Digital Economy Bill

Lord Storey Excerpts

2nd reading (Hansard): House of Lords
Tuesday 13th December 2016 Lords Chamber

[Lord Storey (LD)]

My Lords, Article 19 of the United Nations Convention on the Rights of the Child confers upon children the right to protection from all forms of physical and mental violence and abuse. I want to look at this in relation to the Digital Economy Bill. I guess that neither Berners-Lee nor the signatories of that convention could have predicted the degree to which technology has become such a significant part of the daily life of children and young people—a transformation which has brought both benefits and real vulnerabilities. With the introduction and increased availability of internet-enabled smartphones, the nature of children’s engagement with the digital world has been transformed. Children can have constant access; they are able to communicate and to access online material free from parental supervision. Of course the internet can empower children and young people, giving them opportunities to learn, explore the world around them, access information, have fun and socialise with their peers, but going online can also pose a significant threat to the protection of children’s rights by exposure to online grooming, cyberbullying and inappropriate violent or sexual content, and the distribution of child abuse images. We must always be vigilant in our efforts to protect as many children as we possibly can.

That is why I welcome an age-verification requirement on pornographic sites, but it must be an age-verification system that works. I have seen at first hand, as a head teacher, how young children, encouraged sometimes by older brothers and sisters, have joined inappropriate sites and, whether through bravado or innocence, regularly visited them and then bragged about it to their friends. The harmful effect to young minds of seeing, for example, a pornographic enactment of rape, is unimaginable. The National Society for the Prevention of Cruelty to Children was set up to ensure that any form of cruelty does not occur to children. Now, in a digital age, it sees the danger of these sites to young children and young minds. As we have heard, its research shows that 53% of 11 to 16 year-olds have seen explicit material online, and almost all of them by the age of 14. That is 94% of all children. Often, this material is stumbled upon through, for example, pop-up advertisements. More than half of young people in the research reported accessing pornography inadvertently. This easy access to pornography has harmful effects on children and often leaves them upset and confused. Childline has seen a 60% year-on-year increase in the number of counselling sessions with children left worried after seeing pornography. The Government are right to say that a tick-box exercise is not sufficient and that an age-verification procedure that works is required to ensure that children are safe and protected—and if we can get anonymity, even better.

I agree with the noble Lord, Lord Stevenson, that sex and relationship education in our schools is vital. It seems slightly bizarre that the Government are rightly concerned about young people accessing pornographic sites while, at the same time, presiding over an education service in England that allows schools not to teach sex and relationship education.

I want to raise two other issues that affect children. Currently, a large number of families are entitled to claim free school meals. For each pupil receiving a free school meal, the school receives the pupil premium to provide extra support for pupils who need it. Many families do not claim this entitlement, for a number of reasons: ignorance of the fact that they need to apply for it, language difficulties, stigma or perhaps a chaotic home environment. In this digital age, why cannot local authorities alert schools to families that would be eligible for free school meals, allowing for auto-registration rather than the need to apply? That would mean that more children would be eligible for a nutritional free meal, saving families up to £400 a year. At the same time, school budgets, which are stretched, would get an extra £1,320 per pupil, per year. As Russell Hobby of the National Association of Head Teachers said, auto-registration for free school meals would ensure that,

“more children would get the support they are entitled to”.

I also add my voice to those expressing concern at the positioning of UK children’s programmes on the electronic guidance system, as my noble friend Lord Foster said, behind a battery of American cartoon channels.

Finally, from a region which is rich in TV, film and television production, I welcome the Government’s decision and plans to repeal Section 73 of the Copyright, Designs and Patents Act. Considerable harm is being done to the industry by companies live-streaming the content of PSBs, placing their own advertisements around them and monetising that content, and, of course, taking funds away from further investment in the UK’s creative economy. The Government have talked about transitional arrangements in the repeal of Section 73. Perhaps, as has already been said, the Minister could tell us in his reply what these transitional arrangements are.

Digital Economy Bill

Lord Storey Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Thursday 2nd February 2017 Lords Chamber

[Lord Storey (LD)]

My Lords, I welcome the wise words of the noble Baroness, Lady Kidron. I also want to pay tribute to the work that the noble Baroness, Lady Howe, and my noble friend Lady Benjamin have done on this area. I well remember my noble friend Lady Benjamin almost doorstepping the former Prime Minister David Cameron to get something done on this area. He agreed that action would be taken.

I spoke on this at Second Reading—not in any technical way because I am not a particularly technical person; I spoke as a head teacher of 20-odd years on the harm that pornography potentially does, and is doing, to young people. We are rightly always concerned about the safeguarding of children and young people. We put in place all sorts of safeguarding procedures, yet we seem to find all sorts of reasons why we cannot do anything about pornography. Many young lives, frankly, are being corrupted in the pure innocence of childhood as they follow an older brother or sister, a friend or a mate, who might say, “Oh, have a look at this”. Once they get involved in this, it does immeasurable harm, not only to the child but to their view of women, for example.

A young child of 12 or 13 on the internet, perhaps by accident, perhaps by a dare, perhaps encouraged by another person, watching female rape enacted—this is not something I want to be part of. I do not want a society that allows that to happen. It is important, and my noble friend Lord Paddick is right to say, that we should be effective in what we do. He also said that if children are determined they can access this, no matter what we put in place, but that is not a reason not to do something. The vast majority of children will do something. If somebody is determined to do something, they will always be able to do it. I hope that will not be a reason not to do something. I am relaxed about our having a look at this to get it right. I know it whizzed through the Commons, but even at this late stage I am relaxed about making sure that every “i” is dotted and every “t” is crossed in the interests of young people.

[Baroness Byford (Con)]

My Lords, I spoke at Second Reading on this aspect of the Bill. I was one of the people who said very clearly that I should much prefer not to have pornography of any sort on any website, because the world would be much better without it. The previous speaker is quite right. The influence that modern communication has on young people is devastating. In some families, it really has been disruptive and led to unfortunate consequences within them.

I welcome the Minister’s statement that they will take this away, think about it and come back again. I reiterate my dismay that again we have another very important Bill from the Commons that really has not been dealt with in the proper manner. I hope that in future the Commons will be allowed more time or will organise itself so that it can do the job it should and can do, and not leave it to this House to be the one saying, “Hang on”.

If you look at the number of amendments tabled to this one Bill, it reinforces the whole position that my noble friend the Minister must deal with, which in many cases should have been dealt with before. I am an old hand here and still feel strongly about this. I do not complain that my right honourable friends at the other end have not had the opportunity to do this—that is how the system works. However, we go on, year after year, saying the same thing and it is high time we got to grips with this. I would like to push a little further on the Minister’s response earlier that the Government will look at this: it is hugely important that they do.

I have slight concerns about Ofcom being perhaps one of those who should undertake this. In some ways, Ofcom is not always as robust as I would like it to be, which is perhaps unfair. Secondly, we certainly need to identify in the Bill before it leaves our House exactly what is to happen: who the enforcer is where there are dual splits within what we seek to do in the Bill. The Bill is hugely important and I hope that the Government will, as they have already indicated, take it away after Committee and think seriously about it. I would hate to think that some of the final detail will come through in secondary legislation, which we cannot alter. We need to get this into primary legislation. I support the comments made by other noble Lords and look forward to the Minister responding and, I hope, being able to take it away and come back, even if that means it happens a little later. It is much better to get it right later than to leave it in its current form.

Digital Economy Bill

Lord Storey Excerpts

Committee: 2nd sitting (Hansard - continued): House of Lords
Thursday 2nd February 2017 Lords Chamber

We believe that this response completely misses the point about where this education should take place. It is not just a technical question about online safety; it should be taught by professionals who are able to explore the importance of sex in the context of strong, mutually respectful relationships. This is why we believe the right place for this education is as part of a compulsory sex and relationships curriculum. Most experts, parents, teachers and children agree with us. Therefore, I beg to move the amendment.

[Lord Storey (LD)]

My Lords, I added my name to the amendment. I find it bizarre that we have spoken for a couple of hours now about the dangers of internet pornography, and we have rightly worried about sexting, the harm that inappropriate images would cause to children, and about possible dating sites, but when it comes to educating children and young people we wring our hands and walk away from it. I do not understand that. Any parent would want their children to know what is going on. As the noble Baroness said, any child would want to have professionals talking these issues over with them and educating them about them.

Children need to be taught about the dangers of meeting people online, the risks of dating apps, the consequences of sexting and the problem that young girls feel they have to look and appear in a certain way. No wonder the levels of anxiety and depression among teenage girls are, as we have heard, the highest ever. Research by the DfE—not some distant organisation, but the Government’s own department—found that 37% of girls feel miserable and worthless. That should not be happening in 2017. What on earth is going on? There are frightening levels of self-harm, with a 52% increase in the number of admissions of self-harming children under the age of 16.

I congratulate the noble Lord, Lord Stevenson, on putting down this amendment. He and many Members of this Chamber—on the Government Benches, on the Opposition Benches and on the Cross Benches—know that we have raised this issue over and again. During all the time that we have pressed for such a measure to be introduced, the Government have shrugged their shoulders and said, “Well, you can do it”. Yes, it is compulsory in maintained schools, but it is not compulsory in academies or free schools. As academies now make up more than 70% of our secondary schools, there is real concern about what is happening with sex and relationship education.

It is interesting that Ofsted found in 2013 that 40% of schools that offered sex and relationship education required improvement or were inadequate in their provision of it. Even though schools provide the subject, there is real doubt about the quality of that provision. The noble Baroness was right that it has to be properly taught and that we have to ensure that the syllabus is of the highest possible level.

I want to cite a couple of other figures which highlight how worrying this whole issue is. In 2016, a parliamentary report found that almost a third of 16 to 18 year-old girls had experienced touching at school, while 70% of 11 to 15 year-olds in England said that they believed sex education should be compulsory, and a whopping 94% said that they wanted to learn about the risks and consequences of sharing pictures with people online or on social media. Our own children want us to make this subject available at school. Will we not listen to them? Barnardo’s research shows that three-quarters of young people believe that sex and relationship education would make them feel safer.

What are the arguments against? It used to be, “Well, this is for the parents to do”. The argument that I now hear raised from time to time is, “Well, we couldn’t really force faith schools to teach sex and relationship education, because some aspects of it might go against their own religious belief”. Really? I just do not accept that. Faith schools do a hugely important job in our society, but part of that job must also be protecting our young children. I and my party wholeheartedly support this amendment.

[Baroness Kidron (CB)]

My Lords, since the Bill introduces age verification, it follows that children must be informed users. Not only does that make it more likely that they observe it but it would give teachers the necessary opportunity to discuss what they might find a difficult subject. Like others, I believe that this is a tiny part of a broader picture.

As some noble Lords know, I regularly speak in schools about pornography but more broadly about young people and their relationship to the internet. I have to report to the Committee that they have a palpable appetite for better digital education, not only SRE but a much broader digital education. By that, they mean a comprehensive understanding of the purposes and methods by which platforms and businesses interact with them, their rights as consumers and citizens and their urgent desire for some code of conduct. Interestingly, they want a code of conduct that covers their behaviour to each other. They also want a code of conduct that would determine the behaviour of businesses and platforms towards them. Above all else, you find what they want is a single moral landscape that recognises that the distinction between online and offline is completely immaterial to them.

Part 3 of the Bill deals with a single issue and this amendment deals with a narrow piece of learning. But the young people I speak to yearn for more. They repeatedly complain that e-safety is narrow, repetitive, badly delivered, and comes in the wrong lessons and from the wrong teachers. Although they themselves have fast fingers, many if not most have little idea of the workings of the technology they are using, let alone the full gamut of risk, from fake news to fake friends. A young person who can spot spam without clicking, is one less likely to see the unwanted adult sexual content that is our subject today. A young person who is knowledgeable about the way their personal data are collected is less likely to make bad decisions about what, where and when to give them up.

Children are not simply the objects of our concern; they are participants in their own good outcomes. We must learn to listen to their stated needs, not relentlessly pursue an adult agenda. I direct the Minister to the recent report of the Children’s Commissioner, Growing up Digital; to the report published this week, The Internet on our Own Terms, which captures the policy recommendations of young people; and to the evidence collected by the Communication Committee’s inquiry “Children and the Internet”, all of which has a great deal to say about the value, nature and scope of the education that children need.

In supporting this amendment I ask the Minister not only to recommend it to colleagues, but to listen very carefully to young people about the scope of the learning and the manner of teaching that they feel makes them secure and able users of the internet, which ultimately will help them to be contributors to the cultural shift that must accompany the legislation that is in front of us.

Digital Economy Bill

Lord Storey Excerpts

Committee: 3rd sitting Hansard - continued): House of Lords
Monday 6th February 2017 Lords Chamber

[Lord Collins of Highbury]

Are we dealing with Amendment 81ZA? I would hate to give the wrong speech on the wrong group, although I suspect that noble Lords would notice. I have been in other forums where people have not noticed, but that is another matter.

Amendment 81ZA focuses on the extension of sharing objectives to include the electoral register. A number of amendments in this group address concerns that have been raised about living in cold homes or school meals provision: basically, how we make this sharing of data more effective. I have no doubt that the Minister will say in response that the Bill will allow for this, but we want to raise on the Floor of the House the importance of these extensions of sharing objectives to the overall, broad objectives set out in Part 5.

Focusing on the electoral register, we know that the Electoral Commission has said that up to 1.9 million people could lose their right to vote as we transition to the individual registration of electors. Of course, until 2009 one person in each household completed the registration for every resident eligible to vote. It was a Labour Administration who accepted the principle, and there may be very good reasons, but the way the changes are introduced could be a disaster for our electoral system. That is why it is fundamentally important that we see data sharing as a positive way to address this potential effect on our democratic system. My noble friend Lord Stevenson has tabled an amendment to the higher education Bill that seeks to enhance the responsibility of higher education institutions to remind students of their right to register to vote—and particularly to decide where to vote. In this amendment we are trying to ensure that institutions have proper powers to share data to that end.

It must be understood that this transition to individual registration has put a huge burden on cash-strapped local councils, who need to contact 46 million people instead of 20 million. Some people have been unable to register, many of them because they simply do not have the required access that they would previously have had. This amendment focuses on people who are vulnerable, who need help, or who have not previously taken up their rights, perhaps because they do not have the necessary access or are not fully aware. That comes back to the issues—many other noble Lords will pick up the point—of fuel poverty and access to free school meals. The right to free school meals is important not only for the individual child—for the benefits the child will get—but for the funding of the educational institutions. I hope, therefore, that the Minister will accept these amendments, which are about ensuring that we can do these things and that these issues are addressed, even if he does not think that they should necessarily be in the Bill.

[Lord Storey (LD)]

My Lords, I shall speak to Amendment 82. This Bill is an opportunity possibly to enhance the lives of the most disadvantaged and vulnerable people in our society. The words of our Prime Minister always come to mind:

“a country that works for everyone”.

This amendment will help the country work for everyone. Currently, the parent of a child wishing to have a free school meal must apply for it. Not only does that provide a free school meal, which is hugely important for children because hungry children are not good learners, but it ensures that the school gets a pupil premium—a substantial sum of money—to help those disadvantaged pupils.

This simple amendment would ensure that local authorities automatically enrol those entitled to receive free school meals. Local authorities currently administer a number of benefits, such as council tax and housing benefit, so they are aware of families that would be eligible to claim free meals and would automatically contact the school. This would ensure that parents who, for a host of reasons, fail to claim would be able to do so.

It is estimated that a family with a child receiving free school meals can save up to £400 a year. Noble Lords may imagine that if the parents have more than one child the saving is quite substantial. As well as the family saving money and the child getting a free school meal it ensures that the school gets a substantial amount of money—the pupil premium—to help disadvantaged pupils.

The Minister will probably reply—as did the Minister from the other place—that the department’s own electronic eligibility checking system means that the clause is not really needed. That, however, is only a system which enables a school to check whether the parent is on the free meals register: it has speeded up the process but does not do the job that this amendment hopes to do.

I make a further point about this, at a time when we are all sensitive about the amount of private data that circulates: there is perhaps a fear that leads people to question why schools should have private data on pupils entitled to free meals. For that reason the amendment clearly states that parents will be notified before this information is made available and that there will be opt-out arrangements. I hope, therefore, that the Minister will be sympathetic to this very important amendment.

[Lord Kirkwood of Kirkhope (LD)]

My Lords, it is a pleasure to follow my noble friend. I support his Amendment 82 and shall speak to Amendment 92, which is in a similar vein but relates to the warm home discount. I am grateful to the right reverend Prelate the Bishop of St Albans and to the noble Baroness, Lady Massey, who have other duties in the House and would otherwise be here.

It is my pleasure to speak to Amendment 92, which seeks to test the possibilities that Clauses 30 to 32 open up. For years I have been banging away at the Department for Work and Pensions to make proper and better beneficial use, in terms of client well-being, of the vast amount of data that it has on families. That, together with the data held by HMRC, and particularly the data generated when universal credit comes in, will give the Government as a whole immensely enhanced abilities to promote well-being, particularly in our low-income households. I warmly welcome Clauses 30 to 32.

I am listening carefully and correctly to some of the interrogation that is being properly directed at the Government, because we have to get this right; it is very important that the protections are there. Subject to those protections, I am an enthusiast for making use of these provisions. I am slightly surprised that there have not been more attempts—like mine and that of my noble friend—to prise open new opportunities as the Bill goes through. This amendment tries to test the willingness, enthusiasm and ingenuity of Ministers in seeing how they can expand public services to our citizens under Clauses 30 to 32.

Amendment 92 simply seeks to improve the use of data-sharing powers to extend the reach of the warm home discount. The provenance of this amendment is work that I have been doing over months and years for the Children’s Society, and I acknowledge and pay tribute to the work it does with families, particularly with children in fuel-poor households. The Children’s Society has been making the argument to me about the importance and urgency of getting the issue of fuel poverty dealt with more adequately. We need only look at the announcement from npower last week, and indeed some of the wider economic indicators that are showing that this group of fuel-poor households is likely to find things getting a lot worse before they get any better. We need to pay attention to that.

I am told by the Children’s Society that, according to the Government’s own figures, families with children are now the biggest group affected by fuel poverty: 45% of households that can claim the warm home discount are now families with children under 18. The Children’s Society has some valuable survey evidence of a project that it carried out in Bradford and in other places, which indicates clearly the distress caused by fuel poverty. For instance, there is the fact that parents in these households are frightened to turn up the heating in cold winter months because they fear the level of the increased bills it would occasion. Some of those same parents believe that their children’s health is potentially affected by not doing so, so it is a real concern for the parents involved.