Data (Use and Access) Bill [HL]

Debate between Lord Pannick and Lord Dobbs

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

[Lord Pannick (CB)]

The noble Lord, Lord Knight, said from the Government Benches that his Government have handled this issue badly. I think he used the word “appallingly”. That is indisputable. The question I have is, why? I suggest that the answer may have been stated by my noble friend Lord Russell of Liverpool. He put his finger on the point, referring to the concern of the United States Administration to protect the interests of AI companies. Noble Lords may know that the head of the United States Copyright Office was sacked last month, the day after she published a report identifying the importance of AI companies respecting copyright rights.

I have a question for the Minister, which I hope she will answer frankly. She said in her opening remarks that she recognised the importance of transparency. Will she tell the House, in the interests of transparency, what weight the Government have given to the concerns of the United States Government in resisting the repeated amendments of the noble Baroness, Lady Kidron, over the last few weeks?

[Lord Dobbs (Con)]

Before the noble Lord sits down, on Monday I asked almost precisely the same question of the Government and asked for a guarantee that no side deals or side understandings, or anything like that, had been done regarding the trade agreement we have with the United States. No answer has yet been forthcoming; I wish the noble Lord well in his adventure.

[Lord Pannick (CB)]

I am delighted to be associated with the noble Lord on this, as on many other topics.

European Union Referendum Bill

Debate between Lord Pannick and Lord Dobbs

Monday 14th December 2015 Lords Chamber

[Lord Dobbs]

I am grateful to the noble Lord for that fascinating point. So much has already been said about how we should not be chopping our constitution into pieces in a piecemeal fashion. That is something that I think the whole House, including this side of the House, should consider very carefully.

Do we today want to add weight to the views of those who regard us as unaccountable panjandrums—the unwashed, the unelected? Where will that leave us? It would be like passing around the rope to those who want to hang us. Ultimately, matters of the franchise have to fall within the privileged remit of the Commons, just like matters of finance, as matters for those who have been elected with a duty to decide. In my view, we would be overstretching our rights and certainly overstretching our wisdom if we were to take this matter further. This is one barricade we should not build. I will continue to support the cause of young people, but I cannot support this amendment. The referendum is waiting; we should get on with it.

[Lord Pannick (CB)]

My Lords, there are many reasons for supporting the Government today, all of which were given by the Minister, but I have to say to the noble and learned Baroness, Lady Butler-Sloss, that I do not agree that financial privilege is a reason to support the Government. It is an obscure subject, and I commend to the House the very helpful paper published by Dr Meg Russell and Mr Daniel Gover of the Constitution Unit of UCL in March 2014.

Financial privilege did not prevent the other place from addressing the merits of this House’s amendment; equally, the fact that financial privilege was asserted by the House of Commons after the certification by the Speaker does not prevent the noble Baroness, Lady Morgan, from bringing forward her amendment in lieu. It does not prevent this House voting on the merits of the amendment—or, as I see it, its lack of merit.

As I understood him, the Minister accepted that that is the case. The Constitution Unit paper concludes on page 13 that,

“it is not considered contrary to the convention for the Lords to respond to financial privilege with … an amendment in lieu … for as many rounds of ping pong as it wishes”.

The normal rules of ping-pong apply. Therefore, financial privilege is a distraction rather than being central to this debate. That is not to dispute the supremacy of the elected Chamber, especially on the issue of the franchise, but that is a different matter. For the reasons given by the Minister, I shall be supporting the Government in the Division Lobby.