Data (Use and Access) Bill [HL]

Baroness Ludford Excerpts

Consideration of Commons amendments and / or reasons
Monday 19th May 2025 Lords Chamber

[Lord Arbuthnot of Edrom (Con)]

My Lords, when I was Opposition Chief Whip in another place, I was never really sure whether it was my job to make sure that legislation was as good as possible for the good of the country or as bad as possible in order to make sure that the Government were not re-elected. With this Bill, we have done our best to make sure that this legislation is better but, I am afraid, without success.

The noble Lord, Lord Vallance, said that you could not end up with two different sources of digital verification that showed two different biological sexes. Will the noble Baroness the Minister confirm that, because of the muddle that has existed for years on this, you could have two documents that are different: one document saying one gender and another saying the other? This Bill is a missed opportunity, although I shall not seek to divide the House on Motion A.

[Baroness Ludford (LD)]

My Lords, I thank the Minister for her introduction. In view of the remarks made a week ago by the Minister, the noble Lord, Lord Vallance, who referred to government datasets from the past 15 years which mixed up sex and gender as “accurate”—or perhaps “sort of accurate”, because the exchange in the report varied slightly—do the Government defend the accuracy of those datasets, even though they were, and continue to be, muddled because no one knew what “sex” meant? Are we expected to rely on the accuracy of data which mixed up sex and gender—that is, male and female—or do the Government mean that we cannot defend those data because they were only sort of accurate? I am not entirely clear what the Government are telling us about relying on historic data.

I am also concerned about what insight this gives into what the Government intend to regard as accurate from now on. I continue to think that the Government are on quite a sticky wicket in regard to data accuracy on sex and gender and their refusal to enshrine true sex accuracy in this Bill. We continue to have a bit of a fudge, which shakes confidence in their intentions. This is a huge missed opportunity, but I realise we are not having a further vote.

I shall ask just one question. Clause 29 allows for the Secretary of State to publish supplementary codes for DVS providers. Will the Government commit to publishing a supplementary code to ensure that DVS providers understand how to verify sex accurately and avoid what has been described by the Government Benches as the “muddle” of the last 15 years?

[Viscount Camrose (Con)]

My Lords, I thank all noble Lords who have contributed to this important debate. I will first speak to the issues around accurate recording of sex data before coming on to talk about scientific research.

Throughout the passage of the Bill, we have been clear that digital verification services will be a significant driver of data reliability and productivity. They are absolutely dependent on accurate recording and rigorous management of data. We supported my noble friend Lord Lucas in his original amendments on Report, and we tabled our own amendments from the Front Bench for Lords consideration of Commons amendments last week.

I am grateful to the Minister for her engagement on this issue, and I know she has taken our concerns seriously. That said, we remain concerned about the accurate recording and management of sex data, especially in light of the recent judgment of the Supreme Court. The Government must continue to remain vigilant and to take steps to ensure datasets held by the Government and arm’s-length bodies are, and continue to be, accurate.