(2 years, 7 months ago)
Lords ChamberMy Lords, I acknowledge the US country report last year on Rwanda. Our own country policy and information team carried out an assessment on safety in Rwanda before we entered an agreement. That report is expected to be completed in the near future. I cannot remember the other questions that the noble Baroness asked because it was quite a long question.
My Lords, Section 25 of the CRaG Act defines the meaning of “treaty” and says that it is a “written agreement … between States”, as long as it is “binding under international law”. Given that the Minister has said that this is a written agreement between states, is she suggesting that the agreement with Rwanda is not binding in international law?
My Lords, it is an agreement which both parties have agreed to be bound by. I will leave it to greater heads to unpick the meaning of that.
I have now remembered one of the questions asked by the noble Baroness, Lady Chakrabarti, which was, “why not a treaty?” I do not know why, but it seems that it was appropriate to have an MoU. I am very happy to write to noble Lords with further detail on that. I hope that they will appreciate that I have not had much notice of this Question and am not going to be blag my way through it; I will write to the noble Baroness.
(3 years, 10 months ago)
Lords ChamberMy Lords, as the noble Baroness, Lady Benjamin, explained, Amendment 177A requires the Government to undertake an investigation into
“the impact of access to online pornography by children on domestic abuse”
and to review the commencement of Part 3 of the Digital Economy Act 2017, which all noble Lords spoke about.
We share the concerns raised in both Houses by parents and those advocating on behalf of children’s safety online that a large amount of pornography is available on the internet, often for free, with little or no protection to ensure that those accessing it are old enough to do so. In turn, this is changing the way that young people understand healthy relationships, sex and consent.
In October 2019, the Government announced that they will not commence Part 3 of the Digital Economy Act 2017. We propose to repeal those provisions and instead deliver more comprehensive protections for children through our proposals for a wider online harms regulatory framework. Protecting children is at the heart of our plans to transform the online experience for people in the UK, and the strongest protections in our forthcoming online harms framework will be for children.
The Department for Digital, Culture, Media and Sport and the Home Office have now published the full government response to the online harms White Paper consultation, which sets out the new expectations on companies to keep users safe online. These new laws will mean that companies must tackle illegal content on their platforms and protect children from harmful content and activity online. Major platforms will need to be clear about what content is acceptable on their services and enforce the rules consistently.
I am pleased that Britain is setting the global standards for safety online, with the most comprehensive approach yet to online regulation. Ofcom will be named in legislation as the regulator, with the power to fine companies failing in their duty of care up to £18 million or 10% of annual global turnover. It will also have the power to block non-compliant services from being accessed in the UK.
The noble Baroness, Lady Benjamin, asked whether the provisions in the online harms framework will be as robust as those in the Digital Economy Act. Through the online harms framework, we will be able to go further than the Digital Economy Act’s focus on online pornography on commercial adult sites. We will be able to protect children from a broader range of harmful content and activity across a wider range of services. The online safety duty of care will not just be for sites with user-generated content; it will also be for sites that facilitate online user interaction, including video and image sharing, commenting and live-streaming.
The noble Lords, Lord Alton and Lord Ponsonby, the noble Baroness, Lady Benjamin, and my noble friend Lord McColl all asked why, given that the online harms regime is years away, the Government cannot commence the Digital Economy Act as an interim measure. It is important that we take the time to deliver the most comprehensive approach for protecting children online, which will ensure that robust protections are in place for generations of young people to come. Through the online harms framework, we will be able to go further than the Digital Economy Act’s focus on online pornography on commercial adult sites, as I said. We will be able to protect children from a broader range of harmful content.
One of the criticisms of the Digital Economy Act was that its scope did not cover social media companies, where a considerable quantity of pornographic material is accessible to children. The Government’s new approach will include social media companies and sites where user-generated content can be widely shared, including the most visited commercial pornography sites. Taken together, we expect this to bring into scope more online pornography that children can currently access than the narrower scope of the Digital Economy Act. We will set out, in secondary legislation, priority categories of legal but harmful content and activity posing the greatest risk to children, which will include online pornography.
The Government expect that the regulator will take a robust approach to sites that pose the highest risk of harm to children. That may include recommending the use of age assurance or verification technologies where the risk is highest, including for sites hosting online pornography. Companies would need to put in place these technologies or demonstrate that the approach they are taking delivers the same level of protection for children. We are working closely with stakeholders across the industry to establish the right conditions for the market to deliver age assurance and age verification technical solutions ahead of the legislative requirements coming into force. The online safety Bill will be ready this year; in the meantime, we are already working closely with Ofcom to ensure that the implementation period that will be necessary following passage of the legislation will be as short as possible.
On the point about the Government sitting on the research, we were not seeking to suppress its results. Given the number of comments from noble Lords about the letter, I had better write again on the points there were clearly not satisfactory to them. My ministerial colleagues in the DDCMS will continue to engage with parliamentarians as we prepare for the vital legislation. I hope I have provided reassurance that Amendment 177A is not necessary and that the noble Baroness will be happy to withdraw her amendment.
I have received no requests to speak after the Minister and, accordingly, I call the noble Baroness, Lady Benjamin.
(3 years, 11 months ago)
Lords ChamberMy Lords, the amendment from the noble Baroness, Lady Clark, outlined by her noble friend Lady Whitaker, would require prior judicial approval for a criminal conduct authorisation seeking to identify or confirm a source of journalistic material. I set out earlier in the debate why the Government do not consider prior judicial approval to be a workable option for any CHIS authorisation, so I shall not repeat those arguments. However, I will say again that where an authorisation is likely to result in the acquisition of confidential journalistic material there are already greater safeguards in place which are set out in the CHIS code of practice.
There will also now be notification of every single authorisation to IPCO soon after they have been granted. That will of course include any authorisations that are likely to result in the acquisition of confidential journalistic material. Judicial commissioners will therefore be able to consider the necessity and proportionality of an authorisation and check that the proper safeguards have been followed. I hope that provides the noble Baroness with the necessary reassurance and that she can withdraw the amendment.
I have received no request to ask a short question. Accordingly, I call the noble Baroness, Lady Whitaker.
(4 years, 1 month ago)
Lords ChamberI take the noble Lord’s point, but I do not think that we can erase history. History is both good and bad. The test also covers things such as society and culture. We should bear that in mind.
My Lords, the time allowed for this Question has now elapsed and we move to the fourth Question. I call the noble Lord, Lord Scriven.
(4 years, 1 month ago)
Lords ChamberTo be absolutely fair to the police, at the beginning of lockdown in March there were a few examples of the police perhaps acting a little overjudiciously, but since then I have full praise for how they have dealt with the various changes in enforcement rules. The four-point process of engage, explain, encourage and enforce only as the final point has stood them and British society in good stead over the past few months.
My Lords, the time allowed for this fourth Question has now elapsed.
(4 years, 5 months ago)
Lords ChamberThe noble and learned Baroness is quite right: if they are under 18, they are still children, which makes the issue of forced marriage all the worse. I shall go back regarding the issue of guidance. I cannot say today what will be in it, but I will get some information from my colleagues and will certainly come back to the noble and learned Baroness on that.
I call the noble Lord, Lord Rosser.
My Lords, I declare an interest as chair of UN Women UK. Will my noble friend look at the work that we are doing for women and girls in safe spaces and the discussions around women in minority communities where it has been quite difficult to extrapolate the difficulties that they face, given that English is a barrier and they are very often not able to leave their homes at all?
My noble friend and I had a brief discussion about this just before Questions. I totally understand and agree with her point. If you are in lockdown, not able to speak a language and not able to leave the house, life must be very difficult for you. I am very happy to speak to her further about this issue.