Digital Economy Bill

Louise Haigh Excerpts

Wednesday 26th April 2017 Commons Chamber

[Matt Hancock]

Well, of course citizens elect the Government, and in many cases the Government are responsible for data. Having democratic legitimacy behind the control of data is critical to a functioning democracy. No doubt we can return to this issue in the future. There are no Lords amendments on that subject, and I consider that the Bill represents significant progress.

I pay tribute to the hon. Member for Sheffield, Heeley (Louise Haigh). She has worked hard on the Bill and made a number of suggestions that we have taken on board. She has been a pleasure to negotiate with and very effective. When I am complimentary about her, she always tells me that I am damaging her career no end, so I hope that she will take my compliments in the spirit in which they are intended.

[Louise Haigh (Sheffield, Heeley) (Lab)]

The Minister knows that it makes me deeply uncomfortable when we agree on anything, and that also applies to compliments paid from the Dispatch Box, but it is a great privilege to speak for the Opposition today during the closing stages of this Bill. Thanks to the deliberations of hon. Members on both sides of the House, including the Minister, and what I would describe as exemplary cross-party working, the Bill is in considerably better shape than when it was introduced last year.

The Bill still does not go far enough in a number of crucial areas. It represents a missed opportunity to update our infrastructure, skills strategy, finance, the responsibilities of the behemoths of the digital age, and the rights that individuals should have in this era when data is increasingly the currency that matters above all. Nevertheless, there have been some useful changes, and I am grateful to the Minister for his considered exposition of the Government’s position, especially regarding the amendments, with which we are not in dispute.

I will deal briefly with each of the Lords amendments in turn. Lords amendment 1 will increase the USO to superfast levels to ensure that every household and business in the country can benefit from speeds of at least 30 megabits per second. The benefits of that do not need repeating, as we have considered them at length during many debates in the short time that I have served as shadow Digital Minister, and the House is united on the need for much improved broadband speed and reliability across the country. Indeed, I note that the Minister’s constituency has fallen down the rankings for superfast availability during his tenure in his post, so he will be particularly keen to tackle this issue.

--- Later in debate ---

[Claire Perry (Devizes) (Con)]

Does the hon. Lady agree, however, that in setting out these definitions on a spectrum ranging from prohibited material to extreme pornography—I will speak to this later—we have left ourselves in something of a quandary, as material that she and I would probably agree is completely unacceptable can in theory be viewed behind age filters? I heard that the Minister was prepared to consider this unfinished business. Will the hon. Lady, on behalf of her party, commit to trying to work out these definitions in the next Parliament to ensure that we arrive at a better place?

[Louise Haigh]

That was exactly why we pushed for an amendment in the Lords and it is why we are so pleased that the Government have accepted it. We need consultation, as well as a clear definition of extreme pornography and prohibited material. My understanding of the legislation is that nothing extreme, prohibited or otherwise will be able to be viewed behind age verification filters. If something is deemed to be pornography and analysed as such by the British Board of Film Classification, it will be required to be behind such filters.

[Claire Perry]

The hon. Lady is right, but she will know that the original definition referred to five statutes. We now have a definition that is much tighter, specifically because items that were included under the broader definition are now deemed not to be obscene—I agree with that. The problem is that there is material that, according to 85% of people who have viewed it, should not be accessible on the internet for any age group. Such material could be accessible behind those filters for anyone to see. That is the problem that we need collectively to solve.

[Louise Haigh]

The hon. Lady is absolutely right. It is true that such material is currently available without any AV filters, so we have made substantial and welcome progress in this area, but the consultation in the next Parliament will be crucial. We look forward to participating in that debate and ensuring that we get the best possible regime for online pornography.

Several Government amendments on age verification were tabled in the Lords. We understand why technology cannot be dictated in legislation or even guidance, but the effectiveness of AV measures will obviously be determined by the technology that is used. If we are not careful, we could end up with age verification that is so light-touch as to be too easily bypassed by increasingly tech-savvy under-18s, or that is far too complicated and intrusive. That could push viewers on to sites that do not use age verification but still offer legitimate content, or completely illegal sites that stray into much more damaging realms. Equally, we must ensure that privacy and proportionality are at the heart of the proposals, so I push the Minister to say more about that.

The BBFC has intimated that its likely preference is age-verified mobile telephony, but there are significant privacy issues with that approach. We should proceed with extreme caution before creating any process that would result in the storing of data that could be leaked, hacked or commercialised when that would otherwise be completely private and legitimate. Concerns have been raised about whether the BBFC is appropriate to be the AV regulator, not least in relation to its conduct in lobbying Members of this House and the other. I am grateful that the Minister has listened to those concerns and that guidance will now be produced by the Secretary of State, meaning that there is proper accountability, and then issued to the regulator. I want to ensure that the report that the Secretary of State produces on the effectiveness of the regulation covers the regulator itself, so I would be grateful for clarification about that from the Minister.

On the social media code of conduct, we are delighted that the Government have taken a decisive step in the right direction. Amendment (a) in lieu of Lords amendment 40 requires the Secretary of State to issue a code of practice for online social media platforms in relation to bullying, directing insults, or other behaviour likely to intimidate or humiliate. It is difficult to understate the importance of tackling bullying and offensive behaviour online. Although social media has brought about transformative and significant changes for the good, it has also facilitated an exponential increase in bullying. It is estimated that seven in 10 young people have experienced cyber-bullying, with 37% of those people experiencing it frequently. Cyber-bullying can lead to anxiety, depression and even suicide.

This is the first time that social media providers will be subject to legislation on this issue. They will be required to have processes in place for reporting and responding to complaints about bullying. As the Minister said, some providers have taken steps to address these issues, but the pace of change has to keep up with the scale of the problem. It is absolutely right that the Government have taken decisive legislative action to make the internet a safer place for its users. I would be grateful if the Minister would confirm that there will be full public consultation when drafting the code of conduct.

On public service broadcasting prominence, we are happy to support Government amendment (a) in lieu of Lords amendment 242, which requires Ofcom regularly to review electronic programming guides in relation to public service broadcasting and the implications of changing technology for public service broadcasting. We are pleased that the Minister has confirmed that any necessary powers will be transferred to Ofcom, should it be required to intervene.

We are delighted that, after many years of campaigning, not least by my hon. Friend the Member for Washington and Sunderland West (Mrs Hodgson), significant progress has been made on efforts to tackle abuses in the secondary ticket market. Fans across the country will be thanking her, the Minister and all those involved in the campaign, but we recognise there is still more to do and that the Waterson review must be implemented in full in the next Parliament. We are pleased that the Minister has again seen sense by accepting Lords amendments on e-lending and on-demand accessibility.

The Bill has been improved significantly and it has been a privilege to enter negotiations with the Government. It has also been a privilege to negotiate with the Minister, as he said it had been to negotiate with me. However, I must say that this Bill is not legislation for the digital economy. The tech sector waited eagerly for well over a year for the Government’s strategy and vision for this crucial area of our economy. To say that it was disappointed with the lack of ambition and strategic direction in the Bill and the Government’s eventual strategy would be a gross understatement. Our burgeoning digital economy is the largest in the world, growing at a rate that we could hardly have expected even a decade ago, but after seven years of a Conservative Government, 12 million people still lack basic digital skills.

Some 3 million homes and businesses do not have access to superfast broadband. Britain does not even feature on the fibre broadband league table, and our 4G mobile coverage lags firmly behind that of our major competitors. Too often, workers find themselves overworked, underpaid and exploited by bosses they never meet who do not even fulfil their basic duties as an employer. People across the country suffer from digital exclusion because our infrastructure is second-rate and our digital skills programme is well behind the times. Now should have been the moment to lay the foundations for not just a world-leading digital sector, but a truly world-leading economy with digital inclusion at its heart. Those foundations must be built on the responsibilities of employers towards the burgeoning workforce, of the digital giants to their users, and of the Government to create the environment in which digital can transform the economy.

Although the Bill undoubtedly brings forward some welcome changes, it has revealed an alarming lack of ambition for the country and a worrying indication of the Government’s priorities in relation to tech as we Brexit. I can assure the House that come 9 June, when I will be preparing to take the Minister’s place, it will be the Labour party that will have the ambition and vision on infrastructure, skills and finance, and that will champion this sector, which is essential to the UK’s ability to thrive post-Brexit and for us to deliver the high-skilled, well-paid jobs that areas of the country such as mine so desperately cry out for. We welcome the improvements that have been made in the Bill, but I hope that, however the next Parliament looks, our digital economy will be given far greater prominence and priority.

[Damian Collins (Folkestone and Hythe) (Con)]

I welcome the Bill and the Lords amendments supported by the Government. This debate takes place against the background of the UK’s creative economy, which is the leading creative and tech economy in Europe. London is by far and away the leading creative and tech city in Europe and one of the major centres of the world. The creative and digital economy has been a major factor in our growth and is a great success story for this country. The Bill brings in a series of necessary and welcome measures for reform, but builds on a position of considerable strength, where the UK tech and creative economy is the envy of Europe and many others in the world.

I thank the Government for their intervention in online ticketing resales and abuse in the secondary ticketing market. This follows the campaign of the hon. Member for Washington and Sunderland West (Mrs Hodgson) and my hon. Friend the Member for Selby and Ainsty (Nigel Adams), who have championed the cause. They brought it to the attention of the Select Committee on Culture, Media and Sport, and we held our first hearing on the matter in November, just before we debated the Bill on Report in the Commons. With cross-party support, we tabled an amendment seeking legislative reform to combat the use of bots and the failure of people correctly to identify tickets sold on the secondary market. The Minister said that the Government would consider the representations made, including amendments in the Lords. That has taken place. I congratulate him, the Secretary of State and the Department on the interest they have shown in the subject, on the important roundtables they hosted and on the decisive action that was taken, with the support of the Lords, to amend the Bill.

It is important that people who buy tickets online know what they are buying. I welcome the Competition and Markets Authority’s decision to open its investigation to ensure that the existing consumer protection legislation is being enforced. I also welcome the Minister saying that a ticket should have a unique reference number that people can see on the ticket when they purchase it. That would make it easier to identify the reseller.

There is also the question—perhaps the CMA could address this in its inquiry—of consumers buying tickets but not being clear about the seat number and row number. A reference number might not tell them where in a theatre the ticket is for. People end up buying, at high and inflated prices, a cheap ticket at the back of the hall that they were not aware they could have bought themselves in the first place. Many of the venues that gave evidence to the Select Committee complained about that, and it should be addressed through the CMA investigation to make sure that existing consumer protection legislation is enforced and that action is taken against people who breach it. However, the amendment to make sure there is a unique reference number is a welcome addition.

I also welcome the amendment to ban the use of bots to harvest tickets for mass resale. There has been widespread abuse in the market, and I am glad that these reforms will lead to decisive action to combat it.