Online Safety Bill

Debate between Baroness Fox of Buckley and Lord Kamall

Committee stage
Tuesday 9th May 2023 Lords Chamber

[Lord Kamall (Con)]

My Lords, at the beginning of Committee, I promised that I would speak only twice, and this is the second time. I hope that noble Lords will forgive me if I stray from the group sometimes, but I will be as disciplined as I can. I will speak to Amendments 57 and 62, which the noble Baroness, Lady Featherstone, and I tabled. As others have said, the noble Baroness sends her apologies; sadly, she has fractured her spine, and I am sure we all wish her a speedy recovery. The noble Baroness, Lady Fox, has kindly added her name to these amendments.

As I have said, in a previous role, as a research director of a think tank—I refer noble Lords to my registered interests—I became interested in the phenomenon of unintended consequences. As an aside, it is sometimes known as the cobra effect, after an incident during the colonial rule of India, when a British administrator of Delhi devised a cunning plan to rid the city of dangerous snakes. It was simple: he would pay local residents a bounty for each cobra skin delivered. What could possibly go wrong? Never slow to exploit an opportunity, enterprising locals started to farm cobras as a way of earning extra cash. Eventually, the authorities grew wise to this, and the payments stopped. As a result, the locals realised that the snakes were now worthless and released them into the wild, leading to an increase, rather than a decrease, in the population of cobras.

As with the cobra effect, there have been many similar incidents of well-intentioned acts that have unintentionally made things worse. So, as we try to create a safer online space for our citizens, especially children and vulnerable adults, we should try to be as alert as we can to unintended consequences. An example is encrypted messages, which I discussed in a previous group. When we seek access to encrypted messages in the name of protecting children in this country, we should be aware that such technology could lead to dissidents living under totalitarian regimes in other countries being compromised or even murdered, with a devastating impact on their children.

We should also make sure that we do not unintentionally erode the fundamental rights and freedoms that underpin our democracy, and that so many people have struggled for over the centuries. I recognise that some noble Lords may say that that is applicable to other Bills, but I want to focus specifically on the implications for this Bill. In our haste to protect, we may create a digital environment and marketplace that stifles investment and freedom of expression, disproportionately impacting marginalised communities and cultivating an atmosphere of surveillance. The amendments the noble Baroness and I have tabled are designed to prevent such outcomes. They seek to strike a balance between regulating for a safer internet and preserving our democratic values. As many noble Lords have rightly said, all these issues will involve trade-offs; we may disagree, but I hope we will have had an informed debate, regardless of which side of the argument we are on.

We should explicitly outline the duties that service providers and regulators have with respect to these rights and freedoms. Amendment 57 focuses on safe- guarding specific fundamental rights and freedoms for users of regulated user-to-user services, including the protection of our most basic human rights. We believe that, by explicitly stating these duties, rather than hoping that they are somehow implied, we will create a more comprehensive framework for service providers to follow, ensuring that their safety policies and procedures do not undermine the essential rights of users, with specific reference to

“users with protected characteristics under the Equality Act 2010”.

Amendment 62 focuses on the role of Ofcom in mitigating risks to freedom of expression. I recognise that there are other amendments in this group on that issue. It is our responsibility to ensure that the providers of regulated user-to-user services are held accountable for their content moderation and recommender systems, to ensure they do not violate our freedoms.

I want this Bill to be a workable Bill. As I have previously said, I support the intention behind it to protect children and vulnerable adults, but as I have said many times, we should also be open about the trade-off between security and protection on the one hand, and freedom of expression on the other. My fear is that, without these amendments, we risk leaving our citizens vulnerable to the unintended consequences of overzealous content moderation, biased algorithms and opaque decision-making processes. We should shine a light on and bring transparency to our new processes, and perhaps help guide them by being explicit about those elements of freedom of speech we wish to preserve.

It is our duty to ensure that the Online Safety Bill not only protects our citizens from harm but safeguards the principles that form the foundation of a free and open society. With these amendments, we hope to transcend partisan divides and to fortify the essence of our democracy. I hope that we can work together to create an online environment that is safe, inclusive and respectful of the rights and freedoms that the people of this country cherish. I hope that other noble Lords will support these amendments, and, ever the optimist, that my noble friend the Minister will consider adopting them.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, it is a great pleasure to follow the noble Lord, Lord Kamall, who explained well why I put my name to the amendments. I extend my regards to the noble Baroness, Lady Featherstone; I was looking forward to hearing her remarks, and I hope that she is well.

I am interested in free speech; it is sort of my thing. I am interested in how we can achieve a balance and enhance the free speech rights of the citizens of this country through the Bill—it is what I have tried to do with the amendments I have supported—which I fear might be undermined by it.

I have a number of amendments in this group. Amendment 49 and the consequential Amendments 50 and 156 would require providers to include in their terms of service

“by what method content present on the service is to be identified as content of democratic importance”,

and bring Clause 13 in line with Clauses 14 and 15 by ensuring an enhanced focus on the democratic issue.

Amendment 53A would provide that notification is given

“to any user whose content has been removed or restricted”.

It is especially important that the nature of the restriction in place be made clear, evidenced and justified in the name of transparency and—a key point—that the user be informed of how to appeal such decisions.

Amendment 61 in my name calls for services to have

“proportionate systems, processes and policies designed to ensure that as great a weight is given to users’ right to freedom of expression ... as to safety when making decisions”

about whether to take down or restrict users access to the online world, and

“whether to take action against a user generating, uploading or sharing content”.

In other words, it is all about applying a more robust duty to category 1 service providers and emphasising the importance of protecting

“a wide diversity of political, social, religious and philosophical opinion”

online.

I give credit to the Government, in that Clause 18 constitutes an attempt by them in some way to balance the damage to individual rights to freedom of expression and privacy as a result of the Bill, but I worry that it is a weak duty. Unlike operational safety duties, which compel companies proactively to prevent or minimise so-called harm in the way we have discussed, there is no such attempt to insist that freedom of speech be given the same regard or importance. In fact, there are worries that the text of the Bill has downgraded speech and privacy rights, which the Open Rights Group says

“are considered little more than a contractual matter”.

There has certainly been a lot of mention of free speech in the debates we have had so far in Committee, yet I am not convinced that the Bill gives it enough credit, which is why I support the explicit reference to it by the noble Lord, Lord Kamall.

I have a lot of sympathy with the amendments of the noble Lord, Lord Stevenson, seeking to replace Clauses 13, 14, 15 and 18 with a single comprehensive duty, because in some ways we are scratching around. That made some sense to me and I would be very interested to hear more about how that might work. Clauses 13, 14, 15 and 18 state that service providers must have regard to the importance of protecting users’ rights to freedom of expression in relation to

“content of democratic importance ... publisher content ... journalistic content”.

The very existence of those clauses, and the fact that we even need those amendments, is an admission by the Government that elsewhere, free speech is a downgraded virtue. We need these carve-outs to protect these things, because the rest of the Bill threatens free speech, which has been my worry from the start.

My Amendment 49 is a response to the Bill’s focus on protecting “content of democratic importance”. I was delighted that this was included, and the noble Lord, Lord Stevenson of Balmacara, has raised a lot of the questions I was asking. I am concerned that it is rather vaguely drawn, and too narrow and technocratic—politics with a big “P”, rather than in the broader sense. There is a lot that I would consider democratically important that other people might see, especially given today’s discussion, as harmful or dangerous. Certainly, the definition should be as broad as possible, so my amendment seeks to write that down, saying that it should include

“political, social, religious and philosophical opinion”.

That is my attempt to broaden it out. It is not perfect, I am sure, but that is the intention.

I am also keen to understand why Clauses 14 and 15, which give special protection to news publisher and journalistic content, have enhanced provisions, including an expedited appeals process for the reinstatement of removed materials, but those duties are much weaker—they do not exist—in Clause 13, which deals with content of democratic importance. In my amendment, I have suggested that they are levelled up.

NHS: Access to Treatments

Debate between Baroness Fox of Buckley and Lord Kamall

Wednesday 7th September 2022 Lords Chamber

[Lord Kamall (Con)]

A number of noble Lords have already asked that question. I will take it back to department and get an answer.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, could I ask the Minister to read and circulate an article from Saturday’s Guardian by Merope Mills, a devastating account of the preventable death of the journalist’s 14 year-old daughter, Martha? Would the Minister note that Ms Mills, an erstwhile, uncritical NHS cheerleader, stressed that this

“had nothing to do with insufficient resources or overstretched doctors and nurses … austerity or cuts, or a health service under strain”?

Can the Government recognise that this crisis goes far deeper than simply listing numbers, money or technical solutions?

[Lord Kamall (Con)]

The noble Baroness is absolutely right that it is not just about money, although money does play an important role; it is also about processes and efficiency. In my conversations with people who have been in the NHS or medical services for years, many have commented that we still have the same old model: you go to see a GP, you hope to see them for five or 10 minutes and then you are referred to someone in secondary care. There is a much more efficient way of doing that in this day and age. We have to look at the whole model of both health and social care and modernise it.

Coronavirus: New Cases

Debate between Baroness Fox of Buckley and Lord Kamall

Monday 11th July 2022 Lords Chamber

[Lord Kamall (Con)]

We rely on data from the UK Health Security Agency. It monitors this, and looks at ONS data, data on hospitalisations and the capacity of the NHS to absorb the increase in patient numbers if there is one. That is where we take our advice from and that is what would trigger future action, should it be needed.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I confirm that there is anxiety about the rise in Covid cases, but less about the virus itself than a worry that politicians might reintroduce some of the over-the-top restrictions that led to such collateral damage during the past two years. Hindsight or not, I make the point that people are nervous. Very specifically, will the Minister comment on the fact that, for example, some care homes are using the rise in Covid cases to lock down homes and carry on restricting visits with relatives—which we now know is damaging the mental and physical health of so many elderly care home residents, who suffered so inhumanely, not from Covid but from our response to it? Will he encourage those care homes to open up and be a bit more confident?

[Lord Kamall (Con)]

I start by paying tribute to the noble Baroness for her championing of civil liberties issues and making sure there was a debate on them. I will, with pleasure, take back her point on care homes to my ministerial colleagues who are in charge of social care.

Vaccination: Condition of Deployment

Debate between Baroness Fox of Buckley and Lord Kamall

Thursday 3rd February 2022 Lords Chamber

[Lord Kamall (Con)]

The Government continue to review the data, as other countries do. Clearly, we have vaccinated vulnerable children, and there have been moves, particularly with omicron, to look at vaccinating children. We have reduced the age, but we still need more data. Once we have that data, if it is more appropriate, we will vaccinate children, but we have to make sure we have the data because children respond differently.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I have always been opposed to this discriminatory policy on principle, so I welcome the Statement, even if it rather defensive. Will the Minister commit to dumping jabs for jobs and not sacking front-line workers? Will the Opposition roll back on the divisive rhetoric, categorising workers under moralistic labels of vaccinated equals virtuous, and traducing the unvaccinated as selfish or neglecting their professional duty? This seems unhelpful, especially as many of the NHS100k campaign are fully vaccinated, vaccine enthusiasts working in the health service, but who believe in choice and freedom of conscience. Is there any likelihood of the estimated 40,000 care workers who have been driven out of their jobs being compensated for the income lost, never mind being reinstated?

[Lord Kamall (Con)]

I begin by agreeing with the sentiments expressed by the noble Baroness that we should not necessarily be labelling people who decide not to take the vaccine. We should understand individual choice, but with freedom comes responsibility, and we always have to get that balance right. At the same time, I do not think that some of the characterisations that have been given are helpful. Having said that, if people have stopped other people being vaccinated, they should be dealt with by the law. The noble Baroness and I agree on individual choice, but, clearly, this was an emergency and people were dying and it was important that patients going into hospitals and care homes felt confident that they were being treated by staff who would not pass the virus on to them. There is always a difficult balance between liberty and responsibility.

Covid-19 Update

Debate between Baroness Fox of Buckley and Lord Kamall

Wednesday 8th December 2021 Lords Chamber

[Lord Kamall (Con)]

In many public places, advice has been posted about continuing to socially distance, but the main thing is now to wear a face mask and ventilate indoor spaces. But, if social distancing is again seen to be a factor, we will update as soon as we can.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I did not agree with cancelling Christmas last year: I thought that it was disproportionate and far too risk-averse, based on the evidence then. It was cruel, with millions of front-line workers who had worked their guts out during the lockdowns having their parties cancelled and their family celebrations snatched away. Does the Minister understand what has changed now that the public know they were taken for mugs last Christmas? How can seething citizens, including me, give any credibility to data or a risk-averse plan B being based on evidence, rather than a tactic of political crisis management, which is what it feels like?

[Lord Kamall (Con)]

I understand the frustration of the noble Baroness and a number of civil libertarians, but we have always been clear that we have to have a balance between keeping the British people safe by being cautious and making sure that we follow the data. We have always looked at a number of different factors, including hospitalisations, the proportion of admissions due to infection, the rate of growth in cases, vaccine efficacy and many others—but, quite clearly, when we see this doubling rate of the omicron variant and do not yet have enough data, we are being cautious. By doing this now, we could prevent a worse situation later.

Adult Social Care

Debate between Baroness Fox of Buckley and Lord Kamall

Thursday 2nd December 2021 Lords Chamber

[Lord Kamall (Con)]

First, I pay tribute to the work that the noble Baroness has done for carers over many years. She has personally raised with me issues with carers, both paid and unpaid, as well. The White Paper clearly raises issues of professionalising, training and recognising carers to help make this a rewarding career for many. At the same time, it looks at unpaid carers and understands that, for a number of reasons, they are not all similar. Sometimes they are school-age children. We have looked at young carers and at elderly carers—for example my mother, who, in her 70s, looks after an 80 year-old sister who suffers from dementia. They have different needs.

We are first trying to look at how we can help make their task easier, for example through technology freeing up time. We are also looking at respite and how we can make sure they have breaks. We hope that those conversations will be had at the local level, between ICSs and health professionals having meetings directly with the individuals concerned to make sure that unpaid carers have the appropriate support.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I feel torn on this. On the one hand, it is irritating that the White Paper has come out but everybody wants to bash it, when I am relieved that somebody has suggested something. On the other hand, it is not satisfactory. To ask some immediate questions, the crisis of care staff has already been referred to, but I am concerned that the White Paper is being used to avoid talking about the real crisis now. There are genuine problems in care homes in the aftermath of Covid. It is not just about staff, but the fact that relatives are still being denied face-to-face visits. There is still a climate of risk aversion and fear from some managements, with lots of people with dementia being locked in their rooms. All sorts of terrible things are happening and people do not know what to do. I do not want this White Paper to be used to bat things away.

That was the first thing. Secondly, in the longer term, can the White Paper create that vision and be used as a platform? To be honest, I think it is visionless and technocratic. We need to get talking and involve the nation in developing the vision we need. Everybody has an investment in improving this.

Covid-19: Plan B

Debate between Baroness Fox of Buckley and Lord Kamall

Wednesday 20th October 2021 Lords Chamber

[Lord Kamall (Con)]

I am afraid I disagree with the noble Lord on that particular question. In fact, the UK is seen as a leader in the speed and efficiency with which it adopted vaccines. Countries that criticised the UK were, only a year later, saying “How did you do it? How did you manage to roll out your vaccines so quickly?” Of course, things change, and it is very important that we balance all the factors when considering whether to move to plan B.

[Baroness Fox of Buckley (Non-Afl)]

One of the reasons why there is a health crisis at the moment seems to be that it is a non-Covid crisis. Would the Minister comment on the fact that the backlog, the collateral damage of lockdowns, has created a terrible situation? It is non-Covid related, so we should not overreact. Quickly, on plan B, which experts will he take advice from? Will it be Professor Reicher, a behavioural and social psychologist, or the NHS Confederation, run by someone who was on “Moral Maze” with me? Not all experts are experts, or should be listened to.

[Lord Kamall (Con)]

I thank the noble Baroness for pointing out the important issue that there is a trade-off. There are some who continue to argue against moving to plan B, and it is important that we assess the balance of arguments. There are trade-offs within health itself. There will be some patients who will be concerned about plan B because of how it will affect their access to healthcare, and there are other, wider societal factors.