Data (Use and Access) Bill [HL]

(Limited Text - Ministerial Extracts only)

Consideration of Commons amendments and / or reasons
Wednesday 4th June 2025 Lords Chamber

Moved by

[Baroness Jones of Whitchurch]

That this House do not insist on its Amendment 49F, to which the Commons have disagreed for their Reason 49G, and do propose Amendments 49H, 49J, 49K, 49L and 49M in lieu of Amendment 49F—

49G: Because the proposed statement to the House of Commons is unnecessary, given the economic impact assessment and report which are required to be published and laid before Parliament by Commons Amendments 45 and 46, and because it is not appropriate to require the Secretary of State to publish draft legislation within three months of publishing those documents.

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Amendment to the Bill
49M: After Clause 134, insert the following new Clause—
“Progress statement
(1) The Secretary of State must, before the end of the period of 6 months beginning with the day on which this Act is passed, lay before Parliament a statement setting out what progress has been made towards the publication of—
(a) the economic impact assessment required by section (Economic impact assessment), and
(b) the report required by section (Report on the use of copyright works in the development of AI systems).
(2) The duty in subsection (1) does not apply where the economic impact assessment and the report have been published before the end of the period described in that subsection.”

[The Parliamentary Under-Secretary of State, Department for Business and Trade and Department for Science, Information and Technology (Baroness Jones of Whitchurch) (Lab)]

My Lords, in moving Motion A, I will also speak to Motion A1. Following on from colleagues discussing this in the other place yesterday, we are back here again today to debate this issue of AI and copyright. Your Lordships will see on today’s Order Paper amendments from the Government providing legislative underpinning to the commitments I made on Monday. My letter to noble Lords yesterday set out in detail what these amendments do alongside everything else the Government have done to respond to noble Lords’ concerns. I hope this helped to dispel the feeling that the Government are not listening and have not compromised. It also puts beyond any doubt the Government’s views on the issues at hand, especially the issue of transparency.

The solution to these issues is what we have said all along. There is no disagreement with our plan to finish analysing the consultation processes, convene technical working groups, make a Statement to the House on progress, and then bring forward reports setting out our proposals and our economic impact assessment of them. I am glad to make amendments to the Bill to give this plan legislative effect. This is consistent with our approach of hearing concerns, responding to them and moving the Bill forward. I urge noble Lords from across the House to support them.

The only issue on today’s Order Paper with which there is any disagreement is the question of whether the Bill should mandate the future production of a draft Bill, its contents and it going through the pre-legislative scrutiny process. I hope that noble Lords agree with what I put in my letter to them: we cannot, should not and must not prejudge the outcome of these processes. Despite assertions to the contrary, good government does not assume what 11,500 detailed responses to its consultation will say.

Our plan—to consult properly and finish the job, carrying out the processes as now mandated in the Bill and then bringing forward legislation that both Houses of Parliament can have confidence in—is surely the right one. A draft Bill is not a plan to solve the problem. Indeed, it could have the consequence of delaying the very reforms that your Lordships have called for. For these reasons, I hope that noble Lords will support the amendments in my name, but not continue to insist on Amendment 49F today.

Before I finish, I will address the question of double insistence. Today, noble Lords have been presented with a question of whether to go even further than we have come so far during ping-pong and choose whether they want the entire Bill to fall if the Government do not accept the amendment from the noble Baroness, Lady Kidron. I sincerely hope that it does not come to this, for it would mean that noble Lords are willing to countenance the unprecedented: trying to collapse a Bill that does nothing to weaken copyright law, but which does deliver many of the elected Government’s manifesto commitments—for example, a data preservation process supporting bereaved parents; new offences for intimate image deepfake abuse; smart data schemes such as open banking that businesses have been crying out for; and a framework for research into online safety.

This would mean that noble Lords are willing to try to collapse a Bill that the elected Government are using to grow the economy by £10 billion, the number one mission from their manifesto and election campaign; that makes vital, uncontroversial and necessary amendments to our national security and policing laws to keep us safe; that will save 140,000 hours of NHS time per year, with the potential to reduce medication errors by 6.8 million and prevent 20 deaths per year; and that the elected House has voted overwhelmingly in favour of four times. I urge noble Lords to choose instead the Government’s plan to solve this issue and vote with the Government today. I beg to move.

Motion A1 (as an amendment to Motion A)

Moved by

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Obviously, I do not know how matters today are going to conclude, but should the outcome go against them I urge the Government to strain every sinew, listen to the House, work closely with the noble Baroness, Lady Kidron, and find a way to make it happen to end this chaotic period of uncertainty that helps nobody. That said, as I said on Monday, as a responsible Opposition we do not wish to engage in protracted ping-pong and will ultimately simply respect the will of the elected Chamber.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank all noble Lords for their contributions today and throughout this process. Colleagues have spoken consistently with passion and eloquence, as befitting the many, varied and celebrated interests that noble Lords have in the creative industries. As I have said on numerous occasions and feel I do not need to repeat, this Government are absolutely committed to the creative industries. We want them to flourish, and we have a plan to achieve this.

I am grateful to noble Lords who took the time to read the letter I sent to Members of your Lordships’ House last night, which, I hope, sets out more clearly our approach to these important issues. Given our debates to date and the letter, I will spare the House a full repetition of our position. However, our concern remains that any legislation mandated now, whether a draft Bill or regulations, will prejudge all the work required and result in laws that are not fit for purpose.

Contrary to some of the suggestions we have heard today, the Government have been listening carefully throughout the Bill’s passage. The Government have set out a plan to deal with this issue which includes additional compromises that respond to specific concerns raised by noble Lords in this House which have been put on the face of the Bill and would be strengthened if the House supports Motion A. I agree with my noble friend Lord Brennan that once the working groups get going it is vital that the creative sector has a voice in them. Of course it is our intention to deliver that.

The next step, which I know that noble Lords are keen to take, is simply to get on with it. The quicker the Bill is passed, the sooner we can put more resources into resolving the issues that noble Lords have raised. I agree with the noble Lord, Lord Russell, that we need to work together to find a solution that is appropriate for the UK, not for other countries, which will obviously have their own agendas. I also make it absolutely clear that there are no side deals in any agreement in the trade deal with the US.

Unless and until we reach Royal Assent we are basically stuck in limbo. We need to move on. I know noble Lords have spoken in support of the amendment from the noble Baroness, Lady Kidron, and she herself has called for action now, but we believe that the noble Baroness’s current amendment as drafted would take a long time to implement. It is intended to take effect after the proposals that we have set out in the Bill.

We have heard concerns about expediency and have tested how quickly we can pave a clear way forward, ensuring that all elements are considered in the round. I say to my noble friend Lord Brennan that of course we are aware of the urgency of this. This is why we will publish the economic impact assessment and the report the Bill requires within nine months. This will ensure that we are ready to act as soon as possible while also having sufficient time to consider all views and options. If the report and economic impact assessment are not published within six months of Royal Assent, the Secretary of State has made it clear that he will lay before Parliament a Statement setting out progress towards their publication.

The noble Lord, Lord Berkeley, asked for clarification on the copyright situation. The Government are clear that copyright must be complied with when copies are made to train AI models. This means that licences are required from copyright owners but in some circumstances a copyright exception may apply. If copying takes place in other jurisdictions, that country’s laws will apply. The law in this area is complex and disputed and it is not appropriate for us to comment on the litigation which noble Lords will know is currently before the courts. We recognise calls for greater legal clarity and this is why we have consulted and are now developing options for the way forward.

Noble Lords have raised the constitutional issue that we are dealing with today. The noble Baroness, Lady Kidron, said in her letter that the Bill is unusual as it started in the Lords and that, if the Lords insisted, the Government would have to accept the amendment or let the Bill fall. I will make our position absolutely clear: the primacy of the House of Lords applies equally to Bills that start in the Lords and in the Commons. This primacy is necessary for a democratic society. The views of MPs elected by the public should be respected, and the House of Commons has expressed its view on the issue of AI and copyright three times already.

[Lord Wallace of Tankerness (LD)]

I would be grateful if the Minister could clarify that, if the amendment of the noble Baroness, Lady Kidron, is carried, it will not scupper the Bill, but rather the Bill will go back to the Commons, where the Commons can provide an amendment in lieu. Therefore, the ball would be in the Commons’ court and the Government’s court; it will not scupper the Bill if we vote for the amendment of the noble Baroness, Lady Kidron.

[Captain of the Honourable Corps of Gentlemen-at-Arms and Chief Whip (Lord Kennedy of Southwark) (Lab Co-op)]

Could the Minister also just clarify her point about the primacy of the House of Commons? She just seemed to imply the opposite.

[Baroness Jones of Whitchurch (Lab)]

We regard the primacy of the House of Commons as absolutely paramount. As I have stated, at the end of the day if we are not careful, we will get into a situation—which I think the noble Baroness was beginning to raise—where we will not be able to accept the primacy of the House of Commons. To us, that is absolutely paramount.

Passing the Bill will also let us get on with delivering the other measures it contains, many of which have been championed by noble Lords for some time— and I welcome the support of the noble Viscount, Lord Camrose, for all of these. The Bill has had broad support, which was enjoyed in the last Session too, and that is testament to the work done by this Government and the previous one on these issues, and why both our party and the Opposition advocated for the Bill and its policies during the general election.

Many noble Lords, including the noble Baroness, Lady Kidron, have spoken in this and other debates about the good that these measures will do. I am glad to recall her warm support during our Second Reading debate for the data preservation measures for coroners to preserve data when a child dies, and her wishes for the Bill’s swift passage to see that become law, and I agree with her. I also recall the noble Lord, Lord Clement- Jones, saying that this version of the Bill was much improved from the last, and that as we have done so much scrutiny of its predecessor, we should be able to make good progress.

These policies and the significant economic benefits they will bring are why the elected House has voted in favour of the Bill’s continued passage four times in a row. It has exercised its choice. We now have to get on with the job—for the bereaved parents, the victims of deepfake intimate image abuse, the charities that want to use the soft opt-in and the businesses keen to benefit from the use of smart data and all the many and various benefits of the measures and manifesto commitments in the Bill. I urge your Lordships to accept the Government’s new amendments and let the Bill pass into law, rather than moving us to the precipice where we could face collapsing it entirely.

[Lord Watson of Wyre Forest (Lab)]

I am very disturbed that the Minister says there is a potential for the Bill to collapse, with all the important measures within it. If the other place chooses to collapse the Bill, can she tell me which Cabinet Minister or adviser will take responsibility for what is clearly an unprecedented legislative and political failure?

[Baroness Jones of Whitchurch (Lab)]

As I keep saying, the primacy of the House of Lords—sorry, the House of Commons—is absolutely vital.

[Noble Lords]

Oh!

[Baroness Jones of Whitchurch (Lab)]

Noble Lords can laugh about this, but it is a really serious issue that is absolutely fundamental to our democracy. The House of Commons has made its position clear on a number of occasions now, and it is not right that the House of Lords continues to try and overturn that.

[Baroness O'Loan (CB)]

My Lords, I have listened with great respect to the Minister, but she has stated repeatedly that we are going to deprive the country of all the other measures in the Bill that are accepted. That is not the case. It is not necessary for the Bill to collapse at all; what is necessary is for the Government to take some positive action. It would be appropriate for her to accept that in her closing remarks and confirm that, if this House votes in favour of the amendment from the noble Baroness, Lady Kidron, the Bill will not collapse.

[Baroness Jones of Whitchurch (Lab)]

As I have said, there is a danger that the Bill will collapse if the Lords continues in its current form, and that is not what any of us want. I hope that everybody here accepts the primacy of the House of Commons, which is absolutely fundamental to our democracy.

Lastly, I give my thanks to the public servant whose character and motives were questioned in the House on Monday. Public servants are not able to defend themselves when attacked, and instead of criticism they deserve our thanks. I want to take the opportunity to recognise their long record of distinguished and dedicated public service, not just under this Government but also the previous ones.

At times, it has felt like this debate has indeed brought us to the edge of reason. I hope that today your Lordships’ House will unite around our approach and the fundamental constitutional principles by supporting Motion A in my name.

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18:03

Division 1

Ayes: 221

Noes: 116