COMMONS AMENDMENT (Hansard, 3 November 1975)

§ The LORD CHANCELLOR
My Lords, Amendment No. 15 is intended to enable the charter which is provided for in Clause 2 of the Bill to state its scope and application within the broad coverage of the Press. It is basically a technical Amendment, which is essential if we are to avoid creating considerable practical difficulties for those who are to make and draft the charter.
My Lords, the phrase, "Freedom of the Press", is an expression which can cover many different sectors—newspapers, magazines, books, and possibly even other media concerned with the dissemination of news and information. A charter drawn up by parties in the industry may not be appropriately applied to all those sectors, particularly if the sector was not represented among the parties who are to draw up the charter. The interests of daily newspapers are very different from those of specialist magazines. Therefore, the charter needs to state to what sector it applies, or possibly to state that it is making this provision for those sectors, and these Amendments enable this to be done.
Furthermore, it is by no means clear whether the term "freedom of the Press" covers broadcasting. Both the BBC and the IBA have statutory duties and 902 responsibilities which guard against improper pressures on the dissemination of news and opinion; at least, they ought to be so guarded. Anything said in the charter would be at least superflous and might also conflict with those statutory duties. The broadcasting authorities themselves are, therefore, anxious that the charter should not apply to them. The kinds of matter which it is envisaged that a code on Press freedom should cover relate principally to the rights of editors to perform an editorial function, selecting what to include in or exclude from a paper, free from improper pressures, whether from those who employ them or from those with whom they work. But translated into the context of the BBC's and the IBA's news and comment programmes, this emphasis becomes irrelevant. The BBC's and IBA's concerns are different. Their responsibility is to comply with the duties laid on them by, in the case of the BBC, its charter, and, in the case of the IBA, by Statute. The BBC's charter establishes as an object of the BBC the collection of news and information relating to current events in any part of the world and in any manner that may be thought fit. The Postmaster-General may, in addition, prescribe provisions to be observed by the BBC, and one of these prescriptions requires the BBC to refrain from expressing its own opinion on current affairs and matters of public policy. Furthermore, the BBC's policy of impartiality of reportage has been the subject of formal exchange of assurances between the BBC's Chairman and the Postmaster-General.
The policy to which the BBC is required to work is, therefore, already stated without need for a code. A code principally directed at editorial freedoms would be inappropriate. Newspapers are at liberty to editorialise on any subject they choose, whereas the broadcasting authorities are specifically prevented from doing so. No code or charter is needed to stress the BBC's duty to secure impartiality in reporting and refusal of censorship. This is already clearly established BBC policy, which is binding on the BBC.
The statutory duties of the IBA are equally clear and require no supplementation by any code. If your Lordships desire me to elaborate that proposition, I will be very happy to do 903 so. We are happy to accept, in view of the requirements that fall upon the BBC and IBA, their Chairmen's own assessment that broadcasting does not need further protection against improper influence, and that is one of our reasons for concern, which will be expressed in due course, about the Amendment of the noble Lord, Lord Goodman. The provisions in Amendment No. 15, which I am moving, would enable the charter to make clear that broadcasting is not to be covered, which we think is the right course. It would also enable the extent of the application of the charter to be clarified in the light of the relevance of its provisions to particular sectors of the Press. From both of these points of view, I submit that the Amendment is valuable. I beg to move that the House doth agree with the Commons in their Amendment No. 15.

§ Lord HAILSHAM of SAINT MARYLEBONE
My Lords, I do not want to speak at this stage, but I take it that the noble Lord, Lord Shepherd, or someone speaking on behalf of the Government, will be moving Amendment No. 15A, and that is the stage at which I wish to address the House.

§ Lord GOODMAN
My Lords, might I ask the noble and learned Lord whether he could tell us by whom the field of operation is to be defined.

§ The LORD CHANCELLOR
My Lords, it will be defined by those who will be preparing the charter. They are the master of it they will control it, they will determine it.

§ Lord GOODMAN
My Lords, is it really being suggested that the question whether or not broadcasting comes within the ambit of the charter will be the responsibility of those people negotiating the charter within the newspaper industry? If so, it seems to me an astonishing proposition.

§ The LORD CHANCELLOR
My Lords, the charter will be prepared by both sides of the industry. I am afraid I may not be getting the point which is in the wise head of the noble Lord, and if so I apologise.

§ Baroness GAITSKELL
My Lords, may I ask a question to settle the confusion that I am in at the moment? Which Amendment are we dealing with? I did not realise that Commons Amendment No. 15 was the Amendment of the noble Lord, Lord Goodman, which follows on.

§ The LORD CHANCELLOR
My Lords, I apologise for the fact that my speech was obviously lacking in clarity. I was moving Amendment No. 15, and if your Lordships will be good enough to look at the Marshalled List it is set out there. It provides that at the end of subsection (3), which will be seen in Amendment No. 10, there should be inserted: A charter agreed as mentioned in subsection (1) above, or prepared by the Secretary of State in accordance with subsection (3) above, shall define its field of operation.

§ Lord CARRINGTON
My Lords, I wonder whether at this juncture it might be wise to remind your Lordships that we are not in a Committee stage, and that the noble and learned Lord, though greatly provoked, has now made four speeches on this Amendment, and the noble Lord, Lord Goodman, has made two interventions. I think it would be wise if your Lordships kept to such Rules of Order as we have.

§ Lord SHEPHERD
My Lords, I must agree with the noble Lord, Lord Carrington, as I usually do on matters concerning the procedure of the House. I think that if my noble and learned friend will now move Amendment No. 15A we can then proceed with the general debate.