Children’s Wellbeing and Schools Bill

Debate between Baroness Harding of Winscombe and Baroness Benjamin

Monday 27th April 2026 Lords Chamber

[Baroness Harding of Winscombe (Con)]

My Lords, it is a huge privilege to follow the noble Lord, Lord Hacking. I am sure many noble Lords will have the same sentiment as I do in thanking him for his extraordinary service to his country.

I would like to associate myself with everything that the noble Lord, Lord Clement-Jones, has said, and particularly add my support to Motion A2 from the noble Baroness, Lady Kidron. I will not repeat those arguments, but I want to make two particular points. It is of great sadness to me that, on this topic, we appear no longer to be working as a collaborative group. Those of us who worked on the Online Safety Act, across all sides of this House and the other place, spent quite a lot of time together discussing how to find common ground. That seems to have been absent in the last couple of weeks. Although I really recognise the effort that both Ministers on the Front Bench today have put into this personally, we have really missed out on trying to find that common ground that I think all of us here want to find to protect children.

As a result, I find myself again supporting my noble friend Lord Nash on an amendment that I really do not like in order to try to get to the amendment that I really do like in the name of the noble Baroness, Lady Kidron. I think that is because we have lost the ability to collaborate on this topic, which is a great shame and something that none of us should feel very proud of. I think there is a path; it is about time, as everyone has been saying. I am afraid I do not believe that “a ceiling, not a target” works. That is not what has happened with the Online Safety Act at any stage. Every ceiling has definitely been a target and some of them have been missed. I am afraid the same is true for the DMCC Act; in this digital world, ceilings definitely become targets.

The Minister says that there is the power to review the enforcement of Ofcom. When are the Government going to use that power? A commitment to use it, to shorten the time and to work collaboratively throughout the consultation would move quite a few of us.

[Baroness Benjamin (LD)]

My Lords, the Government are arguing that they need much more time to consider the evidence because of the given challenges of enforcement. But the bereaved parents who have lost their children through online harms do not agree. They want action now, not some time in the future.

Last week, I met again the bereaved parents who have written a letter to the Prime Minister. They desperately wanted to meet the Prime Minister personally to show their strength of feeling for having a social media ban for under-16s. To hear their harrowing, heartbreaking stories would make any morally minded person weep. The Prime Minister has met the tech companies: why not also with those who have suffered the tragic losses of their children? The bereaved parents felt so hurt by that. They are seeking change so that other families do not have to go through what they had to endure and still do every day since their loss.

Right now, as we debate at this moment, a child is being affected negatively by social media harms. How many more children will be harmed every day by the dangerous, addictive effects of social media before something is done to stop it as soon as possible? I urge the Prime Minister to meet the bereaved parents to give them hope and security; for the Government to accept the amendment from the noble Lord, Lord Nash, for the sake of our children’s future happiness and mental well-being; and to give the nation’s thanks to all the bereaved parents who are fighting and campaigning for change. Let us not let them down. Let us act now. Remember, as I keep saying, childhood lasts a lifetime.

Online Safety Bill

Debate between Baroness Harding of Winscombe and Baroness Benjamin

Committee stage
Tuesday 25th April 2023 Lords Chamber

[Baroness Benjamin (LD)]

My Lords, I add my support for all the amendments in this group. I thank the noble Baroness, Lady Ritchie, for bringing the need for the consistent regulation of pornographic content to your Lordships’ attention. Last week, I spoke about my concerns about pornography; I will not repeat them here. I said then that the Bill does not go far enough on pornography, partly because of the inconsistent regulation regimes between Part 3 services and Part 5 ones.

In February, the All-Party Parliamentary Group on Commercial Sexual Exploitation made a series of recommendations on the regulation of pornography. Its first recommendation was this:

“Make the regulation of pornography consistent across different online platforms, and between the online and offline spheres”.


It went on to say:

“The reforms currently contained in the Online Safety Bill not only fail to remedy this, they introduce further inconsistencies in how different online platforms hosting pornography are regulated”.


This is our opportunity to get it right but we are falling short. The amendments in the name of the noble Baroness, Lady Ritchie, go to the heart of the issue by ensuring that the duties that currently apply to Part 5 services will also apply to Part 3 services.

Debates about how these duties should be amended or implemented will be dealt with later on in our deliberations; I look forward to coming back to them in detail then. Today, the question is whether we are willing to have inconsistent regulation of pornographic content across the services that come into the scope of the Bill. I am quite sure that, if we asked the public in an opinion poll whether this was the outcome they expected from the Bill, they would say no.

An academic paper published in 2021 reported on the online viewing of 16 and 17 year-olds. It said that pornography was much more frequently viewed on social media, showing that the importance of the regulation of such sites remains. The impact of pornography is no different whether it is seen on a social media or pornography site with user-to-user facilities that fall within Part 3 or on a site that has only provider content that would fall within Part 5. There should not be an either/or approach to different services providing the same content, which is why I think that Amendment 125A is critical. If all pornographic content is covered by Part 5, what does and does not constitute user-generated material ceases to be our concern. Amendment 125A highlights this issue; I too look forward to hearing the Minister’s response.

There is no logic to having different regulatory approaches in the same Bill. They need to be the same and come into effect at the same time. That is the simple premise of these amendments; I fully support them.

[Baroness Harding of Winscombe (Con)]

My Lords, earlier today the noble Baroness, Lady Benjamin, referred to a group of us as kindred spirits. I suggest that all of us contributing to this debate are kindred spirits in our desire to see consistent outcomes. All of us would like to see a world where our children never see pornography on any digital platform, regardless of what type of service it is. At the risk of incurring the ire of my noble friend Lord Moylan, we should have zero tolerance for children seeing and accessing pornography.

I agree with the desire to be consistent, as the noble Baroness, Lady Ritchie, and the noble Lord, Lord Browne, said, but it is consistency in outcomes that we should focus on. I am very taken with the point made by the noble Lord, Lord Allan, that we must be very careful about the unintended consequences of a consistent regulatory approach that might end up with inconsistent outcomes.

When we get to it later—I am not sure when—I want to see a regulatory regime that is more like the one reflected in the amendments tabled by the noble Baroness, Lady Kidron, and my noble friend Lord Bethell. We need in the Bill a very clear definition of what age assurance and age verification are. We must be specific on the timing of introducing the regulatory constraints on pornography. We have all waited far too long for that to happen and that must be in the Bill.

I am nervous of these amendments that we are debating now because I fear other unintended consequences. Not only does this not incentivise general providers, as the noble Lord, Lord Allan, described them, to remove porn from their sites but I fear that it incentivises them to remove children from their sites. That is the real issue with Twitter. Twitter has very few child users; I do not want to live in a world where our children are removed from general internet services because we have not put hard age gates on the pornographic content within them but instead encouraged those services to put an age gate on the front door. Just as the noble Lord, Lord Allan, said earlier today, I fear that, with all the best intentions, the desire to have consistent outcomes and these current amendments would regulate the high street rather than the porn itself.