Data (Use and Access) Bill [HL]

Debate between Earl of Dundee and Lord Cashman

Consideration of Commons amendments and / or reasons
Wednesday 4th June 2025 Lords Chamber

[Lord Cashman (Non-Afl)]

My Lords, I am an unaffiliated Member of this House, even though I sit on Labour’s Benches—some may say an “unbalanced” Member of this House. I refer to my registered interests. I, like the noble Baroness, Lady Kidron, am saddened that we have reached this point. The Bill will not be destroyed should she divide the House this afternoon and should noble Lords vote in favour of her amendment. That is purely within the power of the Commons.

The noble Baroness, Lady Benjamin, referred to friends in the industry, and we have many. I say to the Government: are the creative industries, unions, associations, writers, directors and painters all wrong and the Government are right? If so, what do the Government have to fear from an approach that is absolutely transparent and allows us, the creators, to hold those who use our work accountable?

I believe the noble Baroness, Lady Kidron, has said everything that needs to be said at this juncture. Valiantly, she has marched us to the top of the hill. It is the moral high ground, and it is not a hill I am going to march down from.

I had the Whip suspended from me by the Labour Party nearly a year ago, and on a point of principle, I subsequently resigned. I believe, like everybody else here, we are here to pursue the principles we believe in—yes, the democratic principles—high amongst which is holding accountable the Members of the other place and the Government.

[The Earl of Dundee (Con)]

My Lords, I join with others in supporting the noble Baroness in exercising her right to insist upon Amendment 49F. Three months after the Government’s own report, this allows Parliament to be informed of the scale of the theft and the loss of revenue to United Kingdom companies, as it also enables a draft Bill on copyright infringement, AI models and transparency of input.

Your Lordships may consider that these measures are relevant for three reasons. First, they offer a degree of competence and protection, otherwise so far insufficiently provided, to and for the creative industries in the United Kingdom.

Secondly, they give an example internationally, including within the 46 states affiliated to the Council of Europe, of which the United Kingdom remains a highly regarded member and of whose education committee I am a recent chairman.

Thirdly, both within and beyond Europe, and starting with the 1710 Statute of Anne, granting legal protection to publishers of books, they continue to set a copyright protection standard, which in this case is expected of the United Kingdom and is also consistent with Article 11 of the 2024 Council of Europe Framework Convention on Artificial Intelligence, human rights, democracy and the rule of law, safeguarding privacy and personal data.

Data (Use and Access) Bill [HL]

Debate between Earl of Dundee and Lord Cashman

Consideration of Commons amendments and / or reasons
Monday 19th May 2025 Lords Chamber

[The Earl of Dundee (Con)]

My Lords, here is a very useful amendment proposed by the noble Baroness at this stage of the proceedings.

For the creative industries, it offers certainty that a transparency regime will be in place within 18 months of Royal Assent. Within a timetable of their own choosing, it also leaves the Government free to provide new legislation on the wider issues of personal likeness and other connected matters.

I will reiterate how this amendment, thereby already consistent with government policy, is also consistent with various articles and conventions of the human rights affiliation of the 46 member states of the Council of Europe, of which the United Kingdom remains a prominent member and of whose education committee I am a recent chairman.

First, Article 8 of the European Convention on Human Rights protects the right to privacy, including of personal data. Article 1 of its initial protocol protects property rights, including intellectual property rights and copyright.

Secondly, Article 5 of the Council of Europe Convention on Cybercrime prohibits system interference by, for example, the transmission of computer data, while its Article 10 stipulates:

“Offences related to infringements of copyright and related rights”.


Thirdly, Article 11 of the 2024 Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law safeguards privacy and personal data.

As has been much emphasised, the noble Baroness’s amendment not least achieves consistency with our UK tradition of protecting copyright as well—notably evident as early as the Statute of Anne 1710 granting legal protection to publishers of books.

Here and abroad, the United Kingdom must continue to assist that good practice. We are enormously grateful to the noble Baroness for this further proposed amendment. We must strongly support it.

[Lord Cashman (Non-Afl)]

My Lords, I speak reluctantly on the issue because, as I have said before, I am a rights holder. I refer to my register of interests. Following the speech by the noble Baroness, Lady Kidron, very little needs to be said. It was absolutely brilliant and searing.

I say to the Government Front Bench, as a member of the creative industry, I do not want to be told how much we are cherished and then see legislation that will begin to destroy us. We have heard much about the rights of those large rights holders, such as Paul McCartney and Elton John. I inform the House that I once received a housewarming present from Elton John, but it was 25 years ago, so it holds no influence over me.

I have thought long about this since my previous contribution. Many years ago, a dear friend of mine who is no longer with us, the wonderful character actor, Claire Davenport, had a very early and successful career. Then, like for so many other creatives, it waned. She used to ring me and say, “Chuck, I can’t believe it. My day’s been made. I’ve got a cheque”. A cheque would arrive from something that she had done maybe 10, 15 or 20 years ago. Claire, who was famous for her ample bosom, used to take the cheque, rub it across the ample cherished parts of her talent and say, “Now I can eat”.

That is the reality of what happens to people who receive repayment for the use of their creative material. If you strip that away, you are stripping away rights often from those most in need.

The creative industries have long taken on board the challenges and we have worked to find the technology to turn them around. We can do so again. This amendment is a brilliant, sensible way forward and I urge every single Member of your Lordships’ House to stand firm with the creative industries, and those yet to come, and support this amendment.