Data (Use and Access) Bill [HL]

Lord Rooker Excerpts

Consideration of Commons amendments and / or reasons
Monday 12th May 2025 Lords Chamber

Without doubt we must collaborate with these new technologies in ways that enhance, rather than replace, the human element of creativity. Let us not shy away from this challenge that may inadvertently affect our children’s future, but rather confront it with open eyes and united voices, ensuring that the art of creativity in all its human richness can continue to thrive in this evolving world. For these reasons, I wholeheartedly support the amendment from the noble Baroness, Lady Kidron, and urge others to do the same.

[Lord Rooker (Lab)]

My Lords, this is my first contribution on this Bill, although I have sat in every debate on this issue going back to Committee. I do not have a creative nerve in my body—I have nothing to declare—but my life and those of hundreds of millions of others have been enhanced by writers, actors and music-makers across the world.

It is sad in a way—and this is not a criticism of anybody personally who is around at the present time—that the nature of Labour in Parliament has changed. When I arrived in the Commons 51 years ago, on the Labour Benches was Maurice Edelman, 30 years there from 1945, a writer of fiction and non-fiction of note. My near neighbour, parliamentary-wise, was Andrew Faulds, who was already in; he played Jet Morgan in “Journey into Space” and Carver Doon in the series of “Lorna Doon”. In fact, I have been wondering in the last couple of days, knowing I was going to refer to him, how the little people—the little helpers for the Prime Minister in the Whips’ Office in the other place—would cope with Andrew today. He was a formidable character who could scare the life out of his friends.

Thirty years after that, I joined this place. Ruth Rendell was on the Benches. David Puttnam, the world-renowned producer, joined some years later, and we have my noble friend Lord Cashman. I make this personal. I do not speak for any of them and have not spoken to anybody about what I was going to say, although I indicated my view to the noble Baroness, Lady Kidron, at the weekend. But I am being asked to deliver wholesale—I have to say that I have a bit of criticism about delivery—the work of these people to big tech. I am not doing it. I have not the slightest intention of doing it, which is why I shall vote for this amendment.

[The Earl of Dundee (Con)]

I too support the noble Baroness.

As I said at the previous stage of this Bill, it surely goes without saying that our United Kingdom copyright law has to counter the increasing theft of intellectual property by artificial intelligence companies.

As the noble Baroness’s present amendment illustrates, we should provide transparency criteria that would allow copyright holders to identify when and from where their work has been taken. I am sure that all your Lordships will agree with that aim, as well as being well aware of the strong human rights back-up support to us from the 46 states’ affiliation of the Council of Europe, of which the United Kingdom remains a prominent member and of whose education committee I am a recent chairman.

As many of your Lordships know, first and foremost, Article 8 of the European Convention on Human Rights protects the right to privacy, including of personal data. Article 1 of its initial protocol protects property rights, including intellectual property rights and copyright.

Secondly, Article 5 of the Council of Europe Convention on Cybercrime prohibits system interference by, for example, the transmission of computer data, while its Article 10 stipulates

“Offences related to infringements of copyright and related rights”.

Thirdly, Article 11 of the 2024 Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law safeguards privacy and personal data.

Regarding copyright protection in recent centuries, and as emphasised at an earlier stage of our discussions on this Bill, we can be justly proud of our own United Kingdom record, beginning, as is well known, with the Statute of Anne 1710, which granted legal protection to publishers of books.

In the interests of those both here and abroad, we must now uphold the high standards of that tradition. The United Kingdom should guide the good practice. Here, today, supporting the noble Baroness’s amendment is a clear example of our ability so to do.