European Union (Withdrawal) Bill

Debate between Baroness Howe of Idlicote and Lord Bishop of Leeds

Report: 4th sitting (Hansard): House of Lords
Monday 30th April 2018 Lords Chamber

[Baroness Howe of Idlicote (CB)]

My Lords, I support the amendment in the names of the noble Baroness, Lady Massey, and other noble Lords. I want to concentrate on the area of online child protection because, as some noble Lords may know, I have followed this subject over the years and the EU has had an important responsibility for it. Child sexual abuse online affects children of all ages and backgrounds and is now perhaps the biggest challenge to our child protection authorities. A recent report by the NSPCC revealed that, in 2015-16, the number of police-recorded offences relating to indecent images increased by 64% in England, 50% in Wales, 71% in Northern Ireland and 7% in Scotland. In 2016, the Internet Watch Foundation identified over 57,000 URLs containing child sexual abuse images and in its most recent annual report found that two-thirds of child abuse content online is hosted in Europe.

Methods of engaging illicitly with children online are ever more technically sophisticated, and are perpetrated by extensive, highly organised cross-border criminal networks. While child protection is a devolved matter and each of the four nations of the UK has its own guidelines and definitions, it is an issue that can be effectively addressed only through strong cross-national co-ordination and collaboration. The EU has developed a harmonised legal response and facilitated cross-border co-operation to tackle this. In particular, the EU sexual exploitation directive introduced clear minimum standards for sanctions and measures to prevent abuse, combat impunity and protect victims. It includes provision for co-operation with Europol, supports constructive dialogue between member states and industry, and adapts criminal law to account for technological developments.

Many of these provisions have now been incorporated into UK domestic law, but legal responses are only part of the solution. We need continued investment in educational and technical resources and to be able to gather data and other forms of intelligence from the investigative authorities abroad. Maintaining co-operation with EU policing and criminal justice agencies and mechanisms is the best way to achieve this. We must not forget that the UK has played a significant and leading role in EU cross-border agencies, sharing our expertise and learning from others. As Peers will know, the outgoing head of Europol is British. My fear is that we may lose influence in these agencies. We have a lot to contribute to make sure that those agencies and mechanisms work effectively to keep children safe, not just in the UK but across Europe. Will the Minister tell the House how she plans to ensure that the UK will continue to use our considerable expertise to help shape EU policing and criminal justice agencies?

Online abuse comes in other forms too, including the widespread manipulation of children through exploitative online advertising, and the use and abuse of children’s personal data without their knowledge or understanding. Such practices affect children in potentially more profound ways than adults, and can significantly compound their vulnerabilities as they progress into adulthood. A strong commitment to a broader framework for children’s human rights, that promotes the rights and interests of children over and above those of commercial operators, is surely the best way of addressing this and other forms of online exploitation of children.

[The Lord Bishop of Leeds]

My Lords, I briefly add my support for this amendment. It seems that much of the debate about EU withdrawal has been about economics, deals and trade, and we cannot speak of children in terms of deals or trade. Some of the most vulnerable people on our continent are children. Perhaps the most important thing is that they are the future as well as the present, and they will not forget how they have been seen and how they are regarded. So I strongly endorse the statement made by the noble Baroness earlier that children are people, not a project. I support the amendment.

Digital Economy Bill

Debate between Baroness Howe of Idlicote and Lord Bishop of Leeds

Report: 2nd sitting (Hansard): House of Lords
Monday 20th March 2017 Lords Chamber

[The Lord Bishop of Leeds]

My Lords, it seems odd in a society such as ours that we are even thinking about how to give access to violent pornography or trying to mitigate it in some way. It seems clear to me that most of us sitting in this House probably have less idea of how online digital communications work than a five year-old. Children—my grandchildren’s generation —are very adept and almost intuit how to do this stuff. The technology is advancing so quickly—more quickly than we can imagine—and you can bet your life that many of our children will find ways around it more quickly than we can set down laws. What is online ought to be held at least to the standard of what is appropriate for offline, because it is online that children, as well as young people and adults, will access this stuff, and it is too easy. If the higher standard applies to offline, surely it ought to be maintained for online communications. Otherwise, we are saying that this is acceptable for the common good and that it represents an acceptable anthropology—our understanding of what a human being is—in which we are happy to normalise violence, the commodification of people and sex, and even the exploitation, not just for sexual purposes but for commercial profit, of something that ought to be held in higher regard.

[Baroness Howe of Idlicote (CB)]

My Lords, I spoke on the subject of prohibited material in Committee and I rise to do so again. In Committee, I raised concerns that if the Digital Economy Bill was amended so that prohibited material could be supplied if placed behind age-verification checks, children were still likely to see this material because the Government have made clear that they are expecting a “proportionate enforcement” targeting the biggest pornography sites—likely to be the top 50 to start with—so we are not creating a world in which children are safe from accessing prohibited material. They will be safer, yes, but not completely safe.

That is the sad effect of government amendments to Clause 16. If they are accepted, it will become acceptable for a website to supply any material so long as it is behind age verification, unless it falls within the very narrow definition of extreme pornography. By doing so, we are giving violent and abusive material a large boost of respectability, as we do not allow supply of the same material via DVDs or UK-based video on demand.

In this context, the fact that the legislation defining prohibited material remains in place does not make these amendments more acceptable. It simply presents a very awkward question for the Government. Why do they not want to enforce the standards set by these laws? The decision to go to the lengths of asking us to change the Bill so that most of the laws that make up prohibited material will not be enforced cannot but send the message that in some ways we regard this as acceptable. How does changing the Bill today to allow pornographic violence that allows injury to the breasts, anus and genitals so long as it is not serious, and serious injury to any other body part, do anything other than normalise violence against women? How is this consistent with the Government’s other messaging on violence against women?

The other government argument—that the CPS will still retain the discretion to prosecute—borders on the absurd. As everyone knows, the vast majority of online porn accessed in the UK comes from websites based in other jurisdictions that cannot be easily reached by our courts. That is the whole point of creating an age verification regulator with the enforcement powers in Clauses 22 and 23, which do not depend on getting errant websites in Russia into court. I am especially concerned that this material will include some images of children. The origins of this part of the Bill were, after all, to protect children. I know that the Internet Watch Foundation has a very effective role in working with internet service providers on photographs and pseudo-photographs of children. However, I am troubled because there is no agreement around the world about the ethics of animated pornographic images of children. The IWF’s role on animated images is restricted to images hosted in the UK.