Data (Use and Access) Bill [HL]

Baroness Stowell of Beeston Excerpts

Consideration of Commons amendments and / or reasons
Monday 2nd June 2025 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, when I set out my comments, I said that I have made compromises, and I will reiterate them. We are trying to find a way through on the detail of how we are going to find something that is workable and deliverable in the longer term. That is the real challenge here. We all agree that we need to find something that will support the creative sector. It is about finding a model that will work internationally as well. That is our real challenge, and that is what we are attempting to do.

I think noble Lords feel that it is simpler than it is, because this is a huge challenge for us on a global basis. Let us not just think that there is a simple solution; I do not think for one second that there is.

[Baroness Stowell of Beeston (Con)]

I thank the noble Baroness for giving way, but does she accept that in order for these discussions to be fruitful in the round table and workshops that the Government have proposed, all parties need to know that they are entering those discussions on an equal footing? Although the noble Baroness and the Secretary of State have made quite a lot of play about not wanting to favour one side or another, through the consultation process and the way in which the Government have demonstrated a favouritism to one side of that discussion, there is a lack of confidence within the creative sector about their entering into these negotiations. That is what is lacking and what is needed to get those discussions to the point where they can be constructive and deliver the solution—which, I agree with her, will be very difficult to achieve.

[Baroness Jones of Whitchurch (Lab)]

The Secretary of State and all the Ministers in the department have made it absolutely clear how vital it is that the creative sector’s interests are protected in the discussions. The sector will be part of the working groups, have a seat at the table and have its voice heard. We have a job to do in reassuring those people that this is a workable solution, but they will see that the long-term workable solution which we are attempting to achieve would be for everyone.

Those working groups will address the issue of transparency and technical standards in a way that supports the creative industries as well as the tech sector. Those working groups, alongside the consultation responses, will inform the reports, the proposal and the economic assessment that the Government have already committed to in this Bill. It may be that the working groups bring other benefits, such as interim voluntary arrangements, until longer-term solutions can be agreed upon and implemented. However, we must see what comes out of the process, rather than imposing preconditions at this stage.

As I said earlier, His Majesty’s Government have made three additional commitments on this matter. First, these reports will be expanded with two additional topics—extraterritoriality and enforcement. Secondly, the report’s proposals and economic impact assessment will be published more quickly—within nine months. Thirdly, if we have not completed these reports within six months, the Secretary of State will provide a progress report to Parliament.

Turning to the first proposed new subsection of the amendment tabled by the noble Baroness, Lady Kidron, I agree that the scale of unauthorised use of works as inputs to AI models, and the impact of such use on copyright owners, AI developers and the wider economy should all be considered as we develop our policy approach and put forward our proposals, as should the adequacy of the legislative framework to support copyright owners. I am pleased to confirm that these aspects will already be considered as part of the impact assessment. The Government will report as we go along and are committed to publishing that. We intend for that impact assessment and report to be published within nine months and to make a progress statement after six months if needed. I hope that gives clarity to noble Lords, such as the noble Earl, Lord Dundee, that the Government agree that these issues are important and are actively working on them. We disagree with this part of the noble Baroness’s amendment only on the basis that an additional statement is not needed.

However, turning to the second proposed new subsection of the noble Baroness’s amendment, I can see the appeal of requiring the Government to make progress with legislation in this space. The Government have heard noble Lords’ concerns about the pace of progress. The Secretary of State said in the other place that he proposes legislation to be tabled as soon as possible. He has set out a plan for determining what such legislation should contain, assessing the consultation responses, convening technical working groups and then producing reports and economic impact assessments on our proposals.

Many of the things in the noble Baroness’s amendment may coincide with the outcomes of this plan. She has great foresight, but none of us have a crystal ball. It is fundamentally wrong to prejudge and pre-empt the process now being prescribed in the content of the legislation. What would noble Lords say to the 11,500 people who took the time to submit detailed responses to the consultation—that their considered thoughts are irrelevant because the outcome has already been put in statute? What to the working groups of technical experts that, rather than work with us to come up with a comprehensive solution that works for all sides, must abide by regulations that ignore their input and cover only one or two issues? What to the elected House, which has already voted these amendments down three times? Rather than respect one of our core constitutional principles, cited indeed by the noble Viscount, Lord Camrose, before the recess, do we believe in consulting and properly legislating, but just not today?

This cannot be what anybody thinks is right, either on this issue or indeed as a matter of principle. I repeat: the Government have heard the concerns of your Lordships’ House and set out their plan to address them. This must be allowed to run its course. I urge noble Lords not to insist on their amendment, nor to support the noble Baroness’s new amendment. Doing so will further delay our plan for dealing with the issues at hand and delay all the other good that this Bill will do; for example, allowing the EU to make its decision on data adequacy for the UK; providing for data preservation notices for coroners to support bereaved parents; introducing new offences tackling intimate image deepfake abuse; and enabling digital verification services, the national underground asset register and smart data schemes to grow the economy. All these things are waiting in the wings once the data Bill is passed.

I hope that noble Lords will reflect on this. We are making compromises—indeed, we have made a compromise—and we are trying to work quickly. Our only concern is with the wording of the noble Baroness’s amendment, which we do not feel will give us the comprehensive and detailed solution that we know is necessary to reassure the creative and technology sectors in the UK that we can make this work.