Labour Party: Partnership in power policy consultation - BECTU comments

13 May 2008

1. As an affiliated trade union whose members work in the media and live entertainment sectors, we give below our general comments on the draft final year policy documents on Creating Sustainable Communities and Prosperity and Work. We present our arguments in summary form but can provide supplementary information if required.

Creating sustainable communities

2. Our comments are geared to the section on 'Arts, Culture and Sport'.

Broadcasting

3. We agree with the aim 'to secure a strong BBC'. The Corporation is and should remain the cornerstone of our public service broadcasting (PSB) system. However, the BBC is currently struggling with the impact of an unsatisfactory licence-fee settlement. This is compounded by the larger funding crisis in our PSB system, which also encompasses the commercial PSBs of ITV, Channel 4 and Five. We face the funding crisis in this area due to the growth of competition from non-PSB digital channels and the resulting fragmentation of audiences and revenue. These issues are currently being addressed in Ofcom's 2nd PSB Review.
4. Our view on future sources of funding for commercial PSB is as follows:
   • We oppose the use of general taxation.
   • We are fundamentally opposed to 'top slicing' the BBC licence fee ie opening up licence fee funding to other providers. We believe this would seriously damage the BBC; would redirect public resources to private profit; would introduce a layer of wasteful competition with high transaction costs (in the event of any new agency for allocating these funds); and would lead to a net reduction in original programme production.
   • We favour, instead, the provision of gifted/discounted spectrum to PSBs together with funding from extra advertising minutage.
   • Furthermore we would particularly favour the introduction of a levy on non-PSB broadcasters (eg BSkyB) and other platforms (eg telecoms, internet service providers, cable). BSkyB is a lucrative commercial franchise which, relative to its revenue stream, produces a pitifully small amount of original programming. A levy on such outlets is both justifiable and affordable in our view.
5. More generally, we support a pluralistic PSB system incorporating strong and continuing PSB roles for BBC, ITV and Channel 4. We are particularly keen that ITV retains at least its current level of news output in the nations and regions.

Film

6. While welcoming the Government's new tax incentives for UK film production, we seek an amendment of the requirement that this should only apply to spending on goods and services 'used and consumed' in the UK. We believe this encourages the use of non-EU labour in the UK and provides a disincentive for the use of UK crews and services abroad.
7. We are also concerned about the new managed migration system, as it will apply in the film industry. We believe there needs to be a fair and reasonable level of protection for the resident labour market (which would reinforce, on the principle of 'joined-up government', the welcome support provided by government for training/retraining our domestic skillsbase in this area).

Theatre/Arts

8. We believe that the Arts Council of England's programme of cuts has undermined the increased funding arising from the Comprehensive Spending Review. We would welcome a continued commitment to public funding of the arts and against any return to the 'stop-start' funding pattern of the past.

Diversity in the workplace

9. BECTU is seeking to establish, with public funding and support, a Union Diversity Fund to achieve greater progress on race equality in the workplace - building on the success of the union's 'Move on Up' programme.
10. Move on Up, based on 5 events so far, has allowed approximately 1000 black and minority ethnic professionals to meet hirers/commissioners and has led to an estimated 100+ jobs/commissions/opportunities obtained in our sector.

Prosperity and work

11. Our comments are geared to the section on;'Better Workplaces' and 'Trade Unions'.

Employment status

12. We speak from the perspective of a union with almost 50% of our members on freelance/short term contracts, whose daily experience is of chronic job insecurity.
13. The problem is that UK employment law recognises 'employees' for some purposes and 'workers' for others but effectively excludes self-employed freelances from clear and unambiguous access to employment rights (especially unfortunate in a long-hours industry where working time rights are important). These are individuals who rely on companies to provide work in a casualised freelance labour market; they are not entrepreneurs; and they often work side by side with others who have worker status.
14. We therefore call for a new and inclusive definition of 'worker' providing access to all relevant employment rights, together with a presumption of coverage for all workers and a burden of proof on employers to show that an individual is not a 'worker'.

Long-hours

15. As indicated, our industry is characterised by long-hours working, especially for freelances (eg 12 hours+ per day; 60 hours+ per week). This is compounded by the widespread use of upfront contracts including clauses containing an opt-out from the maximum 48-hour week. For freelances needing work the opt-out has, in this context, become compulsory. We therefore call for a conclusion to the standoff at European level,an end to the opt-out and a ban on upfront contracts with such waiver cluases.

Vulnerable workers

16. We remain concerned about vulnerable workers in our sector:
    • Film and TV extras/walk-ons subject to upfront agents' fees and fees for spurious casting books.
    • The exploitation of young workers entering the industry asked to work as 'volunteers' for no pay.
17. We believe these issues should be addressed through reintroducing the licensing of entertainment agencies; banning upfront/casting book fees in the sector; tightening the regulations governing 'volunteering'.

Health and safety

18. Self-employed freelances have no clear legal eligibility to act as safety representatives - which leaves a potentially high risk area (independent film/TV production in temporary workplaces/locations) without any adequate system of safety representation.
19. We call for the introduction of roving safety reps and specifically for the amendment of Regulation 8 of the SRSC Regulations to allow BECTU (alongside Equity and the Musicians Union) to provide safety representation by means of roving reps or full-time officials.

Conclusion

20. We hope you will take note of our views on these issues. We are happy to provide supplementary evidence if required.