Data (Use and Access) Bill [Lords]

James Naish Excerpts

Wednesday 7th May 2025 Commons Chamber

[Steff Aquarone (North Norfolk) (LD)]

My new clause 7 would ensure that, alongside the creation of a digital verification framework, there would be a right to use non-digital ID. Digital exclusion is a major challenge for many communities around the country, including in North Norfolk. Part of the answer is to improve digital education and bring those numbers down, but, as Age UK rightly says,

“it will never be possible to get everyone online.”

The progress we make in the digital age must ensure provision for those who will not be supported by it, or that they are not left behind or excluded.

Older people are not the only ones who struggle with digital exclusion—poverty is also a significant driver. A study in 2021 showed that more than half those who are offline earned less than £20,000 a year. The Government told the Lords that if it turned out that people were being excluded, they could consider legislating, but how many people earning less than £20,000 a year will be taking a business through the courts—perhaps as far as the Supreme Court—to secure their rights? Why are we waiting for it to go wrong, placing the onus on vulnerable people to generate test cases and legal precedent when we could put this matter to bed once and for all with this simple addition to the Bill?

I will also speak in support of new clause 1. It has become abundantly clear to us all that we cannot trust the social media giants to keep our children safe. In fact, I would go as far as to say that they have very little interest in keeping children safe. The algorithms that drive these platforms, which are designed to keep users scrolling for as long as possible to maximise ad revenue, can be deeply damaging to children and young people. It is important to emphasise just how pervasive the content stream can be. Not every hon. Member may have experienced it, but pervasive, targeted content is not the same as a child seeing something distressing on the news. Once seen—if only fleetingly—there is the potential for them to be exposed to unsubstantiated, misleading or even traumatic content, or versions of that content, over and over again every few swipes as the algorithm realises it can suck them in, keep them scrolling and make profit for its social media giants. That is not what social networks set out to do, but it is what they have become.

Whatever the social media giants told the Government or the Opposition, whether “It is too complex,” “It would cost too much,” or, “The flux capacitor is not big enough,” that is just rubbish. If we simply removed the right to process personal data for under 16s, we would remove the algorithms’ ability to target them with content based on what they say and do. If the social networks cared about children’s wellbeing, they would have done that already. I hope that today we will finally take the action necessary to protect the next generation.

Overall, my views on the Bill remain broadly similar to the frustrations I expressed months ago on Second Reading. There is important, commendable and sensible stuff in the Bill, and I welcome that, but what is not in the Bill is more frustrating, as it could have put it in a much better position to harness the power of data. We could have addressed the litany of failures in public sector data use that the Government’s own review outlined just months ago. We could be equipping our civil service and public sector with the talent, culture and leadership to make us a global trailblazer in data-driven government. It is really frustrating that the Bill does not contain any of the steps necessary to make those improvements.

If we use data better, we do government better. I am sure that the whole House and all our constituents are keen to see that.

[James Naish (Rushcliffe) (Lab)]

As all hon. Members in the Chamber know, data is the DNA of our modern life. It drives our economy, our NHS and our public services, often silently but ultimately powerfully. For too long, outdated data infrastructure across the British state has held us back, costing us billions and draining frontline resources. This ambitious Bill sets out to change that, so it should be welcomed.

For our NHS, the Bill will mean faster and safer care. More transferable and accurate patient data could save 140,000 hours of staff time annually, reduce duplicate lab tests, prevent up to 20 deaths each year from medication errors and improve overall patient safety and outcomes—that is real impact. It will also free up 1.5 million hours of police time, letting officers spend more time on our streets, not behind desks. The national underground asset register, as has been mentioned, could bring £4 billion to our economy by preventing costly infrastructure delays and accidents. The Bill will seek not just to cut red tape, but boost research, protect personal data and allow scientists and online safety experts to better access information to keep us all safer. I welcome that.

On Government amendment 16 on artificial intelligence and the creative industries, we have all seen the potential of AI, but that promise must not come at the expense of those who create. In that regard, I thank the dozens of constituents who have contacted me about their concerns. I welcome the Government’s recognition of the complex intersection between AI and copyright, and the need to get this right. It is clear that we must tread carefully and base any changes on robust evidence. I am therefore pleased that the Government are committed to publishing a full economic impact assessment and reporting to Parliament on key concerns, such as how AI developers access copyrighted materials, the transparency of their methods and licensing. I will also continue to support Equity with its work on the principle of personality rights.

New clause 21 proposes mandatory recording of sex at birth across all public authorities. The new clause would require all public authorities, whether the NHS, which I could potentially understand, or the Driver and Vehicle Licensing Agency, which I certainly could not, to record and retain people’s sex at birth even when someone has a gender recognition certificate. The new clause would seemingly require that regardless of context, purpose or relevance. That feels neither proportionate nor respectful of existing legal frameworks or the trans community at this difficult time.

It is important that we acknowledge that transgender, non-binary and intersex people already face considerable barriers in public life, and many of my constituents have shared with me in recent weeks just how much fear and uncertainty they are experiencing. Rushed amendments and changes, without dialogue with those impacted, are not in any way welcomed and could have very negative consequences.

Finally, on the theme of privacy, proportionality and protecting vulnerable people, will the Minister say whether any steps will be taken by his Department to end the collection and sharing of sensitive personal data when people use police, public, university or other websites to report crimes or abuses and the subsequent sharing of that data with third parties through tracking pixels? The use of such tools means people inadvertently share information with advertisers. I hope the Government will look into that and take it seriously.

[Sarah Olney (Richmond Park) (LD)]

I was glad to add my name to new clauses 1 to 6, tabled by my hon. Friend the Member for Harpenden and Berkhamsted (Victoria Collins).

I speak to new clause 1 on the age of data consent. Currently in the UK, the minimum age of digital consent—the age at which children can consent to having their data processed—is 13. The new clause would raise the minimum age for social media data processing to 16, meaning social media companies would not be able to process the data of children for their algorithms. I hope that that would allow children to enjoy many of the educational benefits and relevant services that social media can offer, as well as continuing to enjoy the freedoms of engaging with friends but without the risks of addictive algorithmic content.

The mental health issues associated with social media use in young people, particularly children, should be treated as a public health crisis. The Government are missing a vital opportunity with this legislation to reform how social media is used by not including provisions around children’s online safety. The Bill offers an important opportunity to start the process of removing harmful social media mechanisms and, as such, I urge the Minister to support the new clause.

New clauses 2 to 6 would ensure transparency in how AI systems are trained and give rights holders more control over the use of their works. Concerns about the impact of AI on the creative industries have been raised hundreds of times by my constituents and I have been raising those concerns in Parliament for years. In my Westminster Hall debate back in February 2023 on artificial intelligence and intellectual property rights, I raised my concerns about the bypassing of copyright laws in relation to AI and intellectual property with the former Conservative Government. However, the former Minister blamed the lack of the former Government’s action to introduce regulation for creatives, associated with the rise of AI, on the political turmoil in the Tory leadership at that time, and their neglectful attitude towards leadership was mirrored in their attitude towards introducing protection for creatives in this space.

Their conclusion from my Westminster Hall debate was

“not to legislate in periods of political turmoil”—[Official Report, 1 February 2023; Vol. 727, c. 163WH.]

and the need for “more deep consultation”, which did not materialise. I think we can all be glad that the chaos of that Government is in the past. However, we are yet to see the introduction of thorough and robust copyright laws relating to artificial intelligence, which is fundamental to the success of the UK’s world-leading creative industries. I hope this Government will act upon that today by accepting the new clauses.

I wish to reiterate the importance of these new clauses in ensuring that AI models are bound by existing copyright law, increasing data and identity transparency for crawlers and models, and empowering creators to take legal action against developers who fail to comply. The creative industry, like all sectors, will have to adapt to accommodate AI, but the industry is capable of and already making progress with that. Creatives have largely accepted that AI-generated content will have its place in the market, and they are already using AI to enhance their work by driving efficiencies and extending their reach to new markets. However, a solid regulatory framework, which could be created with the addition of these amendments, is essential to protect their rights and ensure that they can take part in value creation and retain control over their work. My colleagues and I believe that existing copyright law should be enforced to protect the UK’s creative industries, which are a world-leading British export.

Scientific and Regulatory Procedures: Use of Dogs

James Naish Excerpts

Monday 28th April 2025 Westminster Hall

[Irene Campbell]

I fully agree with everything that my hon. Friend said, and I will speak about that in a minute.

A study published in Communications Medicine found that the non-animal liver-on-a-chip device was able to correctly identify 87% of drugs that carried a risk of liver toxicity in humans, despite having passed through animal safety tests. Another example is research at Edge Hill University, where scientists are developing a human cell model of the blood-brain barrier to study the link between irregular heartbeat and an increased risk of brain damage, stroke and dementia. Normally, large animals such as dogs would be used to study heart disease. This work will be relevant to patients and will provide a real case for phasing out testing on dogs.

Comprehensive analysis in a paper authored by Dr Jarrod Bailey found that dogs are highly inconsistent predictors of toxic responses in humans and that, when considering whether a compound should proceed to testing on humans, the predictions that dogs can provide are little better than those that could be obtained by chance or tossing a coin. A simple example is that some foods, such as grapes and chocolate, are poisonous to dogs, and some drugs that are safe for humans, such as ibuprofen, are highly toxic to dogs, even in small doses.

Animals are used in research because of their genetic similarity to humans, yet although we share up to 98% of our DNA with some animals, the small yet important differences make us distinct. There are many historical examples of deadly drugs that appeared safe in animal tests: thalidomide was tested safely on animals, but caused severe birth defects in thousands of babies, and the painkiller Vioxx was linked to thousands of heart attacks and deaths, despite cardio-protective results obtained in animal tests, including on dogs.

The current approach to alternatives to animal testing is to fund the development and dissemination of techniques that replace, reduce and refine the use of animals in research—more commonly known as the three Rs. However—in relation to the point made earlier—there is little funding for non-animal methods. The all-party parliamentary group on human-relevant science estimated that human-relevant, non-animal method funding

“represents between 0.2% and 0.6% of total biomedical research funding in the UK and ~0.02% of the total public expenditure…on R&D.”

[James Naish (Rushcliffe) (Lab)]

On that point, the previous Government committed to doubling investment in this area. Would my hon. Friend, like me, welcome the current Government matching that, if not improving on it?

Listed Places of Worship Scheme

James Naish Excerpts

Wednesday 22nd January 2025 Westminster Hall

[James Naish (Rushcliffe) (Lab)]

It is an honour to serve under your chairmanship, Mr Western, and I thank the Minister—a trained Anglican priest who, I am sure, has our best interests at heart—for tolerating the lamentations of we lay people.

I start by thanking the dozen or so constituents who have written to me about the listed places of worship grant scheme, especially Mark Goodwill-Hodgson, John Edwards, Derek Hollis, Conrad Oatey and Tony Cox, who all shared deeply personal testimonies with me about the importance of their local places of worship in my constituency of Rushcliffe.

What is unique about the listed places of worship grant scheme is its accessibility, paying out approximately 500 grants a month at an average of £4,000 each. We should all be proud of the wider impact that this has had over the last 20 years, and I know that my constituency of Rushcliffe alone has many churches that have benefited from the scheme during that time. You have asked me to be brief, Mr Western, so I simply commend this scheme to all Members. I look forward to the outcome of the forthcoming spending review, as well as the statement later today, which I hope will provide greater clarity and certainty for listed places of worship about their futures under this Government.

Project Gigabit

James Naish Excerpts

Tuesday 26th November 2024 Westminster Hall

[James Naish (Rushcliffe) (Lab)]

I thank the hon. Member for Farnham and Bordon (Gregory Stafford) for securing this important debate. One of the very first pieces of casework I received after the general election was from a constituent living in a village called Tollerton, who wanted access to full-fibre for domestic and commercial purposes. He told me that he had been contacting Openreach on and off for two years, trying to find out when the upgrade would start, and that the proposed connection date had moved four times. He consequently described the roll-out of full-fibre as “shockingly slow”. You will not be surprised, Mr Dowd, to hear that he lived in one of the 6 million hard-to-reach properties classified as area 3 by Ofcom. I encourage the Minister to think about how to best accelerate work to connect hard-to-reach properties as a priority to ensure that we meet our nationwide 2030 target.

Thankfully, I have been able to confirm that Openreach has a customised installation plan for Tollerton that will sit outside the core commercial build programme. My constituent described that confirmation as “amazing news”, and work should start early in the new year. None the less, the volume of communication I receive about full-fibre tells me that residents are frustrated about perceived delays. I would therefore be interested to hear more from the Minister about steps being taken to remove barriers to roll-out, including flexible permitting and sharing infrastructure where possible.

I acknowledge the work of the previous Government in starting the roll-out of full-fibre, which is of national importance. However, as our manifesto clearly says,

“the rollout of gigabit broadband has been slow.”

I therefore welcome the new Government’s commitment to

“make a renewed push to fulfil the ambition of full gigabit and national 5G coverage by 2030.”

Full-fibre uptake to date in my constituency of Rushcliffe is very high, at 55%, which is above the national average. With a growing tech industry, significant house building and many people continuing to work from home, I believe demand will only grow further. But for parts of rural Britain, that is likely to require early investment in wireless and satellite provision for places where it may prove prohibitively expensive to provide a full-fibre connection. I would therefore welcome hearing more from my hon. Friend the Minister about his planned approaches for this.