The TV licence fee is “increasingly hard to justify”, a former Culture Secretary has warned, after The i Paper revealed the BBC is operating an unofficial “amnesty” for over-75s who fail to pay the charge.
Sir John Whittingdale, the former Conservative cabinet minister, said not prosecuting people over 75 for non-payment of the £174.50 fee is “unfair on those who do pay and sends a message to those who do not that nothing will happen to them”.
Whittingdale, who led the Charter renewal negotiations when he was Culture Secretary in 2016, said the BBC’s handling of the issue could threaten its ability to secure a new licence fee deal when discussions over a new Charter begin with the Labour government this year. The Charter sets out how the BBC is run and funded.
“The BBC licence fee is increasingly hard to justify. Having taken the decision to require those over 75 who are not on pension credit to pay the licence fee, the BBC are now not enforcing it,” Whittingdale told The i Paper.
“The whole system needs reform.”
Former Culture Secretary Sir John Whittingdale says the BBC licence fee is becoming increasingly hard to justify (Photo: Matthew Harwood/Getty)The BBC ended universal free licences for over-75s in 2020 after the Government stopped funding the concession. Now, people in that age group are only eligible for free licences if they receive the pension credit benefit.
However, figures from the Ministry of Justice (MoJ), obtained through a Freedom of Information request, show that the BBC is yet to prosecute anyone over 75 found not to be paying the annual charge.
The data shows one person was prosecuted aged 76 for licence fee evasion last year, and a 77-year-old man was prosecuted in 2023. But in both cases, the offences may have been committed when the individuals were under 75, with the process – involving warning letters, house visits and finally court appearances – taking up to two years to result in a prosecution.
Although the BBC appears to have no intention of taking legal action – in what insiders say is an unofficial policy decision – pensioners as old as 100 are still being sent letters threatening them with prosecution for failing to pay their TV licence fee.
An example of a letter sent to older people who have not paid their TV licence feeMinisters are set to discuss decriminalising non-payment of the licence fee as part of the Charter renewal negotiations, amid concern over the cost of prosecutions to taxpayers.
Last month, Culture Secretary Lisa Nandy said there were “problems” with the annual charge, with “fewer and fewer people” paying the £174.50 fee. She promised “a fairer, more sustainable system” would emerge from the Charter discussions.
Silver Voices, which campaigns on behalf of older people, estimates there are around 250,000 over-75s who either cannot pay or are refusing to pay for their TV licence.
Director Dennis Reed said: “Any new funding system which emerges from the Charter review must be much less regressive than the current licence fee and must recognise the special circumstances of the older generations.
“We depend on TV far more to keep in touch with society and to combat isolation, loneliness and poor mental health.”
A TV Licensing spokesperson, also speaking for the BBC, said: “Our primary aim is to support customers, particularly those with vulnerabilities, to get, and stay, licensed.
“When there is evidence that someone has avoided paying for a TV Licence when they need one, we have a duty to enforce the law, and this applies to everyone. In all cases, prosecution is a last resort.”
The BBC added that evasion “remains relatively low” across all age groups, with the overwhelming majority – around nine in 10 households – paying the fee.
More than 3.6 million households where one person is over 75 have transitioned to paying for their licence since 2020.
The Department for Culture, Media and Sport has been contacted for comment.
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