Data (Use and Access) Bill [HL]

Lord Cashman Excerpts

Consideration of Commons amendments and / or reasons
Wednesday 4th June 2025 Lords Chamber

[Lord Berkeley of Knighton (CB)]

My Lords, the noble Lord, Lord Knight, misses one or two points. My noble friend Lady Kidron has made it clear that this is her last stand, so nobody is suggesting that noble Lords are going to try to defeat this Bill. Indeed, I do not think any of us would want to do that.

The Government have said that there is no change to copyright law—I think that is correct—and that copyright law will be upheld. So far, so good. But if we cannot see how copyright is being transgressed, how can we enforce the law? How can we take people to court to get back our royalties? I should mention my interests as listed in the register. In order, it would seem, to appease the American big tech companies and quite possibly President Trump himself, what we have actually done is locked the front door of our creative mansion but left the back door wide open. That is why, in a nutshell, the creative industries are up in arms. It is why I will support the noble Baroness, should she decide it wise to seek the opinion of the House, and I will support her on behalf of all those writers, artists and musicians who stand to lose out through this lack of transparency.

I know many composers, writers, painters and film-makers who earn a pittance from copyright—£2, £3, £50, £100. But however small it is, it is an acknowledgement that they created something, and that that intellectual property belongs to them and should be rewarded.

[Lord Cashman (Non-Afl)]

My Lords, I am an unaffiliated Member of this House, even though I sit on Labour’s Benches—some may say an “unbalanced” Member of this House. I refer to my registered interests. I, like the noble Baroness, Lady Kidron, am saddened that we have reached this point. The Bill will not be destroyed should she divide the House this afternoon and should noble Lords vote in favour of her amendment. That is purely within the power of the Commons.

The noble Baroness, Lady Benjamin, referred to friends in the industry, and we have many. I say to the Government: are the creative industries, unions, associations, writers, directors and painters all wrong and the Government are right? If so, what do the Government have to fear from an approach that is absolutely transparent and allows us, the creators, to hold those who use our work accountable?

I believe the noble Baroness, Lady Kidron, has said everything that needs to be said at this juncture. Valiantly, she has marched us to the top of the hill. It is the moral high ground, and it is not a hill I am going to march down from.

I had the Whip suspended from me by the Labour Party nearly a year ago, and on a point of principle, I subsequently resigned. I believe, like everybody else here, we are here to pursue the principles we believe in—yes, the democratic principles—high amongst which is holding accountable the Members of the other place and the Government.

[The Earl of Dundee (Con)]

My Lords, I join with others in supporting the noble Baroness in exercising her right to insist upon Amendment 49F. Three months after the Government’s own report, this allows Parliament to be informed of the scale of the theft and the loss of revenue to United Kingdom companies, as it also enables a draft Bill on copyright infringement, AI models and transparency of input.

Your Lordships may consider that these measures are relevant for three reasons. First, they offer a degree of competence and protection, otherwise so far insufficiently provided, to and for the creative industries in the United Kingdom.

Secondly, they give an example internationally, including within the 46 states affiliated to the Council of Europe, of which the United Kingdom remains a highly regarded member and of whose education committee I am a recent chairman.

Thirdly, both within and beyond Europe, and starting with the 1710 Statute of Anne, granting legal protection to publishers of books, they continue to set a copyright protection standard, which in this case is expected of the United Kingdom and is also consistent with Article 11 of the 2024 Council of Europe Framework Convention on Artificial Intelligence, human rights, democracy and the rule of law, safeguarding privacy and personal data.