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Proposal for the House of Lords to set up a Communications Select Committee
As you suggested when we spoke last week, I am enclosing details of a proposal, which I'd be most grateful if you could put before the members of the Liaison Committee, that the House of Lords should establish a Communications Select Committee. The idea has arisen in light of the Communication industry's ever widening remit, rapidly growing economic and cultural importance to the United Kingdom, and not least because of the considerable expertise and experience of the industry that exists in this House.
As I explained, I wanted to test the amount of support that might exist amongst the 100 or so peers within that particular group before putting the suggestion formally to your Committee and, hopefully, for the idea to receive wider circulation and debate. So far I have had replies from over half of those to whom I wrote on 14th January, with the vast majority supporting both the proposal and its outlined remit. (I have, of course, been warned that resources for Select Committees are scarce, and that there may well be a queue of equally deserving suggestions ahead of this one!)
Enclosed is both a copy of the letter I wrote to each Peer [not printed], and the paper setting out a reasoned case for the establishment of a Communications Select Committee. Perhaps, however, I might mention that although the proposal is made now, I see the ideal time to set up such a Committee, if the idea should eventually be approved, might well be when the proposed Communications Bill (due to be debated in the Spring of this year) is finally on the statute book. Up to that point their Lordships' expertise will no doubt be fully occupied with that Bill's Pre-legislative Scrutiny Committee, and with the process of the legislation itself.
I obviously hope the suggestion will gain your Committee's approval, and if so, I should be most grateful for advice as to what further steps need to be taken.
5 February 2002
PROPOSED COMMUNICATIONS SELECT COMMITTEE
Reasons for Establishment:
1. Due to almost continuous technological innovation and change in the last 20 years, the whole business of communications is of increasing importance in all our lives, whether as citizens or consumers. Quite apart from its economic importance, we rely on it for information, entertainment and education. It helps mould our culture, our attitude and reaction to events, and we have a vital interest in its accuracy and impartiality - and thus in its ownership, management and control.
2. Moreover, the industry's contribution to the UK economy is considerable and growing at a faster rate than any other part of the economy. The Government White Paper on "A New Future for Communications" reported that UK creative industries generate revenue approaching £60 billion a year, contributing 4% to GDP, whilst the telecommunications industry generates revenues of £31 billion and contributes 2% to GDP.
3. As another example of the industry's importance, the power of the media to destroy reputation - where inaccurate or biased information is used - is arguably far greater than that of the Courts to protect them. Human Rights issues for individuals or organisations have, quite rightly, a higher profile since the European Convention of Human Rights became part of UK domestic law. A reformed House of Lords, with an even greater complement of independent peers, could play an increasingly important part in assessing and advising upon the impact of such changes. Moreover, even during the last five years, communication matters have been debated in the House on no less than 21 occasions - not including the time devoted to the current OFCOM Paving Bill.
4. These issues become all the more challenging with the spread of international and multimedia ownership. So too because of the overlap between UK controls - statutory, self-regulatory and common law - and those of the European Union; and in other countries from which communications to UK citizens and consumers may increasingly originate.
5. The House of Lords already contains peers with considerable experience of, and expertise in, the Communications Industry. (96 have had either career involvement in the sector or have listed communications as a 'special interest'.) A tacit acknowledgement of this expertise is the fact that at least the last two broadcasting Acts have been introduced in the Lords.
6. The creation of a Communications Select Committee, able to require attendance of appropriate witnesses, could have particular value in informing policy development in this area. As an example of this, with the OFCOM Act (and its sister Act, expected later this year), a Lords Select Committee could be especially useful - not least in the assessment, pre and post the BBC's Charter Review - of whether the BBC's particular relationship with OFCOM is working in the public interest.
7. The Government's emphasis (in 'The House of Lords, Completing the Reform') is on using the reinforced independence, expertise and experience of a reformed Second Chamber more effectively, but without duplicating or undermining the House of Commons' primacy. Whilst rejecting the setting up of a "... nexus of departmental select committees like those in the Commons ..." the Government sees "... the second chamber (as) better placed to examine cross-cutting issues." (P. 11 para 13 in Supporting Documents.) A Lords Select Committee of the kind here proposed, would be addressing exactly such cross-cutting issues as would fall outside the remit of any one Commons departmental select committee.
Proposed Communications Select Committee—Remit.
Possible areas of coverage suggested so far:
—All broadcasting media and telex: radio and television—terrestrial, cable and satellite.
All aspects of the Internet and telecommunications (including mobile telephones.)
Newspaper and periodical publishing.
Film and video.
Advertising.
Coverage to include ownership, licensing, control and management.
A relatively wide remit may be thought necessary, because of the rapidly developing cross ownership and interactivity—broadband etc—between all methods of communications.
As you know, I have had discussions with several senior members of the House, in addition to yourself, about the House's ability to make a useful contribution to the struggle against international terrorism.
Lord Gilbert: My Lords, I am grateful to the Liaison Committee for considering the proposal that I put to it. I am also grateful to the noble Lord the Chairman of Committees for the extremely courteous letter he wrote to me informing me of its decision.
Although no fewer than three committees in the House of Commons were briefed on this subject by the Prime Minister at the beginning of hostilities with elements in Afghanistan, not one of them is considering the whole range of issues that affect this country in terms of international terrorism. One of the committees is doing nothing about the subject whatever and the other two have on-going inquiries which touch only tangentially on the whole subject.
Is it not time that this House ceased to be inhibited by the fact that the other place may also be investigating certain subjects? There is a far higher degree of talent, intelligence and experience, particularly on these matters, in all parts of this House—it is not a matter for jest; it is extremely serious—than exists at the other end of the corridor. It is high time that we stood on our own two feet. We should not merely be saying, "Yes, we shall have a few crumbs which the other place is not looking at and examine that". I hope that the Liaison Committee will examine the matter—
It seems to me quite extraordinary, considering the vast amount of experience at the disposal of the House, with respect to matters involving defence, intelligence, internal and external security, and foreign affairs, that we should not have a single committee considering these matters. The other place, which cannot call on anything like the experience and knowledge available to our House, has no fewer than three committees, Home Affairs, Foreign Affairs and Defence, which have been briefed by the Prime Minister on these matters. The Committee on Intelligence and Security, which was also briefed by the Prime Minister, counts only one member from our House in its membership.
I would, therefore, be very grateful if you could invite the Liaison Committee, at its next meeting, to discuss the setting up of a Select Committee on, say, "Measures to Combat International Terrorism", or such other title as might seem appropriate to your committee, and endowing it with the wide terms of reference that it would clearly require.
I have also talked about this idea with various back bench members from all parties in our House, and have encountered no resistance to, but rather enthusiasm for, the proposition.
I would be very grateful for your kind attention to this suggestion.
14 February 2002
Lord Avebury: My Lords, I welcome the recommendation of the Liaison Committee that the whole question of religious offences and not merely the subject matter of the Religious Offences Bill should be referred to a Select Committee. This allows the Select Committee to take the broadest possible view, even though the Law Commission, when it examined the matter in 1985, included within its remit all religious offences then on the statute book. Those are the offences dealt with in my Bill. It may be that the Select Committee will wish to consider some new religious offences and its terms of reference will allow that if, in its wisdom, it so decides. I very much welcome the decision of the Liaison Committee and I look forward to its work.
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