How Stuart Prebble helped to change Margaret Thatcher’s mind on broadcasting

Obituaries of the former ITV executive, author and producer Stuart Prebble who has died aged 74 rightly pay tribute to his creativity and enterprise. One episode which has not been mentioned, in fact Stuart didn’t include it in his own autobiography, was how his skills as a political lobbyist helped to make crucial changes in the 1980 Broadcasting Act which created a new regime for commercial television in the UK. In 1989 Stuart helped to form the Campaign For Quality Television with colleagues from Granada Television and a former colleague Simon Albury as its Director. Sadly Simon died last September so we have lost two highly respected champions of the TV industry in less than 12 months.

Simon and Stuart set out to thwart what they described as ‘Thatcher’s wrecking ball’, the Prime Minister’s plan to award regional ITV franchises to the highest bidder with no quality checks. Their aim was to persuade David Mellor, the Minister in charge of steering the legislation through Parliament, that cash alone could not win a licence. Fortunately Mellor regarded them not as the salaried employees of ITV, which they were, but as a producers’ lobby, even if was partly funded by ITV.

In December 1989 Mellor met Albury and Prebble and three other programme-makers plus comedians Rowan Atkinson and Terry Jones of Monty Python. They floated the idea of a ‘quality threshold’ over which a company had to pass in order for its bid to qualify. There were several more meetings.

The Chairman of the regulator, Sir George Russell, had similar ideas and Mellor was influenced by Russell’s judgment. What was not known at the time but was revealed in Prime Ministerial papers released much later was that two of Thatcher’s most trusted advisers, her deputy Lord Whitelaw, and her Press Officer Bernard Ingham also weighed in on the producers side of the argument. (See my February 2017 blog ‘When Willie warned Maggie he was ‘horrified and deeply antagonistic’ about her plan for British TV’).

On the 9th June 1989 Lord Whitelaw wrote on House of Lords notepaper; ‘Dear Margaret,I apologise for bothering you when you have so many major problems confronting you. But I feel I would be letting you down if I did not tell you at once of my deep anxiety about future Broadcasting policy. If the leaks about the Cabinet Committee are correct -they are certainly widespread- I must stress that I would be horrified and deeply antagonistic if franchises were automatically to go to the highest bidder without clear safeguards . I am convinced that any such course inevitably leads to a major loss of quality in TV programmes. I cannot believe it would be right to sacrifice quality in the hope of greater financial gain. It would certainly be very unpopular in many quarters. Sorry to bother you.Yours ever,Willie’.

Press Secretary Bernard Ingham was even more direct to Thatcher ; ’Politically you are most vulnerable in the area of quality. You, of all people, must not go down in history as the person who ruined British television’.

The outcome was that the Broadcasting Act incorporated an ‘exceptional circumstances’ clause which enabled the regulator to disqualify a bidder whose programme plans did not meet a quality threshold. One of the beneficiaries was Granada TV itself which was outbid by a challenger but which kept its licence because the newcomer was deemed to have failed the quality test while Granada passed. Prebble and Albury had done their bosses a very big favour.

I’VE  READ ALL 10,101 PAGES OF BBC BASHIRGATE EMAILS (SO YOU DON’T HAVE TO) AND WHY 1,737 OF THEM JUST SAY ‘LPP’

The most prominent initials in the documents released on January 30 are LPP, that’s Legal Professional Privilege. It appears on no fewer than 1,737 of the 10,101 pages, and that’s not including when it is expressed in a longer form as ‘Legal Privilege -s42’ a reference to Section 42 of the Freedom of Information Act which provides confidentiality for advice from lawyer to client.

The BBC has held back from public view hundreds of pages of internal emails covering crucial moments in its handling of the so-called ‘Bashirgate’ affair. They have long said that they would withhold entirely approximately 300 emails for legal reasons. I’ve no way of confirming that that’s the number they’ve withheld but reading through the files you encounter page after page of LPP.

This tactic is a very big bet by the BBC. Until now it has not had to explain these redactions to anybody but In the next stage of the legal process, which is scheduled to come to a head in March or April, it will have to provide justifications to a judge. If he disagrees with their rationale the hidden emails may become public.  The most persistent campaigner for transparency, Andy Webb of Blink Films, will certainly be pressing for that. 

One crucial test will be whether the redacted communications were made for what the Information Commissioner’s Office calls ‘the dominant (main) purpose of seeking or giving legal advice’. So, for example, does a group email between BBC executives count as ‘legal advice’ because one of the participants was an in-house lawyer. 

As a result of all the redactions it is impossible to come to any firm conclusion on the BBC’s handling of the release in 2020 of key 1995 and 1996 documents about Martin Bashir’s interview with Princess Diana. The three months covered in 2020 focus on the autumn when 3 rival broadcasters, ITV, Channel Four and Five , prepared programmes for the 25th anniversary of the interview.  The BBC which in 2007 had said it didn’t have any documents and then said in June 2020 that it did but wouldn’t release them, now decided to release some. But beyond that it went from ‘the BBC does not intend to take any further action on events which happened 25 years ago’ to appointing a former judge, Lord Dyson, whose report was damning about Martin Bashir’s conduct back in 1995. Quite a policy shift. So if, as most people now agree, there was a cover-up back in 1996, was there an attempted cover-up in 2020 which began with ‘tell them nothing’ but under pressure ended with ‘let a Judge find out’? 

We can’t be sure because of the withheld documents, there is certainly no firm evidence of it so far.The only hint of any ‘smoking gun’ is in an email from a BBC solicitor to a former BBC executive alerting him on the 19th October 2020  that documents in which his name is mentioned are about to be released that day. The key sentence is ‘we are not releasing all of the internal investigations documents at this present time’ which implies the BBC knew there were documents which would not be released.

The other key takeaway after my reading of the ten thousand:

In 1996 BBC executive Anne Sloman wrote an internal note after reviewing how Martin Bashir had got his exclusive interview with Princess Diana. She concluded: ‘The Diana story is probably now dead, unless Spencer talks. There’s no indication that he will’. 

25 years later BBC bosses clearly didn’t heed that warning. They failed to pick up the warning signs that Princess Diana’s brother was going to talk and very loudly at that, and the Daily Mail would help. 

On 21st October 2020 film-maker Andy Webb, commissioned by Channel Four, emailed Charlotte Morgan in the BBC Press Office. He set out the BBC’s traditional account of what happened back in 1995 and went on: 

‘We have recently spoken with someone intimately connected with these events and have received a different account. Our information is that at an 11.30 am meeting at Althorp on August 31 1995 Earl Spencer was told by Mr Bashir that he, Bashir, had a contact within MI5 who had important information regarding surveillance of Princess Diana’. 

Webb set out a series of facts as revealed to him by ‘our source’. He never named the source but it must have been obvious to any reader that these details could only have originated from Earl Spencer. Webb ended by asking: ‘ Given the many conflicting versions of what really took place, and as you have pointed out, the historic importance of the Panorama broadcast, has the BBC given any consideration to a full independent inquiry to determine what actually happened? ‘

In the BBC Press Office Charlotte Morgan seemed to understand the implications. She circulated Webb’s email to 8 top BBC people including Phil Harrold, Chief of Staff to DG Tim Davie. Harrold seems to have been the ‘go to’ person in the email chains. She added a covering note:

‘ What timing. Sorry to disturb your evening’s viewing. Channel 4 are not letting this rest. They have a ‘source’ (who seems very well connected to Earl Spencer), challenging our timeline and calling for a ‘full independent inquiry’. I mean what can we say beyond that a quarter of a century on, we can only go on contemporaneous BBC records, as we made clear to them previously, and with the testimony of the Princess herself, in the form of her note? Clearly we need to discuss. Charlotte’. Phil Harrold replied: ‘No worries,I’ll arrange a call for tomorrow’ .

There are no released emails about what was said and decided on that call or what was discussed with Tim Davie, but at 1158 on October 23. Charlotte Morgan emailed Andy Webb ‘‘the BBC does not intend to take any further action on events which happened 25 hears ago’. The request for an independent inquiry was ignored, the BBC was not going to budge. 

Later that day, at 15.01, Lord Spencer emailed Tim Davie for the first time setting out his detailed case against Bashir. He concluded: ‘If you agree that something needs to be done, now, then I look forward to hearing from you as to what you might propose. Yours sincerely, Charles Spencer’.

An email thread between the two men began in which over the coming weeks, step by step, the BBC would have to back down from its ‘do not intend to take any further action’ position and eventually agree to an independent inquiry. 

Towards the end of the correspondence, on 3 November, Phil Harrold circulated a draft of Davie’s proposed next response to Spencer. It contained the line: ‘I am also happy to meet with you, along with senior editorial executives who are close to these issues, to discuss this directly.’

In the eventual email this was watered down to ‘If you would like to put more to us, I would be happy to engage further’. Tim Davie never met Earl Spencer.The BBC must now be reflecting on whether, despite that warning from history, they missed a key opportunity.

This is not the end of the story.

The BBC now has until Tuesday February 13 to explain in detail to the tribunal judge why it has withheld so many emails for legal and other reasons . Andy Webb then has until February 27 to challenge their arguments.

The tribunal has the right to inspect text which has been redacted by the BBC.

Eventually there will be a hearing sometime after March 11.

If any emails are ordered to be released that probably won’t happen until the end of March.

One other legal option is for the BBC to appeal against the tribunal’s finding and take that to a higher court.

There is a lot at stake for the British Broadcasting Corporation.


 

Who did the first TV coverage of the Post Office scandal?

SECOND THOUGHTS BLOG 9/1/24

ITV is quite rightly getting credit for waking a wider world up to the Post Office scandal with the drama ‘Mr Bates v the Post Office’. Now I discover that an ITV regional news bulletin in the South of England provided the first TV coverage of the problems sub- postmasters were having as a result of the Horizon computer system.

On February 2nd 2008 Meridian News reported on what 15 years later would turn out to be one of the most memorable episodes in the drama:

A postmistress who admitted fraud has walked free from court – after villagers came to her rescue. Jo Hamilton had called a meeting to explain to neighbours in South Warnborough near Basingstoke why cash had gone missing from their post office. She said couldn’t cope with the computer system. Well, the village soon rallied round, and raised thousands of pounds to help pay the money back’.

It appears the next broadcast was in September 2009 when S4C covered the Post Office scandal on a series called ‘Taro Naw’. The programme reported on the case of a jailed Anglesey sub-postmaster and wondered whether there were more cases ‘across Britain’. It is now available again on iplayer here with English subtitles here

The first BBC coverage I can find was three years later also in regional programming in the South of England, on Tuesday 7 February 2011. 

At 7.05 a.m BBC Radio Surrey Breakfast transmitted:

BBC Surrey Jingle: “BBC Surrey. With Nick Wallis.”

Good morning. You’re about to hear a special investigation by BBC Surrey Breakfast. In November last year, a listener called Davinder came to me in a bad way. His wife Seema, who was a Postmistress in West Byfleet, had been sent to Bronzefield Prison in Ashford for stealing more than £70,000 from her own Post Office. In a very emotional phone call, Davinder told me his wife had never taken a penny from the business, but had fallen foul of a problem with the Post Office’s computerised accounting system.’ 

That evening BBC 1 South broadcast an investigation by the same journalist, Nick Wallis, in the Inside Out regional TV documentary strand. The billing was: 

‘A special investigation by the Inside Out South team into the sub-postmasters who have fallen foul of the Post Office’s Horizon computer system’. 

You might think that in the light of the extraordinary interest now created by the ITV drama the BBC might now consider putting the regional Inside Out report back on the i-player. After all it is available on youtube.

But raising its profile on iplayer might risk reminding viewers that the Inside Out strand was scrapped amidst controversy in 2022. 

The Press Gazette reported then:

‘The BBC’s director of policy has said the refresh of its regional current affairs programming which is resulting in the cancellation of Inside Out is “long overdue”.Clare Sumner told Ofcom that Inside Out, which was cancelled with the loss of 29 jobs this year as part of plans to save £25m across BBC England by March 2022, was no longer making the same impact it did when it launched almost 20 years ago.Its audience has been in decline for ten years, she said’.

ITV’s Meridian News in the South of England followed up their original coverage in December 2014. They reported that ‘now postmasters and postmistresses across the South have gained the support of their local MPs’. Former postmistress Jo Hamilton and local MP James Arbuthnot were interviewed.

A few years after the 2011 BBC regional broadcasts Nick Wallis got network showings for reports he made for The One Show on BBC 1 in 2014 and a special UK wide Inside Out in January 2015. Panorama picked up the network current affairs baton with John Sweeney’s ‘Trouble at the Post Office’  in August 2015 and Nick Wallis’s own Panorama in 2020. The sub-postmasters told their story in another Panorama ‘The Post Office Scandal’ in 2022. Wallis was also commissioned to present a radio/podcast series for BBC Radio 4 last year, he was an adviser to the ITV drama and has been freelancing on different news outlets since the ITV drama began. 

Next up for Nick Wallis; more than 20 dates, starting at the Marine Theatre,Lyme Regis on 23 March, for his one man show ‘Post Office Scandal -the Inside Story’ . Some real life versions of the characters you saw in the drama have agreed to answer questions, as has what Wallis calls ‘a major anonymous source in my book’.