It is a pleasure to contribute to this Second Reading debate on a Bill that comes at a crucial time for our creative industries and broadcasters. Several broadcasters are already applying for the 10-year licences, and we need to have a settled approach to how they can be granted. I should refer the House to my entry in the transparency register, as a former Minister, and to the interests that I have declared in the Register of Members’ Financial Interests.
My right hon. Friend the Member for North Thanet (Sir Roger Gale), who was in the Chair earlier, was the director of BBC children’s television in the 1970s. A number of children’s programmes have already been mentioned, but, for what it is worth, my favourites were “Paddington”, “Pipkins” and “Mr Benn”. It has often been said by the person who created “Mr Benn” that children’s television had to attract not only older children but adults, who would often sit watching it alongside the children. It has sparked many a career, including the careers of Members of the other House but also those of some of the greatest broadcasters of today.
The Media Bill reflects the changes in technology and in how people consume broadcasting in a variety of ways. A lot more is consumed on the go or on demand, and I regret that there are fewer community moments—water cooler moments, as they used to be called—but broadcasting still plays a vital role in shaping the conversation, through the fun and joy that people have in watching, as well as in exposing some of the interesting challenges we face.
In this broader landscape and market, I welcome the global online platforms. They have helped the viewer and the creative industries, but they have also brought a risk for our public service broadcasters, particularly our commercial public service broadcasters, who have responsibilities that those other organisations simply do not have. It is important, if those broadcasters are to be viable and sustainable, that we recognise the context in which those platforms land.
There has been at least one call from the shadow Secretary of State for the use of Henry VIII powers, and that is because we need to be flexible. The last time we had similar legislation was in 2003. By the time the Bill goes through, we will need to have that flexibility built in—I hope it goes through at pace, because it really matters to our broadcasters and the industry that it does. As my hon. Friend the Member for Folkestone
and Hythe (Damian Collins) said, there are certain areas in which Channel 4 would have liked the flexibility to go slightly further. Let us build that flexibility in now and, rather than seeing Henry VIII powers as something bad, look at what they can be used for. I must admit that in my role as a Minister, I found that one of the most flexible pieces of legislation was the Environmental Protection Act 1990. It was by having Henry VIII powers that we were able to keep pace with the challenges we faced, and we should welcome the opportunity to add such powers to this Bill.
I thank the Members of both Houses who performed the pre-legislative scrutiny. That has made it a stronger Bill, and it is important that the Government have largely listened. That shows maturity, and it is why I think the Bill will be a success. I echo Members’ comments about ensuring that we use the word “significant” and not just “appropriate” in proposed new sections 362AM and 362AO to the Communications Act 2003, because we need to give clarity and send a firm message to Ofcom. At the end of the day, Ofcom is an independent regulator. It does not represent people right across the country, and it is important that Parliament has a voice in pushing or promoting that.
The Select Committee referred in its report to the use of negative statutory instruments by the Government. I ask the Government to think again slightly. Having experienced a variety of legislation, I know that the role of negative SIs is well established and that they represent about 80% of the legislation that we make. They are used to update minor points. However, it is not necessary to leave such elements to Ofcom or to take these things to court when Parliament can assert that role.
I am really pleased about the change in Government policy that has led to the parts of the Bill that relate to Channel 4. It was under Margaret Thatcher’s Conservative Government in 1982 that Channel 4 was created as a way to have a public sector broadcaster that was still state owned but that generated all its revenue privately rather than through the licence fee, and what a job it has done. S4C was, of course, created on the same day. I very much welcome the special status that Channel 4 will continue to have, as well as the new powers that give it the freedom and flexibility to produce. I also welcome the commitments still being made to the independent sector, and I know that Channel 4 will not suddenly rush to bring everything in-house—far from it. Why would it, when the way it has done things so far has been so successful? I pay particular tribute to its exceptional chief executive, Alex Mahon, who has been a real champion for Channel 4 and the creative industries. Long may she flourish.
Turning to the excellent ITV, I suggest that it really needs a level playing field and this kind of opportunity, particularly when it comes to global platforms. The extra burdens put on our public service broadcasters are important to the diversity of the TV that we enjoy, and ITV continues to go from strength to strength. Just like Channel 4, it has made transformations in its filming. Channel 4’s portrayal of the Paralympics in 2012 has been recognised around the world as a real game changer by the Paralympic movement. Similarly, ITV broadcasts brave coverage of the news and is spending a lot more money on going to some of the
most challenging parts of the world. Other broadcasters including Sky have done similar things. When we give Ofcom these powers, we must send a strong message about the robust application and enforcement of prominence for PSBs on global online platforms, on terms that enable them to thrive and deliver their remit.
Much has been said about local radio, and a significant number of local radio stations have been created in Suffolk Coastal following the significant reduction in BBC Suffolk’s very local content. Although I regret that reduction, it has opened up an opportunity for many more broadcasters. I welcome the provisions in the Bill to make it easier for local radio stations to broadcast and thrive.
On part 7, there is a lesson for all of us in the light of the Leveson inquiry that a knee-jerk reaction to a prominent public inquiry is not necessarily the best way to generate new legislation. I can see why people were so upset, and continue to be upset, when the media seem to have the freedom to trash people’s lives and reputations, but it was not the right knee-jerk reaction. It is good that we never commenced section 40 of the Crime and Courts Act 2013 and are now repealing it. I would be very concerned if the repeal led to a rush of newspapers suddenly departing from the Independent Press Standards Organisation or Impress. I know that some newspapers have chosen not to use either, but we should not actively encourage that choice through the Bill.
This is a good Bill, and I hope the House will let the Government work at pace. The Bill is important for the commercial viability and sustainability of PSBs, none of which has the benefit of the licence fee, which means that the BBC does not particularly need to work to generate income. I should say that I worked at the BBC for six to nine months before becoming a Member of Parliament, and it has a very special place in UK life, but it is important that we have a wide range of PSBs. The Bill will help to keep PSBs sustainable for the future.
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