TV Licence Non-payment: Women

Baroness Jones of Moulsecoomb Excerpts

Tuesday 5th March 2024 Lords Chamber

[Lord Parkinson of Whitley Bay (Con)]

The Simple Payment Plan does help people pay the television licence fee at present. As I say, we are looking at all the ways in which the BBC might receive its funding in the future, taking into account the declining number of people paying for a licence, but looking at all options to make sure that it has the revenue it needs to continue doing the work for which it is much admired.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, the Government have known for some time about this injustice of the prosecution of a majority of women rather than men. Why are they not doing something about it faster, and when will the BBC review actually report?

[Lord Parkinson of Whitley Bay (Con)]

The Government consulted on decriminalisation of TV licence evasion in 2020, and we published our response in 2021. The appropriate time to make this decision is as part of the BBC funding model review, when we can look at the way we can get the sustainable funding for the corporation that everyone wants to see.

Young Female Racing Drivers

Baroness Jones of Moulsecoomb Excerpts

Tuesday 18th April 2023 Lords Chamber

[Lord Dobbs (Con)]

Can I encourage my noble friend not to get too involved in trying to run Formula 1 but instead to concentrate on drivers in London—ordinary Londoners who want to drive their kids to school in the morning, who want to drive their teenage sons and daughters to sports fields in the evening and who perhaps want to drive their elderly parents to the doctor or a hospital—by knocking on the head the bonkers plan of the Mayor of London to penalise everybody who wants to drive on any street in London?

[Baroness Jones of Moulsecoomb (GP)]

Nonsense!

[Lord Parkinson of Whitley Bay (Con)]

My noble friend’s point will, I am sure, have been heard on the Benches opposite, and I am sure that they will pass on to the Mayor of London the strong views in this House and from drivers across the capital about his policies.

Repatriation of Cultural Objects

Baroness Jones of Moulsecoomb Excerpts

Tuesday 6th September 2022 Lords Chamber

[Lord Parkinson of Whitley Bay (Con)]

My Lords, many museums do that; it is the job of museums to explain the context of items. In my experience, museums are very keen to continue filling in that, in all its complexity. In the case of the Benin bronzes, which were taken in a raid in February 1897, it points out the role of the British Empire at the time. I should also point out that that raid brought about the end of slavery in Benin, showing the full complexity of matters in the past.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, as an ex-archaeologist, I would like to point out that we do not own the Elgin marbles. I thought that Lord Elgin paid for them, but apparently there is no proof of that, so they are looted. It is a national embarrassment. I was in Greece this summer and saw the Parthenon and there is a vast gap where the marbles should be. It is time to send them back.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, as I have said in response to previous questions on the matter, the Acropolis Museum is a marvellous museum where you are able to see the Parthenon in the background. However, more people see the Parthenon sculptures in the British Museum annually within a great sweep of human civilisation. They were legally acquired by the museum in 1801 and the trustees are right in their assertion of that fact.

Freedom of Speech

Baroness Jones of Moulsecoomb Excerpts

Friday 10th December 2021 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

I thank the most reverend Primate the Archbishop of Canterbury for tabling this debate. He gave an excellent speech and, in spite of being an atheist, I agreed with almost every word; I was very impressed.

This debate comes after a few years of increasing suppression of civil liberties and human rights here in the UK. Freedom of speech is about engaging with all sorts of ideas, biases and creeds to make up the public discourse. As a Green, I am well aware of how important it is to talk and try to convince people about the environmental crisis—especially those in power who can actually do something about it, however little. I might regard this Government as political enemies, and as arrogant and repressive, but I think it is worth engaging and very much hope they feel it is worth engaging with Greens.

I like the way people in society at the moment are questioning whether schools named after slave owners ought to change their names, or whether country houses need to explain to their visitors the dark side of their history by putting front and centre how their owners made their fortunes. All that is part of robust debate; if some people feel uncomfortable, perhaps they should be.

There are things I do not like. I do not like Russian bots on Twitter and the made-up Facebook profiles that distorted the discussion about Brexit and still seek to destabilise our democracy. I do not like the way social media gives the impression of free and equal debate, but has in fact allowed dark money to contaminate that debate and to give those with money the ability to divide and rule. Nor do I like the way some social media platforms created algorithms that promote rage and division. Social media should give us the chance to share information, reach out and engage, but instead it is often designed to reinforce the bubble culture of people finding others they can agree with. I definitely do not like the way some women have been silenced and de-platformed for raising concerns about what they see as an erosion of their rights. I also do not like discourse that is rude and threatening, because that is another way of silencing people who are just trying to be who they are inside.

In the UK at the moment there is a huge gap between respecting our political enemies and the sort of legislation this Government are introducing, which attempts to crush dissent. The assault on our democracy by this Government is the biggest threat to freedom of speech and even freedom of expression. That is the threat that deserves most of our attention, because each bit of legislation we pass here is making that threat grow. This Government are silencing campaigners and turning dissent into a crime while rewarding the lobbyists and money men. They are removing democratic safeguards on ministerial power while setting up a special unit to filter freedom of information requests that might reveal something damaging to them.

Things were far from perfect in the past, but the last decade has seen a vast extension of the repressive state. The old normal was undercover police spying on campaigns for justice, such as those of Doreen Lawrence—now the noble Baroness, Lady Lawrence—and a thousand other non-violent campaign groups. The new normal is giving those undercover police legal immunity for any crimes—this came through your Lordships’ House. The old normal was D notices that stopped the public finding out national secrets like the bunkers that sheltered the rich and powerful in the event of nuclear war, but the new normal is referring school kids to Prevent for supporting the eco-warriors of Greenpeace.

The old normal was the Special Branch holding files on Labour Ministers. The new normal is putting tens of thousands of people on databases as domestic extremists. I am proud to say that I was on that police database for domestic extremists while a member of the Metropolitan Police Authority, fighting, at the time, for the traffic police to get more resources to deal with road crime. Caroline Lucas, at the other end, was labelled a domestic extremist, as was a local Green Party councillor and thousands of others. We were elected to give a voice to hundreds of thousands of people who voted Green, yet we were watched and monitored by the police.

While I welcome this debate on freedom of speech, I feel that we in your Lordships’ House actually can and should do more: we should be a watchdog by protecting the right to effective protest and stopping the worst excesses of state power. That starts with rejecting the draconian powers in the Police, Crime, Sentencing and Courts Bill, which we are currently dealing with and which will be with us next year as well. That rejection of those measures would be a defence of free speech.

Finally, I was in your Lordships’ House yesterday and wanted to take part in a debate. The Labour Benches were quite full, so I sat on the Bishops’ Bench. When I tried to speak, I was told that I could not speak from there. I tweeted about it, and someone tweeted back:

“Ridiculous they can stop you speaking the truth from the wrong seat but in the other house they can’t stop you from lying from the dispatch box.”

Racism in Sport

Baroness Jones of Moulsecoomb Excerpts

Tuesday 13th July 2021 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

Surely the Government can see that when senior politicians, such as our Prime Minister and the Secretary of State for the Home Office, make dog-whistle comments and do not slap down racism, the Cabinet and Government themselves have a problem.

[Baroness Barran (Con)]

I do not accept what the noble Baroness says. I have quoted twice now what the Prime Minister has said, which has been crystal clear on this subject. The Home Secretary has also been clear that there is no place for racism in this country, and she knows very well from her own experience.

Data Protection Bill [HL]

Baroness Jones of Moulsecoomb Excerpts

Monday 14th May 2018 Lords Chamber

[Lord Freyberg (CB)]

My Lords, I support Amendment 53A, moved by the noble Lord, Lord Mitchell. In doing so, I wish to make two specific points that follow on from his speech today. First, the amendment crucially recognises the importance of measuring what we as a nation are doing with data of significance before we take important, industrially strategic decisions on how we make the most of this vital national resource.

The noble Lord and others have made the analogy of data as the new oil. That analogy works particularly well for personal data as, like oil, it is potentially as toxic as it is valuable, and it must be carefully handled and not allowed to be released into the environment without due care. If we are to best manage, protect and distil it, we must first learn where and how it is being moved, used and commercialised. Can we as a nation easily answer the question that we are asking of Facebook or the former Cambridge Analytica: how much data are we commercialising at home and abroad, and to whom? If not, why not? Progressive and young, emerging nations are reviewing how they use their national data for national advantage, and we must make a concerted effort to do the same.

My second point is how the amendment therefore recognises that this measurement should be done centrally, not burdening already stretched government departments with developing their own approaches. While these departments must remain involved to provide domain insight into certain data types—for example, health and social care—the National Audit Office or other bodies should take charge of a cross-departmental process for measuring and tracking these flows of significant and valuable data. In this way we should be able to develop a consistent, coherent view of how we are handling our data reserves, which will give us the best possible evidence upon which to base our decisions on a secure approach to maximising their impact for our future national good. I therefore hope the Minister will be able to shed some light today on how this process is being thought through.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I support Amendments 53A and 53B, tabled by the noble Lord, Lord Mitchell.

I must express my general frustration at the Bill. There is so much information, so much data of national significance that, it is clear, will be abused by the Government, whether or not they know that they are doing so. The Windrush scandal showed just how badly the Home Office gets things wrong, and the Bill’s provisions allow the sharing of people’s data which would further the “hostile environment” policy. I am very disappointed that the Government have not tabled amendments to curtail the broad powers in the Bill that will allow for such abuse.

There are so many cases of people who are victims of serious crime—of rape, violence and people trafficking—who are being reported by the police to the Home Office and then being arrested, detained and deported. At least 27 police forces have admitted that they do this. Ministers cannot possibly claim to be learning from those instances, just as they appear not to have learned from Windrush, while they continue to include such cruel and intrusive powers in the Bill. The fact that the Government can get things so horribly wrong is why the amendment should be included.

We have heard that data is more valuable than oil. It is more valuable than oil or gold. It is the boom industry of our times, and the temptation for government to allow its exploitation by the commercial sector—the predatory big tech organisations to which the noble Lord, Lord Mitchell, referred—will be overwhelming, especially in this age of austerity when money appears to be so short.

This is not just an issue of exploitation in a negative sense: there are lots of opportunities for government data to be used to empower communities. We can do things such as monitor air pollution and hold the Government to account by using this data. I am excited by those opportunities, but they need proper regulatory oversight to ensure that data is used for good. The control and processing of nationally important data must be properly overseen by the Information Commissioner and the National Audit Office. The Government recognised this in the Bill as drafted, and I do not understand why that has been removed—perhaps the Minister could explain.

I really hope that the Minister will support the amendments, but I rather suspect he will not.

[Lord Clement-Jones (LD)]

My Lords, on these Benches, we are very sympathetic to Amendments 53A and 53B. Like the noble Lord, Lord Mitchell, we find it difficult to understand why it has been impossible to come to some sort of agreement. I hear what the Minister said: that he is sympathetic, but not so sympathetic that he agrees with the amendments. This disagreement about whether a statutory code, guidance or whatever is the right way forward seems to be dancing on the head of a pin.

I pray in aid the intervening report of the AI Select Committee on precisely this matter, which supports the contentions of the noble Lord, Lord Mitchell. In our report, we stated:

“Increasingly, public sector data has value. It is important that public organisations are aware of the commercial potential of such data. We recommend that the Information Commissioner’s Office work closely with the Centre for Data Ethics and Innovation in the establishment of data trusts, and help to prepare advice and guidance for data controllers in the public sector to enable them to estimate the value of the data they hold, in order to make best use of it and negotiate fair and evidence-based agreements with private-sector partners”.


That seems fair and square along the lines proposed by the noble Lord, Lord Mitchell.

In the course of our inquiry, we also looked carefully at the sorts of arrangements made by DeepMind—not only the benefits, which he very fairly outlined, but the issues with how sharing that data was organised, which of course led to an investigation by the Information Commissioner’s Office. Of course, NHS data is particularly important in this context. In our report, we stated:

“The data held by the NHS could be considered a unique source of value for the nation. It should not be shared lightly, but when it is, it should be done in a manner which allows for that value to be recouped”.


So, fair and square, we are with the noble Lord, Lord Mitchell.

It would be somewhat ironic if the Secretary of State, in his response to our Select Committee in three or four weeks, said, “Yes, we agree: there should be something along these lines”, but we had missed the opportunity in this Bill.

Data Protection Bill [HL]

Baroness Jones of Moulsecoomb Excerpts

Report: 2nd sitting (Hansard): House of Lords
Wednesday 13th December 2017 Lords Chamber

What is the Government’s answer to the lack of anything in the Bill that reflects that sentence as regards automated decision-making? Clause 13 as amended is intended to fill that gap and I very much hope that the Minister will see it as an attractive and practical way of improving the Bill. I beg to move.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I support Amendment 34 and will speak to Amendments 35, 93, 100, 101 and 102. I retabled these amendments because I think I did not make myself clear in Committee and some of the Ministers’ replies seemed confused. It was pacifying to be soothed in that way but I still have a problem. The noble Lord, Lord Ashton, said:

“All decisions relating to the processing of personal data engage an individual’s human rights, so it would not be appropriate to exclude automated decisions on this basis”.—[Official Report, 13/11/17; col. 1871.]


My point was that there is confusion between the gathering of evidence, the processing and decision-making. My amendments do nothing to inhibit automated data processing or seek to move us back to handwritten records. Automated data processing is unaffected by my amendments, which focus on decisions based on data, however the data is processed. Data could be gathered, processed and analysed completely automatically with no human involvement—a computer could even generate a recommended decision—but where human rights are engaged, the final decision must be made by a human being.

There was similar confusion in the replies of the noble Baroness, Lady Williams, in regard to law enforcement and intelligence service decisions. She said that,

“the unintended consequences of this could be very damaging. For example, any intelligence work by the intelligence services relating to an individual would almost certainly engage the right to respect for private life. The effect of the amendment on Part 4 would therefore prevent the intelligence services taking any further action based on automated processing, even if that further action was necessary, proportionate, authorised under the law and fully compliant with the Human Rights Act”.—[Official Report, 15/11/17; col. 2073.]

Again, there is confusion between the processing, gathering of data and making the decision where human rights are engaged.

I repeat that my amendments allow for data to be processed automatically: they do not allow for a computer to make a decision contrary to someone’s human rights. Decision-makers can be supported by automated processing but the ultimate decisions must be made by a human being. We have to have this vital safeguard for human rights. After all the automated processing has been carried out, a human has to decide whether or not it is a reasonable decision to proceed. In this way we know where the decision lay and where the responsibility lies. No one can ever say, “We messed up your human rights. We interfered with your human rights and it is the computer’s fault”.

I am grateful to Liberty for drafting the amendments I have tabled and I hope that I have explained them fully and rather better than in Committee. I look forward to the Ministers’ replies. I feel strongly about this issue. These words have to be in the Bill so that it is absolutely clear that human rights are protected.

[Baroness Hamwee (LD)]

My Lords, I support my noble friend’s amendments. The points that he made apply almost entirely to Amendments 91, 92 and 94, which relate to later parts of the Bill, including particularly the phraseology “solely” and in Amendment 94 “solely” or “partially”.

I am pleased that the noble Baroness, Lady Jones, decided to retable her amendments. What she said can be summed up as, “Human rights, so human decision”. Human beings will ensure transparency and accountability in a way that machines simply do not. The Minister smiled when the noble Baroness said that she was not sure whether she was clear on the last occasion. I rather wish that I could ask her to give us the reassurances and concessions that that smile might have indicated, but I do not know.

These issues are extremely important. I was thinking about them over the weekend and, although it sounds patronising, the Government are entirely correct to ensure that human rights are engaged in these subjects. Given how central human rights are, they cannot be thought of as an occasional peripheral, particularly not as regards law enforcement and security issues. I have come full circle to thinking that the protection of human rights should be spelled out at the start of the Bill, which would take us back to our debate on Monday about an introductory clause covering the protection of a subject where the right is not absolute because of the criteria of necessity and proportionality. I think that that should be made clear in the Bill and it would put what the noble Baroness is seeking to achieve in her amendments in the right context. I support her in this.

Data Protection Bill [HL]

Baroness Jones of Moulsecoomb Excerpts

Committee: 6th sitting (Hansard): House of Lords
Wednesday 22nd November 2017 Lords Chamber

[Lord Clement-Jones]

My Lords, I strongly support Amendment 184. The Minister will have noticed that Amendment 185 would simply import the same provisions into applied GDPR for this purpose. The rationale, which has been very well put forward by the noble Lord, Lord Stevenson, is precisely the same.

I do not know whether the Minister was choking over his breakfast this morning, but if he was reading the Daily Telegraph—he shakes his head. I am encouraged that he was not reading the Daily Telegraph, but he would have seen that a letter was written to his right honourable friend Matt Hancock, the Digital Minister, demanding that the legislation can and should contain the second limb that is contained in the GDPR but is not brought into the Bill. The letter was signed by Which?, Age UK, Privacy International and the Open Rights Group for all the reasons that the noble Lord, Lord Stevenson, put forward. The noble Lord mentioned a number of data breach cases, but the Uber breach came to light only last night. It was particularly egregious because Uber did not tell anybody about it for months and, as far as one can make out from the press reports, it was a pay-off. There is a very important role for such organisations to play on behalf of vulnerable consumers.

The Which? survey was particularly important in that respect because it showed that consumers have little understanding of the kind of redress that they may have following a data breach. A recent survey shows that almost one in five consumers say that they would not know how to claim redress for a data breach, and the same proportion do not know who would be responsible for helping them when data is lost. Therefore the equivalent of a super-complaint in these circumstances is very important. To add to that point, young people are often the target of advertising and analysis using their personal data. I think they would benefit particularly from having this kind of super-complaint process for a data breach.

I hope very much that the Government, who I believe are conducting some kind of review, although it is not entirely clear, will think about this again because it is definitely something we will need to bring back on Report.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I support Amendment 184. As the noble Lord, Lord Stevenson, said, the GDPR does allow not-for-profit organisations to lodge complaints about suspected breaches of data protection without needing the authorisation of the individuals concerned. I really do not understand why this has been taken out; it is such an important piece of legislation that gives teeth to data protection. Most people do not have the time or the inclination to lodge complaints against data controllers. So many organisations are now holding data about us that it is ridiculous to suggest that individuals can become data detectives responsible for finding out who holds data on them and trying to work out whether that data is being processed in accordance with data protection rules.

I went through the hassle of getting my own subject access request from the Met police. It took a lot of form filling and cost me £10, which was absolutely not money well spent because the file, when I got it, was so redacted. I did ask for my money back but was not given it. That shows me that most of us will not know that data about us is being held—so the amendment is extremely valid.

Despite my opposition to some provisions in the Bill, I accept that it is very important. However, it is equally important that we get it right and that we do not have all these derogations which mean that it has less authority and power. Personally, I think that the amendment strengthens the data protection regime without any hassle for consumers. I hope that the Government will include it in the next iteration of the Bill.

[Baroness Kidron (CB)]

I, too, support the amendment. One thing that we can all agree on is that data regulations is a complex and highly technical area of the law. As the Bill stands, it asks members of the public to become experts on the subject, which actually creates a significant barrier to its successful implementation. My particular and declared interest in the Bill is the rights of children. It is a pervasive myth in the digital environment that all users are equal. That is a category error, because if all users are equal, children are treated in the digital environment as adults and their long-established rights and privileges do not then apply. So it is on behalf of that demographic that I want to say specifically that this amendment is very important.

Without the amendment, a child would be expected to take on the very adult responsibility of being a named complainant in a regulatory or judicial complaint for a breach of data law. In the case of a child, such a complaint is very likely to be made against a multimillion or indeed multibillion dollar corporation. That cannot be, in anybody’s mind, a fair fight. While the noble Lord’s amendment and indeed the GDPR are designed to benefit all users, I point out that the amendment usefully aligns with the recommendation made by the Children’s Commissioner and the House of Lords Communications Committee that children urgently need champions in the digital environment.

We have seen special provision being made in the Bill for libraries, archivists, the insurance industry, security and intelligence, and possibly even for journalists this evening. Given that, I am waiting for the Government to concede that, like all these other special needs groups, children are data subjects with specific needs. One of those needs is to have an informed advocate if they have a complaint. So, although I do not think that the amendment would adequately fulfil that role, because I would like to see something more formal, it would at least go some way to providing support for children should they have a complaint.

Data Protection Bill [HL]

Baroness Jones of Moulsecoomb Excerpts

Monday 13th November 2017 Lords Chamber

These are all consequences of the overall approach we are taking. I look forward to further debates and the Minister’s response.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I speak to Amendment 75 in particular, but the whole issue of automated decision-making is extremely worrying.

As we have gone through this Bill, I have been desperately hoping that some of the most repressive bits are a negotiating tactic on the Government’s part, and that before Report they will say, “We’ll take out this really nasty bit if you let us leave in this not really quite so nasty bit”. I feel that this issue is one of the really nasty bits.

I thank Liberty, which has worked incredibly hard on this Bill and drawn out the really nasty bits. Under the Data Protection Act 1998, individuals have a qualified right not to be subject to purely automated decision-making and, to the extent that automated decision-making is permitted, they have a right to access information relating to such decisions made about them. The GDPR clarifies and extends these rights to the point that automated decisions that engage a person’s human rights are not permissible.

This could include being subjected to unfair discrimination. The noble Lord, Lord Clement-Jones, used the phrase, “unintended discrimination”—for example, detecting sexuality or diagnosing depression. The rapidly growing field of machine learning and algorithmic decision-making presents some new and very serious risks to our right to a private life and to freedom of expression and assembly. Such automated decision-making is deeply worrying when done by law enforcement agencies or the intelligence services because the decisions could have adverse legal effects. Such processing should inform rather than determine officers’ decisions.

We must have the vital safeguard for human rights of the requirement of human involvement. After the automated decision-making result has come out, there has to be a human who says whether or not it is reasonable.

[Baroness Hamwee]

My Lords, I too want to say a word about Amendment 75. The Human Rights Act trumps everything. To put it another way, the fundamental rights it deals with are incorporated into UK law, and they trump everything.

Like the noble Baroness, I believe that it is quite right that those who are responsible—humans—stop and think whether fundamental human rights are engaged. The right not to be subject to unfair discrimination has been referred to. Both the Bill and the GDPR recognised that as an issue in the provisions on profiling, but we need this overarching provision. Like other noble Lords, I find it so unsettling to be faced with what are clearly algorithmic decisions.

When I was on holiday I went to a restaurant in France called L’Algorithme, which was very worrying but I was allowed to choose my own meal. If this work continues in the industry, perhaps I will not be allowed to do so next year. I wondered about the practicalities of this, and whether through this amendment we are seeking something difficult to implement—but I do not think so. Law enforcement agencies under a later part of the Bill may not make significant decisions adversely affecting a data subject. Judgments of this sort must be practicable. That was a concern in my mind, and I thought that I would articulate my dismissal of that concern.

Data Protection Bill [HL]

Baroness Jones of Moulsecoomb Excerpts

Committee: 3rd sitting (Hansard - continued): House of Lords
Monday 13th November 2017 Lords Chamber

[Baroness Hamwee]

My Lords, the Committee may realise that there are sometimes occasions when none of us quite prepare for amendments and others where more than one of us does, but, as my noble friend knows, I rarely pass over an opportunity to say how offensive the phrase “hostile environment” is. Data protection should be a force for good in dealing with the way our society is going.

My noble friend has reminded the Committee of the provisions of paragraph 4. Over the last few years the state has extended the mechanisms for immigration control very significantly to letting of property, employment, bank accounts, driving and so on. We may be told that the various departments have memoranda of understanding between themselves with the Home Office to deal with all this, but that is an inadequate way of dealing with them. I do not think I will be the only one in the Chamber to think that. Home Office errors are reported embarrassingly frequently. The exemption covers so many rights: rights held by data subjects to access rectification and erasure, and the right to know who is processing data and why, including when data is obtained from a third party.

Liberty, with its usual energy, has provided us with 13 pages of briefing on this amendment. I do not propose to read them all to the Committee. No doubt the Government have read them and are prepared to respond, but I reserve the right to do so on Report if necessary. It reminds us of the work, if we needed reminding, of Lord Avebury, who said that the equivalent, very similar provision with which he was dealing was,

“in danger of being oppressive, deeply worrying to the immigrant community living among us, and one which is in grave danger of infringing the provisions”—[Official Report, 21/7/1983; cols. 1274-75]—

of the European Convention on Human Rights. The Minister will be relieved that I have not yet succeeded in emulating my late, much-missed noble friend to the extent I would like—I never will, but I will continue to try. His words are even more pertinent now, extending beyond the immigrant community to families and employers, to give two examples.

Like my noble friend, I would be interested to know examples and justifications for how the exemption might be applied. Presumably it would facilitate sharing between public services used by an individual, government departments and the Home Office to check the individual’s entitlement. The Government have said that they want to make the immigration system as “digital, flexible and frictionless” as possible. Initially that seems admirable, until one delves into issues such as this. Liberty asks whether the provision extends to activities such as running a night shelter or a food bank, which might well benefit undocumented migrants. Providing shelter and providing food could be construed as activities which undermine “effective immigration control”—to quote the Bill. Would a school have to provide a person’s address without their knowledge and without their even having committed an immigration offence? Underlying all this, what effect could such a provision have on migrants’ willingness to engage with public services?

Other noble Lords will probably have received a briefing from the Migrants’ Rights Network. It is about a legal challenge which it is starting against the NHS’s data sharing, but it is relevant here. The director of Migrants’ Rights Network said:

“We are gravely concerned that immigration enforcement is creeping into our public services, especially the NHS. And therefore, it is important to challenge this data-sharing agreement which violates patient confidentiality, and discriminates against those who are non-British”.


The lawyer acting for Migrants’ Rights Network says in the press release what I have heard from many workers in the field: that the data-sharing arrangement,

“is leaving migrants too scared to access healthcare services they are entitled to, for fear their address and other public information may be passed onto the Home Office. This could have a particularly negative effect on children, pregnant women, people with disabilities and victims of trafficking and abuse”.

It could have a severe effect on public health as well—we will debate all this when we deal with NHS charges in the regret Motion on Thursday.

The data subject will not know that data are transferred to the Home Office for immigration control purposes. The exemption seems to apply to immigrants and those connected with them, and those suspected of having an immigration offence in contemplation, thus turning them into an inferior class of citizen. It allows, or perhaps requires, data controllers, including the Home Office and its various arms, processing information for immigration purposes to ignore the principles on which the use of data is founded under the GDPR and the Bill and protection is applied.

I think that your Lordships might gather that we are very unhappy with this provision. It needs more justification than I think is capable of being provided, although we will of course wait and see.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, the Minister, who is not in his place at the moment, said earlier that he could not understand what I meant by repressive measures, but paragraph 4 of the schedule is exactly what I meant and it is why this amendment would remove it.

The inclusion of an immigration control exemption in the Bill is a brazen violation of the data protection and privacy rights of migrants—both documented and undocumented—and of their families and communities in the name of immigration control. In effect, it removes all the Home Office’s data protection obligations as they relate to its activities to control immigration, as well as those of any other agency processing personal data for the same purpose or sharing data with another agency processing it for that purpose.

As the noble Baroness, Lady Hamwee, mentioned, it is not the first time that the Government have tried to limit data protection rights on immigration control grounds. In 1983, Clause 28 of the then Data Protection Bill had an identical aim, setting out broad exemptions to data subjects’ rights on grounds of crime, national security and immigration control. The Data Protection Committee, then chaired by Sir Norman Lindop, said that the clause would be,

“a palpable fraud upon the public if … allowed to become law”,

because it allowed data acquired for one purpose to be processed for another; and here is another power grab by this Government.

Clause 28 was rightly removed from the 1983 Bill, but today we see it resurrected with even more breadth and even less definition of its objectives. No attempt whatever has been made to define the new objective: nowhere in the Bill or its Explanatory Notes are the notions of effective immigration control or the activities requiring its maintenance defined. I simply do not understand the colossal cheek this Government have to put something such as this into a Bill and then present it in this House—I can understand it going through the other place but certainly not here. It is virtually impossible to come up with an exhaustive list of all the activities that might be included under this, or of individuals who might be affected. The potential list, as, again, the noble Baroness, Lady Hamwee, pointed out, could go far beyond the immigrants themselves and could apply to almost anybody, including some in your Lordships’ House—at least, I hope that some in your Lordships’ House might be involved in shelters and food banks.

I urge the Government to think again. This is probably one of the really nasty bits that the Government have an option to take out, so I hope that they will listen to us.

[Lord Lucas]

My Lords, I thoroughly support this amendment. I really hope that the Home Office has noticed that the Bill is starting in this House and that therefore this is a paragraph we can kill—and should, as we did in 1983. If the Home Office needs something more, it should make a case for it and we should listen, but to have a blanket provision such as this is very destructive of data collection as a whole. To take again the example of the NPD, the fact that data is passed from the NPD to the Home Office has made the bits of data that are being passed totally corrupt: one can no longer rely on that data because so many schools, not unnaturally, are unwilling to shop their parents and drop their parents into what can be extremely difficult circumstances. You destroy the purpose of the data that you pollute in this way; you make it unreliable. I suspect that you also undermine the research exemption: if data is actually being collected to give to the Home Office, how can you claim that it is for research? You start to undermine the Bill in all sorts of insidious ways by having such a broad and unjustified paragraph— unjustified in the sense that no one has made a justification for it. I really hope that the Home Office will think again.