Data Protection and Digital Information Bill

Debate between John Whittingdale and Jeremy Wright

Report stage
Wednesday 29th November 2023 Commons Chamber

[Sir John Whittingdale]

I will come on to that, because we have tabled a few amendments on digital verification and the accreditation of digital identity.

We are proposing a voluntary framework. We believe that using digital identity has many advantages, and those will become greater as the technology improves, but there is no compulsory or mandatory element to the use of digital identity. I understand why the hon. Lady raises that point, and I am happy to give her that assurance.

[Sir Jeremy Wright (Kenilworth and Southam) (Con)]

Before my right hon. Friend moves on to the specifics of the Government amendments, may I ask him about something they do not yet cover? The Bill does not address the availability of data to researchers so that they can assist in the process of, for example, identifying patterns in online safety. He will know that there was considerable discussion of this during the passage of the Online Safety Act 2023, when a succession of Ministers said that we might return to the subject in this Bill. Will he update the House on how that is going? When might we expect to see amendments to deal with this important area?

[Sir John Whittingdale]

It is true that we do not have Government amendments to that effect, but it is a central part of the Bill that we have already debated in Committee. Making data more available to researchers is, indeed, an objective of the Bill, and I share my right hon. and learned Friend’s view that it will produce great value. If he thinks more needs to be done in specific areas, I would be very happy to talk to him further or to respond in writing.

Online Pornography: Age Verification

Debate between John Whittingdale and Jeremy Wright

Thursday 20th June 2019 Commons Chamber

[Jeremy Wright]

I thank the hon. Lady for her remarks. As she knows, I have spoken to the shadow Secretary of State about this issue—I accept that he cannot be here today and I am grateful to her for stepping in.

The hon. Lady raised a number of issues, starting with when I discovered the error. The answer to that is Friday last week, and my hon. Friend the Minister for Digital and the Creative Industries found out a couple of days before that. As the House would expect, we have spent the intervening time seeking to confirm that there is no alternative way of doing what I have described. We do not believe there is, hence the course of actions that I have set out to the House.

The hon. Lady rightly asked about personal data and privacy, which is an area of concern. As she knows, it was discussed during the passage of the Digital Economy Act 2017 and subsequently. I do not believe that it is impossible to reconcile the important requirement that people’s data and privacy are protected with the equally important requirement that children are protected from material they should not see. It is perfectly feasible to do those two things in parallel, which is what we seek through our approach. As she knows, the British Board of Film Classification, which will be the regulator for this, has taken steps to ensure that beyond the requirement on all relevant companies under the general data protection regulation parameters, an additional scheme will be available to those who wish to take advantage of it. That scheme will set out a higher gold standard for privacy, which we believe should be publicised to those who may wish to use these services.

The hon. Lady mentioned sanctions, but she will recognise that the issue under discussion is not sanctions for a breach of the requirements, but notification of them to the European Union. It is important to understand changes in technology and the additional challenges they throw up, and she is right to say that the so-called “D over H” changes will present additional challenges. We are working through those now and speaking to the browsers, which is where we must focus our attention. As the hon. Lady rightly says, the use of these protocols will make it more difficult, if not impossible, for ISPs to do what we ask, but it is possible for browsers to do that. We are therefore talking to browsers about how that might practically be done, and the Minister and I will continue those conversations to ensure that these provisions can continue to be effective.

[Mr John Whittingdale (Maldon) (Con)]

Is my right hon. and learned Friend aware that this is not the first time that a DCMS measure has had to be reintroduced because of a failure to notify the EU Commission? I hope that that problem will soon be removed, but while it exists, will he use this extra time to ensure that we get the measure right? There are still concerns on the grounds of freedom of speech and privacy, and about the ease with which measures can be circumvented through the use of virtual private networks. Will he raise similar concerns with the Information Commissioner to ensure that the age appropriate design code is right? It is much more important that it is properly designed than that it is rushed into place.

[Jeremy Wright]

I suspect that my right hon. Friend knows from experience that this is not the first time that such a thing has happened, but I am doing my level best to ensure it is the last. It is important that we have new mechanisms to ensure that such oversights are not repeated, and that is exactly what I am doing at the moment. He is correct that we should use the time we now have to get this right and to work through some of the additional challenges that I described a moment ago—we will do that. It is important that we understand these technological changes and, if I may say so, that validates our approach in the online harms White Paper, which was not to be prescriptive about technology, but to ensure that we adapt our systems as technology moves. We will seek to do the same on this point.

My right hon. Friend mentioned the age appropriate design code which, as he rightly says, is produced by the Information Commissioner, not the Government. He is right that it is important that we do not to rush this and that the Information Commissioner takes full account of the responses to the consultation. Having spoken to the Information Commissioner, I know that she will take full account of all the comments before taking the matter any further.

Free TV Licences: Over-75s

Debate between John Whittingdale and Jeremy Wright

Tuesday 11th June 2019 Commons Chamber

[Jeremy Wright]

The hon. Gentleman says that we should ask Conservative party leadership contenders whether they will bring this obligation back to the taxpayer. I hope that he will ask the same question of Opposition Front Benchers, and not just that question but the follow-up question: if they intend to do that, where will they find the money to pay for it? Will they cut elsewhere? Will they borrow more? That follow-up question must be asked of all those who argue that we should reverse course on what Parliament voted for in 2017.

The hon. Gentleman says that the Government knew what they were doing when this arrangement was made in 2015. I suggest that the BBC also knew what it was doing. It is important to remember what the BBC said at the time. Let met quote what the director-general of the BBC said on the “Today” programme after the deal was done in 2015:

“The Government’s decision here to put the cost of the over-75s on us has been more than matched by the deal coming back for the BBC.”

That is what he said. If we all enter these deals with our eyes open—we all should—we should all be responsible for the decisions we take.

[Mr John Whittingdale (Maldon) (Con)]

May I respectfully say to my right hon. and learned Friend that when the decision was taken it was understood that this would be a possible outcome, not least because to maintain the existing concession would cost the BBC nearly £1 billion by the end of the charter period, which would mean either huge programme cuts or increasing the licence fee for the under-75s to nearly £200? Does he accept that restricting the concession to those over-75s on pension credit will provide help to elderly people on low incomes, and if it is publicised properly, it should actually significantly increase the take-up of pension credit?

[Jeremy Wright]

Yes. My right hon. Friend’s last point is an important one. As I said earlier, it is important that we raise the take-up of pension credit. There are tens of thousands, if not hundreds of thousands, of older people in our society who are entitled to help they are not currently receiving. If the BBC can assist in that process, by getting the message across that they are entitled to that help and that they will be able to claim it, that would be a good thing. I entirely respect his experience in the process that has led up to this point. As I said earlier, I accept that there are hon. Members who feel passionately that the decision taken in 2017 was the wrong one. I understand that that is their view, but it was the decision taken, and as a result, this is a BBC decision to make.

Cairncross Review

Debate between John Whittingdale and Jeremy Wright

Tuesday 12th February 2019 Commons Chamber

[Jeremy Wright]

I am grateful to the hon. Gentleman for his comments. I also welcome his undertaking to work with us; there is undoubtedly a broad measure of agreement across the House, and it would be sensible for us to work together. I also agree with what he said about the Select Committee’s work in this space, and we all await its further and final report on the issue of misinformation, which is due imminently.

On the BBC, the hon. Gentleman mentioned two aspects of what the review says. The first was the issue of market impact and the BBC. As I said in my statement, without prejudging the outcome I think it is appropriate to invite Ofcom to see whether more can be done here. I do not imply criticism in that request, but it is sensible for me to follow through on that recommendation of the review. But as the hon. Gentleman will recognise, the review also congratulates the BBC, and indeed the News Media Association, for the development of the local democracy reporter scheme and suggests that it may well be expanded. Again, it would be right for us to pursue that, and it is a recognition of the positive contribution the BBC is making in this space.

The hon. Gentleman also talked about the dominance of Google and Facebook, and that is undoubtedly a stark feature of the review. It is sensible to follow through on the review’s recommendation to involve the CMA, as it clearly has a role in determining whether the processes over which it holds sway are being appropriately applied, but I do not believe we should stop there, which is why I intend to begin a Government-centred review of the broader policy implications surrounding the online advertising market. That will follow on from the Furman review of competition issues which is already under way.

The hon. Gentleman mentioned the work the Government are doing on online harms, and he knows that we are considering a number of the issues he has mentioned, including of course the penalties that ought to be available when online platforms that have understood their responsibilities choose none the less not to exercise them. He also knows that I am committed to ensuring that those penalties are meaningful. He will forgive me for asking him to wait a little longer for the detail, but we will publish the White Paper shortly.

Finally, I agree entirely with what the hon. Gentleman says about the importance of trustworthy news. It is fundamental to our democracy and our society that we can trust what we read, and that there is a means whereby citizens of this country can read proper and informed scrutiny of what those in power are doing. That applies at both national and local level. The purpose of the Cairncross review was always to make a substantial contribution to that debate and to offer some ways forward. I believe it has done that; I have not suggested, and neither has Dame Frances, that it presents all the answers to these very complex problems, but they are problems with which we are right to wrestle as a democracy, and we are right not to let go of the importance of the scrutiny we are all rightly subject to.

[Mr John Whittingdale (Maldon) (Con)]

I very much welcome Dame Frances Cairncross’s report, which I believe addresses one of the greatest challenges to properly functioning democracy today. Does my right hon. and learned Friend agree that the priority must be to facilitate more professional journalists to report on the proceedings of local councils, local courts and other local institutions, which are currently all too often going unreported? The BBC’s local democracy initiative at least starts to address that challenge, so will he look at ways of expanding that initiative, perhaps by bringing on board to it the technology companies that are currently distributing the content but doing nothing to help collect it?

[Jeremy Wright]

I agree with my right hon. Friend. A large part of the answer is, as he says, to ensure that there are more professional journalists in the right places at the right times to provide the scrutiny that we all agree is important and necessary. As he has heard me say, the local democracy reporting scheme is a good example of how that might be achieved in the times that we currently live in. I should like to take this opportunity to pay tribute to my right hon. Friend for the part that he played in bringing that scheme into existence in conjunction with the BBC. It is a good thing, but he is right to say that there is scope for further expansion, as Dame Frances Cairncross has also pointed out. That expansion must be paid for, and I will certainly look into his suggestion and pursue further how we might persuade those who are benefiting from the current arrangements to ensure that their worst excesses are mitigated.

Johnston Press: Administration

Debate between John Whittingdale and Jeremy Wright

Monday 19th November 2018 Commons Chamber

[Jeremy Wright]

Let me start by agreeing with the hon. Gentleman that this is indeed a long-term problem that requires some long-term solutions. As he rightly says, local papers have been closing since 2005, but, if my memory serves me correctly, it was not my party in government in 2005; it was his. It really will not do for him to bring what is a serious issue—and a long-term one, as he says—to this House and try to make it into a bit of political point scoring against the current Secretary of State. I do not mind, but those who are affected by these changes will want to hear something a little more constructive from him and the Labour party.

Let me answer the pensions question. The hon. Gentleman asks me about current pensioners. As far as I understand it, they will not be affected. Anyone in receipt of their pension now will continue to be paid. The changes will affect those who are currently in employment, and we believe that there are 250 or so in total.

The next point that the hon. Gentleman makes is that this problem was apparent for some time. He is right, of course, and, as I said in my response to him, the problems affecting local media have been apparent for some time. They are structural problems, which is precisely why we believe that the right approach to take is to ask for an independent assessment of those structural problems, which Dame Frances Cairncross is carrying out and which will be completed shortly. When it is, we have asked Dame Frances to give clear indications of what she believes the answers may be so that we can consider what action a Government can properly take. That is the right approach to what is a structural and long-term problem, as he says.

In answer to another of the hon. Gentleman’s questions, I indicated to him in my initial response that I have had a conversation with David King, as he did over the weekend, and I spoke to JPI’s lead director today. Those are the conversations that I have had since this announcement was made on Friday. He seems to suggest that the Government should do more. He will be aware that, in addition to the Cairncross review, we have made concessions on business rates for newspapers, and we have looked at other ways in which we can help. He will be well aware that local papers were very clear that if the Government had brought into force section 40 of the Crime and Courts Act 2013, they would be significantly affected by it. Indeed, Johnston Press itself responded to the consultation on this matter. The hon. Gentleman may have seen what it said, but, in case he missed it, let me remind him. It said that the impact of section 40 could cost its business £6.7 million. It went on to say that it would force many of its papers that operate on the slimmest of margins to become unprofitable and that they would therefore have to be closed.

I respect the hon. Gentleman’s position on section 40. It is long held and, by him, deeply felt. What he cannot do is come to this House and accuse the Government of doing too little to help local papers when he himself would take action that would profoundly damage them.

[Mr John Whittingdale (Maldon) (Con)]

I welcome my right hon. and learned Friend’s recognition that the economic difficulties facing Johnston Press are the same ones that are now affecting all local newspapers, and that this situation is contributing to a real threat to the proper functioning of local democracy. Will he consider that one way of addressing this is to build on the BBC’s local democracy initiative, which is already funding 150 journalists? The obvious people to make an extra contribution towards this initiative are the internet technology giants, which are responsible for at least some of the problems now affecting newspapers.

[Jeremy Wright]

I will first address my right hon. Friend’s second point. He is right that we need to consider the impact on local news of the increasing transfer of particular advertising to online platforms. Of course, it is also important to consider how we ensure that content is properly paid for when it is used. He is also right that local democracy reporters have a part to play. It is important to note that the content they produce is made available to local newspapers, and I am sure that this assists those local newspapers in producing copy.

Oral Answers to Questions

Debate between John Whittingdale and Jeremy Wright

Thursday 8th February 2018 Commons Chamber

[The Attorney General]

Yes, I believe we do. For some of the most substantial cases under the Bribery Act, it is the Serious Fraud Office that prosecutes and investigates, and it has a good deal of expertise. In relation to both convictions and deferred prosecution agreements, my hon. Friend will recognise, as I have said already, that we are presenting good cases and securing convictions.

[Mr John Whittingdale (Maldon) (Con)]

2. What steps the CPS is taking to increase the rate of prosecution of people responsible for female genital mutilation.