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Tessa Jowell: I shall respond briefly to the points that have been made. I expect that we shall publish proposals on how we intend to approach the charter review before Christmas. The process will be wide-ranging and thorough and I hope that it will provide an opportunity for wide-ranging debate so that the public and all those with an interest in the BBC's future may express their view.
Mr. Lansley: I neglected to mention a point to which the Secretary of State might wish to respond. The Bill suggests that Ofcom will undertake its first review of public service broadcasting probably during the latter part of next year. How does she think that the review will relate to consultation on the BBC charter? Could we reasonably expect that formal consultation on the charter would follow Ofcom's first such review?
Tessa Jowell: It is important to distinguish between the formal and informal process. Of course, a formal process will allow parliamentary scrutiny of early proposals on the charter. The Bill provides for the review of public service broadcasting to be held within a time scale that allows it to inform the charter review process, which is what we intend. We need to get the sequence right, so I can tell the hon. Gentleman that we intend to announce the way in which we aim to approach the process before the end of the year. The first stage is to secure legislation to enable Ofcom to undertake the wide-ranging review of public service broadcasting at an appropriate time. As I said, the review will be an important source of information that
may be fed into the charter review process. I promise the House that there will be plenty of opportunities to discuss the methodology and approach of the charter review in addition to the content of the review itself.I pay tribute to Lord Sharman for his deft and skilful negotiations in another place. The solution that found considerable favour in another place to the vexed question of NAO access to the BBC accounts has taken us to a good position to which we will return at the time of charter review. I have made that position clear throughout the process.
Lords amendments Nos. 6 to 10 agreed to.
Tessa Jowell: I beg to move, That this House agrees with the Lords in the said amendment.
Madam Deputy Speaker: With this it will be convenient to consider Lords amendments Nos. 17 and 18, Lords amendment No. 42, and the Government motion to disagree thereto and Government amendment (a) in lieu thereof, Lords amendment No. 72 and consequential amendments (a) to (e), and Lords amendments Nos. 73 to 93, 119 to 126 and 206.
Tessa Jowell: The amendments, although not directly related, have been grouped together because they deal with a wide range of disability, equal opportunity and training issues. They include placing a new duty on Ofcom to promote equipment that is convenient for use by the widest practical range of users, including people with disabilities. Ofcom will also be required to establish and maintain a committee to advise on the interests of disabled people and of elderly people across its remit.
The reference to the "fair treatment" of disabled people has been replaced with a reference to "equalisation of opportunities", which is the preferred term in recent disability legislation. Lords amendment No. 42 was introduced to require Ofcom to include conditions in the public Teletext licence to ensure that people with sight and/or hearing disabilities can use the service for all the same purposes as people without such disabilities. Though we agree with the spirit of the amendment, we had to address some technical difficulties with the drafting and the placement of the amendment. So we drafted a new amendment in lieu of Lords amendment No. 42, which will be inserted in the correct place.
Lords amendment No. 72 requires Ofcom's code on provisions for the deaf and visually impaired to give guidance on the extent to which applicable services should promote the understanding and enjoyment of programmes by people with a dual sensory impairment. Amendments (a) to (e) are minor consequential amendments. They provide that consultation on the code, and accessibility to it, applies to people who have a dual sensory impairment.
Ofcom will have a duty to include in its code on access to television for people with sensory impairments a requirement that broadcasters make adequate information about the assistance that is available to those who are likely to want to make use of it. In addition, a fixed five-year interim target of 60 per cent.
for subtitling has been introduced to ensure that progress towards meeting the main target by the 10th anniversary is accelerated in the early years, with the Secretary of State able to set, by order, a more challenging target where appropriate.Amendments have been tabled to close a loophole that related to the provision for thresholds in clause 330, below which the requirements for equal opportunities and training would not apply.
Mr. Whittingdale: We spent considerable time in this House and the other place ensuring that the Bill properly caters for the needs of those with hearing or sight disabilities. The Opposition pressed that on a number of different occasions and it is gratifying to find, once again, that one of the things of which we were keen to persuade the Government has been taken up in a Lords amendment. My hon. Friend the Member for Ryedale (Mr. Greenway) asked in Committee for a new clause to give a duty to promote inclusive design. That has resurfaced in a similar form to encourage the wide availability of accessible, easy-to-use equipment. The issue is important. The disability groups feel strongly that the measure is necessary. I am all in favour of giving Ofcom the duty to encourage equipment to be as accessible as possible to people who are deaf or visually impaired and, equally, to ensure that their needs are properly taken into account by the establishment of the panel.
I have a couple of slight concerns. There is always a balance to be struck between ensuring that the broadcasters pay due heed to the needs of people with disabilities while not loading them with too great a burden. There is a requirement that all cable and satellite channels subtitle 80 per cent. of their programmes within 10 years of the legislation coming into force. That target was agreed in discussions with the industry and the disability groups. All the broadcasters have signed up to it.
The Government have gone further, however, by imposing a new interim target of 60 per cent. subtitling for all programming after five years. That front loads the demand on the broadcaster to move towards greater subtitling so that they have to achieve more than 50 per cent. of the target within five years rather than 10. The full target of 80 per cent. subtitling could cost nearly £900,000 per channel annually. I am not going to disagree with the amendment, but I hope that the Government will bear in mind that the target is demanding and will have considerable cost implications. For many broadcasters, £900,000 is an easily affordable sum, but small struggling niche channels will find it hard to meet that cost.
I am also concerned that amendment No. 88 provides that if a channel has voluntarily fulfilled its 60 per cent. interim subtitling requirement before the five-year deadline, the interim requirement can be increased by the Secretary of State. That would give those who have acted in a thoroughly commendable fashion by reaching their target early an even more demanding target to meet on top. That could act as a disincentive to channels
to reach the target of 60 per cent. before the five years have expired. Apart from those points, however, I do not disagree with the amendments.
John Robertson: I want the Secretary of State to assure me that the needs of disabled persons working in the telecommunications industry will be addressed. The Bill mentions broadcasters, but does not mention telecommunications. I raised that in Committee. When Lord Gordon tried to amend the Bill, he said:
Tessa Jowell: The hon. Member for Maldon and East Chelmsford (Mr. Whittingdale) is right: we are front loading the cost of subtitling. I hope that I have made clear our reasons for that. Other hon. Members on both sides of the House and in another place have certainly made the reasons clear. The cost of subtitling is decreasing all the time. That is why we have acted as we have. It is also worth noting that Ofcom has the power to exempt services, taking into account the cost if that is properly justified.
In response to the point raised by my hon. Friend the Member for Glasgow, Anniesland (John Robertson), the Government are constrained by legislation. I remind him that last week we published the White Paper on skills, the focus of which is to ensure not only that our industries maximise productivity through a trained and skilled work force, but that we draw from the widest range of people across the community in developing access to skills and training. I attended an event earlier today at which Barbara Cassani, the chair of the London Olympic bid committee, forcefully made the point that diversity in recruiting for the Olympics is important because in that way we recruit the best. The same applies to telecoms and broadcasters in recruiting from the range of talent, which obviously also includes people with disabilities.
Lords amendment No. 12 agreed to.
It being half-past Seven o'clock, Madam Deputy Speaker put forthwith the Questions necessary to dispose of the business to be concluded at that hour, pursuant to Order [this day].
Lords amendments Nos. 3 to 38 agreed to.
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