(2 years ago)
Lords ChamberMy Lords, I draw to the attention of the Committee that in the amendment we are about to discuss, the Marshalled List says,
“leave lines 4 to 6”.
I believe it should say “leave out” and that is what I propose. If I am wrong, I hope somebody will shout.
My Lords, it is a great pleasure to follow the noble Lord, Lord Winston, and, indeed, our very acute Committee chair. I will speak to my Amendments 11 and 86 in this group. It is a great pleasure to follow the House’s acknowledged expert, who set out very clearly the major problems with this Bill and, indirectly, made the arguments for the two amendments I am presenting here. It is perhaps worth starting with my Amendment 86, which amends the Short Title of the Bill, leaving out “Precision Breeding” and inserting “Genome Editing”. I am very happy to debate whether that should be “gene editing” or whatever, but I think the noble Lord, Lord Winston, clearly set out the reasons why we should not be debating a Bill called “Precision Breeding”. As he said, there is no such thing as precision in biology.
There are many areas of science in which “precision” is appropriate and extremely useful. We think about elements of physics and mechanical engineering, say, and talk about going down to millimetres, micrometres, nanometres. We can look at how those might change when the temperature changes, for example. All of those things will be eminently, entirely predictable. That is true of physical properties, but it is not true of biological properties, as the noble Lord, Lord Winston, clearly set out.
I covered this issue extensively at Second Reading, so I am not going to go into it at great length, but essentially, precision breeding is an advertising slogan; it is not a legal description. I do not believe that an advertising slogan should have a place in the title of a Bill. Interestingly, when it was put to me that I should seek to amend the Short Title, a technical expert said to me, “You will never get that through the Clerks”. In fact, it went through without a murmur. I think there is a real awareness that this Bill is not properly titled.
(3 years, 5 months ago)
Lords ChamberMy Lords, I understood that the noble Baroness, Lady Bennett, had withdrawn from this debate—but she is shaking her head at me, so I assume that she wishes to speak. I think I should make it clear that her name is listed as having withdrawn; however, I will call her now.
Thank you. There was an administrative snafu, which I understood had been sorted out. I apologise. I did not mean to withdraw from this debate and thought that it had been fixed.
I will be very brief anyway. It is a great pleasure to follow the noble Baroness, Lady McIntosh of Pickering, and to thank the noble and learned Lord, Lord Hope of Craighead, for this amendment. I wish to speak to it briefly to highlight the way in which it helps to stress and shows the interaction between this Bill and so many other Bills, and the fact that the environment is now part of everything we do and there will be environmental impacts on all legislation.
What we are talking about here is a way of finding joined-up government, so that we do not have the siloed thinking that says, “This is environment and this is security and this is education”. My understanding of what the noble Lords who tabled this amendment are trying to do is get a functional way to do this—and it is very important that we do, so I thank them for their efforts. We need to make sure that Clause 19 really works for the future operation of the law and of government.
(3 years, 9 months ago)
Lords ChamberMy Lords, it is a great pleasure to follow the noble Baroness, Lady Altmann, and her powerful plea, which I hope the Government will listen to. I also speak to Amendment 1 in the names of the noble Lords, Lord Stevenson of Balmacara, Lord Sharkey and Lord Eatwell, to which I was pleased to attach my name, as I did to a very similar amendment in Committee.
Any noble Lords who have read the Second Reading debate will note that I majored on a “duty of care” in my speech. I used what you might call an expanded definition of “duty of care” to suggest that it might not be too much to put on the face of the Bill a demand that the financial sector should not engage in reckless, fraudulent, corrupt, obviously damaging systemic behaviour, including shipping off tranches of cash into tax havens, deploying complex financial instruments that they clearly do not understand and handing over control of markets to automated systems without adequate controls—things that threaten the security of all of us. But while I believe that principle remains sound, the lawyers convinced me that, in narrow legal terms, “duty of care” could not be stretched that far.
What the amendment here clearly introduces is a duty of care to individual customers. As proposed new subsection (2)(ea) says, their
“vulnerability, behavioural biases or constrained choices”
should not be exploited. Once, perhaps, such a clause was not necessary. There was a not ideal, but certainly useful, constraining paternalism: your local bank manager would look after you, both in limiting borrowing and in making allowances for unexpected disasters, personal and business. That has long gone—as of course has, almost universally, the local bank manager and, all too often, the local bank branch—so we need the law to step in to protect people to constrain the behaviour of financial institutions. As noble Lord, Lord Sharkey, said, we are in a situation where malfeasance has just continued to grow, with technical developments being one cause of that and, as noble Baroness, Lady Altmann, said, scandals and fraud have plagued consumers.
So that is the institutional side of where we are, but we also have to think about the state that people and our society are in today and make the law fit for our modern times, for these are times of massive insecurity. The idea of saving, or of even making the incoming funds match the essential outgoings each month, was an impossible dream for millions of people even before the arrival of the SARS-CoV-2 virus.
No one can know when sudden illness might strike—this Bill has been championed by Macmillan Cancer Support, to whose work I give credit—or it could be a redundancy or a pandemic that strikes people unexpectedly. That is one side of vulnerability and care that financial institutions should acknowledge. As Macmillan highlights, almost one in three of those severely financially impacted by their cancer diagnosis had to take out a loan or credit card debt. That is a public health issue. What we have are institutions that have been making profit from customers, sometimes for decades, and they have a duty to act compassionately and fairly in such circumstances.
But I think we also need to pay a bit of attention to the elements of the proposed new clause referring to “behavioural biases” and “constrained choices”. The noble Lord, Lord Holmes of Richmond, has been a rather isolated champion in this Bill on issues around the use of artificial intelligence algorithms and issues such as their potential bias, but he has also highlighted the way in which financial companies now have a historically uniquely detailed understanding of customer behaviour and the chance to exploit that through complex, opaque mechanisms.
As the noble Lord, Lord Stevenson of Balmacara, said in introducing an amendment, there has always been asymmetrical access to information between financial sector companies and their clients, but this has been massively magnified by technology—something that is only likely to grow. To create an assumption that this inequality of arms should not be misused should, we hope, constrain the behaviour of the financial sector—or at least, if it does not do that, provide a potential route for redress should it occur. There are already many who have need to seek redress for the behaviour of financial sector companies. I spent time with some of them this morning at a meeting of the Transparency Task Force.
As noble Lord, Lord Stevenson, said, the Government are likely now to say “Wait”—but why? We know that there is already an existing massive problem and a huge risk. If the Government do not acknowledge the need to act now, I offer the Green group’s strong support for the intention of the noble Lord, Lord Stevenson, to test the view of the House.
The noble Lord, Lord McNicol of West Kilbride, has withdrawn from the debate, so I call the next speaker, the noble Baroness, Lady Tyler of Enfield.
(4 years, 3 months ago)
Lords ChamberMy Lords, I have two requests to speak after the Minister from the noble Baroness, Lady Bennett of Manor Castle, and the noble Lord, Lord Kennedy of Southwark.
My Lords, the Minister had clearly not been informed that I was already waiting to ask a question, so I hope this does not come as too much of a shock to him. However, in the interests of clarity in this debate, I am sure he will agree to note the fact that the human ecological footprint is a product of a number of people in an area or nation, or on the globe, multiplied by their consumption level. I am sure he will know that the people of the UK collectively consume our share of three planets’ resources each year, but we have only one planet. Even if we had half the number of people in the UK that we have now, we would greatly exceed the planetary limits.
Can the Minister confirm the Government’s understanding of the essential environmental approach in areas ranging from the climate emergency—noting our special responsibilities as COP26 chair—to the nature crisis and water concerns that we discussed earlier in Oral Questions? The key approach is transforming our currently wasteful, destructive treatment of the planet as a mine and dumping ground, which has produced a miserable, insecure and vulnerable society—as exposed by Covid-19—that exceeds a significant number of planetary boundaries.