Data Protection Bill [HL]

Debate between Lord Lucas and Lord Stevenson of Balmacara

Monday 13th November 2017 Lords Chamber

[Lord Lucas (Con)]

My Lords, I thank the Open Rights Group for pushing for this amendment, and particularly the Public Bill Office for getting it into a form that is acceptable in the Bill. This amendment addresses age verification for accessing pornography; currently there are no specific safeguards. However, sexual preferences are very sensitive, so this amendment allows—it does not compel—regulation at a higher level than is currently the case. The pornography industry has a woeful record of regular, large-scale breaches of data security and I do not believe that we should trust it. Even if we think we might trust the industry, we ought to be in a position where we do not have to. Our young people deserve proper protection regarding some very sensitive data.

I believe that we should take this seriously—my experience of young boys of 14 and 15 is that they are being exposed to high-grade pornography on a large scale, something that in the context of their relationships with women later in life we may want to think about carefully. Therefore, surely we should take the opportunity to give ourselves the powers to take action, should we decide that that is necessary, rather than having to come back to primary legislation with all the time and delay that that involves. We can anticipate this difficulty—we can see it coming down the tracks—so let us prepare for it. I beg to move.

[Lord Stevenson of Balmacara (Lab)]

My Lords, I am completely discombobulated because the noble Lord, Lord Lucas, has hidden himself on the far right-hand side of the Chamber, which makes it very difficult to engage with him—but I am sure we can get over it. He is also incredibly skilful to have got an amendment of this type into the Bill, because we were looking at this issue as well but could not find a way through. I would like a tutorial with him afterwards about how to get inside the interstices of this rather complicated legislative framework.

I must say that I have read his amendment several times and still cannot quite get it. I shall therefore use my usual strategy, which is to come in from an aerial height on a rarefied intellectual plane and ask the Minister to sum up in a way that I can understand—but under the radar I will ask for three things. First, we spent a lot of time on this in the Digital Economy Act. It is an important area and it is therefore important that we get it right. It would be quite helpful to the Committee, and would inform us for the future, if we could have a statement from the Dispatch Box or a letter saying where we have got to on age verification.

I hear rumours that the system envisaged at the time when the Digital Economy Act was going through has not been successful in practice. I think that we have heard from the Minister and others in earlier groups in relation to similar topics that in practice the envisaged age verification system is not being implemented as it stands. What is happening is that the process of trying to clear up this area and making sure that age verification is in place is actually being carried out on a voluntary basis by those who run credit cards and banking services for the companies involved and for whom a simple letter from the regulator, in this case the BBFC, is sufficient to cause them to cease to process any moneys to the sites concerned—and, as a result, that is what is happening in the pornography industry. That may or may not be a good thing—it is probably too early to say—but it was not the intention of the Bill. That was to have a system that was dependent on a proper age verification system and to make the process open and transparent. If it is different, we ought to know that before we start considering these areas.

My third point is that we would rely on Ministers to let us know whether it is necessary to return to this issue in the sense of the information that we hope will be provided. It is only at that level that we can respond carefully to what the noble Lord said—although I have no doubt that it is a very important area.

Data Protection Bill [HL]

Debate between Lord Lucas and Lord Stevenson of Balmacara

Committee: 2nd sitting (Hansard): House of Lords
Monday 6th November 2017 Lords Chamber

[Lord Lucas (Con)]

My Lords, I will speak briefly to support this amendment and particularly what the noble Lord, Lord McNally, has just said. We are asking our children to take on a whole set of responsibilities for which we, let alone they, are not prepared. The social consequences of social media and how to handle them produce enormous stresses on friendship. As for where this amendment is directed, there are also the consequences for children in the way their data are gathered and used, which we do not understand. The House of Lords can now track where each of us was geographically over the last month. It is all on our phones. A complete record is kept unless you happen to have turned it off. When did we give permission for that? If we cannot handle it, how can we expect our children to be able to handle it?

It is also quite clear that the sort of middle-range teenagers—14 and 15 year-olds, boys in particular—are living in a world of extreme pornography, in quality and content, that is quite unprecedented. What effects we can expect that to have on relationships between the genders when they get through to university and life afterwards I do not know. We cannot abrogate our responsibility to make sure that children are looked after properly and that we are not exposing them to amoral companies—I am not aware that any of these companies have a deep moral sense, whatever they may claim. We entrust their upbringing and education to that, but we care very much about their mental health, their sense of society, their sense of relationship to each other and the qualities that they will bring to the world as young people. We ought to be doing something about it in schools. We probably need a bit of thought as to what that should be, but we absolutely should not be doing nothing.

[Lord Stevenson of Balmacara]

My Lords, I am very sorry for interrupting the noble Lord, Lord McNally, as what he had to say was very apposite and appropriate. I thought at one stage that he was going to say that he had been around for the passing of the first reform Act as well as everything else he was talking about, but I must have misheard him.

This has been a good debate, which has tended to range rather widely, mainly because it is so important we get this right. I confidently expect the Minister to respond by saying that this is a very good idea but he lacks the power to be able to give any response one way or another because it lies in the hands of one of his noble friends. That of course is the problem here, that we have another linked issue. Whitehall is useless at trying to take a broader issue that arises in one area and apply it in another. Education seems to be one of the worst departments in that respect. I mean that, as it has come up time and again: good ideas about how we need to radicalise our curriculum never get implemented because there seems to be an innate inability in the department to go along with it. It may well be that the changes to the structure of education in recent years have something to do with that. It is good to see in the second line of this amendment that this would apply to “all children” irrespective of the type of school or type of organisational structure that school is in, so that it applies to everyone. We support that.

However, two worries remain that still need to be looked at very hard, and the noble Lord who just spoke was on the point here. Do we have the skills in the schools to teach to the level of understanding that we are talking about? I suspect that we do not. If so, what are we going to do about that? Thirdly, I suspect that our kids are way ahead of us on this. They have already moved across into a knowledge and understanding of this technology that we cannot possibly match. Teaching them to go back to basics, as has been the case in previous restructuring of the curriculum, is not the right way. We need a radical rethink of the overall curriculum, something which is urgent and pressing. It is raised, interestingly enough, in a number of publications that are now appearing around the industrial strategy. If we do not get this right, we will never have a strategy for our industries that will resolve all the issues we have with improving productivity. I hope the Minister will take this away.