Schedule - Further provision about OFCOM

Part of Office of Communications [Lords] – in a Public Bill Committee at 11:15 am on 29 January 2002.

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Photo of Kim Howells Kim Howells Parliamentary Under-Secretary, Department for Culture, Media & Sport 11:15, 29 January 2002

It gives me great pleasure to withdraw the compliment that I paid the hon. Lady—she was not refreshingly honest after all.

The scope of Ofcom's initial function would be expanded to include any proposals made by the Secretary of State to bring the BBC board of governors within its remit. Under amendment No. 20, a person would not be prevented from being appointed as chairman or a non-executive member of Ofcom simply because of his membership of the BBC board of governors.

I made clear on Second Reading that the purpose of the Bill is to set up Ofcom and lay down its initial functions. Much of what was said during the debate was not relevant to the Bill. A number of remarks were made about the relationship between Ofcom and the BBC—indeed, that issue formed the meat of the debate. I said that we would look at the issue seriously, which we are doing. However, the time for serious, detailed discussion of the issue will be when the draft version of the main communications Bill is published in spring. I hope that hon. Members have received a briefing note that sets out clearly the Government's policy on the BBC and Ofcom. I do not intend to go into the detail of the proposed arrangements at this time because that is not what the Bill is about.

I shall resist the amendments, because clause 2 already gives Ofcom the power it needs to facilitate or secure the modification of any proposals relating to the BBC. I cannot stress enough that the power already exists. Under clause 2(1), Ofcom has the power to do whatever is appropriate in preparing for its task. The BBC's charter will allow it to prepare for implementing our legislative proposals. The phrase

whether by transfers from the existing regulators or otherwise

in clause 2(3) means that Ofcom's power is not limited to transfers from existing regulators, as defined in the Bill, but that transfers from the BBC can be included.

I am satisfied that the powers in the Bill are sufficient to cover the points that we are debating. They will allow Ofcom and the BBC to make preparations for implementing the new regulatory regime. When the time comes, they will not prevent proper debate of the exact relationship between Ofcom and the BBC, nor will they pre-empt the outcome of that debate.