Category Archives: Hansard

Amendment 47 | Data (Use and Access) Bill [HL] – Report (2nd Day) | Lords debates

My Lords, in moving Amendment 47, I shall speak also to Amendment 48.

Here we are again: the Computer Misuse Act 1990 is another year older. It was put into statute at a time when technology looked nothing like it did 10 or 20 years ago, never mind today. I will give some brief facts. We have a fantastic cyber sector in our country, which adds so much to our economy and safety. The Computer Misuse Act constrains the sector from keeping us as safe as it might and constrains businesses in terms of their growth and what they could be adding today to our economy in terms of—yes—growth.

There is no reason for us to continue with the Computer Misuse Act when we have the solution in our hands, set out, I suggest, in Amendments 47 and 48. Our cyber- security professionals, often working way out of sight, for obvious reasons, do such important work and professionally, diligently, keep us safe and keep our country, assets and economy secure.

When the Minister responds, will he say, even sotto voce, that a Division on these amendments might help him in his discussions within the department to get some movement on this issue? We heard in previous debates how doing this would be premature and how the time was not now. Well, for a statute that came into being at the beginning of the 1990s, I suggest that it is high time that we made these amendments for individuals, for businesses, for our economy and for our society, in an extraordinarily uncertain world and at a time when I imagine that every Minister should be looking to every potential source of economic growth. I look forward to the debate and to the Minister’s response. I beg to move.

Amendment 47 | Data (Use and Access) Bill [HL] – Report (2nd Day) | Lords debates

My Lords, I thank everybody who has taken part in this short debate. I was really hoping that we would not hear the phrase “the bowels of the Home Office” twice, but we did—now we have heard it three times. Perhaps it could be the title of somebody’s autobiography. I do not know whose, but I claim the IP rights even though the noble Lord, Lord Clement-Jones, said it first.

I am grateful for the Minister’s response. It would probably have been better to have some sense of timeline; much of what he said was very much what we heard in Committee. We are all amenable to having a course of action, but it needs more objectives attached to it as to when we are likely to see some consequences, action and changes. As every day goes by, as the Minister is well aware, risks go unchecked that could be checked, people are less safe who could be made safe and economic growth, the Government’s priority, is prevented which could be enabled.

For now, I will withdraw my amendment, but I am minded to see what is possible between now and Third Reading, because the time is now; otherwise, “in due course” will be even longer than the official statement “later in the summer”. I beg leave to withdraw.

Amendment 47 withdrawn.

Amendment 48 not moved.

Clause 109: Interpretation of the PEC Regulations

Amendment 44A | Data (Use and Access) Bill [HL] – Report (2nd Day) | Lords debates

My Lords, I support these amendments and the noble Baroness, Lady Kidron. Not to do so would be, to quote some of her earlier work, beyond the edge of reason.

I support the noble Baroness because I support creatives. They are the individuals who bring such sweet sound where otherwise there would be silence, who fill a blank page with words that can move our hearts, our souls and our minds, and can change the course of history. I support the amendments because I support the rule of law. IP and copyright are well established over centuries.

This is not complex or controversial. There is an extraordinary tedium to the whole question of TDM. Ultimately, I could do this in three words when addressing big tech: “It’s not yours. Take your audacious hands off other people’s work”. And that is from someone who is pro-innovation, pro-AI and pro-technology—but in a way where there is a negotiation and agreed conclusion as to how artists, rights holders and creatives want to engage with these technologies.

We have already heard many times, rightly, that there has been no economic impact assessment. I ask the Minister for his views on that. While on that subject, I ask him, out of genuine interest, what is the genesis of the £400 billion figure in the AI opportunities plan? Where does it come from, what is it based on and how does it sit against the impact that not acting will have on our creative sector?

I support these amendments, and I urge everyone in your Lordships’ House to do so. To misquote the late, great Dennis Potter, “Vote, vote, vote for Beeban Kidron”.

Amendment 38 | Data (Use and Access) Bill [HL] – Report (2nd Day) | Lords debates

My Lords, it is a pleasure to open the second day on Report on the Data (Use and Access) Bill. In doing so, I declare my technology interests as set out in the register, not least as an adviser to Socially Recruited, an AI business. In moving Amendment 38 in my name, I will not speak to any other amendments in this group.

Amendment 38 goes to the heart of the issue du jour: regulators have seldom been so much in the press and in the public eye. As the press would have it, they were hauled into No. 11 just a few days ago, but this speaks to what we want from our regulators across our economy and society. At their best, our regulators are the envy of the world. Just consider the FCA when we did the fintech regulatory sandbox: as a measure of success, it was replicated in well over 50 jurisdictions around the world.

We know how to do right-sized regulation and how to set up our regulators to succeed to do that most difficult of tasks—to balance innovation, economic growth, and consumers’ and citizens’ rights. That is what all regulators should be about. It is not straightforward; it is complex but entirely doable.

Amendment 38 simply proposes wording to assist the Information Commissioner’s Office. When it comes to the economic growth duty—“#innovation”—it simply refers back to Section 108 of the 2015 Act. I believe that bringing this clarity into the Bill will assist the regulator and enable all the conversations that are rightly going on right now, and all the plans that are being produced and reported on, such as those around AI, to be properly discussed and given proper context, with an Information Commissioner’s Office that is supported through clarity as to its responsibilities and obligations when it comes to economic growth. In simple terms, this would mean that these responsibilities are restricted and clearly set out according to Section 108 of the 2015 Act. It is critical that this should be the case if we are to have clarity around the commissioner’s independence as a supervisory authority on data protection, an absolutely essential condition for EU adequacy decisions.

I look forward to the Minister’s response. I hope that he likes my drafting. I hope that he will accept and incorporate my amendment into the Bill. I look forward to the debate. I beg to move.

Internet Activity: Energy Use – Question | Lords debates

My Lords, I declare my technology interests as set out in register. Does the Minister agree that, going broader, we need far greater transparency about all the power that it takes to fuel these new technologies—compute power, energy power, and financial and natural resources? Is it time that we reviewed the power usage effectiveness measure, or PUE, for data centres? Is it the case that all these new technologies need to be considered not just in respect of how efficient they are and how effectively they are fuelled but, crucially, that this is done in a sustainable manner?

Artificial Intelligence Opportunities Action Plan – Statement | Lords debates

My Lords, I declare my technology interests as set out the register. I welcome the plan; it has 50 excellent recommendations, but does the Minister not agree that to bring these to life we need an arrowhead focus from government on broad AI legislation—much broader than what is currently planned—that includes an AI authority that is agile, nimbly focused and horizontally applicable; AI-responsible officers; the protection of creatives; and right-sized regulation that is good for citizens, innovators and consumers, in order to deliver according to the fundamental truth that these are our data, our decisions and our AI futures?

Artificial Intelligence Opportunities Action Plan – Statement | Lords debates

My Lords, I declare my technology interests as set out the register. I welcome the plan; it has 50 excellent recommendations, but does the Minister not agree that to bring these to life we need an arrowhead focus from government on broad AI legislation—much broader than what is currently planned—that includes an AI authority that is agile, nimbly focused and horizontally applicable; AI-responsible officers; the protection of creatives; and right-sized regulation that is good for citizens, innovators and consumers, in order to deliver according to the fundamental truth that these are our data, our decisions and our AI futures?

Bus Services (No. 2) Bill [HL] – Second Reading | Lords debates

My Lords, I join other Members of the House in remembering Lady Randerson. It was with shock and sorrow that I learned of her passing at the weekend. I was fortunate enough to work with her on numerous Bills over the past decade and it was a privilege to be able to call her a colleague.

As this is the first time I have legislated with the Minister, I put on the record my thanks to him for everything he did to make the London 2012 Olympic and Paralympic Games such a success. Transport was critical to the success of the Games. You had only to look at all the media coverage from the moment we won the bid to see that journalists believed that transport would ruin the experience of London 2012. It did not, and, more than that, it was one of the most successful Olympic and Paralympic Games from a transport perspective, and the Minister can take so much credit for that in the team he led at the time. Again, from my perspective, it was a privilege and a pleasure to work with him.

Turning to the Bill, I would like to talk about inclusion and accessibility. As currently drafted, the Bill leaves Clause 22 to do more than heavy lifting in this respect. I intend, with colleagues in Committee and on Report, to do my best to put a lot more power into Clause 22 to enable the task it has at hand.

I would like to talk about the core principle of inclusive by design. What does this mean? It is simple: from the first moment of conception of a service, product, vehicle, computer program or whatever it is, the needs of every potential user are taken into account, so that when that product or service lands, everybody in our society and our community can avail themselves of that good or service. When it comes to buses, much excellent work has already been undertaken, not least through audio-visual announcements and prompts—a clear example of something good and enabling for disabled people that also, as is always the case, benefits all people. For example, an international traveller in London or somebody not from a particular area benefits from those AV announcements. It was an honour to launch the Manchester talking buses almost a decade ago. We have great provision in London but, as has already been rightly mentioned around the House, we should always be conscious and cognisant of the situation right across the country, not least in our rural communities.

Those are the buses, and there is still much work to be done. What is the purpose in making buses accessible if accessing the bus itself is made unreasonably difficult and potentially impossible? This brings me to the whole question of so-called floating bus stops. What are floating bus stops? They are not bus stops at all, as you would know them. They are, if you will, pieces of foundation separated completely from the pavement by a cycle lane, rendering that potentially accessible bus completely inaccessible to board or alight. In reality, floating bus stops are not a great creation or a great enabler of transport and mobility across our society. They are a planning folly, an overly simplistic solution to resolving competing transport needs, inevitably resulting in performance and outcomes that are anything but inclusive by design.

As has already been rightly mentioned, buses can often be a lifeline, providing social as well as actual mobility and economic opportunities, enabling people into the labour market or to go to medical appointments —a bus can potentially play a part in any aspect of our society or economic activity. So-called floating bus stops completely sever that lifeline. Can the Minister explain the point in making buses accessible if it is nigh on impossible for huge swathes of the population to access those buses? Will the Government commit to a moratorium on all new so-called floating bus stops until there has been a clear review of all existing provisions—a key piece of research right across the country where all these floating bus stops have been installed—and a piece of work to set out the retrofitting of all those so-called floating bus stops to bring them back to inclusive by design, on a timeline that does not leave huge swathes of our population excluded from the public realm?

I have spent my life trying to enable buildings, the public realm and services to be accessible if they have not been designed as such—for example, the many buildings designed hundreds of years ago, when people had no sense of inclusion or accessibility. This very building in which we are debating is now pretty accessible, as is the 15th-century college where I studied, as a result of interventions. So much more frustrating is when something previously accessible and inclusive is made not so for the want of having in place the thinking that considers all members of our communities and society, which is ultimately all that “inclusive by design” is: just being considerate of everybody in our communities. I propose a moratorium on all new floating bus stops, a review into all existing sites and retrofitting all of them on a reasonable timeline. Does the Minister agree that a cardinal principle of any bus stop is that you can access the bus and alight directly on to the kerbside?

In conclusion, we do not yet have public transport in this country. We have transport accessible for some of the people, some of the time, but not if you are blind, a disabled person, an older person, someone with young children in a pram, or indeed someone who just does not want to have to run the gauntlet of a live cycle lane, with no assistance provided for them. We have transport for some of the people, some of the time. Can the Minister tell us when the Government will be able to say we have public transport “inclusive by design, accessible by all”? Now that would be something well worth the prefix “public” transport.

Special Educational Needs – Question | Lords debates

My Lords, what is the Government’s plan to have the right level of SENCO support throughout our education system? Similarly, what are the Government going to do in terms of access to clinicians and experts for the preparation of reports? It cannot continue to be a matter of those who can pay, paying, and those who cannot, sadly, having to wait and often ending up in an endless loop, never ending up getting the diagnosis and help they require.