Data (Use and Access) Bill [HL]

Lord Butler of Brockwell Excerpts

3rd reading
Wednesday 5th February 2025 Lords Chamber

[Lord Sandhurst (Con)]

My Lords, I can be very short; there are three points. First, it must be right to include solicitation; it is integral to the success of this Bill, and it is necessary to do so. Secondly, to omit “reasonable excuse” is obviously right. It would be incompatible with the Bill to include it. Thirdly, it must be right to have imprisonment as a sentencing option in appropriate cases. What about someone who has done it before, particularly in respect of the same victim?

[Lord Butler of Brockwell (CB)]

My Lords, I want to say just one thing. In light of what has been said, I urge the Government to accept these amendments. They will do themselves no credit by resisting them, and I am certain the amendments will be passed.

[Lord Clement-Jones (LD)]

My Lords, I think we have an open-and-shut case. I start by congratulating the noble Baroness, Lady Owen, who has recruited a formidable group of Members of this House in support of her amendments. I cannot understand why the Government are allowing what could have been a very civilised agreement to founder on these three rocks. That seems to me to be quite extraordinary, particularly when we have heard that forensic tearing apart of the Government’s case by the noble Lord, Lord Pannick. One of the great campaigning skills of the noble Baroness, Lady Owen, has been to recruit him to deliver an absolutely brilliant destruction of the Government’s case. The “reasonable excuse” and solicitation aspects are both coach and horses. We do not want the Bill to leave this House without the noble Baroness’s amendments; otherwise, a coach and horses will be driven through those provisions.

As for the imprisonment aspect, that is probably the most important of the three for many of us. All the other comparable offences—false communications; threatening communications; encouraging or assisting serious self-harm; cyber flashing; revenge porn; epilepsy trolling; harassment and stalking—are imprisonable to a greater or lesser degree, so we really ask the Government to rethink their position before going to a vote. We will support the noble Baroness, Lady Owen, if she pushes this to a vote, which I very much hope she will if the Government do not concede. She used the phrases “digital violence” and “extreme misogyny”. Digital violence leads to and constitutes extreme misogyny, and that is why we are so passionate about this offence and getting it right.