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Mr. Deputy Speaker: With this, it will be convenient to discuss the following: New clause 15--Powers of the Secretary of State in relation to the sale of television rights--
'.-(1) If the Secretary of State concludes that the sale of the exclusive rights to televise all or part of any sporting or other event is not in the national interest, he may by order determine that any contract entered into for that purpose shall be void.
(2) An order under subsection (1) above may state, for the purposes of any subsequent contract, which part or parts of that event may be the subject of the sale of exclusive rights as mentioned in subsection (1).
(3) Before making an order under subsection (1) the Secretary of State shall consult the owner of the rights to televise the event, relevant broadcasting organisations and anyone else as he determines.
(4) No order under subsection (1) may be made unless a draft of the order has been laid before and approved by both Houses of Parliament.'.
New schedule 1--Listed Events--
And the following amendment thereto: (a), at end add--
Amendment No. 1, in clause 91, page 86, line 35, leave out from 'in' to 'subsection' in line 38 and insert--
Amendment No. 2, in page 86, line 47, after 'list', insert
Amendment No. 3, in page 87, leave out lines 1 to 7.
Amendment No. 129, in page 87, leave out lines 10 to 15.
Amendment No. 4, in page 87, line 14, leave out '(2)' and insert '(2B)'
Amendment No. 5, in page 87, leave out lines 16 to 19.
Amendment No. 130, in clause 93, page 87, line 35,, leave out
and insert '19th March 1996'.
Dr. Cunningham:
New clauses 12 and 15 and the associated amendments Nos. 129 and 130 refer to the listed sporting events that were the subject of considerable debate and not a little controversy not only in the other place but across the country after the publication of the Bill. The Government suffered their first defeat on the Bill in Committee in another place on the list of sporting or other events that should not be shown exclusively on pay-per-view or subscription television--in other words, events that should be reserved also for terrestrial television broadcasting.
The Government amendments were tabled at the 11th hour in the House of Lords and rightly came in for great scrutiny in Committee. Our concern now is about the process by which a sport could become listed or could be removed from the list, since we do not take the view that the existing list should remain in its present form for all time. On Second Reading, the Secretary of State claimed to have been pleased that the House of Lords overturned the Government's wishes on the matter. If we accept--as she did then--that these events are of national importance, we must also accept that they should be subject to a national debate on the future merits or demerits of listing them.
New clause 12 would make the list the property of Parliament, and not exclusively that of the Secretary of State. The new clause would impose a duty to review the list annually and to place it in the form of a statutory instrument before the House of Commons. Nothing of that nature happens at present. As the proposal has been controversial--not only here, but among sportsmen and women, broadcasters and fans--many people have argued that the list should have a number of other events added to it immediately. The five nations rugby championship has been suggested--[Hon. Members: "The four nations rugby championship, now."] Perhaps that is right. The Ryder cup golf tournament is another example.
New schedule 1 and its associated amendments in the name of my hon. Friend the Member for Newport, East (Mr. Hughes) would add the five nations tournament to the list, but we have been advised that there is a serious problem with that addition to the list, and with the addition of the five nations championship to the Bill. Indeed, our advice from the Clerks is that this schedule would make the Bill hybrid, thus placing the entire Bill
in jeopardy. In many respects, that might be appealing to Opposition Members but, frankly, that is not a road down which we wish to travel. There are far too many important provisions in the Bill that we do not want to be lost, and we cannot support that approach.
New clause 15 gives the Secretary of State the opportunity to intervene in these events. We have argued for some time that the list should be reviewed and that the Secretary of State and Parliament should be allowed to add further events, if that is the decision. Amendments Nos. 129 and 130 would ensure that the full effect of listed status would apply to any event added to the list from the time the Government amendments were added to the Bill. In that way, it would be perfectly feasible for this or any future Government to add an event or events--including the four or five nations rugby championship--to the list.
For that matter, any other event that it is decided should be protected for terrestrial television broadcasting--it may not necessarily be a sporting event--may be added. One thinks of millennium celebrations, or other events over which there could be a clash of interests in deciding whether they should be exclusively broadcast or more generally available. That could be done if it was thought appropriate and practicable, and if the Secretary of State so recommended and the House agreed. That process would also give sports' governing bodies and broadcasters, in addition to the House and hon. Members, sports fans and organisations, the opportunity to contribute to the debate and discussions before any change in the listed events took place. I commend the new clause to the House.
Sir Peter Fry (Wellingborough):
I find considerable sympathy with the Opposition new clause because the right hon. Member for Copeland (Dr. Cunningham) mentioned the sport that is dearest to my heart--rugby union football. In the past few weeks, I have discussed the decision of the English Rugby Football Union with a considerable number of rugby players and officials, particularly from the junior clubs.
It being Ten o'clock, further consideration of the Bill stood adjourned.
Motion made, and Question put forthwith, pursuant to Standing Order No. 14 (Exempted business),
Question again proposed, That the clause be read a Second time.
Sir Peter Fry:
There is widespread concern that the recent agreement between the Rugby Football Union and Sky Television not only has endangered the future of the five nations championship but will deprive the majority of people in this country of the opportunity to see home internationals when they are being played, by removing them from their television screens.
.--The list of events mentioned in section 91 of this Act is as follows, namely:--
--the F.I.F.A. World Cup Finals (that is to say all stages of the tournament after the qualifying stages)
--the F.A. Cup Final
--the Scottish F. A. Cup Final
--the Wimbledon Finals
--the Derby
--the Grand National
--Test Matches played in the United Kingdom
--matches in the Five Nations Championship involving England, France, Ireland, Scotland and Wales.'.
'--the Welsh Rugby Union Cup Final'.
'the list contained in Schedule (Listed events) to this Act.
(2) The Secretary of State may by order made by statutory instrument vary the list of events referred to in subsection (1) above, but no such statutory instrument shall be made unless a draft of it has been approved by a resolution of each House of Parliament.
(2A) The power referred to in subsection (1) above to vary the list of events shall include the power to add an event to, or delete an event from, the list, or to substitute one event for another.
(2B) The Secretary of State shall not exercise the power conferred by'.
'contained in Schedule (Listed events) to this Act.'.
'the commencement of this section'
That, at this day's sitting, the Broadcasting Bill [Lords] may be proceeded with, though opposed, until any hour.--[Mr. Brandreth.]
Question agreed to.
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