BBC Commercial Operations - Culture, Media and Sport Committee Contents


Examination of Witness (Questions 280-299)

LORD CARTER OF BARNES CBE

10 DECEMBER 2008

  Q280  Mr Evans: You could have a view, Stephen, about the generality of whether an assisted suicide should be shown on British television?

  Lord Carter of Barnes: I could, but I will not.

  Q281  Mr Evans: You are the Minister for Broadcasting, Stephen!

  Lord Carter of Barnes: Okay, I am the Minister for Broadcasting. On this particular incident, I have not yet seen the programme, so it is very difficult to comment conceptually on a programme which has not yet been broadcast.

  Mr Evans: But you could take a view on the generality as to whether an execution should be shown on television. You probably would.

  Mr Hall: Oh, Chairman -

  Mr Evans: No, no, this is the Minister for Broadcasting and this is an issue which has come up -

  Mr Hall: You have had the answer.

  Mr Evans: I do not want it off you, Mike, I am asking the Minister!

  Mr Hall: Well, you have got to listen to what he says. You are badgering!

  Mr Evans: That is what we are here for, is it not? This is accountability, Mike.

  Chairman: You can ask another question.

  Q282  Mr Evans: So tell me, you have not taken a view, as the Minister for Broadcasting, as to whether an assisted suicide should be shown on British television?

  Lord Carter of Barnes: I have not taken a view on that.

  Q283  Mr Evans: Would you be surprised if a number of people thought that that is rather surprising?

  Lord Carter of Barnes: I would not be at all surprised because I think it is a deeply personal and very evocative issue. Therefore, I can understand why. Broadcasting also, by its very nature, is an activity which reaches into everybody's household in a very intimate and personal way. It is one of the reasons why it is so highly regulated. But given that it is highly regulated, there is quite a lot of rules around what you can and cannot do. Therefore, if we find ourselves in a situation where a programme is about to be broadcast—and I have not seen it—I am almost 100% sure that the broadcaster in question will have been very, very careful to make sure that they are going through the necessary processes to observe the rules. So if we find ourselves in a situation whereby we are about to see the broadcast of something which many people will find, both philosophically and in principle, challenging but happening in a sector and an environment which is highly regulated, so it is not happening by accident or in an uncontrolled way, that would lead me to the conclusion that the particular programme is likely to be being done in a particularly sensitive manner, as opposed to in a gratuitous manner. But I do not know, because I have not seen it. Four years as a regulator have taught me one thing: you never make a comment on a programme until it has been broadcast.

  Q284  Mr Evans: I know that this has clearly been in the newspapers today and I am just wondering at what point, do you think, particularly with your knowledge as former Chief Executive of Ofcom, would it be appropriate for Ofcom, for instance, where this is hugely controversial and highly emotive, and would you expect Ofcom to ask to see a preview of that programme, or do you think that would be irregular?

  Lord Carter of Barnes: I think that would be highly inappropriate. I think one of the lessons we have learnt in relatively recent history about broadcasting regulation is that you should follow due process, and there are very clear processes around how complaints are handled. We have ceased having the Regulator as the publisher/broadcaster a long time ago and we have certainly ceased having the Government as the publisher/broadcaster an even longer time ago, and those are both very good things. If the programme gets broadcast and it breaches the rules—an investigation is done and it is judged to have breached the rules—then Ofcom has significant powers as the regulator to both penalise the offending broadcaster, the involved production company and make sure the rules are tightened. I have every confidence that the system will produce the right result if that is the case.

  Q285  Chairman: I have not seen the programme either, but I have talked to the broadcaster and I have every confidence that it is fully within the rules and I think actually possibly in the public interest, but that is a personal view. Can I ask you about your position? You have very close links to the Prime Minister, given your previous role. Do you have a sort of direct line to him, or do you answer through the Secretary of State for Culture, Media and Sport, or do you answer through the Secretary of State for Business, Enterprise and Regulatory Reform?

  Lord Carter of Barnes: I answer through both of those Secretaries of State and my reporting line is equally divided between the two of them.

  Q286  Chairman: Therefore, your appointment as a sort of Minister straddling the two Departments, is that not rather undermined if you then have to go back to each of the individual Secretaries of State?

  Lord Carter of Barnes: No, I do not think so. Certainly the evidence—and it is relatively recent evidence—is that both the relevant Secretaries of State were supportive of the fact of the appointment and the individual in the role, so I have not had anything other than support from the two Secretaries of State. Going back to the question earlier, I think there is an increasing number of overlapping areas, so having a Minister who has converged responsibilities does actually make an enormous amount of sense. It will be interesting to see, when we get to the point of recommendations and conclusions, whether that common consensus continues, but as it stands at the moment I think the dual departmental structure seems to work.

  Q287  Chairman: There are going to be issues where the two Departments take different views. You have said you have not encountered any. Actually, I think there are one or two areas where perhaps it is emerging. We may come on to, for instance, the whole question of the protection of intellectual property against illegal file sharing, where there appears to be a certain difference of view. Do you have a right of appeal over the heads to the Prime Minister?

  Lord Carter of Barnes: I am a Parliamentary Under-Secretary, Chairman!

  Q288  Chairman: You are a Parliamentary Under-Secretary but also the former Chief of Staff to the Prime Minister in Number 10 Downing Street and there are not many of those around!

  Lord Carter of Barnes: No, but people come and go through Number 10 Downing Street, as you yourself know, Chairman!

  Q289  Chairman: I do not have quite the direct link you have!

  Lord Carter of Barnes: So I would not put too much weight on that. Let us be clear. I think the Prime Minister was the driving force behind the idea of having a Communications, Technology and Broadcasting Minister. The Prime Minister commissioned the Report. I think the Prime Minister is passionately of the view that this is an increasingly important sector and shares the view that there is an opportunity for us, partly given where the economy is at the moment, to give it considerably more focus than it has had for a while. So it certainly comes with Prime Ministerial support, but I sit within two Departments and those Departments, as you and other colleagues around the table know, have very clear views about what the priorities for those Departments are, and rightly so.

  Q290  Chairman: You have set out your priorities in the Digital Britain Report, which is clearly the flagship. We have been here before. We had the Creative Economy Programme, launched in 1995. We then had the Creative Industries Task Force two years later. We then had the convergence think tank, which came a few years after that. Is not the Digital Britain Report just another in a long line of grand sounding initiatives which actually do not really ever amount to very much?

  Lord Carter of Barnes: I sincerely hope not. Perhaps cometh the time, cometh the Report, but I think it is a very legitimate question: are we suffering from a kind of review ennui? A charitable way of looking at where we are is that what has been happening over the last five or six years is that we have been going through extraordinary technology change and service development. That is true. We all sit around these tables now and have these discussions and there is a set of assumptions that we now take for granted which six or seven years ago we did not, and that is a relatively short period of time. So my sense is that most or all of those reviews are part of what has led to the tipping point of getting government focus on it and where we are, but I am sure this Committee will be the first—and rightly so—if this Report fizzles and dies—to be able to level that very legitimate criticism. But I hope not. Not least I hope not, because if we do not do it there will be plenty of other countries around the world that will do it.

  Q291  Mr Evans: Looking at broadband, Stephen, what is your view as to the roll-out and the speeds available throughout the country?

  Lord Carter of Barnes: My view is that we have been through a period in the last couple of years where we have broadly been quite happy with where we have got to. I think we were rightly, and you yourself were rightly critical of where we were way back at the beginning of the decade. That created a mixture of operational focus, access to capital, regulatory change, and that created quite a competitive market. I think there is a sense that we are now at another turning point. We have not yet got universal coverage, and in my view we should have it. The speed rates are variable and in some cases becoming progressively uncompetitive, and that is an issue, and the level of competition varies significantly depending upon where people are. Then there is the slightly more macro question about kind of next generation technologies. So my sense is that we are at another one of those points where we need to have another re-think and another re-look at how we are doing what we are doing and whether or not it is time for a fresh approach. That is my sense of where we are.

  Q292  Mr Evans: On the first one, coverage, not having universal coverage, I have certainly got pockets in my patch. Secondly, on the speeds at which it is being delivered, are we competitive with the rest of the world, particularly the countries we wish to compete with on IT stuff? Do you think there is any role for Government in trying to assist there?

  Lord Carter of Barnes: I think there is definitely a role for Government. Whether or not that means is there a role for Government to write a cheque is a different matter, but I think there is definitely a role for Government. We do not have a universal service obligation in this country, in fact we do not have a universal service obligation in Europe for broadband, so I think there is a real role for Government to take a view and an interest in this.

  Q293  Mr Evans: Yes, particularly in rural areas where we are trying to get people to live and work at home, and the one block to that in many cases is not having access to the fastest range of broadband available?

  Lord Carter of Barnes: I agree.

  Q294  Mr Evans: Do you think the recession is going to have any impact on this whatsoever?

  Lord Carter of Barnes: I think the recession is going to have an impact in many ways in this market, not least in the access to capital for large-scale fibre deployment. It is also going to make, I suspect, increased price competitiveness hard to maintain, so I think it is definitely going to have an impact. Having said that, I think it is also an opportunity in a funny sort of way because it is going to put increasing pressure on people and businesses to find ever more efficient ways of doing things and broadband is a fantastic enabler for that. So I think it will have an impact in both ways.

  Q295  Mr Evans: Looking at the infrastructure which is going to be necessary to deliver universal coverage and the speeds, you mentioned money. Do you think there is any role the Government should play in actually assisting in the delivery of that in certain key areas?

  Lord Carter of Barnes: Public authorities have already done that, as I am sure you know. The Scottish Government has done it. There have been certain local authorities who have done it. So it is not the case that there has been no public money which has participated in the process to date.

  Q296  Mr Evans: I remember a former Prime Minister actually talking about Africa, trying to ensure that money was invested in Africa to give them broadband coverage as well, so there is a precedent, but I am just wondering what you think the hold up is to doing exactly the same thing in England?

  Lord Carter of Barnes: I think it is only relatively recently that we have put our shoulder against the door marked "Universal service of broadband" and it is not immediately evident to me that we necessarily require public money to do it. If we do require public money to do it, is that off the table? I do not see that it necessarily should be, but I do not think we need to start from the premise that the only solution is public money. I do not think so.

  Q297  Chairman: Can I turn to another of the challenges sitting on your desk, the radio industry, particularly the future of digital radio and very closely related to it the problems which commercial radio is now going through? To what extent do you think there may need to be intervention to help commercial radio survive?

  Lord Carter of Barnes: To help commercial radio survive, or commercial radio survive in digital?

  Q298  Chairman: Both.

  Lord Carter of Barnes: Well, radio and commercial radio is a highly regulated sector. It is probably on any objective measure one of the most regulated sectors of all of the communication sectors. I suspect that is going to have to change because the economics of it are both in absolute terms small and, secondarily, facing real challenges because the amount of advertising revenue to broadcast media generally is going down and to radio is going down at an accelerated rate because it is a lower priced medium in the first place. So I suspect we are going to have to take a fresh look at the regulation of the sector. As it relates to digital radio, that is a multi-layered question really because I suspect there is a number of colleagues sitting around this table who have mobile phones on which they can listen to radio. I suspect there is a number of colleagues sitting around the table who have digital satellite at home or Freeview where they listen to radio. I am sure some colleagues around the table listen to the radio on their laptops. So there are multiple forms of digital radio. The digital radio which most people refer to is digital audio broadcasting. Could you have digital radio without digital audio broadcasting? Yes, you could, but do we want to have a dedicated digital broadcast network for radio? Well, I think we do and up until now the policy decisions have said that we do and we are again at a point whereby if we do I think we need to push it along a bit, or else I think technology will drive faster.

  Q299  Chairman: Push it along?

  Lord Carter of Barnes: Improve its coverage.


 
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