Equality Bill

My Lords, Amendment 58C will provide an exception for broadcasters, such as the BBC and Channel 4, from the services and public functions provisions in Clause 29. This is intended to ensure that claims for discrimination, harassment and victimisation cannot be brought in relation to the broadcasting and online distribution of a contents service, as defined in the Communications Act 2003. We agree with noble Lords opposite. It was never our intention that anything in this Bill should undermine the editorial independence of these broadcasters. The noble Lord, Lord Lester, has made an eloquent case for the exception, and we understand the concerns that have been expressed by the broadcasters themselves. The examples which have been cited—the ludicrous examples—demonstrate the problems that exist, as well as livening up our proceedings. In the past, the legislation has left it to the courts to decide whether the content of broadcasting output is a public function. Our view has always been that it is not. However, despite this view, we understand that the broadcasters are being forced to spend large amounts of resources dealing with complaints of discrimination. More importantly, we understand that the threat of a successful discrimination case being brought against them in the future has a chilling effect on broadcasters when they are considering commissioning programmes concerned with difficult, challenging and sensitive matters relating to race, disability, et cetera. This chilling effect can in turn deny the viewing public the opportunity to see controversial programmes that are an important means of prompting public debate. We have therefore concluded that including an exception for the broadcasters in the Bill in respect of the broadcasting and online distribution of content could provide certainty and ensure that the concept of editorial independence is protected. We are therefore happy to accept the amendment tabled by the noble Lord, Lord Lester, and the noble Baroness, Lady Howe of Idlicote, and I thank them both. Amendments 113 and 114 are amendments to Schedule 18, paragraph 4. These amendments would except from the scope of the equality duty any person involved in the commissioning, content and broadcast of programmes, or any function in connection with the commissioning, content and broadcast of programmes. These amendments are identical to amendments tabled and debated during the Committee in another place. As then, the Government oppose these amendments because they are unnecessary. We have made clear on a number of occasions our intentions for the public service broadcasters and the equality duty in letters to the Director-General of the BBC in a Named Day Question answered by the Secretary of State for Culture, Media and Sport, and during Committee in another place, both of which are recorded in Hansard. I also responded to this point at Second Reading. Our policy is that the duty should not apply to the broadcasting and output functions of the public service broadcasters. Editorial independence for broadcasters is a long-standing government policy and one we are committed to retaining, as our acceptance of the previous amendment has just shown. However, it is important that we list the BBC, Channel 4 and S4C in Schedule 19 and we will do so at the same time as we amend the rest of the list. When we list them in Schedule 19, we will explicitly exclude their broadcasting and output functions. Clause 149(4) makes it clear that if a body is listed in Schedule 19 in respect of certain specified functions, the duty will only apply to those functions. There are no amendments from the Government that will appear on lastminute.com, as the noble Lord says, because we are having informed discussions with a wide number of public bodies about whether they should be included, including the BBC. We are working closely with the BBC and other broadcasters to define exactly what functions need to be excluded in order to respect editorial independence. In due course, we will bring forward secondary legislation so that noble Lords will have an opportunity—