Photo of John WhittingdaleJohn Whittingdale Conservative, Maldon

I commend the Government on the organisation of last week’s excellent global media freedom conference, but does the Minister agree that the UK needs to do a lot more to improve on our present ranking of 33 in the world press freedom index? Does he also recognise that the concerns expressed by my right hon. Friend Mr Davis make that harder to achieve and that these concerns risk being exploited by other countries who do not protect media freedom and are only too keen to lock up journalists?

 

Photo of Nick HurdNick Hurd The Minister of State, Home Department

I accept all that, coming from the authority of a highly distinguished former Secretary of State. I am entirely sincere, as are my colleagues, in taking this opportunity to reassert the importance of the freedom of the press and the protection of media freedoms, but we cannot in that process allow any sense that there is a blanket protection for legitimate investigation simply because of someone’s chosen profession. The processes need to be robust and open to criticism and debate, but the primacy of the free press and freedom of expression in this country is absolutely central to our democratic processes.

Photo of John WhittingdaleJohn Whittingdale Conservative, Maldon

Given the welcome, strong statements by the European Council about Russia’s behaviour, does the Prime Minister share my concern about Russia’s possible readmission to full voting membership of the Council of Europe? Does she agree that it sends entirely the wrong message, coming just days after the filing of charges against Russian military officers for the downing of MH17, and when Russia remains in illegal occupation of Crimea?

 

Photo of Theresa MayTheresa May The Prime Minister, Leader of the Conservative Party

My right hon. Friend has spoken up on the illegal annexation of Crimea on a number of occasions. We do not and will never recognise Russia’s illegal annexation of Crimea. As my right hon. Friend will be aware, there has been this difference in Russia’s position in the Council of Europe. Russia has not been paying its contributions to the Council of Europe, but its membership of that body is one of the few ways available to the international community to hold Russia to account for its human rights violations.

Photo of John WhittingdaleJohn Whittingdale Conservative, Maldon

Is my right hon. and learned Friend aware that this is not the first time that a DCMS measure has had to be reintroduced because of a failure to notify the EU Commission? I hope that that problem will soon be removed, but while it exists, will he use this extra time to ensure that we get the measure right? There are still concerns on the grounds of freedom of speech and privacy, and about the ease with which measures can be circumvented through the use of virtual private networks. Will he raise similar concerns with the Information Commissioner to ensure that the age appropriate design code is right? It is much more important that it is properly designed than that it is rushed into place.

 

Photo of Jeremy WrightJeremy Wright The Secretary of State for Digital, Culture, Media and Sport

I suspect that my right hon. Friend knows from experience that this is not the first time that such a thing has happened, but I am doing my level best to ensure it is the last. It is important that we have new mechanisms to ensure that such oversights are not repeated, and that is exactly what I am doing at the moment. He is correct that we should use the time we now have to get this right and to work through some of the additional challenges that I described a moment ago—we will do that. It is important that we understand these technological changes and, if I may say so, that validates our approach in the online harms White Paper, which was not to be prescriptive about technology, but to ensure that we adapt our systems as technology moves. We will seek to do the same on this point.

My right hon. Friend mentioned the age appropriate design code which, as he rightly says, is produced by the Information Commissioner, not the Government. He is right that it is important that we do not to rush this and that the Information Commissioner takes full account of the responses to the consultation. Having spoken to the Information Commissioner, I know that she will take full account of all the comments before taking the matter any further.

Photo of John WhittingdaleJohn Whittingdale Conservative, Maldon

Is my hon. Friend aware that online piracy of video and music content is still doing considerable damage to our creative industries? In particular, beoutQ, based in Saudi Arabia, is stealing content from a wide range of UK rights holders. Will he see what further measures can be taken to tackle this problem? Will he consider including economic harms in the scope of the measures set out in the Government’s Online Harms White Paper?

 

Photo of Chris SkidmoreChris SkidmoreVice-Chair, Conservative Party, Minister of State (Department for Business, Energy and Industrial Strategy) (Universities and Science) (Joint with the Department for Education)

Online piracy of any content is a key concern for the Government. We are aware of the specific issues with beoutQ and raised the matter with the Saudi Arabian Government. We will continue to make representations about its alleged infringement of UK creative content and support efforts to tackle piracy, wherever it occurs. However, the White Paper is to have a targeted approach that focuses on harms to individuals; it is not about economic harm to businesses.

Photo of John WhittingdaleJohn Whittingdale Conservative, Maldon

Does my right hon. Friend agree that the separation of powers is an important element of our constitution, and that as a general rule the involvement of the courts in matters of political argument or debate may threaten that principle and create a dangerous precedent?

 

Photo of David GaukeDavid Gauke The Lord Chancellor and Secretary of State for Justice 

This country has a robust tradition of political free speech, and the electorate can and should hold politicians to account. We also have a robust tradition of the courts being capable of determining whether a case is meritorious or unmeritorious.

Photo of John WhittingdaleJohn Whittingdale Conservative, Maldon  2:46 pm, 8th May 2019 

I am grateful for the opportunity to speak in this debate. As the Minister pointed out, I was the Secretary of State at the time when the licence fee settlement was agreed with the BBC, so I would like to set out some of the reasons why those decisions were reached.

As the Opposition spokesman said, the concessionary TV licence for over-75s is not a fundamental pillar of the welfare state—it was actually introduced by the previous Labour Government. It was introduced to address an anomaly that elderly people living in sheltered housing did not have to pay the full licence fee whereas others did. However, the Labour Government did not introduce free TV licences for all pensioners, on the basis that it was far too expensive to do so—they restricted it to those aged over 75 at a cost, at that time, of £365 million. It is important to realise that that money was not removed from the BBC—it was given to the BBC by the Department for Work and Pensions. It has always been the case, since then, that the cost of exemption from the TV licence is met out of the Government’s budget. The cost to the Government of doing so has risen steadily, so that by last year it had already reached £660 million.

I had the task of negotiating both the new BBC charter and the licence fee settlement. Personally, I would have much preferred that the licence fee had been included within the charter negotiations, since the licence fee settlement, to some extent, pre-empted decisions that we took as a result of the charter review process. However, as the Minister rightly pointed out, we were in very difficult financial circumstances thanks to the profligacy of the previous Labour Government, and we had to take a lot of very difficult decisions. The then Chancellor was clear that we should seek to achieve savings from the BBC, as a publicly owned institution funded by the Government, in the same way that all other public institutions were being asked to find savings. So we agreed with the BBC that it would take over the cost of funding the licence fee concession. However, we were also clear that we had given a pledge that the concession would be maintained until 2020, and therefore the agreement with the BBC was that it would take it over in 2020.

I have to say to the House that the negotiations with the BBC over that were indeed robust. I remember sitting down with the then Prime MinisterDavid Cameron, with George Osborne and with Lord Hall, the director-general of the BBC, and we had some good discussions in which Lord Hall argued forcibly that this would have a detrimental impact on the BBC. Therefore, in recognition of that, we also included, as part of the licence fee settlement, agreement to address some of the things the BBC raised as its principal concerns. One was the freeze in the licence fee. The licence fee had not gone up at all for a number of years, and therefore the BBC was looking at a real-terms reduction every year. We agreed that the licence fee should be unfrozen. Secondly, a growing number of people were avoiding paying the licence fee by watching the BBC on catch-up, through the iPlayer. Under the law as it then stood, if someone watched the BBC a mere two minutes after the live transmission, they did not have to pay the licence fee. The licence fee was therefore extended to close what was called the iPlayer loophole.

Photo of Bim AfolamiBim Afolami Conservative, Hitchin and Harpenden

Does my right hon. Friend agree with the director-general of the BBC, Lord Hall, that the funding arrangements put in place with the BBC by my right hon. Friend and the previous Prime MinisterDavid Cameron, represented a fair deal?

Photo of John WhittingdaleJohn Whittingdale Conservative, Maldon

I am extremely grateful to my hon. Friend, because he allows me to quote the director-general. As I say, our negotiations were robust, but we emerged from them with the director-general issuing a public statement saying that it was

“the right deal… in difficult economic circumstances”.

He went on to say:

“Far from being a cut, the way this financial settlement is shaped gives us, effectively, flat licence fee income across the first five years of the next charter.”

Photo of Ed VaizeyEd Vaizey Conservative, Wantage

I do not know whether my right hon. Friend will mention this part of the licence fee deal, but it is worth making the point that the last Labour Governmentimposed on the licence fee a levy to fund broadband roll-out, and because of the success of the broadband roll-out under our Government, we removed that levy from the BBC. While there was a stick with free TV licences, there were carrots with the removal some of the subsidies the last Government had asked the BBC to provide.

Photo of John WhittingdaleJohn Whittingdale Conservative, Maldon

I am grateful to my right hon. Friend, who was also a key player at that time as a Minister in the Department. He is absolutely right. I mentioned two of the BBC’s requests at the time—the unfreezing of the licence fee and the closure of the loophole—but he is correct to point out that the BBC had always been unhappy about the top-slicing of the licence fee to fund broadband, which it saw as far removed from the purpose of the licence fee. That was another agreement we reached with the BBC, which I think was why the BBC felt that it was a fair and proper settlement.

Photo of Pat McFaddenPat McFadden Labour, Wolverhampton South East

The right hon. Gentleman is implying that the BBC was happy with all this at the time, but in the press statement announcing the consultation, the BBC said:

The BBC could copy the scheme… but we think it would fundamentally change the BBC because of the scale of service cuts we would need to make.”

That is not the statement of an organisation that thinks it can easily absorb this.

Photo of John WhittingdaleJohn Whittingdale Conservative, Maldon

The agreement with the BBC was that it would have responsibility for maintaining or amending the licence fee concession. The right hon. Gentleman quoted the BBC’s view about the cost of maintaining the concession as it stands, and that view is understandable, since the cost next year will be £745 million, rising to £1.06 billion by 2029-30. I am not at all surprised that Tom Watson was unable to give any commitment that a future Labour Governmentwould maintain the concession at the cost of the taxpayer, since that would be a £1 billion public expenditure pledge.

In recognition of that, the BBC has put forward three different options. It has talked about continuation, which, as Mr McFadden said, it feels is not realistic, as that would amount to the current cost of BBC 2BBC 3BBC 4, the news channel, CBBC and CBeebies all put together. It has also suggested some amendment to the concession, or discontinuing it altogether. Each of the three possible amendments to the licence fee concession that the BBC has suggested has some attraction. It has talked about raising the age limit to 77 or 80, which to some extent would reflect the ageing population and maintain roughly the same proportion. A second possibility is to introduce a discounted fee, so that people over 75 would not have to pay the full cost.

Photo of Vicky FordVicky Ford Conservative, Chelmsford

My right hon. Friend, who is an excellent neighbour, is making an excellent speech. Many of my constituents who are over 75 have emailed me to say that they want to continue to watch the TV with a free licence, but they are not necessarily also watching the BBC on multiple other devices, as many younger people are. Can my right hon. Friend see a case for older members of the public still being able to watch the BBC via a single device, while younger people watch on multiple devices? Would that sort of system work?

Photo of Rosie WintertonRosie Winterton Deputy Speaker (Second Deputy Chairman of Ways and Means)

Order. I reiterate that there is pressure on time, and interventions need to be short.

Photo of John WhittingdaleJohn Whittingdale Conservative, Maldon

I will of course take account of your guidance, Madam Deputy Speaker, but my hon. Friend raises an interesting point, which I want to touch on as I conclude my remarks.

The third possible amendment would be to limit the concession to those in receipt of pension credit. That would address many of the concerns expressed by Opposition Members about those on very low incomes finding it hard to afford and would introduce an element of targeting, to ensure that those who will struggle to afford the television licence do not have to do so.

There is another change that I ask the BBC to consider, which is not included in its options. At the moment, households are entitled to a free television licence if a member of the household is over 75. It is ridiculous that a household might have four adults of working age who are all bringing in an income, but because they happen to have their grandmother living with them, they do not have to pay for a television licence. I ask the BBC to consider a simple change, to restrict the concession to households that only consist of people aged over 75.

I want to end by saying that this raises fundamental questions about the future of the licence fee. Viewing habits are changing, as my hon. Friend Vicky Fordindicated. Evasion of the TV licence is rising. It has gone up from 5.2% in 2010 to an estimated 7% now, with the advent of new services such as Netflix and Amazon, and soon possibly Apple and Disney. The old argument that every household needs to pay the licence fee because everybody watches the BBC is, I am afraid, beginning to break down, and we are reaching a position where many households watch the huge range of programmes available and never turn to the BBC.

That is why I have always believed that, in the long term, the licence fee is not sustainable. We addressed that at the beginning of the charter review. It is recognised by the director-general, who has said that the BBC needs to look at alternative models and has mentioned the possibility of introducing subscription services on iPlayer. At the moment, there is no alternative to the licence fee because we do not have a system where people who choose not to pay it can be cut off; that was why we reached the conclusion that the licence fee had to be maintained. But in the longer term, that will not be true. There will come a time when the licence fee cannot be sustained, but that will be the task of the future Secretary of State who has the job of undertaking the next charter review.

Photo of John WhittingdaleJohn Whittingdale Conservative, Maldon  7:02 pm, 29th April 2019 

It is a pleasure to hear that the importance of rolling over these sanctions is supported on both sides of the House. My right hon. Friend Alistair Burt spoke with considerable knowledge and authority about the sanctions against Syria. I will concentrate on another of the three countries on whom this set of sanctions will be maintained: Belarus.

I chair the all-party parliamentary group on Belarus in this place, and last year led an Inter-Parliamentary Union delegation to Minsk. Later this year, we will be inviting Belarus to pay a return visit and send a delegation to visit the UK. The explanatory memorandum to these sanctions regulations refers to the need for respect of “democratic principles and institutions” in Belarus; but one has to say that there is still some way to go. The Parliament in Minsk and the parliamentary institutions of Belarus are not quite as we would recognise in this country. Those who do sit in Parliament have been largely appointed by the President, and those who were not appointed directly have certainly been approved by the President in taking up their position. The President himself first took office in 1994. He has won several elections since then, usually by over 90% of the vote, and the bodies that have observed those elections—not least the Organisation for Security and Co-operation in Europe—have raised considerable concerns about their validity.

Belarus is also undoubtedly still firmly within the Russian orbit, and one has to accept that its room for manoeuvre is severely limited by what the Kremlin allows. Having said that, there are some signs of progress. Belarus did not recognise the Russian occupation of South Ossetia, of Abkhazia or of Crimea, and there are signs that it wishes to edge away and that some progress is being made. It was for that reason that the IPU decided that it was worthwhile to send a delegation to encourage further steps of progress, and I pay tribute to our excellent ambassador in Minsk, who is pressing for reform while also seeking to ensure that we have relations with the Government and institutions of Belarus.

There are also economic opportunities in Belarus, as Douglas Chapmanpointed out. The UK is a considerable market for Belarus exports. I have to say that Belarus is a rather smaller market for UK exports, but nevertheless there is an opportunity there. However, when it comes to human rights, it is worth noting that Belarus is still, I think, the only country in Europe that institutes the death penalty. The number of people executed actually doubled last year—to four. Assurances that Belarus is seeking to have a moratorium on the imposition of the death penalty have been rather disproved by its recent actions, and that too is a considerable stain on its record and prevents it from joining the Council of Europe among other things.

The explanatory memorandum for these sanctions names four individuals. The first three—Yury Zakharanka, Viktar Hanchar and Anatol Krasouski—were all opposition politicians who were previously quite close to President Lukashenko, but found themselves in opposition to him and then died in 1999. Some were abducted, and the courts have now ruled that they were almost certainly murdered. Quite exactly what happened, we still do not know.

The fourth individual named on the explanatory memorandum and the regulations is Dzmitry Zavadski, and I mention him specifically because although he was President Lukashenko’s personal cameraman, he also practised widely as a journalist. As the Minister and others may know, I am a very strong supporter of media freedom. I strongly welcome the initiative that the Foreign Secretary has taken to make media freedom a priority of this Government to the extent of organising an international conference on it in July. The IPU, which I have the honour to chair, will be following that up.

The death of Mr Zavadski is a terrible blot, but it is worth mentioning another individual who worked alongside him—Pavel Sheremet. Pavel Sheremet was another Belarusian journalist who fell out with the President. He was also a critic of President Putin and a great friend of Boris Nemtsov in Russia. He was assassinated in a car bomb in Kiev in 2016, and his murder is another example of the risks that journalists take and how they sometimes pay a price with their lives. We should always raise the issue of Pavel Sheremet. Quite who was responsible for his death is unclear—he made a number of enemies among people who could well have been responsible—but he was a Belarusian journalist. He was also one of the founders of Charter 97, which is a human rights organisation that operates in Belarus. I met representatives of Charter 97 just a few weeks ago. Its founder was also killed, the editor-in-chief fled and is now in Poland, and access to its website is blocked in Belarus.

The record in Belarus is not good. I therefore certainly would not argue that sanctions should necessarily be lifted. However, I would say that we should keep them under review and that we should encourage where there are signs of progress. I hope that there is some movement towards greater liberalisation and away from the alliance with Russia. On that subject, I will not bore the Minister by repeating what has come up regularly in these debates but merely say that the sanctions against Russia remain of huge importance. We await the Government’s announcement of the implementation of the Magnitsky sanctions following the passage of the necessary legislation in this House. If ever we needed an example of why those sanctions against Russia remain of huge importance, it was the Minister’s excellent response to the debate that we had last week on the Russian annexation of Crimea. He will know that within hours of that, the Russians announced that they were going to make passports available to people living in Donbass. I am very pleased that the Foreign Officemade clear our condemnation of that further provocation by Russia against the people and Government of Ukraine.

I strongly support these sanctions. However, I was keen to take this opportunity to put it on the record that although the sanctions against Belarus are justified, there are nevertheless small signs of progress.

Photo of John WhittingdaleJohn Whittingdale Conservative, Maldon  10:09 am, 24th April 2019 

I congratulate my hon. Friend John Howell on securing this debate at an extremely important time for Ukraine, and on doing an excellent job of setting out the facts about the Russian occupation of Crimea.

Like Angela Smith, three weeks ago I spent my Sunday sitting in a polling station in Desnianskyi district, a poorer suburb of Kiev, and this Sunday I was in a polling station in Bucha, watching democracy in action. It is always inspiring to see a democratic election in a country that has only recently become free.

One of the striking things about the Ukraine election was that there was absolutely no question about the people’s desire for change. As overseas observers, we had some criticisms about access to the media, financing and resources, but there can be no doubt that the result—the election of President-elect Zelensky—reflects the will of the Ukrainian people. I pay tribute to President Poroshenko, who I think achieved many things, but there is a real and deep-seated wish for change, and it was undoubtedly a genuine election.

One of the first things that President-elect Zelensky will have to do is decide how best to confront the Russian aggression and the occupation of parts of his country. The war in Donbass gets a lot of attention—it is a hot war and people are dying there; I went last year to Avdiivka, which is right up against the frontline and is regularly subject to shelling—but we must not overlook Crimea, which has spent five years under occupation.

President-elect Zelensky has not yet said a great deal about his policy, and we must wait to see who he will appoint to key positions such as Foreign Minister, but he has referred to the Budapest memorandum. The signatories to that memorandum—my hon. Friend the Member for Henley rightly drew attention to the fact that the UK is one—have said that they will protect the territorial integrity of Ukraine. The Ukrainians have an expectation that that commitment will be honoured, even though one of the signatories is responsible for the invasion and occupation of their country. I know that our Government want to pursue the existing dialogue with Russia through the Normandy agreement and the Minsk process, but President-elect Zelensky has said that he sees a role for the Budapest signatories, so if he approaches the UK Government to assist in resolving the situation, I hope that they will respond positively.

My hon. Friend made several points about the invasion of Crimea five years ago; I do not want to repeat them, but I will make a couple of observations. One of the reasons given for the invasion was that, following the revolution of dignity in the Maidan, Kiev was under the control of a fascist and antisemitic Government. Ironically, not only is there no evidence of that Government ever being fascist or antisemitic, but as of Sunday, Ukraine will be only the second country in the whole world, after Israel, to have a President and a Prime Minister who are both Jewish.

The second reason given for the invasion was the referendum in which the occupants of Crimea expressed a wish to rejoin Russia. It is true that in 1990, when there were genuine plebiscites across Ukraine to determine its future, the biggest minority in favour of joining Russia was in Crimea, although it was only 41%. However, the so-called referendum that took place five years ago did so under the barrels of Kalashnikovs after all media from Ukraine had been cut off. There was a relentless barrage of Russian propaganda, including footage that showed thousands of Ukrainians allegedly fleeing from what the Russian Foreign Ministry described as threats of a massacre—I say “allegedly” because it subsequently emerged that it was footage of a traffic jam of Ukrainian vehicles heading across the border to Poland to do some weekend shopping.

The referendum offered a choice between joining Russia immediately, and retaining independence with the right to join Russia after a specified period. Remaining part of Ukraine was not on the ballot paper. Just imagine if a similar question had been asked in our EU referendum three years ago. As my hon. Friend said, the referendum on joining Russia rightly received international condemnation, including by the United Nations General Assembly; resolutions have been passed that point out that the annexation and occupation continue to be illegal.

My hon. Friend was right to highlight the relentless abuse of human rights in Crimea since the Russian occupation. I draw particular attention to the events of 27 March, less than four weeks ago, in which 23 Crimean Tatar civic journalists were arrested, beaten by the Russian FSB and taken out of Crimea. It is not clear where some of them are being held; I am afraid that they are just the latest in a long list of people, particularly Tatars, who have been subjected to torture, abuse, kidnapping and imprisonment.

My hon. Friend rightly referred to the military build-up in Crimea since the Russians took over. There was already a naval base at Sevastopol, of course, but before the occupation there were only 12,500 Russian troops there, whereas there are now estimated to be 32,000. There has also been a build-up of aircraft, naval forces and military vehicles; indeed, it is now reported that there may well be nuclear weapons in Crimea, which is ironic given that the Budapest memorandum was signed specifically in return for Ukraine’s agreement to give up its nuclear weapons.

My hon. Friend also spoke about the situation in the sea of Azov. Just before Christmas, I travelled to Berdyansk and Mariupol, which are both on the sea of Azov, to see the effect of the blockade across the Kerch strait. The bridge that was built prevents a large number of larger ships from entering the sea of Azov, and since the blockade Russian warships have imposed checks on all ships going in. That has had the effect of delaying passage and rendering the businesses of Mariupol and Berdyansk almost uneconomic. Those two cities are subject to economic warfare and must be relieved.

My hon. Friend was right to say that the Ukrainians have done a fantastic job of raising these issues in every international forum. He spoke about his and his colleagues’ work in the Council of Europe; at the annual Inter-Parliamentary Union Assembly some 10 days ago, I listened to a very powerful address by Mr Parubiy, the Speaker of the Ukrainian Rada. It was then countered by the Russians, who said that of course there were no Russians whatever in Donbass and that there never had been—it was an entire fiction. There is an absolute denial of reality by Russia, despite overwhelming evidence.

I pay tribute to the representation of Ukraine in this country. It is a great pleasure to see the Ukrainian ambassador, Her Excellency Natalia Galibarenko, listening to this debate. She is an assiduous attender of such events and does a fantastic job.

My hon. Friend spoke about the need to increase the pressure on Russia, particularly through sanctions. I agree absolutely that it was very important that we passed the Magnitsky amendment. We eagerly await its implementation; I know that the Government intend to move forward, but we would like them to do so somewhat quicker.

I hope that the message that comes out from this debate, and the number of speakers in it, will demonstrate that across the House of Commons there is unanimous support for Ukraine against the illegal occupation of part of the country and the aggressive action of the Russian Federation.

 

Does my right hon. Friend agree that although any death is a tragedy, the murder of a journalist is particularly abhorrent? Is she aware that Lyra McKee’s death came on the very same day when the world press freedom index was published, which showed the UK rising by seven places? At a time when the Government are rightly championing the protection of journalists, this terrible act is a dreadful stain on our record.

 

My right hon. Friend and I share the honour of having served in the Department for Digital, Culture, Media and Sport; it perhaps did not have the “Digital” at the time he was there, but we have both been Culture Secretaries and both of us were charged with ensuring that press freedom was respected. The work he did as Secretary of State, which I was fortunate enough to follow on from and take up the mantle of, helps us to be in the position where our status on the press freedom index is improving, but he makes a powerful point about what we have seen in Londonderry and the murder of Lyra McKee.