Clause 13 - Consumer research
Communications Bill
4:30 pm

Dr Kim Howells (Parliamentary Under-Secretary, Department for Culture, Media & Sport; Pontypridd, Labour)
Consumers are at the heart of Ofcom's remit and decisions on what will further their interest will need to be underpinned by proper research. The amendment has no effect. Subsection (4) allows Ofcom to carry out research on public opinion concerning programmes included in television and radio services and on the effect of any material published by means of electronic media.
The hon. Gentleman is right to raise the issue because it allows me to state clearly that businesses should not be burdened with endless requests from Ofcom for information to further its research. I clarify that that is not the intention of the Bill. I hope that Ofcom would see itself as a partner with businesses to work out proper systems for obtaining key information that will help its work. Other sectors do that very well at the moment.
The hon. Gentleman will know that broadcasting and media industries have sophisticated technologies and systems for gathering information such as, for example, numbers of viewers. Such information is
useful for companies and those of us who are interested.
We want Ofcom to be able to find out what public opinion is, if that is relevant to its remit. It will use that knowledge to inform its decision-making process. Subsection (1) places Ofcom under a duty to make arrangements for ascertaining public opinion on how electronic communications networks and services are delivered and on the way in which associated facilities, such as electronic programme guides, are made available. Ofcom must also ascertain the state of public opinion on television and radio programmes.
Ofcom has a wide range of functions under part 3 relating to public service broadcasting, which we will discuss in due course. It cannot hope to fulfil its functions without an appreciation of the types of programmes that the public want to be included in television and radio services. Subsections (4) and (5) place Ofcom under a duty to do that.
The duties to carry out research are in addition to the power of the consumer panel to carry out research. Nothing will restrict Ofcom from making any arrangements that it considers to be incidental or conducive to the carrying out of its functions.
The hon. Gentleman raised a question on electronic services. His point is technically correct but I am not sure that I follow the logic of his further assertion. I know that the matter has been of great interest to BSkyB, among others. Perhaps we can discuss it later and get greater clarity. I hope that the hon. Gentleman will withdraw his amendment.
