Mark Thompson

Corporate governance report

Effective governance

 

The BBC Worldwide Board is responsible for ensuring that the company, BBC Worldwide Limited, continues to support its shareholder and parent, the BBC. It does this by delivering sustainable returns while at the same time providing both the BBC and the wider UK  creative community with an internationally recognised export platform. Fundamental to our role, however, is the overriding obligation to ensure that, at all times, the BBC brand and its reputation is protected in all respects. The governance of the Board and the company has been designed with these principles in mind.

As a matter of best practice, BBC Worldwide aims to comply with the UK Corporate Governance Code (the 'Code') for listed companies. However, as a wholly-owned subsidiary of the BBC there are inevitably some areas of compliance that are less relevant. For example, while we do not hold an annual general meeting with our shareholder, there is, however, an ongoing dialogue with views shared in an open and transparent environment.

The Non-executive Directors include both independent directors and BBC Public Service employees who represent the BBC as shareholder. As a consequence, compliance with the specific provisions of the Code requiring a committee to have a majority of Independent Directors has not been achieved. I believe the committee membership is appropriate given the position of BBC Worldwide within the wider BBC Group.

It is my intention to appoint one of the independent Non-executive Directors who currently sit on the BBC Executive to the BBC Worldwide Board in the role of Senior Independent Director. This will resolve this current non-compliance with the provisions of the Code. Post-year end, it was agreed that the third Public Service nominee on the BBC Worldwide Board will be the BBC's Head of Vision, George Entwistle.

Although there has been no formal evaluation of Board performance, the changes that have occurred during the year have enabled me, as incoming Chairman, to review both the  effectiveness and composition of the BBC Worldwide Board.

The company's thanks to outgoing Directors are noted in my introduction to this Annual Review. Robert Webb QC's recent decision to accept a full-time role with Rolls-Royce plc allowed me the opportunity to streamline decision-making and agree with the Chairman of the BBC Trust that the Director-General should, in future, chair our most significant  commercial subsidiary.

Mark Thompson

Chairman, BBC Worldwide and Director-General, BBC
 

BBC Worldwide's governance framework

1. Leadership

Role of the Board

The Board is responsible for setting the strategic objectives for the company and for monitoring progress against those objectives. The Board reviews both business and financial performance with a view to ensuring that the company has sufficient resources to execute the strategy effectively. The Board is accountable to the BBC for generating sustainable long-term value, while balancing both investment performance and returns in the form of dividends. The investment guidelines (the company's policies for approving investment and expenditure) provide the framework for controlling the governance processes and providing clearly delegated authorities and robust processes.

The Chairman and Chief Executive

There is a clear separation of the roles of the Chairman and the Chief Executive, which is set out in writing and has been adopted by the Board. A copy can be found on the BBC  Worldwide website. The Chairman's principal role is to lead the Board and to ensure that it works effectively and through its various committees.

The Chairman is also responsible for setting the Board agenda and promoting a culture of healthy debate and challenge. For 11 months of the year Robert Webb QC was Chairman, and also a Non-executive Director on the BBC Executive Board. On 12 March 2012, the Director-General of the BBC, Mark Thompson, was appointed as the Chairman of the BBC Worldwide Board. The terms of the employment contracts for the Chief Executive and Chief Financial Officer are set out in the Remuneration Report.

Non-executive Directors

The independent Non-executive Directors serve initially for a term of two years which may be extended subject to satisfactory performance and agreement from the shareholder. The public service Non-executive Directors are our shareholder's nominees on the BBC Worldwide Board. Zarin Patel does not have a fixed term appointment. The public service Non-executive Director appointments may be replaced at any time by the shareholder.

Re-election of Directors

As a wholly-owned subsidiary of the BBC, there is no requirement for the Directors to seek annual re-election; nor do we hold a formal annual general meeting. The company is required to present an annual review of performance to both the BBC Trust and the BBC Executive.

Independence

The Board considers each of the Non-executive Directors to be independent in character and judgement. Charlotte Hogg and Tim Weller do not have any relationships or circumstances which are likely to affect or could appear to affect their judgment and are therefore considered to be totally independent. Mark Thompson and Zarin Patel are employees of the ultimate shareholder.

Insurance indemnities

The company maintains liability insurance for its Directors and Officers which is renewed on an annual basis. The company has also entered into deeds of indemnity with its Directors.

Company Secretary

All Directors have access to the advice and services of the Company Secretary who acts as Secretary to the Board and its committees. The Company Secretary is accountable to the Board for ensuring that Board processes and corporate governance practices are followed. Directors are also given access to independent professional advice at the company's  expense where they consider such advice is necessary to enable them to fulfil their responsibilities. The Company Secretary is Jane Earl.

2. Effectiveness

Board composition and appointments

On 29 February 2012 Robert Webb QC retired from the Board having served as Chairman for nearly two and a half years. Nicholas Eldred, who was one of the BBC Public Service nominated Directors, retired from the Board on 31 October 2011.

The Davies report has recommended that FTSE 100 companies should aim to have a minimum of 25% female representation on their boards by 2015. BBC Worldwide has exceeded this threshold and recognises the value of diversity in all respects.

On joining the Board, most of the Directors undertook a formal induction programme. This is designed to give them an understanding of each of the strategic objectives and how these will be delivered within the context of the governance structure.

The current members of the BBC Worldwide Board, as of 31 March, are shown on the Board page together with details of their external commitments.

3. How the BBC Worldwide Board operates

The Board has a schedule of matters reserved for its attention and the Company Secretary also maintains a forward agenda of matters requiring discussion and/or approval.

Business oversight

At each Board meeting the Chief Executive presents his report on all aspects of the  company's strategy and performance in the presence of the BBC Worldwide Executive Committee (WEx). Each of the Managing Directors has the opportunity to attend Board meetings and to comment on their business performance and make presentations to the Board on specific initiatives. During the year the Board has received in-depth presentations from the US business, Consumer Products and an update on Showcase from Sales & Distribution. The Directors also visited MediaCityUK in Salford for one meeting this year which enabled the Board to hear from colleagues in BBC North and explore complementary strategic initiatives.

Financial and risk management

The Board receives regular updates on the company's financial position; agrees the budget; and monitors risk management and financial controls. One issue which has received regular monitoring has been the ongoing concerns relating to the Eurozone financial markets and the implications for trading conditions. The restricted access to the debt market and the limited availability of headroom was also monitored and, as a result the Board asked for greater visibility of cash flow and hedging. As a standing item, the Chair of the Audit Committee reports to the Board on matters discussed at the Audit Committee meetings.

Strategic review

During the year the Board has played an active role challenging the Executive in the formation of the refreshed strategy as referred to in the CEO's report . This was developed and discussed over the course of several substantial sessions. The Non-executives were active participants, drawing on experience in the commercial world, to challenge and inform the debate. The Board analysed the opportunities available in both the business streams and the regions, conscious of the regions available for investment. Performance of the Global BBC iPlayer pilot has been monitored together with plans for developing an e-commerce business while preserving value in our physical formats.

The strategy for the Live Entertainment business has been examined with a focus on international growth and investment.

Corporate transactions

In accordance with the investment guidelines, the Board approves transactions where the value is in excess of £5.0m or any transaction involving the acquisition of equity.

During the year, the sale of the majority of the Magazines business to Immediate Media Co was monitored by the Board, ensuring that appropriate governance arrangements were in place for the ongoing licensing business. In addition, the Board has been constantly  apprised of discussions relating to our joint venture with Ragdoll and several smaller transactions. Special Board meetings are called where necessary to review specific detail of transaction and approve any legal documentation which requires execution.

People and succession

The Board has taken a particular interest in the evolving People and Organisation strategy which has been determined during the year. The Board has been consulted with regard to the appointment of Martyn Freeman as General Counsel, Daniel Heaf as MD Consumer Digital and Deborah Rowland as People Director.

Board Committees

The Board delegates to its committees as set out below.

Nominations Committee

During the year under review, the Nominations Committee was initially chaired by Robert Webb with Nicholas Eldred and John Smith as members. The Committee is responsible for reviewing the composition of the BBC Worldwide Board and for recommending new Non-executive Directors to the Board.

Under the terms of reference, the appointment of the Chairman and the Chief Executive are conditional upon the specific approval of the Director-General of the BBC with the support of the BBC Trust. The appointment of the Director-General as Chairman was endorsed by Lord Patten, Chairman of the BBC Trust.

The Company Secretary supports the activities of the Committee.

The Committee did not meet during the financial year under review.

Remuneration Committee

The Code recommends that the Remuneration Committee should comprise three  independent Directors. Prior to his resignation, Robert Webb QC chaired the Committee and Charlotte Hogg and Zarin Patel were also members. Again it is our intention to be as compliant with the Code as is appropriate with our status as a wholly-owned subsidiary of the BBC.

The duties of the Committee include determining the framework for the remuneration of the Chief Executive, CFO and WEx to ensure that members of the Executive management are provided with appropriate incentives to encourage enhanced performance in a fair and responsible manner. The Committee regularly reviews the appropriateness and relevance of remuneration policies as well as the individual packages of each WEx member.

The Committee also approves the design of, and determines targets for, performance  related pay schemes and any long-term incentive programmes. It is responsible for  establishing the criteria for selecting, appointing and setting the terms of reference for remuneration consultants who advise the Committee. The Committee is responsible for ensuring that members have reliable and up-to-date information about remuneration in other companies, particularly in the media environment. A full report of the remuneration policies and activities of the Committee can be found here.

The Company Secretary and the People Director support the activities of the Committee and attend every meeting by invitation.

Please see the table below for details of the Remuneration Committee attendance during the financial year under review.

BBC Worldwide Executive Committee

The BBC Worldwide Executive Committee (WEx) meets weekly and is chaired by John Smith. In addition to the CFO, members of WEx are shown here. The Company Secretary also attends and supports the activities of the Committee.

WEx takes responsibility for all aspects of the company's activities as delegated to it by the Board and for devising and implementing the strategy which it proposes to the Board for approval. Every week, WEx concentrates on market, competitor and technology  developments and these are supplemented with detailed presentations and workshops on new and future technology innovations such as mobile gaming, social networks and branded apps which will all impact our businesses in the future. The progress of the Global BBC iPlayer pilot which has been launched in 16 countries continues to be reviewed and examined. Customer relationship management (CRM) has also been a significant focus during the year.

Regular updates are delivered to the Committee on our top brands, which this year have included Top Gear's achievements in the US market, future series of Doctor Who and global productions of Dancing with the Stars. WEx also reviewed a Brand Tracking survey which captured and tracked genre perceptions, awareness metrics, brand values and linkage to the BBC in comparison to four major competitors. Other regular updates included advertising sales performance, editorial policy, data protection and information security, mandatory training requirements for all staff and the technology strategy.

Social networks are becoming increasingly important to media companies, brands and audiences. As a result WEx has received presentations and opportunities to use social media to build new audiences, build direct relationships with customers, promote existing products and develop new ones, target new customers and protect our reputation. One of these opportunities included an equity investment in Viki.com, which provides a platform for avid fans to publish popular TV and movie titles which they have translated into over 150 languages.

Reviewing and refreshing the global strategy for the Company alongside the five year business plan has been one of the major initiatives for the year. Five work streams have also been established, led by WEx members, and engaging a wider leadership group, to determine our organisation and people plan required to deliver the strategy.

The BBC's and BBC Worldwide's mission is to 'inform, educate and entertain' which has led WEx to investigate the use of our knowledge-rich BBC content to teach English to children in a fun and interactive environment.

WEx members travelled extensively in order to promote the continuing global growth of the company, with trips to Abu Dhabi, Asia, Latin America, Australia, New York and Los Angeles. New regional EVPs for EMEA, Asia and Latin America have been appointed with  responsibility for providing regional business plans focusing on medium-term growth in each region.

Our People strategy is fundamental to the success of our business. As such, time has been dedicated to reviewing not only our HR systems but also top performers and appropriate frameworks for pay and reward; succession planning; training and development; as well as investigating how our values are embedded within the culture of the company. The Aspire programme, which targets and offers aspirational employees a year-long development programme with a WEx member as mentor, has now been launched in both the UK and the USA and is delivering value to the company.

WEx delegates to the Content Investment Committee, which is responsible for approving programme and product investments of between £0.5m and £2.0m, and to the Investment Review Group, which approves other financial commitments between £1.0m and £2.0m. Both these committees are chaired by the CFO. Each business has authority for approving non-content budgeted spend up to £1.0m.

 

BBC Worldwide Board and Committee Attendance (1 April 2011 - 31 March 2012)

Board Member Board Remuneration
Committee
Audit
Committee
Total number of meetings in financial year 2011 7 5 4
Mark Thompson 1/1 - -
Robert Webb 6/6 5/5 -
Nicholas Eldred 3/3 - 1/2
Charlotte Hogg 6/7 3/5 4/4
Zarin Patel 6/7 4/5 -
John Smith 7/7 - -
Philip Vincent 7/7 - -
Tim Weller 7/7 - 4/4

 

pie gender split pie tenure

 

Audit Committee

During 2011/12, the Committee has been very aware of the impact of world economics, in particular the Eurozone crisis, on the global operations of the Company. In this context, as a Committee, we have focused on risk management, fraud and financial controls.
Other important topics have included foreign currency and interest rate hedging and implementation of the UK Bribery Act 2010. The implications of this new legislation are significant for a global company such as BBC Worldwide.
The wealth and variety of experience of the Audit Committee members has contributed to the quality and effectiveness of the Committee's deliberations throughout the year. As a Committee we have sought to follow best practice in terms of compliance with the Code. In this context we have reviewed our terms of reference to ensure they were up to date. In terms of qualifications, both Charlotte Hogg and I have recent and relevant financial and commercial experience and meet the Code requirements, while Nicholas Eldred has provided valuable access to BBC knowledge and insight.

Tim Weller

Chairman, Audit Committee
 

The Audit Committee is chaired by Tim Weller; Charlotte Hogg is also a member. Nicholas Eldred resigned from the Committee on 31 October 2011. The Committee is responsible for monitoring the integrity of the financial statements including critical accounting policies and estimates. The Committee spends time reviewing emerging issues and understanding the impact of matters such as impairments and exchange-rate implications. The Committee also reviewed hedging and treasury policies together with tax compliance.

The Talent Accounting department at BBC Worldwide is responsible for paying royalties to contributors, independent producers and third-party profit participants, from sales of programmes and many other activities such as live entertainment and games. The Committee receives an annual report detailing the accuracy and timeliness of payments to talent and producers.

The Committee also reviews the effectiveness of systems for internal control and reporting, together with those ensuring adequate procedures are in place for staff to raise concerns. It regularly reviews the risk profile of the company, focusing on key risks as appropriate.

The implementation of the Bribery Act 2010 has been monitored during the year and a campaign to increase awareness of the whistleblowing procedures was undertaken both in the UK and overseas. WEx and the Audit Committee receive regular progress updates on challenges being faced to ensure compliance with the legislation.

Following the issue of the FRC guidance for audit committees, the BBC Worldwide Board endorsed amendments to the terms of reference for its Audit Committee. Some of the key changes to the terms of reference included the responsibility to coordinate the internal and external auditors, and to review BBC Worldwide's systems and controls for the prevention of bribery and to review any reports relating to non-compliance.

The Committee reviewed the effectiveness of the internal and external audit services. Internal audit resources are provided to BBC Worldwide via the BBC and the members of the Committee meet privately with the BBC Director of Risk and Assurance without the CEO, CFO and management representatives being present; as they did with the external auditors.
The Committee is supported in its activities by the Company Secretary, the BBC Director of Risk and Assurance, and the company's Risk Advisory team. The Committee submits quarterly returns to the BBC Executive Audit Committee detailing the key issues discussed by the Committee. The terms of reference for the Committee can be found on the company's website. The Committee is currently compliant with the UK Corporate Governance Code as all the members of the Committee are independent. Please see the table above for details of the Audit Committee attendance during the financial year under review.

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