My Lords, I am a firm supporter of child protection, as well as someone with a long-standing interest and involvement in broadcasting issues. The amendment in the name of the noble Baroness, Lady Benjamin, aims to improve the legislative framework to the benefit of both those areas, ultimately providing children with more opportunities to participate in performances of all kinds under a clear and robust framework of protection. I therefore very much welcome and support Amendment 268.
Most of your Lordships will be familiar with the appearance of children on our television screens, whether it is in documentaries, dedicated children’s shows, dramas or entertainment programmes. Children benefit from these appearances by gaining confidence and new skills, and it is important for society as a whole that children are both seen and heard in the media. Equally, we can all agree that children should have the right to participate in such programmes and that the process for ensuring that they are appropriately protected should be clear and consistent. As we have heard, unfortunately at present this is not the case.
In particular, I welcome the comments made by the noble Baroness, Lady Benjamin, around improving equality of opportunity. I have been a long-standing campaigner for equal opportunities for adults, and they are of equal importance for children. The noble Baroness talked about how some local authorities deny children in their regions the opportunities to participate, while others try to navigate the legislation. It cannot be an acceptable state of affairs for some children to be given the opportunity to participate in a programme while others are denied it purely because of the lottery, as the noble Baroness said, of where they happen to live. That must be changed so that all children of all ages can participate in a full range of programmes.
Protection of the child is at the heart of our discussions throughout the Bill and must be at the heart of any considerations here. I am assured that the broadcasting industry is not looking to get out of its responsibilities. As the noble Baroness, Lady Benjamin, said, this is about better regulation, which is the goal of all who sit in this House. The amendment would introduce a comprehensive, standardised risk assessment, covering all possible health and welfare issues, and make it more efficient and consistent. It would be underpinned by the existing regulatory framework that would continue to be in place.
Broadcasters are obliged under the Ofcom Broadcasting Code to have a duty of care to the,
“physical and emotional welfare and the dignity of people under eighteen”,
participating in programmes. That applies to all television programmes at all times. I know that a great deal of guidance is issued and that efforts are made by all in the industry to meet these responsibilities.
The amendment is aimed at providing much-needed reform to the current system and replacing it with a more consistent, clearer and, above all, fairer framework that puts risk at its heart. That means that rather than spending their time trying to navigate the complex laws and arbitrary definitions, the production companies, local authorities and broadcasters can better spend their time analysing the real risks and putting child protection more at the heart of their work. These changes will provide clarity and consistency to ensure that every child in performance is properly protected and that all children are licensed. I therefore urge your Lordships, particularly the Minister, to support this amendment.