Data (Use and Access) Bill [HL]

(Limited Text - Ministerial Extracts only)

Report stage
Tuesday 28th January 2025 Lords Chamber

Moved by

[Lord Ponsonby of Shulbrede]

56A: After Clause 132, insert the following new Clause—
“Creating purported sexual image of adult(1) The Sexual Offences Act 2003 is amended in accordance with subsections (2) and (3).(2) After section 66A insert—“66AA Creating purported sexual image of adult(1) A person (A) commits an offence if—(a) A intentionally creates a purported sexual image of another person (B),(b) A does so with the intention of causing B alarm, distress or humiliation, and(c) B does not consent to the creation of the purported sexual image.(2) A person (A) commits an offence if—(a) A intentionally creates a purported sexual image of another person (B),(b) A does so for the purpose of A or another person obtaining sexual gratification,(c) B does not consent to the creation of the purported sexual image, and(d) A does not reasonably believe that B consents.(3) “Purported sexual image” of a person means an image which—(a) appears to be or include a photograph or film of the person (but is not, or is not only, a photograph or film of the person),(b) appears to be of an adult, and(c) appears to show—(i) the person participating or engaging in a sexual act which is not of a kind ordinarily done in public,(ii) the person doing a sexual thing which is not of a kind ordinarily done in public,(iii) all or part of the person’s exposed genitals or anus, or (iv) all or part of the person’s exposed breasts, except where what appears to be shown is something of a kind ordinarily seen in public.(4) In this section, a reference to creating a purported sexual image of a person does not include doing so by modifying a photograph or film of the person where what is created by the modification is an image which—(a) appears to show the person, and(b) does not appear to show something within subsection (3)(c)(i) to (iv) which, or a person who, is not shown in the photograph or film.(5) A person who commits an offence under this section is liable on summary conviction to a fine.66AB Creating purported sexual image of adult: definitions etc(1) This section applies for the purposes of section 66AA.(2) “Consent” to the creation of a purported sexual image includes general consent covering the particular act of creation as well as specific consent to that particular act.(3) Whether a belief is “reasonable” is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.(4) A reference to an “image”, “photograph” or “film” includes data stored by any means which is capable of conversion into an image, photograph or film.(5) An image of a person appears to be an image of an adult if—(a) the impression conveyed by the image is that the person shown is aged 18 or over, or(b) the predominant impression conveyed by the image is that the person shown is aged 18 or over (even if some of the physical characteristics shown are those of a person under 18).(6) An act or thing is “sexual” if a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider it to be sexual.”(3) In section 79(5) (meaning of references to image of a person), after “a person” insert “(except in sections 66AA and 66AB)”.(4) In the Sentencing Code, after section 154 insert—“154A Purported sexual images to be treated as used for purpose of certain offences(1) This section applies where a person commits an offence under section 66AA(1) or (2) of the Sexual Offences Act 2003 (creating purported sexual image of adult).66AA(1)(2) The purported sexual image to which the offence relates, and anything containing it, is to be regarded for the purposes of section 153 (and section 157(3)(b)) as used for the purposes of committing the offence (including where it is committed by aiding, abetting, counselling or procuring).””Member's explanatory statement
This clause creates offences of creating a purported sexual image of an adult and provides that deprivation orders can be made under the Sentencing Code in connection with the offences.

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Ponsonby of Shulbrede) (Lab)]

My Lords, as will become clear, although I am moving Amendment 56A, it is not the Government’s intention to insert these provisions into the Bill.

This is an issue on which there has been great and very important debate. I start by thanking the noble Lady Baroness, Lady Owen of Alderley Edge, for her tireless campaigning on this matter. This is a crucial area of law to get right, and the noble Baroness has rightly kept it at the top of the agenda in your Lordships’ House, arguing passionately on behalf of victims of this appalling form of abuse. I also thank other signatories to amendments in this group: the noble Baronesses, Lady Kidron and Lady Gohir, my noble friend Lord Browne of Ladyton and the noble Lord, Lord Clement-Jones. We have valued the engagement that has taken place. It is because we have been listening very carefully to the points made by these noble Lords and, indeed, many others, that we are able to confirm that the Government will be making good on their manifesto commitment to criminalise those who create a sexually explicit deepfake of an adult without their consent.

Noble Lords will know that the Government had intended to legislate in this area in the upcoming crime and policing Bill. However, following consultation with stakeholders and colleagues across your Lordships’ House, we have not only decided to use this Bill to criminalise the creation of sexually explicit deepfakes but will bring new amendments forward for Third Reading. Our proposed new amendments will take a similar approach to that of the noble Baroness, Lady Owen, on many key issues of concern raised in your Lordships’ House, while ensuring that they will work effectively within existing legal frameworks. Our new amendments will make it an offence to intentionally create an intimate image of a person without their consent or reasonable belief in their consent. There will be no additional intent element to our offence.

We have listened carefully in engaging with noble Lords across the House and considered additional evidence, and we agree that this consent-based approach is the right one to protect victims from abuse. The harm to victims of this behaviour cannot be underestimated. A consent-based offence sends a clear message that we want to stamp out the inexcusable creation of intimate deepfakes at its root.

We have also heard the concerns about what types of images it will be criminal to create. If the noble Baroness works with us, our proposed government amendment will define which images are captured by reference to Sections 66D(5) to (9) in the wider intimate image abuse framework, and will therefore cover the creation of the same types of images as covered by the sharing and proposed taking intimate images offence. This means that it will be a criminal offence to create, take or share an image that shows or appears to show someone engaged in sexual acts, or where the most intimate parts of the body are exposed or covered with underwear. It will mean that criminals cannot escape justice by altering images so that intimate parts of the body appear to be covered with emoji symbols or pictures. We are clear that this behaviour is unacceptable and should be criminal.

We are aware of concerns about overcriminalisation, particularly in relation to children, so that they are not unnecessarily brought into the criminal justice system. That is why we will be working closely with the Department for Education to tackle misogyny at every level. This will be critical to achieving our commitment to halve violence against women and girls, for which we will pull every lever to shift behaviour towards women.

We will also be including in our amendment a defence of reasonable excuse. The government amendment will be tech neutral, meaning that it is future-proofed if there are new ways to create hyperrealistic, sexually explicit likenesses in the future.

The Government have also heard, and agree with, the aim of the noble Baroness’s amendment to criminalise asking someone to commit the offence for you, regardless of where they are located and whether the image is then created. Existing law means that, once the creation of a sexually explicit deepfake without consent is an offence, it will automatically be an offence to encourage or assist someone to commit this offence in England and Wales under the Serious Crime Act 2007.

These inchoate offences apply to almost all criminal offences, but we share Peers’ concern about the need to ensure that this can apply if the request is made of any creator anywhere in the world. We are carefully considering how best to give effect to that, but bespoke “encouraging” offences are very rare and there is a serious risk of unintended consequences for wider areas of the criminal law. I want to be clear that we will be ensuring that the criminal law covers this behaviour. We will be developing provisions at pace, and want to work with the noble Baroness and her co-sponsors as we do that.

I cannot commit to the final proposals being brought forward at Third Reading. However, I will provide an update at Third Reading on when and how we expect to bring these specific measures forward. If they are inserted into the Bill in the House of Commons, they will of course return to this House for further consideration. The new government amendments will effectively protect victims and bring offenders to justice. Together with existing law and our new taking and installing offences in the Crime and Policing Bill, we will have a holistic package of offences to address intimate image abuse.

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[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I thank all noble Lords who have spoken in this debate, including the noble Baronesses, Lady Owen and Lady Gohir. The Government of course share the concerns that have been expressed by noble Lords across the House. That is why we committed in our manifesto to criminalising the creation of sexually explicit deepfakes, and why we have been listening carefully to the issues and evidence that noble Lords and campaign groups have put forward on the best way to achieve our shared target of deterring people from creating these images and delivering justice to victims where this deterrent does not work.

As I made clear in my opening speech, the Government will not press Amendments 56A, 74A and 77. Instead, as I have set out, we intend to bring forward new amendments at Third Reading based on Amendment 69 tabled by the noble Baroness, Lady Owen, and drawing on aspects of Amendment 70. These will incorporate and address the issues raised during this debate. The new amendments will criminalise the intentional creation of an intimate image deepfake without consent or a reasonable belief of consent. This will not require any additional motivation. They will use the same definition of an “intimate state” as in the sharing intimate images offence. They will amend the Sentencing Code to ensure that the courts can deprive offenders of the relevant images if convicted of this offence, as well as any hardware on which they are stored.

We have agreed that we want to make it criminal to ask someone to create a sexual deepfake on your behalf, regardless of where they are in the world and regardless of whether the image is created. I remind the House that the Government are making a firm commitment that this will be done quickly. However, this is a complex area of law and any responsible Government should want to ensure that criminal law will function as intended.

I repeat my earlier commitment to provide an update on the specific issue of solicitation at Third Reading. The Government have not only heard the case put forward by noble Lords; they are acting to respond to those concerns and deliver these important changes. We must do this in a way that works alongside existing offences and will be effective in securing convictions, to make sure that victims will be protected and perpetrators brought to justice. I hope that the noble Baroness will bear this in mind as she considers whether to work with the Government ahead of Third Reading or press her amendments later this evening.

I will pick up some of the points made by noble Lords, starting with one made by the noble Baroness, Lady Morgan. I agree wholeheartedly with her point that it does not matter where the good ideas come from; we need to work across this House to try to implement the measures that the noble Baroness, Lady Owen, has inspired this House to support, if I can put it like that.

The noble Baroness, Lady Gohir, asked about audio. I am advised that this is a very novel and difficult aspect of law. While I will do absolutely everything I can in my current role as a Minister to move this forward, I am not in a position to give a more fulsome commitment to the amendment she seeks at this stage. However, I absolutely undertake that we will pursue this matter.

As I said, we commit to addressing solicitation at Third Reading, but the amendments will come back at whatever necessary stage in the House of Commons—so within this Bill. Of course, if any amendment is made there, this House can consider the matter again.

In summary, I hear the concerns that have been raised in this debate and it is my intention to act on those concerns, as far as possible. I hope the noble Baroness will not feel it is necessary to press her amendment, but, whether she presses it or not, I look forward to working with her on these issues in the weeks to come.

[Lord Pannick (CB)]

I just ask the Minister, before he sits down, whether he will address the point that the noble Lord, Lord Stevenson, raised. The Minister said that he will address matters at Third Reading, but of course he can address matters only if an amendment is brought forward. Is he accepting, as I hope he is, that if the Government do not bring forward some form of amendment for debate purposes at Third Reading, it would be entirely appropriate, and the Government would support the idea, that the noble Baroness, Lady Owen, could bring forward her own amendment at Third Reading for the purposes of further of further debate? Is he accepting that?

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, the opening amendment in this group is a government amendment that we are withdrawing, so we are setting up the debate. There could be a similar mechanism at Third Reading. I do not know how it will actually be worked out, but there is an undertaking on behalf of the Government to say how far we have got on the solicitation issue, with a view to moving amendments in the other place.

[Lord Stevenson of Balmacara (Lab)]

Before the Minister sits down, that was exactly the point I was trying to make, and I am very grateful to the noble Lord, Lord Pannick, for raising it again. It does need the Minister to say to the clerk that it is possible for the noble Baroness, Lady Owen, to bring an amendment, if necessary, at Third Reading. If the Minister could repeat that at the Dispatch Box, I think we would both be happy.

[Lord Ponsonby of Shulbrede (Lab)]

Yes. If the noble Baroness wants to bring back a similar amendment on this issue, that indeed can be debated at Third Reading.

[Baroness Owen of Alderley Edge (Con)]

Before the noble Lord sits down, may I get his assurance that deletion will include cloud-based systems and physical copies? He mentioned hardware, but I would like the assurance on the additional physical copies, those held on any device, cloud-based system, digital, messaging or social media platform that a person controls, because you can post something to a personal account without actually having shared it with other people. I would like clarification around that.

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[Lord Ponsonby of Shulbrede (Lab)]

That is certainly the intention of the legislation, but I am aware that it is extremely complex.

[Baroness Owen of Alderley Edge (Con)]

Before the noble Lord sits down again—forgive me—I am concerned about women being inadvertently timed out by the six-month limitation. Could the noble Lord address this point with a little more clarity please?

[Lord Ponsonby of Shulbrede (Lab)]

Yes, I understand the point the noble Baroness makes. but that is also something which we are willing to look at. The noble Baroness’s amendment was on the point at which a woman knows that has been such an intimate image abuse. I would point out to her that there may be many cases where the woman never knows that there has been such a type of abuse. I am thinking of previous legislation on upskirting. There have been successful convictions of people for upskirting where the woman never knew she was a victim and the images were of no particular determinate time. I understand the point the noble Baroness is making and I agree in general terms, but there may be a way of addressing the point, capturing the wider point I am making of women who may not know they are victims.

I beg leave to withdraw Amendment 56A.

Amendment 56A withdrawn.

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[Viscount Camrose (Con)]

My Lords, I thank the noble Lord, Lord Bassam of Brighton, for laying this amendment and introducing the debate on it.

As I understand it, a private copying levy is a surcharge on the price of digital content. The idea is that the money raised from the surcharge is either redistributed directly to rights holders to compensate them for any loss suffered because of copies made under the private copying exceptions or contributed straight to other cultural events. I recognise what the noble Lord is seeking to achieve and very much support his intent.

I have two concerns. First—it may be that I have misunderstood it; if so, I would be grateful if the noble Lord would set me straight—it sounds very much like a new tax of some kind is being raised, albeit a very small one. Secondly, those who legitimately pay for digital content end up paying twice. Does this not incentivise more illegal copying?

We all agree how vital it is for those who create products of the mind to be fairly rewarded and incentivised for doing so. We are all concerned by the erosion of copyright or IP caused by both a global internet and increasingly sophisticated AI. Perhaps I could modestly refer the noble Lord to my Amendment 75 on digital watermarking, which I suggest may be a more proportionate means of achieving the same end or at least paving the way towards it. For now, we are unable to support Amendment 57 as drafted.

[The Minister of State, Department for Science, Innovation and Technology (Lord Vallance of Balham) (Lab)]

I thank my noble friend Lord Bassam for his Amendment 57 on the subject of private copying levies. It reinforces a point we discussed earlier about copying being covered by copyright.

The smart fund campaign seeks the introduction of a private copy levy. Such a levy would aim to indirectly compensate copyright owners for the unauthorised private copying of their works—for example, when a person takes a photo of an artwork or makes a copy of a CD—by paying copyright owners when devices capable of making private copies are sold.

Noble Lords may be aware that, in April 2024, the Culture, Media and Sport Committee recommended that the Government introduce a private copying levy similar to that proposed by this amendment. The Government’s response to that recommendation, published on 1 November, committed the Intellectual Property Office to meet with representatives from the creative industries to discuss how to strengthen the evidence base on this issue. That process is under way. I know that a meeting with the smart fund group is planned for next week, and I can confirm that DCMS is included and invited. I know that the IPO would be glad to meet my noble friend, as well as the noble Lord, Lord Freyberg, and the noble Earl, Lord Clancarty, to discuss this further. I also absolutely assure him that Chris Bryant is aware of this important issue and will be following this.

I am sure my noble friend will agree that it is essential that we properly engage and consider the case for intervention before legislating. Therefore, I hope he will be content to withdraw his amendment, to allow the Government the opportunity to properly explore these issues with creative and tech industry stakeholders.

[Lord Bassam of Brighton (Lab)]

My Lords, I will happily withdraw my amendment. I am delighted to hear of the progress that the Minister has set out. I view his comments as a positive endorsement of the progress made so far.

It is essential that we get more money into the hands of creators, who are an important driving force and part of our economy. It is essential too that we make more funds available for arts generally across the country. This is one way of doing it. The approach was endorsed in a recent Fabian Society publication, Arts For Us All. It identified a number of other potential sources for generating income that could be distributed to the arts and arts organisations.

I commend the Government for taking up the challenge posed by the smart fund and I look forward to playing my part, along with my colleagues on the Cross Benches and others who support this initiative. It could do much to strengthen the funding base for the arts as a cultural sector, which was sadly eroded by the previous Government over the last decade and a half. I beg leave to withdraw my amendment.

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[Viscount Camrose (Con)]

I thank the noble Baroness, Lady Kidron, for moving her amendment. The amendments in this group seek to establish a new status for data held in the public interest, and to establish statutory oversight rules for a national data library. I was pleased during Committee to hear confirmation from the noble Baroness, Lady Jones of Whitchurch, that the Government are actively developing their policy on data held in the public interest and developing plans to use our data assets in a trustworthy and ethical way.

We of course agree that we need to get this policy right, and I understand the Government’s desire to continue their policy development. Given that this is an ongoing process, it would be helpful if the Government could give the House an indication of timescales. Can the Minister say when the Government will be in a position to update the House on any plans to introduce a new approach to data held in the public interest? Will the Government bring a statement to this House when plans for a national data library proceed to the next stage?

I suggest that a great deal of public concern about nationally held datasets is a result of uncertainty. The Minister was kind enough to arrange a briefing from his officials yesterday, and this emerged very strongly. There is a great deal of uncertainty about what is being proposed. What are the mechanics? What are the risks? What are the costs? What are the eventual benefits to UK plc? I urge the Minister, as and when he makes such a statement, to bring a maximum of clarity about these fundamental questions, because I suspect that many people in the public will find this deeply reassuring.

Given the stage the Government are at with these plans, we do not think it would be appropriate to legislate at this stage, but we of course reserve the right to revisit this issue in the future.

[Lord Vallance of Balham (Lab)]

I am grateful to the noble Baroness, Lady Kidron, and the noble Lord, Lord Tarassenko, for Amendments 58 and 71, one of which we also considered in Committee. I suspect that we are about to enter an area of broad agreement here. This is a very active policy area, and noble Lords are of course asking exactly the right questions of us. They are right to emphasise the need for speed.

I agree that it is essential that we ensure that legal and policy frameworks are fit for purpose for the modern demands and uses of data. This Government have been clear that they want to maximise the societal benefits from public sector data assets. I said in the House very recently that we need to ensure good data collection, high-quality curation and security, interoperability and ways of valuing data that secure appropriate value returns to the public sector.

On Amendment 58, my officials are considering how we approach the increased demand and opportunity of data, not just public sector data but data across our economy. This is so that we can benefit from the productivity and growth gains of improvements to access to data, and harness the opportunities, which are often greater when different datasets are combined. As part of this, we sought public views on this area as part of the industrial strategy consultation last year. We are examining our current approach to data licensing, data valuation and the legal framework that governs data sharing in the public sector.

Given the complexity, we need to do this in a considered manner, but we of course need to move quickly. Crucially, we must not betray the trust of people or the trust of those responsible for managing and safeguarding these precious data assets. From my time as chair of the Natural History Museum, I am aware that museums and galleries are considering approaches to this very carefully. The noble Lord, Lord Lucas, may well be interested to see some of the work going on on biodiversity datasets there, where there are huge collections of great value that we actually did put value against.

Of course, this issue cuts across the public sector, including colleagues from the Geospatial Commission, NHS, DHSC, National Archives, Department for Education, Ordnance Survey and Met Office, for example. My officials and I are very open to discussing the policy issues with noble Lords. I recently introduced the noble Lord, Lord Tarassenko, to officials from NHSE dealing with the data side of things there and linked him with the national data library to seek his input. As was referred to, yesterday, the noble Baroness, Lady Kidron, the noble Lords, Lord Clement-Jones, Lord Tarassenko and Lord Stevenson, and the noble Viscount, Lord Camrose, all met officials, and we remain open to continuing such in-depth conversations. I hope the noble Baroness appreciates that this is an area with active policy development and a key priority for the Government.

Turning to Amendment 71, also from the noble Baroness, I agree that the national data library represents an enormous opportunity for the United Kingdom to unlock the full value of our public data. I agree that the protection and care of our national data is essential. The scope of the national data library is not yet finalised, so it is not possible to confirm whether a new statutory body or specific statutory functions are the right way to do this. Our approach to the national data library will be guided by the principles of public law and the requirements of the UK’s data protection legislation, including the data protection principles and data subject rights. This will ensure that data sharing is fair, secure and preserves privacy. It will also ensure that we have clear mechanisms for both valuation and value capture. We have already sought, and continue to seek, advice from experts on these issues, including work from the independent Prime Minister’s Council for Science and Technology. The noble Lord, Lord Freyberg, also referred to the work that I was involved with previously at the Tony Blair Institute.

The NDL is still in the early stages of development. Establishing it on a statutory footing at this point would be inappropriate, as work on its design is currently under way. We will engage and consult with a broad range of stakeholders on the national data library in due course, including Members of both Houses.

The Government recognise that our data and its underpinning infrastructure is a strategic national asset. Indeed, it is for that reason that we started by designating the data centres as critical national infrastructure. As the subjects of these amendments remain an active area of policy development, I ask the noble Baroness to withdraw her amendment.

[Baroness Kidron (CB)]

I am grateful for a breakout of agreement at this time of night; that is delightful. I agree with everything that the Minister said, but one thing we have not mentioned is the incredible cost of managing the data and the investment required. I support the Government investing to get the value out, as I believe other noble Lords do, and I would just like to put that point on record.

We had a meeting yesterday and thought it was going to be about data assets, but it turned out to be about data communities, which we had debated the week before. Officials said that it was incredibly useful, and it might have been a lot quicker if they had had it earlier. In echoing what was said in the amendment of the noble Baroness, Lady Owen, there is considerable interest and expertise, and I would love to see the Government move faster, possibly with the help of noble Lords. With that, I beg leave to withdraw the amendment.

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[Lord Vallance of Balham (Lab)]

My Lords, I thank the noble Lord, Lord Holmes, for his amendments on reviews of and consultations on large language models and data centres. First, on Amendment 59, as we have discussed in some detail, the Government are conducting their consultation on copyright and AI. This will consider issues relating to transparency of creative content in both input and output of AI. This would apply not just to large language models but to other forms of AI. Questions on the wider copyright framework are also included in the consultation, including the issue of models trained in other jurisdictions, importation and enforcement provisions.

A review of large language models, as required by this amendment, as well as the consideration of the specific provisions of copyright law, would prejudge the outcome of that consultation. I might even go so far as to say to noble Lords that the consultation and the process around it is, in a sense, the very review that this amendment seeks—or at least a range of ways may be suggested through that consultation to address these issues, which are important and might be more effective than a further review. I also remind noble Lords about the AI Safety Institute, which, of course, has a duty to look at some of the safety issues around these models.

I reassure noble Lords that we welcome those suggestions and will carefully consider which parts of the copyright framework would benefit from amendment. I reiterate that the proposals the Government have put forward on copyright and AI training will not affect the wider application of copyright law. If a model were to output a creator’s work without their permission, rights holders would be able to take action, as they are at present.

On Amendment 60, as the Prime Minister laid out as part of the AI opportunities action plan, this Government intend to secure more data centre capacity and ensure that it is delivered as sustainably as possible. Noble Lords will have also noted the investment that followed the investment summit targeted towards data centres. The Government are committed to ensuring that any negative impact of data centres is, where possible, minimised and that sustainability is considered. The noble Lord may well be aware of the creation of the AI energy council, which will be led by Secretaries of State for DSIT and DESNZ. That will consider the energy requirements and, of course, the need for future energy requirements, including things such as SMRs. The Government recognise the aim of this amendment, but we do not feel this Bill is the place to address this issue. The accompanying notes to the Bill will detail its environmental impacts.

Amendment 66 calls for a consultation on data centre power usage. The UK has committed to decarbonising the electricity system by 2030, subject to security of supply, and data centres will increasingly be powered by renewable energy resources. The first data centre site has been identified as Culham. Why is it there? It is because the UK Atomic Energy Authority has a very large power supply, with some 100 megawatts of electricity supply available. That will need to increase to something closer to 500 megawatts. How we will select other data centre sites will depend on where there is power and an appropriate ability to put those sites. Noble Lords can expect them to be distributed around the UK. The sector operates under a climate change agreement, to encourage greater uptake of energy-efficiency measures among operators.

Data centres themselves, of course, play a major part in powering the high-tech solutions to environmental challenges, whether that is new tech that increases the efficiency of energy use across towns and cities or development and application of innovative materials and new technologies that take carbon out of the atmosphere. The energy efficiency of data centres themselves is improving with new technologies and will continue to do so. Perhaps that was one of the features of the announcement of DeepSeek—exactly how that might advance rather rapidly. Closed-loop cooling, energy-efficient hardware, heat reuse and hot/cold aisle containment are already having an effect on the energy consumption and output of data centres.

The Government continue to monitor the data centre industry and are aware of the environmental impacts of data centres. I hope that, in the light of the points I raised, the noble Lord will be content not to press his amendments.

[Lord Holmes of Richmond (Con)]

I thank everyone who took part in this short debate, in particular the Minister for that full, clear and helpful answer. In a spirit of throwing roses at this stage of the evening, I congratulate him and the Government on the quick identification and implementation of Culham as the first site for one of these centres. It makes complete sense—as he says, the power already exists there. I urge the Government to move with such speed for the remaining five of the first six sites. It makes complete sense to move at speed to identify these resources and the wider benefits they can bring to the communities where they will be located. For now, I am content to withdraw the amendment.

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[Lord Vallance of Balham (Lab)]

Amendment 67, tabled by the noble Lord, Lord Lucas, would require terms relating to personal attributes to be defined consistently across government data. The Government believe that public sector data should continue to be collected based on user needs for data and any applicable legislation, but I fully recognise the need for standards and consistency in data required for research and evaluation. Harmonisation creates more meaningful statistics that allow users to better understand a topic. It is also an important part of the code of practice for statistics; the code recommends using harmonised standards unless there is a good reason not to.

As I set out in last week’s debate, the Government believe that data accuracy is essential to deliver services that meet citizens’ needs and ensure accurate evaluation and research as a result of that. I will set out to the noble Lord some work that is ongoing in this space. The Office for Statistics Regulation published guidance on collecting and reporting data about sex and gender identity in February 2024, and the Government Statistical Service published a work plan for updated harmonised standards and guidance on sex and gender identity in December 2024 and will take into account the needs for accurate metadata. The Sullivan review explores these issues in detail and should be published shortly; it will be taken into account as the work progresses. In addition, the Government Digital Service has started work on developing data standards on key entities and their attributes to ensure that the way data is organised, stored and shared is consistent between public authorities.

This work has been commenced via the domain expert group on the “person” entity, which has representation from organisations including the Home Office, HMRC, the Office for National Statistics, NHS England, the Department for Education, the Ministry of Justice, the Local Government Association and the Police Digital Service. The group has been established as a pilot under the Data Standards Authority to help ensure consistency across organisations.

As I said last week, it is the Government’s belief that these matters are crucial and need to be considered carefully, but are more appropriately considered holistically outside this Bill. The intention of this Bill is not to define or remark on the specific definitions of sex or gender, or other aspects of data definition. It is, of course, to make sure that the data that is collected can be made available, and I have reiterated my point that the data needs to be both based in truth and consistent and clear. There is work going on to make these new regulations and approaches to this absolutely clear. As such, I urge the noble Lord to consider withdrawing his amendment.

[Lord Lucas (Con)]

My Lords, I am very grateful to the Minister for that explanation. I am particularly glad to know that the Sullivan review will be published soon—I look forward very much to reading that—and I am pleased by the direction the Government are moving in. None the less, we only get a Bill every now and again. I do think we need to give the Government the powers that this amendment offers. I would hate noble Lords opposite to feel that they had stayed here this late to no purpose, so I beg leave to test the opinion of the House.

22:23

Division 2

Ayes: 120

Noes: 105

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[Viscount Camrose (Con)]

I thank the noble Baroness, Lady Kidron, for her amendments. The reliability of computer-based evidence, needless to say, has come into powerful public focus following the Post Office Horizon scandal and the postmasters’ subsequent fight for justice. As the noble Baroness has said previously and indeed tonight, this goes far beyond the Horizon scandal. We accept that there is an issue with the way in which the presumption that computer evidence is reliable is applied in legal proceedings.

The Government accepted in Committee that this is an issue. While we have concerns about the way that the noble Baroness’s amendment is drafted, we hope the Minister will take the opportunity today to set out clearly the work that the Government are doing in this area. In particular, we welcome the Government’s recently opened call for evidence, and we hope Ministers will work quickly to address this issue.

[Lord Vallance of Balham (Lab)]

Amendment 68 from the noble Baroness, Lady Kidron, aims to prevent future miscarriages of justice, such as the appalling Horizon scandal. I thank the noble Baroness and, of course, the noble Lord, Lord Arbuthnot, for the commitment to ensuring that this important issue is debated. The Government absolutely recognise that the law in this area needs to be reviewed. Noble Lords will of course be aware that any changes to the legal position would have significant ramifications for the whole justice system and are well beyond the scope of this Bill.

I am glad to be able to update the noble Baroness on this topic since Committee. On 21 January the Ministry of Justice launched a call for evidence on this subject. That will close on 15 April, and next steps will be set out immediately afterwards. That will ensure that any changes to the law are informed by expert evidence. I take the point that there is a lot of evidence already available, but input is also needed to address the concerns of the Serious Fraud Office and the Crown Prosecution Service, and I am sure they will consider the important issues raised in this amendment.

I hope the noble Baroness appreciates the steps that the Ministry of Justice has taken on this issue. The MoJ will certainly be willing to meet any noble Lords that wish to do so. As such, I hope she feels content to withdraw the amendment.

[Baroness Kidron (CB)]

The Minister did not quite address my point that the consultation is not broad enough in scope, but I will accept the offer of a meeting. Although the noble Lord, Lord Arbuthnot, spoke very briefly, he is my partner in crime on this issue; indeed, he is a great campaigner for the postmasters and has done very much. So I say to the Minister: yes, I will have the meeting, but could it happen this time? With that, I beg leave to withdraw the amendment.

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[Viscount Camrose (Con)]

My Lords, I move Amendment 73 standing in my name which would require the Secretary of State to undertake a risk assessment on the data privacy risks associated with genomics and DNA companies that are headquartered in countries which the Government determine to be systemic competitors and hostile actors. The UK is a world leader in genomics research, and this a growing sector that makes an important contribution. The opportunities in genomics are enormous and we should take the steps needed to protect the UK’s leading role here.

I was pleased to hear from the noble Baroness, Lady Jones of Whitchurch, in Committee that:

“the Government have continued the important work of the UK Biological Security Strategy of 2023, including by conducting a full risk assessment and providing updated guidance to reduce the risks from the misuse of sensitive data”.

The Minister also gave the undertaking that the Government would

“brief the Joint Committee on the National Security Strategy on the findings of the risk assessment in the new year”.—[Official Report, 18/12/24; col. GC 124.]

I would be very grateful if the Minister could confirm whether the Joint Committee has been briefed and, if not, when that will happen.

I look forward to continuing to engage with Ministers on the issue of data security in the face of growing threats from international competitors and hostile actors.

[Lord Vallance of Balham (Lab)]

I thank the noble Viscount, Lord Camrose, for giving me an opportunity to speak for 45 minutes on genomics, which I know everyone will be very grateful for. I shall resist that temptation and thank him for the amendment on security in genomic data.

As he is aware, the UK is a world leader in genomics, and its various datasets and studies have contributed to health globally. I also note that the UK Biological Security Strategy of 2023 has been endorsed by this Government and a variety of measures are under active consideration. I recognise the noble Viscount’s desire for quick movement on the issue and agree with him that this is of great importance. I reassure him that my officials are working at speed across government on this very issue. I would be very happy to brief him and other noble Lords present today on the findings of the risk assessment in due course. We have not yet engaged with the Joint Committee on National Security Strategy but will do shortly as per standard practice.

I hope that the noble Viscount will appreciate that this work is live and will grant a little patience on this issue. I look forward to engaging with him soon on this but, in the meantime, I would be grateful if he would withdraw his amendment.

[Viscount Camrose (Con)]

I thank the Minister for his clear response and for taking pity on the House and not giving us the full benefit of his knowledge of genomics. Meanwhile, I recognise that we have to move with deliberateness here and not rush into the wrong solution. I gratefully accept his offer of further briefings and beg leave to withdraw my amendment.

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[Viscount Camrose (Con)]

It is indeed getting late. I thank the noble Lord, Lord Clement-Jones, for moving his amendment, and I really will be brief.

We do not oppose the government amendment in the name of the noble Lord, Lord Vallance. I think the Minister should be able to address the concerns raised by the noble Lord, Lord Clement-Jones, given that the noble Lord’s amendment merely seeks clarification on the retrospective application of the provisions of the Bill within a month of the coming into force of the Act. It seems that the Government could make this change unnecessary by clarifying the position today. I hope the Minister will be able to address this in his remarks.

[Lord Vallance of Balham (Lab)]

I will speak first to Amendment 76. I reassure noble Lords that the Government do not believe that this amendment has a material policy effect. Instead, it simply corrects the drafting of the Bill and ensures that an interpretation provision in Clause 66 commences on Royal Assent.

Amendment 74, in the name of the noble Lord, Lord Clement Jones, would require the Secretary of State to publish a statement setting out whether any provisions in the Bill apply to controllers and processers retrospectively. Generally, provisions in Bills apply from the date of commencement unless there are strong policy or legal reasons for applying them retrospectively. The provisions in this Bill follow that general rule. For instance, data controllers will only be able to rely on the new lawful ground of recognised legitimate interests introduced by Clause 70 in respect of new processing activities in relation to personal data that take place after the date of commencement.

I recognise that noble Lords might have questions as to whether any of the Bill’s clauses can apply to personal data that is already held. That is the natural intent in some areas and, where appropriate, commencement regulations will provide further clarity. The Government intend to publish their plans for commencement on GOV.UK in due course and the ICO will also be updating its regulatory guidance in several key areas to help organisations prepare. We recognise that there can be complex lifecycles around the use of personal data and we will aim to ensure that how and when any new provisions can be relied on is made clear as part of the implementation process.

I hope that explanation goes some way to reassuring the noble Lord and that he will agree to withdraw his amendment.

[Lord Clement-Jones (LD)]

My Lords, I thank the Minister. There is clearly no easy answer. I think we were part-expecting a rather binary answer, but clearly there is not one, so we look forward to the guidance.

But that is a bit worrying for those who have to tackle these issues. I am thinking of the data protection officers who are going to grapple with the Bill in its new form and I suspect that that is going to be quite a task. In the meantime, I withdraw the amendment.

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Moved by

[Lord Vallance of Balham]

76: Clause 136, page 169, line 20, at end insert—
“(za) section 66 (meaning of “the 2018 Act” and “the UK GDPR”);”Member’s explanatory statement
This amendment provides that the clause defining “the 2018 Act” and “the UK GDPR” for the purposes of Chapter 1 of Part 5 of the Bill comes into force on Royal Assent.