Data (Use and Access) Bill [HL]

Baroness Butler-Sloss Excerpts

3rd reading
Wednesday 5th February 2025 Lords Chamber

[Lord Phillips of Worth Matravers (CB)]

I simply want to endorse, but not repeat, the propositions of law advanced by the noble Lord, Lord Pannick.

[Baroness Butler-Sloss (CB)]

I will do exactly the same. It is extremely important that magistrates should have the power to imprison as well as to fine.

[Baroness Kidron (CB)]

I have spoken to these amendments at every stage of the Bill. One of the unfortunate outcomes of being a campaigner for online safety is the abuse that we get directly from people who do not want the online world to be safe. That abuse comes in all forms, including that which the noble Baroness is trying to criminalise. I say to the House that we must support the noble Baroness. I am so disappointed that the Government are not here with us. Support the noble Baroness.

--- Later in debate ---

We support the creation of this new criminal offence. In many other aspects of law, we are looking at how to combat this evil developing in the online world, but the approach we have outlined is the best one, and I urge noble Lords not to support the noble Baroness in Amendments 5 and 6.

[Baroness Butler-Sloss (CB)]

Before the noble Lord sits down, may I ask him about the aspect of deterrent? You may have someone—or a company—who is inordinately rich, or someone who is extremely poor, for whom, as he knows, a fine will not work because they do not have any money. There will be instances where a fine would not do but the deterrent would be the possibility of prison.

[Lord Ponsonby of Shulbrede (Lab)]

The noble and learned Baroness makes a fair point. In practice, this offence is very likely to be charged with the threat to share and other offences, which are of course imprisonable in their own right. As I said, there is no limitation to the number of offences that can be charged. We think it more appropriate that this be a fine-only offence, given the plethora of other offences which can be charged in this field.