The noble Lord asks a very pertinent question, but I do not necessarily have the numbers at my fingertips to be able to provide him with the pertinent answer. I will endeavour, after the Committee, to get some further information on that.
My noble friend Lord Clement-Jones asked why this took so long. This was a long process because of the consultation. I understand that we are getting some criticism from colleagues who say, “Have you actually got this right? Have you actually talked to people? How is this actually going to work in practice?”. However, we also get criticised for taking too long because we are consulting too much. This is always a difficult balance to get right, but we totally understand the point about promises that have been made in the past and need to be honoured. These measures are doing that and, we hope, doing it in a way that is actually going to work.
The noble Baroness, Lady Howe, asked whether the condition in new paragraph (o) in the regulations is set too low. The industry, child protection organisations and other organisations supported the regulations, including the definition in new paragraph (o) as drafted. The Government will monitor how the regulations work in practice.
The noble Lord, Lord Alton, asked why we cannot refer to BBFC guidance. Section 2A(6) of the Act allows regulations to refer to guidance when it comes to conditions relating to video games. We do not have a similar power in respect of guidance for video works, which these regulations address.
Also on new paragraph (o), as with sport, music and educational products, video works primarily about religion will lose their exemption from classification only if they contain any of the material set out in the regulations. It will be for the BBFC to determine how they should then be classified. The BBFC is already experienced in making classification decisions about religious themes—for example, when they appear in films. The noble Baroness, Lady Howe, asked whether people might take offence at hymns et cetera. I accept that the question needs to be addressed, but I cannot quite see that BBC box sets of “Songs of Praise” are necessarily going to come within the ambit of the Act. However, again, we have to be careful with the wording to ensure that that does not happen, that we catch the material that we want to catch and that we do not inhibit the excellent material that we want to see more widely viewed.
The noble Lord asked whether the BBFC guidance is inconsistent with new paragraph (o). The BBFC guidance applies in respect of those works that it is to classify, while new paragraph (o) applies in deciding whether a work should be classified. If a work is caught by the condition, BBFC guidelines will then be applied to decide, on objective grounds, what classification it can be given, including, for example, U.
I have tried to respond to most of the questions that have been raised and I again thank noble Lords for sharing their expertise and their concern to ensure that these regulations work in practice as they are intended to do. I undertake to write to noble Lords with further reflections on the points that have been made. With that, I commend the regulations.