Artists and Musicians: Working in Europe

Debate between Baroness Barran and Baroness Merron

Thursday 9th September 2021 Lords Chamber

[Baroness Barran (Con)]

Formal approaches have been made by officials and DCMS to the eight states to which the noble Baroness refers. Ministers are also working closely with the sector to amplify each other’s lobbying efforts. I cannot accept her final assertion that we will lose our place in the world, given the talent of our artists and the work that we are carrying out.

[Baroness Merron (Lab)]

My Lords, in addition to the member states that do not allow visa-free touring for UK musicians and performers, there are numerous complications to access the countries that allow it. With more travel now taking place as Covid restrictions lift, will there be a transition fund to support our live entertainment sector similar to that provided to the fishing industry? Can the Minister indicate what assessment has been made of the implications for our UK music and performance sector resulting from the restrictive arrangements for touring in the EU?

[Baroness Barran (Con)]

The noble Baroness is right to say that the situation is more complex than previously and that is why we remain disappointed that our initial ambitious approach was not accepted by the EU. She will be aware that we have given a total sum approaching £2 billion to support our creative sector during the pandemic. We are looking at a range of issues for further support and approaches, including proposals for a creative export office.

Telecommunications (Security) Bill

Debate between Baroness Barran and Baroness Merron

Committee stage
Thursday 15th July 2021 Grand Committee

[Baroness Merron (Lab)]

My Lords, I thank the noble Lords, Lord Fox, Lord Clement-Jones and Lord Alton, for tabling this amendment. The noble Lord, Lord Fox, has set out why they believe this definition of a public electronic communications network is needed. I also appreciated his reference to the importance of consumers, who, after all, are core in all our discussions.

It is important to hear from the Minister whether she believes that this definition is limiting for security purposes and what impact it would have. Perhaps she can advise on whether she feels that anything is missing which should be in there. Would this definition inhibit the future-proofing ability of the Bill? I look forward to hearing from the Minister.

[Baroness Barran (Con)]

This amendment seeks to clarify the definition of a public electronic communications network contained within Section 151 of the Communications Act 2003. I thank the noble Lord, Lord Fox, for moving it. It aims to do this by including specific examples of networks and systems covered by that definition.

In response to the noble Lord’s first question, three of the suggested examples in the amendment are already covered by the current definition of public electronic communications network, to the extent that they are electronic communications networks

“provided wholly or mainly for the purpose of making electronic communications services available to members of the public”.

These three examples are: landline communication systems; mobile data, audio and video networks; and satellite-delivered networks.

However, as the noble Lord explained, the amendment also refers to “digital surveillance networks”. I understand that the noble Lord is referring principally to CCTV and other similar technologies of the kind used by law enforcement and local authorities for specific surveillance purposes. These types of technologies have been raised by a number of noble Lords in previous debates, including the noble Lords, Lord Alton and Lord Fox. Such closed networks do not fall within the definition of a public electronic communications network as set out in Section 151 of the Communications Act. That definition refers to an electronic communications network that is provided

“wholly or mainly for the purpose of making electronic communications services available to members of the public”.

I emphasise “wholly or mainly”, because the noble Lord gave examples of where services might be provided which could reach a member of the public, but not “wholly or mainly”.

The powers in the Bill are intended to create a stronger regulatory and legislative framework to protect against the security threats to our public electronic communications networks and services, such as those provided by companies such as BT and Vodafone. Public networks are those most widely used by businesses and the public and it is right that the Bill should focus on the protection of those networks. Furthermore, any change to the definition of public electronic communications networks to include CCTV and other similar networks to which the noble Lord referred would affect other sections of the Communications Act beyond those relating to security. That is because the current definition of a public electronic communications network is used across Chapter 1 of Part 2 of the Act, and not only in Sections 105A to 105D, which this Bill replaces.

The consequences of such a change would be wide-ranging. For example, Section 127 creates a criminal offence of improper use of public electronic communications networks, as defined by Section 151. If the definition changed, the scope of those caught by that offence would also change. It would also affect other legislation that makes reference to the Act’s definition, such as the Privacy and Electronic Communications (EC Directive) Regulations 2003 or the Insolvency Act 1986. Any such change to the definition would therefore have substantial unintended impacts for providers of digital surveillance networks and for many other entities, including Ofcom, of course.

The noble Lord also asked how the security of digital surveillance networks could be assured. There is of course already legislation and extensive guidance in place to assure security and prevent the abuse of information gathered by CCTV and surveillance camera networks. As noble Lords will be aware, the Information Commissioner’s Office is the UK’s independent regulator for data protection and is responsible for providing advice and guidance on compliance with the UK’s data protection laws. All organisations in the UK that process personal information must comply with the requirements of the UK General Data Protection Regulation and the Data Protection Act 2018. The Information Commissioner’s Office has issued a specific data protection code that provides recommendations on the use of CCTV systems to help organisations comply with the Data Protection Act.

The Information Commissioner’s Office’s code and the Data Protection Act ensure that any personal data gathered via CCTV and similar networks is kept confidential and subject to the highest protections, including secure encryption of data. Where closed networks, such as CCTV and other similar surveillance technology, are used by public bodies or within critical national infrastructure, there are specific arrangements in place. Lead government departments, advisory partners —including the National Cyber Security Centre—and regulators work with infrastructure owners and operators to manage and mitigate the risk of security issues. There are, therefore, already adequate measures in place regarding safe deployment of CCTV and other similar surveillance technologies within the UK. Indeed, we are strengthening the actions we can take in this area.

National Lottery

Debate between Baroness Barran and Baroness Merron

Wednesday 14th July 2021 Lords Chamber

[Baroness Barran (Con)]

I echo my noble friend’s reflection that the lottery distributors played an important part in responding to the pandemic and getting funding to organisations all around the country. There is no specific figure on health, but he is right that the National Lottery Community Fund has that as one of its four key objectives. More broadly, the work of all the lottery distributors could certainly be argued to be making a difference to the nation’s mental health and, particularly in the case of Sport England, to our physical health as well.

[Baroness Merron (Lab)]

My Lords, while the National Lottery has funded many celebrated projects of national and international significance, including London 2012, the V&A in Dundee and the Millennium Stadium in Cardiff, it is also welcome that many National Lottery grants are for £10,000 or less and directed towards small grass-roots projects. What plans are there to increase the numbers of these small grants? Can the Minister give some indication of the support given to community projects where there is a lack of know-how and infrastructure to make a successful application?

[Baroness Barran (Con)]

It is obviously up to the National Lottery to decide those splits between larger and smaller grants, but I know from my recent conversations, particularly with the community fund, that the emphasis on “People in the Lead”, to use its language, is absolutely central to its top three priority approaches. My understanding is that it has a great focus on supporting groups that might otherwise find it difficult to apply for funding.

Telecommunications (Security) Bill

Debate between Baroness Barran and Baroness Merron

Committee stage
Tuesday 13th July 2021 Grand Committee

[Baroness Merron (Lab)]

My Lords, I speak to Amendment 11 in my name and welcome Amendments 7 and 12 in the names of the noble Lords, Lord Fox and Lord Clement-Jones. I was interested that the noble Lord, Lord Fox, referred to a chorus of agreement, which I certainly heard ringing out, expressing concerns about the role that Parliament should have in scrutinising on codes of practice that this Bill currently does not provide for. To me, the codes remind us that the Bill can provide us only with something of a framework, and for many areas there is a wait for the details to be filled in later. As the noble Earl, Lord Erroll, said, the devil, as always, is in the detail.

Clause 3 allows the Secretary of State to issue new telecom security codes of practice that will set out to providers the details of specific security measures that they should take. As we have heard referred to, the impact assessment states that these codes are the way in which the DCMS seeks to demonstrate what good security practices look like. However, I note that Ministers are proposing only to demonstrate but not actually to secure good practice, which I am sure is the real intent—and it would be very helpful if, through this debate, we could get to that place.

I am interested also to note and draw the Minister’s attention to the fact that the Government have said that these codes will be based on National Cyber Security Centre best practice security guidance. The Government have said that they will consult publicly, including with Ofcom and the industry, as we read in the Minister’s letter following Second Reading. That public consultation will be on implementation and revision. However, it strikes me as very strange that the National Cyber Security Centre is not a statutory consultee; can the Minister say why it is not?

I particularly make the point that, as the codes of practice will be admissible in legal proceedings, they have to be drafted accurately and we have to ensure that security input and expertise is fed into them. The National Cyber Security Centre, which is described as a bridge between industry and government and is, indeed, an organisation of the Government, would seem to be a body that should be, in a statutory sense, invited to make the input and offer its expertise, along with other departments and agencies. After all, we can see, when reading about the centre, that its whole reason for being is that it provides widespread support for the most critical organisations in the United Kingdom as well as the general public, and they are absolutely key when incidents, regrettably, occur. We are trying to address those incidents in respect of this Bill.

As we have heard from all noble Lords who spoke in this section of the debate today, the input needs to come from Parliament, which is why I tabled Amendment 11. As the Bill is drafted, the current reading is that a code of practice must be published and laid before Parliament, but there is no scrutiny procedure. I put it to the Minister that if codes have legal weight, why is Parliament being denied the chance to scrutinise them? We seem to have a complete mismatch there. I was taken by the words in the Delegated Powers Committee report, mentioned by the noble Lord, Lord Clement-Jones, in his introduction, which stated that this way of being was “unacceptable” and called for the negative procedure for codes. That is what Amendment 11 does. Can the Minister address specifically the words of that committee report? I refer her to paragraph 27, which says:

“In our view, the Department’s reasons are unconvincing … the fact that codes of practice would be produced after consultation with interested parties cannot be a reason for denying Parliament any scrutiny role; and … the Department appears not to have recognised the significance of the statutory effects of the codes of practice”,


as has been highlighted today. I therefore hope that the Minister will both comment on the report and seek to make what is a very important and significant change in this regard.

I will pick up on one additional point. The impact assessment also says that the codes of practice will have a tiering system for different-sized operators. The initial code will apply to tier 1, which serves the majority of businesses of critical importance to the United Kingdom. This will also apply to tier 2 medium-sized operators but with lighter oversight by Ofcom and longer timetables. Can the Minister offer a draft list of the operators in tiers 1 and 2, and can it be shared with noble Lords? I would also be interested to know whether the Minister has any concerns that tier 2 operators will somehow be worse at compliance. If she has those concerns, what support will be provided to small and medium-sized enterprises? I look forward to her reply.

[Baroness Barran (Con)]

My Lords, I have heard with interest the contributions of your Lordships regarding the parliamentary oversight of the secondary legislation and codes of practice associated with the Bill. I will try not to disrupt the harmony that broke out so agreeably.

Amendment 7 tabled by the noble Lord, Lord Fox, would apply the affirmative procedure to regulations made under new Section 105B in Clause 1. It would require secondary legislation to be laid in Parliament in draft and to be subject to a debate and a vote in both Houses. Both Amendment 11 tabled by the noble Baroness, Lady Merron, and Amendment 12 tabled by the noble Lord, Lord Fox, would require a statutory instrument to be laid in Parliament for the Secretary of State to issue or revise the codes of practice, under the negative or affirmative procedure respectively.

I will first address Amendment 7 and the procedure for the regulations. The Bill currently provides for the statutory instrument containing the regulations to be laid using the negative procedure. This is the standard procedure for instruments under Section 402 of the Communications Act. The only delegated powers in the Bill currently subject to the affirmative procedure are Henry VIII powers to retrospectively amend penalty amounts set out in the primary legislation.

--- Later in debate ---

[Baroness Barran (Con)]

My Lords, I am sorry, as ever, to disappoint the noble Lord, Lord Clement-Jones. With regard to his first point, of course the relationship with providers is important, which is why we have worked so closely with industry throughout the preparation of the Bill. However, as the noble Baroness, Lady Merron, said so eloquently, the relationship with users is also very important; it is that balance that we are seeking to strike. I am sorry if the noble Lord found my remarks grudging or negative; there was a lot of thought behind them.

[Baroness Merron (Lab)]

My Lords, this has been a healthy debate. I thank all noble Lords who have contributed on the various amendments. I certainly noted from her response to Amendment 13 in my name that the Minister shares my understanding of the issues for consumers. The debate has shone a light on the fact that it is not possible to simply put one set of interests above another. I felt in the course of the debate that it has been understood that, while fixed time periods may create an unintended consequence, as the noble Earl, Lord Erroll, said, they do ensure that things are not swept under the carpet. That is really where the amendment was seeking to probe.

I appreciate the point made that, while timescale is at the discretion of telecoms providers, there are certain requirements on them. I still have a sense of nervousness; I hope that, as we proceed with this legislation, the telecoms providers will understand the importance of acknowledging and responding to the very real concerns, interests and threats to consumers when they consider what the words “reasonable and proportionate”, as well as the words “timely manner”, mean. With that, I beg leave to withdraw my amendment.

--- Later in debate ---

[Baroness Merron (Lab)]

My Lords, I have been very interested to hear the arguments put forward by the noble Lords, Lord Clement-Jones and Lord Fox, and the noble Earl, Lord Erroll. As we heard from the noble Lord, Lord Clement-Jones, in his opening remarks, concern about oversight is driving this section of the debate. As we know, Clause 13 ensures that when deciding an appeal against certain security-related decisions made by Ofcom, the tribunal is to apply judicial review principles without taking any special account of the merits of the case.

I understand that this does not apply to appeals against Ofcom’s enforcement decisions and that the Government have said that this ensures that it is clear that the tribunal is able to adapt its approach as necessary to ensure compatibility with Article 6, the right to a fair trial. My questions to the Minister are about the legal advice that the Government have received on this clause. What legal advice has been received? Is this external legal advice as well as internal legal advice?

The clause states that

“the Tribunal is to apply those principles without taking any special account of the merits of the case.”

Can the Minister explain what “special account” is expected to mean?

[Baroness Barran (Con)]

I thank the noble Lords, Lord Clement-Jones and Lord Fox, for tabling this amendment to Clause 13. I am aware that the noble Lord, Lord Clement-Jones, has spoken extensively on the standards of appeal in this House. As the noble Lord remarked, this matter was also raised in the Constitution Committee’s recent report, where it asked for further clarification about the reasoning for the changes made by this clause. I will attempt to address this point today and answer the questions from the noble Lord, Lord Fox, about what we are worried about.

Choirs: Restrictions

Debate between Baroness Barran and Baroness Merron

Wednesday 30th June 2021 Lords Chamber

[Baroness Barran (Con)]

I absolutely agree with my noble friend that amateur choirs are an important part of communities. Indeed, I do not want to diminish in any way the frustration expressed by your Lordships, but we have seen remarkable performances by Zoom choirs and others. I can only repeat that we are following the Public Health England guidance.

[Baroness Merron (Lab)]

My Lords, as we have heard today and on many other occasions, members of choirs and communities across the country are feeling both fed up and overlooked. Does the Minister personally feel comfortable with the fact—and can she offer an explanation for it—that so-called business VIPs are exempted from the range of Covid-19 restrictions while choirs, singers, actors and other artists who have endured over a year of hardship remain subject to a set of rules that, unlike in other areas of life, have remained absolutely static?

[Baroness Barran (Con)]

I know that the noble Baroness recognises the difference in the public health risks between the two activities to which she refers. I also acknowledge that she might be expressing broader sentiments in relation to this.

Dormant Assets Bill [HL]

Debate between Baroness Barran and Baroness Merron

Committee stage
Wednesday 23rd June 2021 Grand Committee

[Baroness Barran (Con)]

I am happy to commit to consider the community wealth fund proposal as we review the range of questions that go into the consultation. I apologise to the noble Baroness: I thought I had answered her questions. The framing in the Bill mirrors that of the devolved Administrations, which is why it is drafted in the way that it is. The Secretary of State has said in public that there will be a full public consultation on the social and environmental causes—I have said it several times at the Dispatch Box—so that is a matter of record.

[Baroness Merron (Lab)]

I thank the Minister for her response to the debate. I note that she acknowledged the importance of consultation and indicated that she concurred with the spirit of my remarks, which I welcome. However, I want to press the point raised by my noble friend Lady Lister about the need for the consultation to be meaningful, not just in how it is but in how it looks, how it feels and how it will work. My noble friend referred earlier to matters in the Bill being “not a good look”. I hope that the discussion today will support any changes the Minister might seek to make as we move along in the process to make the Bill, which is intrinsically good, “a good look” rather than to lose out by being in certain cases less than a good look. The quality of consultation is particularly important in that regard.

The Minister reiterated the point that the Secretary of State will decide who will be consulted and that a “proportionate amount of time” would be spent on the consultation. I believe that is all understood. However, the discussion today seeks to move us beyond that. The Minister’s argument sounds basically to be along the lines of we must trust the Secretary of State and be content with what is known as a “proportionate amount of time”. The point made so well by various noble Lords today is that perhaps it would be a better Bill if we were to be rather more focused and explicit about what we are offering, in terms both of timescale and of those who will be consulted.

I hope that the Minister will reflect on the thinking and consideration that has been given today. I thank noble Lords who have taken part in the discussion on this group, which has shone a light on the ways we could improve matters. I am sure that we will revisit this as we continue to consider the legislation. With that in mind, I beg leave to withdraw the amendment.

Public Representatives: Online Abuse

Debate between Baroness Barran and Baroness Merron

Wednesday 16th June 2021 Lords Chamber

[Baroness Barran (Con)]

The noble Baroness makes her point very powerfully. I imagine that issues around anonymity will be covered by the pre-legislative scrutiny committee, and I look forward very much to its reflections.

[Baroness Merron (Lab)]

On the anniversary of the murder of Jo Cox MP, may her memory be for a blessing. It was an absolute disgrace to see the BBC’s Nick Watt pursued in the street as though he were an animal being hunted down. Decency and democracy demand that journalists can go about their business free from abuse, harassment and physical violence. How does the Minister plan to tackle the growing culture that makes some people think that they have an inalienable right to abuse public figures online and in person? What assessment has been made of the impact of this on the likelihood of underrepresented groups taking their place as public figures?

[Baroness Barran (Con)]

I am not aware of a formal impact assessment of the nature that the noble Baroness suggests, but I am sure she will agree with me that it can only have a deterring effect given the preponderance of abuse towards minority groups in particular.

Going back to the safety of journalists, in the action plan, which was developed together with the National Union of Journalists, the police and others, there are clear calls for training for the police so that they can respond to those issues.

Destination Management Organisations

Debate between Baroness Barran and Baroness Merron

Tuesday 8th June 2021 Lords Chamber

[Baroness Merron (Lab)]

My Lords, local authorities deserve praise for their work during the pandemic to promote staycations: getting people to fall back in love with the great British holiday either by exploring new places in our rich and varied country or revisiting childhood destinations. Are the Government considering giving these hard-pressed councils and destination management organisations additional financial and other support, at a time when the UK desperately needs to grow domestic tourism and the hospitality industry is suffering?

[Baroness Barran (Con)]

The noble Baroness will be aware that the Government have given huge support—over £25 billion—to the tourism, hospitality and leisure sectors. We made an additional grant of £425 million specifically to local authorities, making clear that tourism and events were eligible for that funding, at the discretion of local authorities.

BBC: Dyson Report

Debate between Baroness Barran and Baroness Merron

Tuesday 25th May 2021 Lords Chamber

[Baroness Merron (Lab)]

My Lords, the blunt findings of the report by Lord Dyson make for deeply troubling reading, and I welcome the unequivocal apology by the director-general of the BBC and the review into editorial practices and culture. Is the Minister satisfied that the scope of the review will ensure that such a disgrace cannot happen again? Do the Government agree that veiled threats about the upcoming charter renewal exercise are unhelpful and that the focus really should be on building trust, accountability and service to the public, as we saw in the vital role played by the BBC during the pandemic?

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Baroness Barran) (Con)]

It is obviously up to the board of the BBC to determine the scope of the review. I am sure the noble Baroness has seen the letter today from the chief executive of Ofcom about its work in this area. It is all part of an effort to rebuild trust in the BBC after the dreadful events revealed by the Dyson report.