Communications Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Clause 311

 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

178Page 274, line 35, leave out from first "of" to end of line 36 and insert "the following"
179Page 274, line 42, after "provision" insert "; and
(d)  every condition imposed by them under or for the purposes of a broadcasting provision"
180Page 275, line 3, leave out subsection (4)
181Page 275, leave out lines 14 and 15
 

Clause 312

 

THE LORD GORDON OF STRATHBLANE
THE BARONESS BUSCOMBE
THE LORD SAATCHI
THE LORD BORRIE

182Page 275, line 37, leave out "unsuitable" and insert "which may be misleading, harmful or offensive"
 

Clause 314

 

THE LORD GORDON OF STRATHBLANE
THE LORD BORRIE

183Page 277, line 45, leave out "312(2)(g)" and insert "312(2)(a), (g)"
 

Clause 330

 

THE LORD ADDINGTON
THE BARONESS BUSCOMBE

184Page 290, line 11, after "of" insert "equalisation of opportunities for"
 

Schedule 12

 

THE LORD ALLI

185Page 402, line 7, leave out from "total" to end of line 10 and insert "annual budget allocated to the production and acquisition of qualifying programmes included in the television broadcasting services provided by the BBC; and
(b)  not less than 25 per cent of the total amount of time allocated to the broadcasting of qualifying programmes included in the television broadcasting services provided by the BBC
  is allocated to the broadcasting of a range and diversity of independent productions"
186Page 402, line 22, at end insert "; and
(d)  the reference to the total annual budget is a reference to a budget of such description as the Secretary of State may by order specify as a description of the budget that she considers should be the budget for the purposes of that subsection."
 

THE LORD McINTOSH OF HARINGEY

187Page 402, line 43, leave out from "under" to end of line 45 and insert "the BBC Charter and Agreement"
 

THE BARONESS BUSCOMBE
THE BARONESS WILCOX

188Page 404, line 3, at end insert—
 

"Duty in relation to the promotion of programmes, channels and related services in the BBC's services

 2A   (   )   It shall be the duty of the BBC to make arrangements for securing that any rules from time to time drawn up by OFCOM to regulate the promotion of programmes, channels and related services by any person providing a licensed service are observed and applied in relation to the provision of the BBC's services in a way which achieves to the fullest and most analogous extent practicable, the effect of the rules as they are intended to apply to the provision of a licensed service.
(   )      In this paragraph "licensed service" has the same meaning as in section 309."
 

Before Clause 340

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

189Insert the following new Clause—
  "Media plurality public interest consideration
(1)  Section 58 of the Enterprise Act 2002 (c. 40) (specified considerations) shall be amended as follows.
(2)  After subsection (2B) (which is inserted by section 368 of this Act) there shall be inserted—
"(2C)  The public interest in the promotion and maintenance of a plurality of media owners and of a wide range of voices such as to satisfy a variety of tastes and interests is specified in this section."
(3)  In subsection (3), after the words "any consideration", there shall be inserted "(other than the consideration specified in subsection (2C))"."
190Insert the following new Clause—
  "Adaptation of role of OFT in initial investigations and reports
(1)  Section 44 of the Enterprise Act 2002 (c. 40) (investigation and report by OFT in public interest cases) shall be amended as follows.
(2)  After the words "newspaper public interest consideration" (which are inserted by section 369(1) of this Act) there shall be inserted "and the media plurality public interest consideration".
(3)  After subsection (5A) (which is inserted by section 369(2) of this Act) there shall be inserted—
"(5A)  The report may, in particular, contain a summary of any representations about the case which have been received by the OFT and which relate to the media plurality public interest consideration mentioned in the intervention notice concerned and which is or may be relevant to the Secretary of State's decision as to whether to make a reference under section 45."
(4)  After subsection (7) there shall be inserted—
"(7A)  In this Part "media plurality public interest consideration" means any consideration which is specified in section 58(2C).
(7B)  In this Part—
 "media owners" means persons—
(a)  holding broadcasting licences under the Broadcasting Act 1990, the Broadcasting Act 1996 or the Communications Act 2003,
(b)  controlling bodies corporate for the purposes of Schedule 2 to the Broadcasting Act 1990, or
(c)  carrying on an enterprise which is supplying newspapers of any description; and
 "voices" means views and opinions represented to a significant degree in the media."."
191Insert the following new Clause—
  "Additional investigation and report by OFCOM: media plurality public interest cases
  After section 61A of the Enterprise Act 2002 (c. 40) (additional investigation and report by OFCOM: certain newspaper mergers) (which is inserted by section 373 of this Act) there shall be inserted—
"61BAdditional investigation and report by OFCOM: media plurality mergers
(1)  Subsection (2) applies where—
(a)  the Secretary of State has given an intervention notice in relation to a relevant merger situation; and
(b)  the intervention notice mentions the media plurality public interest consideration.
(2)  OFCOM shall, within such period as the Secretary of State may require, give a report to the Secretary of State on the effect of the consideration or considerations concerned on the case.
(3)  The report shall contain—
(a)  advice and recommendations which are or may be relevant to the Secretary of State's decision as to whether to make a reference under section 45; and
(b)  a summary of any representations about the case which have been received by OFCOM and which relate to any such consideration.
(4)  OFCOM shall carry out such investigations as they consider appropriate for the purposes of producing a report under this section."
192Insert the following new Clause—
  "Enforcement powers in relation to media mergers
  In Schedule 8 to the Enterprise Act 2002 (c. 40) (provision that may be contained in certain enforcement orders) after paragraph 20A (which is inserted by section 380 of this Act) there shall be inserted—
 

"Media mergers

 20B   (1)   This paragraph applies in relation to any order—
(a)  which is to be made following the giving of—
(i)  an intervention notice which mentions the media plurality public interest consideration; or
(ii)  a special intervention notice which mentions the consideration specified in section 58(2C); and
(b)  to which that consideration is still relevant.
(2)      The order may make such provision as the person making the order considers to be appropriate in all circumstances of the case.
(3)      Such provision may, in particular, include provision requiring a person to do, or not to do, particular things.
(4)       Provision made by virtue of this paragraph may, in particular, include provision—
(a)  altering the constitution of a body corporate (whether in connection with the appointment of directors, the establishment of an editorial board or otherwise);
(b)  requiring the agreement of the relevant authority or another person before the taking of particular action (including the appointment or dismissal of an editor, journalists or directors or acting as a shadow director);
(c)  attaching conditions to the operation of a newspaper or of a licensed programme service;
(d)  prohibiting consultation or co-operation between subsidiaries.
(5)      This paragraph is without prejudice to the operation of the other paragraphs of this Schedule in relation to the order concerned."
 

THE LORD CRICKHOWELL
THE LORD PUTTNAM
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

193Insert the following new Clause—
  "Interim retention of certain restrictions on non-EEA ownership
(1)  For paragraph 1(2) and (3) of Part 2 of Schedule 2 to the 1990 Act, there shall be substituted—
"(2)  Sub-paragraph (1) shall apply in relation to any Broadcasting Act licence other than a licence to provide a Channel 3 service and a Channel 5 licence as if paragraphs (a) and (b) (and the reference to those paragraphs in paragraph (i)) were omitted."
(2)  OFCOM shall carry out the initial review for the purposes of this section within a year of the coming into force of this section.
(3)  OFCOM may carry out a subsequent review for the purposes of this section at any time during the period which commences a year after the completion of the initial review under subsection (2) and which concludes with the coming into force of the order made under subsection (7).
(4)  A review under this section shall consider whether, in the opinion of OFCOM—
(a)  the provisions of section 273, 274 and 280 to 284 are operating in such a manner as to provide for a fair and transparent programme supply market with respect to Channels 3 and 5;
(b)  the relevant provisions of Chapter 4 of this Part are operating in such a manner as to provide for effective content regulation of Channel 3 and Channel 5 services;
(c)  the provisions of sections 260 to 267 are operating in such a manner as to provide for a continuing significant contribution by Channel 3 and Channel 5 services towards the achievement of the purposes of public service television broadcasting in the United Kingdom specified in section 260;
(d)  the provisions of sections 344 to 349 provide adequate additional safeguards in case of change of control of Channel 3 services or Channel 5; and
(e)  the powers available to OFCOM under the Competition Act 1998 (c. 41), Part 4 of the Enterprise Act 2002 (c. 40) and sections 309 to 311 of this Act are adequate to promote effective competition in the broadcasting market in the United Kingdom.
(5)  When, as a result of a review carried out in accordance with subsections (2) or (3), OFCOM consider that each condition specified in subsection (4) has been met, they shall make a report to that effect to the Secretary of State, giving reasons.
(6)  The Secretary of State shall lay any report made to him under subsection (5) before Parliament.
(7)  When a report has been laid before Parliament in accordance with subsection (6), the Secretary of State may by order repeal paragraph 1(1)(a) and (b) of Part 2 of Schedule 2 to the 1990 Act and make such consequential amendments to that Part of that Schedule or to other provisions of that Act or this Act as he thinks fit.
(8)  No order is to be made containing provision authorised by subsection (7) unless a draft of the order has been laid before Parliament and approved by a resolution of each House."
 

Clause 340

 

THE LORD CRICKHOWELL
THE LORD PUTTNAM
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

194Page 295, line 7, leave out paragraph (a)
 

THE LORD GORDON OF STRATHBLANE
THE LORD FOWLER

195Page 295, line 8, after "States)" insert "but only to the extent that they are domiciled in countries which impose no disqualification on British individuals and bodies corporate from holding licences or otherwise operating radio and television services in these countries"
 

THE BARONESS BUSCOMBE
THE BARONESS HOWE OF IDLICOTE
THE LORD McNALLY
THE LORD BRENNAN

196Page 295, line 8, at end insert—
"(   )  paragraph 2 (disqualification for religious bodies);"
 

THE LORD McNALLY
THE LORD CRICKHOWELL
THE LORD PUTTNAM
THE LORD HUSSEY OF NORTH BRADLEY

197Page 295, line 9, leave out paragraph (b)
 

THE BARONESS BUSCOMBE
THE BARONESS HOWE OF IDLICOTE
THE LORD McNALLY
THE LORD BRENNAN

198Page 295, line 10, leave out subsections (2) and (3)
199Page 296, line 27, leave out subsections (5) to (7)
 

Schedule 14

 

THE LORD PUTTNAM
THE LORD CRICKHOWELL
THE LORD McNALLY
THE LORD HUSSEY OF NORTH BRADLEY

200Page 430, line 23, at end insert—

 
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23 June 2003