Data (Use and Access) Bill [HL]

Debate between Baroness Jones of Whitchurch and Lord Forsyth of Drumlean

Consideration of Commons amendments and / or reasons
Wednesday 11th June 2025 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

I apologise to the creative sector if it did not get a response. I can follow that up, but I was responding to a different point made by other people casting aspersions about our ministerial involvement with this sector, which is an important sector for our economy.

It is clear that several noble Lords still have concerns about the Government’s plan. I understand their concerns, even if I do not share them—just as I am sure that they understand our concerns with the proposed alternatives, even if they do not share them. I say to the noble Baroness, Lady Benjamin, that it is a matter of fact that the Bill does not change, weaken or block anything in copyright law. We believe in transparency, protection and enforcement, and we agree with remuneration. This is our task ahead. But the Government’s firm view remains that we cannot prejudge the consultation, the technical or parliamentary working groups or the proposals resulting from these that will be brought forward in our report.

[Lord Forsyth of Drumlean (Con)]

I understand the Minister’s point about not wanting to prejudge the consultation—although on other issues, such as VAT on school fees, that did not seem to apply. What I have difficulty with is why the Government were not prepared to take a power that would enable them to act at a subsequent date and does not require them to do so.

[Baroness Jones of Whitchurch (Lab)]

My Lords, this is because we believe the powers we already have are sufficient to enable us to enact the regulations once we have finished the piece of work we are working on.

I thank the noble Lord, Lord Berkeley, for his speech, and repeat my assurances in response to his ask. Our plans will give copyright holders as much protection as possible via transparency, enforcement and remuneration. Our report, nine months from Royal Assent, will contain our proposals to put this in place. The Government are also looking at the case for more comprehensive AI legislation that delivers on our manifesto commitment. I expect any comprehensive legislation to address the opportunities and challenges presented by AI to the creative sector.

I turn now to concerns that the Government have not compromised on this issue. Noble Lords are right that we have deep concerns about pre-empting all the work that is necessary to determine what future laws should contain. It is an important principle that good government consults, respects the responses and then sets out its proposals. I expect any comprehensive legislation that follows—to address the opportunities and challenges presented by the AI sector—to encompass those principles.

However, I want to remind noble Lords of everything I am referring to when I say that the Government have compromised. The Government have compromised on the consultation with the Secretary of State, recognising concerns about the preferred option and the lack of an impact assessment, and by introducing a report that will set out proposals and which will be accompanied by a full impact assessment.

The Government have also compromised on the process. The reports will be brought forward even more quickly, with more topics included in them, and there will be a progress statement, and technical and parliamentary working groups will now be set up to complement this process.

I press my point to noble Lords: the Government have compromised many times on many issues, but where we cannot compromise is on one of the principles of good government: namely, that we cannot prejudge the outcome of these processes.

Data (Use and Access) Bill [HL]

Debate between Baroness Jones of Whitchurch and Lord Forsyth of Drumlean

Consideration of Commons amendments and / or reasons
Monday 2nd June 2025 Lords Chamber

[Lord Forsyth of Drumlean (Con)]

I am most grateful to the noble Baroness. Could she just deal with the point that was made by the noble Lord, Lord Rooker, and others? Why, if the Government are working and looking for a compromise, have they sent this back to the House without any proposal from the Government?

[Baroness Jones of Whitchurch (Lab)]

My Lords, when I set out my comments, I said that I have made compromises, and I will reiterate them. We are trying to find a way through on the detail of how we are going to find something that is workable and deliverable in the longer term. That is the real challenge here. We all agree that we need to find something that will support the creative sector. It is about finding a model that will work internationally as well. That is our real challenge, and that is what we are attempting to do.

I think noble Lords feel that it is simpler than it is, because this is a huge challenge for us on a global basis. Let us not just think that there is a simple solution; I do not think for one second that there is.