Data Protection and Digital Information Bill

Lord Kirkhope of Harrogate Excerpts

Committee stage
Monday 22nd April 2024 Grand Committee

On this matter in particular, I am more than happy to receive the Minister’s response in the Room, by telephone call or by text, but not by fax. I beg to move.

[Lord Kirkhope of Harrogate (Con)]

My Lords, I support Amendment 208A. I declare my interest as a solicitor but not one who has been directly involved with personal injury claims. This is an area of particular specialism that requires particular expertise and experience for it to be carried out to the best advantages of those who seek that help.

Looking back, I am concerned that this matter has been raised, in different fora, on a number of occasions. For instance, in 2016, the Telephone Preference Scheme opt-out was discussed when it was removed from the control of Ofcom to that of the ICO. At that point, there was a great opportunity for this matter to be dealt with. Indeed, a number of organisations, including personal injury lawyers, the Motor Accident Solicitors Society and others, said that it was vital to carry this out and that cold calling should be ended because of the pressures it placed on an awful lot of very vulnerable people.

Since 2016, things have got worse in one respect—although, perhaps, they are a little less bad in respect of telephone calling. It is a little while now since I was last told that I had just had a major accident in my car as I was sitting enjoying a glass of wine and not having such worries in my mind. Telephone cold calling seems to have diminished but pressures through social media contact, various scams and so on have increased dramatically. I have been told this by a number of my legal colleagues.

In 2023, the Government produced the UK’s Fraud Strategy. As I am sure noble Lords will know, when it was published, it specifically pursued the question of extending the ban on cold calling to personal injury cases; that was very important and included all servers. So, unless there is some relationship already in place—something where that is a defence, as it were, here—and a voluntary willingness on the part of those who suffer from personal injuries to be contacted by an organisation with which they already have a relationship, this is something that we should pursue very strongly indeed.

Although it is correct that the legal profession, and perhaps other professions, are banned from this procedure, on a regulatory or disciplinary basis, some of my colleagues in the profession are, in some cases, susceptible to financial and commercial challenges through these organisations, such that they would become—sometimes, almost inadvertently—part of the process. Therefore, I hope that, in passing such an amendment, we would give a clear sign to the Solicitors Regulation Authority and the Law Society that it underlines yet again that these practices are not acceptable to those members of the profession.

[Lord Clement-Jones (LD)]

My Lords, I support Amendment 208A. I am a recovering solicitor. Many moons ago, I gave public affairs advice to the Association of Personal Injury Lawyers, which is a fine organisation. I very much support its call and this amendment on that basis. I congratulate the noble Lord, Lord Leong, on his introduction to this amendment; he and the noble Lord, Lord Kirkhope, made a terrific case.

APIL took the trouble to commission research from YouGov, which showed that 38% of UK adults had received a cold call or text while 86% had a strong emotional response and were left feeling annoyed, angry, anxious, disgusted or upset. Therefore, the YouGov research reveals that almost all those who received a call supported a total ban on personal injury cold calls and text messages.

There is little for me to add but I am sorry that the noble Baroness, Lady Buscombe, is not with us—she has just exited the Room, which is unhappy timing because, in looking back at some of the discussions we have had in the House, I was about to quote her. During Report stage in the Lords on the Financial Guidance and Claims Bill, when she was a Minister, she told us:

“We know that cold calls continue and understand that more needs to be done truly to eradicate this problem. We have already committed to ban cold calls relating to pensions, and are minded to bring forward similar action in relation to the claims management industry. I have asked officials to consider the evidence for implementing a cold-calling ban in relation to claims management activities, and I am pleased to say that the Government are working through the detail of a ban on cold calling by claims management companies. There are complex issues to work through, including those relating, for example, to EU directives”;


of course, we do not have those any more. She went on to say:

“We would therefore like time to consider this important issue properly, and propose bringing forward a government amendment in the other place to meet the concerns of this House”.—[Official Report, 24/10/17; col. 861.]


How much time do the Government need? Talk about unfinished business. I know it is slightly unfair as you can unearth almost anything in Hansard but the fact is that this is bull’s eye. It is absolutely spot on on the part of APIL to have found this. I thought for one delirious minute that the noble Baroness, Lady Buscombe, was going to stand up and say, “Yes, I plead guilty. We never pursued this”.

Pension Scams

Lord Kirkhope of Harrogate Excerpts

Wednesday 14th October 2020 Lords Chamber

[Baroness Stedman-Scott (Con)]

I apologise to the noble Baroness; I had trouble hearing her question. Perhaps I may read Hansard and write to her directly with a reply.

[Lord Kirkhope of Harrogate (Con) [V]]

My Lords, I refer to my entry in the Members’ register. Having heard my noble friend’s answer a moment ago to the noble Baroness, Lady Drake, I would nevertheless like to pursue the matter of the responsibilities of trustees and pension administrators. We are very sympathetic to beneficiaries who are subject to scams, but would it not be a good idea to oblige beneficiaries who wish to transfer pension pots to be in interpersonal contact with their administrators before that is permitted? Much of the paperwork at the moment is part of the scam itself, and trustees and administrators need some further protection from their liabilities.

[Baroness Stedman-Scott (Con)]

I take my noble friend’s point. The contribution that he has made just heightens the need for us to have more dialogue on this with the Minister for Pensions. However, as I have already said, the Government are taking further legislative action through the Pension Schemes Bill to enable regulations to be made prescribing conditions that, if not met, will limit an individual’s statutory right to transfer.

Pension Schemes Bill [HL]

Lord Kirkhope of Harrogate Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 26th February 2020 Grand Committee

Debate on whether Clause 110 should stand part of the Bill.

[Lord Kirkhope of Harrogate (Con)]

Compared with the very interesting debate we have just had on these important amendments, what I have to say regarding the stand-part element of Clause 110 is probably rather insignificant in many minds. On Second Reading, I raised with the Minister the question of the nature of the regulator’s responsibilities, particularly in relation to the process of interview. I am concerned about Clause 110(4), where there is a situation concerning an individual summoned for interview by the regulator failing to answer a question or to provide an explanation that satisfied the regulator. That comes in new Section 72A of the Pensions Act 2004.

I am concerned because, as far as I am aware, an explanation is defined as a statement or account that makes something clear, but there is a massive amount of subjectivity and responsibility on the regulator’s shoulders in concluding whether that explanation is satisfactory. With the sanctions in place—ultimately a criminal sanction, but also civil sanctions—it seems a very serious area and one in which the basic right of individuals not to self-incriminate, for instance, or even providing some information can result in a more serious effect than anticipated.

I want to defend the regulator here because some remarks have been made during the debate on these amendments suggesting that the regulator needs thoroughly investigating. We are putting upon the regulator a whole lot of new responsibilities, partly in the area I am talking about—decision-making on subjective matters—but also in the overall workload, which I am concerned about.

I was just looking at the impact assessment of the Pension Schemes Bill 2020. In relation to the matters I am talking about, it suggests, for instance, that the impact on the government side of this—the changes that might be made to the requirements for the regulator or the regulator’s ability to pursue these matters—is “broadly cost neutral”. I suggest that this is not a fair appraisal because the extra responsibility placed on the regulator, and the way in which that becomes controversial from time to time, is bound to be costly. It will cost money, and the regulator therefore needs to be resourced adequately to be able to deal with that and other responsibilities we are placing on it.

Similarly, the extra obligations on those who are being interviewed or are required to comply with these things are not inconsiderable. There will be costs for those businesses that are already having to find considerable resources to deal with matters where the regulator has the powers to intervene. Therefore—perhaps my noble friend would consider this—I suggest that it would be very useful if, when this legislation is passed, the regulator is taken fully into account in terms of the resource. Just as importantly, it would be very useful if the regulator had thorough and better guidance compared to the present guidance about how to handle these circumstances and how these subjective requirements should be dealt with. That is enormously important. It is not part of the legislation as such but I think that the regulator is entitled not to be so liable for its judgments. Also, more guidance should be available to it so that it does not find itself in an unfair and unreasonable position in making these powers work.

That is all that I want to say to my noble friend at this point. I did so at Second Reading and have spoken to her subsequently. Although this issue is not as important as some of the amendments, it is significant in terms of the obligations on the regulator and on those who fall under these regulations.

[Baroness Stedman-Scott]

I thank my noble friend for that contribution, which is equally as important as the amendments. The regulator will update its current compliance enforcement policy in due course and that will include how it conducts interviews under this clause. We will discuss the impact assessment at a later stage, and I suggest that we address the specific issues that my noble friend has raised at that point. I hope that he is happy to proceed on that basis.

Pension Schemes Bill [HL]

Lord Kirkhope of Harrogate Excerpts

2nd reading & 2nd reading (Hansard): House of Lords & 2nd reading (Hansard)
Tuesday 28th January 2020 Lords Chamber

[Lord Kirkhope of Harrogate (Con)]

My Lords, I want to make just a short contribution to this debate, looking mostly at the provisions and powers relating to the functions of the Pensions Regulator. I declare my interest in doing so as a pension trustee for a UK company scheme.

I support the proposals generally and the emphasis on the need for faster responses to deal particularly with reckless or irresponsible behaviour by employers and, as my noble friend the Minister said in her introduction, certainly to look at “serious wrongdoing” and tackle it. I agree with her on that. We have all seen examples of bad behaviour which have resulted in pension schemes being put at serious risk by deliberate acts or omissions.

In the 2018 consultation paper Protecting Defined Benefit Pension Schemes–A Stronger Pensions Regulator, the Government invited responses to proposals to widen the scope of “notifiable events” to include more corporate transactions and board decisions. The responses were very mixed, partially in the area of possible penalties for failure to comply. As my noble friend Lady Noakes mentioned in her remarks, criminality was, rightly, to be in areas of wilful and reckless behaviour where a mental intent was involved, as is the case in other areas of criminal law. As a lawyer, I worry slightly about giving a regulator—indeed, any institution outside the direct courts—rights in relation to the imposition of criminal penalties. Mere failure to comply with notifiable events was suggested to be subject only to civil penalties. Clause 107 therefore produces a quandary for me. Bad employers should always be criminalised in appropriate circumstances, but applying criminal sanctions to anyone associated with a scheme, including especially trustees, for some areas where simple judgment has been exercised by them could result in some quite minor actions and even normal business activity becoming a criminal matter. The Government should look carefully at this to avoid injustice. That is not to say that there have been many demonstrable situations which need much tougher penalties attached to them. I fully support remarks made earlier by noble Lords on that theme.

I am also concerned at Clause 110(4), where the criminal offence is extended to cover a situation where an individual summoned for interview by the regulator fails to answer a question or provide an acceptable explanation on any matter specified in a notice under new Section 72A(1) of the Pensions Act 2004. I am concerned because an “explanation” is defined as a statement or account that makes something clear. This is of course a highly subjective matter and provides the regulator with a criminal sanction that cuts across the basic rights of individuals, including, so far as the country generally is concerned, the right to avoid self-incrimination.

I fully support the need to tackle serious “offenders”, but the powers of the regulator must be seen as equitable and enforceable. It is not the duty of the regulator, I would submit, to run businesses or make major corporate decisions. Indeed, my remarks are partly to protect the regulator, because it should not be put in a compromising position and provided with powers where it is required to make decisions which are strictly beyond its proper remit or abilities. That is an unfair burden on our regulator.

My final point relates to the relationship between trustees and employers. That relationship needs to be close, as we all know, especially in regard to the funding plans in a scheme and the investment strategy. In the end, it is important not to require employer agreement to long-term investment plans. Under Section 35(5) of the Pensions Act 1995, the employer’s consent is not required, so, to avoid confusion, paragraph 6 of Schedule 10 to the Bill must make it clear that the trustees at the end of the day may make investments without the employer’s consent if they regard that as necessary. That is not to say that good practice does not always suggest full consultation—I think anyone running a scheme worth looking at is conscious of the need for that consideration and consultation.

A close and positive relationship between employer, trustees and the regulator is absolutely necessary for the success and viability of any pension scheme. To flourish, however, the provisions in place, including those set out in this Bill, must be workable, understandable, flexible and pragmatic.

Universal Credit: Managed Migration

Lord Kirkhope of Harrogate Excerpts

Tuesday 23rd July 2019 Lords Chamber

[Lord Kirkhope of Harrogate (Con)]

My Lords, perhaps I may comment, as the Baron of Harrogate and a resident of Harrogate, that I will be watching the pilot with great interest. I hope that the positive outcomes my noble friend is anticipating will be delivered for the people of Harrogate.

[Baroness Buscombe]

I thank my noble friend for his question. As he will know, Harrogate has a strong mix of benefit claimants that will reflect case loads across the country as we start to scale. We looked at this issue carefully and took some time to choose somewhere that would have a strong mix of people who can work with ease with us and others who have differing complex needs. We wanted to be sure that we could reflect case loads across the country as we start to scale. There are many cases with complex needs which we will be seeking to learn from. Harrogate also has a case load with a mixture of urban and rural claimants, which makes a difference in terms of people’s approach. This will further aid our learning and is supported by a local service centre under the same management as the jobcentre. So I hope my noble friend will stay in touch with developments in Harrogate. We are very keen to start work tomorrow if all goes well.

Poverty and Human Rights: UN Report

Lord Kirkhope of Harrogate Excerpts

Tuesday 25th June 2019 Lords Chamber

[Baroness Buscombe]

My Lords, I am not dismissive of the report overall but I am dismissive of the UN rapporteur’s approach, which was very unhelpful. We are doing an awful lot to support children in schools, with breakfast clubs and so on. We are also spending a lot more on family benefits to make sure that children are properly fed. However, we can always do more and we take poverty seriously.

[Lord Kirkhope of Harrogate (Con)]

My Lords, does my noble friend agree that it is important for us to recognise that many good reports come from the United Nations on all manner of areas for which it is responsible, and that it is therefore rather unfortunate that this report was not objective in the normal way that we would expect of the United Nations? Does she agree that this should be drawn to the attention of the UN through our usual channels there?

[Baroness Buscombe]

My Lords, I am extremely grateful to my noble friend for what he says. I have just been at the United Nations in New York, representing Her Majesty’s Government at a disability conference. Time and again, Ministers and commissioners—everyone involved with the UN—said that they do not recognise this report. Much that the United Nations does is brilliant but I am grateful to my noble friend for suggesting that sometimes, as in this case, its reports are not as objective as they should be.