Oral Answers to Questions

Debate between Brendan O'Hara and Matt Hancock

Tuesday 10th March 2020 Commons Chamber

[Matt Hancock]

I am very happy to look into that individual case and to meet my hon. Friend, or for the Minister to meet him, to see what we can do.

[Brendan O'Hara (Argyll and Bute) (SNP)]

11. What assessment he has made of the potential effect of the proposed points-based immigration system on the provision of health and social care.

Oral Answers to Questions

Debate between Brendan O'Hara and Matt Hancock

Tuesday 18th June 2019 Commons Chamber

[Brendan O’Hara (Argyll and Bute) (SNP)]

Given the increased likelihood that the next Prime Minister will be determined to leave the European Union at the end of October, deal or no deal, will the Secretary of State update the House on what preparations are currently being made to protect the import of critical supplies such as insulin and radioisotopes?

[Matt Hancock]

Meeting the need for unhindered medicine supplies was an incredibly important piece of our Brexit planning, which was successfully completed ahead of 29 March. Of course we are updating those plans as we speak, but the ability to reassure people that there will be no impact on the supply of medicines is an important part of that work.

Oral Answers to Questions

Debate between Brendan O'Hara and Matt Hancock

Thursday 10th May 2018 Commons Chamber

[Matt Hancock]

I admire the hon. Gentleman’s modesty, because he merely asked for a place on the shortlist, as opposed to winning the decision. Of course, there will also be creative hubs for those cities to which Channel 4 does not move. I am sure that this afternoon’s Westminster Hall debate on this topic will be well subscribed, so that this debate can continue further.

[Brendan O’Hara (Argyll and Bute) (SNP)]

Glasgow’s bid to be Channel 4’s HQ has gathered cross-party and, indeed, cross-city support, with Edinburgh prepared to set aside ancient rivalries. Does the Secretary of State agree that with that level of support, coupled with its ability to draw on production infrastructure and creative and cultural talent, Glasgow ticks all the boxes?

[Matt Hancock]

I love Glasgow. It is an amazing city that is really going places. I am delighted that there is so much enthusiasm from every corner of the House for the fulfilment of a Conservative party manifesto commitment.

Oral Answers to Questions

Debate between Brendan O'Hara and Matt Hancock

Thursday 22nd March 2018 Commons Chamber

[Matt Hancock]

On the contrary, the Data Protection Bill is entirely compliant with the GDPR. Indeed, it implements the GDPR in the UK.

[Brendan O’Hara (Argyll and Bute) (SNP)]

I want to associate the Scottish National party with the Secretary of State’s comments remembering those who died last year and thanking those who keep us safe on a daily basis.

In the Data Protection Bill Committee this week, fears of achieving adequacy were raised time and again, including around immigration exemptions, as my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry) mentioned. Given what has just happened to the UK fishing industry, the “Trust us, it will be okay” approach has failed spectacularly. What cast-iron guarantees has the Secretary of State received from the European Commission that there is nothing in the Data Protection Bill that could jeopardise achieving adequacy?

[Matt Hancock]

We are entirely aligned on what we want to achieve, which is a Data Protection Bill entirely consistent with the GDPR, and that is what is before the House at the moment. Some amendments that have been tabled would make it more difficult for adequacy to be achieved, not least by introducing absolutist language on rights, as opposed to the nuanced language in the Bill at the moment. I urge the whole House to support the Government in our aim of achieving adequacy with the EU.

Blagging: Leveson Inquiry

Debate between Brendan O'Hara and Matt Hancock

Wednesday 7th March 2018 Commons Chamber

[Matt Hancock]

I respect my right hon. and learned Friend’s view. Indeed, it was an honour to serve with him in government. But the question that faces us is: what is the right thing to do now to ensure that we have high-quality democratic discourse, when the press face such great challenges, and to tackle fake news, deliberate disinformation, clickbait and the impact of the internet, which was hardly covered by this inquiry? We are taking that work forward. As I mentioned in my statement, allegations of behaviour such as this were covered and looked into by the original inquiry, and there were extensive police investigations. If it comes to another police case into these allegations, the existing law is there to cover it.

[Brendan O'Hara (Argyll and Bute) (SNP)]

Clearly these new reports are worrying and only add to the serious concerns that many of us across the House have about the behaviour of the press. Scottish National party Members have always said that individuals should be able to seek redress when they feel they have been the victim of press malpractice, and it benefits every one of us to have a media that is both transparent and accountable.

I repeat that if Leveson 2 is to be set up, the Scottish Government must be consulted and Scotland’s distinct legal system recognised. In those circumstances, we would support efforts to establish a new UK-wide press inquiry. What action, if any, is the Secretary of State proposing to take on these new allegations? Can he guarantee that if an inquiry is established, it would happen only after consultation with the Scottish Government and would take into account and respect Scotland’s distinct legal system?

[Matt Hancock]

Of course I respect the constitutional settlement. Action is necessary as a result of these revelations, and it is action for the police into allegations of what appear to be criminal activities.

Leveson Inquiry

Debate between Brendan O'Hara and Matt Hancock

Thursday 1st March 2018 Commons Chamber

[Matt Hancock]

Yes, of course. Not only have I made this statement today, but I will also be publishing a full response to the consultation, with full details—I will place a copy in the Library. I look forward to coming before the Select Committee to discuss this question narrowly, and also to discuss the wider actions we are taking, in which my hon. Friend is playing an important part, to make sure that we have a sound basis for political discourse in this country.

[Brendan O'Hara (Argyll and Bute) (SNP)]

I thank the Secretary of State for prior sight of his statement. I wrote to him on 22 February seeking an update on progress with the inquiry and asking if and when it would be implemented. I am pleased he has come to the Dispatch Box today at least to clarify that.

The Secretary of State will also be aware that the Scottish National party is absolutely committed to ensuring that the practices that led to Leveson in the first place do not happen again. Our position has always been that, should a UK-wide part 2 of Leveson go ahead, it must take into account the distinct legal context in Scotland.

We firmly believe that all individuals should have a right to redress when they feel that they have been a victim of malpractice. However, the Scottish Government have absolutely no plans to introduce statutory incentives for the press in Scotland to sign up to a state-approved regulator. Press regulation and the operation of the civil courts are areas that are clearly within the devolved competence of the Scottish Parliament, so can the Secretary of State assure us that he will respect the devolution settlement and the independence of the Scottish legal system? Does he agree that, by not doing so, he would set a dangerous precedent in determining the ability of the Scottish Parliament to take decisions in devolved areas?

[Matt Hancock]

I agree wholeheartedly with the hon. Gentleman. It is, of course, part of the devolution settlement that these issues are dealt with in Scotland. I of course respect the separate and distinct legal system in this area. He asks whether we will respect that in future, and he knows as well as I do that amendments have been made to the Data Protection Bill in the other place—that Bill will have its Second Reading in this House on Monday—that, with respect to data protection only, require a Leveson 2-type inquiry and the commencement of section 40 on a UK-wide basis. I look forward to discussing with the hon. Gentleman how we can make sure that we have the respect we need for the devolution settlement and for the Scottish press. The single best way that we can deal with the problem he rightly raises is by disposing of those amendments in their entirety.

Sky/Fox Update

Debate between Brendan O'Hara and Matt Hancock

Tuesday 23rd January 2018 Commons Chamber

[Matt Hancock]

The CMA’s report does address the fact that the proposed takeover by Disney is uncertain, and it sets out some details of potential options, given that uncertainty. Anybody can make written representations in the next three weeks, based on that interim report, and I will consider the question when I see the full report in the months to come.

[Brendan O’Hara (Argyll and Bute) (SNP)]

I thank the Secretary of State for advance sight of his statement. I have said many times in this place that plurality and diversity are vital components of an independent media, and therefore I welcome today’s findings by the CMA, which have put on the record the valid concerns that many people have about the further concentration of media ownership in fewer and fewer hands. Although the CMA has said that the deal, as it currently stands, does not meet the public interest test, I am pleased that it references a number of possible remedies.

We have heard reports that the owners of Sky might look to close down Sky News if it becomes an impediment in the takeover deal, with the possible loss of 500 jobs. Can the Secretary of State confirm that he will not allow employees of Sky to be used as pawns in any takeover when the final decision comes before him? If the takeover deal between Disney and Fox is likely to be green-lit, what impact will that have on his final decision, given Disney’s reported lack of interest in news broadcasting?

[Matt Hancock]

It is a matter of law that while consideration of the proposal is ongoing, Sky News cannot be shut down in advance of a decision—I can give the hon. Gentleman that assurance. He also made points about his views on the report published today; I shall reserve my judgement, see the final report and come to a conclusion based on that.

BBC Pay

Debate between Brendan O'Hara and Matt Hancock

Tuesday 9th January 2018 Commons Chamber

[Matt Hancock]

I pay tribute to the work of my right hon. Friend—my predecessor—who has brought to the EHRC’s attention the importance of acting in this case. It has a statutory duty to act when it sees unequal pay, and I am glad that, as of this morning’s announcement, it is taking that forward.

[Brendan O'Hara (Argyll and Bute) (SNP)]

May I add my congratulations and best wishes to the Secretary of State as he takes up his new position? Does he agree that, as a publicly funded institution, the BBC has to be both transparent and accountable and that the existence of this secret gender pay gap in the corporation shows that it has been anything but? Perhaps that would explain why the BBC management were so vehemently opposed to having to publish how much the BBC pays its top-earning presenters. I am sure the whole House will join me in thanking my predecessor, Mr John Nicolson, and the Select Committee on Culture, Media and Sport for their work in exposing this scandal. Does the Secretary of State believe that the BBC has acted unlawfully in this matter? Is he confident that the BBC should continue to police itself in such matters? Iceland now insists that all companies with more than 25 employees obtain Government certification of their equal pay policies or face heavy fines. Does he believe it is time that the UK followed suit?

[Matt Hancock]

Given the action that Conservative Members have taken to bring this transparency to the BBC, one would have thought that the Scottish National party might say that that was a good idea or welcome it. We strongly support the BBC, but we also believe that it is acting in its own self-interest by sorting out these sorts of issues, and we will make sure that it does.

Oral Answers to Questions

Debate between Brendan O'Hara and Matt Hancock

Thursday 21st December 2017 Commons Chamber

[Matt Hancock]

Yes, absolutely, and increasingly we need to ensure that the delivery works on both sides of the border. Obviously, what matters is getting the roll-out of superfast broadband to everybody in the borders and throughout the country. No matter where the administrative boundaries are, what matters is getting broadband connections to people.

[Brendan O’Hara (Argyll and Bute) (SNP)]

In this the season of good will, will the Minister join me in congratulating the Scottish Government following last week’s announcement that, despite it being a reserved matter, they are to invest £600 million in rolling out 30 megabit superfast broadband across Scotland, with priority given to rural Scotland, thereby making Scotland a truly world-class digital nation by 2021?

[Matt Hancock]

I will certainly join the hon. Gentleman in wishing a merry Christmas to everybody in the Scottish National party and the SNP Government in Scotland. I am delighted that, finally, three and a half years after being granted the money, they have got on with the start of the procurement, but it will take another year for the second phase of the roll-out to get going. He, and more importantly his constituents, will understand why we have grown tired of waiting for the Scottish Government and are getting on with delivering directly through local councils in Scotland in future.

Rural Communities in Scotland: Broadband

Debate between Brendan O'Hara and Matt Hancock

Wednesday 22nd November 2017 Westminster Hall

[Matt Hancock]

The Scottish Government got more than their fair share because they had a higher proportion needing supported rather than commercial access.

Until now, the Scottish Government have been happy to take the credit when things have gone right, but pass the buck when things have gone wrong—we saw more attempts at that this morning—so I am going to set out what has been going on. In 2014, we gave the Scottish Government more than £20 million for phase 2 of their superfast roll-out. Three years later, they have not only failed to sign that contract, but have not even opened the procurement yet. The Scottish Government are three years behind the fastest English local authorities in contracting for their roll-out.

In fact, Scotland is behind every single English local authority, behind the Welsh Government, behind Northern Ireland in getting going on phase 2 of its broadband roll-out. My own county of Suffolk, for example, has not only contracted phase 2; it has already contracted phase 3. There is a similar story in most other parts of the country—but not in Scotland. Worse, the Scottish Government project will not have contracts signed until the end of next year, which will be after the roll-out of phase 1 has finished, so they risk broadband delivery companies downing tools after completing phase 1 of the project, before phase 2 is ready to go. Elsewhere in the country, they got phase 2 going before the end of phase 1.

It is a great cause for regret that the Scottish Government have for more than three years sat on £20 million of UK taxpayers’ money, which could have been used to deliver broadband for the people of Scotland. The hon. Member for Argyll and Bute (Brendan O'Hara) raised the question of that £20 million. We offered it in 2014. A further £60 million is being returned from the first contract because of the level of take-up in phase 1, and another £14.5 million from underspending on that contract, and £30 million from city deals. In total, there is £125 million of UK taxpayers’ money waiting to be spent in Scotland—waiting for the Scottish Government to get on with it. So you can see why we and the people of Scotland are rightly frustrated at the Scottish Government dragging their feet.

Throughout the process, BDUK has offered technical support and assistance to Digital Scotland to try to get things going, but it seems that the Scottish Government’s fixation with pipe dreams of independence has distracted them from the job of delivering to the people they are meant to serve. It is part of a pattern.

As a result of our experience of delivering superfast broadband through the Scottish Government thus far, we have decided that for the next generation of broadband technology—full fibre—we will instead deal directly with local authorities across Scotland, as we do in England. We have already had a fantastic response, and I am looking forward to going to Aberdeenshire next week to see their pilot of a local full-fibre network project and to see progress on a test bed for 5G. I look forward to working constructively with Digital Scotland to deliver on the next steps of the superfast project and with local authorities across Scotland to deliver the next generation of technology that is coming rapidly.

[Brendan O'Hara]

The Minister said a moment ago that BDUK is on hand to offer technical solutions. Perhaps he is coming to my direct question on the problems of GigaPlus Argyll. BDUK offered no solutions; it absolutely abandoned GigaPlus Argyll and ignored me, as the Member of Parliament, on numerous occasions.

[Matt Hancock]

The hon. Gentleman should have been talking to Digital Scotland, because we gave the money to Digital Scotland to deliver, and for three years it has sat on that money and done nothing with it. What we need from the Scottish Government is not noise, but action for the thousands of people who have seen nothing but buffering while the Scottish Government have sat on their hands and sat on the money.

[Brendan O'Hara]

So, for clarity, is the Minister saying that BDUK has no role to play in the position of GigaPlus Argyll, despite it having been set up through BDUK? Is he saying that BDUK has no role to play for an elected MP to contact?

[Matt Hancock]

In future, BDUK and the UK Government will be delivering our full-fibre, next generation technology directly to local authorities in Scotland, instead of through the Scottish Government, because we have been so disappointed with the failure of the Scottish Government to deliver on money that has already been allocated.

TV Licence Fee

Debate between Brendan O'Hara and Matt Hancock

Monday 20th November 2017 Westminster Hall

[Matt Hancock]

My goodness! There are more people from Chester than women in this debate. What is it about the wonderful, great city of Chester that leads to so many people with an interest in one of our greatest national institutions? Chester, the city of my birth, is a great place. I was shocked to hear the hon. Member for City of Chester (Christian Matheson) describe himself as a leftie—he has never given any indication of that before. In this debate, like many others, he is probably closer to the Government position than to that of the leadership of his own party.

I am amazed at how much spare time the hon. Member for Cardiff West (Kevin Brennan) has to watch things on the BBC, to write texts about chaperoning Mrs Balls around the Labour party conference, to watch 1970s music programming and even to appear on Dave. I am delighted that he has spared a bit of time to turn up.

I am grateful that the hon. Member for Argyll and Bute (Brendan O’Hara) declared unambiguously the Scottish National party’s support for the BBC, but he made some unreasonable attacks because he was unhappy about what he perceived to be the BBC’s balance, which is a pity. He might be unhappy with the outcome of the referendum, but I think that the reporting surrounding the referendum truly demonstrated the impartiality to which the BBC is committed. When it comes to the BBC’s representation and its expenditure on programming around the UK, the clue is in the name: the BBC is the British Broadcasting Corporation, and it has a duty to spend money in—and, indeed, to reflect—all parts of the UK. Whether it is the west midlands or each part of Scotland separately, it does that. That is true for Wales, Northern Ireland, the west midlands and cities within Scotland—it is not just about Scotland as a whole. It is the British Broadcasting Corporation, and it rightly serves the UK as a whole.

[Brendan O'Hara]

For the record, will the Minister confirm that he thinks it is acceptable that Wales gets 95% of spend, Northern Ireland gets 75%, and in 2015-16 Scotland got 55%? Is that acceptable?

[Matt Hancock]

I was just coming on to that. As the BBC’s new regulator, Ofcom will require the BBC to allocate its TV network spend and programme hours based on population, and in Scotland that will mean at least 8% a year. Because the Government represent and govern the whole UK, we are dealing with that point, but the way to do so is to help the BBC ensure that it reflects the whole nation, rather than make unreasonable and mean-spirited attacks on it.

Let me move on to some of the other speeches. My hon. Friend the Member for Eastleigh (Mims Davies) expressed her strong support for the BBC, and in particular for the increased transparency and accountability that we have brought to it. I have enormous respect for her—I consider her a friend—but I want to pick up one little thing. She said that people do not have a choice not to pay the licence fee, but as we discovered from the hon. Member for Kilmarnock and Loudoun (Alan Brown), they do have the choice if they do not watch TV or use the iPlayer. It is not a choice that many people exercise, partly because of how brilliant BBC content is, but they do have it.

Many hon. Members called for more flexibility. As part of the BBC charter renewal, we are introducing a contestable fund, which will ensure more flexibility on how licence fee money is spent on different programming. We will introduce details of the contestable fund shortly.

My hon. Friend the Member for Bexhill and Battle (Huw Merriman) made an excellent speech, and he made a point that I want to pick up. He said that content should be neutral. I think that the language we use is incredibly important. I do not think that the BBC should be neutral; I think it should be impartial. There is an important difference between the two. It should not simply take a neutral position between two stated arguments and split the difference. It should carry out an active, muscularly objective, fact-based analysis of the arguments, then put forward an impartial point. That is actually much harder. It requires more judgment and probably more self-confidence. The BBC should be aiming for true impartiality, based on objective analysis of the facts before it. For instance, my hon. Friend mentioned the slip about universal credit this week. I think that, culturally, the BBC should be appalled when a slip or a factual error is made. It happens, although it is rare. We all make mistakes. The BBC’s attitude should not be defensive; rather, it should be open and responsive to criticism.

My hon. Friend the Member for Eastleigh and the hon. Member for City of Chester talked about “Blue Planet II” and the value that the BBC can put into productions, but there is a bigger point. Of course, the BBC has great production capacity and can set long-term budgets. The poor, poor producers of “Blue Planet II” had to go to the south Pacific twice in two years— we all feel their pain—because they missed those extraordinary scenes of the fish shooting up while they were spawning, which we enjoyed. But that is changing, and the context is changing—the length of the BBC funding settlement is not changing, which is a good thing, but the context is.

The nature of the internet means that people now reach global audiences quickly, with Netflix the best embodiment of that, so the BBC is increasingly competing against production budgets in the private sector that are predicated on a global audience. Hence Netflix can pay an enormous amount for a production, whereas the BBC relies on licence fee income plus commercial income, largely from Worldwide which is the commercial exploitation of BBC content. I agree, however, that the BBC has an opportunity to broaden where it gets such revenues from, and I was interested that the director-general talked recently about how to make the most of the amazing back catalogue and see whether the BBC could monetise it further in order to put more into production. That was discussed by several Members, and it was interesting.

The hon. Member for East Londonderry (Mr Campbell), with whom I have debated this subject in the past, pushed hard for more transparencies, some of which we are bringing in, especially on pay. He also wants greater transparency in commissioning, and we have been through some of the detail of his concerns. As I have said in the past, the BBC must engage with those concerns and ensure that it listens to them, responding appropriately. Also, I always stand by to assist him in getting the responses he needs.

I come now to my hon. Friend the Member for North Devon (Peter Heaton-Jones), who made a brilliant speech—a forensic dissection of the petitions worthy of a journalist of 17 years who trained at the BBC. It was also a brilliant exposition of the BBC funding model—he went further than the hon. Member for Cardiff West who said that if we did not have it, we might not invent it—and how, if it did not exist, we might want to invent it as it is. He also made the point, however, about the need not only for a broader range of people but, crucially, a broader range of people reflecting the whole of Britain.

The BBC has a special responsibility for diversity in its broadest sense, not only in the important protected characteristics such as gender, race, sexual orientation and disability. Those are important, but so is ensuring that BBC, in front of and behind the camera, represents and reflects back to us the nation that we live in. There is no doubt that the BBC is the finest mirror we have on our society. It is incumbent on the BBC, from the programme makers through to those who are on screen, to lead rather than to follow, and to ensure that they represent and reflect the whole of the country they serve.

I will touch on a couple of other points. It is clear to me that this debate has broadly reflected the views of the country. Recently we had a charter review, one of the biggest consultations undertaken by Government. We received 192,000 responses and engaged with more than 300 organisations and experts. The process was overseen by my right hon. Friend the Member for Maldon (Mr Whittingdale) who is no wet blanket and by no means an instinctive cheerleader for the BBC, yet we have come up with a solution that has a broad consensus of support behind it.

Leaving the EU: Data Protection

Debate between Brendan O'Hara and Matt Hancock

Thursday 12th October 2017 Commons Chamber

[Matt Hancock]

I pay tribute to the right hon. Gentleman’s extensive understanding of these issues, not only from his time as a Minister but since. His understanding is so good that he has correctly anticipated the next page of my speech. That is exactly what we are seeking, because it is strongly in the mutual interests of the UK and the rest of the EU that such an arrangement is put in place.

Having just set out my punchline, perhaps I can describe the build-up to it. The goal is for data to be unhindered when security and privacy are respected. It must be unhindered, so that trade and communication can be effective and so that we can innovate in the use of information, including through advanced techniques such as machine learning and artificial intelligence. But data can be unhindered only where it is appropriate for it to go—with data held securely and privacy respected—which means where there are high standards of cyber-security and data protection.

On cyber-security, the 2017 British Chambers of Commerce digital economy survey reveals that at least one in five UK firms were subject to a cyber-attack in 2016, with larger firms more likely to be hit. As more and more citizens, and the wider economy, rely so heavily on digital technology, it is vital to keep data safe from cyber-attack. On the other side of the coin from strong cyber-security is strong data protection. The UK has been a world leader in data protection for a long time, combining privacy with support for dynamic data-driven innovation. We are determined to ensure that, after our exit from the EU, the UK remains a global leader, promoting both the flow of data internationally and high standards of data protection.

For more than a generation, the Data Protection Act 1998 has been regarded as the gold standard in the world. That Act, which was based on European rules set out in 1995, was the result of a piece of work that started under the then Conservative Government, with the legislation enacted by the subsequent Labour Government. That demonstrates the cross-party approach that has been taken to data protection in the UK. Technology marches on, however. It is almost 20 years since the 1998 Act, but the legislation needs to be kept up to date in this changing world. The Data Protection Bill, which had its Second Reading in the other place earlier this week, will modernise data protection legislation, giving citizens more rights over their data while allowing businesses to use modern data management techniques. It offers greater transparency and accountability, thus giving people more reassurance about how their personal data is used by businesses and organisations. Increased accountability and public confidence in how data is used can enhance the digital economy for the benefit of all.

To return to the point made by the right hon. Member for East Ham (Stephen Timms), the Bill will prepare Britain for Brexit. It will extend the EU’s general data protection regulation—GDPR—and bring into UK law the law enforcement directive. It will extend the principles of GDPR into many areas of our domestic law, which will help to ensure that we prepare the UK for the future after we have left the EU. The implementation of the Bill will ensure that we preserve the concepts of the Data Protection Act that have served us so well. We will aim to ensure that the transition for businesses, individuals and charities is as smooth as possible, while complying with the GDPR and the law enforcement directive in full. That means we will be as well placed as possible to achieve the unhindered flow of data with the EU through something akin to the adequacy deal mentioned by the right hon. Gentleman. That is strongly in the interests of both sides in the negotiation.

[Brendan O'Hara (Argyll and Bute) (SNP)]

The Minister said “something akin” to an adequacy deal. Will he explain what that might mean?

--- Later in debate ---

[Brendan O’Hara (Argyll and Bute) (SNP)]

At the start of this week, the Prime Minister told the United Kingdom to be prepared for the possibility of a no-deal Brexit. The warning was clear and unambiguous that with gridlocked negotiations a no-deal Brexit was becoming increasingly likely. Of course, the effects of a no-deal Brexit would be catastrophic. The consequences for our economy, our trade and our EU citizens are obvious, and they have been well documented. Less obvious, and among the multitude of hugely important issues that rarely make the headlines, is the impact on data protection of the UK leaving the European without a deal.

Data protection has been described by The Economist and others as:

“The world’s most valuable resource”.

The hon. Member for Cardiff West (Kevin Brennan) described data as “the new oil”. Currently, the UK Government define data protection as the controls on how personal information is used by organisations, businesses or the Government. Everyone responsible for using data has to follow strict rules, and they must make sure that the information is used fairly and lawfully. Information that is held on individuals can include their name, address, credit history, employment history, salary details and even internet browsing history. I am sure that right hon. and hon. Members would wish some, if not all, that information to remain as secure as possible. Robust and strict data protection is therefore absolutely essential to avoid any improper use of that information, whether for online fraud or identity theft, and to keep it from falling into the hands of people or organisations with which we would rather not share it.

Data protection may not be something that we think about every day—indeed, it may not even cross our minds from one year to the next—[Interruption.] Perhaps that is not the case for my hon. Friend the Member for Glasgow North (Patrick Grady). Whether we think about data protection on a daily basis or not, its importance is not diminished. That is why it is absolutely vital that the level of data protection we currently enjoy as EU citizens is guaranteed on day one of Brexit, so that businesses and individuals can continue to rely on existing data flows. It is no exaggeration to say that millions of jobs across Europe rely on data protection and data processing to a greater or lesser extent.

As the Minister acknowledged, the security we receive from our data protection legislation already has a distinctly European flavour, originating as it does from the 1995 EU data protection directive, which was adopted into UK law in the Data Protection Act 1998. Since then, the way in which we create, collate, access and use data has changed enormously, as has the amount of data we create as individuals and as a society. In recognition of that, in 2016 the EU introduced a new legislative framework for data protection: the general data protection regulation, of which we have heard so much, and the police and criminal justice directive. Both those pieces of legislation form the basis of the Data Protection Bill that is in Committee in the other place. The regulations will apply in member states from 2018, and EU member states are required to transpose the directive into national law by the same date.

The Scottish National party agreed with the Minister when he said in February that the GDPR was a “good piece of legislation”. We were pleased that it was included in the Queen’s Speech and that the Government made it clear that our current data protection framework would be amended and made compatible, so that we can adopt the new regulations. We very much welcome the Government’s move to implement the GDPR, giving people more power and control over their own data.

In normal circumstances, I believe that that piece of legislation would be relatively uncontentious. However, as it has done and I believe it will continue to do, Brexit makes the subject of data protection hugely problematic. If we are to leave the EU in March 2019, what is the future for our newly agreed and freshly implemented cross-border, pan-European arrangement with our EU partners? What will be the consequences for businesses and individuals if the UK suddenly finds itself on the outside without a deal to continue the free flow of data not just with the European Union, but with the safe nations with which the EU has secured a reciprocal deal? At a stroke, could the United Kingdom lose its right to exchange data with the United States, a nation on which the Secretary of State for International Trade and President of the Board of Trade seems to be pinning so much hope for our future trade?

We are in an era in which geographical boundaries for data do not exist. Today, as probably every speaker in this debate has said, almost half the large EU digital companies are based in the UK, and a remarkable 75% of cross-border data flow out of the UK is with EU countries. We also have significant data flow with the United States, which occurs because we enjoy access to the EU’s privacy shield agreement. There is no such thing as sovereignty where data is concerned. Currently, we are a signed-up member of an international network committed to safeguarding data. In this global economy, the unfettered free flow of data across international boundaries safely and without delay, cost or detriment is absolutely essential, not just for individuals and businesses but for agencies that need to work across international boundaries. We have heard about many of those agencies today, and they deal with matters such as crime prevention, disease control and national and international security.

For the UK to be able to take full advantage of the continued free flow of data with the rest of the European Union post Brexit, the most straightforward route would be for the EU to issue an adequacy decision. An adequacy decision, as we have heard, is given to a third country—a country that is outside the EU and the EEA—to allow it to operate securely and freely within the framework of the GDPR. It can be given to countries that meet the required standard of data protection, a criterion that currently applies to the United Kingdom. The problem is, however, that an adequacy decision is designed for third countries, and the UK is not—yet—a third country. Indeed, it will not be one until the end of the Brexit process. There is no existing legal mechanism to enable the EU to award an adequacy decision to a country in advance of its leaving the EU. As the leading data protection lawyer, Rosemary Jay, said, the EU has to go through a legislative process, and it is simply not in the EU’s gift to do this in an informal way. I cannot comprehend what the Minister meant when he said that he sought “something akin to” an adequacy deal.

[Matt Hancock]

The negotiation of the EU’s future relationship with the UK is not some sort of informal approach; it is a very formal set of talks. We hope that it will lead to a good deal, which we hope will include this area. That is exactly what I meant.

[Brendan O'Hara]

I thank the Minister for his point, but I stress again what Rosemary Jay said: the Commission has to go through a legislative process, and it is not within the EU’s gift to do this in an informal way. There could be a further complication in the UK’s achievement of an adequacy decision. As the hon. Member for Cardiff West said, ahead of granting an adequacy decision the European Commission is obliged to consider a variety of issues, such as the rule of law, respect for human rights and legislation on national security, public security and criminal law.

That being so, there is a very strong suggestion that the Investigatory Powers Act 2016 may jeopardise the ability of the UK to receive a positive adequacy decision. The Investigatory Powers Act has already been accused of violating EU fundamental rights. Eduardo Ustaran, the internationally recognised expert on data protection law, has said:

“What the U.K. needs to do is convince the Commission—and perhaps one day the European Court of Justice—that the Investigatory Powers Act is compatible with fundamental rights. That’s a tall order”.

While the Government are understandably desperate to secure an adequacy decision, the harsh reality is that a lengthy and challenging legal process may have to be undertaken before that happens.

I fear the Government are in denial about this. Indeed, when questioned by the Culture, Media and Sport Committee back in February about what would happen on the day after Brexit if we do not have an adequacy decision in place, the Minister said:

“we seek unhindered data flows but we want that to happen in an uninterrupted way—that is to say, on the morning on which we have left the European Union, it is very important that our data rules work, so that there is an uninterrupted system in place”.

He is absolutely right—I could not agree more—but that did not answer the question about what happens if we do not have such an adequacy decision in place on the day we leave.

Just yesterday, at the Digital, Culture, Media and Sport Committee, I asked the Secretary of State a very similar question about the need to have an adequacy decision in place when the UK leaves the EU. Her answer was that she was

“very hopeful of getting that deal”.

I am sure she is and I wish her well, but at the moment there is no deal in place. The longer negotiations are at a stalemate, while we continue without the legal mechanism to get a third country deal, and, given the issues in relation to the Investigatory Powers Act, securing the agreement the UK needs and absolutely desires is becoming less and less likely.

Another potentially huge problem arises if we do not secure an adequacy decision by the day on which we leave the European Union, because not only will we be outside the EU and isolated from the other 27 member states, but we will also be outside the EU-USA privacy shield agreement. The consequences of that happening may be unthinkable for UK businesses and individuals, but it is absolutely incumbent on the Government to think the unthinkable and to be adequately prepared for it. Putting all their eggs in the one basket of hoping to secure a negotiated adequacy decision is a very high stakes game, so I again ask Ministers: where is the plan B should there not be an adequacy decision? What assessment has been made of the UK not having such a decision in place on the morning on which we leave the European Union, and when will Members of the House be able to see that plan B and that assessment?

Nobody wants such a situation to arise—we want a deal to be struck—but even if the Government’s faith is rewarded and we do secure an adequacy decision, the UK faces another problem. As the GDPR evolves over time, as it surely will, the UK, to maintain its membership, will be required to amend its data protection law to keep in line with European law. The EU charter of fundamental rights and freedoms is now central to EU data protection law, and the charter is interpreted by the European Court of Justice, yet clause 6 of the European Union (Withdrawal) Bill quite clearly states that EU courts will cease to bind UK courts and tribunals following withdrawal. I suspect that if the UK does manage to secure an adequacy decision, to keep it, it will have to fall into line with the European Union Court of Justice.

As I said at the start, we welcome the Bill as a move to ensure that people have more control over their own data and to bring the legislation into line with the huge technological advances since the 1998 Act. We welcome the commitment to implementing the GDPR and to the UK remaining fully involved in protecting EU citizens’ data post-Brexit. We question, and we will continue to question, the Government on how they can take this forward when an adequacy decision is not guaranteed and while there are still unresolved issues about the Investigatory Powers Act, at the same time as they are seeking to remove the UK from the jurisdiction of the European Court of Justice.

Of course, it does not have to be this way. The best, easiest and most straightforward way to ensure that there are no disruptions to data flows between the UK and the EU after Brexit is for the United Kingdom to remain a full member of the single market. The agony and the fear for millions of businesses and individuals of being cut off from both Europe and America if we do not secure an adequacy decision could be avoided by our staying in the single market. Why put people and businesses through this?

After all, no one in any of the nations of the United Kingdom voted to leave the single market. In fact, two of the four nations of the United Kingdom voted to remain in the European Union. We are in this situation because of the Conservative party’s extreme interpretation of Brexit, and that is why we are now actually having to prepare ourselves for what, hitherto, was unimaginable—a no-deal Brexit, with the catastrophic consequences that it will inevitably have for our society and our economy.

Oral Answers to Questions

Debate between Brendan O'Hara and Matt Hancock

Thursday 29th June 2017 Commons Chamber

[Brendan O’Hara (Argyll and Bute) (SNP)]

In Scotland, as the Minister knows, we have a strong, innovative and vibrant creative sector, which is worth £4 billion to our economy and which employs 75,000 people, many of whom are EU nationals. With Brexit looming, what assurances can the Minister give the industry in Scotland, and indeed across the United Kingdom, that this country will still be able to attract and keep the creative talent that is so vital for the industry to work, perform and exhibit in this country free from unnecessary barriers?

[Matt Hancock]

As the hon. Gentleman knows, we have set out that we are seeking to do a deal to ensure the future of European Union nationals resident here. We are also open to the brightest and the best from around the world. But the single most important thing for keeping the creative industries thriving in Scotland is remaining part of the United Kingdom.