Welsh Assembly Government Response to The National Assembly for Wales’ Broadcasting Committee
We welcome the findings and offer the following response to the twenty eight recommendations in the report.
Recommendations
National Assembly for Wales
1. The National Assembly for Wales should establish a standing committee on communications, responsible for scrutinising the work of the Welsh Ministers in relation to broadcasting and related cultural and creative industries; the development of broadband, IPTV and associated technologies.
This is a matter for the National Assembly for Wales. Should the National Assembly decide to establish a standing committee the Welsh Assembly Government would be happy to offer the committee every assistance in its work.
Welsh Assembly Government
2. The Minister for Heritage, with other Ministers, should develop a communications strategy on behalf of the Welsh Assembly Government. This strategy should include those policy areas within the Welsh Assembly Government that deal with broadcasting policy, creative Industries policy, language and culture and broadband policy; and they should be brought together as one formal cross-cutting policy unit, working across the present departmental structure.
Recommendation Partially Accepted - the Welsh Assembly Government is committed to the development of an integrated communications strategy. The strategy will encompass the development of broadband infrastructure and creative industries as well as setting priorities for broadcasting. The Welsh Assembly Government will consider structural and staffing issues as part of the development of this strategy. In advance of this, a cross-cutting group has been established involving officials from the Department for Economy and Transport and the Department for Heritage to take forward work in this area. This group will also develop the Welsh Assembly Government’s response to Phase 2 of Ofcom’s second review of public service broadcasting.
3. The Welsh Assembly Government should develop closer links with the broadcasters and regulators. It should work collaboratively with other organisations, including specialist broadband and IPTV companies, and higher educational institutions, to develop a better understanding and to intervene effectively in the development of the broadcasting sector, creative industries and the effective use of new technologies.
Recommendation Accepted - the Welsh Assembly Government believes that a wide range of organisations have a contribution to make to the implementation of an integrated communications strategy. We maintain close links with the broadcasters as well as a wide range of organisations in the broadcasting and communications sector. Our aim will be to deepen these links in future and to ensure regular meetings are held between Ministers and the broadcasters, regulators and related organisations.
4. Both the National Assembly and Welsh Assembly Government should monitor Ofcom’s PSB consultation process, and provide timely responses to Ofcom’s ongoing review of public service broadcasting during the next year.
Recommendation Accepted - the Welsh Assembly Government responded to the first phase of Ofcom’s PSB consultation process. It is also our intention to respond to the second stage of that process and to seek to influence the Government response to Ofcom’s recommendations in due course. Even though broadcasting is not a devolved matter this reflects our commitment to ensure that the interests of Welsh citizens are fully reflected in the development of UK policy in this area moving forward. Welsh Assembly Government Ministers will also continue to meet with the relevant UK Government Ministers to discuss those aspects of broadcasting policies which have a particular bearing on Wales.
5. At present, the Welsh Assembly Government is represented by the Department for Culture, Media and Sport on the UK Government’s Convergence Group, which is currently reviewing the whole of broadcasting and regulation in the UK. We recommend that the Welsh Assembly Government should have direct representation on the Convergence Group, as a matter of urgency.
Recommendation Accepted - the UK Government’s convergence group was established so as to provide high level technical input to the development of DCMS policy in this area. We are discussing with DCMS how the group’s work might best reflect interests of Welsh citizens and contribute most effectively to the development of policy towards the UK’s nation and regions.
6. Welsh Ministers should have a separate Memorandum of Understanding in place with Ofcom, similar to the Memorandum of Understanding that is in place between Ofcom and the Scottish Government.
Recommendation Accepted - work is already underway to develop a Memorandum of Understanding between the Welsh Assembly Government and Ofcom. The Memorandum will seek to codify and enhance the highly productive working relationship that already exists between the two organisations.
7. The Welsh Assembly Government should work closely with broadcasters and the independent sector in Wales to identify and encourage talent in Wales and the development of independent production.
Recommendation Accepted - the Welsh Assembly Government believes that our aim to see a greater share of network commissioning originate from Wales represents an important challenge for Welsh broadcasters and independent producers. Our aim will be to strengthen joint working aimed at developing the talent that will enable us to benefit fully from the exciting opportunities that are now in prospect.
The Welsh Assembly Government is working closely with Skillset, the Sector Skills Council (SSC) for Creative Media including television, film, radio and interactive media to ensure the specific needs of the industry in Wales are met and suitable training is put in place. Skillset Cymru has developed and agreed Sector Skills Agreements (SSA) with stakeholders in Wales (including the Welsh Assembly Government) which sets out the particular issues for the sector and specific actions including developing new training programmes approved by business and developing suitable learning provision.
The Intellectual Properties (IP) Fund remains central to the support provided to the independent sector. The IP Fund was established as part of the Welsh Assembly Government’s Creative Industry Strategy which was launched in 2004. The IP fund was established to provide gap funding for individual creative IP projects, such as a TV series or film, based in Wales. Finance Wales manages the IP Fund on behalf of the Welsh Assembly Government and to date has invested over £6m into 18 intellectual property assets across film, TV and new media, levering in over £13m of direct industrial economic spend on Welsh crew, locations, technicians, post production services and talent.
8. The Welsh Assembly Government should commission an annual assessment of the portrayal of Wales on network output by each of the main PSB broadcasters, including news provision.
Recommendation Partially Accepted - the Welsh Assembly Government places a considerable emphasis on strengthening the portrayal of Wales on each of the main broadcasting networks. Assessing how successful these efforts have been is a matter for the BBC Trust, the S4C authority and Ofcom. The Welsh Assembly Government will work with Ofcom to see how this aspect of its work might be strengthened in future. Welsh Assembly Government Ministers will continue to discuss the portrayal of Wales on network output as part of their regular meetings with the broadcasters.
9. With regards to BBC news, the Welsh Assembly Government should consider the BBC senior management’s response to the King report; and regularly monitor the implementation of the BBC’s action plan. The Welsh Assembly Government’s monitoring report should be published.
Recommendation Partially Accepted - responsibility for monitoring the BBC management’s response to the King report lies with BBC Trust. The Welsh Assembly Government will look to the BBC Trust and Audience Council for Wales
to publish its assessment of the effectiveness of the BBC’s response to the King report in due course. Welsh Assembly Government Ministers will expect to discuss this assessment with the BBC Trust and the Audience Council for Wales.
BBC
10. Ofcom and the Welsh Assembly Government should monitor progress towards the BBC’s 5% network production target. Targets should also be set for all remaining PSB channels.
Recommendation Accepted - the Welsh Assembly Government has made it clear that it believes that each of the PSB channels should commission at least 5% of network programmes from Welsh producers. It would be for the BBC Trust in the first instance to monitor the BBC’s production targets. We look to Ofcom to set stretching targets for the other PSB channels. It should be noted that the 5% target for network commissions is an internal target set by BBC Wales, and has not yet been accepted by the BBC Executive Board; though the Board has agreed that a 17% minimum of network commissions should come from the UK Nations.
11. The growth in network production for the BBC in Wales should not be confined to in-house BBC production but should also contain a measurable commitment to the independent sector throughout Wales.
Recommendation Accepted - the Welsh Assembly Government believes that increasing network commissions from Wales should be achieved by a mix of in-house and independent producers. We welcome the recent decision of the BBC Trust to ensure more of the BBC's network television production takes place in Wales, Scotland and Northern Ireland and that in future at least 17% (under the OFCOM definition) of the BBC's network commissions will come from those nations. Within this target, we would expect the BBC to ensure that the proportion of commissions for Wales matches or exceeds our UK population share (5%).We will continue to work with the BBC and others to strengthen the independent production sector so that it can seize this important opportunity.
12. That the BBC investigates distributing the production centres of its portfolio of channels throughout the UK as a means of maintaining an equitable distribution of network production from around the UK.
Recommendation Accepted - if the BBC is to develop a sustainable production base in Wales the BBC should consider locating a major production centre in Wales.
We welcome the announcement that the BBC is considering establishing a "drama village" in Wales and relocating a long running drama series to Cardiff. A major production centre such as this would help to develop a sustainable production base in Wales, and we are already helping with this project, for example in identifying a suitable site. Ministers are anxious that everything possible should be done to bring this proposal to fruition.
13. The £130 million which is currently identified as the element of the licence fee allocated to the BBC’s work in facilitating the digital switchover process be used from 2012 to part-fund PSB provision across the UK, with an appropriate proportion assigned to a mainstream service in Wales, similar to Channel 3’s present service for Wales.
Recommendation Partially Accepted - the Welsh Assembly Government has made clear its support for a strong BBC funded by the licence fee and which reflects the interests of Welsh citizens . We believe that the licence fee remains the best means of ensuring continuation of the important range of services which the BBC provides in Wales. . The Government should be prepared to consider a range of alternative methods of ensuring Welsh specific content. But these will need to be assessed against the continuing need to ensure that Wales specific services are delivered via the licence fee.
14. Some of this funding should be made available for PSB content in other media and suppliers including supporting an independent radio news service for commercial radio in Wales. We agree that there will be a need to fund public service broadcasting beyond the BBC after 2012.
Recommendation Partially Accepted - for the reasons set out above. The Welsh Assembly Government has made clear its concern that there should be no reduction in ITV’s PSB commitment in Wales.
15. The BBC Trustee for Wales should be appointed by the appropriate Welsh Assembly Government Minister, and the appointment approved by the National Assembly for Wales.
Recommendation Not Accepted - the Welsh Assembly Government plays a full part in the appointment process for the BBC Trustee for Wales which is undertaken in accordance with Nolan principles. A senior official from the Welsh Assembly Government’s Heritage Group is a member of the appointment panel. The existing process reflects the Welsh Assembly Government’s strong interest in broadcasting matters whilst also acknowledging that this is a non-devolved matter. We do not believe that it would be appropriate to introduce an additional level of scrutiny for the appointment of the BBC Trust for Wales in isolation.
16. We recommend to BBC Management that Wales’s senior manager should be a member of the BBC’s Executive Board.
Recommendation Not Accepted - This is a matter for the BBC management but the Assembly Government will continue to discuss with the BBC how Wales is represented on its structures.
S4C
17. S4C should consider and publish proposals for aiding future English language provision.
Recommendation Not Accepted . - the sharing of technical facilities and back office functions would be very much in line with the Welsh Assembly Government’s Making the Connections programme. We would welcome an initiative by Welsh broadcasters to reduce the overheads associated with broadcasting from Wales. But we believe that this is a matter for each of the broadcasters in Wales to consider and not a matter for S4C in isolation. The Welsh Assembly Government does not support any change to S4C’s remit.
18. The Chair of the S4C Authority should be appointed by the appropriate Welsh Assembly Government Minister, and the appointment approved by the National Assembly for Wales.
Recommendation Not Accepted - the Welsh Assembly Government plays a full part in the appointment of the Chair and members of the S4C Authority which is undertaken in accordance with Nolan principles. A senior official from the Welsh Assembly Government’s Heritage Group is a member of the appointment panel.
The Welsh Assembly Government does not believe that it would be right to remove responsibility for appointing the Chair from the Secretary of State for Media, Culture and Sport in the absence of any moves towards devolving responsibility for broadcasting matters more generally.
Ofcom
19. Ofcom should have a representative from Wales as a member of its Board. We recommend that the member should be appointed by the appropriate Welsh Assembly Government Minister, and the appointment approved by the National Assembly for Wales.
Recommendation Accepted - the Welsh Assembly Government has consistently argued that there should be a Welsh member on the Board of Ofcom. We believe that the growing competitive pressures facing the broadcasting sector make this more rather than less important. We believe that this matter should be addressed in any forthcoming broadcasting legislation.
20. Regarding Ofcom’s four models, we propose an alternative option that would concentrate on ensuring the continuing viability of an alternative PSB provider to the BBC in Wales, by providing that ITV Wales continues with its present PSB commitments - in both news and non-news - until 2012, at least.
Recommendation Accepted - the Welsh Assembly Government has emphasised the importance of ITV Wales to maintaining plurality within Wales across news and current affairs coverage. Up until 2012 we believe that this plurality would be best safeguarded by maintaining the existing PSB commitments on ITV Wales. We strongly support the Committee’s proposal that Ofcom should consider alternative options for the provision of commercial English language programmes in Wales. Welsh Assembly Government Ministers look forward to discussing this with Ofcom as a matter of urgency.
ITV
21. That Ofcom ensures that ITV plc’s present level of programming for Wales is maintained. We request ITV to improve the portrayal of Wales on ITV network services and increase the commissioning of productions from Wales.
Recommendation Accepted - the Welsh Assembly Government will continue to work with the broadcasters and the independent production sector to ensure that Welsh producers can pitch successfully for network commissions.
22. The UK Government, in its forthcoming communications legislation, should create a licence for Wales, separate from the ITV licence for England; and we recommend that the possibility of creating an affiliated licence for Wales is considered further by Ofcom and ITV. We believe in those circumstances that Ofcom should ensure that a PSB content fund, administered by an authority or agency, be created in order to address the withdrawal of PSB programming by ITV.
Recommendation Partially Accepted - the Welsh Assembly Government strongly agreed that Ofcom should consider the establishment of a separate broadcasting licence for Wales including a suggested model of a Channel 3 affiliate licence. We believe that the question of a fund to support PSB content should be considered separately once this initial study has been completed. A full business plan should also be created to support any fund.
Channel 4
23. Ofcom should require Channel 4, as a public service broadcaster, to achieve a minimum target of 5% of network production from Wales by 2012. Channel 4 should also commit to improve its portrayal of Wales in its news and non-news programming, and Ofcom should hold it to account to do so.
Recommendation Accepted - the Welsh Assembly Government welcomes the fact that following digital switchover Channel 4 will become available to all viewers in Wales for the first time. We believe it would be appropriate for Channel 4 then to be subject to PSB obligations that reflect this new status.
Digital Switchover
24. That Ofcom ensures that S4C services are continually available on digital platforms throughout the switchover process throughout Wales.
Recommendation Accepted - the Welsh Assembly Government does not believe there should be any diminution in the services made available to viewers in Wales post digital switchover. Welsh Assembly Government Ministers and officials will continue to meet with Digital UK, Ofcom, and the UK Government’s Digital Switchover Group at regular intervals to be kept informed of relevant developments in relation to digital switchover.
Radio
25. That Ofcom implements the Digital Radio Working Group’s recommendation - that no switchover should take place unless there is a guarantee of at least 97% coverage for DAB throughout Wales.
Recommendation Accepted - the Welsh Assembly Government would not be in favour of digital switchover unless there was a guarantee of at least 97% coverage for DAB throughout Wales. The Welsh Assembly Government does not believe that the case for radio switchover has yet been made successfully. The Welsh Assembly Government will also regularly meet with representatives of the Digital Radio Working Group
26. That Welsh Ministers, in conjunction with Ofcom, review the possibility of devolving the allocation of commercial and community radio licences in Wales.
Recommendation Not Accepted - the Welsh Assembly Government understands that the commercial radio licences for Wales have already been allocated. Against a backdrop of digital convergence the Welsh Assembly Government does not believe that it would be sensible to attempt to devolve individual aspects of the broadcasting infrastructure in isolation from the rest. For topographical and logistical reasons, allocation of community radio licenses on a Welsh only level may not always be best practice as there are many areas along the border, and the Bristol channel, where the broadcast footprints overlap. Ofcom’s current system takes these overlaps into consideration, and allocate licenses on a more regional level.
Broadband
27. The Welsh Assembly Government should commission an independent investigation into the physical and financial practicality of the different options and combinations for the future development of broadband in Wales.
Recommendation Partially Accepted - An independent investigation of options around second generation broadband was conducted on behalf of the Welsh Assembly Government by Analysis in 2006. The Welsh Assembly Government is committed to ensuring that policy development is supported by a firm platform of evidence. The Welsh Assembly Government also recognises that widespread access to affordable, secure broadband is important to businesses and citizens across Wales. It is important that the telecommunications infrastructure in Wales is able to meet this challenge and thus able to help build a thriving and prosperous Welsh economy. To this end, the Welsh Assembly Government is, and has been for some time, working with the telecommunications industry and the communications regulator, Ofcom to share information on communications infrastructure issues, understand barriers to investment, including regulatory and economic issues, and inform future policy making in this area. A decision on whether or not to refresh the investigative research outlined above will be considered as part of an ongoing exploration of communications issues.
Subtitles and Sign Language
28. All PSB broadcasters should deliver a consistent standard of services for deaf people. We recommend that Ofcom should monitor delivery of services to deaf people by broadcasters; and ensure that broadcasters have procedures in place to deal with complaints in a transparent and timely manner.
Recommendation Accepted - the Welsh Assembly Government believes that the standard of services offered to deaf people should be no less in Wales than they are in the rest of the UK.
