Digital Markets, Competition and Consumers Bill

Debate between Alex Davies-Jones and Lyn Brown

Consideration of Lords amendments
Tuesday 30th April 2024 Commons Chamber

[Alex Davies-Jones (Pontypridd) (Lab)]

It is an absolute privilege to follow my hon. Friend the Member for Washington and Sunderland West (Mrs Hodgson)—my good friend—who has been a tenacious campaigner on this issue for so many years, and I implore Ministers to listen to her and note her expertise. I ask them please to back Lords amendment 104. A review is not good enough in the dying days of a failing Government; we desperately need action now.

It is a pleasure to speak in the debate. I proudly saw this Bill through part of its Commons stages in my previous role as the shadow tech and digital economy Minister, and it is fantastic to see it so ably steered through the House today with the support of my good friend and neighbour, my hon. Friend the Member for Rhondda (Sir Chris Bryant).

As we have heard, what was draft legislation for so long has been woefully slow to materialise. It had sat on the shelf since 2018, so it is nice to finally see it brought back to the House today and to see the Government taking action. I welcome it, as does the Labour party more widely, having led the way in calling on the Government to ensure that large tech companies are governed by proper regulations to allow for competition in our digital markets. Labour has long called for measures to protect consumers, enhance innovation and promote competition in digital markets in order to unlock growth and level the playing field for smaller businesses. In the midst of a Conservative cost of living crisis, this measure could not be more timely, and the need for it has been constantly confirmed in conversations I have had with constituents in Pontypridd.

Let us not forget that it is been over a year since the legislation was first proposed here. Owing to internal chaos and conflict, the Tories have long delayed the Bill, and it is disappointing that we are now being given a watered-down version of the original Bill and that its delay is causing us to fall behind our European partners. The UK has the potential to lead the way, but the Government have instead chosen to take a back seat and to be led. To say that the Bill is overdue is an understatement. Since it was promised, we have seen the digital world continue to change, grow and expand at an incredible and exponential rate. We have seen a significant growth in artificial intelligence technology hitting the mainstream, and tech is becoming more and more central to our homes, jobs and social lives. Our post-covid world has adapted to hybrid, tech-dependent working styles, and jobs in all sectors have accommodated that preference.

Whether it be for work, shopping or our social lives, we are all spending more time online. I see that—sadly—in my own habits, as well as those of my colleagues and constituents. I believe we can all agree that a thriving digital economy in which all sectors and all businesses become digital is vital for the UK’s economic growth, but the Government have nevertheless failed to keep up. Now that they have finally decided to deliver this albeit watered-down legislation, it is up to them to ensure that it survives and, if it does, to protect it from further watering-down changes. So far, I am not convinced that that will be the case. The Government have tabled an amendment in lieu of one of the Lords amendments, but they are ignoring the remainder. While most of the disagreement relates to different semantic interpretations of the wording, it is important that we get the wording right so that the Bill works in practice and not just on paper.

I am afraid that these frustrations are not new. Many of them are not dissimilar to those that my colleagues and I raised during the Committee stage of the Online Safety Act 2023. Let us be clear: while big companies have a significant impact on our economy, that power should never be extended to our legislative process. The process of forming and scrutinising legislation should be entirely independent from any private company interest. Parliamentarians and our Government should not be influenced in any circumstances, because we as public servants should be here for our people—our constituents— rather than being here to promote and advance the interests of big companies and big tech. What is more important to the Government: appeasing big companies or acting for the good of the people they are supposed to represent? If it is not appeasing big companies, why will they not revert to ensuring that the CMA’s interventions are appropriate rather than proportionate?

We all know that this change will have a significant impact on the scope of the big tech firms to challenge CMA decisions under judicial review. Given that courts have to navigate these new and broader grounds for judicial review appeals against those decisions, big tech firms are provided with huge, limitless legal budgets and bottomless pockets to tie up the CMA in lengthy legal disputes. It is imperative that the Lords amendments remain in their original form to hold big tech firms accountable, to limit their scope to appeal and to reduce the ambiguity in relation to court interpretation about which we have heard today.

Moving beyond those concerns, this Bill is still absolutely necessary, which is why it has the support of the Labour party, as do the Lords amendments. We all know that the digital economy has opened new markets for businesses and has given consumers access to new information, but with rivals unable to compete with the world’s most powerful global companies, they do not sit on an equal footing. Google has a more than 90% share of the 7.3 billion search advertising market in the UK, and Facebook has over 50% of the £5.5 billion display advertising market. That is completely unfair, and constitutes both a challenge to businesses and a detriment to consumers.

This means that everyday consumers have little to no autonomy over their online choices, or in how much data they have to give out. As for businesses, this is limiting their innovation, as their ideas are likely to be quashed by an algorithm and they are therefore unable to compete by any reasonable and fair means. For example, Amazon’s use of its position as a marketplace, a publisher and a bookseller has been detrimental to the potential and work of independent booksellers who are pushed aside because they cannot compete with these huge companies and the advantages that the marketplace affords them. I am glad to see that the Lords amendments recognise the importance of user choice, autonomy and independence from the big companies that are pushing an agenda and escaping scrutiny.

Why, then, have the Government shied away from this? If, as they claim, the wording maintains the same high threshold, why will they not clarify the fact that the “indispensable” standard and the new standard are equal? What exactly are they afraid of? Big tech must be held accountable, and must not be able to complicate legal proceedings and escape scrutiny. Surely that point should not cause disagreement. Why have the Government again moved to a merit appeals approach to penalty decisions? This is completely unworkable. Proceedings must take a judicial review approach, which means that a decision will be judged on the basis of its lawfulness rather than its correctness or the views of a tribunal. This approach will fail to incentivise big tech firms to comply with CMA decisions.

While the Tories’ watering down of the Bill may initially appear trivial, in fact it will only encourage big tech to challenge the decisions of the CMA. If we want the Bill to be workable—to be worth the paper on which it is written—we must ensure that it is clear, precise and unambiguous. Given that the judicial review and merits elements of appeals could bleed into one another—which is causing concern—ambiguity is already rife in this Bill.

The Government must reverse their watering down of this all-important legislation or, at the very least, clarify exactly what the changes to the wording represent. That is exactly why the Lords amendments are so necessary. I urge the Government to reconsider them with the seriousness that they deserve and, at the minimum, to make efforts to compromise, as they have done with one of them. The same must be done for the other three in question.

The Lords amendments would bring small businesses on to a level playing field, and protect the autonomy and pockets of our consumers. If the Bill fails to do that and is watered down any further, it will not be worth the paper it is written on. The Government can do the right thing. They should take the opportunity to do so, and I implore them to do so.

[Ms Lyn Brown (West Ham) (Lab)]

Today I want to speak in support of Lords amendment 104 and the Lords amendments relating to foreign state ownership of UK newspapers, and I will raise some questions about the Lords amendments relating to consumer protections against unfair subscription practices and the use of fake reviews. I will start by setting out my overall support for the Bill and establishing a bit of context for why it is so important to get the regulation of the digital economy right.

Over the past decade, our economy has obviously been transformed by digital change. In many ways this has brought benefits but, equally, it has brought new harms—new ways that unscrupulous individuals and companies can exploit us all. People in our communities are affected by the failures of existing digital regulation, and I would argue that it is often communities like mine that bear the brunt. In Newham we have significant digital exclusion, and massive damage has been caused to family finances by the cost of living crisis.