BBC and Public Service Broadcasting

Lord McNally Excerpts

Thursday 5th March 2020 Lords Chamber

[Lord McNally (LD)]

My Lords, I thank the Labour Party for using one of its slots for this debate and the noble Lord, Lord Young, for the very constructive way in which he opened it. I am reminded of a phrase that has gone down the ages: “We are the masters now.” The noble Lord, Lord Hennessey, will be able to tell us whether Hartley Shawcross actually said that, but there has always been a kind of opprobrium of a new Government that comes in with a sense of triumphalism and score-settling. I must say, the way that this Government have launched themselves on to the BBC is very worrying indeed. It is worth remembering that the BBC is protected by the royal charter from the day-to-day vindictiveness and intimidation of a Government.

Looking for support in the battle ahead, I am reminded from past debates that the Conservatives have a proud record on public service broadcasting. A Conservative Government established the BBC as a public body, protected and underpinned by the royal charter. A Conservative Government introduced commercial television on a regional basis, giving it regional strengths, which ITV retains today—I still think of myself as coming from “Granada-land”—and the late Lord Whitelaw was the political inspiration behind Channel 4, with its reputation for risk and non-conformity. This record should not be cast aside lightly in abeyance to those who see the BBC as the mortal enemy. The licence fee is probably the least bad way of financing the BBC and should be protected from populist ways to weaken it. It should not be used as a bran tub from which Governments can pluck popular goodies at will.

What is now under way is a fight to preserve the unique benefits of a public service ecology, which was preserved and promoted by the noble Lord, Lord Young. It is a debate that should be conducted sensibly and with due confidence from the public that it is national, not political, ends that are being followed. Our debate would also be better informed if those national newspapers running stories hostile to the BBC or to other public service broadcasters were automatically to spell out for their readers the commercial benefits to their proprietors of any particular course of action.

In his remarks, the noble Lord, Lord Young, spelled out the various ways in which the BBC has contributed to our national life for over a century. It has been the source that everybody turns to for the news when there is a crisis. I would like to see the alleged research that shows that people look to Sky or to CNN, good as they are. When the going gets tough, the tough turns to the BBC. Those values that the BBC has embodied for almost a century have been supported by Governments of all parties. As the noble Lord, Lord Young, warned us so well, once lost, those values brought by the BBC to our national life will never be recovered. If we lose them, Fox News, here we come.

Online Harms Legislation

Lord McNally Excerpts

Thursday 13th February 2020 Lords Chamber

[Baroness Barran]

I thank the noble Lord for his questions. On what is happening in this area internationally, including in the EU, we are watching and liaising closely with other countries. This is a global issue by its very nature. We do not want that liaison to hold us up—we are keen to make progress as quickly as possible—but we are co-ordinating.

No final decision has been taken on Ofcom, although the former Secretary of State was clear when she said that she was “minded to appoint Ofcom” as the regulator. There is now a programme of work to look at how this would work in practice. We will be able to confirm more on that later in the spring, but there is a clear commitment to make sure that the resources are available to make this work well.

[Lord McNally (LD)]

My Lords, I understand that when my noble friend Lord Clement-Jones raised this matter during Questions, there was harrumphing from the Neanderthals on the Minister’s Back Benches about such impudence. It is worth reminding ourselves that this is not a gentlemen’s club; it is a House of Parliament where government is held to account. I therefore welcome the Government’s quick response in supplying this Statement.

I welcome the responsibilities being given to Ofcom. What worries me is that in three or six months’ time, the Minister will be at the Dispatch Box saying, “Unfortunately, Ofcom has not been able to do the preparatory work needed”, because it has neither the funds nor the mandate under present legislation. That is why I urge her again to consider adopting my paving Bill, which was drafted in co-operation with the Carnegie Trust and which any Government might have brought forward anyway. It gives a chance for action this day on the preparations needed, which Ofcom could get on with.

There is also the matter of the Minister referring this morning to a Cabinet Office committee looking at some of the issues covered by the committee of the noble Lord, Lord Puttnam, concerning damages to democracy. Who does that committee report to? Is a Minister responsible for its work? When we will have a report on its work?

Also, there was pressure in the Commons this morning for pre-legislative scrutiny. That would waste time but I urge the Minister to consider giving both the DCMS Committee and the Communications Committee in this House the job of taking the first look at Ofcom’s work.

Finally, I want to put on record that last night, the Minister, Matt Warman—it is no use the Whip glaring at me, I have not taken as long as the noble Lord, Lord Griffiths. I will not be bullied by the Whip; she should go out if she does not want to listen to me. Last night, Matt Warman spoke at a round table and was brilliant. I hope that praise from my quarter does not damage his future political career. Perhaps I can avoid that by putting on record that I think Dominic Cummings is doing a wonderful job.

[Baroness Barran]

I thank the noble Lord for his kind comments about my honourable friend. As he knows, we share many of the same objectives. I know that officials in the department have found liaising with the noble Lord very helpful; I hope that work can continue.

On the Cabinet Office committee, the Government set up the Defending Democracy programme to pull together existing work and expertise from a number of departments. It is led by the Cabinet Office. I will write to the noble Lord with more detail on that.

Huawei: UK’s 5G Network

Lord McNally Excerpts

Monday 27th January 2020 Lords Chamber

[Baroness Morgan of Cotes]

I thank the noble Lord very much for his measured response on this issue. Obviously I cannot assure him that everything he hopes for tomorrow will be answered, but I certainly expect to come back to this place with an update for this House, and my colleagues will do that in the other place as well. I join the noble Lord in saying that I think a decision on this matter, should a decision be taken tomorrow—I am sure that noble Lords who have been in government or worked with government will understand that I do not want to get ahead of myself in saying that the decision will be taken—will be welcomed.

The noble Lord is right to say, and I think Members of this House will agree, that improving connectivity across the UK is very important for all residents. He is right to say that the rollout of 5G is already taking place and that those involved in that rollout obviously need guidance and a government view on who to involve in it. While I made it very clear in the Answer that this is not just about one company, Huawei is of course already involved in the 4G rollout. I am hesitant to say as a new Member of this House “Watch this space”, but I am afraid that that is probably going to be the basis of my answers today.

[Lord McNally (LD)]

My Lords, this is an extraordinary Statement, not least the part that states:

“The National Security Council will meet tomorrow to discuss these issues.”


Then why make a Statement today?

Is the Minister aware that we, like everyone in this House, always put national security at the top of our agenda? However, to claim that despite the inevitable focus on Huawei this review is not about one company or even one country becomes a little difficult to swallow, given all the air traffic around about the activities of the US Government to influence our Government’s decision. I therefore want to make sure that the Government are sticking by the advice they are getting from their security services and their own best-informed sources? We must recognise that we have to decide whether this is a decision about “America First” or about our own best interests. This is supposed to be the golden age of co-operation between the UK and China across a wide range of issues. We have to be able to make security decisions in our way and in our national interest while protecting those wider interests.

[Baroness Morgan of Cotes]

I thank the noble Lord. In the interests of time, I will say briefly that I am having to give this Answer today because an Urgent Question was asked in the other place so quite rightly we are answering that in both Houses. I agree with him that it is quite correct that it is the UK Government who are taking this decision. There are a number of factors in making such a decision. We will rely on the best expert advice from our services that we have, but we will make the decision as a Government in the interests of this country.

Digital Inclusion

Lord McNally Excerpts

Thursday 23rd January 2020 Lords Chamber

[Baroness Morgan of Cotes]

One of the briefs I received in preparing for these questions said that answers should be short, so the noble Lord can be assured that my answer will not be 25 minutes long—it may be 25 words long. He is absolutely right to say that digital inclusion matters particularly for those accessing government benefits and services, as I know from my service in the Commons and from supporting constituents in accessing universal credit. I mentioned access through libraries, but there is also access through job centres, and citizens advice bureaux provide a service to support people who have never been online. Colleagues in the Department for Work and Pensions take this very seriously, because there is obviously no point in providing support for people if they find they cannot access it or update their records.

[Lord McNally (LD)]

My Lords, I too welcome the Secretary of State, who has now made more comebacks than Frank Sinatra. I hope she will be there long enough to follow the parallel to the ICO code, which was the work of this House and of the noble Baroness, Lady Kidron, in particular. Will she support my paving Bill for a duty of care on online harms, which will allow Ofcom to get ahead with preparation for such legislation?

[Baroness Morgan of Cotes]

I thank the noble Lord. He will be pleased to know that since my singing voice is nothing like Frank Sinatra’s, I will not inflict it on your Lordships’ House. I was very interested to read about his Bill. As he will know, the Government have done a significant amount of work on the online harms space, and I hope we will be able to work together. The Government intend to develop legislation, so while I might not support his Bill, I think we can absolutely make common cause on this very important issue.

Local Authorities: Tourism

Lord McNally Excerpts

Monday 28th October 2019 Lords Chamber

[Baroness Barran]

The noble Lord has more experience than I have of standing up to the Treasury. The DCMS absolutely believes in tourism: that is why we were so committed to working for a sector deal, which has been universally welcomed by all parts of the industry and gives us exciting opportunities to develop it, particularly outside London.

[Lord McNally (LD)]

My Lords, your Lordships’ Select Committee that looked at seaside towns identified the concentration of social and other problems in former hotels which had become houses in multiple occupation and were often exploited by landlords. Is there not a very strong case for giving local authorities in these areas bespoke powers to deal with abuses of this kind?

[Baroness Barran]

I fear that I may have to consult my colleague in the Ministry for Housing, Communities and Local Government about houses in multiple occupation. Perhaps I may write to the noble Lord.

Online Pornography: Age Verification

Lord McNally Excerpts

Thursday 17th October 2019 Lords Chamber

[Baroness Barran]

I am glad that the noble Lord supports the duty of care approach, as set out in the online harms White Paper. I think all sides of the House can agree that a voluntary approach has not worked to date. In terms of the administrative oversight, that is still the reason for the original delay.

[Lord McNally (LD)]

My Lords, there is an old way of testing a Statement—look at who is smiling and who is not. Is the Minister aware that this Statement will bring profound disappointment to many, including many in this House, who worked long and hard to get a system that would work, and work now, into the Bill? We were promised this for next month. Her colleague who answered my question on 30 September said:

“Policymakers around the world are watching the code’s progress and waiting to follow our lead”.—[Official Report, 30/09/19; col. 1556.]


Our lead is to now postpone this protective measure for at least three years. The Government should be ashamed of themselves.

[Baroness Barran]

I do not think that anyone is smiling about this. I hope the noble Lord will accept that. Dealing with online pornography is not a smiling matter. Clearly, both the Secretary of State and the Minister in the other place reflected long and hard before making this decision. They genuinely believe that by applying a more comprehensive approach we can end up with a better result for our children and grandchildren.

Gambling: Children in Africa

Lord McNally Excerpts

Wednesday 17th July 2019 Lords Chamber

[Lord Ashton of Hyde]

I was suggesting that that would be a change to the existing arrangements and that I do not think it right to suggest a change in the criminal law from the Dispatch Box without considering it fully.

[Lord McNally (LD)]

My Lords, an earlier Minister referred to corporate social responsibility. Clubs such as Everton and Tottenham Hotspur have corporate social responsibility not only in this country but abroad; they should not be allowing their players to endorse gambling in Kenya and other foreign countries in ways that would not be allowed in this country.

[Lord Ashton of Hyde]

I do not completely agree with the noble Lord. I agree that they have social responsibility and must protect not only their own good name but that of football, which is an asset to this country. But corporate bodies have to obey the laws of the countries in which they perform. That is their legal duty and what the Gambling Commission will take into consideration.

Social Media

Lord McNally Excerpts

Thursday 11th July 2019 Lords Chamber

[Lord McNally (LD)]

My Lords, I have never tweeted—it is far too dangerous—but I know what the noble Baroness is talking about. My declaration is that I am a resident of St Albans. I am not an Anglican, but I and all the citizens of St Albans enjoy the benefits of our wonderful abbey, and the ecumenical approach of Bishop Alan and our dean, Jeffrey John, to making that abbey available to all faiths and none with a wonderful programme of outreach.

I very much welcomed the launch of these social media community guidelines by the Church of England, and the digital charter. If I may tread on the right reverend Prelate’s territory, reading it, I did not think it was original. It could be summed up as telling us that when using social media, “Do unto others as you would have them do unto you”. I was talking to a fellow Peer involved in this, who was rather depressed that such good intentions were all too late. The trolls, the bullies, the paedophiles, the groomers, the fantasists, the conspiracy peddlers and the political extremists of all shades have already polluted the waters and debased the standards of what was originally a magnificent, free good. I agree with the noble Baroness, Lady Chisholm, that there is a need for us to stand up for free speech and the rights of individuals affected by that kind of behaviour.

I do not believe that the internet is beyond regulation or the rule of law. I also agree with the noble Baroness that nor is it a one-way street. I have mentioned how impressed I was when, answering a Question about young people’s mental health, the Minister pointed out that, yes, trolling, abusing and bullying was causing young people great stress, but often it was on the internet that they found the solution or the way forward in their distress, so it not a one-way street. I welcome the Government’s attempts to achieve cross-party agreement on internet regulation: how much should be statutory and how much voluntary, who should be the regulators and what powers should they have?

As the Minister knows, I believe that many of these matters could be dealt with by a pre-legislative scrutiny committee of both Houses, but there are issues that need urgent “this day” action, and could and should be dealt with now, in advance of the main legislation. I hope that the noble Baroness, Lady Kidron, and my noble friend Lady Grender will address these later in the debate. In the meantime, Ofcom, the Information Commissioner’s Office and the Electoral Commission should be charged with doing the groundwork for the regulator that this legislation will create. All three bodies have proved robust but, in the case of the Electoral Commission, underpowered.

Again, I chime with the noble Baroness, Lady Chisholm, in saying that Ofcom should promote digital literacy as a fourth pillar of education, alongside reading, writing and maths. As the line between print and online becomes increasingly blurred, the big internet companies—the FANGs—should see Impress as a possible independent regulator. The GDPR has shown that it is possible to achieve international standards. We should aim for a kind of Geneva convention against internet harm. We must also beware of slippage. The Government have shown good intentions, but we are two weeks away from a new Administration. The FANGs are powerful lobbyists. We will see where their priorities lie if we attempt to bring in regulation that really works.

Let me end with a quote from the noble Lord, Lord Puttnam, on whose committee I served in 2003, before the Communications Bill. We decided not to try regulating the internet as it came upon us, but the noble Lord said in his evidence:

“Our citizens can only be protected from online harm if the political system upon which society rests is itself rigorously safeguarded”.


That is why this call to arms we are involved in makes the Church’s document so timely. I am grateful to the right reverend Prelate for providing the opportunity to discuss these matters today.

Regulating in a Digital World (Communications Committee Report)

Lord McNally Excerpts

Wednesday 12th June 2019 Lords Chamber

[Lord McNally (LD)]

My Lords, the noble Lord, Lord Vaux, need not apologise. This is one of the few assemblies in the world where one would get as deep and thorough an analysis of the subject from one of its Members. I still remember the American Senate talking to Mark Zuckerberg and the chasm of understanding between the legislators and the techie was cruel to behold. So stay with us.

I want to refer to a comment by the noble Lord, Lord Inglewood. He talked about his chairmanship of the Communications Committee. I have never served on that committee or been its chairman, but for nine years I was leader of the Liberal Democrats here in the Lords and in that capacity I was on all the committees that looked at the structures of committees, et cetera. I can say that during that time there were one or two very severe attempts to get rid of the Communications Committee, usually by offering even more interesting things to members. It was something I seriously resisted, because I believe that its ambit covers such an important future agenda that it is important that it continue as a permanent committee of this House. Its importance is underlined by the report before us tonight and I congratulate the noble Lord, Lord Gilbert, both on the way he introduced it and on the way he herded the cats on the committee, as we were told. He had my noble friends Lady Benjamin and Lady Bonham-Carter as members, so I know exactly what he was talking about.

The committee has already had its impact: the Government have acknowledged that their online harms White Paper was influenced by some of the committee’s recommendations. Some 16 years ago I served on the Puttnam committee, the pre-legislative scrutiny committee for what became the Communications Act 2004. That Act created Ofcom, which has developed into a feared and respected regulator with public interest responsibilities. That committee took the conscious decision 16 years ago not to look into the idea of regulating the internet. The world wide web was seen as a free good and a boon to mankind. Ten years later, in addition to that libertarian approach, was the argument that the internet titans, the likes of Facebook, Amazon, Netflix and Google, were now so global and powerful as to be beyond the reach of any national jurisdiction—what I would describe as the Maxton approach.

Now the public mood has changed. As the noble Lord, Lord Gordon, said, that sense of wonder and awe has worn thin. In the United States, in Europe and here in the United Kingdom there is now a feeling that we have got to come to grips with the power of the internet. The chair of this committee, the noble Lord, Lord Gilbert, when launching this report said:

“A comprehensive new approach to regulation is needed to address the diverse range of challenges that the internet presents”.


Tonight, he called for urgent and compelling action. Tim Berners-Lee, the father of the world wide web, has said:

“While the web has created opportunity, given marginalised groups a voice, and made our daily lives easier, it has also created opportunity for scammers, given a voice to those who spread hatred, and made all kinds of crime easier to commit”.


The noble Baroness, Lady Kidron, quoted Mark Zuckerberg and other tech leaders as saying that they would now welcome some regulation, but I give a warning: do not underestimate the power of the lobbyists. The so-called FANGs have immense resources. I saw in the New York Times this week that even the Senate was backing off from too urgent action against them. In some ways, the story of the National Rifle Association should always be kept in mind if you are really challenging vested interests in a big way and, boy, that is what we are proposing to do.

The great debate is now about how and when we regulate. Both the committee report and the Government’s White Paper, along with many contributions to today’s debate, listed the harms and abuses that the internet has spawned—although I acknowledge along with the noble Lord, Lord Maxton, the many benefits that the internet has spawned as well. A few weeks ago the Health Minister was answering questions about the mental health damage to young people on the internet. She made the point in response, which I thought was very valid, “Yes, but also on the internet is found some of the help and advice that young people were often searching for, which they would not be able to find as easily elsewhere”.

We are talking about a balance, but the grooming and abuse of vulnerable groups, particularly children, is nevertheless one of the key things, and I pay tribute to the campaign that the noble Baroness, Lady Kidron, has led on this. As far as the kids’ code is concerned, all I can say is that we will be with her every step of the way, so she should keep going. There is of course use by terrorists, organised crime and, indeed, state agencies. There are also the undermining of democratic processes and the promotion of hate language towards race, sexual orientation and mental or physical handicap. The noble Viscount, Lord Colville, mentioned other health and social consequences, particularly with gaming addiction. The examples go on and on, and such a charge list creates a public and political demand that something must be done. The White Paper captures this sense of urgency when it says that things,

“have not gone far or fast enough”.

Our task is made easier by the committee’s recommendation of 10 principles to guide the development of regulation online. On the other hand, the recommendation that a new digital authority be created sets alarm bells ringing at the idea of yet another regulator in this sphere. We need to think carefully about what is needed. Such an authority will need a certain heft and clout to gain the respect of some pretty big beasts.

I remember that when the Puttnam committee was discussing the establishment of Ofcom we were told that Murdoch’s lawyers would eat this new regulator for breakfast. Well, it was not so. Now, 15 years on, we have reached a stage where “give it to Ofcom” seems to be the answer to every problem. That may be the answer, but let us weigh up the options. Whatever becomes this digital regulator will have to work closely with the ICO, the CMA and other bodies such as the Centre for Data Ethics and Innovation, as well as self-regulators such as the ASA and trade bodies such as the Internet Association. But Parliament will then have to decide where the buck stops and who makes the key decisions.

There will also need to be early work on data literacy. Here I agree with the noble Lord, Lord Maxton, that the long-delayed recommendation of the Puttnam committee for a clear policy of data literacy education is important, parallel with these developments. In addition, the CMA and the DCMS are going to need extra resources to take on their new responsibilities. I hope that I am not treading on too many toes in Whitehall if I say that there will be greater public confidence as we move forward if the DCMS is seen as the lead department, although of course the Home Office has a clear role in criminal, terrorism and intelligence matters.

I disagree with the statement that the DCMS cannot be the poacher and gamekeeper. The digital authority will have to have a parent department, but Parliament will need to be able to look at some detailed and specific proposals if we are to avoid a plethora of codes and regulators and a balkanisation of the system, a warning made by the noble Baroness, Lady Harding. I thought at one point that she was going to suggest that the whole lot be given to the Home Office, but she steered away from that nightmare. That is why it is not nostalgic for me to urge that, before we move to specific legislation, a draft Bill is submitted to a joint pre-legislative scrutiny committee of both Houses. The great benefit of the Puttnam committee process was its transparency and its open door to allow all interest groups to have their day in court. The outcome was a piece of legislation which was better and more robust because of that pre-legislative scrutiny. I am very interested to see that growing into a permanent Joint Committee of both Houses.

The noble Baroness, Lady McIntosh, mentioned democracy. One of the criticisms of the White Paper and the report is that they did not deal with the threat to our democracy posed by internet abuse. I am delighted to see on today’s Order Paper that a Committee of this House has been established to report on democracy and digital technologies. I was even more delighted when I saw that the noble Lord, Lord Puttnam, had been appointed chairman. I hope the Minister will assure us of his department’s full co-operation with the work of that committee.

My final appeal is that we remain major players in international discussions on these matters. Between 2010 and 2013, I was the Minister involved in the early stages of GDPR negotiations. The GDPR may have its weaknesses, but it is an example of how international agreements can be reached on these matters. In the ICO and its commissioner, we have a real asset to be deployed in seeking international co-operation. I agree with the noble Lord, Lord Inglewood: I see no reason why we should not have the ambition to create a kind of Geneva convention on rules of behaviour for the world wide web.

Nor for the first time, the Communications Committee has produced a report which brings credit to this House and positive and useful advice to the Government, while providing clear advice for the next steps for all of us in this complex and fast-moving world. In that respect, we are all in its debt.

Online Harms White Paper

Lord McNally Excerpts

Tuesday 30th April 2019 Lords Chamber

[Lord McNally (LD)]

My Lords, it is always a pleasure to follow the noble Lord, Lord Griffiths of Burry Port, and I certainly want to follow the spirit of his intervention. Last Thursday, we had something of a dress rehearsal for this debate when we discussed the Communications Committee report UK Advertising in a Digital Age.

In the course of that debate the right reverend Prelate the Bishop of Durham quoted his son saying:

“Dad, you haven’t a clue … I have been raised in this digital world. I am inside it, day in and day out. You just don’t get it and your generation will struggle to”.—[Official Report, 25/4/19; col. 725.]


I was particularly sensitive to those comments because I suspect that my own children, all in their 20s, have a similar view of my capabilities. I am happy that my noble friends Lady Grender, Lady Benjamin and Lord Storey, all more savvy in this area than I am, will follow.

The truth is that the gap in comprehension between legislators and practitioners was there for all to see when the CEO of Facebook, Mark Zuckerberg, appeared before a Senate committee. The question out there is whether the Government and Parliament—as the noble Lord, Lord Griffiths, has just indicated—are flexible and nimble enough to address genuine public concerns and stay ahead of the curve as some of these technologies develop at breakneck speed. Perhaps it is a job for the Youth Parliament rather than this one. As I said last Thursday, many of our procedures and conventions have their roots in the 18th century not the 21st. In approaching this, therefore, we have to look not only at the legislation but at how we consult and involve people in introducing steps as we go forward.

As the Minister has said, there has been a general welcome for the direction of travel proposed by the White Paper. There are harms which need to be addressed, as demonstrated by the list referred to by the noble Lord, Lord Griffiths, and as explained to us by the noble Baroness, Lady Blackwood, in the Statement that preceded this discussion.

It is true that the White Paper is not without its critics. Last week, in evidence to a DCMS sub-committee, the Information Commissioner, Elizabeth Denham, expressed surprise and disappointment that the White Paper had not,

“done a comprehensive examination of political advertising and oversight that’s needed in this space”,

and the Electoral Commission has called for a range of measures to strengthen its oversight and promote transparency in digital campaigning. The Alliance for Intellectual Property caught some of the points made by the Minister and the noble Lord, Lord Griffiths, about the effect on business. It said:

“The paper fails to address the harmful activity that affects businesses, in terms of revenue generation, investment and creative innovation”.


Another group, Defend Digital Me, warns against giving the Home Office carte blanche to regulate the internet, saying that children must not be the excuse that is talked up into a reason enabling greater control of the internet by the Home Office. It expresses particular concern about paragraph 21 of the White Paper.

There are real and present dangers out there to be addressed, but also concerns that ill thought-out measures could undermine some of the real benefits that the internet has brought us. The challenge is to produce an internet that is open and vibrant, yet also protects its users from harm. The days are long gone when public opinion was content to see the internet as a kind of Wild West beyond the rule of law. We have now reached a situation where Mark Zuckerberg of Facebook said:

“If the rules for the internet were being written from scratch today, I don’t think people would want private companies to be making … decisions around speech, elections and data privacy without a more … democratic process”.


Quite so.

Nor are we starting from an entirely blank sheet of paper. In the Information Commissioner, we have someone with authority and respect both at home and abroad. We have an Electoral Commission that will need extra resources and new powers to protect our democracy from abuse carried out using new technologies. Ofcom, a creation of the Communications Act 2003, has proved a highly successful and respected regulator. We also have good examples of international co-operation in the field. The EU general data protection regulation is now embedded in the Data Protection Act 2018 and is a good example of addressing online harms via international co-operation. I understand that the GDPR is now being looked at by a number of other jurisdictions, which are using it as a template for their own legislation. Taking up the point that the Minister made in his opening remarks, I see no reason why we should not aspire to global conventions which the whole world can adopt.

In so doing, we must be aware that elsewhere in the world, authoritarian Governments are attempting to insulate themselves from transparency and accountability by trying to curb and shackle the internet, precisely because of its ability to shine light into dark corners. Of course we want to see the freedom of the press upheld. I think the technology is taking us into difficult areas here. There is an overlap between print media organisations and their online publications, and there are questions about where the various jurisdictions apply. Before those organisations get too indignant, it is interesting to note that the worst offender following the Christchurch tragedy was Mail Online, which continued to carry a video of the tragedy, and the manifesto behind it, long after Facebook had taken them down.

The White Paper paints a very broad canvas and, as I have cited, critics call for more action and greater safeguards. I just wonder whether draft legislation would not benefit from pre-legislative scrutiny along the lines of the Puttnam committee, which examined the Communications Bill in 2002 and on which I served. I am delighted to see the noble Lord, Lord Puttnam, in his place. That committee held hearings in public and on the air. As a Joint Committee, it was able to draw on strengths and experiences from both Houses.

By the end of the process, we will have a suite of powerful regulators overseeing these matters: the new super-regulator envisaged by the White Paper, the ICO, Ofcom, a better resourced and empowered Electoral Commission and a revitalised CMA. But how will they work together? Who will report to whom? Will some take responsibilities already held by other regulators? There is a lot of thinking to be done. In the Statement the noble Baroness, Lady Blackwood, spoke about a need for coherence in the way government approaches this. I wonder how interdepartmental co-operation will be achieved. Will there be a special Cabinet committee on this? How will that coherence across Whitehall be achieved?

Parliament, too, will have to give careful thought to how best it links in with this new regulatory framework, either by creating a Standing Committee of both Houses or perhaps by creating an advisory committee akin to the Bank of England’s Monetary Policy Committee, consisting of those best qualified to give advice on new developments in technology which would allow government and Parliament to future-proof as best we can, while keeping oversight of the new technologies within democratic control.

I hope this does not do too much damage to the reputation of the Secretary of State for DCMS, but I worked with him for a couple of years in the coalition Government. I have always admired his lawyerly calm. This will be much needed as we move ahead in this area. There will be great pressure on us to do something quickly. There is obviously a need to bring forward statutory regulation and there will be a need for education and training, to which some of my colleagues will refer. As well as the need to move quickly, there is also a need to get it right. Perhaps in helping to achieve that end, this House might yet prove its usefulness to my children and to the son of the right reverend Prelate the Bishop of Durham.