Protection of Freedoms Bill

Debate between Earl of Erroll and Baroness Royall of Blaisdon

Wednesday 15th February 2012 Lords Chamber

[The Earl of Erroll]

My Lords, I should like to add a couple of words to the debate. I have a sort of interest in that I am helping a New Zealand company called Pingar, which works in the area of contextual data extraction from large unstructured data sets—what are called “big data”.

One is aware that there is a huge amount of information out there, particularly in public data sets, which can be reused very usefully, and on that I agree with most of what the noble Lord, Lord Lucas, said. We must try to make this information available in useful ways. We could make a lot more use of this information to help the country, and indeed humanity, as a whole.

I agree entirely with the noble Lord that the definition of data set is most peculiar. When information is analysed and put into tables and some sense is made of it, further information may then be extracted and combined with other data, and that is probably the best use that can be made of it. Therefore, it seems a bit odd to include in the definition only raw data before they are analysed. However, it is probably that I just do not properly understand the Bill and all its ramifications in that area.

However, there is an area where I sympathise entirely with these two amendments. A research establishment in a university is publicly funded and is at the cutting edge, and it may spend a lot of money acquiring raw data. Having to reveal those data to someone else before anything is done with them is like giving that other person a free ride regarding all their data acquisition. Why should someone not be second into the field, waiting until someone else has spent all the money acquiring the data, asking for the data set and then running their own analysis? For a researcher, the most valuable part is the raw data.

I found it fascinating that on Amendments 55ZA and 55ZB the Minister was urging secrecy—we had to keep all this stuff from the Civil Service secret so that citizens could not find out whether their money was being used usefully. Now, we are opening up everything where public money has been spent so that UK plc can advance itself in the research area and so on. We are suddenly opening that up so that anyone can get hold of it.

The first of the two amendments relates to putting copyright restrictions on data sets to make sure that they cannot be taken freely, yet in other legislation the Government are making sure that we give large amounts of money to large American corporations which have bought copyright from British creators so that they can enforce that copyright. Therefore, we are looking after the interests of large commercial companies but we are not looking after the interests of our research establishments and universities. I am terrified that they are going to lose the competitive edge that they might have.

The interesting thing that came out of the whole Crick/Watson DNA episode was the fact that they got together—there was a meeting of minds in an informal environment where they exchanged ideas. Again, what worries me is that the Government are trying to prevent that with their Immigration Rules and tier 2 immigration arrangements so that we will no longer attract people and encourage a flow of brains in and out of the country. That would be far more valuable than trying to open up data sets so that other people could use them abroad.

[Baroness Royall of Blaisdon]

My Lords, I support Amendments 55A and 56. I do not believe that this is about restricting the scope of the Freedom of Information Act; it is about fixing the Act to fit the purpose. We have heard compelling arguments about disincentives to young researchers and to collaboration and about the potential competitive disadvantage that our universities could suffer. Our universities are one of the most important drivers of jobs and growth in this country. They enrich the cultural fabric of our society. If universities in England, Wales and Northern Ireland believe that they are at a competitive disadvantage compared with those in Scotland, the US and Ireland, among others, I believe that we need to have a safeguard in place. We should heed their concerns and seek to revise our legislation as soon as possible. I support both amendments.

Protection of Freedoms Bill

Debate between Earl of Erroll and Baroness Royall of Blaisdon

Monday 6th February 2012 Lords Chamber

[The Earl of Erroll]

The point about passing at least two of these amendments is that at least we can come back and tidy them up at Third Reading, because certain people have criticised their wording. If you do not pass them now there is no pressure to put anything in at Third Reading. This happens quite frequently and stalls the whole thing.

The whole point is that householders need to know what their rights are. They cannot possibly begin to know if there are thousands of different powers of entry, so there need to be some very simple rules that apply universally, which is what we have to come up with eventually. I support the first two amendments in particular.

The first amendment is about giving permission for entry, which I fear slightly because there is always a danger of people being bamboozled on the doorstep or being threatened by “If you don’t let us in we know you are guilty” and letting them in out of fear. Amendment 37ZB is therefore particularly important. It states what we understand the position to be in common law and in other things, but why not restate it? These are the things that must be taken into account when powers of entry are being examined and there is no harm in restating something when people have clearly forgotten. People expect a warrant unless there is a very good reason why not. To my mind that is quite reasonable and I cannot see why it is a problem.

I was most intrigued by the third amendment because it reserves certain powers and I could not understand why the noble Baroness started off by saying that trading standards officers did not exist, then said what a good job they did and then said that she disapproved of this amendment as it reserved powers to these non-existent people. I could not understand why the amendment was not a good idea because it would keep the powers of these people—whoever they might be—as they were. Although the amendments have defects, we should pass them and the Government can tidy them up at Third Reading.

[Baroness Royall of Blaisdon]

My Lords, I am grateful to the noble Lord, Lord Selsdon, who raises a very important issue in relation to the use of these powers. I note what he has said and his excellent work leading to the very welcome safeguards that are already in the Bill but would certainly not be there without his work. However, I must tell him that I think he is being a little tough on the excellent people from the Trading Standards Institute. I am sure that, while one person was at tea at 4.30 pm, the majority of them were out doing their business at that time.

Protection of Freedoms Bill

Debate between Earl of Erroll and Baroness Royall of Blaisdon

Tuesday 31st January 2012 Lords Chamber

[The Earl of Erroll]

My Lords, I was quite attracted by the concept of the freedom to choose voluntarily to do something but in this case it leads us astray. History teaches us that, if there is a large amount of private information out there which a Government think is useful, they will acquire access to it. For example, the USA Patriot Act gives the American Government access to anything they want in the name of trying to fight terrorism. Therefore, these data will not necessarily be secure in perpetuity if someone sees a use for them.

I have also learnt from history that governments who accumulate a large amount of information on their citizens end up using it to control the everyday lives of those citizens. For starters, you only have to look at communist Russia, watch “Dr Zhivago”, or look at East Germany, Albania or all sorts of places, where, at the end of the day, these things are used to control behaviours. I am sorry but I do not trust the people who end up in charge of these things. We need to look 10, 20 or 30 years ahead and we do not know who will be in control then.

Perversely, as a result, it does not necessarily protect citizens. It is not as if this will give an automatic one-to-one match. It would do what this Bill is trying to prevent. The Bill is trying to protect us from the Government trying to accumulate large amounts of data. DNA of course is not infallible. Ultimately, it is vulnerable to contamination of samples and laboratory error. It is only an approximate match; it is not a one-to-one match the whole time. Therefore, there will be errors which could be misused. I think that this amendment concerns a bigger subject and should be left out of the Bill. It does not fit with it.

[Baroness Royall of Blaisdon]

My Lords, I rise not to support my noble friend on behalf of the Opposition necessarily but, as I said in Committee, as an individual I have a great deal of sympathy with my noble friend’s amendment. Like my noble friend I believe that such a voluntary database would lower the level of stigma and in the future might enhance public confidence in the secure handling of data, which is very necessary. As my noble friend has said today, the state will undoubtedly hold more and more information about its citizens.

I was also very interested to hear of the response by Professor Jeffreys to Mr Gary Streeter MP, which is worth pursuing. I do not know what the Government’s response to my noble friend’s amendment will be, although I suspect that they will reject the amendment. However, it is an interesting suggestion and I hope that, if the amendment is not accepted by the Government, the National DNA Database Strategy Board will look at the proposal as perhaps something interesting to pursue on behalf of the citizens of this country and their safety.

Protection of Freedoms Bill

Debate between Earl of Erroll and Baroness Royall of Blaisdon

Tuesday 29th November 2011 Lords Chamber

[Baroness Royall of Blaisdon]

My Lords, I do not wish to return to our earlier discussion about the desirability of a voluntary or mandatory DNA database. However, I seek an assurance from the Minister, pursuant to the amendment of the noble Baroness, Lady Hamwee, that citizens will still be able to give their DNA voluntarily should they so wish. I know that my right honourable friend David Blunkett did so to show that the DNA database was not something to be feared and that there was no stigma related to it. Listening to the debates in the Chamber this afternoon, I feel even more strongly about the retention of DNA now than I did before. I might well go along to a police station and voluntarily give my DNA.

[The Earl of Erroll]

My Lords, this is quite an important principle. I notice that when it comes to cautions and reprimands, particularly reprimands, the police certainly do not warn youngsters of the full implications of accepting one. They do not realise that it is a plea of guilt to a criminal offence, which will stay on their record for certain purposes throughout their life. In fact, I have discovered that even some solicitors in the county courts do not realise that. Therefore, it is important that the police have a duty to advise people properly of the full implications of these things, partly so that the police realise them as well. I support this amendment.

House of Lords Reform Bill [HL]

Debate between Earl of Erroll and Baroness Royall of Blaisdon

Friday 21st October 2011 Lords Chamber

[The Earl of Erroll]

My Lords, I apologise for my remarks. I know that there is one such Parliament; I should not have mentioned a name. No offence was intended.

[Baroness Royall of Blaisdon]

My Lords, I will briefly raise a few points. I am very proud to be a Privy Counsellor. However, Clause 10 is not about the abolition of hereditary Peers today, tomorrow or whenever the Bill may be accepted. We are talking about a very gradual diminution in the number of hereditary Peers. Therefore, as a Privy Counsellor, I do not feel that I have any conflict of interest in voting for Clause 10.

[Baroness Royall of Blaisdon]

My Lords, I was a very proud member of my Government, but I was not a member of the Government at that time. As to hereditary Peers, I accept what the noble Lord says, but I believe that we are part of an evolutionary process. Today is the anniversary of the introduction of the first four life Peers in 1958. Since that time, the House has evolved, and our debate today is part of that evolution. I see absolutely no conflict between discussion of these issues today and discussion of the Bill before the Joint Committee.

Like my noble friend Lord Howarth, I recognise the grievances expressed by hereditary Peers in the Chamber. Like other noble Lords, I have huge respect and affection for the work of those noble Lords. However, while I respect and very much like the noble Lady, Lady Saltoun, I have to disagree with her. When people think about this Chamber and its composition, they do not understand why we still have hereditary Peers. I understand about the agreement, and I understand what is happening. I must say to the noble Lady that yesterday I had the privilege of speaking with 20 Chevening scholars from India, the brightest and the best of the Indian subcontinent, and when we talked about the composition of this House, they simply did not understand why we still have hereditary Peers. When we have things such as the Arab spring and we are nurturing the new democracies in the Middle East, to still retain the election of hereditary Peers does not seem logical or proper. For that reason, I certainly wish to support the retention of Clause 10, which I believe to be an important, indeed, essential part of the Bill.

[The Earl of Erroll]

As a hereditary Peer, I do not have a grievance about anything and if I have to go, I have to go, but my purpose here is to ensure further democratic reform. That is why I was put here. This is not democratic reform. Until that comes, I should stay.