Data (Use and Access) Bill [HL]

Baroness O'Loan Excerpts

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

[Lord Dobbs (Con)]

My Lords, like the noble Baroness, Lady Benjamin, I need to declare my interest. I was in a bookshop and a lady of, let us say, a certain number of years scuttled over to me and said, “You’re Michael Dobbs, aren’t you? I’ve always wanted to meet you and tell you that I read one or two pages of your book before I fall fast asleep at night”. I am glad that the noble Baroness’s experience was rather better—though I took it as a compliment.

Like the noble Baroness, Lady Kidron, and so many others, I am desperately sad that we are where we are. This is not just a disagreement about the Bill. This has become a more fundamental disagreement about the rights and the responsibilities of the Government—their right to get their legislation through and their responsibility to listen. The Government Front Bench insists that it is listening, but not even their Back Benches believe that. In the first round of ping-pong, Ministers managed to get only 125 Members to vote for them, on what I assume was a whipped vote. The Government soldiered on, but, in the second round of ping-pong, their vote fell. In the third round, on Monday, their numbers fell yet again. It was a little like watching Napoleon’s retreat through the snow from Moscow. On Monday, only 116 stumbled through the drifts in the government Lobby, which included all the officer class on the payroll—although I see that the screws appear to be on today. That 116 was despite, if I may say so, a gallant intervention by the noble Lord, Lord Liddle—many of us will remember that. It was a brave speech in support of the Government; indeed, it was the only speech in support of the Government.

From every corner and every Bench in this House, even the Government’s own Benches, the plea has gone up: please listen. The Government have not responded. They have given us nothing but silence; the silence of a forest in winter, frozen and unbending. It is so strange and so unnecessary. They have changed their mind on so many other things—even winter fuel payments, I understand—but not on this. I suggest to the Government that they are using up their credit in this Chamber and they cannot be surprised if, in future days, when the snow melts and their way turns to mud, as it does for all Governments, the courtesies that they expect from this Chamber are not given as willingly as they might be. When the conventions of this House are so blithely ignored, they cannot always be easily rebuilt.

Ping-pong is not a game. It is a most profound expression of the right of this House to ask the Government to listen to its advice. That advice has been given with more eloquence, more persistence, and indeed more authority and passion than I can ever recall. It would not surprise me if Elton John were to write a new song about it— “Candle in the Wind”, or perhaps “fading footsteps in the snow”, along with the fading rights of every copyright holder in the country. Noble Lords may laugh if they wish, but 2.4 million people, their families and their friends will not think it a laughing matter. I find it a great shame. I leave it to others to decide whether it is also deeply shameful.

[Baroness O'Loan (CB)]

My Lords, I have not spoken previously on this issue, and I do not have the creative abilities of so many noble Members of this House, but I have listened repeatedly to these debates. It is right now to speak briefly in support of protecting our creative industries so that we can continue to reap the ripe rewards of their efforts.

We have to consider, as the noble Lord, Lord Russell, said, whose interests are being protected here. We have a duty to protect the wonderful creativity of our own country, which gives us so much pleasure and informs, educates and develops us in more ways than anything else can. We are under no obligation to protect others, but we are under an obligation to protect the interests of our people, not of massive tech industries.

I will support the noble Baroness, Lady Kidron, because her amendment is the right thing to do. Even at this late stage, His Majesty’s Government could choose to act positively to respond to the massive concern that has been articulated in your Lordships’ House. If they do not do so, I very much hope that the noble Baroness, Lady Kidron, will seek to call a Division on this matter.

[Lord Parkinson of Whitley Bay (Con)]

Yesterday, in another place, Conservative MPs voted proudly for the amendment in the name of the noble Baroness, Lady Kidron, including my fellow members of the shadow DCMS team, and they stand ready, I am sure, to do the same again, if necessary. I understand the reticence of many noble Lords for prolonged rounds of ping-pong, but I have to say, as the noble Lord, Lord Russell of Liverpool, pointed out, this is not unprecedented. We would not be in this position if the Government had not wasted the first two opportunities by hiding behind points of process on financial privilege rather than engaging with the substance of the argument that the noble Baroness put.

The Bill began in your Lordships’ House, and the noble Baroness is right to insist upon this; there are important points of principle at stake about the protection of private property and the dignity of labour. This is not the point that would kill the Bill; it would ask the Government to come forward with a bit more compromise and respect than they have shown so far. I am proud to be a member of a revising Chamber that stands up for those principles and that power of scrutiny.

--- Later in debate ---

[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.