Data (Use and Access) Bill [Lords]

Debate between Max Wilkinson and Ben Spencer

Wednesday 7th May 2025 Commons Chamber

[Dr Spencer]

There are a few issues with new clause 1. One is the scope in terms of the definition of networking services and ensuring platforms such as WhatsApp are not captured within it. Looking at new clause 19, there are challenges to implementing in this area. There is no point in clicking our fingers and saying, “Let’s change the age of digital consent,” without understanding the barriers to implementation, and without understanding whether age verification can work in this context. We do not want to create a system and have people just get around it quite simply. We need the Government to do the work in terms of setting it up so that we can move towards a position of raising the age from 13 to 16.

[Max Wilkinson (Cheltenham) (LD)]

The press have obviously been briefed by Conservatives that the Conservatives are pushing for a ban on social media for under-16s, but it seems that what is actually being suggested is a review of the digital age of consent with a view to perhaps increasing it to 16. The two positions are very different, and I wonder whether the tough talk in the press matches what is actually being proposed by the Opposition today.

[Dr Spencer]

I have been very clear on this, and it is important in such a complex area to look at the detail and nuance of the challenges around—(Interruption.) Well, it is very easy to create a new clause where we click our fingers and say, “Let’s make this more illegal; let’s bring in x, y or z restriction.” As a responsible Opposition, we are looking at the detail and complexities around implementing something like this. [Interruption.] I have been asked a few questions and the hon. Member for Cheltenham (Max Wilkinson) might want to listen to the rationale of our approach.

One question is how to define social media. Direct messaging services such as WhatsApp and platforms such as YouTube fall in the scope of social media. There are obviously social media platforms that I think all of us are particularly concerned about, including Snapchat and TikTok, but by changing the age of digital consent we do not want to end up capturing lower-risk social media platforms that we recognise are clearly necessary or beneficial, such as education technology or health technology platforms. And that is before we start looking at whether age verification can work, particularly in the 13-to-16 age group.

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[Dr Spencer]

I think that was wishful thinking by the Minister in this debate.

Our new clause says that we need to look at the desirability of raising the digital age of consent for data processing from 13 to 16 in terms of its impact particularly on issues such as the social and educational development of children, but also the viability of doing so in terms of the fallout and the shaking out of the Online Safety Act and with regard to age verification services. Should there then be no evidence to demonstrate that it is unnecessary, we would then raise the digital age of consent to 13 to 16. It might be the case that, over the next six months, the shaking out of the Online Safety Act demonstrates that this intervention is not necessary. Perhaps concerns around particular high-risk social media platforms will change as technology evolves. We are saying that the Government should do the work with a view to raising the age in 18 months unless there is evidence to prove the contrary. [Interruption.] I have made this crystal clear, and if the Minister would choose to look at the new clause, rather than chuckling away in the corner, he might see the strategy we are proposing.

[Max Wilkinson]

I thank the shadow Minister for giving way. As ever, he is extremely polite in his presentation and in his dealing with interventions, but I am not sure that he dealt with my intervention, which was basically asking whether the Conservative party position is as it has briefed to the press—that it wishes to ban social media for under-16s—or that it wishes to have a review on raising the age of data consent. It cannot be both.

[Dr Spencer]

I say again that the position is that, following a careful look at the evidence regarding the desirability and validity of doing so—taking into account findings regarding the impact and implementation of the Online Safety Act and age verification and how one defines social media, particularly high-risk platforms—unless there is direct evidence to show that raising the age from 13 to 16 is unnecessary, which there may be, then we should raise it from 13 to 16. If that has not provided clarity, the hon. Gentleman is very welcome to intervene on me again and I will try and explain it a third time, but I think Members have got a grasp now.

This new clause will also tackle some of the concerns at the heart of the campaign for Jools’ law, and I pay tribute to Ellen Roome for her work in this area. I am very sympathetic to the tragic circumstances leading to this campaign and welcome the additional powers granted to coroners in the Bill, but I know that they do not fully address Ellen Roome’s concerns. The Government need to explain how they can be sure that data will be retained in the context of these tragedies, so that a coroner will be able to make sure, even if there are delays, that it can be accessed. If the Minister could provide an answer to that in his winding-up speech, and detail any further work in the area, that would be welcome.

On parental access to children’s data more broadly, there are difficult challenges in terms of article 8 rights on privacy and transparency, especially for children aged 16 to 17 as they approach adulthood. Our new clause addresses some of these concerns and would also put in place the groundwork to, de facto, raise the digital age of consent for inappropriate social media to 16 within 18 months, rendering the request for parental access to young teenage accounts obsolete.

I urge colleagues across the House to support all our amendments today as a balanced, proportionate and effective response to a generational challenge. The Bill and the votes today are an opportunity for our Parliament, often referred to as the conscience of our country, to make clear our position on some of the most pressing social and technological issues of our time.

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[Dr Spencer]

That is good to hear.

[Max Wilkinson]

I will try a third time, because we tried earlier. The Conservatives have clearly briefed the press that they are angling for a ban on social media for under-16s—it has been reported in multiple places. Can the shadow Minister confirm whether that is the Conservatives’ position or not?

[Dr Spencer]

For the fourth time, and as I have said, new clause 19 would effectively create a de facto position whereby there are restrictions on the use of inappropriate social media services by children. It seeks to tackle the challenges of implementation, age verification and the scope of social media. It says that there needs to be work to make sure that we can actually do so and that, when we can, we should move in that direction, unless there is overwhelming evidence that it is not needed, such as with the shaking out of the Online Safety Act.

Finally, I return to new clause 21. Sadly, it has been widely misrepresented. The laws in this area are clear: the Equality Act puts in place obligations in relation to protected characteristics. The Supreme Court says that “sex” means biological sex, and that public authorities must collect data on protected characteristics to meet their duties under the Equality Act. The new clause would put that clear legal obligation into effect, and build in data minimisation principles to preserve privacy. There would be no outing of trans people through the new clause, but where public authorities collect and use sex data, it would need to be biological sex data.

Data (Use and Access) Bill [Lords]

Debate between Max Wilkinson and Ben Spencer

2nd reading
Wednesday 12th February 2025 Commons Chamber

[Dr Spencer]

Our position is pretty much exactly as I have just set out in my speech. A Government consultation is under way that presents four options, including the Government’s preferred opt-out option. There are challenges with that opt-out approach, as well as with a whole range of different approaches. As I have previously said from the Opposition Dispatch Box, whatever we do we must think about how that co-ordinates with what can happen in other jurisdictions. It is a complicated issue, and we need to ensure we get the legislation absolutely right. As I said, we need a response to the consultation as soon as possible so that we can chew through this further to find the best solution. In his summing up, I hope the Minister will update the House on that.

[Max Wilkinson]

The creative industries have been very clear about their position. The shadow Minister says that he wishes to support the creative industries and that that is the position of his party, but would it be too much to suggest he might go a step further and say that he supports the opt-in position, which is the position supported by the creative industries? That would give them reassurance that there is support from all parts of the House for the position they are taking.

[Dr Spencer]

The shadow DSIT team, including our shadow Secretary of State, have met representatives of industry in general. I have met representatives of the creative industries, and I am fairly sure the shadow Secretary of State has too. That is what the consultation is there for. It would not be appropriate to make a unilateral declaration from the Dispatch Box when a live consultation is looking into that complicated area. That would be not be reasonable opposition or good for anybody.

There are no easy answers to some of the challenges, but we should not shy away from them given the clear gains for the public and the economy that many of the reforms set out in the Bill will deliver. His Majesty’s official Opposition and the shadow DSIT team stand ready to work with the Government, wherever possible, to find solutions on these pressing issues. Effective engagement between Government and Opposition will promote confidence among tech companies and would-be investors that the UK is open for business. The last Government’s vision was to harness the UK’s competitive advantage in tech industries to boost our economy and revolutionise the way we live for the benefit of our population. We remain committed to that goal in opposition.