The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)
My Lords, I thank the noble Baroness, Lady Jones of Moulsecoomb, for securing this debate, and indeed thank all the other Peers who have spoken. I particularly thank the noble Lords, Lord Ponsonby and Lord Paddick, for reminding us of the positive benefits that can accrue to law enforcement, and to keeping the public safe, from the appropriate and proportionate use of this type of technology.
I will do my very best to address all the points raised but, before I do that, I also thank Professor Peter Fussey, who reached out to me directly, which I appreciate, for making some very interesting contributions to the wider discussions on these complicated issues and specifically for his work in co-authoring the recent UN publication. As I say, I will do my utmost to address the points raised and if I fail in any of those, I will scour Hansard and, of course, write.
First, I would like to reassure noble Lords that the Government absolutely recognise the gravity of these issues. They are fundamental to the functioning of our democratic process. For any democracy to be considered a truly free and liberal society, the right to protest peacefully is of course essential and there is a long-standing tradition in this country of people gathering to express their views on all manner of topics. None of us here would wish that right to be unduly diluted or curtailed.
I say to the noble Baroness, Lady Jones, that there is no intention to stifle protests. I am afraid that I agree with the noble Lord, Lord Ponsonby, that comparisons to Russia are absurd, alarmist and specious. That is not to say that protestors have carte blanche to behave in an unacceptable or illegal way. Their rights must be balanced against the rights of others to go about their lives free from obstruction and harassment. Should a protest contravene the law, the police have comprehensive powers to deal with activities that spread hate or deliberately raise tensions through violence or public disorder. Again, that does not negate the right to peaceful protest. The use of these powers and the management of demonstrations is generally an operational matter for the police.
Turning to the specific focus of the debate, the Government again take this opportunity to thank the UN special rapporteur on the rights to freedom of peaceful assembly and of association for his recent report which detailed, as has been noted by all the speakers, a model protocol for law enforcement officials to promote and protect human rights in the context of peaceful protests. The report constitutes the first component of a three-part toolkit that he is publishing. As the Committee would expect, the Government are currently reviewing the model protocol report and will also be assessing the second and third components of the toolkit once they have been published. I can say that, at a high level, the protocol appears to set out some helpful principles; it also recognises that digital tools can enable protest, a point that was powerfully made by the noble Lord, Lord Paddick.
The role of the police in protest is to preserve the peace, to uphold the law and to prevent the commission of offences. As noble Lords are aware, police forces in this country have operational independence and decisions on how to achieve these objectives are a matter for chief officers. The Government are committed to supporting police forces to make use of surveillance technologies to detect and deter crime, and to keep the public safe. I am very grateful to the noble Lord, Lord Paddick, for his examples and, obviously, for his extensive expertise, particularly as regards keeping peaceful protests just that—peaceful.
There is of course a comprehensive legal framework governing the use of surveillance technologies. This includes the Human Rights Act 1998, the Equality Act 2010, the Data Protection Act 2018 and the Police and Criminal Evidence Act 1984, as well as national guidance and published police policies. Surveillance technologies such as CCTV, drones, facial recognition and body-worn video can be used for policing purposes only where necessary, proportionate and fair; I think that answers one of the points from the noble Lord, Lord Strasburger. They cannot be used to restrict the rights of peaceful assembly and association. However, the police do have the right to monitor a protest if serious disorder is expected, in order to keep the public safe.
The Government recognise the importance of ensuring that these technologies are used appropriately and that safeguards are in place to ensure that. As has been stated, their use is governed by data protection, equalities and human rights laws, as well as guidance. As I have just mentioned, they can be used for a policing purpose only where necessary, proportionate and fair.
Your Lordships will be aware that there are a number of oversight bodies active in this space, which hold the police to account for their use of surveillance technologies. The Information Commissioner’s Office regulates all use of personal data, and this includes police use. The police must also comply with data protection legislation, which is regulated by the Information Commissioner’s Office, and with human rights and equalities legislation. The Equality and Human Rights Commission is responsible for upholding equality and human rights laws. The courts also play a vital role. His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services monitors and reports on the efficiency and effectiveness of police forces, and the Independent Office for Police Conduct holds the police accountable for their actions, to improve police practices.
The noble Baroness, Lady Jones, suggested that we are abolishing the Biometrics Commissioner and the Surveillance Camera Commissioner, and indeed their powers, but that is not the case. We are transferring them to the Investigatory Powers Commissioner’s Office, which has expertise and experience in carrying out similar functions. The Information Commissioner’s Office already regulates these areas for all organisations, not just the police. As I said, the Biometrics Commissioner’s casework functions are being transferred. That is because we think that simpler oversight is better.
I spent some of my morning reading the Independent Report on Changes to the Functions of the Biometrics and Surveillance Camera Commissioner Arising from the Data Protection and Digital Information (No. 2) Bill of 6 October 2023, by Professor Pete Fussey. Although I do not necessarily agree with all of his conclusions, he notes that:
“It is widely accepted that current arrangements for oversight for public surveillance and biometric techniques are complex and would benefit from greater clarity”.
We may disagree about how that is done, but it is precisely what we are trying to do.
With regard to the comments by the noble Lord, Lord Strasburger, about citizens recourse, the ICO is open to anyone to complain, and, as it is a regulator, unlike the Biometrics and Surveillance Camera Commissioner, it has the power to take enforcement action. Complaints are relatively straightforward; they can be made via the website, via direct contact, via a police station or, of course, via an MP.
The noble Lord, Lord Strasburger, suggested that in the south Wales case, the use of live facial recognition was deemed unlawful. That is not the case. The court found that South Wales Police did not fully comply with privacy, data protection and equality laws during two of their pilots, but made it clear what needed to be done to ensure compliance with the legal framework. Since then, the police have addressed those court findings. The College of Policing has issued national guidance on live facial recognition, in particular setting out the circumstances in which the police can use it and the categories of people they can look for. The National Physical Laboratory has independently tested the algorithms used by South Wales Police and the Metropolitan Police and found that they were very accurate, and there were no statistically significant differences in performance based on gender or ethnicity—a point that often gets made and needs clarifying.
The noble Lord, Lord Strasburger, implied that none of our allies is using this sort of technology. Of course, it is up to other countries to decide how to regulate the police use of technology, but it is estimated that nearly 70% of police forces globally have access to some form of facial recognition technology, so we are not alone.
In concluding, I thank again the noble Baroness, Lady Jones of Moulsecoomb, for securing this debate, and all those who spoke. It was an interesting and thought-provoking discussion, and I hope that I have provided useful context and background regarding the Government’s position. These are important issues, and I am quite sure we will return to them; this is not the last time we will talk about them. As I have set out, the Government support the police in the proportionate and fair use of surveillance technology to protect the public. We are also committed to maintaining the right to protest lawfully, while also protecting the rights of citizens to go about their lives unimpeded. We absolutely recognise the importance of striking the right balance, and we will continue approaching these questions with the seriousness and care that they deserve.