Dormant Assets Bill [HL]

Lord Vaizey of Didcot Excerpts

2nd reading
Wednesday 26th May 2021 Lords Chamber

[Lord Vaizey of Didcot (Con)]

My Lords, since I was introduced to your Lordships’ House in September I have been given many opportunities, but I did not realise that I would have the wonderful opportunity to follow my noble friend Lady Fleet and to sing her virtues, although after her maiden speech I feel I should now praise her in 24 different languages on the basis of her distinguished ancestor.

As my noble friend indicated, and as the noble Lord, Lord Adonis, pointed out, she has an immensely distinguished career both in the media and in the arts. She was deputy editor of the Daily Telegraph and the Daily Mail before becoming a campaigning editor of the Evening Standard and helping to secure two great adornments to this country: the London Olympics and our current Prime Minister. When I dabbled in freelance journalism, I occasionally sat at her feet writing the odd editorial under her instruction, but she and I worked most closely together when I was lucky enough to be Minister for Culture when she was taking up prominent roles in the arts, as chair of Arts Council London for almost 10 years and as a senior adviser to the then London mayor, now the Prime Minister. She set up the London Music Fund, which was originally called the mayor’s music fund, but it should really have been called the Wadley music fund. It has delivered more than 500 music scholarships for young musicians in London. Her latest work on the music curriculum has also been incredibly important. I wholeheartedly second what she said about how important music education is for young people, not just to give them a love for and appreciation of music but to give them some of the skills and qualities one needs to succeed in wider life.

My noble friend served as a distinguished board member of the Yehudi Menuhin School and is now on the council of the Royal College of Music, chaired by my noble friend Lord Black of Brentwood. I can say only, as I have said before in this House, that it is a wonderful privilege to serve here with so many experienced and distinguished people, but to have my noble friend join our ranks and bring her expertise in culture is a particular pleasure to me.

I turn to the substance of the Bill. I am grateful to the noble Lord, Lord Blunkett, for reminding the House of the important role played by the noble Lord, Lord Field of Birkenhead—mainly on a personal basis, as I have known him all my life as a close family friend. It is a great testament to the success of the scheme that it has been broadly uncontroversial, very much welcomed and has channelled many hundreds of millions of pounds to good causes. I echo the noble Lord, Lord Adonis: it is hard to think of any reason to oppose the Bill, although there may be opportunities to improve some of its detail. Nobody can oppose the need to extend the remit of the dormant assets scheme to insurance and pension products and potentially to unlock a further £2 billion for good causes.

I take on board the remarks of the noble Baroness, Lady Barker: it would be interesting to know what one could learn from how the dormant assets scheme has been working in the past decade or so and how effectively the money has been used. Partly on a financial basis, I should be intrigued to know—I may be going a bit off piste here—whether we can learn anything about what type of financial assets are unclaimed and why. I think this will become rarer as we move into a digital age. Noble Lords have mentioned the digital dashboard. As more and more of us manage our finances online, there will be no need to write to our insurers to tell them that our address has changed, because our digital address should, broadly speaking, remain the same.

I was also musing, because I am obviously thinking ahead to my speech on public service broadcasting in tomorrow’s debate, that some of the great causes that the dormant assets scheme has supported so far are exactly the kind of programme that the BBC should be making, so I think we can elide the dormant assets scheme with the future of the BBC.

I want to use this opportunity to raise one specific point that has been a hobby-horse of mine for several years, and I think I may have played a tiny role in nudging things along. As I do not tell need to tell your Lordships, because you all know what I am about to say, I am talking about the National Fund, which is on everyone’s lips. The National Fund was started by a man called Gaspard Farrer in 1928. He was a member of the distinguished Farrer family, the solicitors, but he was a partner at Barings Bank, and he gave half a million pounds to the National Fund, intending it to pay off the national debt. That half a million pounds attracted a few other public subscriptions, and it was then promptly forgotten about, although I think it was managed for years by Barings Bank, which probably claimed useful fees from it. It was actually managed extremely well, because in 2019, before the stock market boom, it was worth £519 million.

We have had one dormant assets Bill in the past decade which has unlocked about £700 million or £800 million. We now have a Dormant Assets Bill which might unlock £2 billion, but we do not have a National Fund Bill, which at one stroke could unlock £519 million, which I know that my noble friend Lady Fleet and I would deploy very effectively to support the arts and music.

What on earth are the Government going to do about the National Fund? At the moment, its future is the subject of a modern-day Dickens novel as it grinds slowly through the courts. I lobbied the Attorney-General, he forgot about it. I lobbied him again, he forgot about it. He finally went to court. At a court hearing at the end of last year, the High Court judge decided that the National Fund could potentially be wound up and its funds deployed to causes other than the national debt. He concluded that because the National Fund represents 0.03% of the national debt, despite the excellent management of Barings and others, it was highly unlikely to achieve its purpose of paying off the national debt, which I think is now £2 trillion. It has even been spotted by the Prime Minister’s former private secretary, Danny Kruger, now a distinguished Member of Parliament, who in a recent report on community service asked why we cannot deploy the National Fund.

I am afraid that I have slightly hijacked the debate on the Dormant Assets Bill to once again bring the National Fund to the Government’s attention. I know that there is no more able and effective Minister than my noble friend on the Front Bench this afternoon to grab this issue, run with it and bring forward appropriate government amendments in Committee to unlock the National Fund and, at a stroke, double the assets available to good causes.

[The Deputy Speaker (Baroness Watkins of Tavistock) (CB)]

My Lords, I am aware that, due to the reduced capacity of the Chamber, many people were not here earlier, when the normal rules for the current situation were read out. I remind Members in the Chamber that all Members are expected to respect social distancing, as everybody is doing, but also to wear face coverings while in the Chamber, except when standing to speak—unless, of course, they are medically exempt.

Creative Industries: Covid-19

Lord Vaizey of Didcot Excerpts

Monday 26th April 2021 Lords Chamber

[Baroness Barran (Con)]

The noble Lord is right to raise these points. Absolutely, levelling up should cut across a number of axes, including the one the noble Lord raises. We are working to improve this area. At Budget the Chancellor announced a new approach to apprenticeships in the creative industries, with £7 million of pilot funding to test flexi-job apprenticeships that might suit better the working practices of the creative industries. Over 1,300 creative industry placements are now available via the Department for Work and Pensions Kickstart scheme.

[Lord Vaizey of Didcot (Con)]

My Lords, I recognise the substantial support the Government have given the creative industries and pay tribute to my noble friend the Minister and her officials for all their hard work. When she mentioned apprentices, it reminded me that the BBC has announced that it will employ 1,000 apprentices. Will she join me in recognising the crucial role the BBC and other public service broadcasters play in levelling up, given their increased regional presence? For example, the BBC now makes 60% of its programmes outside London.

[Baroness Barran (Con)]

As my noble friend is well aware, the BBC is operationally and editorially independent from government, but I share his warm welcome for the BBC’s recent announcement that it plans to move 60% of network TV commissioning spend and 50% of network radio and music spend outside London.

British Library Board (Power to Borrow) Bill

Lord Vaizey of Didcot Excerpts

2nd reading
Friday 19th March 2021 Lords Chamber

Moved by

[Lord Vaizey of Didcot]

That the Bill be now read a second time.

[Lord Vaizey of Didcot (Con)]

My Lords, I do not propose to detain your Lordships long. This is a very simple Bill that has been entrusted to me, which runs to the full extent of two clauses. Before I move to the Bill, I refer to my register of interests, including my work for the Authors’ Licensing and Collecting Society.

This Bill has come from the other place, where it was ably stewarded by Bim Afolami MP. Without wishing to turn this into an Oscars speech, I briefly express my gratitude to Rob Field of the British Library for his help in preparing my remarks as well as to Cheryl Shorter and Mark Hicks at what we must now refer to at length as the Department for Digital, Culture, Media and Sport.

I am very much looking forward to the speeches from noble Lords, in particular from the noble Baroness, Lady Blackstone, who was for many years the chair of the British Library when I was a simple junior Minister sitting at her feet, and from my newly ennobled and very old noble friend Lord Hannan, who 30 years ago used to do my photocopying. I say to him that, if he does not have at least three quotes from Shakespeare referring to reading and libraries in his three-minute speech, I will be extremely disappointed.

As I said, this Bill is extremely uncontroversial. Its two clauses simply repeal a provision in the British Library Act 1972—the noble Lord, Lord Cormack, who is also due to speak, was there when it was going through Parliament—which prevents the British Library from borrowing. I am told by officials at DCMS that the reason why the provision was included in the 1972 Act is lost in the mists of time, despite their archaeological work—the noble Lord may be able to shed light on that.

This Bill will put the British Library in the same position as the rest of our national museums. I was lucky enough as Minister for Culture to push forward granting greater freedoms to our national museums. That included the power to borrow and to spend from their reserves and other flexibilities. I was certainly not around at the time—although, again, the noble Lord, Lord Cormack, will recall it—but it is hard to believe that 40 or 50 years ago our museums were treated as subsets of government departments, with huge restrictions. I am pleased to say that, whatever one’s view of different Governments, more and more freedoms have been granted to our museums and they have flourished as a result.

This simple Bill will allow the great British Library to have the same level of freedom as its counterparts. Once the Bill is passed, it will be able to borrow from a Treasury pot of £60 million that is made available annually and has so far been used by seven museums. It is important to stress—I do not think that any of your Lordships would take this view, but it was raised at Second Reading in the other place—that this is not a Trojan horse or some Machiavellian scheme by the Government to allow the British Library to borrow money so that they can cut its grant in future. It simply provides the flexibility and freedom enjoyed by all our other national museums.

I do not want to pre-empt any of the remarks of the noble Baroness, Lady Blackstone, but it is safe to say that the British Library is a jewel in our cultural crown. I am pleased to say that it still receives a generous grant from the Government of almost £100 million, but it also generates almost £20 million in commercial income. It provides free access for the public to its treasures gallery and free access for registered readers to its famous reading room. Its treasures go on tour around the country; I remember visiting the Lindisfarne Gospels in County Durham. They will be going on tour again to Newcastle next year and George Eliot’s Middlemarch is going to Coventry, our future capital of culture. It has 150 million physical items, which include 31 million books, almost a million titles, 350,000 manuscripts, almost 5 million maps and 1.5 million music scores. It adds 3 million more items every year; it has 625 kilometres of shelf space and adds 12 kilometres every year.

In this climate of levelling-up, it is also worth remembering that the British Library has a magnificent 42-acre site in Boston Spa in Yorkshire, which employs 550 people and where 70% of its collection is kept. Also, in this digital age, it is worth remembering that 5 million people a year look at items from the British Library online, 5 million people visit its website and 10 million teachers use its learning resources. When I was Culture Minister, I was very pleased to put through Parliament the non-print legal deposit regulations—an inelegant name for an important piece of legislation that has allowed the British Library to start collecting digital items. It now has 7.5 million e-books, 13 billion web items and 1.5 petabytes of data, which is apparently equivalent to 10 billion digital photos.

I am glad that the Government’s support for the British Library continues. In the last Budget, they awarded £13 million to the British Library to support its business and IP centres—again, this is a very important innovation which I think happened when the noble Baroness, Lady Blackstone, was chair of the British Library—which work with 20 regional and 90 local libraries to support businesses, and 12,000 businesses have taken advantage of this. The majority of those businesses are actually run by women; a third of them are run by people from BAME backgrounds and a fifth of them by people with disabilities. I was also delighted to learn that the National Lottery Heritage Fund has made £25 million available to the British Library to set up a new library in Leeds. The future of the British Library is bright indeed under the able leadership of Dame Carol Black and Roly Keating.

Since I have the Floor for just a few minutes, may I make two general policy points? I am obviously enjoying this moment of pretending that I am a Minister once again. First, I ask my noble friend who is in fact the Minister: could the Government look at the public lending right again? It seems to me such an easy win to increase the funding available for the public lending right. You can call me sad, but I was rereading my late father’s speeches in the House of Lords from when the public lending right was first introduced. We talk often in this place at the moment about freelancers. Authors are the ultimate freelancers, and for a very small amount of money the Government could make a great and dramatic impact on the lives of many authors.

Secondly, I also reveal to the House my complete obsession with museum storage. The Boston Spa site—already a fantastic resource for the British Library and the country—could be made even better if the Government leaned in with the British Library on the digitisation of print items, because that is the way the world is going. It could turn into a fantastic regional resource in Yorkshire with the right amount of investment and imagination.

With those two free hits afforded to me by being able to steward the Bill through this place, I make my points and beg to move.

--- Later in debate ---

[Lord Vaizey of Didcot (Con)]

My Lords, I am often asked how I am enjoying being a new Member of your Lordships’ House, and when I consider the quality of this afternoon’s debate, which included two former chairmen of the British Library, one current board member, one Paralympian gold medallist, one composer and numerous elected officials, is it any wonder that it is a pleasure and a privilege to be a Member of this great House? There were many distinguished contributions and I do not propose to dwell on them, because they have been ably responded to by my noble friend the Minister.

However, I acknowledge the noble Lord, Lord Eatwell, a distinguished former chairman and, until his recent retirement, the longest-serving master of an Oxbridge college, Queens’ College, Cambridge, the alma mater of my late father. His interesting point about UKRI is a rabbit hole into which I could gladly disappear, discussing the place of museums in the Whitehall pantheon. It is very important to remember that museums—I include the British Library—have many different functions. They are not simply visitor attractions and exhibition spaces. They contribute now to cutting-edge research, whether it is the Science Museum, the Natural History Museum or the British Library. The other element that came out in many of the speeches, which I had not mentioned in my opening remarks, is the international role that the British Library plays. When I was a Minister, the British Library was doing some very important work with the Qataris.

I cannot finish without rising, although I know I should not, to the wonderfully provocative speech from my noble friend Lord Hannan. I shall defend the late, great architect Colin St John Wilson, who described the building of the British Library as a 30-year war. My noble friend will be delighted to know that the rather inauspicious site on which the British Library sits was a compromise; the original proposal was to demolish half of Bloomsbury. Wilson had to fight with Whitehall bureaucrats for the budget, and of course our great Prime Minister Margaret Thatcher, a woman I hugely admire, cut his budget in half, which might explain some of my noble friend’s concerns. I hesitate to draw from his view of the British Library that all public architecture is bad and all private architecture is brilliant. I advise him to take a walking tour with me through the City of London to see some of the monstrosities that private developers have put up.

The other reason why I love being a Member of your Lordships’ House was demonstrated in today’s debate, which ran the spectrum from the noble Baroness, Lady Bennett, saying that on no account must the British Library pursue any commercial activities, to my noble friend Lord Hannan saying that the British Library should be privatised tomorrow. Of course, we could privatise the British Library; that is a choice, just as we could privatise the British Army and use our defence budget to hire Russian mercenaries to defend us in our hour of need. Politics is about choices and, although I am a Conservative, I still very much believe in the public realm.

I return to my opening remarks: the British Library is a cultural jewel in our public realm, and I commend the Bill to the House.

Bill read a second time and committed to a Committee of the Whole House.

Australia: News Media and Digital Platforms Mandatory Bargaining Code

Lord Vaizey of Didcot Excerpts

Thursday 25th February 2021 Lords Chamber

[Baroness Barran (Con)]

The Government are not dragging their heels, but, as the noble Lord explained very eloquently, there are a lot of interlocking issues here that our new digital markets unit will seek to address.

[Lord Vaizey of Didcot (Con) [V]]

I congratulate the Lord Speaker on his declaration of independence and his remarkable ability to tweet from the Woolsack. I refer to my entries in the register of Members’ interests. Three schemes in the UK currently support local journalism, run by the BBC, Facebook and Google. Would my noble friend the Minister consider creating a forum for publishers and platforms, including, for example, Microsoft, to meet on a regular basis to try to co-ordinate these different activities and give proper, sustained financial support to local newspapers?

[Baroness Barran (Con)]

I am very happy to take my noble friend’s suggestion back to colleagues in the department, but I know that we are in regular discussion with all the groups he mentioned.

Covid-19: Performing Arts Freelance Workers

Lord Vaizey of Didcot Excerpts

Wednesday 10th February 2021 Lords Chamber

[Baroness Barran (Con)]

I start by wishing the noble Baroness a happy birthday as well, and the noble Baroness, Lady Lane-Fox, if she is listening—it is a busy day. I will have to write to the noble Baroness, Lady Bennett, with the exact distribution in England. In the devolved Administrations, £33 million has been given to Northern Ireland, £97 million to Scotland and £59 million to Wales.

[Lord Vaizey of Didcot (Con)]

My Lords, I draw attention to my entries in the Register of Lords’ Interests. I also wish absolutely everybody a happy birthday, particularly the Minister, who has achieved so much at such a young age. I wonder whether she has had a chance to look at the Institute for Fiscal Studies report, which suggests that for about 5% of the cost of the furlough scheme we could fill the gaps left for some freelancers who are not eligible under SEISS. It is about £5 billion, which in pre-Covid days was a lot of money, but in Covid days it is just 5%. Could she give me the Government’s view on that report? Will she, along with her colleagues, meet trade bodies such as the Creative Industries Federation which are doing so much work engaging with freelancers and looking for solutions?

[Baroness Barran (Con)]

I am of course happy to agree to meet any of the trade bodies that my noble friend suggests. Colleagues in the department are considering this report and working very closely with HMRC, the Treasury and the freelance community to understand take-up of the Self-employment Income Support Scheme and how that can best operate in future.

Music Sector: Working in Europe

Lord Vaizey of Didcot Excerpts

Wednesday 3rd February 2021 Lords Chamber

[Baroness Barran (Con)]

Given the sensitivities around arrangements with Northern Ireland at the moment, if I may, I will double-check and confirm to the noble Baroness. My understanding is that artists and organisations based in Northern Ireland will not be required to obtain ATA carnets or musical instrument certificates when touring in the EU, because the protocol means that Northern Ireland is part of that regulatory environment.

[Lord Vaizey of Didcot (Con)]

My Lords, half our musicians earn half their income in the European Union. Echoing the noble Earl, Lord Clancarty, I add that Tonga and St Lucia also have visa waiver agreements with the European Union. Is the Government’s position that Tonga and St Lucia do not have control over their borders and therefore should now turn their backs on their visa waiver schemes, or will the Government see sense and pursue a bilateral agreement for a visa waiver scheme for our musicians?

[Baroness Barran (Con)]

This Government are not responsible for any of the visa arrangements for the countries to which my noble friend referred. We recognise that additional requirements will need to be met for our cultural professionals to tour and work in the EU. Some member states allow touring without a permit and others require a pre-approved visa and/or work permit. We are undertaking an extensive programme of engagement with our sectors to find the best way through.

Telecommunications Infrastructure (Leasehold Property) Bill

Lord Vaizey of Didcot Excerpts

3rd reading & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords
Thursday 28th January 2021 Lords Chamber

[Lord Fox (LD)]

My Lords, the amendment, which we welcome, brings us into the territory of the Bill. The noble Baroness, Lady Morgan of Cotes, if she is still in her virtual seat, will be sitting more easily in this part of the discussion.

When speaking previously to an amendment brought by the noble Lord, Lord Stevenson, supported by myself and others, the Minister agreed that we should aim to simplify the lives of consumers. To that end, she said that the Government would be willing to table an amendment at Third Reading. My understanding is that this amendment honours that statement. The Minister said that Her Majesty’s Government consider it fair to amend the Bill in this way and that the aim is to include measures to ensure that an operator must not install their equipment in any such anti-competitive way. Therefore, the test of the amendment is whether it reaches that objective.

I shall discuss two aspects of the amendment’s wording. First, the words,

“nothing done by the operator”,

seem to imply more than just technology, because there are other things that an operator could do. Perhaps the Minister can explain “nothing”. It could refer to a contractual matter or all sorts of other areas, including service as well as the purely technological. Secondly, there is the phrase, “unnecessarily prevents”. What is a necessary prevention? In other words, how will the regulations deal with those two areas—“nothing” and “unnecessary”?

I had the opportunity to virtually bump into the Minister this morning—obviously with at least two metres between us—and give her some warning of my concerns. Regarding the practical way this matter will work, let us imagine that I am a tenant in a new property. I move in, wish to switch my operator and start to encounter technological problems with the process. What do I do next? How does the amendment help me to deliver on that?

Quickly in conclusion, none of this means anything if we do not have great connectivity. I could not, therefore, pass this opportunity by without asking the Minister where we are on that. The delivery of ultrafast broadband was a subject for discussion in Committee and on Report, as was the creation of an open source network. It is safe to say that some time has passed since we last discussed that issue. As the Minister stated, some technological developments have included, not least, the gradual removal of Huawei from the supply chain. Meanwhile, the Prime Minister has made several statements about the bandwidth that will be provided and its extent—statements at odds with what network providers have said is possible. Where are we on the Prime Minister’s gigabit connectivity being available to everyone? Where are we on the development of open source networks? If the Minister can answer those questions, I am sure that we will support the amendment.

[Lord Vaizey of Didcot (Con) [V]]

My Lords, I refer to my entry in the register of Members’ interests. I was not a Member of this House when the Bill was debated at Second Reading or on Report. Therefore, I begin by saying how much I welcome it. In my experience as the Minister responsible for rural broadband rollout between 2010 and 2016, I soon came to realise that planning is the biggest obstacle that prevents the rapid deployment of the broadband that this country desperately needs. The planning system is hopelessly complex and time-consuming, and imposes enormous costs on operators. Anything that can make their lives easier has to be welcomed. Multi-dwelling units contain dozens of potential recipients of ultrafast broadband. If we can make it easier and simpler for operators to deploy their technology, that is to be welcomed.

I was also delighted that the Government yesterday published a consultation on reforming the Electronic Communications Code. Again, I was the Minister who had a first stab at that, which was obviously not good enough, and that is why we need a second bite at the cherry. I should point out to the noble Lord, Lord Fox, that the foreword to that consultation document contains some heartening statistics on the deployment of gigabit broadband. From memory—I read it only this morning, but I am getting older—some 30% of homes can now potentially receive gigabit broadband. It is good to see the Government pressing ahead on another front.

I should say on operators entering multi-dwelling units that one of the Government’s commitments during the passage of the Bill was to publish a consultation on the code of practice and then a code following Royal Assent. Given that the Bill imposes obligations on landlords and effectively interferes with their property rights, it is vital that landlords are reassured that the operators will adhere to the highest possible standards. The code of practice is also important for some of the smaller operators. There is some nervousness among them. If landlords are worried about operators’ standards when deploying the technology, they will simply take refuge by dealing only with the biggest operators and not allow insurgents, as it were, or start-ups to fibre-up their buildings. I hope that when she responds the Minister can give some reassurance that the code of practice consultation will be issued imminently.

I should also point out that the Bill does not yet cover the issue of shared freeholds, and I hope that the consultation on the Electronic Communications Code, which I am not covers this issue, could be used as a vehicle for looking at how operators can enter buildings where there is a shared freehold—the typical building being a Victorian house that has been split into flats. Some 5 million premises fall within that category and there needs to be some way forward to allow operators to access shared freehold premises.

I am not sure whether the amendment is necessary in practice, but I understand the Government’s motivation to reassure Members of both Houses that the Bill will not inadvertently create monopolies in multi-dwelling units. I should also ask the Minister to respond, either now or in writing, to the concern of some operators about the Government and Ofcom’s ongoing intentions to impose wholesale access on operators. It is one thing to say that an operator should not do anything, intentionally or inadvertently, to prevent a competitor supplying technology to multi-dwelling units, but it is quite another to impose on a company the obligation to allow others to use the infrastructure it has invested in and paid for. What is the direction of travel of the Government and Ofcom, because I know that they have previously thought about imposing wholesale obligations on operators in multi-dwelling units?

However, as I say, I welcome the amendment. My understanding is that any attempt to physically impede competitors from entering a multi-dwelling unit would fall foul of the ATI regulations and, indeed, the EU’s Electronic Communications Code, so I am not entirely certain that the amendment is necessary. However, in the sense of providing statutory reassurance that a much- needed piece of legislation will open up access to ultrafast broadband to many millions of people living in multi-dwelling units the amendment has to be welcomed.

[Lord Clement-Jones (LD) [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord Vaizey, and to welcome him to the select band of broadband and telecoms legislation aficionados in this House. As my noble friend Lord Fox said, on Report we welcomed the principle of the previous amendment in the name of the noble Lord, Lord Stevenson, in respect of Part 4A code rights. Likewise, we welcome the Government’s Amendment 2 today.

Strangely enough, however, I do not think that the Government’s amendment is as good as the original, in terms of what the noble Lord, Lord Stevenson, was trying to achieve. It substitutes an arguably unclear negative injunction for a positive duty, where it is clear what is intended. On these Benches, however, as my noble friend Lord Fox indicated, we understand the intention behind the amendment, but how it is interpreted when put into practice will be the test. As he also said, we have throughout been encouraged to hear of the development of open radio access networks and strongly support them.

As the noble Baroness mentioned in her letter to us, in the period between Report and today, we have seen the publication of the Government’s 5G diversification strategy. I see that now NEC acting as the systems integrator will be building a testbed for O-RAN funded by the DDCMS, the new O-RAN project. Will the Minister say when this will be up and running and is this the promised Smart RAN interoperability centre—SONIC—or a precursor to it?

What is the current status of the telecoms diversification task force and the National Telecoms Lab, and what is the status of international collaborations? When developed, these open RAN standards will provide operators with the flexibility to use different vendors and obviate the need to take out existing networks on a change of operator. By the same token, for the consumer it would mean likewise that they are not captive to any particular operator with their equipment. That is a development that we wholly welcome.

UK Musicians: EU Visa Arrangements

Lord Vaizey of Didcot Excerpts

Wednesday 20th January 2021 Lords Chamber

[Baroness Barran (Con)]

I understand the noble Baroness’s concerns in this area, and we definitely continue to explore routes through it. However, I reassure her that direct funding has gone from Arts Council England to freelancers and, furthermore, to some of the benevolent societies that support them.

[Lord Vaizey of Didcot (Con)]

My Lords, it is very depressing that the careers of thousands of British-based musicians have been affected by the Government’s devotion to ending free movement. I have no doubt at all that there is blame on both sides, but we are where we are. I am sure that Ministers will attempt, as best they can, to renegotiate this lamentable situation. Perhaps I may make a practical suggestion. Given that when our musicians travel to Europe, they are now in the same position as when they travel to the United States, will the Minister have a conversation with her ministerial colleagues about committing resources in terms of both officials and money to create an online one-stop shop to help musicians who still, amazingly, might wish to tour in Europe to navigate the new bureaucracy?

[Baroness Barran (Con)]

I thank my noble friend for his suggestion. We are exploring all ways of making this as simple and straightforward as possible, but he will be aware that each member state has its own regulations in this regard. However, our ambition is clear.

Online Harms Consultation

Lord Vaizey of Didcot Excerpts

Wednesday 16th December 2020 Lords Chamber

[Lord Parkinson of Whitley Bay (Con)]

My Lords, the noble Lord needs to unmute himself. I am afraid that we still cannot hear him, so perhaps we should move on to my noble friend Lord Vaizey and see whether we can return to the noble Lord, Lord McNally, later.

[Lord Vaizey of Didcot (Con)]

My Lords, those are big shoes to fill. I begin by congratulating not only the Minister but her incredibly hard-working officials who have produced this exemplary template for online regulation. I make these points only for emphasis, as so many brilliant questions have already been asked. As we seize long-overdue control of our fish, can we at least reach out to our former European partners, who have just published the Digital Services Act, to ensure that we do some joined-up thinking on online regulation in the UK, Brussels, Ireland and, I gather, Canada? Can we also, as the noble Lord, Lord Clement-Jones, pointed out, do joined-up thinking domestically between Ofcom, the ICO, the CMA, the age appropriate design code and any other acronym that I can quickly think of?

Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020

Lord Vaizey of Didcot Excerpts

Monday 16th November 2020 Grand Committee

[Lord Vaizey of Didcot (Con)]

It is a thrill to be speaking here this evening. This is my first speech in Grand Committee; I feel as if the set has been designed by Stanley Kubrick, but I will try to give my comments as reasonably as I can. I feel as if I am giving my second maiden speech, so I hope that all subsequent speakers will lavish me and my speech with extraordinary praise.

I begin by saying how enjoyable it is to follow the noble Lord, Lord McNally, who may or may not still be watching the proceedings. He and I indeed worked closely together in the coalition Government on data protection, and in fact it was he who first turned me on to the subject. One of my last acts as a Minister was to grab it and take it over to DCMS to try to realise my vision of DCMS becoming the leading department on digital.

As may have been gathered, data is an extraordinarily dull subject, particularly when it comes to regulations and legislation, but it is true, as the noble Lord, Lord McNally, said, that it is often called the new oil. The reason is that data flows ever more generously around our world; in fact, I am told that the size of the digital universe is now 44 zettabytes, which is 44 times bigger than our physical universe. There are 500 million tweets a day—mostly from President Trump; 294 billion emails a day; 5 billion searches; and 65 billion WhatsApp messages—mostly, no doubt, from Dominic Cummings. It is therefore quite clear that data dominates everything, and there need to be clear rules on how it is used and how it is harmonised across jurisdictions. Data is the new trade route. In fact, the UK, as in so many areas in technology, leads the EU; about 4% of our gross domestic product is now dependent on data companies and industries.

The noble Lord, Lord McNally, rightly spent some time talking about the GDPR. The GDPR is of course a bureaucratic and onerous regulation, but the new version of it came into being just at the time when the “techlash” was gathering momentum, when concern about one’s data, the way that it was used and the privacy surrounding it was very much at the forefront, and the GDPR is now seen as a bit of a gold standard. In any event, one of its unassailable merits is that it is now valid across 27 different jurisdictions in the EU, which means that any company using data within the EU knows that it can transfer across different countries. It has been copied in other states, even in countries such as South Korea, which is seen as a technology leader, while California’s recent passing of its own privacy law is very much dependent on the GDPR. Bureaucratic it may be, but it has become a model.

One of my concerns, though, about the GDPR is that it is not being used effectively by privacy regulators. I gather that only 3% of the 680 staff at our own Information Commissioner’s Office are tech specialists, and there is so far a failure to use the powers of the GDPR, for example, to take on big tech in the way it transfers the data of citizens between its applications. Think about the way that Facebook and Instagram share data. If the Minister wishes to comment on the ICO and its use of the GDPR, that would be welcome.

Of course, what the noble Lord, Lord McNally, also referred to is probably the most important thing and relevant to these regulations: equivalence across different countries and trade blocs. I notice that Japan recently agreed equivalence with the EU, thus surrendering, perhaps, some of its sovereignty to the EU without throwing a temper tantrum. We have not yet agreed equivalence with the EU, and I am told that if we do not reach a deal then the EU will start to consider data adequacy with us only when we become a third country. That will lead to chaos—chaos, I have to say, compounded by the decision of the European Court to reject the Privacy Shield between the United States and the EU. You have a three-way pile-up, with the UK caught somewhere in the middle.

However, there is some cause for optimism in the very dull subject of data. I unequivocally welcome the Government’s recently published National Data Strategy. Launched in September, it addresses some of the real opportunities that the data economy presents. The idea of standardising data across the public sector is extremely welcome, and being able to share data across silos to realise real gains is also very welcome indeed. The focus on data skills and training people in data and in the responsible use of data is a good thing. Some think perhaps that the national data strategy is not ambitious enough. I do not share that view. I think it is a welcome first step and, if implemented properly, will maintain our leadership in this very important area.

However, horizon-scanning ideas are beginning to emerge—for example, the need for companies to value their data. It is astonishing if you look at the accounts of big tech that nowhere will they put a price on the enormous amount of data they harvest from their users. If you put a value on data, you might see companies work harder to make it more secure and—dare I say it or whisper it—it might even be possible for national Governments to tax that data. The wealthiest people in the world really are data billionaires, rather than anything else.

The other emerging idea is that of data trusts. They are a bit like a pension trust where you can put data into, as it were, a separate part of a company and have it governed separately. This could help small companies manage their data more effectively and create whole new industries. For me, all this is very exciting and brings me back to the point to thank the noble Lord, Lord McNally, for first turning me on to data.