Data Protection: Age-appropriate Design Code

Debate between Baroness Barran and Earl of Erroll

Monday 18th May 2020 Lords Chamber

[Baroness Barran]

We believe that our online harms proposals will deliver a much higher level of protection for children, as is absolutely appropriate. We expect companies to use a proportionate range of tools, including age-assurance and age-verification technologies, to prevent children accessing inappropriate behaviour, whether that be via a website or social media.

[The Earl of Erroll (CB)]

May I too push the Government to use the design code to cover the content of publicly accessible parts of pornographic websites, since the Government are not implementing Part 3 of the Digital Economy Act to protect children? Any online harms Act will be a long time in becoming effective, and such sites are highly attractive to young teenagers.

[Baroness Barran]

We agree absolutely about the importance of protecting young children online and that is why we are aiming to have the most ambitious online harms legislation in the world. My right honourable friend the Secretary of State and the Minister for Digital and Culture meet representatives of the industry regularly to urge them to improve their actions in this area.

Online Pornography: Age Verification

Debate between Baroness Barran and Earl of Erroll

Thursday 17th October 2019 Lords Chamber

[Baroness Barran]

The noble Lord is right that children are exposed to harmful pornography every day. I heard a statistic recently that half a million images are uploaded on to social media, I think, on a daily basis. If that is wrong, we will correct it. Shocking things are going on. The noble Lord will be aware that the original Digital Economy Act did not cover social media, so we really hope that this will be more comprehensive. We are doing a number of things in the meantime, such as sex and relationships education—helping children understand the impact of pornography—and we hope to introduce soon the age-appropriate design code, which was included in the Data Protection Act thanks to the noble Baroness, Lady Kidron.

[The Earl of Erroll (CB)]

Why is DCMS against protecting children from absorbing unsavoury sexual practices at a formative age? I do not understand why it wants to delay so much. Most adult websites are onside for doing something and adopting age-verification controls, as long as rivals are compelled to do so as well. There has been a lot of publicity about this in that world, I am assured. Over a year ago, I chaired BSI Publicly Available Specification 1296 on how to do this anonymously and check anyone’s age online, so it can also be used for other child-protection issues. It also worked with the Home Office online harms issues. It will protect people’s privacy, which is what everyone is worrying about. The Home Office is not charged with our children’s mental health. Equally, DCMS is not charged with data protection, which is what the BBFC has gone and done; that is the job of the ICO. We can sort all this out. The stuff is there; you just need to implement it. The other real problem—

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[The Earl of Erroll]

Okay, right. The question was right at the start. Several AV providers have spent a lot of money on implementing this and getting it all ready to go. Who is going to compensate them? A lot of money has been spent to get this ready in time.

[Baroness Barran]

I refute as firmly as possible any idea that DCMS is against protecting children; clearly, that could not be further from the truth. On the work that I know the noble Earl has done in relation to introducing more digital ways of establishing age verification, we are working actively with the industry on that and absolutely recognise the potential role that technology can play. Those costs are not wasted, because age verification will clearly be part of any solution going forward.

Offensive Weapons Bill

Debate between Baroness Barran and Earl of Erroll

Report: 2nd sitting (Hansard): House of Lords
Monday 4th March 2019 Lords Chamber

[The Earl of Erroll]

My Lords, I rise to support the amendments as well. A lot of effort is going into preserving hill farming and small farming. There is a lot of focus on that area, yet along comes the Home Office, without consulting Defra, Natural England or anyone else, and it could wipe out all the good that has been done elsewhere. We need to start looking at this approach.

On the point made by the noble Lord, Lord Paddick, which runs through the whole thing, this is about disadvantaging UK against foreign business. There is no logical reason to do that. I say to the Minister that, just because this amendment is aimed at knives because it is in this part of the Bill, that does not mean you would not logically continue that through to corrosive liquids. I cannot think how to describe the argument that says that it does not cover that as well, when we have moved on to this part of the Bill. The intransigence of the Home Office has been evident throughout this, and I do not think that is a good argument against sensible amendments later.

[Baroness Barran (Con)]

I am grateful to my noble friend for his amendments, which return us to the proposed prohibition on the dispatch of bladed products to residential premises and lockers.

I hope I can quickly provide my noble friend with some reassurance on the point he has raised but, before I do so, I would like to answer the point he raised on Report, on 26 February, about the definition of “pointed articles” and whether it includes things like screws carried in someone’s pocket. Section 139 of the Criminal Justice Act 1988 makes it an offence to possess in public,

“any article which has a blade or is sharply pointed”,

without,

“good reason or lawful authority”.

Section 141A of the same Act prohibits the sale to under-18s of articles with a sharp point that are,

“made or adapted for use for causing injury to the person”.

The wording “sharply pointed” is used in various parts of the Bill, including Clauses 15 to 17 and Clause 31.

The new offence of arranging delivery to residential premises or a locker is limited to “bladed products”—that is an article which is, or has, a blade and which is capable of causing serious injury by cutting the skin, so does not include pointed articles. It will be for the courts to decide whether an article is sharply pointed, or has a sharp point, in each specific case, but the legislation was clearly never intended to include screws, which are not generally considered to be offensive weapons and which have not been made or adapted for the purposes of causing injury. We are not aware that the definition of pointed articles has caused any problems with the operation of existing offences over the past 30 years.

The amendments in this group would enable bladed products that are used for agricultural or forestry management purposes to be sent by the seller to a solely residential premise. Some agricultural and forestry management items will be caught by the definition of bladed product, and it is therefore reasonable to assume that they will no longer be able to be sent to solely residential premises or a locker. However, the definition of residential premise is limited to those premises that are used solely for residential purposes. My noble friend eloquently set out a number of ways that one could demonstrate whether something was also a business address. It will be a matter for the seller of a bladed product to satisfy themselves that the delivery address is not used solely for residential purposes.

This means that bladed products will still be able to be sent to business premises and this includes, importantly, where a business is run from a residential premise. Therefore, bladed products could be sent to a farm, an agricultural supplier or a forestry centre. They could be sent to the home of a person who runs a self-employed forestry business from their home. We have been clear from the outset that deliveries to farms will not be prohibited under the Bill and, in most cases, agricultural and forestry tools will be related to business activities and should not be affected.

Clause 19 also includes a regulation-making power which will enable further defences to be added by secondary legislation if it becomes clear that the prohibition on home delivery is having a particularly negative impact on certain types of business or not-for-profit activities. A defence for agricultural and forestry equipment could therefore be provided if it becomes clear that there is a detrimental impact on this type of trade or activity. However, for the reasons I have set out, we do not currently think that this is necessary.

I hope I have given my noble friend sufficient reassurance that the deliveries of agricultural and forestry equipment should be largely unaffected by the measures in the Bill. On that basis, I ask him to withdraw his amendment.

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[The Duke of Montrose]

Can the noble Baroness reassure me on a question that I raised at Second Reading? Does the Royal Company of Archers, the Queen’s bodyguard in Scotland, qualify for the Crown’s exemption on weapons? I also asked about a rather shady area, which the noble Earl, Lord Erroll, is probably more familiar with than I am. Are the Atholl Highlanders taken to be doing historical re-enactments, or are they likely at some point to take up weapons as a legal army?

[The Earl of Erroll]

Given that they are the only private army, but are sanctioned by Her Majesty, after Queen Victoria, I find it a very interesting question.

[Baroness Barran]

I can reassure the noble Lord on both questions, and I will write to him to clarify the details.

Offensive Weapons Bill

Debate between Baroness Barran and Earl of Erroll

Report: 1st sitting: House of Lords
Tuesday 26th February 2019 Lords Chamber

[The Earl of Erroll]

My Lords, I want to say a couple of things about this as I have been involved in this area for some time as a result of the Digital Economy Act, which raised exactly the same challenge of trying to check people’s ages. As a result, a lot of work has gone into doing this online or electronically. We can use technology to make this work and that technology exists now.

The great thing is that most young people now have a smartphone, which checks that the correct person is using it as many people now access their phone using a fingerprint or another biometric, such as face recognition. Many of your Lordships probably have a mobile smartphone issued by the House which they unlock with their thumb print, so it is possible to know whose phone it is. Therefore, that can work, and several age check providers—not just the one mentioned, although it is one of the leading ones—are experts in establishing proof of age. They will check people.

A lot of young people will establish their age when they first register if that is the only way that they can operate in the future. They will be checked against another document or something else, so the age check providers know how to do that. When it comes to proving their age to someone else, they do not have to release any personal details; it can be proved on their smartphone or online. What is released is not proof of age but the result of the age check, and a certificate can be issued to show that that has been done.

Therefore, there are several solutions. As I have mentioned before, if noble Lords want to see what they are like, they can go to dpatechgateway.co.uk. If they want to, noble Lords can see that in Hansard later. You can look at and try several solutions there and see how easy they are: these solutions will work very easily online and at the point of delivery by using the recipient’s mobile or similar technology. They are all compliant with the British Standards Institution’s Publicly Available Specification 1296, which goes into exactly how to do this and how to verify that people have done it properly. It also has addenda about privacy and everything like that. I know this because I chaired the steering group—I suppose this is an interest, but I did not get paid for it.

It frustrates me that the technology is there and this Bill says that,

“the accused is to be treated as having taken reasonable steps to establish the purchaser’s age if and only if … the accused was shown any of the documents mentioned in subsection (5)”.

The first two of those are “a passport” and,

“a European Union photocard driving licence”.

I suppose that becomes a problem in a few months’ time—or a few years’ time—because I do not know if the UK photocard licence will be good enough. The list continues:

“such other document, or a document of such other description, as the Scottish Ministers may prescribe by order”.

Does that apply to things in England as well if one Scottish Minister okays it—“The English can use that too”—or are we stuck with a passport? How many people over 18 do not have a passport? The Home Office could enter the 21st century and start to realise that this stuff can be done much more effectively using modern technology. We know that not all passports are genuine. We can move to better standards than are prescribed in this Bill.

[Baroness Barran (Con)]

I am grateful to the noble Lord, Lord Paddick, for moving this amendment in the absence of my noble friend Lord Lucas. The two amendments allow us to consider the merits of prescribing one or more specific electronic methods for establishing the age of a purchaser of a corrosive product or bladed article as an alternative to the examination of official documents such as a passport or driving licence.

Amendment 4 would enable an electronic method of age verification to be prescribed solely for use in Scotland. I assume this is because Clause 1 imposes particular requirements on retailers in Scotland if they wish to benefit from the defence of having taken reasonable steps to establish the purchaser’s age. In Scotland, in line with a number of existing age verification laws that operate in that part of the UK, a retailer is obliged to establish a purchaser’s age by examining his or her passport, photocard driving licence or other document, as prescribed by the Scottish Ministers. There is no such requirement in England and Wales and Northern Ireland. Consequently, Clause 1 would not preclude the use of electronic age verification technology.

The age verification requirements as they apply to Scotland have been discussed and agreed with the Scottish Government and are intended to reflect the law as it currently applies to other age-restricted products. We have drawn the Scottish Government’s attention to my noble friend’s amendment and will ensure that they have sight of this debate. However, they have advised that they would prefer any steps in this area to be taken on a consistent basis across all age verification provisions. As such, they have advised that we should be wary of introducing in this Bill new procedures on a piecemeal basis that disturb wider current age verification procedures related to the sale of age-restricted products in Scotland.

In short, I commend the development of technological solutions to age verification. I am sure that this is something that the Scottish Government will want to look at in future. However, any change to the current arrangements regarding age-restricted products in Scotland should be considered across the piece and not in isolation. As I have said, we will draw the Scottish Government’s attention to this debate.

Amendment 69 would require the Secretary of State to publish and maintain a list of systems assessed as suitable for online and offline age verification. Again, I recognise the place for the use of technology to verify the age of a person seeking to purchase age-restricted products, as a number of noble Lords have mentioned. However, I have concerns about what is proposed here.

I am sure noble Lords would accept that Government cannot be seen to be endorsing one or more proprietary age verification systems over others. There are different types of age verification systems available and a number of different providers. The technology behind these systems is continuing to develop at a very fast pace. There is a danger that, if we prescribe a specific electronic method for age verification, this could quickly be overtaken by technological innovations.

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[The Earl of Erroll]

Before the noble Baroness sits down, I would like to correct her: there is a British standard. As I mentioned, it is PAS 1296. It is technology independent, does not specify anything and is written to be as future-proof as possible. I recommend it to her as some bedside reading to bring her into the 21st century.

[Baroness Barran]

I will certainly do that. I reassure the noble Lord that I did go to dpatechgateway.co.uk, so my bedside reading is now complete.

Offensive Weapons Bill

Debate between Baroness Barran and Earl of Erroll

Committee: 3rd sitting (Hansard): House of Lords
Wednesday 6th February 2019 Grand Committee

[The Earl of Erroll]

I stand corrected, but there are many other things that do too. I do wonder whether we are just homing in on one particular device, when you can make yourself a mortar that can blow up a lot of people. Why would you want to choose that particular weapon? I am very sad when I see us unable to take part in international competitions on a global stage, because we are worrying about something that has not been a problem yet.

[Baroness Barran]

I do not want to stifle the debate but there is concern about the number of groups of amendments we have to get through. If noble Lords could keep their comments reasonably brief, that would be much appreciated.