Oral Answers to Questions
Neale Hanvey Excerpts(2 months ago)
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The Parliamentary Under-Secretary of State for Culture, Media and Sport (Stuart Andrew)
How can I possibly resist such an invitation? [Laughter.] People are laughing, but this is becoming a more and more popular sport. For me, anything that gets people active and enjoying sport can only be positive, so I am happy to come to see it in action.
Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)
Stuart Andrew
I think it is important to put it on record that almost every other society lottery is nowhere near those limits, but I do recognise that it may be getting tight for some of the individual trusts in the People’s Postcode Lottery. We have been speaking to the Gambling Commission to see what else it can do by using some of the other trusts at its disposal to increase that funding, but I take on board the points the hon. Member made.
Online Safety Bill
Neale Hanvey ExcerptsMonday 5th December 2022
(1 year, 4 months ago)
Commons ChamberRead Full debate Online Safety Act 2023 View all Online Safety Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 5 December 2022 - (5 Dec 2022)
Sir Jeremy Wright (Kenilworth and Southam) (Con)
I rise to speak to amendments 1 to 9 and new clause 1 in my name and the names of other hon. and right hon. Members. They all relate to the process of categorisation of online services, particularly the designation of some user-to-user services as category 1 services. There is some significance in that designation. In the Bill as it stands, perhaps the greatest significance is that only category 1 services have to concern themselves with so-called “legal but harmful” content as far as adults are concerned. I recognise that the Government have advertised their intention to modify the Bill so that users are offered instead mechanisms by which they can insulate themselves from such content, but that requirement, too, would only apply to category 1 services. There are also other obligations to which only category 1 services are subject—to protect content of democratic importance and journalistic content, and extra duties to assess the impact of their policies and safety measures on rights of freedom of expression and privacy.
Category 1 status matters. The Bill requires Ofcom to maintain a register of services that qualify as category 1 based on threshold criteria set out in regulations under schedule 11 of the Bill. As schedule 11 stands, the Secretary of State must make those regulations, specifying threshold conditions, which Ofcom must then apply to designate a service as category 1. That is based only on the number of users of the service and its functionalities, which are defined in clause 189.
Amendments 2 to 8 would replace the word “functionalities” with the word “characteristics”. This term is defined in amendment 1 to include not only functionalities —in other words what can be done on the platform—but other aspects of the service: its user base; its business model; governance and other systems and processes. Incidentally, that definition of the term “characteristics” is already in the Bill in clause 84 dealing with risk profiles, so it is a definition that the Government have used themselves.
Categorisation is about risk, so the amendments ask more of platforms and services where the greatest risk is concentrated; but the greatest risk will not always be concentrated in the functionality of an online service. For example, its user base and business model will also disclose a significant risk in some cases. I suggest that there should be broader criteria available to Ofcom to enable it to categorise. I also argue that the greatest risk is not always concentrated on the platforms with the most users. Amendment 9 would change schedule 11 from its current wording, which requires the meeting of both a scale and a functionality threshold for a service to be designated as category 1, to instead require only one or the other.
Very harmful content being located on smaller platforms is an issue that has been discussed many times in consideration of the Bill. That could arise organically or deliberately, with harmful content migrating to smaller platforms to escape more onerous regulatory requirements. Amendment 9 would resolve that problem by allowing Ofcom to designate a service as category 1 based on its size or on its functionalities—or, better yet, on its broader characteristics.
I do not want to take too many risks, but I think the Government have some sympathy with my position, based on the indicative amendments they have published for the further Committee stage they would like this Bill to have. I appreciate entirely that we are not discussing those amendments today, but I hope, Madam Deputy Speaker, you will permit me to make some brief reference to them, as some of them are on exactly the same territory as my amendments here.
Some of those amendments that the Government have published would add the words “any other characteristics” to schedule 11 provisions on threshold conditions for categorisation, and define them in a very similar way to my amendment 1. They may ask whether that will answer my concerns, and the answer is, “Nearly.” I welcome the Government’s adding other characteristics to the consideration, not just of threshold criteria, but to the research Ofcom will carry out on how threshold conditions will be set in the first place, but I am afraid that they do not propose to change schedule 11, paragraph 1(4), which requires regulations made on threshold conditions to include,
“at least one specified condition about number of users and at least one specified condition about functionality.”
That means that to be category 1, a service must still be big.
I ask the Minister to consider again very carefully a way in which we can meet the genuine concern about high harm on small platforms. The amendment that he is likely to bring forward in Committee will not yet do so comprehensively. I also observe in passing that the reference the Government make in those amendments to any other characteristics are those that the Secretary of State considers relevant, not that Ofcom considers relevant—but that is perhaps a conversation for another day.
Secondly, I come on to the process of re-categorisation and new clause 1. It is broadly agreed in this debate that this is a fast-changing landscape; platforms can grow quickly, and the nature and scale of the content on them can change fast as well. If the Government are wedded to categorisation processes with an emphasis on scale, then the capacity to re-categorise a platform that is now category 2B but might become category 1 in the future will be very important.
That process is described in clause 83 of the Bill, but there are no timeframes or time limits for the re-categorisation process set out. We can surely anticipate that some category 2B platforms might be reluctant to take on the additional applications of category 1 status, and may not readily acquiesce in re-categorisation but instead dispute it, including through an appeal to the tribunal provided for in clause 139. That would mean that re-categorisation could take some time after Ofcom has decided to commence it and communicate it to the relevant service. New clause 1 is concerned with what happens in the meantime.
To be clear, I would not expect the powers that new clause 1 would create to be used often, but I can envisage circumstances where they would be beneficial. Let us imagine that the general election is under way—some of us will do that with more pleasure than others. Category 1 services have a particular obligation to protect content of democratic importance, including of course by applying their systems and processes for moderating content even-handedly across all shades of political opinion. There will not be a more important time for that obligation than during an election.
Let us assume also that a service subject to ongoing re-categorisation, because in Ofcom’s opinion it now has considerable reach, is not applying that even-handedness to the moderation of content or even to its removal. Formal re-categorisation and Ofcom powers to enforce a duty to protect democratic content could be months away, but the election will be over in weeks, and any failure to correct disinformation against a particular political viewpoint will be difficult or impossible to fully remedy by retrospective penalties at that point.
New clause 1 would give Ofcom injunction-style powers in such a scenario to act as if the platform is a category 1 service where that is,
“necessary to avoid or mitigate significant harm.”
It is analogous in some ways to the powers that the Government have already given to Ofcom to require a service to address a risk that it should have identified in its risk assessment but did not because that risk assessment was inadequate, and to do so before the revised risk assessment has been done.
Again, the Minister may say that there is an answer to that in a proposed Committee stage amendment to come, but I think the proposal that is being made is for a list of emerging category 1 services—those on a watchlist, as it were, as being borderline category 1—but that in itself will not speed up the re-categorisation process. It is the time that that process might take that gives rise to the potential problem that new clause 1 seeks to address.
I hope that my hon. Friend the Minister will consider the amendments in the spirit they are offered. He has probably heard me say before—though perhaps not, because he is new to this, although I do not think anyone else in the room is—that the right way to approach this groundbreaking, complex and difficult Bill is with a degree of humility. That is never an easy sell in this institution, but I none the less think that if we are prepared to approach this with humility, we will all accept, whether Front Bench or Back Bench, Opposition or Government, that we will not necessarily get everything right first time.
Therefore, these Report stages in this Bill of all Bills are particularly important to ensure that where we can offer positive improvements, we do so, and that the Government consider them in that spirit of positive improvement. We owe that to this process, but we also owe it to the families who have been present for part of this debate, who have lost far more than we can possibly imagine. We owe it to them to make sure that where we can make the Bill better, we make it better, but that we do not lose the forward momentum that I hope it will now have.
Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)
I approach my contribution from the perspective of the general principle, the thread that runs through all the amendments on the paper today on safety, reform of speech, illegal content and so on. That thread is how we deal with the harm landscape and the real-world impact of issues such as cyber-bullying, revenge porn, predatory grooming, self-harm or indeed suicide forums.
There is a serious risk to children and young people, particularly women and girls, on which there has been no debate allowed: the promulgation of gender ideology pushed by Mermaids and other so-called charities, which has created a toxic online environment that silences genuine professional concern, amplifies unquestioned affirmation and brands professional therapeutic concern, such as that of James Esses, a therapist and co-founder of Thoughtful Therapists, as transphobic. That approach, a non-therapeutic and affirmative model, has been promoted and fostered online.
The reality is that adolescent dysphoria is a completely normal thing. It can be a response to disruption from adverse childhood experiences or trauma, it can be a feature of autism or personality disorders or it can be a response to the persistence of misogynistic social attitudes. Dysphoria can present and manifest in many different ways, not just gender. If someone’s gender dysphoria persists even after therapeutic support, I am first in the queue to defend that person and ensure their wishes are respected and protected, but it is an absolute falsity to give young people information that suggests there is a quick-fix solution.
It is not normal to resolve dysphoria with irreversible so-called puberty blockers and cross-sex hormones, or with radical, irreversible, mutilating surgery. Gender ideology is being reinforced everywhere online and, indeed, in our public services and education system, but it is anything but progressive. It attempts to stuff dysphoric or gender non-conforming young people into antiquated, regressive boxes of what a woman is and what a man is, and it takes no account of the fact that it is fine to be a butch or feminine lesbian, a femboy or a boy next door, an old duffer like me, an elite gay sportsman or woman, or anything in between.
Miriam Cates
I completely agree. Other charities, such as CEASE—the Centre to End All Sexual Exploitation —and Barnardo’s have been mentioned in the debate, and I think it so important to raise awareness. There are many harms in the internet, but pornography is an epidemic. It makes up a third of the material on the internet, and its impact on children cannot be overstated. Many boys who watch porn say that it gives them ideas about the kind of sex that they want to try. It is not surprising that a third of child sexual abuse is committed by other children. During puberty—that very important period of development—boys in particular are subject to an erotic imprint. The kind of sex that they see and the sexual ideas that they have during that time determine what they see as normal behaviour for the rest of their lives. It is crucial for children to be protected from harmful pornography that encourages the objectification and abuse of—almost always—women.
Neale Hanvey
I thank—in this context—my hon. Friend for giving way.
The lawsuits are coming. There can certainly be no more harmful act than encouraging a young person to mutilate their body with so-called gender-affirming surgery with no therapeutic intervention beforehand. In Scotland, the United Nations special rapporteur for violence against women and girls has criticised the Scottish Government’s Gender Recognition Reform (Scotland) Bill. Does the hon. Lady agree that it is time to establish who is a feminist, and who is a fake to their fingertips?
Miriam Cates
I thank the hon. Gentleman for his intervention. He is absolutely right: inciting a child to harm their body, whatever that harm is, should be criminalised, and I support the sentiment of new clause 16, which seeks to do that. Sadly, lots of children, particularly girls, go online and type in “I don’t like my body”. Maybe they are drawn to eating disorder sites, as my right hon. Friend the Member for Chelmsford (Vicky Ford) has mentioned, but often they are drawn into sites that glorify transition, often with adult men that they do not even know in other countries posting pictures of double mastectomies on teenage girls.
Oral Answers to Questions
Neale Hanvey Excerpts(1 year, 9 months ago)
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The Attorney General
My hon. Friend raises a real priority for the Government. These guidelines will mean fewer unnecessary intrusions into a victim’s private life and more interactions with victims to help them understand the process. All of this will mean that victims are more engaged, there is less attrition and the process is swifter but just as effective. It is unfortunate that some Labour Members have promoted an incorrect understanding of what these guidelines mean.
Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)
The Attorney General (Suella Braverman)
There have been no prosecutions by either the Serious Fraud Office or the Crown Prosecution Service of frauds connected to covid-19 contracts awarded by the Department of Health and Social Care. However, I can neither confirm nor deny whether the Serious Fraud Office is investigating any frauds relating to those contracts. This Government rightly took swift action at the height of the pandemic and, thanks to the excellent work of this Government, including Government lawyers, we have successfully defended the majority of our coronavirus-related litigation.
Neale Hanvey
The secrecy on VIP lane contracts is emblematic of the loss of trust and transparency in this Government. Over the last 48 hours, Conservative Members have repeatedly stated the importance of integrity and honesty. As Prime Minister, will the Attorney General finally lift the veil of secrecy, publish the full details of VIP lane contacts and refer the matter to a committee or authorities, as necessary?
The Attorney General
A lot of covid-related litigation has gone through our courts, and there has been a lot of scrutiny of the Government’s decision making and actions during the pandemic. I am pleased to say that the Government were successful in the majority of cases, with our decision making being upheld and found to be lawful.
Oral Answers to Questions
Neale Hanvey Excerpts(2 years, 2 months ago)
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Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)
The Solicitor General (Alex Chalk)
I meet regularly with the director of the Serious Fraud Office to discuss case work and corporate matters. I can confirm that the SFO is indeed investigating a number of suspected fraudulent applications for covid loans, but I can neither confirm nor deny that it is investigating frauds specifically connected to covid-19 contracts awarded by the DHSC.
Neale Hanvey
The Good Law Project has now uncovered the existence of an additional 18 VIP lane contracts, bringing the total to 68. Between them, they were awarded a total of £4.9 billion in personal protective equipment contracts. Gareth Davies, the head of the National Audit Office and the Comptroller and Auditor General, has said that the Department of Health and Social Care was
“open to the risk of fraud.”,
and that he has not received
“adequate assurance that the level of fraud losses are not material.”
What steps does the Attorney General, or the Minister, advise should be taken to uphold the rule of law and assure the House that contracts awarded through the Government’s VIP lane were not fraudulent?
The Solicitor General
It is extremely important that we in this House do not inadvertently misrepresent a judgment that has been made in the High Court. In the case that the hon. Gentleman refers to, the Court indicated that the arrangements did not confer any advantage at the decision-making stage of the process; that the company’s offers were very likely to have meant it being awarded contracts even without the arrangements; and that there was sufficient financial due diligence in respect of both sets of contracts. Without seeking to go behind the decision of the Court in that case, it is important that it is placed in its proper context. This Government will abide by the rule of law.
Oral Answers to Questions
Neale Hanvey Excerpts(2 years, 10 months ago)
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Matt Warman
The target of the 4G shared rural network is based on outside coverage, but of course the effect of that outside coverage is a huge halo that brings signals indoors: into, as my hon. Friend puts it, normal homes and beyond. I think we will see a really significant improvement in indoor coverage, alongside an improvement on 45,000 km of roads and in 1.2 million businesses and homes across the country.
Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)
The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Nigel Huddleston)
The Government have provided more than £25 billion in support to the tourism, hospitality and leisure sectors over the course of the pandemic. We are continuing to support travel agents with, for example, restart grants and the extended furlough scheme. Our tourism recovery plan sets out a range of measures to support the sector, with the aim of recovering domestic tourism to pre-pandemic levels by 2022 and international travel by 2023, both at least a year faster than independent forecasters predict.
Neale Hanvey [V]
The headline numbers—that £25 billion—tell only part of the story. Unfortunately, because of the asymmetry of the Government support and the asymmetry of the travel recovery plan, much of that money has not found its way into the hands of travel agents such as Moorelands Travel and Travel Your World in my Kirkaldy and Cowdenbeath constituency. These family-run small and medium-sized enterprises have, like many others across the country, kept the lights on for the travel industry. They have given their all and sold the silver, and there is nothing left to give. They now face the possibility of going under. That will disrupt holidays and the travel recovery itself, so will the Minister explain to them—not to me—why their efforts and their businesses no longer matter?
Nigel Huddleston
The hon. Gentleman’s final comment is an unfortunate characterisation. He will be aware that many elements of the tourism sector are devolved matters, but we are working co-operatively with the Scottish Government on many issues. The Scottish Government have developed their recovery plan and we have developed one as well, and it does have UK-wide implications. For those sectors in England that have been unable to get grants and support automatically, we have put in place measures to help them, such as the additional restrictions grant. We will continue to assess support measures.
Safety of Journalists
Neale Hanvey Excerpts(2 years, 10 months ago)
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Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)
I will be as quick as I possibly can.
One of the most outstanding achievements of the 2014 referendum movement was the creation of new media. One of the strongest voices in that new media was former British ambassador and former Dundee University rector Craig Murray. Craig—a man who is over 60 and in poor health—has recently been sentenced to eight months’ imprisonment for the contempt of jigsaw identification, which is imprecise, ill-defined and unable to be demonstrated or tested rigorously because it would identify people who are meant to remain anonymous.
Various opinion polls have been conducted, including two by Panelbase. None has identified Craig Murray as a source of jigsaw identification. In fact, the top hit on that Panelbase poll was a journalist, Dani Garavelli—
Mr Deputy Speaker (Mr Nigel Evans)
Order. Sorry, we have to go to the wind-ups.
BBC: Dyson Report
Neale Hanvey Excerpts(2 years, 11 months ago)
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Mr Whittingdale
My hon. Friend is absolutely right that one of the great challenges that the BBC faces is to reconnect with the people he represents. There is a widespread feeling that the BBC is too metropolitan-centred and has lost touch with the views of a large part of the British population; I think that the BBC itself recognises that. With regard to subscription, the licence fee is in place until 2027 when the current charter expires, but there is bound to be a debate about the future funding. Moving fully to a subscription model would require quite significant changes to the way in which people receive their television, but I have no doubt that that is a debate that has already started and will continue.
Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba) [V]
At its heart, the Dyson report speaks to the missing values of integrity, honesty and the value of truth at the BBC. Following the biased coverage of the 2014 independence referendum, this crisis in trust is but a taste of what audiences in Scotland have known for years. The BBC brand is broken in Scotland and broadcasting must therefore be devolved, or at the very least must see the introduction of a new funding model, where all money raised in Scotland is spent in Scotland. Many will be bewildered by today’s handwringing over integrity and impartiality, when the broadcaster saw no issue in giving space to the Scottish leader of the UK Independence party in 2016, yet refused any place for my party in the 2021 debates, despite being led by a former First Minister, two sitting MPs and numerous councillors across Scotland. Why are the UK Government so quick to act when public trust has been broken now, but have been silent on the collapse in trust among viewers in Scotland for years? As a net contributor to the BBC, with a £43 million annual shortfall between income and spending in Scotland, how do the UK Government plan to plug the hole left propping up programming elsewhere upon Scotland’s independence?
Mr Whittingdale
The BBC is committed to impartiality in its coverage of all political events, including the referendum in Scotland and the current political debate. It is very important that the independence of the BBC is defended and that it resists political pressure from political parties in Scotland, be it the SNP or indeed some new offshoot from it.