My Lords, I gave notice of my intention to oppose Clause 38 standing part of the Bill, and I did so to enable us to have a debate on what for many in local government is arguably the most contentious part of the Bill, or certainly one of the most contentious. I did not wish to try to amend the clause; I simply wanted to facilitate a debate to enable the Minister to give us the evidence that the abuse of the voluntary publicity code is sufficiently serious and widespread, and indeed is a prime cause of the threat to local newspapers, as to justify giving very considerable powers to the Secretary of State over the local publicity that councils can undertake.
I have been supplied with the wording of the coalition agreement which relates to this issue rather more than to the statutory notice one. The agreement states:
“We will impose tougher rules to stop unfair competition by local authority newspapers”.
For added value, the Liberal Democrat manifesto stated that we:
“Support a diverse regional and local media. We will help to maintain independent local sources of news and information by enabling partnerships between TV, radio and newspaper companies to reduce costs, and by limiting publicly-subsidised competition for paid advertising from local council free-sheets”.
I will leave it to the Minister to tell us what the Conservative Party’s 2010 manifesto stated, as I am sure she knows it off by heart.
As I said, I am asking the Minister for the evidence on which the Government are basing what I consider to be fairly draconian measures. I ought to say that I entirely agree with that section of the coalition agreement and, indeed, with that part of my own party’s manifesto. I believe that I am sitting next to the author of that, so I have little choice but to agree. However, I do agree. I offer no personal or political support for that tiny number of local authorities—I believe that it is a tiny number—which have gone too far in a party-political sense when publishing newspapers, magazines or other material. That criticism applies whichever party is involved or even, in one case, no party. I think that we all hold that view. However, is that abuse so widespread and general as to justify legislating to give the Secretary of State this power? I am not sure which words to use as I do not want to say, “power to control the publicity output of local authorities”, but that is where this is leading.
The measure gives the Secretary of State power to intervene even if a local authority has complied with the currently voluntary publicity code. I find that worrying. I have never believed that a small number of abuses, however wrong or undesirable or however much we all oppose them, is ever sufficient justification to legislate for everybody. However, that is what I think we are doing. I believe that the vast majority of publications, of whatever nature—magazines, newspapers, newssheets, letters from the leader—comply with the voluntary code. Of course, people may or may not agree with some of the comments but they give no cause for general concern and certainly no requirement for legislation.
Clearly, my Government take a different view so, by enabling this debate today, I am asking the Minister to give us more widespread evidence—rather than two or three perhaps misguided local authorities—that this is a problem that needs to be tackled in this way. I also wonder whether the continuing budget cuts are actually proving a far more effective restraint on local authority publications, whatever their content, than anything that we may legislate for; that may be something that we need to examine further.
I will pause now and give the Minister the opportunity to provide the evidence that many of us are seeking.
5.15 pm