Trade Bill

Damian Collins Excerpts

2nd reading & 2nd reading: House of Commons & Money resolution & Money resolution: House of Commons & Programme motion & Programme motion: House of Commons
Wednesday 20th May 2020 Commons Chamber

[Damian Collins (Folkestone and Hythe) (Con) [V]]

I wish to speak in support of the Bill, but also to address the importance of scrutiny by Parliament of digital trade provisions in proposed future UK trading agreements. This is a vital and fast-moving sector that is very important to the British economy. Technology touches almost all aspects of our national life, as indeed these proceedings themselves make clear.

One of the most important new trade agreements being negotiated right now is the one with the United States, but we need to make sure that the digital trade provisions of a deal do not impact on other areas of domestic law, in particular our ability to legislate to create new responsibilities for large social media companies to act against harmful content online. The example of the recently negotiated trade deal between the USA, Canada and Mexico, which I understand is the basis for the start of the American approach to negotiations with the UK, shows how the danger can lie in the detail of these agreements.

The agreement states that the signatories shall not

“adopt or maintain measures that treat a supplier or user of an interactive computer service as an information content provider in determining liability for harms related to information stored, processed, transmitted, distributed, or made available by the service, except to the extent the supplier or user has, in whole or in part, created, or developed the information.”

What that means, in short, is that while a social media platform can be used to disseminate harmful content, and indeed the algorithms of that platform could be used to promote it, the liability lies solely with the person who created that content, and it could be impossible to identify that person, except perhaps through data held by the social media platform they have used. In this context, the harmful content being shared on social media could include a wide range of dangerous material from content that promotes fraud, violent conduct, self-harm, cyber-bullying or unlawful interference in elections. This provision was included in the US-Canada-Mexico trade agreement, despite opposition from prominent members of the United States Congress, including the Speaker, Nancy Pelosi, and Senators Mark Warner and Ted Cruz.

The provision is based on the provisions in US law known as section 230 of the US Communications Decency Act. Section 230 provides broad unconditional immunity to internet platforms from civil liability for unlawful third-party content they distribute. This sweeping immunity gives internet-based entities an unnecessary and unfair commercial advantage over various law-abiding bricks-and-mortar businesses and content creators. Section 230 immunity is unconditional. The platform can even be designed to attract illegal or harmful content, to know about that illegal or harmful content, have a role in generating and editing it, actively increase its reach and refuse to do anything about it, profit from it and help hide the identity of third-party lawbreakers, and still not be civilly liable.

The grant of immunity for online services under section 230 was supposed to be in exchange for the act of voluntary filtering in a proactive and effective way, yet we all know that there are constant complaints about the failure of major tech companies to act as swiftly as we would like to see against content that could cause harm to others. If such a provision were required in the UK-US trade agreement, it would severely limit our ability to tackle online harms, as we would be prevented from creating legal liabilities, or to tackle companies failing in their duty of care to act against harmful content.

This prompts the question whether international trade agreements should be used to fix such important matters of domestic policy. There is growing cross-party consensus on that point in the US Congress as well. In the UK, these should always be matters on which Parliament has the last word. Indeed, in America, those who have advocated the inclusion of section 230 provisions in trade agreements, do so knowing that they will make it harder for them to be removed in US law itself. The Secretary of State for International Trade has assured me that the Government will not accept trade agreements that would limit the scope of Parliament to legislate to create responsibilities to act against harmful content online. I agree with her that that should be our priority, but we need to understand that that will require a different approach to the negotiations on digital trade from that which was followed by Canada with America. We should not include the provisions based on section 230 in a UK-US trade agreement.

Having trade agreements for digital services, data and technology with other major markets around the world is greatly in our national interest, but we need to make sure that they give us the freedom to act against known harms and the freedom to enforce standards designed to protect the public interest, just as we would seek to do in any other industry.

Trade Bill

Damian Collins Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Tuesday 19th January 2021 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

I know we have had some problems getting through to you, Damian, but I am glad to see that the communications are now working.

[Damian Collins (Folkestone and Hythe) (Con) [V]]

I will be speaking to Lords amendment 7, tabled by Baroness Kidron, which seeks to protect the rights of children online with regard to the use of their data and the design of services targeted at them. This has been enshrined in UK legislation through the age-appropriate design code—something that Baroness Kidron has been a tireless campaigner for. That world-leading piece of legislation is already influencing the decisions of technology companies on how they design and create tools for young people to use online.

In opening the debate earlier, my right hon. Friend the Minister for Trade Policy told the House that the Government’s forthcoming online harms Bill was the correct place to ensure the internet safety of children and all UK citizens. However, I understand why Baroness Kidron moved to insert Lords amendment 7 in the Bill, to ensure that those rights cannot be traded away in the small print of a future agreement. We can easily see how rights granted in international trade agreements on how companies can use data, where they can processes it and whether they can be subject to an independent audit of their algorithms could undermine the ability to create and enforce a robust duty of care regime on technology companies to meet their obligations to tackle online harms. In fact, in the trade negotiations between the UK Government and the outgoing Trump Administration in America, the US negotiators have sought to do just that. President Trump’s Government have sought to persuade the UK to trade away digital and data rights as part of securing a deal, as they have done in their agreements with Canada, Mexico and Japan. That would clearly be unacceptable, and I am pleased that Ministers continue to reassure me and others that they would not allow that to happen. Indeed, the UK has objected to those provisions being inserted in the trade agreement. A first positive step from the incoming Biden Administration will be to remove those clauses from the negotiating text.

It is important, though, for us to consider how the House will scrutinise detailed trade negotiations involving data and citizens’ and children’s rights online. I would not want to see trade agreements becoming the mechanism through which domestic legislation is undermined. In the agricultural and food sectors, the Government have now given a particular role in statute to the Trade and Agriculture Commission to advise Parliament on the impact of future trade deals on food standards and food safety. The Information Commissioner’s Office should have the same role on a formal basis to give advice to Parliament on the impact of draft trade agreements with regard to child protection, data sharing and data privacy.

A consumer can make a decision about whether they want to buy goods or not, depending on how they are made. Governments can enter into trade agreements to seek to reduce tariffs on particular goods to boost trade, create jobs and lower costs to consumers. All of those actions can be good things, but the impact of getting trade agreements wrong on data privacy and protection can be hard to see. It is hard to see how someone is exploiting a loophole in a trade agreement to gain improper access to someone’s data and to use it in ways to which they would not have consented. That is why it is so important that we safeguard digital rights online.

I will not be voting against the Government tonight on these amendments, but I ask the Minister to consider a formal role for the Information Commissioner to advise Parliament on future trade agreements, and in particular to make sure that they comply with our data protection laws and the age-appropriate design code, to keep children safe online.

[Taiwo Owatemi (Coventry North West) (Lab) [V]]

I will first talk to Lords amendment 1, pertaining to parliamentary scrutiny. The Bill provides inadequate statutory procedures for parliamentary scrutiny and ratification of trade agreements, and Lords amendment 1 seeks to remedy that. It also ensures parliamentary engagement and scrutiny during the negotiation process and consultations with devolved authorities and means that the Government are obliged to seek approval from both Houses of Parliament before becoming a signatory to any trade deal. It means that colleagues across the House can scrutinise any agreements that impact on our constituents or Britain’s reputation and standing on the international stage.

The amendment is important as it ensures that an independent impact assessment is carried out on any proposed trade deal on human rights and equalities, employment and labour and the protection of human, animal or plant life or health, among a whole host of other important markers.

On the back of that, I am also proud to give my support to Lords amendment 2, which ensures that we do not embark on trade agreements with countries that have committed grave human rights abuses. By creating a triple-lock barrier against such agreements, the amendment ensures that we will keep our international and national commitments to respect human rights, guaranteeing that we do not enter trade negotiations with those who seek to undermine human rights principles through actions such as unlawful detention and the unlawful killing of citizens.

Lords amendment 3 sets out in clear terms the UK’s determination to abide by human rights principles, standing firmly against the grave human rights abuse of genocide more specifically. By voting against that amendment, the Government will showcase that a country committing genocide is not of any consequence for the UK when seeking trade deals, which ultimately makes us complicit. The amendment ensures that we do not do business with countries that have a low regard for human life.

I also speak in support of Lords amendment 4, which seeks to protect our NHS and NHS data and safeguards our NHS, particularly in the event of a trade deal with the United States, which is of the utmost importance. The amendment protects NHS patient data against private healthcare corporations. The amendment is crucial, as it prevents the Government from making deals with those who want to undermine the Government’s ability to deliver free, universal public health and care services. It sends a strong message that our NHS is not for sale and that this Government are committed to respecting and protecting the long legacy of providing free healthcare to all at the point of use.

Finally, I also support Lords amendment 7, which focuses on protecting children from online harm. The Government have gone so far with the online harms White Paper to outline the actions they are determined to take to protect young people online. The amendment provides another opportunity for the Government to protect young people when they use the internet, particularly when the Government are seeking to embark on trade negotiations with countries that have poor or relaxed online protections.