Data (Use and Access) Bill [HL]

Earl of Erroll Excerpts

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

[Baroness Harding of Winscombe (Con)]

My Lords, like many others, I am extremely sad to see that we have reached this stage. Sadly, I was unable to attend the other stages of ping-pong, so I feel that I need to add my support to the extraordinary work that the noble Baroness, Lady Kidron, has done on the Bill. She has achieved something that, certainly in my short 10 years here, is very rare: real unanimity across all sides of this House that we are engaged in doing something that is very wrong.

I applaud the noble Lord, Lord Berkeley. Like my noble friend Lord Forsyth, I too will support him if he chooses to divide the House.

I offer noble Lords one small crumb of comfort. We are united, across all sides of this House, in saying that we need to sort this out. We keep being told that AI will change everything, which, I am afraid, means that we will discuss this during debates on every Bill. There will be an opportunity to do that, and we will prevail in the end. This House has faced these dilemmas with technology transformation before, and I am determined that I will not, in my lifetime, participate in the protection of an industry in the name of economic growth, when what we are actually doing is destroying society and people’s lives.

It is very sad that it took 100 years for seat belts to become mandatory in the back seats of cars after the seat belt was invented. I feel confident that after the passage of the Bill, it will not take that long for us to protect the precious copyright of the British creative industries. We will keep fighting even if we lose.

[The Earl of Erroll (CB)]

My Lords, there is another little problem, pointed out to me by a senior member of a publishing company, World Wide Publishing. It has a lot of research material and things for students, as well as books and things such as that. At the moment, if the AI comes to take it, it is probably going to use the fair use or the small excerpt exception, because that protects it. When it falls back, it is quite possible that the copyright holders could have a claim against the publishers. If they start ganging together and going for the publishers, we are possibly going to see bankruptcies among some of the big publishers, that publish and hold all our research material that is so valuable. I am not thinking about the arts thing as much, but we need to worry about that because that could destroy a lot of useful information for our future.

[Lord Dobbs (Con)]

My Lords, of course the Government have the right to do what they intend to do, but that does not make the Government right to do what they intend to do.

As a mark of our cross-party determination, we have pushed this in this House up to the limit—some would argue, perhaps, beyond—but the Government have ignored us because the Government know best. We have amassed extraordinary majorities in this House that have delivered warning after warning, but the Government have not listened or budged because the Government know best.

I follow up on the remarks from the noble Baroness, Lady Kidron, about Downing Street. It was not so long ago that the door of Downing Street would be thrown open wide and Government Ministers would go down on their grazed knees to welcome the likes of Elton John, Paul McCartney, Dua Lipa, Sir Ian McKellen, Ed Sheeran, Richard Curtis and thousands of others. All those thousands have spoken out in anger about what the Government intend to do. But in response, there has been nothing. The official record is stuck in the groove: the Government know best.

The US Vice-President has spoken openly about what he wants from the UK on copyright, but the Government assure us that no word or whisper has been exchanged with anyone in the White House and that this plan to do away with our copyright protection has been all their own thinking—bless them. I am sure this Government really do know best.

Creative people are people of passion, they are remorseless and have the ability to reach out to millions of ordinary people. Those who live, work, toil, sweat and go through their working lives and retirements relying on their copyright—2.4 million of them and their families and their friends—with the dreams of what they still might do and the sweet memories of what they have already done. I suspect they will not forget what is being done, which I know is silly and misguided of them because, as we know, the Government know best.

Ministers could have given just a little, and they would have gained such a lot. Perhaps it is still not too late, and there is something to admire in the Government’s determination to turn their back on the cheap applause that is so readily available, were they to do so. Forgive me, but in this instance, I shall leave any expression of admiration to others.

It is not so much a horror movie; it is more like “The Charge of the Light Brigade”. We have been participating in that charge—a most noble, historic and important endeavour. The guns have spoken in their heedless way. I think Lord Tennyson would have written some very fine verse in praise of the noble Baroness, Lady Kidron, and all the tenacity and principled effort she has shown, with all the others, including the noble Lord, Lord Berkeley, this evening. We ride on.