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Monday, 19 February 2024

BBC Prom Invites for Members of Parliament: More Opaque Transparency

The BBC has begrudgingly provided details of Members of Parliament who received complimentary tickets to the 2023 season BBC Proms classical music concerts.

On 15th August 2023, WhatDoTheyKnow.com user David Grey used the platform to make a Freedom of Information request to the BBC.

Mr Grey sought information in the following terms: "Please can you provide details of any complimentary tickets provided to MPs for the 2023 proms season."

Taking into account the August Bank Holiday, the BBC was under a statutory duty to respond to his request by 13th September, but in characteristic fashion it failed to do so.

On 17th October 2023, having been stonewalled for another month by the BBC, Mr Grey made a follow-up request, again via the WhatDoTheyKnow.com platform.

In his follow-up he sought information about the BBC's processing of his 15th August request. In particular, he sought correspondence, both internal and external, made in relation to his original request.

Clearly frustrated that the BBC, by this time, had failed to provide details of the MPs in question, Mr Grey highlighted the public interest in the beleaguered national broadcaster potentially using the Proms concerts and associated hospitality as a vector for lobbying MPs.

On 1st November 2023, some 35 working days later than required by the legislation, the BBC finally responded to Mr Grey's original request. In doing so it disclosed a list of sixteen MPs who had received complimentary tickets to a 2023 season BBC Proms concert. That list is shown in the image below.

Two of the named MPs received complimentary tickets to two BBC Proms concerts - Lucy Frazer MP, the Secretary of State for Digital, Media, Culture and Sport (the Government department overseeing the BBC); and Rachel Reeves MP, the Shadow Chancellor of the Exchequer.

On 8th November 2023 the BBC responded to Mr Grey's follow-up request. The BBC's response included an email trail between BBC lawyers, which shows divided opinion on whether or not his initial request (of 15th August) was out of scope (OOS) in terms of providing the information requested.

There is an exemption in the Freedom of Information Act 2000 that allows the BBC to refuse requests if the relevant information is held for the purposes of journalism, art or literature. The BBC relies very heavily on this exemption, which is referred to as the derogation. The derogation is given very broad interpretation by the BBC, being a regular fallback option to avoid the disclosure of potentially embarrassing or damaging information.

It would appear, from the email trail disclosed, that despite the clear public interest in knowing which MPs had been bribed with gifted complimentary BBC Proms tickets, the Corporation was reluctant to say.

In an email dated 1st September, one BBC lawyer states: "We could argue that this information (about MP tickets) falls under information that supports and is closely associated with our creative activities as it relates to ticket allocation."

Such a comment, clearly seeking to avoid disclosure, is hardly a glowing endorsement of the BBC's pretence towards transparent accountability.

It is the TV Licensing Blog's position that the BBC regularly frustrates the Freedom of Information process in an effort to avoid the disclosure of information it prefers to keep buried.

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