Internet (Governance)

Debate between Mike Weatherley and Alun Michael

Wednesday 26th October 2011 Westminster Hall

[Alun Michael (Cardiff South and Penarth) (Lab/Co-op)]

It is a pleasure to debate under your stern but friendly eye, Mr Benton.

I intend to explain why the debate is important, provide my own report back on the Internet Governance Forum in Nairobi, look at the wider questions of how Parliament deals with internet and communications technology issues and suggest how Parliament and Government can push those issues up our national agenda. I am pleased that other officers of the Parliamentary Internet, Communications and Technology Forum will be taking part in the debate, as we asked jointly across parties to have this debate today.

The debate is important as a milestone in the development of parliamentary interests in the internet and in the development of proper accountability for British MPs’ engagement with the issue over a number of years. It is an attempt to bring the issue of communications technology into the parliamentary mainstream. The internet now pervades so much of our national and personal life—there is an enormous impact, even on those who do not use it—that it is essential for Parliament and Government to take a strategic interest in its development, which has been exponential in nature. The internet affects everything from national security to personal and family communications. As we saw during the summer, it has been grasped as an opportunity by those who want to nurture community action as well as by bad people and by organised criminals and terrorists.

Business challenges and opportunities range from the protection of intellectual property to savings and opportunities for the public service, and we need to ensure that our infrastructure and businesses are at the cutting edge of the fast-moving international communications market in hardware, software and services. Both the internet itself and wider issues of communications technology—ICT—are absolutely crucial to our economic success, our place in the world and our social development as a nation.

There have been valiant efforts to give a parliamentary focus to these issues, but it has mostly been done at the margins of Parliament, not at its heart and not through mainstream debate. I hope that today’s debate will establish a tradition for an annual debate on internet and ICT issues, with Ministers and Members across the parties taking stock of the developments of the past year and looking forward to future challenges.

The engagement of MPs has not been characterised by Members pursuing their own interests in isolation but through cross-party activity, co-operation between both Houses and the active engagement of Ministers. Above all, it has been done through a unique level of multi-stakeholder engagement. That is an ugly term, but no one has yet come up with a better one. The reality of partnership working and co-operation is far more beautiful than the terminology.

Today we can report formally on the annual United Nations event, the Internet Governance Forum, held this year in Nairobi. I am delighted that the Minister who will respond to the debate attended both the main forum itself and the high-level event held on the Monday before its formal opening. He was extremely effective in his interventions. I believe I speak on behalf of my hon. Friend the Member for Falkirk (Eric Joyce), who was also at the IGF, when I say that, with the Minister, we were able to deliver a robust “Team UK” approach in Nairobi.

[Mike Weatherley (Hove) (Con)]

I congratulate the right hon. Gentleman on securing the debate. Although I was not at the Nairobi event, I was at the event in Lithuania. It struck me that very few parliamentarians were present, but there were people from the Pirate party. Does the right hon. Gentleman agree that it is crucial that MPs from other countries attend such events to stop the spread of lawlessness through the likes of the Pirate party?

[Alun Michael]

The hon. Gentleman makes a good point. He brought considerable interest, particularly in intellectual property, and creativeness to the discussions in Lithuania. There were more mainstream parliamentarians in Nairobi this year, but he is right: if we are not engaged, we leave a vacuum, which would be a great pity.

--- Later in debate ---

[Alun Michael]

My hon. Friend, who is one of the exciting group of 2010 new Members to which I referred, makes an excellent point. In the Internet Governance Forum, it was rather worrying to find that a large number of participants from across the world “knew” that the UK had tried to close down social networks. We had quite a battle to make it clear that the UK had not done that. Fortunately, the European Commissioner, Neelie Kroes, took the opportunity to dive in and endorse what we were saying. Given the pressure from the media to do something about something as cataclysmic as the riots this year, it was understandable that all Members of Parliament representing relevant constituencies felt under pressure to say something and, indeed, that the Prime Minister felt under pressure to say something when he arrived back in the country. Fortunately, common sense prevailed.

Immediately after the Home Secretary said that she intended to call together representatives of the social networks and give them a good talking-to—I paraphrase slightly—I wrote to her on behalf of the group, having spoken to some of the officers, and offered our help. I said, “There are Members of Parliament who take an interest in these issues. Can we help and can we engage our industry members in order to make a constructive contribution?” That was welcomed by the Home Secretary—we had a very good response—so it is another example of how the creation of a coherent, single group in Parliament has the capacity to help Government and properly inform public debate.

That is an example of exactly the point that I was making—the need for parliamentarians to be coherent and to work together on these issues. I said that without a commitment from parliamentarians to be connected with and informed about current developments in this sphere, Parliament would quickly fall hopelessly behind. That would be a great disappointment to those of us who know that knee-jerk legislation is not the answer to most or indeed any of our emerging technological challenges. As Gibbon said in “The History of the Decline and Fall of the Roman Empire”, laws rarely prevent that which they forbid. That is even more true about the internet than it was some 150 years ago, when those words were written. Legislation is a blunt, unwieldy and ultimately retrospective tool, incapable of the speed and flexibility required to regulate such a rapidly evolving system. That is why we, as parliamentarians, need to be quicker on our feet, more joined-up and more immediate in our response to events.

However, reluctance to legislate does not mean that we should not seek to regulate online activity. The point is simply that we will not achieve the results we want by enacting laws that would be out of date by the time they hit the statute book. The time scale for a new technology coming in or a development that moves people on from Facebook, or whatever the current means of communication is, means that legislation will be well out of date by the time it is enacted, so flexibility is required.

[Mike Weatherley]

I thank the right hon. Gentleman for giving way to me again. Would he like to clarify his position? We all accept that things such as the IGF are a good talking-shop and that these issues should be discussed at length by the various countries and parties involved, but is he saying that no legislation is worth having, not even legislation to set out the principles relating to intellectual property rights and so on, which would not be out of date once it was enacted?

[Alun Michael]

The hon. Gentleman is absolutely right. I want legislation that is based on values, sets out broad principles and is technology-neutral. It is the behaviour that is bad, and it is intellectual property that we need to protect, rather than getting too deeply into detail. We need to go back to the legislation that set down broad principles and to go back on the excessively prescriptive and detailed legislation that removes flexibility. Essentially, I am arguing for us to concentrate on fostering a climate in which Parliament, Government, industry and civil society share perspectives, best practice and expertise to deliver a more adaptable and responsive regulatory approach, based on partnership and co-ordination, rather than top-down legislation. In other words, we need underpinning legislation for a coherent, co-operative style of governance.