BBC Licence Fee Non-Payment (Decriminalisation for over 75s) Bill

Shaun Bailey Excerpts

2nd reading
Friday 21st October 2022 Commons Chamber

[Sir Christopher Chope]

They were both Members of Parliament. One of them has been suspended from sitting in this House for a recommended 10 weeks, I think, and one of them has not been suspended—there was no charge against my right hon. Friend the Member for Bournemouth West at all. In a sense, the right hon. Gentleman makes my point for me.

To return to what TV licensing prosecutions do, Tara Casey of the legal charity APPEAL says:

“TV Licensing prosecutions are the perfect example of the criminalisation of poverty. This has got to be wrong, particularly during a cost-of-living crisis.”

How many people are being prosecuted for TV licence fee non-payment? The latest figures that I have are that 49,144 people were prosecuted last year, 92% of whom were convicted. These prosecutions were dealt with in the courts, thereby creating public expense through the court hearings and a great deal of distress for the people—92%—who were convicted.

[Shaun Bailey (West Bromwich West) (Con)]

At a time when our courts are under increased pressure, a prosecution over a TV licence is surely not a priority. Does it not make a farce of itself?

[Sir Christopher Chope]

I agree. That is why I hope the Ministry of Justice, which is concerned about delays in the magistrates courts, will be saying, “How ridiculous that our magistrates courts should be taken up with cases of BBC licence fee non-payment.”

We talk about bureaucracy and the shortage of people in this country to engage in productive employment. The BBC has said that it wishes to return to the pre-pandemic level of visits to people’s homes in relation to the licence fee. In 2020-21, licensing officers from the BBC visited 671,500 homes, and 62,000 residents were found to have been using the BBC not in accordance with the rules. What an enormous volume of activity that involved—activity that I think we should be able to dispense with, and we would be able to dispense with it if we dispensed with the BBC licence fee, but we could take a staging point halfway if we prevented the BBC from being able to prosecute these normally hapless people.

In February 2020, the Government launched a consultation on the issue of decriminalisation. It took about a year for the results to be published. In their response, the Government were pretty damning about the criminalisation of those who do not pay the licence fee. Paragraph 70 of the report from the Department for Digital, Culture, Media and Sport states:

“After considering the consultation responses, the government remains concerned that criminal prosecution is, as a matter of principle, an unfair and disproportionate approach to enforcement of TV licence evasion in a modern public service broadcasting system.”

So there we have it, Madam Deputy Speaker. Paragraph 76 states:

“Against this background, the government therefore intends to continue assessing these potential impacts of an alternative sanction on licence fee payers. On this basis, while no final decision has been taken at this time, the government will keep the issue of decriminalisation under active consideration as part of the roadmap of reform of the BBC discussed below.”

I am delighted to see the Secretary of State on the Front Bench, but I hope that the Government are indeed “actively” dealing with this issue.