Parliamentary Voting System and Constituencies Bill

I have two points in response. Speaking as a member of the Administration, I am in no position to offer detailed assurances on the content of a party political broadcast when that party is only one part of the coalition. However, I shall indicate what the dynamic might be in how the broadcasting authorities treat this issue and, indeed, are doing so—it is not hypothetical. We believe that it is ultimately a matter for the broadcasters to see that the rules in Section 127 on the content of party election broadcasts, together with relevant guidance issued under the Communications Act 2003, are adhered to. That is the Government’s position. I accept that the noble and learned Lord might disagree with it, but we have not yet heard any compelling reason to convince us that that stance is wrong. The proposed approach would in any case still require broadcasters to take a view on whether the proposed content in a broadcast complied with the new rule. Broadcasters would have to make some sort of judgment as to whether the content of a party election broadcast indicated a preference for a particular referendum outcome. Such a judgment might well be in the field of whether a general endorsement of constitutional reform fell within that or whether the content had to be much more specific, endorsing a yes/no position. As I indicated on Report, the chair of the Broadcasters’ Liaison Group has already written to the political parties, drawn their attention to Section 127 of the PPERA and asked them to contact him if they intend to include any reference to the referendum in a party election broadcast in order to ascertain whether any reference crosses the line into Section 127 territory and could in the group’s view be unlawful. We believe that these lines of communication will clarify how the legislative framework will apply in the context of the combination of the referendum with other polls on 5 May. The framework for regulating party election broadcasts sits under the Communications Act 2003 and within the broadcasters’ guidance. We believe that that, combined with the Section 127 provisions in PPERA 2000, provides the necessary clarity. That said, the Government acknowledge the important issue that has been raised by the noble and learned Lord in tabling this and other amendments at earlier stages. The PPERA framework for referendum regulation was introduced by the previous Government and, despite the confidence that I have expressed in the legislation, aspects of the framework might need a longer-term refresh. I reassure the noble and learned Lord that the Government will reflect further on these points in the light of the referendum and the experience of the poll on 5 May. In the mean time, I urge the noble and learned Lord to withdraw the amendment.