My Lords, this has been a good debate on a topic that has been well rehearsed in this House. I have stood at this Dispatch Box and in the Moses Room trying to support the Government in their attempts to get to the root of this issue over a number of years and I sense that we are reaching the end of a journey. At this stage I am not opposing the decision by the Government that is reflected
in the Bill to remove Section 73, but when the noble Baroness responds I hope she will be very clear about some of the thinking behind it. I do not think the issue is as uncomplicated as some other contributors to the debate have said.
In the first place, I understand that the primary reason is the abuse that has been exercised by non-cable operators in recent years, referred to by the noble Lord, Lord Clement-Jones, in relation to using Section 73 to try to gain access to PSB material for retransmission on iPad and other devices, but not on cable. Obviously, the review carried out by the Government was important, but the conclusions seem to reflect the fact that the thinking is still that the “must offer, must carry” provision will interpose itself into any negotiations about value. That is because if you must offer and there is a “must carry”, that will not make it a free and open negotiation about what the price should be. So I shall be interested to hear what the noble Baroness thinks. I understand that the Government have decided that although the repeal should go ahead, it should not result in significant fees flowing from cable operators to PSBs so, as I say, I should like to know what the thinking is on that.
While I agree with the way the Government are going forward, I worry about the risk of blank screens. If negotiations are to take place but result in a failure to agree, a very large number of people who have signed up in good faith to cable channels might not be able to watch the programmes that primarily drove them to sign up; that is, those of the PSB channels. In that sense it is important that we get absolutely the right story on that.
Our Amendment 73A, which I am delighted to hear is supported by the noble Viscount, Lord Colville, the feeling is that if money is to be paid for carrying this material, it is important that it should be recirculated into original British production and not used simply to repay shareholders and others.
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