A Short Note on the Smith Commission: Proposals to Devolve Broadcasting and Telecommunications to Scotland

14 Pages Posted: 2 Jan 2015

See all articles by Ewan Sutherland

Ewan Sutherland

University of the Witwatersrand, LINK Centre

Date Written: January 1, 2015

Abstract

The Smith Commission completed its work in short order, producing an agreement that would see significant further powers devolved to the Scottish government and parliament. Amongst the arrangements were some additional powers for the Scottish government concerning the work of the Office of Communications (OFCOM), the independent regulatory authority for broadcasting, posts and telecommunications. Additionally, a ‘formal’ role was proposed for the Scottish government in the consultations over the forthcoming renewal of the BBC Charter. The Scottish Parliament is to have annual reports of BBC Trust and OFCOM laid before it, though it already receives these.

Whereas, the Smith Commission omitted the appointment by Scottish ministers directors to important bodies, such as the Bank of England and the Gambling Commission. It also failed to recommend Scottish directors for the two other content regulators: the Authority for Television on Demand (ATVOD) and the British Board of Film Control (BBFC). The proposal for a Scottish director on the board of OFCOM is of doubtful effect, since the work of that body is subject to strong guarantees of its independence and any decision has to be defended before the Competition Appeal Tribunal (CAT). To increase Scottish influence, it would be necessary to have data and evidence submitted in response to the seemingly endless consultations conducted by OFCOM, something entirely absent. By making ad hoc and often confusing interventions, the Smith Commission lost the opportunity to consider systematic reforms, such a Joint Ministerial Committee for Regulation to coordinate input between the four administrations and joint committee of the legislatures to oversee the regulators.

Keywords: Telecommunications, Broadcasting, Broadband, Devolution, Governance, Competition, Regulation, Scotland, United Kingdom

JEL Classification: K20, K21, K23, L40, L50, L80, L90, L96, L97

Suggested Citation

Sutherland, Ewan, A Short Note on the Smith Commission: Proposals to Devolve Broadcasting and Telecommunications to Scotland (January 1, 2015). Available at SSRN: https://ssrn.com/abstract=2544506 or http://dx.doi.org/10.2139/ssrn.2544506

Ewan Sutherland (Contact Author)

University of the Witwatersrand, LINK Centre ( email )

1 Jan Smuts Avenue
Wits
Johannesburg, Gauteng 2000
South Africa

HOME PAGE: http://link.wits.ac.za/

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