British Board of Film Classification (Accountability to Parliament and Appeals) Bill

I am delighted to hear that progress might be made on this issue in Committee, if the Bill reaches that stage. I have tried to be supportive of the hon. Gentleman and his Bill on that issue, but I have to tell him that from now on, it is downhill, because there is no other part of the Bill with which I have any agreement whatsoever. However, I hope that that will in no way lead him to suggest that I am belittling the concerns that he and many other people have about the issues that we are debating. All Members who have spoken so far, and doubtless those who have still to contribute, will share those concerns. To say that the status quo is adequate is simply not good enough. Changes are needed; for example, the hon. Member for Hendon suggested giving greater opportunities for other groups to have an appeal heard by the VAC. There is a general acceptance that there are issues and concerns, and I hope that some of them will be addressed by the Byron review, to which I will return. I have practical concerns about the detail of the Bill, the first of which relates to the appeals mechanisms, which have been touched on by many others. As we heard, there are in effect two appeals processes. I take the point made by the hon. Member for Hendon that the use of the local authority in respect of films shown in cinemas is not really an appeal, but that is the mechanism for such films. As we have heard, for videos, DVDs and certain video games, the mechanism is the work of the video appeals committee. A number of people have talked about the VAC being a creature of the BBFC, and it certainly is, but nobody should be in any doubt as to its robust independence. We have already heard probably the best example of that from the mouth of the Bill's promoter—the row that occurred about ““Manhunt 2””. Let us reflect on this point. This can hardly be a cosy relationship, given that the BBFC effectively took to judicial review a decision made by the VAC. The VAC has, therefore, clearly shown real independence. The hon. Member for Hendon referred several times to the excellent book by Robertson and Nichol on media law. Having studied this matter, they make it very clear that the VAC really does exert its independence. So it is an independent body, and we should not forget that. The Bill proposes to establish a new appeals body for videos, DVDs and some video games. As we have heard, it would consist of an independent panel, 12 of whose members would be selected at random for each hearing, which would be triggered by an early-day motion with 50 or more signatures. The issues to be dealt with include the classification of an existing video game. I have nothing at all against the idea of ensuring that the VAC is independent not only in spirit, as it currently clearly is, but in structural terms. I accept that we should look at that issue, because there is within the minds of some a lingering doubt that it is a creature of the BBFC. However, the question then is why we need to set up this elaborate procedure. Is there any real evidence of huge dissatisfaction with the work being done or with the classification system itself, against which the vast majority of appeals are actually aimed? As we heard from the hon. Member for Hendon and others, there are clearly mixed views on the matter. There always will be. However, we know from the detailed research—incidentally, it was not conducted, as was suggested, by one independent organisation, but by several—that the majority of the public were satisfied with the guidelines on all the categories, whether on sex, violence, language or drugs. The hon. Gentleman cited the figures on that. The phrase ““If it ain't broke, don't fix it,”” certainly springs to mind. I have suggested some areas in tinkering is needed, but I am not convinced that we need a radical overhaul as the hon. Member for Canterbury suggests. I say that particularly in the light of the Byron review, to which much reference has been made today. Frankly, it is bizarre that we should set up a review to consider a large number—although not all, I accept—of the issues on which the Bill touches and discuss those issues without having had its results. Surely it would be far better for us to consider the review's outcome to help us in our deliberations on how we can take forward and address the concerns already expressed in this Chamber. The notion that an appeal should be triggered by 50 signatures on an early-day motion is the most bizarre of all the things in the Bill. I acknowledge that the hon. Member for Canterbury is looking for a mechanism to reflect what he called public opinion on these issues, and I understand that. However, I am not at all convinced that that is the right way of doing it. I am sure that, like the hon. Member for Wantage (Mr. Vaizey), the hon. Gentleman is an avid reader of early-day motions and that both hon. Gentlemen know that as of last night, when I struggled away from my office at 10 pm and finally checked, there were 1,075 early-day motions before the House. Of those, 380 have 50 or more signatures; I urge all hon. Members to have a look at those. However, they should also note that the vast majority of early-day motions have fewer than 50 right hon. and hon. Members' names on them. Having looked at the early-day motions with fewer than 50 signatures, I have no doubt that hon. Members might pick up on early-day motion 590, which was tabled by the right hon. Member for Leicester, East. It expresses his concern about that much-talked-about video game ““Manhunt 2””. It was tabled on 17 December, but to this day has only 24 signatures—interestingly, they do not include that of the sponsor of this Bill, despite his expressions of concern about the game.