Clause 340 — Modification of Disqualification Provisions

Part of Communications Bill – in the House of Commons at 9:15 pm on 14 July 2003.

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Photo of Andrew Lansley Andrew Lansley Shadow Secretary of State for Health 9:15, 14 July 2003

I hope that that would not be the case.

I do not think that the Government were getting anywhere near the heart of the matter when it came to the issue of the highest bidder. When these licences are to be provided, there is a backstop power so that the licences cannot necessarily be exercised in ways that would be contrary to the intentions that lie behind the legislation.

That is the curiosity. We do not have practical examples of what would contravene the Government's intentions. The Government talk about having to define licences that cannot be obtained, but at the same time leave in amendment (f), which is proposed in lieu of the Lords amendment, a mechanism that would require Ofcom to make determinations before people are able to apply for and exercise other licences. This strand of discrimination is still running right through the structure of the proposed legislation.

It seems that within that structure, if the Government have realistic concerns about the nature of the way in which the licences would be held and used by religious bodies or persons associated with those bodies, Ofcom has the powers to deal with that situation. At the point of acquisition or of merger, if a large organisation is involved, the media merger rules and the media plurality test could bite. They could bite on anybody who was likely to prejudice the achievement of the standards objective that is set out in clause 312. If that objective was not contravened or if the licence was not of sufficient size to justify such a test, the fact of the licence itself and Ofcom's control over it mean that anyone who owns such a licence would not be able to use it in ways that would be prejudicial to the public interest. I find it difficult to understand why this discrimination is persisting. In these circumstances I would prefer that we accepted, with the Lords, that the discrimination should be done away with rather than sending anything back in lieu.