Written Ministerial Statement by the Secretary of State
Published 27 June 2019
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Times/Sunday Times application to vary 1981 conditions
On 10 January 2019, News UK submitted an application to vary certain conditions put in place in 1981 by the then Secretary of State for Trade. The proposed changes would allow The Times and The Sunday Times to share journalistic resources, subject to the agreement of each newspaper’s editor.
Having considered this application [using my quasi judicial power as Secretary of State as set out in the Enterprise Act 2002] alongside the representations made to the Invitation to Comment published on 17 January 2019, I concluded that there had been a material change in circumstances since 1981 that would justify the variation as the effect of the proposed changes did not, in my view, materially impact on the public interest considerations as set out in Section 58 Enterprise Act 2002.
In my Written Statement to the House on 11 April 2019, I announced that I was minded to accept News UK’s application to vary the 1981 undertakings. However, in considering the proposed new undertakings as a whole, I also noted that the existing governance arrangements lacked clarity and certainty over roles and responsibilities. Before agreeing the application, I therefore made clear to News UK that their proposals needed to be suitably updated and enhanced to reflect corporate best practice.
I asked officials at the Department for Digital, Culture, Media and Sport (DCMS) to take forward discussions on these issues with News UK in order to consider proposals from News UK which would address my concerns. Following the conclusions of these discussions, News UK have submitted revised undertakings which, in my assessment, represent a sufficient improvement on those contained in the original proposal and which substantially meet my concerns. I therefore propose to accept the revised News UK undertakings.
Before doing so, and in line with the Enterprise Act 2002, I have today published a Consultation Notice on the Government website seeking representations on the proposed undertakings. I have also published the revisions to the Times Newspaper Holdings Limited Articles of Association, which give effect to the agreed changes.
Views are sought on the revised News UK undertakings and the supporting documents by 10am on Monday 15 July 2019. Responses should be sent to media-mergers@culture.gov.uk or to DCMS Media Team, Department for Culture, Media and Sport, 100 Parliament Street, London, SW1 2BQ.
I will consider any representations received on the revised undertakings before this deadline, and will consider whether any further modifications are required in light of them, or if the undertakings are now sufficient. I will keep the House informed of further developments with this matter.