Data (Use and Access) Bill [Lords]

Jonathan Davies Excerpts

Consideration of Lords message
Wednesday 14th May 2025 Commons Chamber

[Chris Bryant]

The first thing to say to the right hon. Lady is that I completely stand by everything I said to the Select Committee yesterday. I do believe that the best form of AI will be intelligent artificial intelligence. And just like any pipe, what comes out of it depends on what goes into it. If we have high-quality data going into AI, then it will produce high-quality data at the other end. I have spoken to quite a lot of publishing houses in the UK, including Taylor & Francis in particular—

[Jonathan Davies (Mid Derbyshire) (Lab)]

rose—

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[Chris Bryant]

The hon. Gentleman is absolutely right that there are works out there that have been created with the use of AI. As I have said several times, I have never thought that the creative industries are in any sense luddite; I have always thought that they are at the forefront of innovation in so many areas—at the Select Committee yesterday I referred to Fra Angelico. This is true of every creative industry: they have to innovate in order to succeed. A video games company would say that it is using AI all the time, not necessarily to save money but to improve the product and be at the cutting edge of what they are doing. Even Björn from ABBA has said that he has been using AI because it enhances his work.

One area that is in our consultation but is yet to be addressed by anybody in any of the debates I have heard in this House or the other place is this: what we do about the copyright status of works that are solely or largely created by AI, because it is a moot point what we should do about it under existing law? My point is simply that we need to address all these issues in the round rather than piecemeal, and I will come on to that in more substance in a moment.

[Jonathan Davies]

The Minister is being very generous with his time. Central to what he is saying is transparency. Does he agree that enforceable transparency obligations would reduce legal uncertainty, deter infringement by increasing the legal risk to AI developers, and enable faster redress by allowing the courts to establish precedent where copyright is breached?

Future of Public Libraries

Jonathan Davies Excerpts

Wednesday 14th May 2025 Westminster Hall

[Jonathan Davies (Mid Derbyshire) (Lab)]

I beg to move,

That this House has considered the future of public libraries.

It is a pleasure to serve under your chairmanship, Mr Dowd. Public libraries are at the heart of our communities. They have incredible value, as I am sure we will hear from colleagues today, but they also have an important and underutilised role in delivering the Government’s plan for change. I will talk briefly about the diverse and important roles that public libraries play in our society and the profound risks they face, and finally I will urge the Minister to work with colleagues to implement and go boldly beyond the recommendations of the Sanderson review.

That review, commissioned by the previous Government and published last year, calls on Government to develop a national strategy for public libraries. I thank the Chartered Institute of Library and Information Professionals for supporting me to understand the challenge faced by libraries and articulate the need for change. It is good to see some friends from CILIP in the Public Gallery today.

The public library as we know it has been shaped and moulded by the laws and motions enacted in this place. It is 175 years since the Member of Parliament William Ewart, against much opposition, led the charge to introduce the Public Libraries Act 1850. The Act compelled boroughs to establish free public libraries, and it was the first legislative step in the creation of an enduring national institution that provides universal free access to trustworthy information. Opposition was rooted in the belief that knowledge was a volatile force, too potent for “the rough and poor”, who were seen as unfit to grasp or use it responsibly. Libraries, opponents warned, would become breeding grounds for unrest and lecture halls of unhealthy agitation, threatening social order. There is a sweet irony, then, in the face of an explosion of misinformation and a rapidly changing world, that libraries have become a rare beacon of trustworthy information where we can build our knowledge and skills with confidence. It may be that our democracy depends on it.

While I could spend my full time today waxing lyrical about the importance of libraries, I want to think more specifically about the needs they meet, more strategically about their role in delivering Government priorities, and more precisely about the value they contribute to the economy. Everybody knows that the public purse strings are tighter than they once were, but despite facing real-terms cuts of 49% since 2010, public libraries continue to produce immense educational, economic and social value. They have adapted in ways that William Ewart could not have imagined.

[Sarah Dyke (Glastonbury and Somerton) (LD)]

I congratulate the hon. Member on securing this important debate. In Somerset we have a huge number of libraries, and a recent independent review cited Somerset libraries as examples of excellence nationally. In community-managed libraries such as Castle Cary, links to carers’ groups have been established. Does he agree that libraries must be kept well-funded and accessible, in recognition of their wide-ranging role in the community, and particularly rural communities?

[Jonathan Davies]

I do agree. We need more money for libraries, but we also need to find ways of collaborating and innovating, so that we can do more with less. The hon. Member makes a good point about rural communities; I thank her for that.

[Rachel Gilmour (Tiverton and Minehead) (LD)]

I thank the hon. Member for securing the debate. Clearly, there is much agreement on the importance of public libraries, but in rural communities such as those in my constituency, access is often limited by insufficient transport and the rural premium associated with running services. Does he agree that the Government should urgently review steps to support access to rural libraries, so that constituencies such as mine are not left without these treasured community assets?

[Jonathan Davies]

I know the hon. Lady is a champion for rural communities and her constituents. The Government are looking carefully at public transport, but a national strategy for public libraries, which I will come to, could draw upon the issue she raises.

Many of our libraries have quietly evolved into digital learning centres, enterprise hubs and pillars of community wellbeing. Across the country brilliant initiatives have emerged, such as the Glass Box in Taunton, where people of all ages develop skills in 3D printing and programming in library spaces. There are initiatives such as Gloucestershire’s library-led programme tackling loneliness among older people. Those are models that should be shared.

As many as 13.7 million adults used a library last year, not just for books but to study, get online and sometimes as a place to feel safe. I believe the Minister referred to libraries as “cultural diamonds” and I could not agree more. Baroness Twycross has noted that they are

“one of the last non-transactional spaces in our communities.”—[Official Report, House of Lords, 12 September 2024; Vol. 839, c. GC140.]

It is hugely encouraging to see such clear appreciation and understanding of public libraries at the heart of Government.

[Bambos Charalambous (Southgate and Wood Green) (Lab)]

My hon. Friend is making an excellent speech. I congratulate him on securing this important debate. He mentioned community spaces. My borough of Haringey uses libraries as community spaces to encourage more people to use them, with various innovative ideas, such as the library late scheme. Libraries open later and get artists and musicians to make use of the community space that libraries are there to serve. Does he agree that is a good way to encourage diverse communities to access library spaces?

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[Jonathan Davies]

I agree with my hon. Friend, who makes a good point. People might not think to use the library, but if something else gets them through the door it might prompt them to use it again in future.

Despite the hard work done on mitigation, adaptation and commercialisation, cuts to public services since 2010 have meant that, tragically, public libraries are disappearing. Since 2010 we have lost around 276 static libraries in England, although that could be a substantial underestimate, as we are losing about 40 a year. That is not to mention the loss of good jobs for the trained professionals who run them. That is clearly unsustainable, and must not be allowed to continue.

We know that the situation in local authorities is acute, with a number of councils issuing section 114 notices. Almost one in five English councils will rely on exceptional financial support from central Government this financial year. Although local authorities have a statutory requirement to provide a comprehensive and efficient library service, that requirement is vague and untested, leaving the service at risk of being targeted for savings and efficiencies.

I do not envy local authorities for the difficult choices they have to make. We have a false dichotomy, however, between long-term ambition and short-term crisis.

[John Whitby (Derbyshire Dales) (Lab)]

I thank my hon. Friend for securing the debate. In the Derbyshire Dales libraries play a crucial role, hosting all kinds of community activities and providing space for the next generation to socialise and learn. They are a lifeline for those in the most remote and rural parts of the constituency, especially the elderly. The access that libraries give to the internet, and physical and digital services such as printing and archives, is vital for so many in our towns and villages. The previous Conservative council made significant cuts to opening times of local libraries, and the newly elected Reform group has made no promises to safeguard them. Does my hon. Friend acknowledge the urgent need to protect our local libraries from cuts, especially where they serve remote and rural communities?

[Jonathan Davies]

My hon. Friend is absolutely right. When the Conservatives ran Derbyshire county council until a matter of days ago, they signed off £625,000 of cuts to the library budget over four years. They did keep all the libraries open and they removed reservation fees for much of the stock. Credit where it is due—I welcome that. Savings were achieved through reduced opening hours, as my hon. Friend said. Reducing opening hours may be a difficult decision that some councils need to take to keep libraries open, but we know that the impact of those decisions will disproportionately be felt by people who already face a lack of opportunity, which is also true of library closures.

As my hon. Friend said, Derbyshire now has a Reform-led council. We know very little about Reform’s priorities for the authority or how it will run services. I urge the new Reform UK leaders of Derbyshire county council to recognise the value of local libraries and find innovative ways to work together, collaborating to help them grow.

I know the Minister will not be able to commit to putting more money into libraries, without a strong evidence base for what it will achieve. That strikes at the heart of the problem. We do not know what the extent of public library provision is. We do not know where it is, what it does and what it could do. Regulated healthcare services are listed in a national database, with contact details for their leaders and information about what is being provided. A similar resource could be developed for libraries across local authorities, schools, colleges, universities, healthcare settings and prisons. It could show who can use them, the extent of their catalogues and the range of skills held by the professionals behind them. There are opportunities to use libraries for a range of activities, including commercial ones, which would help them deliver increased public value.

A national database could support collaboration between library and information professionals and allow the Government to better use the full portfolio of those services to support their skills and community cohesion agendas. That is why I echo calls from the other place for the Government to develop a full national strategy for public libraries, backed by robust data. Not only would that intervention produce savings by reducing demand on other services, but it would unlock significantly more value than it would cost to implement. A national strategy could help a child to get a better start in life, a parent to receive the support they need, a jobseeker to find a quiet and supportive place to search for work, somebody struggling to understand an important but confusing form that they need explaining to them, an entrepreneur to find a new niche, or an older person to safely pay a bill. All that is in addition to satisfying a thirst for knowledge, which seeks to understand and further the human condition.

Many local authorities already calculate the contributions that libraries make to public health initiatives, digital inclusion, adult education, tackling isolation and so much more, but too often that work is done to identify where the least harmful savings can be made. Other institutions, such as schools, jobcentres and the NHS, should know what libraries are contributing to their work, and so should central Government, but without reliable data we do not have a full picture of the value our libraries are delivering, nor can we fully understand what vulnerable or disadvantaged people and communities stand to lose when their libraries start to close.

Better data would also allow us to understand the regional inequalities that doubtless exist in the distribution of services. That is why a key recommendation of the Sanderson review was to establish a national data hub to serve as the evidence base for a national strategy. Much of the rest of the Sanderson review’s recommendations can be implemented at little cost. They include the creation of a libraries laureate to champion the sector, automatic enrolment for children in the libraries run by their local council, support for the network of library volunteers who do so much more for their communities, and awareness days or branding for local libraries to tap into. When the Sanderson review was published, its recommendations were welcomed by the British Library, which has convening power and significant influence in the wider sector.

Based on the huge variety of activities and services that libraries deliver, it is clear that a national strategy must be cross-governmental. Even so, that work needs one person to hold the pen. Industry experts are concerned that libraries no longer appear in a ministerial title, and they would greatly appreciate it if that were restored. I hope the Government will reflect on that modest change.

I shall be grateful if the Minister would reflect on the Sanderson review and advise us on the Government’s plans to deliver on its recommendations, including by providing a timeline of any actions and telling us whether he supports a national plan for libraries. I shall also be grateful if he tells us what conversations he is having with CILIP, the British Library, local authorities and representatives of the libraries sector about how we can work together to improve public library provision. Finally, it would be wonderful to know what representations the Department for Digital, Culture, Media and Sport has made to the Treasury to articulate the value of libraries and ask for more money for those vital resources.

It is wonderful to see so many Members from across the House in the Chamber to talk about why public libraries are so very important. I am excited to hear about the best practice from the areas they represent, the challenges their communities have faced and the life-changing impact that libraries have had on their constituents. I look forward to working with colleagues to deliver on the amazing promise of these truly amazing, special and unique places today and for generations to come.

[Peter Dowd (in the Chair)]

I remind Members that they should bob if they wish to be called in the debate.

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[Jonathan Davies]

I thank colleagues from across the House for contributing to this important debate. We have heard stories of how libraries have transformed individuals’ lives. I was particularly moved by what my hon. Friend the Member for Bournemouth East (Tom Hayes), and many other colleagues across the House, said. We have learned a lot, but we have also had some lighter moments about the role that libraries play.

I know that ministerial responsibilities have changed and that there is no mechanism to get Baroness Twycross to come here, but I would be grateful if the Minister made sure that she has heard what has been said in this debate.

We have not had a commitment to a national strategy today. A lot of good work is coming through, but there are aspects of the Sanderson review that are valuable, and I believe that many of those aspects could be implemented very cheaply or at almost no cost. That might be something that the sector could do itself, but with the help of the convening power of the Government.

I would be grateful if the messages we have heard from across the House get to Baroness Twycross and if, a little bit further down the line, when the Department has had more time to chew this over and she has had time to embed herself in her role, we revisited the subject to see what progress has been made.

Motion lapsed (Standing Order No. 10(6)).

Data (Use and Access) Bill [Lords]

Jonathan Davies Excerpts

Wednesday 7th May 2025 Commons Chamber

[Chris Bryant]

No, I have not—my hon. Friend has not missed anything. Obviously, we want to respond as soon as possible, but we have 11,500 consultation responses to consider.

Some issues have hardly been referred to in the public debate on this matter. One issue that Equity is understandably pursuing, and that we referred to in the consultation, is about personality rights, which exist in some states in the United States of America. That is quite complicated to legislate for, which is one of the reasons we have consulted on it.

We have also consulted on the question—again, nobody has referred to this in the public debate—of whether a work that is generated by AI has any copyright attached to it. If so, who owns that copyright? It is slightly moot in British law. One could argue that British copyright law has always presumed that copyright applies only where a work is the expression of an individual, so it does not apply to AI-generated material, but there are other elements. Section 9(3) of the Copyright, Designs and Patent Act 1988 says that machine-generated material can have copyright attached to it, which is one of the other issues that we want to address.

As I said earlier, one of the issues to which nobody has yet come up with an answer is how we will provide proper enforcement of whatever transparency requirements we propose. I am conscious that in discussions I have had with our European counterparts, including my Spanish counterpart and members of the European Commission, there has been some concern about precisely what they will do by virtue of transparency. This issue is made more complicated by the advent of DeepSeek—for a whole series of different reasons, which I am happy to explain at some other point—but we need to end up with a transparency system that is both effective and proportionate. Simply dumping a list of millions and millions of URLs that have been visited on the internet is neither effective nor proportionate, so we will have to come up with something.

[Jonathan Davies (Mid Derbyshire) (Lab)]

Does the Minister envisage that any model of enforcement around transparency will be compulsory and not a voluntary system?

[Chris Bryant]

By its nature, enforcement would have to be compulsory, but we are running ahead of ourselves, because nobody has actually come up with a system that has an enforcement mechanism. Who would do it? What body would do it? How would that body be resourced? That is one of the things that we need to look into, and it is one of the elements of the consultation.

I will move on to another subject: the issue of purported intimate images. Government amendment 34 deals with the creation of intimate images or deepfakes. Earlier in the Bill’s passage, my colleague Lord Ponsonby added a new offence of creating purported intimate images without consent or reasonable belief in consent, and I am sure all hon. Members agree that this is a really important addition. In Committee, we introduced the offence of requesting the creation of purported images without consent or reasonable belief in consent, as hon. Members who were on the Public Bill Committee with me will know. It seems axiomatic that the courts should have the power to deprive offenders of the image and anything containing it that relates or is connected to the offence. This is already the case for the creating offence, which was introduced in the House of Lords. Government amendment 34 amends the sentencing code to achieve that for the requesting offence. It ensures that the existing regime of court powers to deprive offenders of property also applies to images and devices containing the image that relate to the requesting offence.

We have tabled a series of amendments to clauses 56 to 59 to reflect our discussions with the devolved Governments on the national underground asset register. The amendments will require that the Secretary of State to obtain the consent of Welsh Ministers and the Department for Infrastructure in Northern Ireland, rather than merely consult them, before making regulations in relation to the provisions. Co-operation with the devolved Governments has been consistent and constructive throughout the Bill’s passage. We have secured legislative consent from Scotland, and the Senedd in Wales voted in favour of granting the Bill legislative consent only yesterday. We regret that for procedural reasons, the process with Northern Ireland has not yet reached the stage of legislative consent. We are, however, working constructively with the Department of Finance to ensure that we can make progress as quickly as possible. We continue to work closely with the Northern Ireland Executive to secure legislative consent, and to ensure that citizens and businesses of Northern Ireland feel the full benefits of the Bill.

Before I finish, I turn to our amendments to help ensure that smart data schemes can function optimally, and that part 1 of the Bill is as clear as possible. Amendments to fee charging under clauses 11 and 15 follow extensive stakeholder engagement, and will maximise the commercial viability of smart data systems by enabling regulations to make tailored provision on fee charging within each smart data scheme. For example, amendments 19 to 21 enable the fees charged to exceed expenses where appropriate. This is necessary to fulfil the commitment in the national payments vision to establish a long-term regulatory framework for open banking. Outside smart data, Government amendment 35

“adds references to investigating crime to existing references in the Data Protection Act 2018 to detecting or preventing crime”,

which will bring these references into line with other parts of the legislation.

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[Max Wilkinson]

I thank the Minister for his intervention. He is absolutely right. There are clear issues of process here. There are differential approaches across the country—different coroners taking different approaches and different police forces taking different approaches. The words of Ministers have weight and I hope that coroners and police forces are taking note of what needs to happen in the future so that there are proper investigations into the deaths of children who may have suffered misadventure as a result of social media.

On related matters, new clause 1 would gain the support of parents like Ellen up and down this country. We need to move further and faster on this issue of social media and online safety—as this Government promised on various other things—and I am pleased that my party has a very clear position on it.

I will now turn to the issue of copyright protections. I held a roundtable with creatives in Cheltenham, which is home to many tech businesses and AI companies. The creative industries in my town are also extremely strong, and I hear a lot of concern about the need to protect copyright for our creators. The industry, is worth £124 billion or more every year, remains concerned about the Government’s approach. The effects of these issues on our culture should not be understated.

We would be far poorer both culturally and financially if our creatives were unable to make a living from their artistic talents. I believe there is still a risk of the creative industry being undermined if the Government remove protections to the benefit of AI developers. I trust that Ministers are listening, and I know that they have been listening over the many debates we have had on this issue. If they were to remove those protections, they would tip the scales in favour of AI companies at the cost of the creative industry. When we ask AI companies and people in tech where the jobs are going to come from, the answers are just not there.

The amendments tabled by my hon. Friend the Member for Harpenden and Berkhamsted (Victoria Collins) would reinstate copyright protections at all levels of AI development and reinforce the law as it currently stands. It is only fair that when creative work is used for AI development, the creator is properly compensated. The Government have made positive noises on this issue in multiple debates over the last few months. That is a positive sign, and I think that in all parts of this House we have developed a consensus on where things need to move—but creatives remain uneasy about the implications for their work and are awaiting firm action.

Ministers may wish to tackle this issue with future action, and I understand that it might not be dealt with today, but our amendments would enable that to happen. They also have an opportunity today: nothing would send a stronger signal than Government support and support from Members from across the House for my hon. Friend’s amendments, and I implore all Members to back them.

[Jonathan Davies (Mid Derbyshire) (Lab)]

I rise to speak to new clauses 4, 16 and 17, but first let me say that this is a very ambitious and weighty piece of legislation. Most of us can agree on sections or huge chunks of it, but there is anxiety in the creative industries and in the media—particularly the local media, which have had a very torrid time over the last few years through Brexit and the pandemic. I thank UK Music, the News Media Association and Directors UK for engaging with me on this issue and the Minister for his generosity in affording time to Back Benchers to discuss it.

AI offers massive opportunities to make public services and businesses more effective and efficient, and this will improve people’s lives. However, there is a fundamental difference between using AI to manage stock in retail or distribution, or for making scientific breakthroughs that will improve people’s health, and the generative AI that is used to produce literature, images or music. The latter affects the creative industries, which have consistently seen faster and more substantial growth than the overall economy. The creative industries’ gross value added grew by over 50% in real terms compared with the overall UK economy, which grew by around a fifth between 2010 and 2022. That is why the Government are right to have identified the creative industries as a central plank of their industrial strategy, and it is right to deliver an economic assessment within 12 months, as outlined in Government new clauses 16 and 17. I welcome all that.

I know it is not the Government’s intention to deal with copyright and licensing as part of the Bill, but because of the anxiety in the sector the issues have become conflated. Scraping is already happening, without transparency, permission or remuneration, in the absence of a current adequate framework. The pace of change in the sector, and the risk of tariffs from across the pond, mean it is imperative that we deal with the threat posed to the creative industries as soon as possible. We are now facing 100% tariffs on UK films going to the USA, which increases that imperative.

I welcome the Government’s commitment to engage with the creative industries and to implement a programme to protect them, following consultation. I would welcome an overview from the Minister in his summing up about progress in that regard. The more we delay, the worse the impact could be on our creative sector. I am also concerned that in the Government’s correct mission to deliver economic growth, they may inadvertently compromise the UK’s robust copyright laws. Instead, we should seek to introduce changes, so that creatives’ work cannot be scraped by big AI firms without providing transparency or remunerating the creatives behind it. Failure to protect copyright is not just bad for the sector as a whole, or the livelihoods of authors, photographers, musicians and others; it is bad for our self-expression, for how robust the sector can be, and for how it can bring communities together and invite us to ask the big questions about the human condition. Allowing creators to be uncredited and undercut, with their work stripped of attribution and their livelihoods diluted in a wave of synthetic imitation, will disrupt the creative market enormously. We are not talking about that enough.

It is tempting to lure the big US AI firms into the UK, giving the economy a sugar rush and attracting billions of pounds-worth of data centres, yet in the same breath we risk significantly draining economic value from our creative industries, which are one of the UK’s most storied pillars of our soft power. None of this is easy. The EU has grappled with creating a framework to deal with this issue for years without finding an equitable solution. I do not envy what the Government must navigate. However, I ask the Minister about the reports that emerged over the weekend, and whether the Government are moving away from an opt-out system for licensing, which creatives say will not work. Will that now be the Government’s position?

Harnessing the benefits of AI—economic, social and innovative—is not diametrically opposed to ensuring that the rights of creatives are protected. We must ensure transparency in AI, as covered in new clause 4, so that tech companies, some of which are in cahoots with some of the more troubling aspects of the US Administration, do not end up with the power to curate an understanding of the world that reflects their own peculiar priorities. Big AI says transparency will effectively reveal its trade secrets, but that need not necessarily be the case, as my hon. Friend the Member for South Derbyshire (Samantha Niblett) said. A simple mechanism to alert creators when their content is used is well within the abilities of these sophisticated companies. They just need the Government to prod them to do it.

The Government are working hard. I know that they care passionately about the sector, and the economic and social value it brings. I look forward to hearing how they will now move at pace to address the concerns I have outlined, even if they cannot do so through the Bill.

[Sir John Whittingdale]

The Minister referred, in his opening remarks, to the fact that the Bill has been a long time in its gestation. It is very nearly two years since the first meeting of the Bill Committee, which I attended, to take through what was pretty much an identical Bill. At that time, it was uncontroversial and the Opposition supported it—indeed, I support it today. There are a lot of measures we have not discussed because they are universally accepted, such as the national underground asset register, smart data provisions and the relief on some of the burden of GDPR.

I congratulate Baroness Kidron, who very successfully attached to the Bill amendments to address a different, but vital issue: protection of the creative industries with respect to copyright. Therefore, I support new clauses 2 to 6, which are essentially Baroness Kidron’s amendments that were passed in the House of Lords. The Minister said that it was not the intention to legislate at this time, that the Government want to wait and are consulting, and that they have tabled two amendments. However, one of the measures is to conduct an economic impact assessment, which the Government would always have had to do anyway, and the other is to commission a report into such things as technical standards and transparency. As the hon. Member for Perth and Kinross-shire (Pete Wishart) has pointed out, that will simply delay things even longer, and this is an issue that must be addressed now, because generative AI models are currently scraping and using material.

In our view, the law is clear. The Minister asks why we need new clause 2 if all it says is that people should obey the law, and if we also believe the law is clear. One of the reasons it is so important is that we can enforce the law only if we know that it is being broken. That is why transparency is absolutely vital; it is only with transparency that rights owners can discover the extent to which their content is being used by generative AI, and then know how to take action against it.

I absolutely agree that it is not that the creative industries are against artificial intelligence. Indeed, a lot of creatives are using it; a lot of them are developing licensing models. However, for some, it is an existential question.

Intellectual Property: Artificial Intelligence

Jonathan Davies Excerpts

Wednesday 23rd April 2025 Westminster Hall

[Jonathan Davies (Mid Derbyshire) (Lab)]

I thank my hon. Friend the Member for Bury North (Mr Frith) for securing this important debate.

A study by the International Confederation of Societies of Authors and Composers found that people working in the music industry could lose up to a quarter of their income by 2028 as a result of generative AI. Those losses would happen on two fronts: unremunerated and unauthorised use of their work, and competition from AI-generated output. In opposition, the now Government proposed to grow the creative economy and create good jobs right across the country. That was rightly welcomed, but there is significant concern about the proposed opt-out approach to text and data mining. I add my voice to the concerns about the removal of Baroness Kidron’s amendments from the Data (Use and Access) Bill. The Government previously said that the Bill was not the right vehicle for such action, so I would welcome some clarification: if not now, when?

The EU has had an opt-out system for text and data mining since 2019, but no effective rights reservation solutions have been developed in six years. That system was introduced before the widespread adoption of AI, and the EU is now trying to retrofit solutions.

The Government have outlined that AI companies and creative industries would need to collaborate to solve these problems, so I would appreciate some guidance from the Minister about the work that is happening in that space. I know that the Government are waiting for the results of their consultation, but many creators would appreciate clarity today about the work that is taking place. The UK’s creators are asking not for special treatment but for fairness and for the unique value of their work to be recognised and protected in the digital age. Let us make sure that the law keeps pace not only with technology but with justice.

Data (Use and Access) Bill [Lords]

Jonathan Davies Excerpts

2nd reading
Wednesday 12th February 2025 Commons Chamber

[Jonathan Davies (Mid Derbyshire) (Lab)]

I am grateful to have the opportunity to speak in this debate, and I am pleased to follow the powerful speech of the hon. Member for Cheltenham (Max Wilkinson).

This wide-ranging Bill cuts across many aspects of Government and people’s lives. We must harness the power of data to drive economic growth, to support a modern digital Government and build more efficient, effective public services, and to support people to have improved lives more generally. For too long this potential has not been fully realised, holding back businesses, public services, learning and education, and people up and down the country more generally.

This mission-led Government’s plan for change—delivering economic growth, better public services and action on the environment—cannot be fully realised without some of the opportunities that this Bill creates. Measures in the Bill are expected to free up 1.5 million hours of police time, meaning officers will have more time to tackle crime rather than dealing with admin. This will be welcome in communities blighted by antisocial behaviour and among retailers who have been affected by shoplifting or violence against shop workers—the Co-op in Oakwood in my constituency is an example. It will also be welcomed in terms of the service victims of domestic violence receive from the police, as they will have more time to take preventive work and support victims, including my constituent Hayley who came to me to talk about her experience of domestic violence.

It is also estimated that measures in this Bill will free up a huge amount of time within the NHS for clinicians, potentially saving lives as well as making services more accessible and responsive to people’s needs. That is vital as the Government have inherited from their predecessors the longest waiting times in NHS history.

The Bill will also improve the information that regulators receive, enabling a real-time view of how a service is performing. Old models of regulation, where inspectors would go in on a periodic rolling basis, are often insufficient and not responsive to a service’s current situation. We have seen examples in the NHS and education where extremely poor services have not been of a standard that people have a right to expect—there has been abuse in some cases—but regulators’ oversight has not been modern enough to capture that and drive regulatory action.

[Matt Rodda]

I presume that my hon. Friend is moving on to a range of other benefits of AI. Has he considered the importance of AI in supporting medical and scientific research? There is a great deal of evidence to show that the power of AI applied to this area could speed up the development of new drugs and many other treatments. In addition to diagnostics, that is an important aspect of the benefits of AI to medicine, and is not always reported well in the media.

[Jonathan Davies]

My hon. Friend is right. There are tremendous opportunities to anticipate people’s needs throughout their lives and also drive scientific innovation, so that we can live longer and healthier lives. The Health Secretary and other Ministers have been clear that the huge investment that the Government are making in public services must go hand in hand with reform, since change will not be delivered solely by spending more money, and this Bill will help to make that possible.

I am also pleased that the Government will strengthen safeguards on personal data. That is key to ensuring that people have trust in the services that they use, and to preventing those who would exploit personal data from being able to do so. I look forward to following that aspect of the Bill as it progresses through its future stages.

I also wish to touch on the national underground asset register—a national map of the UK’s underground infrastructure. In Derbyshire, people find it so frustrating to find that their street, their road, or the highway that they use has been dug up again by yet another utility company, or another person who needs access to the cables or the infrastructure underground. Not only is that frustrating for people as they try to get around, but it is, I believe, undermining the integrity of the roads that we use and driving our pothole problems. I hope that, combined with our journey to local government devolution, our roads will be another area where people will be able to see a tangible difference.

During the Bill’s passage through the House of Lords, efforts were made to strengthen copyright protections for creators, including artists, photographers, authors, musicians, composers and lyricists. I welcome the work that the House of Lords has done to push those issues further up the agenda. Stronger protections for creators is something that I will always seek to support.

Artificial intelligence has benefits for sectors such as music, yet more transparency from AI firms on the music, art, and literature on which their systems draw is absolutely necessary. Although the technology is new, some of the arguments that we have heard here and today in the wider discourse on this Bill are decidedly not new. I am reminded of the 15th century—although I was not there—when Johannes Gutenberg rolled out his printing press for the first time. People were worried about the effect that that would have on scribes and the monks who transcribed the religious texts. The hon. Member for Perth and Kinross-shire (Pete Wishart), who is no longer in his place, spoke about the volumes of books that we have here in Parliament.

[Alex Sobel (Leeds Central and Headingley) (Lab/Co-op)]

I say gently to my hon. Friend that the difference is that then people understood from looking at the book whether it was printed or scribed, whereas with AI-generated works it is sometimes hard to distinguish, which is why we need labelling and additional consumer protections in this space.

[Jonathan Davies]

I thank my hon. Friend for his intervention. I shall get on to those points when I talk about the consultation that is currently under way.

We need to ensure that the benefits of AI are managed and that our creators are properly protected. This is a £120 billion industry, which employs more than 2 million people. It is an expression of who we are and contributes to our understanding of ourselves and each other, and it takes us on a journey where we can walk in somebody else’s shoes and build a more tolerant, cohesive and engaged society. If we do not get this right, all that is threatened. That would be bad not just for the global stars, the household names and the people whose records, CDs and downloads we have in our homes—

[Mr Frith]

And cassettes.

--- Later in debate ---

[Jonathan Davies]

Yes, and cassettes. It would also be bad for those at the start of their journey. We must cultivate up-and-coming talent and support emerging artists across all those sectors. We have a moral duty to do so and to find an equitable solution, and I commend the work that UK Music has done to point that out.

I know it was not the Bill’s intended purpose to address copyright and AI. The consultation, which closes on 25 February, is under way, and I know the Government do not want to predetermine its outcome because we want to get this right. We need to get it right for the economy and for our culture. Given that this issue has been conflated with those in the Bill, I would appreciate an assurance from the Minister that if we cannot proceed with progressing better protections to ensure the UK’s legal framework for AI and copyright for the creative industries at this stage, we will consider the matter following the closure of the consultation. I look forward to working with Ministers and colleagues across the House to get the best solution possible for our creatives.

--- Later in debate ---

[Steff Aquarone]

Absolutely. There are so many layers upon which data governance, data infrastructure and data practices must be established, and data retrievability is one of the things that sit between those layers and the application or interface that uses them.

[Jonathan Davies]

I understand that one reason why Estonia has a sophisticated tech and AI capability, and a great many protections in how it manages that data, is that it faces a threat from Russia and is keen to ensure that its digital integrity is retained. I am glad that we do not face quite the same threat in this country, but we can learn lessons from Estonia, and I am glad that the hon. Gentleman has raised that.

[Steff Aquarone]

I do not doubt that that was an enabling factor, but one reason why being citizen-focused works so well is that it is much easier to build trust and credibility bit by bit by telling people why doing something differently will be better for them. In that way, we do not end up in the horrendous situation of facing yet another £100 billion abortive IT project that cannot quite establish public trust and collapses. Again, I draw attention to the success of some of our European neighbours.

To go back to examples that are not just about the interface, but about the underlying enabling tech, an exasperated constituent contacted me to tell me how the Department for Work and Pensions had refused to email him. He had asked it to send him details of his conversation with it by email, rather than by letter, to try to save the Government money, and he was told that it had to post this to him by letter because that was how the system worked.

Harnessing the power of data must not, however, come at the cost of our rights or civil liberties. I am very concerned about some aspects of the Bill that have been touched on by other hon. Members, such as the reduced accountability mechanisms for law enforcement when handling data, a potential watering down of our GDPR rights and giving more scope for automated decision making without human oversight, although I have been partially reassured by some of the comments from the Minister, for which I am grateful.

I am also concerned that, along with the provisions in the Bill for creating a digital ID system, there is no equal right to a non-digital ID. Not only does this create concerns about data freedom, but in areas such as North Norfolk, where digital exclusion is higher than in many other areas, I am worried about how many of my older residents will feel comfortable or confident using any digital system. Their rights must be preserved, and their experiences and fears given equal worth.

The Bill seeks to tackle a difficult but very important subject. It is right that the Government venture into data transformation to deliver for all our constituents and make their experiences as citizens interacting with the Government far better than is currently the case. I guess my reservation is about who it is written and working for, and why. I am trying to make sure that this Bill is built not around convenience for the Administration, but around genuinely citizen-centred design principles. The Bill tackles issues such as data handling, but I would like it to start to set out a vision for a data-driven society—I am a bit disappointed in that, as it stands, it could be more ambitious and innovative in this regard—and seek to carve us out as data pioneers among our international peers.

I hope the Government can see the evidence from successful data-driven societies, and I am confident they do. I hope they hear the frustrations of citizens at their experiences, and I think they currently do. I hope they will make this Bill one that can be lauded by future generations as the launchpad that transformed our society.

Edinburgh Festivals: Cultural and Economic Contribution

Jonathan Davies Excerpts

Tuesday 8th October 2024 Westminster Hall

[Jonathan Davies (Mid Derbyshire) (Lab)]

I congratulate my hon. Friend the Member for Edinburgh East and Musselburgh (Chris Murray) on securing this debate, which is important not just for the city of Edinburgh but for the whole country and beyond.

The Edinburgh festivals make a tremendous contribution to the UK economy. They bring people from around the world to perform and experience music, dance, drama, comedy, literature and culture more generally, and I have been lucky to enjoy them on many occasions. We are lucky to have many arts, music, theatre and cultural festivals across the country offering similar opportunities. The International Gilbert and Sullivan festival, which takes place each August in Buxton, near my constituency of Mid Derbyshire, is one such example.

In 2022, it was estimated that the creative industries contributed about £126 billion in gross added value to the UK economy and employed 2.4 million people, but they are so much more than an item on a balance sheet. They are a vital catalyst that enables people to express and explore ideas, and they bring communities together.

The arts are common to every culture since the earliest times; music, the visual arts, dance and drama provide an opportunity to walk in somebody else’s shoes. They build a more inquiring society, and help us to understand who we are and what it is to have somebody else’s experience. They are also a vital educational tool, but far too often they are not a staple in schools and are not something that people have the opportunity to adequately engage with throughout their lives.

One of the most important roles of festivals such as those that take place in Edinburgh each summer—especially the Fringe—is to be an incubator for young performers, who can test new ideas, grow their confidence and build their profile in front of a truly international audience. But the future of cultural festivals across the country, and all they offer, is being undermined, because increasingly young people do not have the opportunities they should have to benefit from a creative education.

There has been an overall decline of almost 50% in the number of arts GCSE entries since 2010, and some schools no longer offer some arts subjects at GCSE level at all: 42% of schools no longer enter any pupils for GCSE music, 41% no longer enter any pupils for drama GCSE and 84% enter no pupils for dance GCSE.

Increasingly, the creative subjects are becoming the preserve of those with the ability to pay. However, talent has no postcode and every young person should have the right to a creative education. That decline matters—for our economy and the UK’s standing around the world, but also for who we are as people and how we understand the world and interact with each other.

I am delighted that the Labour manifesto commits the new Government to supporting children to study a creative subject until they are 16, and that it will integrate a creative industries sector plan as part of its industrial strategy, creating good jobs and accelerating growth in film, music, gaming and other creative sectors. The new Government are also committed to launching a new national music education network—a one-stop shop with information on courses and classes for parents, teachers and children.

The new Government face huge challenges, and they have inherited an appalling legacy from their predecessor. I urge them to keep the creative industries and arts education at the forefront of their thinking as they undertake their work of national renewal.

[Clive Efford (in the Chair)]

Just to warn the two last Members: I will have to drop their time to three minutes after the hon. Member for Edinburgh West (Christine Jardine).

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[The Minister for Creative Industries, Arts and Tourism (Chris Bryant)]

It is a pleasure to serve under your chairmanship, Mr Efford. I should point hon. Members to the Register of Members’ Financial Interests, because I was paid by the Edinburgh book festival a year ago. I note that nobody else has had that to point out.

I will start by paying tribute, as many others have, to Shona McCarthy. She has done a phenomenal job over nine years. She has taken the festival through some of its most difficult moments, and it is striking that 2.6 million people bought tickets this year, which is the fourth highest number in its 77 years. That is absolutely brilliant, and we wish her well.

The Minister—I am sorry, I meant the shadow Minister. We keep on doing this because we are not used to it. I do not think the shadow Minister said that the joke he told was by Mark Simmons—he should attribute jokes. Simmons also had the no. 5 joke, which was:

“I love the Olympics. My friend and I invented a new type of relay baton: well, he came up with the idea, I ran with it.”

[Laughter.] Yes, it was terrible, wasn’t it?

I pay tribute to my hon. Friend the Member for Edinburgh East and Musselburgh (Chris Murray). It is great to have a lot of new friends, especially from Scotland, and we are delighted to see Edinburgh so well represented. I will try an innovative thing, which is to answer the questions that have been asked as much as I can.

My hon. Friend asked about multi-annual financial planning. In so far as we possibly can, we want to be able to give economic stability to arts organisations, just as we do to local authorities in many other parts of the economy. That is one of the things we are driving towards in the spending review. However, I am afraid I must point him to the fact that there will be a Budget at the end of the month, and I can hear my right hon. Friend the Chancellor in the back of my ear already saying, “That’s far enough, Bryant!”

My hon. Friend the Member for Edinburgh East and Musselburgh asked about cross-UK engagement. I want to make this absolutely clear: I do not want to engage in any kind of cultural battles with Scotland, Northern Ireland or Wales. We should be seeing this as a joint venture. The creative industries are a part of what defines this nation across the world, and we will only do well if we work together to achieve the best outcomes for performers, people who might become performers and the industry as a whole.

My hon. Friend makes a good point about visas. I will take that away and think about how we could work most creatively with the Home Office to make sure we get this right. It is not just about people coming into the UK; I also argue that it is about UK acts being able to tour in Europe. I was absolutely delighted earlier this year to go and see Depeche Mode in Cologne. I have never seen Germans so excited; they just can’t get enough. [Laughter.] Thank you.

My hon. Friend made an important point about crisis support. I am worried about the situation that arose, in particular, for the book festival and Baillie Gifford. He makes a fair point about whether that is the right way to go about making important points about climate change. One of the things we need to do as a Department is look at the whole package of the whole funding of all the arts and creative industries, which used to come from five or six different segments, including local government, which was prominent in that when we were in power before 2010. Most of that funding has completely gone, and philanthropy is struggling outside London and the south-east. We need to look at this in the round.

It is great to see the Chair of the Culture, Media and Sport Committee, the hon. Member for Gosport (Dame Caroline Dinenage), in her place, as she always is—she was in your place earlier for a previous debate, Mr Efford. She makes very good points about short lets. The legislation already in place for England and Wales, for which we are now considering how we will implement and take forward secondary legislation, would not apply in Scotland. However, we want to learn some of the lessons of what has happened in Scotland so that we can apply sensible legislation in England and Wales. I thought her point about co-operation was very well made—my hon. Friend the Member for Edinburgh East and Musselburgh made that point as well. It is not just about us: there is a Government in Scotland, and it is also about local government across the whole of the UK. In England, I would argue that it is also about regional mayors, who play a very important part in the creative industries.

My hon. Friend the Member for Edinburgh South West (Dr Arthur) referred to quieter parts of the year. It is a very well-made point. I would also argue that there is an issue about quieter parts of the country. It is all very well getting all the tourists to come to London, Oxford, Cambridge, Stratford, Bath and Edinburgh, but if they do not also go to other places—Stirling, I know, has a very fine castle, because I danced the Highland fling in it when I was 12, I think. Making sure that the benefits accrue to the whole of Scotland and to the wider economy is a really important part of what we need in our tourism strategy.

My hon. Friend the Member for Edinburgh South West also made a good point about a tourism career. That is something we need to take far more seriously as a country. Why is it that somebody who works in a bar in Paris, or in a restaurant in France, Spain, or wherever, thinks that is a career for life, whereas we think it is somehow a demeaning job, which it is not? We need to completely transform that if we are to transform our tourism opportunities so that we get more than 32 million people coming to the UK.

The omnipresent hon. Member for Strangford (Jim Shannon) made important points about Northern Ireland performers—some of the best comedians we have known over the years—coming to Edinburgh and getting an opportunity, and about other festivals. Trying to get the economic possibility for festivals to flourish goes back to the point I was trying to make about the whole package of finances available.

My hon. Friend the Member for Mid Derbyshire (Jonathan Davies)—a former music teacher, no less— made very good points about other festivals. I am not sure about the Gilbert and Sullivan festival—I am worried now that I might get into trouble. I just remember that line from “Trial by Jury”: “She might very well pass for 42, in the dark, with the light behind her”—

[Jonathan Davies]

“In the dusk”.