HL Deb 17 October 1991 vol 531 cc1222-4

3.26 p.m.

Lord Orr-Ewing asked Her Majesty's Government:

How many complaints the Independent Television Commission has received this year concerning breaches of the programme code; and whether they are being dealt with under the Broadcasting Act 1981, given that the Broadcasting Act 1990 codes will not take effect until January 1993.

The Minister of State, Home Office (Earl Ferrers)

My Lords, between 1st January 1991 and 30th September 1991, the Independent Television Commission received 1,210 complaints. Other than for licensed services, complaints are dealt with under Schedule 11 to the 1990 Act which continues the provisions of the 1981 Act until January 1993.

Lord Orr-Ewing

My Lords, I thank my noble friend for that reply. Is he aware that, despite the fact that m e spent 41 parliamentary days discussing the Broadcasting Act and that seven senior Ministers in both Houses took part in those debates, we never took on board the message that the main Section 6, which slight] y tightened the regulations, would not come into effect until two years after our debates—not until 1993? Is he further aware that we have also been considering what can be done when there are transgressions? Earlier this year some friends and I tried to obtain a judicial review under the 1981 Act. We were told that the phrasing of the Act was not firm enough for us to have any chance of success. If the judicial reviews sought by a number of programme companies which are dissatisfied with the results of yesterday's allocation of licences take place, would they take place under the 1981 Act or under the 1990 Act?

Earl Ferrers

My Lords, my noble friend has always entertained a modest incapacity to understand the position. I am sure that that is my fault, because I have tried to tell him what the position is. That was so when the Bill went through Parliament. In the past the programme makers were contractors to the Independent Broadcasting Authority. They are now contractors to the Independent Television Commission. Until now they were responsible under the 1981 Act. When the principle changes in 1993 those companies will be licensees and they will be controlled under the provisions of the 1990 Act. At the moment the provisions of the 1981 Act are continued through in the 1990 Act, under Schedule 11. The answer to the last part of my noble friend's question is, the 1990 Act.

Lord Morris of Castle Morris

My Lords, is it not a fact that after 1992 there will be no change whatever in the requirements laid on Channel 3, Channel 4 and DBS broadcasters? The change will be as regards how those requirements are policed. That will be a matter purely for the ITC. Can the noble Earl tell the House whether the ITC has ever made representations to his department to the effect that it either needed or wanted additional powers to police complaints concerning breaches of the programme code?

Earl Ferrers

My Lords, there will be additional matters put upon television companies in 1993. There are different codes of practice which will then operate. But the ITC has all the powers necessary to enable it to carry out its job in 1993 and now.

Lord Renton

My Lords, why does there have to be this long delay until January 1993 for bringing these codes into operation? Is there no hope of the matter being expedited?

Earl Ferrers

My Lords, the reason there is a delay is because when the principle was changed, to the effect that in 1993 companies would no longer he contractors but would be licensees, it was then decided that there would be a new regime which would operate as from 1993 which would include these new codes of practice. Until that time, those who broadcast now are in exactly the same position as they were before the 1990 Act. The provisions under which they were controlled are those contained in the 1981 Act and, as I explained, those provisions have been carried through to the 1990 Act.

My noble friend asked whether it would be possible to expedite the matter. The answer is that any new legislation could not be brought into effect before the summer of 1992. That would be only six months before the new codes come into operation.

Lord Allen of Abbeydale

My Lords, this is the second occasion this week when we have run out of time on the fourth Question. Would it be possible for the noble Lord the Leader of the House to invite the Procedure Committee to consider whether the timetable arrangements are working satisfactorily?

The Lord Privy Seal (Lord Waddington)

My Lords, I am not sure that it is really appropriate for me to answer that question now. However, I shall certainly consider what the noble Lord said.

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