My Lords, an afternoon is certainly a long time in politics and the noble Lord, Lord Bassam, is probably right that this is a good moment to thank all noble Lords who have given detailed consideration to the Bill in Committee, and indeed during its pre-legislative scrutiny. It has been fortunate in the sense that it was scrutinised before it came to your Lordships’ House, it was improved by that process and we have had very good debates throughout this Committee. I too am grateful for the courtesies, the time and attention that the noble Lord and the noble Baroness opposite have given to the Bill, as well as the noble Lord and the noble Baroness on the Lib Dem Front Bench and noble Lords across the Chamber. I am glad we have been able to dedicate a lot of time to this, both in the Chamber and outside. It has been a pleasure working with them.
On the amendment, it is a delight to be able to join in the praise that was directed to my noble friend Lady Stowell of Beeston for her very careful consideration of matters not just in this Bill but on related issues in the Digital Markets, Competition and Consumers Bill.
The Government are committed to a pluralistic media landscape in which the public can access a wide range of accurate, high-quality news, views and information. Maintaining a free and thriving press is both a government-wide commitment and a personal priority for my right honourable friend the Secretary of State, who recognises, as I know my noble friend does, that our free press is a key pillar of our healthy and vital democracy. We acknowledge that the acquisition of UK news organisations by foreign states would run the risk of eroding trust in those vital organisations. This concern was the driving factor behind the introduction of the new foreign state intervention regime for newspapers and periodical news magazines, for which my noble friend was a compelling advocate.
It is clear from my noble friend’s remarks that the same concerns that led to the creation of that regime are also the motivation for the amendment she has tabled on ownership of UK broadcasters, including their ownership by a foreign power. Let me start by making clear that the restrictions on foreign state ownership of newspapers are designed to meet concern about a very specific risk, and the same approach is not necessarily appropriate for broadcasters. Newspapers and news magazines have a primary function to provide news and information, and therefore play a targeted role in helping to shape opinions and contributing to wider political debate. While our television and radio broadcasters also play a crucial role in the news landscape, their role is considerably more diverse, and the holding of a broadcasting licence is already well regulated through existing legislation.
Television and radio broadcasters in the UK operate within a well-established licensing regime overseen by Ofcom. As the independent regulator, it ensures that persons who own or control a licence are “fit and proper” to hold that licence and follow Broadcasting Code rules. There are also limitations on the persons who may hold or control broadcasting licences. For example, any
“body whose objects are wholly or mainly of a political nature”
cannot hold a licence.
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Additionally, TV and radio broadcasters are, like the press, subject to the media mergers regime. This can include consideration of whether an acquiring party has a genuine commitment to broadcasting standards. These powers can be used if a foreign state controlled body—for example, a body partially owned by a foreign state—were to seek to acquire a major UK broadcaster.
Finally, the Government also have tough powers, through the National Security and Investment Act, to tackle foreign interference and to scrutinise and, if necessary, intervene in acquisitions on national security grounds in the case of a transaction involving a major broadcaster such as Sky or ITV. The Government are satisfied that the cumulative effect of these different restrictions is de facto to prevent foreign states controlling TV and radio services in the United Kingdom.
I acknowledge my noble friend’s point that she is highlighting what she sees as a potential weakness, but the foreign state newspaper ownership requirements are a specific measure to deal with the clear gap in protections that she has ably pointed out. We think the risks here are very different and that there is no need, given the other protections I have set out, for an extension.
Turning very briefly to the specific requirements of my noble friend’s amendment—