London Calling – the BBC, Channel 4 and the Problem of the English Regions

(Part 1 of 2) The regulatory framework for public service television broadcasters, such as the BBC and Channel 4, contains a unique provision which requires them to produce part of their programming outside of London. How this works, how it is policed by Ofcom, and how the broadcasters respond to it, provide an insight into the serious structural problems with the government and economy of the UK, in particular the English regions.  

Every year, the UK media regulator, Ofcom, publishes a set of data which receives far less attention than it deserves. This is the annual ‘Made outside of London‘ register, a list of television programmes produced outside the capital by, or on behalf of, the UK’s four public service broadcasters (the PSBs – BBC, ITV3, Channel 4 and Channel 5).

Two things are surprising about this document. The first is that it exists at all. Regulatory bodies typically have no interest in whether, or to what extent, their regulated sectors contribute to economic activity in the UK’s constituent nations and regions. The second (which explains the first) is that Ofcom compiles the data to monitor compliance with duties imposed by Parliament. Each PSB is under a legal obligation to ensure that part of its programming is produced somewhere other than London.

This represents an exceptional, in fact unique, example of the law being used to require a measure of decentralisation in a major sector of the UK economy.

The data would merit scrutiny if only because they were so unusual. On examination, it turns out that they also offer a stark illustration of the underlying structural defects in the government and economy of England.

Continue reading London Calling – the BBC, Channel 4 and the Problem of the English Regions

Anarchy in the UK

In the case of Buick, the Northern Ireland High Court explored whether government departments can continue to operate as normal in the absence of ministers due to the collapse of the devolved administration in Belfast. It reached a striking conclusion which, if upheld on appeal, would have significant constitutional and practical implications. It was mistaken.

The United Kingdom is currently engaged in an experiment in political anarchism. For over a year, it has been exploring what happens when one part of the country, in this case Northern Ireland, is required to carry on without an elected government.

The experiment arose inadvertently, and on the surface very little has changed. Belfast 2018 is not the anarcho-syndicalist utopia of Barcelona 1936, nor has it suddenly lapsed into a Hobbesian state of nature. But the very reason why hardly anything appears to be different – the continuity that is provided by the de facto technocratic government of the Northern Ireland Civil Service – gives rise to constitutional questions of real importance. The most fundamental question is this: can day-to-day government be carried on by civil servants without the need for direction or control by politicians; if so, subject to what conditions and within what parameters?

It was only a matter of time before this question fell to be considered in a court of law. And it has been, in the recent case of Buick [2018] NIQB 43, in which the High Court was asked to determine whether Northern Ireland’s ten government departments are able to carry on without ministers in charge. It came to a surprising and unintentionally radical conclusion.

Continue reading Anarchy in the UK