Digital Regulation: Communications and Digital Committee Report

Earl of Erroll Excerpts

Thursday 21st July 2022 Grand Committee

[The Earl of Erroll (CB)]

I shall speak in the gap; I am sorry that I did not get my name down early enough to speak properly. I have one or two quick comments. First, I welcome this useful and excellent report, which will be a useful step forward if something happens about it. I notice that DCMS has responded to it but, actually, regulation involving digital issues runs across all departments, so it almost ought to be a joint response from every single department. That is something that we miss; “divide and rule” in the Executive is very dangerous.

From the summary, I picked out references to

“unnecessary regulatory burdens which could limit the benefits of digital innovation”—

that remains very true—and

“a lack of overarching coordination and oversight of regulatory objectives.”

That is also extremely true, and I have hit it several times. Paragraph 9 states:

“The solution was not to be found in more regulation, but in a different approach to regulation, with a coordinated response across policy areas.”


Therefore, the Government’s response—they are not down as saying that they actually want this to happen—really worries me. I thoroughly agree with the noble Baroness, Lady Stowell, when she said that we should set out the principles in what we do sometimes. We cannot control complex systems using rules, as they start conflicting and alter in unpredictable ways; there is a lot of theory around this. We have to realise that we must set out the objectives and principles behind them.

Paragraph 62 is about “power to resolve conflicts”. Someone needs to have that power. I will illustrate that with a real example. Among other interests, I have been involved in the whole thing about age verification for many years, going back to Bills on ID cards and things like that—although that was not so much about age verification. One of the challenges is that the civil servants who know all about it tend to move within a year and a half to two years, so you lose your expertise the whole time. All those who worked on Part 3 of the Digital Economy Act—we had to get them up to speed—have gone. I do not know where; they are probably desperately hiding somewhere else.

[Lord Vaizey of Didcot (Con)]

They have gone to the metaverse.

[The Earl of Erroll (CB)]

Exactly—we will never see them again. This is the big problem. I chaired the British Standards Institute’s publicly available specification—PAS—1296 on anonymous age verification; we solved the problem, and it is out there. The sad thing is that this is now being elevated to international standards used by Europe, but I do not know whether we still recognise that it exists. In 2020-21, the French started implementing the protection of children in legislation—I am not up to speed on exactly where they are—so it is actually happening there. But what have we done? We have said that we will stop it in the Online Safety Bill, repealing the part that was going to work in the Digital Economy Act. This is complete lunacy and, in fact, goes against the principle of the supremacy of Parliament—but I will not go into constitutional issues.

Looking forwards, the benefits and potential risks of AI will not be a single-department thing; this will run across all departments, because it involves everyone and everything. A lot of people mean different things when they say “AI”, so this is huge.

Finally, yes, we need some horizon scanning, but we do not want to get bogged down in trying to anticipate futures that may not exist. As someone said, a lot of other people are doing this. If you have knowledgeable people in the committee and in the Lords, they can help to spot where things are coming from and go from there. I welcome this report.