Data (Use and Access) Bill [ Lords ] (Fourth sitting)

Steff Aquarone Excerpts

Committee stage
Tuesday 11th March 2025 Public Bill Committees

[The Chair]

I am grateful to the hon. Lady and the Minister for their points of order.

Clause 117

The Information Commission

[Steff Aquarone (North Norfolk) (LD)]

I beg to move amendment 21, in clause 117, page 149, line 11, at end insert—

“(5A) In Schedule 13, paragraph 1(1), at end insert—

‘(j) advise the Government on measures relating to data ownership, and individuals’ rights and freedoms, in the delivery of its Data Vision and Strategy.’”

This amendment amends the functions of the Information Commission to allow it to advise the Government in the delivery of a Data Vision and Strategy.

[The Chair]

With this it will be convenient to discuss the following:

New clause 10—Data Vision and Strategy—

“Within six months of Royal Assent of this Act, the Secretary of State must publish a ‘Data Vision and Strategy’ which outlines—

(a) the Government’s data transformation priorities for the next five years; and

(b) steps the Government will take to ensure the digitisation of Government services.”

New clause 11—Departmental Board Appointments—

“(1) Within six months of the day on which this Act is passed—

(a) Government departments;

(b) NHS England; and

(c) NHS trusts

shall appoint to their departmental board or equivalent body at least one of the following—

(i) Chief Information Officer;

(ii) Chief Technology Officer;

(iii) Chief Digital Information Officer;

(iv) Service Transformation Leader; or

(v) equivalent postholder.

(2) The person or persons appointed as under subsection (1) shall provide an annual report on the progress of the department or body towards the Government’s Data Vision and Strategy.”

This new clause would require digital leaders to be represented at executive level within Government departments and other bodies.

New clause 16—Data use in Public Service Delivery Review—

“(1) The Secretary of State must, every 12 months, lay before Parliament a ‘Data use in Public Service Delivery Review’.

(2) The Data use in Public Service Delivery Review shall include, but is not limited to assessment of the steps being taken to—

(a) improve the Government’s use of data in public service delivery over the previous 12 months;

(b) expand the use of data to support increased and improved digital services in public service delivery;

(c) improve expertise and digital talent within Government departments to help expand the use of data for public service delivery; and

(d) facilitate and regulate for better use of data in the delivery of public services.”

This new clause would require an annual assessment by the Secretary of State to examine the steps being taken to facilitate and regulate the use of data in the delivery of public services using digital and online technologies.

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[Steff Aquarone]

New clause 10 requires the Government to bring forward a data vision and strategy within six months of the passing of the Bill, and amendment 21 would add a new function to the Information Commission to allow it to support the Government in the drafting and delivery of that data vision and strategy. New clause 11 seeks to ensure that all departmental boards and NHS bodies have senior staff with data and technology expertise at the highest level. Finally, new clause 16 would require the Government to publish annual reviews of the use of data in the delivery of public services, including updates on the progression of a number of key goals.

I turn first to new clause 10. In previous speeches in the House, I have tried my best to emphasise the transformative power of data in our era. It can be seen as similar to the discovery of fire, gold or oil, such is its value and ability to totally reshape how we approach the world. I think the most accurate comparison is with Edison’s harnessing of the power of electricity. I invite you, Mr Turner, and the Committee to imagine that Government is like a 19th-century factory. Prior to electricity generation, a factory had to be organised around a single power source—usually a steam engine—with every machine that needed power connecting directly to the central driveshaft above. Components could be made but then had to be transported elsewhere to be assembled, usually by hand. By harnessing electricity, it was possible to pipe power anywhere on the factory floor. That meant the machines could be placed wherever they were needed, becoming more precise, more efficient and more specialised, and it led to mass manufacturing of the product as the central organising principle of industry.

What does this have to do with modern government? The data revolution that has been under way since the 1990s means that the structures and organisation of government can themselves be transformed in the same way that industry was in the 1890s. We can use data to shift from archaic practices and government functions, some of which occasionally feel like they might still run on steam power, and shift towards public services that make the citizen experience their central organising principle. With the true free flow of data through government, we can bring services to people, make them easier and more efficient to use and radically improve how people interact with government. However, to do any of that, the Government need to develop key principles to enable them to seize that opportunity. Creating a data vision will show what the future could be for data use across government, setting out where we want to get to, how we want services to run and what the ideal citizen experience will be. From that vision, which I hope would be ambitious and wide-ranging, the Government could design a strategy to deliver on it, outlining how they are going to seize data’s transformative power to improve the state’s workings and ultimately deliver a better experience for all our constituents when they come into contact with government or the state.

A national data strategy was, in fact, published under the last Government. It was consulted on during 2019 and published in 2020. It is clear that the world is very different from the world in 2019. The pandemic made Government rapidly re-evaluate and improve their relationship with available data to handle a national emergency and there are lessons to be learned from that. It also forced a change in many people’s habits and expectations. We are prepared to act far more digitally now, but also expect that businesses and corporations and Government will be more adept in the experiences they provide for us. Although much of what was in the last data strategy was on the right track, I am sure that, with a new world, this new Government would want to make their own mark and fully harness the data revolution.

A comprehensive data vision and strategy also empowers the Government when they need to move quickly, to adapt and react to the ever-changing technological landscape. When we need swiftly to harness new technologies or developments, we risk missing out and needlessly delaying, if we drive ourselves back to the legislation table each time. Although I am greatly enjoying the Bill Committee, if we go through a full set of legislative processes every time we want to use the latest innovation, we will move far too slowly. An overarching vision gives confidence to the Government in how to react to new developments by assessing how they can match up with the long-term strategic goals that they want to achieve.

Our slow adoption of the power of data has allowed many other countries to be leaps and bounds ahead of us, despite not having the resources, the expertise or the talent that our country has heaps of. Let us make sure that, for the next step of digital transformation, people look to us as leaders and trailblazers.

I hope that the Government will take inspiration for the data vision and strategy from the last 25 years in Estonia. As I told the House on Second Reading. Estonia has made the astonishing transformation from a poor post-Soviet state to a leader in digital government and data leadership. Its national drive to improve digital literacy and access, along with pulling their public services into the digital age, is an example that many other nations, including ours, should seek to follow. It has made 100% of public services available digitally, developed the fantastic X-Road data-sharing platform and delivered millions of euros in efficiency savings. It is a completely realistic goal to make the UK a digital leader in digital government and data efficiency, just like Estonia. That is the goal that I would write in the Government’s data vision. I hope that the Minister, if he were authoring it, would be just as ambitious.

I also think the Government could take lessons from Denmark, which has come top of the UN’s e-government rankings. It has embedded core principles of digital inclusion into its data and digital transformation journey. Those principles include being aware of the consequences of digitisation, providing usable alternatives and designing solutions for all citizens. This quote from its “Principles for Digital Inclusion” publication is particularly pertinent:

“It is a democratic problem if the digital transformation becomes a barrier to participating in the welfare society.”

The Minister and I have spoken about and shared concerns about digital exclusion. It is something that our constituencies and constituents both have in common. I hope he would be as keen as me to see that inclusion principle made a key tenet of the future of digital governance and data use.

Amendment 21 also ensures that, in drafting and delivering the strategy, the Government can rely upon the expertise of the Information Commissioner. The rights and freedoms of citizens and their data ownership must be core to a future data vision and strategy. The amendment enshrines the ability of the Information Commissioner to act as a source of advice and guidance in bringing that forward. The Government and Departments will need to be ready to implement the data vision and strategy, and the radical transformation that it will require.

I have therefore tabled new clauses 11 and 16. New clause 11 would require the NHS and Government to ensure the appointment of someone with a senior data, information or technology role to their boards. A helpful inspiration in the drafting of the new clause was the Government’s own “State of digital government review”, published only a couple of months ago. It is nothing short of excoriating in its assessment of the state of digital government, as well as the Government’s digital talent and culture. The review states that

“non-digital public sector leaders with sizable delivery responsibilities have insufficient technical expertise or training”,

and that

“Digital leadership is not a consistent priority.”

My new clause 11 would ensure that a chief digital and information officer, a chief information officer, a chief technology officer or a service transformation lead is present on the boards of all Departments. As it stands, none of those roles is present on the executive committee at any of the following Departments: Business and Trade; Housing, Communities and Local Government; Health and Social Care; Education; the Home Office; the Cabinet Office; NHS England; and the Treasury. I could keep going, but I think everyone gets the point.

That is in the Government’s own review, published by the Minister’s Department, and I am using it to draw attention to the problem. It criticises the problem that new clause 11 seeks to remedy. I invite the Minister to accept the new clause to fix something that his own Department has highlighted and that I would not have known about without its helpful review. I do not blame him one bit, of course, because his party inherited this situation from the Conservatives, who were guilty of failing for almost a decade to address the problem, but I hope that he can put it right by accepting new clause 11.

Turning back to the review by the Minister’s Department, it also states that 47% of central Government services and 45% of NHS services still lack a digital pathway. The report says:

“The UK is under digitised”,

and I wholly agree. I hope that new clause 16 could take steps to fix that. I would look forward to the Secretary of State coming to Parliament with his review each year to tell us about the great leaps that the Government are making towards improved data use in public service delivery and improving their digital talent and culture.

If the Government are serious about pushing forward digital transformation with the power of data, new clause 16 provides them with an annual victory lap. If things are falling behind, if the problems that the “State of digital government review” identified are not being rectified, this measure would ensure that they can be scrutinised and held to account. We cannot let the Government fall again into the state that their review found them to be in. I hope that my new clauses could fire the starting gun for a Government that is ambitious and innovative about their data use and digitisation in future.

The Minister heard me make many of the same arguments on Second Reading. I was pleased with the warmth of his reception then, as well as the broad understanding of his Department that we need to do more and do it better. I hope that he can provide me with some commitments today on the issues that I have raised, for the benefit of the citizen’s experience and of everyone we represent. I will end by quoting from the conclusion of his Department’s review—I am grateful to the Government for publishing those findings—which sums up the points I have made excellently:

“Digital is one of the most powerful forces for public service reform, and when it is successful, it changes lives and the public experience of government…However, our approaches to leadership, structure, measurement, talent and funding do not yet do justice to this potential: it is time to transform and reform the way we do digital.”

[Chris Bryant]

I note that before the break we had the Sugababes, and that now we have “The Tempest”—I think the hon. Gentleman managed to get in a very brief quote, or I guess his version of it: O brave new world that has such data in it.

The hon. Gentleman excoriates the Government for moving too slowly and for not taking enough powers to be able to move faster, and yet several of the amendments that the Liberal Democrats have tabled have been ones that insist that we should have more accountability to Parliament and a slower process, and should not have such regulation-making powers. It is often difficult to decide between those two because we want enough parliamentary scrutiny, but in an area of rapid technological change it is important that legislation is able to move fast enough to adapt. The hon. Gentleman rightly refers to digital inclusion as a key aspect of the Bill. If we are going to take forward a digital nation and a digital Government plan, we have to factor in the fact that some people will simply not be able to take part unless we take radical action to include them digitally.

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I hope I have shown that this addition to the Bill is unnecessary, so I hope the hon. Gentleman will not press his amendment to a Division.

[Steff Aquarone]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 52, in schedule 14, page 242, line 33, at end insert—

“(1A) The appointment of the Chair of the Information Commission must be subject to approval by a resolution of each House of Parliament.”

This amendment seeks to strengthen the regulator’s independence by subjecting key appointments to Parliamentary approval.

Schedule 14.

Clauses 118 to 120 stand part.