King’s Speech

Baroness Stowell of Beeston Excerpts

Tuesday 14th November 2023 Lords Chamber

[Baroness Stowell of Beeston (Con)]

My Lords, I am delighted that the long campaigned for Media Bill will be part of this Session’s legislative agenda. But today I want to concentrate on other issues that the Select Committee on Communications and Digital, which I chair, has examined recently, which relate to other Bills or government activity mentioned in the gracious Speech: namely, digital competition, how to deal with frontier AI and digital exclusion.

I start by emphasising the importance of the UK’s digital economy. Big tech firms have developed platforms and tools that are used and enjoyed by millions. We have countless digital and tech SMEs flourishing across the country. Consumers rely on services that are rapidly moving online. A well-functioning digital economy relies on healthy competition. Indeed, it is central to many of the Government’s core ambitions—especially being a tech superpower. But there is extensive and conclusive evidence that digital competition is not working properly. A handful of big tech firms dominate massively, and this is distorting markets.

In most cases we should let markets take care of themselves—I am no fan of regulation for the sake of it—but where there is clear evidence of market failure and distortion, regulators should step in to ensure a level playing field.

The Government’s proposed Digital Markets, Competition and Consumers Bill aims to do just that. However, I am concerned by reports that the Government are backtracking in the face of big tech lobbying. This gets a bit technical, but the key issue is how big tech companies can appeal against remedies the regulator decides. What is currently proposed is a judicial review, which is a widely respected and used form of appeal process in many comparable settings. It is quick, so decisions remain relevant to market conditions, it is fair and it is robust. Most importantly, it encourages a non-adversarial approach, so all parties have incentives to engage in good faith early on. That is how good regulation should work.

The Government are considering changes to this that would open up more extensive avenues for legal appeal, but we must seriously ask ourselves: who benefits, and what is the price? Expanding the grounds for legal challenge does not in itself make the process fairer, but it does favour those with the deepest pockets and creates incentives for protracted litigation to be the goal from the outset.

Big tech firms say there will not be proper checks on the regulator’s work, but that is the job of Parliament and we need to ensure we do it. It is accountability to Parliament, not toothless regulators, that will give us the better outcome. It takes courage to stand up to big tech firms, as my committee has seen from the growing number of SMEs engaging with us and speaking out. The Government got this one right the first time around, so I would be grateful if my noble friend could confirm that the Government will not change the Bill and will stand up for fair digital competition and the interests of UK businesses.

Digital competition is also a central theme of our inquiry into frontier AI large language models. Our evidence suggests that these models are laying the groundwork for epoch-defining shifts in the way our information environment works, the power of big tech firms, and global approaches to digital regulation. At the heart of this is a multi-billion dollar race between operators of closed source and open source models. Unsurprisingly, we are seeing some big tech firms dominating the field already.

Governments have a rare moment of steerage here. Government and Parliament will not be leading the AI research field, but we can determine what sorts of companies are allowed to flourish and within what parameters. We need to get this right. Today, the committee heard from Meta and Microsoft, and it will take evidence from OpenAI and Google DeepMind next week. By the way, on this country’s potential to compete, it is worth remembering that DeepMind was originally a British firm that has since been acquired by Google. Recognising the urgency of this, the committee is working at pace and will publish its report early in the new year.

Finally, I repeat our call for the Government to take digital exclusion more seriously. It is clear that the world is moving online at an unprecedented rate. Lots of this is positive, but not for those who cannot keep up. We must not let people’s ability to connect and use digital services become another dividing line. However, I am sad to report that the Government have refused even to update their decade-old digital exclusion strategy, which is so out of date that many of the organisations it cites no longer exist and its progress updates are in the National Archives. Sorting this out is low-hanging fruit. The economic case is sound and the practical suggestions have been developed. What is needed now is ministerial attention. Will my noble friend refer this again to the Secretary of State and ask that she reconsiders my committee’s key recommendations?

I share the Prime Minister’s ambition for the UK to be a tech superpower. We have the talent and the potential. We just need to remove some obvious obstacles so that we spread the opportunities, correct the current imbalance of power and ensure that we bring everybody with us.

--- Later in debate ---

[Lord McNally (LD)]

My Lords, it is always a pleasure to follow the noble Lord, Lord Knight of Weymouth, although I shall not try to match his skills as a barista. I was very interested but slightly disappointed in the speech by the noble Baroness, Lady Stowell—not that it was not, as always, a well-informed and pertinent speech, but I had hoped that she would speak about the Media Bill. We cannot fill in everything, I know, but I put it to her that both her experience in her committee and her past experience will make her a powerful influence in this House in getting the Media Bill right; I look forward to working with her on that Bill.

[Baroness Stowell of Beeston (Con)]

I thank the noble Lord for giving way. I did welcome the Media Bill. I did not want to go into detail because there is not time to talk about every Bill that is relevant to the work of the committee, but I can assure him that I will definitely play a part in the passage of that Bill.

[Lord McNally (LD)]

I never doubted it. One thing that has come up already is that these chances do not come along every day. I was on the 2003 media Bill, which has been mentioned, 20 years ago. No matter how eager Ministers may be later to tweet their handiwork, government business managers are not enthusiastic about giving more time to a matter that they think Parliament has got done and dusted, so we have to get this Media Bill right.

I am particularly interested in making sure that our public service broadcasters are well provided for—as the Minister said—in that Bill. We are very lucky in that little cluster of public service broadcasters which play such an important role. In a way, ITV retains many of its old regional strengths from its federation origins. Although it was not always realised at the time, Channel 4 gave an immense boost to our independent production; thank goodness we saved Channel 4 from privatisation.

For me, the BBC has always been the iron pole around which we build the credibility of our public service broadcasting. One thing that could be done, even at this late stage in the Parliament, is to end the endless war against the BBC from the Conservative Benches. It is a national asset. I always think of a comment by one of the great titans of American broadcasting when Reagan was deregulating public service broadcasting in the United States: “We will only know what we have lost once it’s gone.” That is one of the things that still motivate me to come to this House: the determination that we pass on to the next generation a BBC that is, as it is today, the envy of the world.

The other factor in the media section is the repeal of Section 40. I am pleased to see the noble Lord, Lord Black, in his place. I am quite sure that he has the same speech that he has been delivering for 20 years, but it is none the worse for repetition. We will come to that. I draw noble Lords’ attention to the letter sent today to Members from the Press Recognition Panel, which sets out the facts about Section 40. It is interesting that the politicians and the newspapers that have reported on the repeal of Section 40 have all presented it as a draconian issue whereby the winner has to pay both sides in a loss. They always omit to say that this would never apply if only our press would follow what was promised in Leveson and go through a proper media regulator. That offer is still on the table.

If the noble Lord, Lord Black, who has influence in these areas, can exert some of it, it is still possible to implement Leveson in full. That would provide a much healthier approach. We should not be waiting for princes of the blood royal and those enemies of the people, the judges, to regulate our press. That regulation should come from an industry confident enough to set up a proper regulator. On the repeal of Section 40, and if the Minister wants the background, I was the Minister in the Lords at that time. The Foreign Secretary will tell him what a double-dealing stab in the back it was by the Conservatives once they were free of the moderating hand of the Liberal Democrats and free to abandon Section 40.

The only other thing I will mention is that as a lifetime football lover and vice-president of St Albans City Football Club—a declaration of interest—I think this is a chance to get our national game into good order. I look forward to the words of my noble friend Lord Addington. Before him came David Mellor, Tracey Crouch and now the Fair Game campaign—all encouragement for us to get it right.