Lord Maxton debates involving the Department for Digital, Culture, Media & Sport during the 2017-2019 Parliament

Wed 13th Dec 2017
Data Protection Bill [HL]
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Report: 2nd sitting (Hansard): House of Lords
Mon 13th Nov 2017
Data Protection Bill [HL]
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Committee: 3rd sitting (Hansard): House of Lords

Older Persons: Provision of Public Services

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Thursday 13th June 2019

(4 years, 11 months ago)

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Lord Maxton Portrait Lord Maxton (Lab)
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My Lords, I thank my noble friend Lord Foulkes, who has been my good friend and colleague for over 40 years now, for obtaining this debate and introducing it so ably. I should perhaps say at the outset that I am elderly—I could have claimed the free TV licence for the last eight years, but I have not done so—and I am not lonely. I have probably saved the Government about £1,000.

Much of what I want to say has already been said, particularly the points about the transfer of the free TV licence from the Government to the BBC, which I think is wrong. Will the Minister publish in full all the discussions that took place between the BBC and the Government on this issue? That is very important. If he believes that the TV licence will be abolished somehow or other, was that part of the discussion? Did he tell the BBC to take it or leave it—that it was either this or the Government would abolish the TV licence now? I am sorry; the Minister is indicating that he was not part of that discussion. Does he expect the licence to still be in existence 10 years from now? If not, what will replace it for the elderly people who watch TV and to whom it is their one connection?

If the licence does survive, is it not time that we had different rates of payment for that licence? I probably have at least 10 devices in the house, plus two in the car, so it is unfair that I pay exactly the same sum of money for one TV licence as an old age pensioner living on her own with one television in her house. That cannot be right or fair. This tax was introduced right at the beginning of broadcasting by the Government of the time, in 1926 I think, when having just one radio in the house was enough, and was all people had. Now people have a variety of different devices, so should we not have different TV licences based on the number of pieces of equipment people have? I do not know how that would be paid for, but we could have that system, rather than having one TV licence for all, and that being the norm which is expected from everybody. I can afford to pay more, so surely I should pay more, while those who cannot afford the licence should pay considerably less, or it should be free for them. I ask the Government to take that into account when looking at this.

Regulating in a Digital World (Communications Committee Report)

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Wednesday 12th June 2019

(4 years, 11 months ago)

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Lord Maxton Portrait Lord Maxton (Lab)
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My Lords, first, I thank the committee for its very thorough report and its chairman, the noble Lord, Lord Gilbert, for introducing it so ably and with such eloquence. However, I am one of the few Members who disagree with some of what the report says.

First, it is impossible to regulate the internet in a small nation state such as the UK. The internet is international. It is broad and goes across the whole world. Therefore, it is impossible to regulate it within one country. It may be that this is my anti-Brexit speech, but so be it. The fact is that you cannot regulate the internet in one country and one country only. You have to be part of a broader international scene to do that.

Secondly, there is a danger in overregulation of the internet, in that it stifles innovation. Innovation is at the core of all that we do in this matter. On balance, we are probably looking to overregulate the internet in this country—in this country only—and some of these big international companies will simply move elsewhere rather than stay here. Certainly, we must be very wary of overregulating the internet if as a result we stifle innovation, which is so important in the modern world.

Thirdly, if anything, the balance on the internet is in favour of the internet. More good comes out of it than harm. I think the report is negative, to some extent, in that it tends to go overboard on what is wrong with the internet, rather than telling us what is right about it. For instance, I do all my banking—or nearly all of it—on the internet. I do not go to the bank. When I went to my own bank branch recently, which has now closed, I looked around and said, “Oh, you’ve done this up”. One of the clerks said, “Yes, five years ago, Mr Maxton”. I have a Bank of Scotland app, with all of my bank accounts. I transfer money from one account to another, pay by BACS and pay on the internet. When I put my card into a machine at a bank, in a shop or wherever it might be, that too is the internet at work.

Most of the apps I use are simply there to provide a service. I read on a Kindle; I do not read books any more. A lot of authors are now bypassing publishers, going straight to Amazon and asking to write for it directly. If they go to Amazon, they get a greater return. The price is lower than a book, but they do not have to pay a publisher, a bookseller or all sorts of people to advertise it. It is advertised by Amazon and their return is higher. I group my websites and I have three golf clubs, a running club and a rugby club on my apps under “sport”.

Lastly, I say to everybody who produced this report that the one thing that has not been mentioned is “school” or “education”. Perhaps it was briefly mentioned in the report, but schooling is important. Surely that is where this ought to begin. We ought to start there by telling children how to deal with the internet. Instead, we tell them how to make computers, and a small proportion of them may be able to do that. The fact is that we do not tell them about the dangers the internet possibly has—I stress “possibly”. I will finish there, because I am very aware that we want to finish quickly.

Centre for Data Ethics and Innovation

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Wednesday 21st November 2018

(5 years, 5 months ago)

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Lord Ashton of Hyde Portrait Lord Ashton of Hyde
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I am glad to say that there will be. Professor Luciano Floridi is Professor of Philosophy and Ethics of Information at the University of Oxford—so another Oxford man.

Lord Maxton Portrait Lord Maxton (Lab)
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My Lords, is it not correct that the centre’s name is the wrong way round? It ought to be the advisory committee on digital innovation and ethics, because the innovation will drive the ethics rather than the other way round.

Lord Ashton of Hyde Portrait Lord Ashton of Hyde
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The board of the centre will be able to cope with whichever way round the wording is. It will deal with the balance and the tensions between ethics and innovation—and indeed innovation and ethics.

Data Protection Bill [HL]

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Report: 2nd sitting (Hansard): House of Lords
Wednesday 13th December 2017

(6 years, 5 months ago)

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Read Full debate Data Protection Act 2018 View all Data Protection Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 74-II Manuscript amendment for Report (PDF, 72KB) - (13 Dec 2017)
Viscount Falkland Portrait Viscount Falkland (CB)
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My Lords, this is the first time I have intervened on the Bill. I confess that I am one of those who has been lobbied, as suggested by the noble Lord, Lord Moynihan. I will speak about horseracing uniquely, which is different from the kind of doping to which the noble Lord addressed himself. Doping has of course gone on ever since the early 18th century, when horseracing as we know it started to grow into the complicated and well-run sport that it is today. We still have quality racing in Britain, but more importantly to this debate we have the reputation of having the best control by the bodies that deal with racing, particularly the horseracing association.

I have given the association’s concerns some thought over lunch. It said in a brief that was a little too complicated for me to present to your Lordships that it is afraid that if the regulations are brought into the legislation in the way suggested, the very detailed work that it does to prevent the spread and, indeed, to stop the existence of doping in horseracing faces a new hurdle. These days, as in the sports that the noble Lord addressed, all kinds of substances are developed genuinely for good purposes, but criminals are clever people. They get hold of the latest kind of substance that may make a horse go faster, or slower. It is quite easy to stop a horse going very quickly—you just give it a bucket of water—but to make it go faster is a more complicated business.

Maintaining the cleanness of the sport in terms of corruption—it is all about money and betting—is becoming even more complicated because the new technologies and the moving of betting online is complicating it enormously, away from the old days when people went round in slouch hats with a man they employed to administer a substance. The problem the governing body faces is the uncertainty. It is following leads and information all the time—racing is all about information, whichever way you look at it—which is essential for it to get a step ahead of the game as far as the criminals are concerned. I understand from the association’s brief that it fears that, admirable though this Bill may be—I have sat through a lot of it and think it is a good Bill overall—we are creating a hurdle which will make the bodies go by the book. Going by the book—if I may use that expression in this field—would be a slow business. The bodies would be prevented doing the things which they normally do in jumping straightaway into a position where they can prevent whatever doping they have been informed is about, and they would fear infringing what is in the Bill in terms of the duties of the Secretary of State. There would be a need to consult the Secretary of State and the bodies fear the time that that would take. It would be useful if the Minister could give me some idea of what procedures would relate to horseracing and how quickly the bodies could get a line to the Secretary of State to get permission to move more quickly and cut out some of the actions and investigations that they would have to undertake, so that the bird had not flown by the time one got to dealing with the problem at hand. That is the bodies’ main concern as I understood it through my quick lunch—they have a concern in relation to a later amendment which is more complicated, but this one is quite simple.

A lot of hard work goes into this and a lot of success is achieved through the controlling bodies of all sports. That is particularly true of the horseracing authority, because it is essential that one keeps criminals from being able to affect the results of horseraces through doping. I hope that the Minister can help me on that, and maybe they will ask me again.

Lord Maxton Portrait Lord Maxton (Lab)
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My Lords, I shall not follow the noble Viscount, Lord Falkland, down the road of horseracing because I have a confession to make, which is that I have never been in a betting shop in my life as far as I know—unless I was taken in as a very young child. I have three points to make. The first is the question of what sport is, because it is vital to the amendment—which I will be supporting. Darts and snooker are considered sports. They are therefore covered by any legislation relating to sport. You have only to watch “Strictly Come Dancing”, however, to know that a lot more physical activity is involved in dancing than in either darts or snooker, yet dancing is not covered by this legislation because it is not considered a sport.

Secondly, there are differences in the drugs taken by snooker players, for instance. A snooker player would be banned if he took a beta blocker, because a beta blocker slows the heart down, slows the pulse down and slows everything down, but if any other athlete took it, it might be for medical purposes—although it would not be to his benefit or advantage to do so.

Thirdly, I gather that under this country’s present doping laws recreational drugs are banned by all sporting bodies and the UK sports drugs authority. In some countries, however, it is legal to take, for instance, cannabis—to be honest, I am one of those who think it should be legal in this country as well; it should be part and parcel of the legal system that we allow people to take cannabis. But it would be banned. If it is illegal—this question may be one for the noble Lord, Lord Moynihan, directly—and an athlete comes to this country to take part in an international event, be it football or whatever, from a country where it is legal to take cannabis, and if he has taken cannabis in the last 24 hours and it shows up in a drugs test, will he be banned from taking part in that event? Some countries allow it. Why are recreational drugs part of that authority anyway? It is a police matter in this country, not a matter for sporting bodies, therefore we ought to take recreational drugs out of the equation altogether.

Lord Stevenson of Balmacara Portrait Lord Stevenson of Balmacara (Lab)
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My Lords, the Government must be quaking in their shoes whenever a Back-Bencher offers to come to their help. I looked across at the Dispatch Box when I heard the noble Lord, Lord Moynihan, make that offer and I saw a definite quiver come over the Minister’s face. Clearly, we are in for something rather interesting. We were entertained by the noble Viscount, Lord Falkland, with his worries about the BHA, but he said he thought that it is really quite simple at the end of the day—we need to keep the money out and sort out the betting influences that are affecting all our sports. He is absolutely right. The public have come to the end of their tether and it is time that we got this sorted: we have to keep sport clean and eliminate cheating. The data is key to this, as the noble Lord, Lord Moynihan, said.

We expect a great deal of our athletes in terms of their whereabouts and their strict liability, so we have to make sure that the systems under which they operate are fair, properly organised and regulated. In short, we have such high stakes in this that we have to be sure that we up our game—I am sorry about the puns. We should be clearer than we are at the moment about who has responsibility for what and how it is operated, and that is what this amendment is about. DCMS needs a stronger NDPB, in the form of UKAD or a successor body, and there needs to be an authority exercised with care and consideration as to how the rules will apply and to whom they apply. All these definitional points, all the concern about where it goes, are tied up in that set of constructs, which is what this amendment deals with. I think it is very powerful.

If noble Lords look back at the way in which a state was able to influence the way that the drug-testing system operated in the winter Olympic Games in Russia, they will understand how this thing has got to a new level of concern. We must have appropriate safeguards and ways of operating in place to insulate those who are trying to do the right thing from the charge that they are involved too closely. The public will stand for no less. I recommend this amendment very strongly and we will support it should it be necessary to take it to a vote. I hope that that will not be necessary, because as the noble Lord, Lord Moynihan, said, this is an area of such importance that the right thing to do would surely be for the Government to accept this amendment today and bring it back at Third Reading with a proper wording and proper consideration that will reassure any who still doubt it. In the interim, we will support it if necessary.

Data Protection Bill [HL]

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Lord Moynihan Portrait Lord Moynihan
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I hear what my noble friend says. I recognise that the wording may need to recognise any successor body to UKAD, but the importance of putting UKAD in the legislation now arises from the fact that it is an arm’s-length body accountable to Parliament; that it is honour bound—and, indeed, legally bound, at the moment, through the Secretary of State—to deliver the requirements of the UNESCO International Convention against Doping in Sport; and it is the recognised and funded body in this country. It would be possible to add “and to any successor body” to my amendment.

Lord Maxton Portrait Lord Maxton (Lab)
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My Lords, how does the noble Lord define sport? That is a major question. For instance, in snooker, which I believe is defined as a sport, it is recognised that beta blockers are a banned substance whereas in other sports they would not necessarily be banned. Dancing is not defined as a sport although it demands very much more activity than either darts or snooker, which is a sport.

Lord Moynihan Portrait Lord Moynihan
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The noble Lord raises an issue that could well keep the Committee late into the evening and indeed has taxed the minds of many individuals both inside and outside this Chamber. For example, if we consider sport to require physical activity and competition, gardening at the Chelsea Flower Show might well be covered by that broad definition. I hope that my noble friend in sport, and indeed the noble Lord, will forgive me if I do not pursue that path. However, I did say at the outset that there is an important issue here in that we need to define what the Government mean by sport in their amendment, because it is unclear to many people outside this Chamber—and oft debated—what exactly a sporting activity is.

I shall close by touching on the performance-enhancing substances listed in the World Anti-Doping Code and why I believe it is critical that we should cover those. I have reservations about exempting sports bodies from requiring sensitive personal data from athletes simply because they are deemed to be “contrary to the spirit of sport” or, while legal, “could cause harm to an athlete”. My objective has always been focused on tackling doping in sport and I believe that it may go too far to seek an exemption for these additional categories. However, I remain open to persuasion by the Minister on this issue and will listen carefully to both UKAD and to the UK governing bodies of sport if they feel otherwise. If so, in a future amendment we will need to be specific about exactly what we mean by the “spirit of sport” by defining it in primary legislation and being clear about who determines what does cause “harm to an athlete”, and why such protection from the GDPR rights is appropriate in that context.

On the final question of gender, this is a probing amendment since the current position in UK law is that competitive sports men and women who have undertaken a change in their gender are currently prohibited from participating in certain competitions under the Gender Recognition Act 2004. As a result, an athlete who changes their gender would be subject to the onerous sanctions in this Bill if in the process of any medical treatment to assist their change-in-gender process they used banned performance-enhancing substances. This is not unusual where testosterone is prescribed.

In conclusion, I hope that this is the beginning of a legislative path where those who knowingly cheat fellow athletes out of their careers, recognition, selection or financial gain by taking a cocktail of banned drugs are recognised for what they are doing—namely, committing fraud. We also believe that tailor-made legislation should be put in place to criminalise that activity, as it is in every other sphere of life. UK Anti-Doping has the national duty to ensure that all sports comply fully with anti-doping policies and procedures. Under its new chair, Trevor Pearce, its new director of communications, Emily Robinson, and its CEO, Nicole Sapstead, I believe that an effective team is now in place who recognise that a globally leading NADO has to be well resourced, truly independent of the governing bodies of sport and granted additional powers. My amendments to the Bill begin to provide it with the tools it needs and I believe that it is best positioned to lead the campaign. This legislation should make it unequivocally clear that that is the case because that is the best way of protecting the interests of athletes. I beg to move.

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Lord Stevenson of Balmacara Portrait Lord Stevenson of Balmacara
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My Lords, once again your Lordships’ House is very grateful to the noble Lord, Lord Moynihan, for raising this issue and, as the noble Lord, Lord Clement-Jones, said, for doing so in such a comprehensive way. It is in the context of the much wider range of issues that the noble Lord, Lord Moynihan, has been pursuing regarding how sport, gambling and fairness are issues that all need to be taken together. We have been supporting him on those issues, which need legislation behind them.

Noble Lords may not be aware that we have been slightly accused of taking our time over the Bill. I resist that entirely because we are doing exactly what we should be doing in your Lordships’ House: going through line-by-line scrutiny and making sure that the Bill is as good as it can be before it leaves this House. We saw the noble Lord, Lord Moynihan, at the very beginning of Committee and he then dashed off to Australia to do various things, no doubt not unrelated to sport. He has had time to come back and introduce these amendments—but, meanwhile, the noble Lord, Lord Clement-Jones, and I were debating who was going to pick the straw that would require us to introduce them. We were very lucky not to have to do so because they were introduced so well on this occasion.

Our amendment in this group is a probing amendment that picks up on some of the points already made. It raises the issue of why we are restricting this section of the Bill to “sport”—whatever that is. If we are concerned about performance enhancement, we have to look at other competitive arrangements where people gain an advantage because of a performance-enhancing activity such as taking drugs. For instance, in musical competitions, for which the prizes can be quite substantial, it is apparently possible to enhance one’s performance—perhaps in high trills on the violin or playing the piano more brilliantly—if you take performance-enhancing drugs. Is that not somehow seeking to subvert these arrangements? Since that is clearly not sport, is it not something that we ought to be thinking about having in the Bill as well? I say that because, although the narrow sections of the Bill that relate to sport are moving in the right direction, they do not go far enough. As a society, we are going to have to think more widely about this as we go forward.

Lord Maxton Portrait Lord Maxton
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I am slightly confused by what is a performance-enhancing drug. We have seen athletes and other sportsmen banned in this country for taking what I would call non-enhancing drugs: in other words, cannabis or whatever it might be. In that case they are not performance-enhancing drugs but the reverse of them—yet people can be banned even if taking them is deemed legal in the country where they do so. Even if it is legal to take cannabis, the drug can still be deemed a banned drug by the anti-drug authorities.

Lord Stevenson of Balmacara Portrait Lord Stevenson of Balmacara
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My noble friend is quite right. He has obviously been careful to make sure that he has no personal experience of what he talks about and I would like to make it clear that I have none, either. But it is a very tricky area and we are wrong just to dance around it with the idea that we are somehow doing something important in relation to a particular aspect of drug enforcement.

To do this properly, we need a much clearer approach. I realise that I am in danger of rising above the detail here and going back to my high plain of intellectual approach to the Bill for which I have already been criticised—but I hope that when the Minister responds we can get somewhere on this. A meeting on the particular narrow points raised by the government amendment and by the noble Lord, Lord Moynihan, is required. It would be helpful to see the context in which this might operate. I would be happy to attend such a meeting should that be the case.

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Lord Moynihan Portrait Lord Moynihan
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First, I thank the noble Lords, Lord Stevenson and Lord Clement-Jones, for offering to stand in for me at the last Committee sitting. I was in my place for the first sitting, when we were expecting to reach this amendment, but regrettably had to travel to Australia on two occasions in the last month, only returning about four and a half hours ago. I apologise if I was not as lucid as I would like to have been, and I am very grateful to them for offering to assist if I had been absent again.

I will respond very briefly to a number of points raised. In response to the noble Lord, Lord Maxton, I took into consideration the question of what is a performance-enhancing drug and have suggested, in my amendment, that it should be a drug listed under the WADA—World Anti-Doping Agency—code as a performance-enhancing drug and part of the World Anti-Doping Code. I know this is a contentious issue and that there is an issue about what should or should not be in that code. Indeed, I have many reservations about a number of the drugs in it, which I do not see as performance enhancing, but it is the best international definition at the moment for sport and is used by the International Olympic Committee.

Lord Maxton Portrait Lord Maxton
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As a result of the answer given to me by my noble friend, I have looked this up. It says:

“Use of recreational or social drugs is banned in sport”,


even though they may be,

“detrimental to sporting performance and result in a positive test result weeks later”.

It is not just drugs that enhance performance that are banned but those which do not enhance performance.

Data Protection Bill [HL]

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Monday 6th November 2017

(6 years, 6 months ago)

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Finally, I turn to recent Amendments 21A and 66A tabled by the noble Lords, Lord Clement-Jones and Lord Paddick. As we have heard, article 9(1) of the GDPR prohibits the processing of sensitive categories of data, including biometric data which can be used to identify someone, unless the conditions in article 9(2) can be satisfied. As the noble Lord, Lord Clement-Jones, explained, article 9(4) allows the UK to introduce further conditions with regard to the processing of biometric data. These amendments propose to do that by creating a new part in Schedule 1 dealing with the processing of biometric data to make it clear that biometric data can be processed where it is used as a security feature to access a service that the data subject has chosen to use. As the noble Lord explained, many of us are familiar with the verification devices on mobile phones and computers which allow the user to access the service using fingerprint recognition.
Lord Maxton Portrait Lord Maxton (Lab)
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I have fingerprint identification on my mini iPad, but I also have a password. Sometimes the fingerprint will not work, and you have to use the password.

Data Protection Bill [HL]

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Monday 30th October 2017

(6 years, 6 months ago)

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Lord Knight of Weymouth Portrait Lord Knight of Weymouth (Lab)
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My Lords, I broadly support what these interesting amendments are trying to do. I declare my interest as a member of the board of the Centre for Acceleration of Social Technology. Substantially, what it does is advise normally larger charities on how to best take advantage of digital to solve some of their problems.

Clearly, I support ensuring that small businesses, small charities and parish councils, as mentioned, are advised of the implications of this Act. If she has the opportunity, I ask the noble Baroness, Lady Neville-Rolfe, to explain why she chose staff size as the measure. I accept that hers is a probing amendment and she may think there are reasons not to go with staff size. The cliché is that when Instagram was sold to Facebook for $1 billion it had 13 members of staff. That would not come within the scope of the amendment, but there are plenty of digital businesses that can achieve an awful lot with very few staff. As it stands, my worry is this opens up a huge loophole.

Lord Maxton Portrait Lord Maxton (Lab)
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I entirely agree with my noble friend. The point I was going to make is that small companies are often very wealthy. In the global digital world that is the fact: you do not need the same number of employees as in the past. Equally, would the amendment apply to five employees globally, or just in this country?

Lord Knight of Weymouth Portrait Lord Knight of Weymouth
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Certainly if the amendment were to have any legs in terms of using the number of employees as a parameter then that would have to be defined. However you chose to define the size of an organisation, you would need to explore how to work that out.

Digital Understanding

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Thursday 7th September 2017

(6 years, 8 months ago)

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Lord Maxton Portrait Lord Maxton (Lab)
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My Lords, you will note that I have basically torn up my speech. If you are number 17 on the list, most of what you want to say has already been said. First, I would like to thank the noble Baroness, Lady Lane-Fox, both for her speech and for introducing this debate. Her speech was very good, if slightly depressing. I have already used the intranet and the internet at least twice today: I used the intranet to book a table in the dining room and I drew money out of a cash machine, which uses the internet, as we all know.

I have three political points to make. I am a politician and delighted to be called one, but I do not think that politics is keeping up with the change that is taking place in our society at the present time. In education, in the health service, in shopping, in whatever else it may be, the internet is becoming more and more important. Education was my field before I became an MP. I read education debates, and neither the word “computer” nor the internet is ever mentioned. Why? Surely we ought to be involved in that discussion. The computer and the internet ought to be transforming our education policy. I listened to the First Minister of Scotland, and she never mentioned it. It was never part of her policy.

We want to spend more money on the health service. Good, but on what? What is our health policy? Should we be connecting everything together by computer and by the internet? In the area of genetics, for instance, you can move forward only by connecting all the various computers together and making them all work on the same policy and issues. Why are we not doing that?

The internet is transforming our society and the way we work, yet our political parties—despite what the Liberals might say, and I will come to that in a moment—are not keeping up with the transformation that is taking place. They are not moving with the times. In part, this is due to the fact that our democratic process is a five-year process, whereas the process of planning for the internet, science and technology looks forward 20 years. The noble Baroness, Lady Lane-Fox, raised that issue.

I will finish with one last point, which comes back to ensuring that everybody has access and which will make the Liberal party wake up. The only way you can ensure that everybody has access to the internet and the skills needed is by introducing a smartcard or an ID card—whatever you like to call it.

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Lord Clement-Jones Portrait Lord Clement-Jones (LD)
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My Lords, may I be the 31st speaker to congratulate, quite justifiably, the noble Baroness, Lady Lane-Fox, on initiating this debate and on the way she introduced it? This has been a really important debate and of course it has stimulated terrific contributions from all sides of the House. I declare the interests in the register in relation to ombudsman services, Queen Mary University of London, the AI Select Committee and the all-party AI group, all of which seem to have coalesced in this debate, which is a very strange experience.

There have been some very powerful and well informed speeches today on skills, on infrastructure and on inclusion. I am not going to go over that ground: it was extremely knowledgeable and I agree with a huge amount of what has been said, particularly on the state of our infrastructure. I recommend that the Minister take his holidays in Estonia in future, rather than with the noble Earl, Lord Cathcart: that might be a sensible solution.

Lord Maxton Portrait Lord Maxton
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The noble Lord is aware, of course, that Estonia insists on every citizen having an identity card, which is a smart card.

Lord Clement-Jones Portrait Lord Clement-Jones
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I was going to deal with the noble Lord, Lord Maxton, later, but if he talks to the Government Digital Service about blockchain technologies, he might find that the technology in the Verify software will move into blockchain and therefore there will be no need for identity cards. I am very happy to give him a little instruction later.

I entirely agree with the noble Baroness, Lady Lane-Fox, and the noble Lord, Lord Janvrin, that we need to look at the broader issues relating to digital understanding. Indeed, doteveryone has a very interesting agenda, bringing to our attention that we cannot simply compartmentalise some of these issues—that is why we have had such an interesting debate today. The noble Lord, Lord Giddens, reminded us about the pace of change and the fact that we are in a new world, with digital technologies opening up new opportunities around prediction, machine learning, the internet of things and the use of algorithms. We need to take action, as the noble Baroness urged, on digital understanding. It impacts on our lives and affects the choices we make as citizens, and the decisions that are made about us and for us by businesses and government bodies, particularly in ways that affect us financially.

The noble Baroness, Lady Greenfield, made an extremely important point about the impact of immersion in the screen world. We need to understand the impact that is having on us.

Of course, there are also very strong positives, as the noble Lord, Lord Berkeley, reminded us, as did the noble Lord, Lord Patel, in terms of healthcare. We must ensure as we experience the “fourth industrial revolution” that we know who has power over us and what values are in play when that power is exercised, including in terms of social media and fake news, as the noble Lord, Lord Black, reminded us. Of course, that includes us as parliamentarians and public servants, as my noble friends Lord Kirkwood and Lord Scriven reminded us. It is vital for the proper functioning of our society and, as the Government declare in the context of their statement of intent on the new data protection Bill, for the maintenance of public trust.

The Government’s digital strategy touches somewhat on the issue of digital capability but we need to go much further. There are three crucial elements I will briefly highlight in this context. The first is the need to understand the power of big data and what is known as data capitalism. I think the noble Lord, Lord Sugar, would refer to it as “Big Brother syndrome”. What is being collected, when, what is it being used for—as the noble Lord, Lord Mair, said—how reliable is it and who is it being shared with? How long is it retained and when can it be expunged? What is the impact on those who are not of an age of majority? Many of us, having worked on the Digital Economy Bill and about to work on the new data protection Bill, will not have a readily available answer. I am sure the Minister will enlighten us.

We need to be able to look beneath the outer layer of the tech giants, as many noble Lords today have reminded us, to see what the consequences are of signing up to their standard terms. What redress do we have for misuse or breach of cybersecurity or identity theft? What data are they collecting and sharing? I believe very firmly, as my party does, in the need for a digital Bill of Rights so that people’s power over their own information is protected.

Secondly, we need to understand the impact—sometimes beneficial but also sometimes prejudicial—of AI, machine learning and the algorithms employed on the big data that are collected. The noble Lord, Lord Rees, reminded us about chatbots, a growing feature of our lives: semi-autonomous interactive computer programs that mimic conversation with people using artificial intelligence.

On algorithms, I recommend Cathy O’Neil’s recent book Weapons of Math Destruction as autumn reading. The potential for bias in algorithms, for instance, is a great concern. How do we know in future when a mortgage, grant or insurance policy is refused that there is no bias in the system? I have argued on a number of occasions for ethics advisory boards when those algorithms are employed in the corporate sector. There must be readily understood standards of accountability, and with these go explainability and transparency, remediability, responsibility and verifiability. A whole raft of different areas needs addressing. The concept of accountability, and with it responsibility and remediability, in particular, means that our complaints and dispute resolution systems must be fit for purpose. That means being readily accessible and understood. If ombudsman schemes are to continue to be effective in improving business practice and in tackling consumer detriment, their role and capabilities must change. These schemes must understand and engage with fairness in an emerging digital world.

Finally, there is the need for young people starting in higher and further education to have the tools to understand the challenges of the future and the skills they will need. We have had very important contributions on the secondary sector. What skills will be in demand in the future? The Royal Society in its Machine Learning report makes a strong case for cross-disciplinary skills. Other skills include cross-cultural competency, novel and adaptive thinking and social intelligence. We need new, active programmes to develop these skills. To be able to make career choices, young people need to have much better information, at the start of their working lives, about the growth prospects for different sectors. We are going to need skills in creativity, data usage and innovation, but we may well not need quite so much in the way of analytical skills in the future because that may be done for us. In the face of this, young people need to be able to make informed choices about the type of jobs which will be available. The noble Lord, Lord Aberdare, and the noble Baroness, Lady Harding, made that point.

It is vital that we treat AI as a tool, not as a technology that controls us, and the greatest priority of all is the need to ensure public understanding. Public awareness of AI and machine learning is extremely low, even if what it delivers is well recognised. We then have to go through the question of what kind of values we want to instil in our new technology. The noble Baronesses, Lady Kidron and Lady O’Neill, raised this point. We cannot be cyber romantics—an extremely good phrase in the circumstances; we need to establish what the noble Baroness aptly called a “digital civilisation”. We do not yet have consensus on that, but I hope that as we work on, develop and debate the Government’s digital charter we will be groping our way towards some kind of understanding of what the future world should look like.