Data (Use and Access) Bill [HL]

Lord Wallace of Tankerness Excerpts

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

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank all noble Lords for their contributions today and throughout this process. Colleagues have spoken consistently with passion and eloquence, as befitting the many, varied and celebrated interests that noble Lords have in the creative industries. As I have said on numerous occasions and feel I do not need to repeat, this Government are absolutely committed to the creative industries. We want them to flourish, and we have a plan to achieve this.

I am grateful to noble Lords who took the time to read the letter I sent to Members of your Lordships’ House last night, which, I hope, sets out more clearly our approach to these important issues. Given our debates to date and the letter, I will spare the House a full repetition of our position. However, our concern remains that any legislation mandated now, whether a draft Bill or regulations, will prejudge all the work required and result in laws that are not fit for purpose.

Contrary to some of the suggestions we have heard today, the Government have been listening carefully throughout the Bill’s passage. The Government have set out a plan to deal with this issue which includes additional compromises that respond to specific concerns raised by noble Lords in this House which have been put on the face of the Bill and would be strengthened if the House supports Motion A. I agree with my noble friend Lord Brennan that once the working groups get going it is vital that the creative sector has a voice in them. Of course it is our intention to deliver that.

The next step, which I know that noble Lords are keen to take, is simply to get on with it. The quicker the Bill is passed, the sooner we can put more resources into resolving the issues that noble Lords have raised. I agree with the noble Lord, Lord Russell, that we need to work together to find a solution that is appropriate for the UK, not for other countries, which will obviously have their own agendas. I also make it absolutely clear that there are no side deals in any agreement in the trade deal with the US.

Unless and until we reach Royal Assent we are basically stuck in limbo. We need to move on. I know noble Lords have spoken in support of the amendment from the noble Baroness, Lady Kidron, and she herself has called for action now, but we believe that the noble Baroness’s current amendment as drafted would take a long time to implement. It is intended to take effect after the proposals that we have set out in the Bill.

We have heard concerns about expediency and have tested how quickly we can pave a clear way forward, ensuring that all elements are considered in the round. I say to my noble friend Lord Brennan that of course we are aware of the urgency of this. This is why we will publish the economic impact assessment and the report the Bill requires within nine months. This will ensure that we are ready to act as soon as possible while also having sufficient time to consider all views and options. If the report and economic impact assessment are not published within six months of Royal Assent, the Secretary of State has made it clear that he will lay before Parliament a Statement setting out progress towards their publication.

The noble Lord, Lord Berkeley, asked for clarification on the copyright situation. The Government are clear that copyright must be complied with when copies are made to train AI models. This means that licences are required from copyright owners but in some circumstances a copyright exception may apply. If copying takes place in other jurisdictions, that country’s laws will apply. The law in this area is complex and disputed and it is not appropriate for us to comment on the litigation which noble Lords will know is currently before the courts. We recognise calls for greater legal clarity and this is why we have consulted and are now developing options for the way forward.

Noble Lords have raised the constitutional issue that we are dealing with today. The noble Baroness, Lady Kidron, said in her letter that the Bill is unusual as it started in the Lords and that, if the Lords insisted, the Government would have to accept the amendment or let the Bill fall. I will make our position absolutely clear: the primacy of the House of Lords applies equally to Bills that start in the Lords and in the Commons. This primacy is necessary for a democratic society. The views of MPs elected by the public should be respected, and the House of Commons has expressed its view on the issue of AI and copyright three times already.

[Lord Wallace of Tankerness (LD)]

I would be grateful if the Minister could clarify that, if the amendment of the noble Baroness, Lady Kidron, is carried, it will not scupper the Bill, but rather the Bill will go back to the Commons, where the Commons can provide an amendment in lieu. Therefore, the ball would be in the Commons’ court and the Government’s court; it will not scupper the Bill if we vote for the amendment of the noble Baroness, Lady Kidron.

[Captain of the Honourable Corps of Gentlemen-at-Arms and Chief Whip (Lord Kennedy of Southwark) (Lab Co-op)]

Could the Minister also just clarify her point about the primacy of the House of Commons? She just seemed to imply the opposite.