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Dr. Moonie: We welcome the Government's new clause. A very long list of amendments has been made, and it is interesting how often the Government have taken account of comments made by hon. Members of all parties. Like the Minister, I commend the new clause to my hon. Friends.
Question put and agreed to.
Clause read a Second time, and added to the Bill.
Mr. Sproat:
I beg to move, That the clause be read a Second time.
Madam Speaker:
With this, it will be convenient to discuss also Government amendments Nos. 56 to 66.
Mr. Sproat:
The new clause and the consequential amendments fulfil a commitment made to the public service teletext licence holder, Teletext Ltd., that there should be no requirement to simulcast its existing analogue service on the capacity on the channel 3/Channel 4 multiplex reserved for it. That would be unnecessarily restrictive, and would deny Teletext the opportunity to use the new technology to its fullest potential.
The new clause therefore allows Teletext to propose to the ITC a new service to be broadcast on the reserve capacity. That service must meet the same general quality threshold required of the existing analogue service, but Teletext is free to suggest new ways in which to do that, rather than having to meet specific minimum requirements for numbers of pages on certain subjects, as it had to do to obtain its analogue licence.
If the ITC is content with Teletext's proposals, the existing licence will be varied accordingly to allow a new digital service to be broadcast. There will be no change in the licence conditions covering the analogue service.
Question put and agreed to.
Clause read a Second time, and added to the Bill.
Mr. Sproat:
I beg to move, That the clause be read a Second time.
Mr. Deputy Speaker (Sir Geoffrey Lofthouse):
With this, it will be convenient to discuss also new clause 39--Financing of programmes in Gaelic out of Gaelic Television Fund--
Mr. Sproat:
The new clause will increase the amount of Gaelic television programmes broadcast at peak time in Scotland. As I stated in Committee, the Government intend to place an obligation on the ITC to ensure that the operator of the third digital multiplex service includes in Scotland a minimum of half an hour of Gaelic programmes in peak time every day as part of its service. The clause also places an obligation on existing broadcasters of Gaelic programmes to make available free of charge Gaelic programmes that they have previously broadcast for retransmission as part of the digital multiplex service.
'.--(1) If the public teletext provider has notified the Commission under section 2(4A) of his intention to provide a teletext service for broadcasting in digital form as a qualifying service, he shall submit to the Commission his proposals for providing that service in compliance with the requirements specified in subsection (3).
(2) The Commission shall give their consent to the provision of the service unless it appears to them that the proposed service would not comply with the requirements specified in subsection (3).
(3) The requirements referred to in subsections (1) and (2) are--
(a) that the service includes a sufficient amount of news items which are of high quality and deal with both national and international matters,
(b) that the service includes a sufficient amount of information which is of particular interest to persons living within different areas for which the service is provided, and
(c) that (taken as whole) the service includes a sufficient amount of information (other than news) which is calculated to appeal to a wide variety of tastes and interests.
(4) Where the Commission have given their consent under subsection (2), they shall vary the relevant licence held by the public teletext provider so as to include such conditions as appear to them to be appropriate--
(a) for imposing on the public teletext provider, in specified circumstances, an obligation to provide the qualifying teletext service, and
(b) for securing that the qualifying teletext service, if provided, accords with the proposals submitted under subsection (1);
and they may include those conditions in any other licence under which the analogue service is subsequently provided.
(5) Sections 6 to 12 of the 1990 Act (general provisions relating to services licensed under Part I of that Act) shall apply in relation to the qualifying teletext service as they apply in relation to the analogue service, but as if the reference in section 12(1)(b) of the 1990 Act to the Commission's functions under Chapter II of Part I of that Act included a reference to their functions under this Part.
(6) In this section--
"the analogue service" means the service referred to in section 49(2) of the 1990 Act,
"the relevant licence" means the additional services licence (within the meaning of Part I of the 1990 Act) under which the analogue service is provided.'.--[Mr. Sproat.]
Brought up, and read the First time.
'.--(1) The Secretary of State may by order provide for the Commission to include in any multiplex licence granted in respect of one frequency to which section 26 applies such conditions relating to the broadcasting of programmes in Gaelic for reception wholly or mainly in Scotland as may be specified in, or determined by them under, the order.
(2) The Secretary of State may by order require the holder of a multiplex licence ("the holder"), in complying with any such conditions, to broadcast programmes in Gaelic supplied by each of the persons mentioned in subsection (4) ("the suppliers") amounting to such minimum number of hours (if any) of transmission time per year as may be specified in the order in relation to that supplier.
(3) For the purpose of enabling the holder to comply with any such conditions and any obligation imposed by virtue of subsection (2), it shall be the duty of each supplier to provide the holder, free of charge, with such programmes in Gaelic which have been broadcast by the supplier as the holder may request.
(4) The suppliers are--
(a) the BBC,
(b) the Channel Four Television Corporation,
(c) any holder of a Channel 3 licence to provide a regional Channel 3 service (within the meaning of Part I of the 1990 Act) for reception wholly in Scotland, and
(d) such other persons providing television broadcasting services as may be specified by order by the Secretary of State.
(5) Subsection (3) shall not apply in relation to any programme first broadcast by the supplier concerned--
(a) before 1 January 1993, or
(b) in the period beginning on 1 January 1993 and ending on 31 March 1997, if the supplier has no right to broadcast it again or has such a right but is not entitled to transfer it to the holder.
(6) The holder may broadcast any programme supplied by virtue of subsection (3) on one occasion only.
(7) The holder shall consult Comataidh Craolaidh Gaidhlig and the suppliers about--
(a) the quantity of programmes likely to be requested by the holder from each supplier by virtue of subsection (3), and
(b) the schedules proposed for the broadcast by the holder of programmes supplied by virtue of that subsection,
and shall have regard to any comments made as a result of such consultation.
(8) Any order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(9) In this section "Gaelic" means the Gaelic language as spoken in Scotland.'.--[Mr. Sproat.]
Brought up, and read the First time.
'(1) Section 183 of the 1990 Act (financing of television programmes in Gaelic out of Gaelic Broadcasting Fund) is amended as mentioned in subsections (2) and (3).
(2) In subsection (6) there is inserted after the second 'Committee', "for broadcast on an analogue service".
(3) After subsection (6) there is inserted:--
"(6A) The Committee shall seek to coordinate the provision of Gaelic television programmes broadcast in Scotland using digital capacity on a multiplex service; and may do this by applying for a digital additional service licence under section 22 of the Broadcasting Act 1996, either:
(a) on its own, or
(b) in association with other interested bodies.".'.
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