Dodging TV licence will not be a crime
It will no longer be a criminal offence to refuse to pay the TV licence fee, under radical plans being backed by ministers.
Currently, anyone failing to pay the licence fee who watches live television at home faces a fine of up to £1,000 and a criminal record. Those who refuse to pay any fines they are given by a Magistrates Court ultimately face jail.
More than 100 backbench MPs from all the major political parties are now supporting a change in the law which would make non-payment of the annual £145.50 charge a matter for the civil courts, rather than a criminal offence.
This would mean nobody who fails to pay could be given a criminal record, although penalties, including potential fines, would still apply.
The Telegraph can disclose that Chris Grayling, the Justice Secretary, and Maria Miller, the Culture and Media Secretary, both now support the idea.
Teams of Whitehall officials will begin working on detailed proposals for how to bring about a change in the law.
However, the reform will be fiercely resisted by BBC executives, who argue that it will increase licence fee “evasion” and lead to a significant fall in the funding available for the broadcaster.
According to the most recent figures, about 70 people a year are jailed for TV licence fee offences. But the scale of prosecutions for licence fee evasion is far higher and now accounts for one in nine of all Magistrates Court cases.
More than 180,000 people – almost 3,500 a week – appeared before the Magistrates Courts in 2012, accused of watching television without a valid licence in, with 155,000 being convicted and fined.
The figure has been rising in recent years as TV Licensing, which is responsible for catching “evaders”, has adopted a more determined and effective approach.
Ministers are now concerned at the huge burden these cases place on the criminal courts.
Mr Grayling, the Justice Secretary, told The Daily Telegraph: “The Culture Secretary and I both agree that this is a really interesting idea - particularly given the pressure on our courts system. Our departments will be doing some serious work on the proposal.”
The reform could become law within months as a growing number of backbench MPs supports an amendment to the coalition’s Deregulation Bill, which is currently passing through Parliament.
The amendment would delete references in the 2003 Communications Act to licence fee evaders being “guilty of an offence” and state instead that individuals who refuse to pay the charge will be “liable to a civil penalty”. The level of any fine would be determined by the government of the day, under the plan.
The amendment has been backed by 101 MPs from all the major parties, including the former Liberal Democrat leader, Sir Menzies Campbell, David Davis, the former Tory shadow home secretary, and Frank Dobson, Labour’s former Health Secretary.
Andrew Bridgen, the Consevartive MP for North West Leicestershire, who tabled the amendment, said the wide support his proposal had received showed that the government should support it.
“For those in real hardship who cannot pay the television licence fee, the current legislation is effectively criminalising them for being poor, which cannot be right,” he said.
“I and many colleagues feel that the non payment of the TV licence being a criminal offence is disproportionate.
“The current funding arrangement for the BBC is a Poll Tax and is one of the most regressive forms of taxation. Most of those sent to prison as a result of non payment are the elderly and women and this serves no purpose and the huge associated costs are borne by the taxpayer.”
Government sources said ministers were considering whether it would be possible formally to support Mr Bridgen’s amendment when it comes to a Commons vote.
However, a source at the Department for Culture, Media and Sport said Mrs Miller would prefer to wait until the BBC’s Charter, which determines its funding, is renewed in 2017 before changing the way the corporation is funded.
The source said: “The Culture Secretary supports the idea in principle but the timing of this issue is vital. Maria will put decriminalisation of the licence fee on the table during Charter Review discussions, but to do it beforehand would waste an opportunity.”
A BBC spokesman said: “Legislation is a matter for the Government, however changing the law could lead to higher evasion. Just a 1 per cent increase in evasion would lead to the loss of around £35million, the equivalent of around 10 BBC Local Radio stations.”
www.telegraph.co.uk/culture/tvandradio/b...-not-be-a-crime.html
