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Baroness Dean of Thornton-le-Fylde: With regard to Amendment No. 192, the Minister's response was helpful and goes in the right direction. We look forward to seeing the amendment and we shall consider it when it is brought forward. At this point, and with the permission of the Committee, I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Amendments Nos. 193 and 194 not moved.]

5.45 p.m.

Baroness Dean of Thornton-le-Fylde moved Amendment No. 195:


After Clause 66, insert the following new clause--

Promotion of equal opportunities

(".--(1) After section 45(3) of the 1990 Act there is inserted--
"(3A) Section 38 shall apply in relation to any licence to provide a non-domestic satellite service granted after the commencement of this section as it applies in relation to a licence to provide a Channel 3 service."
(2) Any non-domestic satellite service licence granted before the commencement of this section shall, as from that commencement, be taken to include the condition referred to in section 45(3A) of the 1990 Act.
(3) After section 47(8) of the 1990 Act there is inserted--
"(8A) Section 38 shall apply in relation to any licence to provide a licensable programme service granted after the commencement of this section as it applies in relation to a licence to provide a Channel 3 service."
(4) Any licensable programme service licence granted before the commencement of this section shall, as from that commencement, be taken to include the condition referred to in section 47(8A) of the 1990 Act.
(5) After section 55 of the 1990 Act there is inserted--

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"55A. Section 38 shall apply in relation to any licence to provide additional services under Part I of the 1990 Act granted after the commencement of this section as it applies in relation to a licence to provide a Channel 3 service".
(6) Any additional services licence granted before the commencement of this section shall, as from that commencement, be taken to include the condition referred to in section 55(A) of the 1990 Act.
(7) After section 73(7) of the 1990 Act there is inserted--
"(8) Section 38 shall apply in relation to any licence to provide a local delivery service granted after the commencement of this section as it applies in relation to a licence to provide a Channel 3 service."
(8) Any local delivery service licence granted before the commencement of this section shall, as from that commencement, be taken to include the condition referred to in section 73(8) of the 1990 Act.
(9) After section 104(7) of the 1990 Act there is inserted--
"(8) Section 38 shall apply in relation to any licence to provide a local or satellite service under Part III of the 1990 Act granted after the commencement of this section as it applies in relation to a licence to provide a Channel 3 service."
(10) Any local or satellite licence granted before the commencement of this section shall, as from that commencement, be taken to include the condition referred to in section 104(8) of the 1990 Act.
(11) After section 113(4) of the 1990 Act there is inserted--
"(5) Section 38 shall apply in relation to any licence to provide a licensable sound programme service granted after the commencement of this section as it applies in relation to a licence to provide a Channel 3 service."
(12) Any licensable sound programme service licence granted before the commencement of this section shall, as from that commencement, be taken to include the condition referred to in section 113(5) of the 1990 Act.
(13) After section 115(9) of the 1990 Act there is inserted--
"(10) Section 38 shall apply in relation to any licence to provide additional services under Part III of the 1990 Act granted after the commencement of this section as it applies in relation to a licence to provide a Channel 3 service."
(14) Any additional services licence granted before the commencement of this section shall, as from the commencement, be taken to include the condition referred to in section 115(10) of the 1990 Act.").

The noble Baroness said: In moving this amendment I give an assurance that I shall be briefer than are the words in the amendment on the Marshalled List. I was delighted this morning when I received the Marshalled List that we do not have a practice which existed in an organisation I belong to elsewhere where one is required to read out the amendment before one starts to speak to it.

Although the amendment is long, very legal and detailed what it does is to take the equal opportunities provisions of the 1990 Act and carry them forward into the Bill we have before us. That will enable both Acts to have a level playing field or equal opportunity entry and requirements relating to equal opportunities. Although it is a long amendment, its intention and application are simple. It extends the equal opportunities provisions from the 1990 Act into the Bill. I beg to move.

Lord Inglewood: The noble Baroness has explained clearly the purpose of her amendment and the Government would agree with much of her thinking. Indeed, her concerns are already addressed in the Sex

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Discrimination Act, the Race Relations Act and equal pay legislation. I therefore question the need to add a further regulatory measure to what we hope is a deregulatory Bill.

Sections 38 and 108 of the 1990 Act require the regulators to encourage the promotion of good practice by the principal broadcasters in the area of equal opportunities. As the Minister taking the 1990 Act through the other place made clear when this issue was debated there in May 1990, while the Government were content for the additional regulation by the ITC and the Radio Authority on this issue in relation to the principal broadcasters who are subject to a fair degree of positive regulation to ensure that they undertake certain functions, including programme content and training of staff, we do not believe now, any more than we did then, that the case is the same for those licensees which are subject to a lighter regulatory touch under the 1990 Act. Those broadcasters operating under licensable programme service licences, non-domestic satellite services and independent local radio licences are policed by having negative consumer protection requirements set out in their licences. This means that if they have misbehaved in that respect, they are appropriately punished for a breach of their licence.

The ITC and the Radio Authority do not monitor their performance to ensure that they are positively undertaking certain actions in the same manner as they do in relation to the principal broadcasters, neither do the regulators produce a detailed annual performance review in which equal opportunity assessments can be published.

We believe that this amendment will add a further costly and unnecessary layer of bureaucracy to the work of the ITC and the Radio Authority, the aim of which will be to ensure that the broadcasters are meeting the requirements of the existing legislation, for a breach of which there are quite separate sanctions. The equal opportunities legislation is working effectively without the need for additional positive promotion by the broadcasting regulators.

Baroness Dean of Thornton-le-Fylde: I thank the Minister for that reply. Disappointing though it is, it makes the Government's position very clear. It lacks logic, because Clause 26 of the Bill states quite specifically,


    "Any multiplex licence [operator] or digital programme licence [holder] shall ...make arrangements for promoting, in relation to employment by him, equality of opportunity between men and women and between persons of different racial groups".

Although the Minister went on to say that the ITC itself does not monitor, which I consider is regrettable--perhaps its terms of reference did not require it to do so--monitoring is quite common. The BBC itself was one of the first to sign up to Opportunity 2000, which requires an annual monitoring of equal opportunities. The Minister's reply is disappointing, but I do not wish to press the point at this stage in Committee. I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

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Lord Lyell moved Amendment No. 195A:


After Clause 66, insert the following new clause--

Limitation on availability of statutory licence to include sound recordings in broadcasts and cable programme services

(" . In section 175 of the 1990 Act (Use as of right of sound recordings in broadcasts and cable programme services), at the end of subsection (1) there is inserted--
""Limitations on exercise of right.
135H.--(1) Section 135C shall not apply to the inclusion in a broadcast or cable programme service of any sound recording if and to the extent that the broadcast or cable programme service is--
(a) a controlled choice service;
(b) provided wholly or mainly for presentation to members of the public at a particular establishment or other defined locality, or a particular event, in the United Kingdom;
(c) a simultaneous, unaltered and unabridged retransmission for reception by the public of an initial transmission (whether by means of a broadcast or cable programme service) from another EEA state of television or radio programmes intended for reception by the public."
(1A) For the purposes of sections 135A to 135H--
"controlled choice service" means a service which consists wholly or mainly in conveying sounds or other information whether by broadcast or by cable programme service for reception by any member of the public and of which it is an essential feature that there will or may be sent from each place of reception information or signals for the control or partial control of the content of the service for reception by the person providing the service.".").

The noble Lord said: This is an entirely new clause. I shall be as brief and clear as I can. This is rather an esoteric point, taking us back two years, five years and six years. Section 175 of the 1990 Act, as Members of the Committee will see from the amendment, refers to Section 135 of the Copyright, Designs and Patents Act 1988, which was printed in fairly large measure in Section 175 of the Broadcasting Act.

Section 175 of the 1990 Act, introduced for the first time in this type of legislation a statutory licence for the benefit of broadcasters. That formed an integral and central part of the overall regulation of the licensing system which was set up under the 1990 Act.

The statutory licence came into being nearly six years ago. It entitles broadcasters to include sound recordings in a cable programme service if some conditions are met, paying what the broadcaster unilaterally considers to be a reasonable royalty for the use of music or other material. The Committee will be aware that it can take a lot of time, money and effort to establish in the copyright tribunal that the statutory licence fees paid by the broadcaster are entirely unreasonable. In the meantime there is a great deal of delay and expense and a substantial loss of revenue to the copyright holders.

As we understand it, the intention of the 1990 Act, when passing through both your Lordships' House and another place, was to provide the new broadcasters-- I shall call them traditional broadcasters and radio stations--who we all hoped would be able to provide an increasingly broad range of public information services and local radio, with a head start and fewer problems and administrative difficulties in negotiating rights clearance for the use of material.

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In 1990 your Lordships' House and another place were focusing on the so-called "needletime" restrictions. That will take all Members of the Committee back to dropping a needle on a disc when we used to listen to what were called "records". The restrictions then were to ensure that a broadcaster would not be delayed in commencing transmissions while he negotiated licence terms with the copyright owner of the sound recordings in that broadcast. As the Committee has been hearing, since 1990 needletime restrictions have virtually disappeared and we have moved on from that. As a result of measures in the 1990 Act, an entirely new phenomenon has emerged; namely, a new generation of non-traditional broadcasters whom one might call "narrowcasters".

These are service providers. When Members of the Committee go to large warehouse-type emporia where there are do-it-yourself chains or into a hypermarket, they are likely to hear music interspersed with announcements and the like. Apparently, that is a valuable marketing aid. I am not very aware of the background music since I concentrate on other things. I understand that since 1990 the narrowcasters have been able to take advantage of the statutory licence as set out in Section 175, to the disadvantage of the record companies and performers whose copyright they are in danger of infringing.

The particular types of broadcast which are covered in my amendment are commercial services intended for particular sites or retail chains. There are also the on-demand services which are likely to have a direct impact on, and substitute for, record sales--perhaps one might call it "home recording".

The amendment adds to the Act in Section 135H(b), which relates to broadcasts,


    "provided wholly or mainly for presentation to members of the public at a particular establishment or other defined locality".

As I have just spelt out, that may be a retail shop or a large emporium. The service provider is attempting to produce an atmosphere which is conducive towards persuading people like Members of the Committee and myself to part with money. I hope my noble friend will have been able to understand part of what I am seeking to put forward. I beg to move.


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