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Digital Economy Bill [HL]

My Lords, I am grateful to all noble Lords because their comments would have been made from this Dispatch Box if they had not been articulated so ably by all those who have spoken. I shall dwell a little longer on the issue because the noble Baroness made one or two specific comments on which I want to give assurances and put the Government’s position firmly on the record. We believe that securing news plurality under this clause should not be to the detriment of Channel 3 licence holders, as the noble Lord, Lord Fowler, said. The Government agree that Channel 3 licence holders should have more than just a say on whether an appointment should be made. Indeed, they should have the right to make direct representations to Ofcom where that appointed news service is to be carried in the schedules. This amendment clearly provides for more than just enabling Ofcom to take account of Channel 3 licence holders’ views. In securing a high-quality plural local and regional news services, Ofcom will want to see Channel 3 licensee co-operation—a point which the noble Baroness particularly emphasised. Representations made in this context could include anything of material importance and relevance to a Channel 3 licence holder. For instance, it could well involve objections or matters to do with schedule or brand protection. We expect the consultation and representation process to achieve consensus between Ofcom and the Channel 3 licence holder before any appointment is made, especially where it directly affects the Channel 3 licence holder. In exercising its functions under this clause, Ofcom’s duties in law will apply. As a public body, it must act reasonably and give proper and due consideration to all representations received, as well as ensuring that its regulatory activities are transparent, accountable, proportionate, consistent and targeted. We would be surprised if Ofcom were to proceed on any other basis. I am grateful for the clarity that the amendment offers and I am pleased to accept it on behalf of the Government.