Source · Select Committees · Culture, Media and Sport Committee
Recommendation 10
10
Rejected
Paragraph: 43
Mandate affirmative procedure for regulations designating radio selection services in Media Bill.
Recommendation
We disagree with the Government’s conclusion that the negative resolution procedure is appropriate for regulations designating a radio selection service or amending its definition. The Bill does not require the Secretary of State to accept Ofcom’s recommendations and allows her to substitute her own. The requirement Draft Media Bill: Radio Measures 23 to give reasons if the regulations differ materially from Ofcom’s recommendations is welcome but will be a token gesture if those reasons are not subject to scrutiny before the secondary legislation comes into force. We recommend regulations that designate and specify descriptions of radio selection services are subject to the affirmative procedure.
Government Response Summary
The government rejects the recommendation for affirmative procedure, stating that the Bill no longer designates via description, and that specific designation is a largely administrative step where the framework is set by Parliament and Ofcom provides advice.
Paragraph Reference:
43
Government Response
Rejected
HM Government
Rejected
The Committee will note that since publication of the draft Media Bill in March, the Bill no longer includes provisions enabling designation via description. Instead, the new provisions limit this to specific designation. The Government does not, however, agree that the affirmative procedure would be proportionate here. Parliament will set the framework for designation through the passage of the Bill. Advice on which services and platforms meet the definitions set out in the framework will be a matter for Ofcom. The designation itself is therefore a largely administrative step.