Vote Bundle Text (930221-02)

Amendments proposed to the Communications Bill, As Amended - continued	House of Commons

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The public service remit for radio

John Robertson [R]
Mr Parmjit Dhanda

NC14

*To move the following Clause:—

'It shall be the duty of OFCOM to fulfil the purposes of public service radio broadcasting in the United Kingdom by ensuring that musical activity, including live performance, and its diversity are reflected, supported and stimulated by the representation in those services.'.

Broadcasting public interest considerations

Mr Andrew Lansley

NC15

*To move the following Clause:—

'(1) Section 58 of the Enterprise Act (c. 40) (specified considerations) shall be amended as follows.

(1) After subsection (2) there shall be inserted—

"(2A) The need for—

(a)	accurate and impartial presentation of news and factual content in television and radio programming; and

(b)	free expression of opinion in broadcast television and radio services

is specified in this section.

(2B) The need for, to the extent that it is reasonable and practicable, a plurality of views in broadcasting television and radio services in each market for broadcast services in the United Kingdom, or a substantial part of the United Kingdom, is specified in this section.'.

Adaptation of role of OFT in initial investigations and reports

Mr Andrew Lansley

NC16

*To move the following Clause:—

'(1) In section 44(3)(b) of the Enterprise Act 2002 (c. 40), after the word 'concerned', there shall be inserted '(other than a broadcasting public interest consideration).

(2) After section 44(5) of that Act there shall be inserted—

"(5A)

The report may, in particular, contain a summary of any representations about the case which have been received by the OFT and which relate to any broadcasting public interest consideration mentioned in the intervention notice concerned and which is or may be relevant to the Secretary of State's decision as to whether to make a reference under section 45."

(3) After section 44(7) of that Act there shall be inserted—

"(8) In this Part 'broadcasting public interest consideration' means any consideration which, at the time of the giving of the intervention notice concerned—

(a)	is specified in section 58(2A) or (2B); or

(b)	in the opinion of the Secretary of State, is concerned with broadcasting and ought to be specified in section 58.".'.

Additional investigation and report by OFCOM: broadcasting mergers

Mr Andrew Lansley

NC17

*To move the following Clause:—

'After section 44 of the Enterprise Act 2002 (investigation and report by OFT in public interest cases) there shall be inserted—

(a)	the Secretary of State has given an intervention notice in relation to a relevant merger situation; and

(b)	the intervention notice mentions any broadcasting public interest consideration.

(3) The report shall contain—

(a)	advice and recommendations on any broadcasting public interest consideration mentioned in the intervention notice concerned and which is or may be relevant to the Secretary of State's decision as to whether to make a reference under section 45; and

(b)	a summary of any representations about the case which have been received by OFCOM and which relate to any such consideration.

Enforcement powers in relation to broadcasting mergers

Mr Andrew Lansley

NC18

*To move the following Clause—

In Schedule 8 to the Enterprise Act 2002 (provision that may be contained in certain enforcement orders) after paragraph 20 there shall be inserted—

"Broadcasting mergers

20A (1) This paragraph applies in relation to any order—

(a)	which is to be made following the giving of—

(i)	an intervention notice which mentions a broadcasting public interest consideration; or

(ii)	a special intervention notice which mentions a consideration specified in section 58(2A) or (2B); and

(b)	to which consideration concerned is still relevant.

(2) The order may make such provision as the person making the order considers to be appropriate in all circumstances of the case.

(3) Such provision may, in particular, include provision requiring a person to do, or not to do, particular things.

(4) Provision made by virtue of this paragraph may, in particular, include provision—

(a)	altering the constitution of a body corporate (whether in connection with the appointment of directors, the establishment of an editorial board or otherwise);

(b)	requiring the agreement of the relevant authority or another person before the taking of particular action (including the appointment or dismissal of an editor, journalists or directors or acting as a shadow director);

(c)	attaching conditions to the operation of a broadcasting;

(d)	prohibiting consultation or co-operation between subsidiaries.

(5) This paragraph is without prejudice to the operation of the other paragraphs of this Schedule in relation to the order concerned".".

Mr Andrew Lansley

199

*Page 171, line 22 [Clause 193], at end insert—

'( ) the BBC Charter;'.

Pete Wishart

211

*Page 178, line 30 [Clause 203], at end insert—

'(d)	the holding of licences to provide a service of Gaelic television and sound programmes so as to be available to persons in Scotland and elsewhere.'.

Pete Wishart

212

*Page 178, line 38 [Clause 203], at end insert—

'(4C) For the purpose of enabling the Service to carry out its functions, it shall be the duty of each of the persons mentioned in subsection (4D) to provide the Service, free of charge (including any charge arising from royalty payments), with at least 52 hours of new Gaelic programmes per year, with material from their archives, and, in the case of the BBC, with no less than 30 hours of new Gaelic radio programmes per week.

(4D) The persons referred to in subsection (4C) are—

(a)

the BBC,

(b)	any holder of a Channel 3 licence to provide a regional Channel 3 service for reception wholly in Scotland, and

(c)	such other persons providing television broadcasting services as may be specified by order by the Secretary of State.'.

Pete Wishart

213

*Page 179, line 16 [Clause 203], at end insert—

(5) The level of the Gaelic Television Fund shall be linked to the retail prices index.'.

Mr John Whittingdale
Mr John Greenway
Mr Mark Hoban

183

*Page 181, line 10 [Clause 206], at end insert—

'(c) services that are provided by BBC Worldwide.'.

Nick Harvey
Mr Richard Allan

186

*Page 185, line 23 [Clause 211], at end insert—

'(e) original and new music composition and performance.'.

Mr Andrew Lansley

200

*Page 198, line 10 [Clause 225], leave out from 'section' to end of line 12.

Mr Andrew Lansley

201

*Page 198, line 15 [Clause 225], at end insert—

'(2A) If the report does not contain a recommendation by OFCOM for the making of an order under this section, the Secretary of State may require OFCOM to prepare a supplementary report in the light of any considerations which the Secretary of State considers relevant.

(2B) A supplementary report submitted to the Secretary of State by OFCOM under subsection (3A) may include such recommendations (if any) which OFCOM consider, in the light of the opinion set out in the supplementary report, should be made to the Secretary of State for the exercise by him of—

(a)	his powers under this section; or

(b)	any of these powers to make statutory instruments that are conferred on him by Chapter 4 of this Part.'.

Secretary Tessa Jowell
Ms Secretary Hewitt

116

*Page 200 [Clause 227], leave out line 35.

Secretary Tessa Jowell
Ms Secretary Hewitt

117

*Page 200, line 37 [Clause 227], leave out 'primarily'.

Secretary Tessa Jowell
Ms Secretary Hewitt

118

*Page 200, line 40 [Clause 227], leave out '(with or without relevant ancillary services)'.

Secretary Tessa Jowell
Ms Secretary Hewitt

119

*Page 200, line 41 [Clause 227], at end insert—

'(2A) Where—

(a)	a service consisting of television programmes, an electronic programme guide or both ("the main service") is provided by a person as a service to be made available for reception by members of the public, and

(b)	that person provides the main service with other services or facilities that are ancillary to, or otherwise relate to, the main service and are also provided so as to be so available or in order to make a service so available,

subsection (1) has effect as if the main service and such of the other services or facilities as are relevant ancillary services and are not two-way services constituted a single service falling within subsection (2).

(2B) Where a person providing the main service provides it with a facility giving access to another service, the other service shall also be taken for the purposes of this section as provided by that person with the main service only if what is comprised in the other service is something over which that person has general control.

(2C) A service is a two-way service for the purposes of this section if it is provided by means of an electronic communications network and an essential feature of the service is that the purposes for which it is provided involve the use of that network, or a part of it, both—

(a)	for the transmission of visual images or sounds (or both) by the person providing the service to users of the service; and

(b)	for the transmission of visual images or sounds (or both) by those users for reception by the person providing the service or by other users of the service.'.