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Deposited by
Department for Business, Enterprise and Regulatory Reform
Type
Deposited papers
Date
29 January 2008
Reference
DEP2008-0239
House
House of Lords; House of Commons
Deposited by
Ofcom
Type
Deposited papers
Date
19 January 2008
Reference
DEP2009-0172
House
House of Commons

asked Her Majesty's Government:Whether there is a conflict of interest between Mr Michael Grade's continuing duties as former chairman of the BBC and his new duties as chairman of ITV, notably in relation to the negotiation of the BBC's licence fee.

Asked by
Lord Lester of Herne Hill (Liberal Democrat)
Type
Written questions
Status
Answered
Date
17 January 2007
Reference
555; 688 c167-8WA
House
House of Lords
Deposited by
Department for Culture, Media and Sport
Type
Deposited papers
Date
10 January 2007
Reference
DEP 07/273
House
House of Commons
Deposited by
Department for Culture, Media and Sport
Type
Deposited papers
Date
10 January 2007
Reference
DEP 07/151
House
House of Commons
ITV
The Minister has said that Ofcom will reach its conclusions early in the new year. If Ofcom deems that there has been a change of control, what is he going to do about it?
Asked by
Michael Fabricant (Conservative)
Answering body
Department for Culture, Media and Sport
Oral questions - Supplementary
Status
Answered
Date
18 December 2006
Reference
454 c1143
House
House of Commons
ITV
As the hon. Gentleman knows, in relation to these issues and in relation to the Communications Act 2003 and the Enterprise Act 2002, this matter would ultimately be in the hands of the Secretary of State for Trade and Industry, but at this stage we must decide whether or not there is an issue to be investigated, and the hon. Gentleman will have an answer to that early in the new year.
Answered by
Shaun Woodward (Labour)
Answering body
Department for Culture, Media and Sport
Type
Oral answers to questions
Date
18 December 2006
Reference
454 c1143
House
House of Commons
ITV
My hon. Friend raises a very important issue, which I know is of concern to a number of Members in the House. It therefore may be helpful if I briefly set out the process that is in train to address the questions that my hon. Friend has raised. There are two regulatory areas of concern; the first relates to the OFT, the second to Ofcom. The OFT is looking at whether there has been a merger, and is seeking views from interested parties—NTL, Virgin, BSkyB and ITV. The OFT has four months from the date of transaction to determine, first, whether there has been a merger, and secondly, whether that has resulted in a substantial lessening of competition, in which case it may refer that to the Competition Commission. We expect the OFT to reach its decision early in the new year. The second area raised by my hon. Friend touches on the work that falls within the compass of Ofcom. Ofcom is considering whether there has been a change of control of an ITV licence holder. It has six weeks to do that, and it will look at four factors: the level of shareholding acquired, voting rights, constitution and funding arrangements. Ofcom expects to reach a conclusion early in the new year. In relation to—
Answered by
Shaun Woodward (Labour)
Answering body
Department for Culture, Media and Sport
Type
Oral answers to questions
Date
18 December 2006
Reference
454 c1142
House
House of Commons
ITV
Can my hon. Friend assure me that both OFT and Ofcom will carefully scrutinise whether BSkyB, as the largest shareholder in ITV now, has material influence over it; and whether there are potential conflicts of interest, such as in the tendering of the ITN news contract in 2008, the sale of sports rights, or the fact that whereas BSkyB is opposed to the Government’s plans for digital switchover, ITV is very much in favour of them and is even in discussions with the BBC about possibly launching a Freesat service?
Asked by
John Grogan (Labour)
Answering body
Department for Culture, Media and Sport
Oral questions - 1st Supplementary
Status
Answered
Date
18 December 2006
Reference
454 c1142
House
House of Commons
ITV
The Secretary of State and I have been briefed by Ofcom on the process for considering whether there has been a change in control of the Channel 3 licence. We have had no discussions with the OFT.
Answered by
Shaun Woodward (Labour)
Answering body
Department for Culture, Media and Sport
Type
Oral answers to questions
Date
18 December 2006
Reference
454 c1142
House
House of Commons
ITV
What recent discussions she has had with Ofcom and the Office of Fair Trading on BSkyB's acquisition of shares in ITV.
Asked by
John Grogan (Labour)
Answering body
Department for Culture, Media and Sport
Oral questions - Lead
Status
Answered
Date
18 December 2006
Reference
109407; 454 c1142
House
House of Commons
My Lords, I thank the Minister for that reply. I think we all hope that in future the process will be placed under the chairmanship of the independent Office of the Commissioner for Public Appointments. Is the Minister as astonished as the rest of us that Michael Grade, as commander of the British flagship of public service broadcasting, is apparently free immediately to transfer his loyalty—if loyalty is the appropriate word—to the BBC’s principal competitor and, indeed, that he feels free to do so, in the apparent absence of any non-compete clause? What do the Government propose to do to prevent a similar situation arising with any future BBC chairman?
Asked by
Baroness Howe of Idlicote (Crossbench)
Oral questions - 1st Supplementary
Status
Answered
Date
30 November 2006
Reference
687 c848
House
House of Lords
Whether they will consult the Office of Fair Trading or Ofcom on whether the recent stake taken by Sky Television in ITV is compatible with the competition provisions of the Enterprise Act 2002 or the public interest provisions of the Communications Act 2003.
Asked by
Lord McNally (Liberal Democrat)
Oral questions - Lead
Status
Answered
Date
28 November 2006
Reference
687 c650
House
House of Lords
My Lords, it is for the Office of Fair Trading to consider whether to conduct an investigation into the competition effects of this transaction. My department is in contact with both the OFT and Ofcom about the matter and will keep under review questions relating to the potential use of the Secretary of State’s powers under the Enterprise Act 2002 to require a public interest investigation.
Answered by
Lord Truscott (Labour)
Type
Oral answers to questions
Date
28 November 2006
Reference
687 c650
House
House of Lords
My Lords, there are two separate issues here regarding the OFT and Ofcom. First,the DTI remains in contact with the OFT about the transaction and will keep under review whether the Secretary of State could or should intervene on public interest grounds. Ofcom is looking at the other issue. It has announced that it is inviting comments from BSkyB and ITV on whether the transaction has resulted in a change of control in one or more of the licences held by ITV. If Ofcom were to conclude that such a change had occurred, it would review its effects on the content of programming. Those are two separate issues and both are being investigated.
Answered by
Lord Truscott (Labour)
Type
Oral answers to questions
Date
28 November 2006
Reference
687 c650
House
House of Lords
My Lords, while thanking the Minister for his Answer, perhaps I may ask him to look at Early Day Motion 309 in the other place. It is an impressively all-party Motion which, among other things, asks "““whether the raid gives Sky the ability to materially influence ITV””," says that that should be investigated, and "““believes a prima facie case exists for the Secretary of State to subsequently intervene and instruct Ofcom to undertake a public interest inquiry””." Is that not wise advice? In fact, should we not go further? Is it not time that Ofcom carried out a full public inquiry into Sky’s many anti-competitive actions which are distorting our broadcasting market?
Asked by
Lord McNally (Liberal Democrat)
Oral questions - 1st Supplementary
Status
Answered
Date
28 November 2006
Reference
687 c650
House
House of Lords
My Lords, I hear what my noble friend Lord Borrie says and very much take his views into account as he has such experience in the field. However, this is initially a matter for the regulatory authorities and we must let them conduct their investigation before we comment any further. The points which my noble friend mentions are initially a question for them.
Answered by
Lord Truscott (Labour)
Type
Oral answers to questions
Date
28 November 2006
Reference
687 c650-1
House
House of Lords
My Lords, does my noble friend agree that things have moved on in the world of broadcasting with all the changes going on and telephone, television, internet and 3G all coming together? Does he agree that, while that is going on, it is best left to the regulators and the market rather than to interference from the Government?
Asked by
Lord Haskel (Labour)
Oral questions - Supplementary
Status
Answered
Date
28 November 2006
Reference
687 c651
House
House of Lords
My Lords, I do not agree. I do not know how other Governments would act but this Government abide by the law as it is set out. Let me explain to the noble Lord, Lord McNally, how it works. An intervention by the Secretary of State is available only if a relevant merger situation for the purposes of the Enterprise Act 2002 has arisen that is relevant to a public interest consideration specified under Section 58 of that Act. It would not be appropriate to comment further on whether those circumstances have been met in this case. That is the law and that is what the Government are abiding by.
Answered by
Lord Truscott (Labour)
Type
Oral answers to questions
Date
28 November 2006
Reference
687 c651
House
House of Lords
My Lords, does the Minister agree that Mr Michael Grade may prove a more effective and rapid defender of ITV than Ofcom would be and that he is certainly the one that Rupert Murdoch did not foresee?
Asked by
Lord Watson of Richmond (Liberal Democrat)
Oral questions - Supplementary
Status
Answered
Date
28 November 2006
Reference
687 c651
House
House of Lords