Repatriation of Cultural Objects

Lord Bassam of Brighton Excerpts

Tuesday 6th September 2022 Lords Chamber

Asked by

[Lord Bassam of Brighton]

To ask Her Majesty’s Government what further consideration they have given to the repatriation of cultural objects to their places of origin given the decision of the Horniman Museum to return its collection of Benin Bronzes to Nigeria.

[Lord Bassam of Brighton (Lab)]

My Lords, in begging leave to ask the Question standing in my name on the Order Paper, I declare my interest on the register as a trustee of the People’s History Museum and the Royal Pavilion and Museums Trust.

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, museums and galleries in England operate independently of government. Some national museums are prevented by law from deaccessioning items in their collection, with some narrow exceptions. The Horniman Museum is not subject to such legislation so this was a decision for its trustees, but I know that they went about their decision with appropriate care and consideration. Arts Council England has published a practical guide for museums in England to help them in approaching this issue more generally.

[Lord Bassam of Brighton (Lab)]

My Lords, I congratulate the Horniman Museum on being made the Art Fund’s museum of the year back in July. The unanimous decision of the museum’s board to return ownership of 72 artefacts to Nigeria has been hailed as “immensely significant”—a view that I share. Given that the organisation receives DCMS funding, what discussions, if any, did the Horniman have with DCMS prior to making this decision, and should we take this as evidence of a shift in government policy on the future of cultural objects acquired through force? I note that George Osborne, chair of the British Museum, said recently in relation to the Parthenon sculptures that there was a “deal to be done”.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I echo the noble Lord’s congratulations to the Horniman on its accolade as museum of the year and, indeed, to the People’s History Museum, which was shortlisted and narrowly lost out. As I said, the Horniman Museum is not prohibited in law from taking the decision. The trustees let us know that they had been approached with a request for restitution; I am satisfied that they went about it in a thoughtful manner, in accordance with their guidance. Separate guidance has been published by Arts Council England to inform deliberations by other museums but this does not have any implications for wider positions, particularly in relation to the barrier in law to deaccessioning.

Channel 4: Annual Report

Lord Bassam of Brighton Excerpts

Thursday 21st July 2022 Lords Chamber

Asked by

[Lord Bassam of Brighton]

To ask Her Majesty’s Government whether they have made representations to Channel 4 regarding the contents of its annual report and, if so, why.

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

The department laid Channel 4’s annual report before Parliament on 13 July with no changes to its content from Channel 4’s draft. The timeline for the department receiving the draft annual report from Channel 4 and laying it before Parliament follows last year’s timetable. It is usual practice for departments to review annual reports ahead of publication.

[Lord Bassam of Brighton (Lab)]

My Lords, rather than trying to sex up Channel 4’s annual report to suit the privatisation agenda, is now not the time for the Government to do a bit of a Lynton Crosby, “scrape the barnacles off the boat” and finally admit that neither the public—nor, for that matter, the parliamentary Conservative Party—want Channel 4 flogged off?

[Lord Parkinson of Whitley Bay (Con)]

My Lords, given that Channel 4 is currently publicly owned, the Government are fully entitled to comment on the contents of its annual report. As I say, it is usual practice for departments to review annual reports. We cannot direct a public body to change what it says but it is quite proper for us to make representations. The Government are clear that we have the long-term interests of Channel 4 at heart in want to ensure that it continues to access the capital and funding it needs to continue doing the brilliant work that it has done for 40 years.

Digital Regulation: Communications and Digital Committee Report

Lord Bassam of Brighton Excerpts

Thursday 21st July 2022 Grand Committee

[Lord Bassam of Brighton (Lab)]

My Lords, like other colleagues this afternoon I congratulate the noble Baroness, Lady Stowell, on her excellent presentation of the report, its findings and its recommendations. I am very flattered that she might consider me part of the “A team” responding today to that report—I am certainly not in that league. The noble Baroness was elevated to her role; I think we should look at in that light rather than as “accession”. This report was timely when it was published, and I regret that we have had to wait seven months for the opportunity to debate it because, as we are all aware, the digital world moves on very fast and we are, as the noble Lord, Lord Clement-Jones, said, urgently awaiting the arrival in this House of the Online Safety Bill.

I am ever grateful to the Communications and Digital Committee for its work. Its 2019 report Regulating in a Digital World and now this report with suggestions for addressing the insufficiencies—and the sufficiencies—of the current regulatory system are very welcome. As all sides have acknowledged, digital innovation comes at us rapidly: some developments are anticipated, while others are more surprising. Regulation of some clearly sits with a particular regulator, whereas some other activities may cut across several remits. This report makes a case for better co-ordination and the updating of powers.

Whether we see developments coming or not, and regardless of the regulator involved, it is rare that we have proven models to replicate or to take influence from. That inevitably means that our initial attempts might not be wholly successful.

While we must leave room for innovation and the possible substantial economic and social benefits it can bring, any responsible Government must also deliver a regulatory framework that recognises and mitigates risk, and which has the tools to react if and when things go wrong. We await some of that.

In their response, the Government are right to note that policy responses must be “proportionate and evidence-based”—which leads me to be rather surprised by some of their conclusions on the simple and effective recommendations that the report has brought forward. Although it is important to implement the right system, and although we might not be able to be ahead of the curve, we must try to keep pace with developments rather than allow ourselves to lag behind. That is clearly what has happened with the digital world. For example, we need confidence that the evidence base for potential policy responses is being built right now, rather than having Ministers wait for problems to arise before research is commissioned or consultations take place. I hope that the Minister can provide some assurance on this front.

I also wonder whether the Minister, before he puts his summer flip-flops on, could comment further on the Government’s decision not to put the Digital Regulation Cooperation Forum on a statutory footing. I think most Members here in the Committee today are wondering why that is. It seems a very strange decision indeed. The Government’s response talks of the importance of

“sufficient clarity and transparency around the DRCF’s ways of working”,

but surely the best way of delivering such clarity and transparency would be to enable scrutiny of the body’s remit and working practices through consideration of legislation. Similarly, the committee’s report talks of the need for the DRCF to engage with regulators and other relevant bodies, whether those organisations are based domestically or overseas.

The Government used their response to outline several meetings held between the forum and interested parties, but future engagement depends very much on ongoing good will and co-operation rather than having any firmer underpinning. Does the Minister think that that is right?

I also wonder why the Government failed to support the proposal of a Joint Committee across both Houses. It worked very well for the consideration of the Online Safety Bill. I wonder what the harm is. I do not buy the argument that there is duplication. There is value in this, because Parliament needs to have a say in these matters.

There are any number of related issues, including how we regulate artificial intelligence—the favourite subject of the noble Lord, Lord Clement-Jones—but, given everyone’s wish to wrap up for the Summer Recess, I look forward very much to the Minister’s response. However, I add my voice to the list of questions from the noble Baroness, Lady Stowell, as to what has happened to the Online Safety Bill, what is happening to the review of the BBC’s future funding and where we are at with the media Bill. I know that at this time in the political cycle, when you change political leaders, there is a temptation to park things, but it would be good to have an update on some of those things from the Minister.

Broadcasting Sector White Paper

Lord Bassam of Brighton Excerpts

Monday 11th July 2022 Lords Chamber

[Lord Parkinson of Whitley Bay (Con)]

The right reverend Prelate points to an important issue in talking of skills. The British Film Institute has looked at this very carefully and published its film and high-end TV skills review at the end of last month, which we strongly welcome and look forward to discussing with the industry to see how it engages with the findings. The Government are doing their bit by, for instance, the new pilots of flexible apprenticeships and through our regular support of more than £2 million a year to the National Film and Television School.

[Lord Bassam of Brighton (Lab)]

My Lords, given that the current cost of living crisis is problematic across all sectors and can have a particularly adverse impact on the creative industries, which are sensitive to changes in economic conditions even without the continued fallout from the pandemic, what assessment has the department made of the impact of inflation and energy price increases across the whole sector, whether on huge production companies, small venues or the dedicated workforce that keeps the show on the road?

[Lord Parkinson of Whitley Bay (Con)]

We talk about inflation and energy bills with all the sectors and industries that the DCMS has the privilege of representing. I spoke about them this morning at the Imperial War Museum when I visited it. Our settlement for the BBC will, as I say, ensure that it continues to receive around £3.7 billion in annual public funding, which will allow it to deliver its mission and public purposes.

Product Security and Telecommunications Infrastructure Bill

Lord Bassam of Brighton Excerpts

Lords Hansard - Part 1 & Committee stage
Wednesday 29th June 2022 Lords Chamber

Moved by

[Lord Bassam of Brighton]

19: After Clause 60, insert the following new Clause—
“Requirement for operators to notify emergency service sites prior to upgrading or sharing apparatus
(1) The electronic communications code is amended as follows.(2) In paragraph 17, in sub-paragraph (1), for the words “sub-paragraphs (2) and (3)” substitute “sub-paragraphs (2), (3) and (4A)”.(3) After sub-paragraph (4) insert—“(4A) The third condition is that, where a site is provided by an emergency service, before the beginning of the period of 21 days, ending with the day on which the main operator begins to upgrade the electronic communications apparatus or (as the case may be) share its use, the main operator provides written notice to the site provider.””Member’s explanatory statement
This new Clause would require operators with agreements under the code that are not subsisting agreements to provide written notice to site providers that are an emergency service in advance of apparatus being upgraded or shared. This would allow relevant emergency services to plan around service outages or other forms of disruption.

[Lord Bassam of Brighton (Lab)]

My Lords, I speak on behalf of my noble friend Lady Merron, who has tabled this amendment. The proposed new clause in Amendment 19 would

“require operators with agreements under the code that are not subsisting agreements to provide written notice to site providers that are an emergency service in advance of apparatus being upgraded or shared”.

This would obviously allow “relevant emergency services” to plan better around things such as

“service outages or other forms of disruption.”

We have tabled this amendment because some hospitals have reported instances where telecoms engineers have arrived to inspect or upgrade equipment, having provided little or no notice of their visit or the need to turn broadband and other data connections off for its duration. As I am sure the Minister will be aware, this amendment was tabled in the Commons and, at that point, the Government insisted that the clarification was unnecessary. The Minister, Julia Lopez, said that paragraph 17 rights authorise a visit only where there is no adverse impact, which probably brings us back to earlier debates.

For visits that go beyond paragraph 17 rights, the Government insist that operators need to obtain permission in advance or potentially face legal repercussions. However, hospitals and other emergency services have far more important things to do than pursue complaints and court orders while they are running important services. The Minister also claimed that introducing this clarification

“would undermine the policy intention of the rights”.—[Official Report, Commons, Product Security and Telecommunications Infrastructure Bill Committee, 22/3/22; col. 121.]

Perhaps the Minister can outline exactly how.

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

If my noble friend will permit, I will come to the points she raises on consultation shortly.

Clause 72 will allow the Secretary of State to amend the Communications (Access to Infrastructure) Regulations 2016. Sharing infrastructure in the concentration of gigabit-capable networks can greatly reduce the cost and increase the pace of deploying networks, and can reduce the need to dig up streets, preventing unnecessary disruption to the local population and reducing carbon emissions. The 2016 regulations enable sharing of information about access to physical infrastructure across the utility, transport and communications sectors. They also include the right to access that infrastructure on fair and reasonable commercial terms and conditions. The Government published our response to the call for evidence on a review of these regulations last year. We set out that there may be some areas where they could be made easier to use and to understand.

In addition, we said we would legislate to allow future changes to the regulations via secondary legislation rather than relying on primary legislation. That legislation would be subject to further consultation with Ofcom and other appropriate parties. To expand on that a little, Clause 72 makes clear that

“the Secretary of State must consult … OFCOM; … such other persons as the Secretary of State considers appropriate”

before making such regulations. I cannot conceive of a set of circumstances where the landowner would not be one of the other persons that the Secretary of State considers appropriate—obviously, if I have that wrong I will write to noble Lords. In addition, any regulations made using this power will still be scrutinised as part of the affirmative resolution procedure. Clause 72 therefore grants to the Secretary of State a narrow power to make provision, through regulations, conferring rights on network providers in relation to infrastructure for the purpose of developing communications networks. These provisions include the power to amend, revoke or replace the 2016 regulations.

Finally, my noble friend Lord Vaizey raised some useful points about operator behaviour, which I think we may discuss in more detail in later amendments in group 6 on the Ofcom code of practice. I will leave it till then to address those, if that is acceptable.

[Lord Bassam of Brighton (Lab)]

My Lords, I am somewhat reluctant to let this go, I must confess. The emergency services in this country have a very difficult job to do, and I think they require better treatment than this.

I am not satisfied with the noble Lord’s explanation. I can envisage a time when an engineer turns up on the basic premise that the task they have to complete is smallish, but it turns out to be a rather larger problem—a bit like when you get a plumber in and they suddenly discover that there is something more fundamentally wrong with your boiler than the dial not working properly, and that it needs repressurising and a part needs to be brought up. This is a practical consideration, as it could cause considerable disruption to a service.

I was thinking of something that recently happened quite close to where I live. The road immediately in front of the local fire station was dug up; I cannot believe that the highways authority was not in contact with the fire station concerned, but I am not entirely sure that it was. I know that the people working in the fire station were put out for the period of time in which their ability freely to come and go in an emergency situation was seriously impacted.

For the purposes of Committee, I will withdraw this amendment, but the Government need to give this further thought. These behaviours can be highly disruptive. They can impact quite adversely on people’s personal security and safety; obviously, we want to make sure that there is a reasonably sensible way for providers to exercise their rights to repair, renew and so on, but we need to get the balance right and the Government need to think about this again. I beg leave to withdraw Amendment 19.

Amendment 19 withdrawn.

--- Later in debate ---

[Lord Northbrook (Con)]

My Lords, I will briefly support the clause stand part amendment and the amendments in the name of the noble Lord, Lord Clement-Jones. They appear entirely sensible, especially the restricting of rent reductions to the date on which a court order is made, rather than being retrospective. Like the noble Earl, Lord Devon, I am not a lackey of APWireless and have done my own negotiations with my solicitors on my contract, which were far from amicable.

[Lord Bassam of Brighton (Lab)]

My Lords, I shall be very brief. In general, I support the arguments of the noble Lord, Lord Clement-Jones. The arguments on retrospectivity, which the noble Earl, Lord Lytton, addressed, are sound; it surely cannot be right that we have a change that will penalise landlords in the way this does. A reform could lead to a sudden and significant sum of money being owed to telecoms operators by site providers. Some of those who provide sites could even end up in a form of bankruptcy, particularly if courts make a decision that goes back to a point at which the notice was served. Large sums of money will be involved.

Amendment 34, which we have signed, would ensure that interim rent payments could not be backdated to that point, prior to a court order being obtained. That would mitigate the risks of backdated payments causing site providers severe or significant financial difficulties. That is a reasonable and fair principle which should find its way into this legislation. We support the other amendments from the noble Lord, Lord Clement-Jones, in generality as well.

[Lord Fox (LD)]

My Lords, even more briefly, the Minister said in responding to the last group that the Government are clear that the cost of rent is too high and the purpose is to drive it down. In different comments, he stated that he felt these costs will eventually find their way to the consumer—I doubt that, but time will tell. What is the purpose of the retrospectivity and who will benefit? When will I receive my refund on my mobile phone bill for the retrospective repayment of this money? The answer is that I will not, so who will benefit from this and why are the Government causing it to happen?

Product Security and Telecommunications Infrastructure Bill

Lord Bassam of Brighton Excerpts

Lords Hansard - Part 2 & Committee stage
Wednesday 29th June 2022 Lords Chamber

Moved by

[Lord Bassam of Brighton]

43: After Clause 72, insert the following new Clause—
“Local authority nominated persons
Within three months beginning with the day on which this Act is passed, the Secretary of State must lay before Parliament a statement outlining the steps Her Majesty's Government intends to take to ensure local authorities—(a) publish the contact details of an officer designated with responsibility for matters pertaining to the exercising of code rights, and(b) publish relevant updates to the information provided under paragraph (a) in a timely manner.”Member’s explanatory statement
This amendment is to probe whether the Government is taking any steps to ensure local authorities make the contact details of relevant officers publicly available, in order to assist telecommunications operators and other interested parties.

[Lord Bassam of Brighton (Lab)]

My Lords, on behalf of my noble friend Lady Merron, I am moving Amendment 43. This amendment is designed to probe the Government and work out whether they are taking any steps to ensure that local authorities make the contact details of relevant officers publicly available so that telecommunications operators and other interested parties can make relevant inquiries. What stimulated this is the simple fact that telecoms operators have said to us that they regularly encounter difficulties identifying the responsible officer in local authorities. That experience is not universal—some local authorities are very good at making contact details available—but where problems are faced, infrastructure rollout is slowed down considerably. DCMS has acknowledged that different authorities deal with digital infrastructure matters in different ways. This amendment is our way of asking the Minister what steps the Government might consider to ensure greater consistency.

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

My Lords, this was a brief debate. I turn first to Amendment 43. I thank the noble Lord, Lord Bassam, and the noble Baroness, Lady Merron, for raising this important subject.

The Government are committed to delivering policy which helps rollout for everyone, and support the entire telecommunications sector in delivering connectivity. Ensuring that local authorities are ready to facilitate rollout as quickly as possible is a key part of this. It will benefit people across the UK in receiving the best possible service and ensure that all operators are able to compete to provide that service.

Local authorities should have autonomy to serve their communities in the way that they see fit. The difficulties faced by urban communities are likely to be very different from those faced in the highlands, for example. The Government believe that local authorities are best placed to decide how to lead and foster digital rollout in their local area.

Mandating local authorities to designate a particular officer responsible for digital connectivity would be too prescriptive. However, we recognise the considerable benefits of having a dedicated lead on digital infrastructure in local and regional authorities, which is why we strongly recommend this approach in our digital connectivity portal, DCMS’s official guidance for local authorities concerning connectivity. The portal provides a huge amount of practical information for local authorities—for instance, on debunking myths around 5G, making assets available for hosting equipment, and the application of the Electronic Communications Code and planning regulations. The digital connectivity portal is a vital enabler for local authorities to facilitate digital infrastructure deployment.

In May last year, the then Minister for Digital Infrastructure also wrote to all chief executives of local authorities to encourage them to appoint a digital champion and to engage with DCMS. I understand that as many as 80 authorities have responded and officials have been able to offer support to them. We have also provided £4 million of funding for the Digital Connectivity Infrastructure Accelerator programme, designed to foster increased collaboration between local authorities and the telecommunications industry. Local authorities can take advantage of these tools and funds to take the steps most appropriate in their area to encourage and facilitate rollout. I hope that gives reassurance on how seriously the Government take local authority engagement, and that the amendments will not be pressed.

If I might anticipate a possible comeback, it sounds like we very much agree with the noble Lord, so to be consistent about my inconsistency, we are not going further and mandating this because the Government seek to balance the national objective of accelerating digital infrastructure rollout with the need to allow local authorities to make the best choices for their communities. Each local authority will have a different approach to its specific local challenges. We feel that further imposition of rules from central government in these spaces risks disrupting environments that are already encouraging investment in infrastructure rollout.

Amendment 46 asks whether the Government intend to introduce a streamlined subsidy scheme for telecommunications infrastructure to reduce administrative burdens on public authorities. To provide some context, the new Subsidy Control Act, which has not yet fully come into force, gives the Government the ability to create streamlined subsidy schemes for all public authorities to use. The streamlined schemes are intended to provide a way of granting subsidies quickly, with little administrative burden, while also providing legal certainty to both the public authority awarding the subsidy and the beneficiary of the subsidy. The Government intend that these should facilitate the award of low-risk and uncontentious subsidies in areas of policy that are strategically important to the United Kingdom. Streamlined subsidy schemes will be considered for categories of subsidy where they will add clarity for public authorities and make the assessment of compliance simpler.

Although the Government currently have no plans to create a streamlined subsidy scheme for the installation of telecommunications infrastructure, we remain committed to delivering and supporting the rollout of such infrastructure as soon as possible. BDUK’s Project Gigabit is delivering gigabit-capable broadband across the UK, working closely with public authorities, including the devolved Administrations and local authorities, to help refine procurement boundaries, validate the market’s local investment plans and stimulate demand for gigabit vouchers.

The work we have undertaken so far has shown that the model is effective at responding to changing market conditions by refining or combining procurement boundaries to reach efficient scale and secure value for money for public subsidy. DCMS will continue to engage and consider how to support public authorities as best as possible to reduce administrative burdens, including on any considerations on subsidy control or future streamlined subsidy schemes.

I hope that explains why the Government consider that a streamlined subsidy scheme for telecoms infrastructure is not needed at this time. However, this will be kept under review. I ask noble Lords not to press their amendments.

[Lord Bassam of Brighton (Lab)]

My Lords, local government is always a question of discretion and flexibility versus providing a more rigorous approach to getting local authorities to deliver and perform. I accept the parameters of the argument. There is some merit in central government doing more to encourage local authorities to appoint a specific officer to help manage the rollout of digital. I think we are fairly in agreement on that point; 80 authorities out of 360-odd is not a lot but it is progress. Perhaps the Government could, or should, reinvigorate their drive to get authorities to come up with an identified official, particularly for the planning authorities.

I was very interested in what the Minister had to say about the second amendment. It seems that there is the emergence of a plan. I will read very carefully what the noble Lord had to say in Hansard and we will reflect further, but for now, I am more than happy to withdraw our probing amendment.

Amendment 43 withdrawn.

Product Security and Telecommunications Infrastructure Bill

Lord Bassam of Brighton Excerpts

Lords Hansard - Part 2 & Committee stage
Tuesday 21st June 2022 Lords Chamber

We support this amendment and look forward to the Minister explaining how the important words of Her Majesty’s Government on reporting vulnerabilities can be carried out without a measure such as this on the statute book.

[Lord Bassam of Brighton (Lab)]

My Lords, this has been a far more interesting debate than I initially surmised it would be—

[Noble Lords]

Oh!

--- Later in debate ---

[Lord Bassam of Brighton (Lab)]

No, I give credit where it is due. I congratulate the noble Lord, Lord Arbuthnot, on his amendment because the issues that he raised and the questions posed by the noble Lord, Lord Fox, in particular, are legitimate ones.

Although this is not the place to amend or change the Computer Misuse Act 1990, as the noble Lord, Lord Fox, said, it certainly is the place to raise concerns. After all, we are talking about product security and safety. It is vital that we have appropriate safeguards in place to prevent and, if need be, punish cyberattacks and other forms of hostile behaviour online.

However, as we seek to make smart devices safer, clearly there is a role for researchers and others to play in identifying and reporting on security flaws. They need to be able to do this within the safe zone of concern, knowing that they are not themselves going to be captured by those who are responsible for cybersecurity. As I understand it, exemptions exist in similar legislation to ensure that academics and other legitimately interested parties can access material relating to topics such as terrorism. The amendment before us today raises the prospect of granting a similar exemption and defence in this particular field.

I am conscious that the noble Lord, Lord Fox, raised the spectre of auras in the form of the noble Lords, Lord Vaizey, Lord Clement-Jones and Lord Holmes of Richmond—as well as the intent of the noble Baroness, Lady Neville-Jones, who is of course very knowledgeable about the business of security and has had both professional and political responsibility in that field. However, I think that, when those auras and his own say that this is an issue of concern, we as the Official Opposition reflect that concern.

I hope that the noble Lord will engage with the noble Lord, Lord Arbuthnot, and others following Committee on this—I am sure he will—because it is a very important subject. A campaign backed by such an esteemed cross-party group of colleagues in the Committee and in another place cannot be entirely wrong. The Computer Misuse Act 1990 is the framework we have got, but it is right that it is reviewed and that something fresh is brought before us to protect us from cyberattacks in the future.

[Lord Parkinson of Whitley Bay (Con)]

I am very grateful to my noble friend Lord Arbuthnot of Edrom for representing the other three signatories to this amendment. I was glad to meet him and the noble Lord, Lord Clement-Jones, to discuss this yesterday.

The role of security researchers in identifying and reporting vulnerabilities to manufacturers is vital for enhancing the security of connectable products. The good news is that many manufacturers already embrace this principle, but there are also some products on the market, often repackaged white label goods, where it is not always possible to identify the manufacturer or who has the wherewithal to fix a fault. The Bill will correct that.

As noble Lords have noted, there are legal complexities to navigate when conducting security research. The need to stop, pause and consider the law when doing research is no bad thing. The Government and industry agree that the cybersecurity profession needs to be better organised. We need professional standards to measure the competence and capabilities of security testers, as well as the other 15 cybersecurity specialisms. All of these specialists need to live by a code of professional ethics.

That is why we set up the UK Cyber Security Council last year as the new professional body for the sector. Now armed with a royal charter, the council is building the necessary professional framework and standards for the industry. Good cybersecurity research and security testing will operate in an environment where careful legal and regulatory considerations are built into the operating mode of the profession. We should be encouraging this rather than creating a route to allow people to sidestep these important issues.

As noble Lords have rightly noted, the issues here are complex, and any legislative changes to protect security researchers acting in good faith run the risk of preventing law enforcement agencies and prosecutors being able to take action against criminals and hostile state actors—the goodies and baddies as the noble Earl, Lord Erroll, referred to them. I know my noble friend’s amendment is to draw attention to this important issue. As drafted, it proposes not requiring persons to obtain consent to test systems where they believe that consent would be given. That conflicts with the provisions of the Computer Misuse Act, which requires authorisation to be given by the person entitled to control access. As the products that would be covered by this defence include products in use in people’s homes or offices, we believe that such authorisation is essential. The current provisions in the Computer Misuse Act make it clear that such access is illegal, and we should maintain that clarity to ensure that law enforcement agencies do not have to work with conflicting legislation.

The amendment would also limit the use of such a defence as testers would still be subject to the legal constraints that noble Lords have described when reporting any vulnerability that the Government have not banned through a security requirement. If a new attack vector was identified that was not catered for by the security requirements, the proposed defences would have no effect. The amendment would not protect those testing products outside the scope of this regime, from desktop computers to smart vehicles. If we consider there to be a case for action on this issue, the scope of that action should not be limited to the products that happen to be regulated through this Bill. None the less, the Government are listening to the concerns expressed by the CyberUp Campaign, which have been repeated and extended in this evening’s debate.

The Home Secretary announced a review of the Computer Misuse Act last year. As my noble friend noted, the Act dates back to 1990. I do not want to stress too much its antiquity as I am conscious that he served on the Bill Committee for it in another place. His insight into the debates that went into the Bill at the time and the changes that have taken place are well heard. The evidence which is being submitted to the review is being assessed and considered carefully by the Home Office. It is being actively worked on and the Home Office hopes to provide an update in the summer.

I hope, in that context, that noble Lords will agree that it would be inappropriate for us to pre-empt that work before the review is concluded and this complex issue is properly considered. With that, I hope my noble friend will be content to withdraw his amendment.

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[Lord Fox (LD)]

My Lords, once again I am a substitute for the noble Lord, Lord Clement-Jones—

[Lord Bassam of Brighton (Lab)]

Supersub!

[Lord Fox (LD)]

I know. I rise to move Amendment 17 in his name. I am grateful for the tuition that I have also had from the noble Earl, Lord Lytton—more about him shortly. Unfortunately, we are missing his huge expertise, but do not worry, I will be here to channel some of his thoughts.

This amendment seeks to ensure that any new agreements made with reference to Clause 57 and using paragraph 20 of the Electronic Communications Code must have regard to the terms of the existing agreement to ensure continuity and fairness. It aims to address outstanding concerns with the way rights are assigned when there are operators in occupation at a site. This is a complex issue and I am aware that the Minister and his colleagues at DCMS have been grappling with it as the Bill has been developed, but it is vital that the Government get this right.

The issue that the Government are trying to address was brought about by a confusion in the 2017 code. There have been some issues where operators have been prevented from getting the code rights they need to support their networks because they are already in occupation of the land and they cannot grant themselves rights.

The Government’s original consultation response and the first draft of the Bill tried to address this by changing the definition of “occupier” in the Bill. This was at Clause 57 in the original Bill. The stated policy intent made it clear that the change is intended only to address the issue that we have outlined and to ensure that when operators are in occupation of land they are able to obtain new code rights.

However, it was made clear to the Minister and his colleagues at DCMS that the original draft would in fact have much greater implications and would potentially allow operators to misuse Clause 57 as it was originally set out to modify or cancel agreements mid-term. This would be in the operators’ interest, since they could break a contract that had been agreed in good faith and move the new contract on to a new valuation basis under the 2017 “no scheme” provisions for consideration.

The Government tried to address this by removing the original draft of Clause 57 and replacing it with the new Clause 57 that we have before us today. Instead of changing the definition of “occupier” in the Electronic Communications Code, it creates a more specific code right to deal with the underlying problem.

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Governments can, of course, turn long-held understandings on their head, as the Labour Administration in 1963—I am sure none of the Front Bench remembers—did with the residential security of tenure of rent control.

[Lord Bassam of Brighton (Lab)]

It was 1954.

[Lord Fox (LD)]

I say to the noble Lord, Lord Bassam, we are coming to the Landlord and Tenant Act 1954.

The residential security of rent control caused a seizing up of the private rented sector for the next 25 years. This is something that the Landlord and Tenant Act 1954 avoided doing in the business sector by providing security of tenure, but on market rental terms. The word of warning here from the noble Earl is that Government should be careful what they wish for and how they go about any significant transition in dealing with human sentiment against actuarial robotics, and be aware of whose voices they lend their ears to.

There are apparently three routes to lease renewal: the 1954 Act, which the noble Earl believes is effectively overwritten in some instances by the 2017 code revision; the immediate pre-2017 code for non-LTA leases; and the situation that pertains for agreements following the 2017 changes. This seems a recipe for confusion, and if the noble Earl is confused, where does that leave the rest of us?

There is a lot of detail in quite a short amendment, but this is an issue. I understand, and I think my noble friend Lord Clement-Jones and the noble Earl, Lord Lytton, understand, that there needs to be some clarity over which measures apply where, and whether the Government really want to sanction wholesale renegotiations of the nature that the noble Earl, Lord Lytton, has set out. I think that is a law of unintended consequence, and it will slow down the implementation of what we want to be implemented rather than allow it to happen more quickly.

Product Security and Telecommunications Infrastructure Bill

Lord Bassam of Brighton Excerpts

Lords Hansard - Part 1 & Committee stage
Tuesday 21st June 2022 Lords Chamber

Moved by

[Lord Bassam of Brighton]

2: Clause 1, page 1, line 7, leave out “may” and insert “must”
Member’s explanatory statement
This amendment strengthens the duty on the Secretary of State to publish regulations introducing security requirements.

[Lord Bassam of Brighton (Lab)]

My Lords, I am happy to move Amendment 2 in this group and will speak also to Amendment 4. I am grateful to the noble Lord, Lord Fox, for signing up to our Amendment 2. Part 1, as we have said, represents a step in the right direction on product security. The Bill is, as is increasingly the case with this Administration, a general framework Bill which will have much of the detail filled in later by regulations—a point that the noble Lord, Lord Fox, among others, has persistently made, and we have made from our Benches.

Noble Lords might say that Amendment 2 is a rather crude way of discussing the processes and timescales attached to the regulation-making powers in this part of the Bill but, as was mentioned in the previous group, we need much more information about when these regulations are going to be brought forward. Have some already been drafted? If so, can we see them in advance of Report and certainly before Third Reading? If not, why not? Do any of them need to be consulted on, and if so, what implications will this have on the implementation of new rules and systems? This is, as we have heard before, a time-critical Bill so the regulations are time critical as well and, we argue, need an early airing.

Colleagues in the Commons expressed concern that it has taken too long to get to this stage. We, too, regret that the Government have not worked to introduce some of these measures at greater speed and that more of the detail is not in the legislation, a point which the noble Lord, Lord Fox, eloquently made earlier. Surely it would have been possible to do this, given that the Bill was carried over from the previous Session.

Turning to Amendment 4, it

“seeks to place certain product security minimum standards, including the prohibition of so-called ‘default” passwords, on the face of the Bill.”

We think this is an important amendment. I credit Which? as where it draws its inspiration from. It is right that we have some core security principles in the Bill. We know that the Government have form on overpromising and underdelivering. Surely these important security matters should not be left to the whim of the Secretary of State at an undetermined point in the future. This process provides a perfectly good opportunity for us to enshrine the requirements in primary legislation, whether in the form of Amendment 4 or Amendment 5 or something else. We believe that there is a strong case for action

--- Later in debate ---

[Lord Parkinson of Whitley Bay (Con)]

I do not think that they are quite analogous. As I say, it is about the requirement to keep the last available updates available to consumers for eight years rather than evolving them. We do not yet consider that there is sufficient evidence to justify minimum security update periods for connectable products, including display equipment—certainly not before the impact of the initial security requirements is known.

It is important to stress that, as consumers learn more, they will expect more. This will drive industry to respond to market pressure. If the market does not respond to this effectively, the Government have been clear that they will consider the case for further action at that point, but we think that consumer expectation will drive the action we want to see in this area.

Amendment 3, tabled by the noble Lords, Lord Clement-Jones and Lord Fox, refers to children. All noble Lords will agree, I am sure, that protecting children from the risks associated with connectable products is vital. I assure noble Lords that the security requirements we will introduce are designed with consideration for the security of all users, including children, alongside businesses and infrastructure. The Bill already gives the Government the flexibility to introduce further measures to protect children, whether they are the users of the products or subject to other people’s use of a product. We therefore do not think that this amendment is necessary as this issue is already covered in the Bill.

The Bill, and forthcoming secondary legislation, will cover products specifically designed to be used by or around children, such as baby monitors and connectable toys; they include Hello Barbie, which I was not familiar with but on which I will certainly brief myself further. However, we recognise that the cyber risks to children are not limited to the connectable products in the scope of this Bill; indeed, a lot of the issues referred to by the noble Lord, Lord Fox, were about the data captured by some of the technology, rather than the security of the products themselves. That is precisely why the Government have implemented a broader strategy to offer more comprehensive protection to children—including through the Online Safety Bill, to which the noble Lord, Lord Bassam, referred.

I hope noble Lords will agree that Amendment 3 is not needed to make a difference to the Bill’s ability to protect children from the risks associated with insecure connectable products—this is already provided for—and will be willing either to withdraw their amendments or not move them.

[Lord Bassam of Brighton (Lab)]

My Lords, this has been a useful and interesting exchange.

In my lordly world, “may” and “must” are sort of interchangeable; they were a useful peg on which to hang our discussion about the statutory instrument nature of this piece of legislation. I am somewhat reassured by what the Minister had to say about that, and acknowledge that some of the regulations were brought forward and consulted on at an earlier stage. However, we on this side of the House—I am sure that I speak for the noble Lord, Lord Fox, as well—want to see increased transparency throughout this process. So much of what is in front of us will be in secondary legislation; it is essential that we, the industry and the sector are properly consulted so that we understand exactly what we are dealing with. I make that plea at the outset.

I was pleased to hear what the Minister said about children as the primary users of particular products. I am glad that we have got beyond the “Peppa Pig” world that the Prime Minister occasionally occupies and are giving this issue proper, serious consideration. It certainly needs to be that way.

I am not entirely convinced by what the Minister said on Amendment 4. I look at our amendment; it is pretty basic, actually. It is hard to argue against setting out a particular prohibition in legislation. The ones that we have picked out for prohibition and restriction are quite important and essential. Of course, the Minister is right that those subjects will change and technology will overtake the words we use. We understand that point but we are trying to secure some basic minimum standards and protections here. Clearly, we will retreat with our amendment and give it some further thought before Report, but we may need some further persuasion on this. That said, I am quite happy to withdraw Amendment 2 and not move Amendment 4.

Amendment 2 withdrawn.

--- Later in debate ---

Moved by

[Lord Bassam of Brighton]

7: Clause 7, page 5, line 24, at end insert—
“(5A) For the purposes of subsection (5), a person who provides an online facility through which a distributor makes a product available in the United Kingdom is also a distributor.”Member’s explanatory statement
This amendment brings online marketplaces which allow relevant products to be listed for sale within scope of the security requirements outlined in the Bill.

[Lord Bassam of Brighton (Lab)]

My Lords, Amendment 7 is also in the name of my noble friend Lady Merron. This amendment, as the notes to the Bill’s amendments set out, brings online marketplaces which allow relevant products to be listed for sale within the scope of the security requirements outlined in the Bill. We wish to express again our gratitude to Which? and others for their work in relation to online marketplaces, including, but not limited to, Amazon and eBay, which facilitate the sale of many of these products.

Research suggests that a significant number of products listed on online marketplaces could have security and privacy risks. This is prior to the introduction of the new rules for producers, importers and distributors, but it does highlight the importance of ensuring that marketplaces are subject to at least some of the new measures. Following Second Reading, the Minister kindly wrote to noble Lords, as he promised he would, and suggested that in many cases these websites will fall under “at least one” of the categories and, even if they do not, earlier parts of the supply chain will be subject to the new duties. On that basis, the Government say they will not explicitly bring marketplaces within scope of these measures but will keep the matter under review. It is disappointing that the Minister decided to rule out this change without even having this Committee debate. I hope the Minister’s response will go into more detail than the letter, and he will outline exactly what this review process will look like. Importantly, if it becomes apparent that obligations need to be imposed on these businesses, can he outline the process for achieving this? Can it be done under existing powers, or would it require an additional, albeit simple, piece of primary legislation?

This may not be a gaping hole in the Bill, but it does feel like a gap that needs to be addressed. We hope the Government will be persuaded of that in the run-up to Report stage. It is important because we do not often get legislation on this subject and we do not often get the opportunity to deal with issues such as this. I say to the Minister that we need considerable reassurance on this point because of that very fact. The Minister may say that it is all going to be down to regulations. That is not really a complete answer but we look forward to hearing his response.

[Lord Fox (LD)]

My Lords, I rise to speak to Amendment 8 in my name and that of my noble friend Lord Clement-Jones. These are two ways of doing the same thing so I support the spirit of Amendment 7, about which we have just heard from the noble Lord, Lord Bassam.

This amendment adds the following wording to Clause 7:

“Any person who is a provider of an internet service that allows or facilitates the making by consumers of distance contracts with traders or other consumers for the sale or supply of a relevant connectable product is to be regarded as a distributor for the purposes of this Act, if not a manufacturer or an importer of the product.”


This amends the language that defines a distributor in the scope of the Bill. Online marketplaces are a mainstream form of today’s retail. Which? research in 2019 found that more than 90% of the UK population had shopped through an online marketplace within the month it was polling. That has increased during the pandemic. However, its research also consistently highlighted how online marketplaces are flooded with insecure products. It has previously demonstrated issues with the lack of legal responsibility of online marketplaces for the security and safety of products sold through their platforms.

The Government have recognised the problem, in their response to the call for evidence on product safety, that current safety rules were designed to fit supply chains as they operated before the world of internet shopping. In the realm of product safety, the Government have acknowledged that this can result in the peculiar situation where no actor is responsible for ensuring product safety. This has resulted in organisations such as Electrical Safety First repeatedly finding unsafe and non-compliant products listed on online marketplaces. Therefore, the traditional conception of actors in the supply chain is now outdated.

The Bill defines “distributor” as

“any person who … makes the product available in the United Kingdom, and … is not a manufacturer or an importer of the product.”

At present, it seems unlikely that certain online marketplaces, including eBay, Amazon Marketplace and Wish.com, will be included within the scope of that definition of distributors in the Bill. This will leave, without overstating it, a sizeable gap in the regulatory scope of this market.

Given the amount of insecure tech readily available on online marketplaces, it is paramount that these platforms are given obligations in the Bill to ensure the safety and security of the products sold on their sites, regardless of whether the seller is a third party. However, the Clause 7(5) definition of “distributor” in terms of making products available on the market is in line with existing product safety law, so we know that certain marketplaces are not classed as distributors and hence not obligated to take action. Amazon Marketplace, Wish.com and eBay are marketplaces where other people are selling; this is the issue.

This amendment seeks to expand the definition of distributors in Clause 7 to include appropriate online retailers, such as listings platforms and auction sites, including eBay, Amazon Marketplace and AliExpress. I feel sure that the Minister did not intend for the legislation to miss these marketplaces out; rather than risk this loophole going any further, we will work with the Minister and Her Majesty’s loyal Opposition to come up with some wording that absolutely iron-clads the Bill to ensure that these sorts of marketplaces are also included.

--- Later in debate ---

[Lord Parkinson of Whitley Bay (Con)]

I am happy to include my noble friend in the replies and the letter I send. This touches on work which falls under the Department for Business, Energy and Industrial Strategy, and the points he raised, of course, fall to Her Majesty’s Revenue and Customs. We will make sure that, having consulted officials there, we provide some details of the work those departments are doing as well.

[Lord Bassam of Brighton (Lab)]

My Lords, I am looking forward to the correspondence on this; I fancy that the noble Lord’s civil servants will have a tricky job on their hands. I do not think I quite got a response to what the nature of “being kept under review” really meant, but I await word in the future.

I have been reading the Explanatory Notes, as the Minister will probably be unhappy to hear, and I can see the difficulties. In trying to ensure that the legislation is focused, rightly, on the producers, manufacturers, importers and distributors, it is hard to work round that and not capture people who are simply installers of a product. On the other hand, there are circumstances where installers are primarily responsible for the effectiveness and working of the product, and if it was not for the way they install it, it would not be effective. The terms of the contract are such that it makes that difficult.

I can see the difficulty here, but for now I am happy to withdraw our amendment. In doing so, we are equally supportive of the amendment in the name of the noble Lord, Lord Fox, because the two are contiguous in their formulation.

Amendment 7 withdrawn.

Product Security and Telecommunications Infrastructure Bill

Lord Bassam of Brighton Excerpts

2nd reading
Monday 6th June 2022 Lords Chamber

[Lord Bassam of Brighton (Lab)]

My Lords, I feel that I am trespassing in this debate—on this rather light-hearted blue-on-blue banter over the way there—but I fear that I ought to join in because this is an important and necessary piece of legislation and, like several of the Bills in the Queen’s Speech, it has been much delayed and is long overdue.

For the most part, we on these Benches support the Bill and wish to help it on its way to the statute book. However, we have concerns over its effectiveness and in places we think that it is wrong and in need of amendment. Part 1 of the Bill, as the Minister set out, relates to powers to introduce mandatory security requirements for consumer connectable products such as smartphones, smart televisions and connected speakers. Historically, the UK has relied on European law to help regulate security requirements. We are now in a position where we are likely to follow where the EU leads on product security. What surprises me is that the Government have been so slow to make progress with their own legislation, given how increasingly important cybersecurity has become.

The other obvious and important point is that, given how quickly technology is evolving in this field, we are always likely to be playing a form of catch-up with legislation. I wonder, therefore, whether the eloquent Minister tell us what plans the Government have to future-proof the legislation, apart from relying on bringing forward regulations following on from the Bill. For example, is work being undertaken with tech companies and manufacturers to anticipate changes to products that will change or weaken, in any way, current levels of cybersecurity? Given that the Government consulted in 2019 on introducing mandatory security requirements for connectable products, and given that legislative proposals were consulted on in 2020, do they think that the current list of products is right, and will they be keeping those excluded under review?

We particularly welcome the move to bring forward a ban on default passwords, a requirement for products to have a vulnerability disclosure policy—whereby security weaknesses in a product are identified and notified—and the requirement for transparency about the period for which a manufacturer will provide security updates for the product. However, I wonder what guarantees consumers will have that these policies will be adequately policed and that enforcement will be effective. Will additional resource be committed, and how quickly will this regime be introduced? Surely the failure of the 2017 code suggests that action is needed now if product security is to be taken seriously.

Part 2 of the Bill covers the rollout of sites to extend and improve the digital network—something that we are all signed up to—and to ensure that it is capable of delivering digital connectivity to a level and standard which a modern economy demands. The Government’s approach so far raises questions about their judgment on the balance of power between landlords providing sites for installations and the network providers. Clearly, something is not right when companies can almost unilaterally determine the level of rent that they are prepared to pay for sites, regardless of earlier agreements. We are not convinced that the arrangements set out in the Bill get the balance right. Landlord-tenant relationships are complex matters, subject to laws that are often open to wide interpretation. What appears to be missing here is a process for dispute resolution that takes into account the original agreements and accurately reflects the value of the site to the network providers. We will no doubt, with others, seek to probe this during the course of the Bill, ensuring that principles of fairness and equity are properly written into the legislation and, in particular, that the many charitable and sporting organisations that benefit from rental income are not disadvantaged.

This is legislation worthy of support from these Benches and, like others who have been involved in the debate this afternoon, we look forward to bringing forward practical changes and improvements to the Bill which will ensure that, when it is on the statute book, this legislation is effective and assists in rolling out our digital connectivity in a way which will greatly benefit our society. We are happy to engage in that process.

Champions League Final

Lord Bassam of Brighton Excerpts

Monday 6th June 2022 Lords Chamber

[Lord Bassam of Brighton (Lab)]

My Lords, spectator bottlenecks, closed turnstiles, riot police using tear gas on patient fans and thuggish attacks by local gangs indicate that something went seriously wrong in the planning of the Champions League Final and the police operational plan, yet the authorities immediately accused Liverpool Football Club fans.

I have three questions for the Minister. First, what liaison took place between UK and French police before the match, and were co-operation protocols properly followed? Secondly, although I welcome that assurances have been given on the genuine independence of UEFA’s inquiry or investigation, its terms of reference and likely punishments will be key to its work. The appointment of the inquiry chair and the terms of reference will determine the effectiveness of its outcome. Thirdly, what steps will be taken by the Government to help restore the reputation of Liverpool Football Club and of its fans? Many fans caught up in these events were at Hillsborough, where an early blame game saw lies established as fact. I hope that, on this occasion, the truth will quickly out.

[Lord Parkinson of Whitley Bay (Con)]

I certainly agree with the noble Lord’s final comments: we want to see the truth out and to do so quickly. We want the facts to be established, which is why the Secretary of State and the Sports Minister urged that this independent investigation be swiftly set up and are glad that it has been. We are confident that UEFA is committed to a thorough review.

I will write to the noble Lord on the question of police liaison beforehand, having checked, but I saw that UK police officers were present there, which suggests liaison beforehand, and we will of course want their insights and evidence, as well as that of fans and others, to feed into UEFA’s review. He is absolutely right to mention the Hillsborough tragedy in this regard. Liverpool fans, above all, know all too well the importance of proper security and policing at football matches. That is important for fans across the world, whatever team they support. Something clearly went wrong on 28 May, and we are very glad that UEFA is investigating it so that the facts can be established.