Select Committee on Culture, Media and Sport Minutes of Evidence



Examination of witnesses (Questions 40 - 59)

THURSDAY 18 NOVEMBER 1999

MR GAVYN DAVIES and LORD LIPSEY

  40. Okay. Could I move on to a point Claire Ward was touching on about public service broadcasting? We have gone around the houses a bit about how far your remit went on the definition of public service broadcasting, but you do say in your Report, "We decided that we may not be able to offer a tight new definition of public service broadcasting, but we nevertheless each felt that we knew it when we saw it." Do you feel that News 24 satisfies public sector broadcasting?
  (Mr Davies) I am not easily given to flippancy, but when I wrote that I was possibly at my most flippant.

  41. The most flippant line in the whole of the Report!
  (Mr Davies) No, there is another one somewhere! Honestly, Mr Faber, I think it is wrong for me to comment further about News 24, I really do. I think it is such a specific question about a specific service that it is way beyond my purview to comment on it. As I said to Ms Ward, we have put in place a mechanism for double-checking that it is delivering a public service remit.

  42. I understand your personal problem in answering the question but the fact is when, for instance, the BBC last appeared before us last year, the chairman understandably defended News 24. At the time I was discussing with him the loss of sporting rights or the haemorrhaging of sporting rights and he defended News 24 as being a worthwhile price to pay while saying he could not afford to pay for the sporting rights; £77 million spent over two years to implement a station which another organisation is already doing which does not actually comply with any of the BBC's own public sector requirements.
  (Mr Davies) The nature of this question is why we need to have a more transparent system for making judgments on these questions, because I really do think that this is not the only such question which is going to arise. As channels proliferate in the private sector, more and more of them are going to overlap with BBC offerings, clash with BBC offerings, and this question is going to become a frequent question which needs to be answered in a rigorous and systematic fashion.

  43. And the same applies, as has been discussed at some length earlier, to Online. You yourself said that you still consider there is some distinction between broadcasting and the Internet, if there is that distinction how can Online fit in with the public service requirement?
  (Mr Davies) Again, I think it needs to be justified in the way we have suggested.

  44. Can I ask you then about the future? You have made a few remarks. You said on page 38, "Nor do we believe, however, that the BBC can properly fulfil its responsibilities in the new broadcasting era without some additional sources of funding." What are those responsibilities, what do you see those responsibilities as being?
  (Mr Davies) In a general sense, we started by asking ourselves whether there was a role for a comprehensive public service broadcaster like the BBC in the digital market place, and we decided that the answer for the time being was yes. This was subject to future review, because technology was changing at a pace which meant we could not give a definitive answer forever on that subject. But we did want for the time being to see the BBC given an opportunity to deliver public service broadcasting via digital means with a meaningful role in the market place in order to condition the market place in the same way that the BBC had done in the past. So that was the objective and we did not feel actually that the scale of what the BBC has done so far has been sufficient to accomplish that.

  45. You also said just a moment ago that the viewing habits of the country are by and large still dominated by the BBC, and indeed in the ten or so years that the BBC has been in competition now with other broadcasters you rightly say that the BBC has maintained its position of supposed supremacy in relation to those other broadcasters, yet you also say in the Report either it receives additional funds to compete in the digital arena or it is in effect consigned to a slow demise. Why should it be consigned to a slow demise when it has survived the last ten years perfectly adequately?
  (Mr Davies) I think it has survived the last ten years partly through making very large efficiency savings, which hopefully can continue but may become more difficult, and in addition its relative scale has shrunk, especially in multi-channel households. It is still the prime broadcasting medium in those households but it has shrunk a lot over the last ten years. What we say is that the BBC has been on a financial diet for ten years, that it has been quite a strict diet, that many of the effects of that diet have been healthy but we think it has possibly been taken too far and that it should be moderately alleviated in the next five to ten years.
  (Lord Lipsey) An analogy might help with that problem which is the move to colour. If the BBC had not been allowed to go to colour, it would have been broadcasting much the same kind of programmes but nobody would have been watching them and it would have been dead in ten years. I think that is very analogous.

  46. One of my constant interests throughout looking into the BBC has been the issue of sport, as I mentioned a moment ago, and the loss of sporting rights for the BBC. Did you as a committee look into the whole issue of paying for sporting rights? We have talked about early adopters of BSkyB and others who of course are paying for those sporting rights through premium channels, but the BBC has constantly thrown up its hands and said it cannot compete in this arena any more although it has, happily, done better recently in the last few months. Did you go into this in any detail?
  (Mr Davies) The only detail which we looked at in this area was the potential cost of what is called superinflation, and that comes in two categories. It comes in the category of sporting rights and it also comes in the category of talent. It really is in both cases reflecting the fact that there is a shortage of supply of product relative to the demand for product on-screen, and that is moving the real price, the relative price of that product, very substantially higher. We thought that probably over the next five to six years the BBC would need to pay out about £250 million per annum extra in order simply to provide the existing level of service in terms of sports and talent. So it is just getting more expensive through time to do this. That eats up quite a large amount of the self-help which the BBC is expected to do and it is another reason why we felt they needed some moderate amount of more money.

  47. Last year, I criticised them when they issued their statement of promises. It had a photograph of Des Lynam on the front, probably at the time one of their best known faces, and yet did not mention the issue of sport anywhere in the entire document, which I thought was slightly disingenuous. On page 40 and 41 of your Report, we have got barely a page of what the BBC has said they will do with the new licence fee, and again I notice the word "sport" is not mentioned anywhere in the five paragraphs. They talk about "... important new developments for BBC News 24, BBC Knowledge, BBC Parliament." Did you ask what those important new developments are? Is there any more detail involved than just a page of slightly wishy-washy promises in a 210 page Report?
  (Mr Davies) Mr Faber you must not—

  48. I am not blaming you for that.
  (Mr Davies) Please do not judge the BBC's programme requests solely from what we have written in the Report. That is a very trimmed down version of what they have now published because they published pretty much full details of everything they told us. To the best of my recollection there is nothing they told us now that is not in the public domain. If you look at the response to the Panel Report you will get a lot more detail there, again that is something to talk to the BBC about.

  49. One last question, are you happy—as you say they have now published that—that a great deal of the information that you were originally given was in commercial confidence? You did not publish it for commercial confidence reasons and we received information from them as well. One of the figures that struck me most forcefully was the large amount, the enormous amount, that is spent on the collection of the licence fee. If any man in the street was to see how much money is spent on the collection of the licence fee in proportion to what he pays for it, he would be really quite shocked. Do you think that digital might make the problems of collection of the licence fee even greater?
  (Mr Davies) We looked very carefully into the collection question and made it a lot more transparent. There is a graph in the Report which shows what the combined cost of evasion plus collection is for the BBC each year. From memory, four or five years ago it was something like 16 per cent of total revenue combined, now it has fallen to 12 per cent of total revenue and the objective is to get it down closer to 9 per cent in the period we looked at. I must say I was rather impressed with the individuals who are now in control of the licence collection system.

  50. I was not in any way criticising the BBC. I am stating the point that it is a great deal of money and the take-up of digital could make matters worse.
  (Mr Davies) In terms of whether the digital licence is collectable we did spend a lot of time on that. We are obviously in the hands of the people who have to collect it. They told us they felt confident it would be collectable. They did not think it would lead to a large increase in evasion. They thought it was enforceable and they did not think it was very costly.

Miss Kirkbride

  51. I think listening to my colleagues on this Committee we are all a little bit sceptical as to whether or not sufficient investigation has been made of where the BBC spends its money and what it is spending its money on and whether or not it is using enough opportunities for advertising to justify your proposal, which has been dubbed a tax on technology, perhaps leading to some people not going forward, taking up a digital licence because it would act as a disincentive. Do you feel you have sufficiently explored the Online issues and the News 24 issues to really be satisfied we should grant the BBC more?
  (Mr Davies) I certainly feel we spent enough time exploring the overall funding of the BBC to have clear views about the future appropriate level of funding. I feel comfortable that we did that task to the best of our ability. It did need some further support and bolstering, which is now being done by this private consultancy, which is looking at the BBC efficiency and other matters. We felt it would need that further bolstering. Otherwise, I do feel comfortable that we did enough work. In terms of the term "tax on technology", you could apply that to the colour TV licence as well when that came in in the late 1960s or early 1970s, you could have said that was a tax on technology, you could have applied it to the television licence, you could have applied it to the radio licence, so I do not think it is a new and different point. It is a slogan coined by people in whose interests it is to maintain the status quo. One thing I would like to point out to the Committee is that the present status quo is obviously of benefit in the short-term to the private sector digital suppliers. What is happening is that each one of us in this country, whether we have digital or not, is paying £10 per household for the BBC digital services which are then marketed free by the digital private sector industry. No wonder they like that, it is a levy on every household to their benefit. It is not surprising to me that they like the current situation and do not want it to be changed.

  52. You try and draw an analogy there with the TV licence and the original radio licence, but in those days when those were introduced we did not have the plethora of public sector providers for this multi-media age in which we now live. That is part of the problem about giving more money to the BBC, it is not altogether a level playing field. There is not just one provider of a BBC service and another provider of an ITV service who has dedicated access to advertising on those channels, we are now talking about people coming from the new world who actually have the perception to do what they have done. That is why it does become quite difficult to justify.
  (Mr Davies) Miss Kirkbride, I absolutely agree with you that the analogies with the past are not perfect. They do break down really through the change in the monopoly supply. We had, first of all, one monopoly supplier, which Lord Reith almost fought to his death to maintain, though he would have been completely wrong had he been able to maintain the monopoly. We then had a duopoly for a very long time and now we have a plethora of suppliers. That makes the case for public service broadcasting more complicated in the ways we have been arguing about this morning. I do not think it completely eliminates the case for public broadcasting by a very long chalk. The other thing I would say is that when TV licences replaced radio and colour replaced monochrome the additional charge on the new licence fee was about double the existing licence fee. There was an approximate doubling in people's outgoings in order to upgrade the service. That is not even remotely what is suggested here. We are certainly making allowance for the fact that this is not quite such a clear-cut, watertight case as we have seen in the past.
  (Lord Lipsey) Could I just add one sentence to that? The effect of having a big public sector broadcaster—I am sure it is a bit more efficient than at the time you were there—is not just that it produces certain programmes but the effect it has on the programmes other people produce. It is very clear when you look at the international evidence that in those countries which have run down their public sector broadcasting, it is not just that that disappears but that the quality of the offerings from the other broadcasters also declines. They see an opportunity to cut production costs while still selling their programmes and selling space on them. You do not just affect the BBC you move the whole ecology into a less stable and satisfying situation if you get rid of your public sector broadcasting.

  Chairman: Do you mean if we did not have the BBC, ITV would not give us, Who Wants To be A Millionaire?

Miss Kirkbride

  53. Thank you, Mr Chairman, you made my point there so I will not pursue that particular item! I think what I would like to pursue a little bit more is, a lot of the new money for digital is being found through efficiency savings and there is this extra, which is the additional from the licence fee, why are you not satisfied with what they could do out of their efficiency savings? What persuaded you they still need this extra money when there is a little pot there?
  (Mr Davies) All of us on the Panel ended up being persuaded that they did need some more money. Even Lord Gordon who did not agree with us on the method of financing felt that the BBC probably should get some more money. The reason was that we felt, as David has said, this is more of an art than a science. I cannot prove this to you, I can just say it is the judgment of six or eight people that spent most of this year looking at a subject from an open minded point of view. They concluded that the scale of what the BBC could offer in the future, based solely on self-help, was not likely to be quite big enough to condition the market place and get a foothold for public broadcasting in the digital space. We did feel this raised a risk that the nation probably should not take in the sense that if the BBC is essentially excluded from being a success in the digital area, it will be awfully hard to change that in five or ten years' time. So we did not feel this was just another licence fee review which could have happened any time, we felt that the Secretary of State had asked us to do this now because there were things happening in the broadcasting market which were very, very important at this juncture, and that it would be very risky to fundamentally change the BBC's role without giving it a chance to succeed in this new space.

  54. Were you persuaded the programmes they were going to offer were not already being provided? Did you make a comparison with what is already there in the market place?
  (Mr Davies) We are certainly persuaded that there is no point in having a public service broadcaster like the BBC if it simply replicates programmes which would otherwise be made by the private sector. We have written a substantial chapter in the Report on the nature of market failure in broadcasting, and one of the things which I think most distinguishes the term "public service broadcasting" is that it describes broadcasting which would not otherwise be done by the private sector. So that is something which has to be used as a permanent test of the BBC's output, not in any given half hour of programming but in its entirety.

  55. You talk about the NAO having a role in looking at the BBC. Do you feel very strongly that should be absolutely dependent upon any extension of the licence fee? They are objecting to this at the moment and it is potentially quite difficult to see where their objections are coming from, but do you think as the author of the Report that that should be absolutely made abundantly clear, that one comes along with the other and they are not separable?
  (Mr Davies) It is part of the package we recommended and I think what you will find, Miss Kirkbride, is that if you talk to different members of the Panel you will get a different shading of opinion on the particular question of whether it should be an absolute requirement. I think what is an absolute requirement is that satisfactory measures be put in place, on top of the many which have already been done, to ensure that any future funding increase goes on public service purposes which are accountable to Parliament and the public. We thought on balance that the NAO was the right organisation to fulfil part of that regulatory requirement and it is part of the package we have recommended.

  56. Finally, there is one aspect which is the financial stringency and efficiency savings, and there is also the quality aspect and whether or not the BBC are providing what we on this Committee, who will disagree on many things, think is something we find suitable and attractive for the extension of our licence fee. Do you think at the moment that there is a sufficiently robust regime there, that the BBC is answerable not just to politicians here, although they are perhaps the most obvious focus, but to a wider public that they are providing quality programmes in return for the money?
  (Mr Davies) We think that the regime is far better than it was some years ago, and we think the BBC has made considerable efforts to improve matters. In fact, if you talk to BBC management they are somewhat shocked that they are still subject to these critiques because they think they have made such efforts in the last decade to change that they cannot see why they are being criticised. However, a lot of people told us from the private industry during the review that they still find the BBC rather a forbidding monolith which is hard to approach, hard to understand and very, very difficult to communicate with and not transparent. I want to make sure that if the BBC, as they say, have a will to change this, that they do indeed change it. On the NAO, which is part of accountability—not as much part of transparency, I suspect—on the financial side, the BBC has made a strong case in its mind that the NAO is the thin end of a wedge which would involve a substantial amount of interference by Government in programming content. We took the view that there is an absolutely clear divide between accountability to Parliament—and the NAO is a parliamentary agency, not a Government agency—and interference by Government in programming. We think in the terms of reference given to the NAO for what it would do at the BBC, these two things can be absolutely clearly separated and we do not believe that this would be a problem. Indeed, the NAO for some years has been looking at the World Service in exactly the way that we think, after the Charter review, it should look at the rest of the Corporation.

  Chairman: The point you make is very valid. When we were conducting an inquiry into the BBC, I made a simple request that the BBC should await a report by this Committee before reducing its parliamentary coverage, we were immediately told that to do that was political interference, so they went ahead and did it and now they have abandoned it all because they were wrong.

Mrs Golding

  57. Can I come back to the efficiency savings? You say they are now more efficient than they were some years ago. Heaven help us, is all I have to say. I see they only started looking at their portfolio of property and looking at a framework to improve that in 1998. The BBC must have a lot of property which needs up-dating and to have only just started on that seems to be not very efficient. The other thing is that they say they have set targets to achieve a 20 per cent saving over five years from 1997-98 and were thrilled that they exceeded their target in 1997-98 and very hopeful they are going to exceed the target this year, and they hope to achieve even more savings of 18 per cent in the years up to 2003-04. How inefficient have you to be to make those kind of savings? You just said they are more efficient than they were some years ago but there must be something seriously wrong with an organisation like that, which can sit back and spend public money and be so inefficient that they actually want to do something and discover they could have done it a long time before. I feel so cross about this.
  (Mr Davies) I am sorry, Mrs Golding, I do not mean to belittle this issue at all. If you thought I was, I am not, in any sense. They have made efficiency savings over probably the last eight years, averaging roughly 8 per cent per annum. That does suggest that probably eight years ago they were rather inefficient. I think it is wrong to say that is axiomatic, because after all some of these efficiency savings are probably the application of new technology to broadcasting, or new methods. It is wrong to say to an organisation, "Because you have made efficiency savings that proves you are incompetent because you did not make them earlier." I suspect that is too harsh. But I do think it is fair to say that they were not commensurately efficient with the private sector eight years ago. The question is whether under the current Director-General they have made sufficient progress and I think they have made quite remarkable progress. Whether it is sufficient is a different matter, and it has to continue. But it is a much, much more efficient place now than the one you and I would have recognised from the beginning of the decade.
  (Lord Lipsey) If I could add a word about that, possibly also from a creative industry background because I worked in newspapers? When you try and make any savings in those kind of organisations, your journalists, your producers, and everybody, says it is a fundamental attack on their freedom as journalists or whatever to do their job. It is a very hard job. Although there is further to go in the BBC, I think John Birt has done a remarkable job actually in getting a bit of cost-mindedness into the organisation. I also just want to briefly link it with Miss Kirkbride's final question, because I think you as parliamentarians—and I suppose I am a surrogate parliamentarian too but you as proper parliamentarians—cannot be satisfied that the money is being spent right unless the National Audit Office can do its ex post facto look at whether they are spending the money right. You would not let any other bit of public money be spent without going through the Public Accounts Committee machinery after the event, and I do not think it should be any different with this.

  58. May I say that you mentioned earlier on the support services where they are making efficiency savings, but the other one which particularly annoyed me was purchasing and reviews of their purchasing effectiveness. Should they not have been doing that over the years anyway? It just seems what they have done is sit back, complacently and said, "We are going to have the money anyway, the Government will let us raise the licence fee so all we have to do is say these words and make these small savings from a vast inefficiency and everybody will say, `Right you can have the money'." I have to tell you that my constituents feel very strongly about the cost of the television licence and they cannot believe anybody could want even more money to run a service like that. However, can I say on sporting rights, yes, there is a high cost to be paid for sporting rights and, yes, we all understand that will be an additional cost to the BBC, but if you have to compete commercially for sporting rights why can you not compete commercially for money from advertising to pay for those sporting rights? It does not make sense to me that if you are in a commercial world, you have to say you exclude advertising.
  (Mr Davies) Because we feel at that point the BBC would simply cease to be a public broadcaster, and we feel that would be a change which would damage the whole broadcasting industry, including, and probably especially, ITV and probably also including Sky. The current licence fee income of the BBC of well over £2 billion a year is roughly the same as the total TV advertising in this country. If we were to try and finance the BBC through advertising, it would really have quite devastating effects on the rest of the industry.

  59. That is as may be, we are talking about the BBC taking money from ordinary people to finance it. The commercial world is something else and if they want to live in a commercial world, then we should cease to have the television licence and let the BBC go commercial if that is the attitude. However, could I raise a question of the role of the BBC and what they do with that licence fee money? I had a meeting with the police last week who were doing a big road safety drive in my area, they have been out and got a jingle made up and want to put it into broadcasting. They have been to the commercial broadcasters in my area but I said, "The BBC is a public service, they should do it for nothing for you", so they rang them and the BBC said to them, "No, we do not think that is our role at all, we do not think we do anything like that." Well, what is their role? Are they not supposed to help the police to save lives, which is funded by the taxpayer as well? Is that something which they are not supposed to do? Do they know what their role is? Or is it just to sit back and accept the money?
  (Mr Davies) I completely agree with you, Mrs Golding, that we as a nation will not feel comfortable in financing the BBC if we believe them to be inefficient, for the obvious reasons you give. I do not conclude from that that the BBC has to do everything which any constituent deems to be a public service and I do not conclude from that either that the licence fee has lost its basic broad public consent, which I think is still there for the licence fee system.


 
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