Data (Use and Access) Bill [Lords]

Anneliese Midgley Excerpts

Consideration of Lords message
Tuesday 3rd June 2025 Commons Chamber

[Chris Bryant]

I am trying to be tidy in the way I respond to people, so first, I note that I did not respond to the Napster point. Quite a lot of people have made the point to me that we got from Napster to Spotify. There are many problems with Spotify that many musicians, record labels and so on have raised with me, but at least it is better than people taking stuff for nothing. There is an argument—a strong argument, I would say—that in this debate, we want to move from Napster to Spotify, or to something even better than Spotify. I am not sure precisely how we get there, but I am absolutely certain that we need to legislate in the round for all of these issues.

The hon. Member for Perth and Kinross-shire (Pete Wishart) asked me about the principles of the noble Baroness Kidron’s amendment. Of course we believe in transparency—we are fully subscribed to wanting to provide that. That has always been part of the package that we have wanted to present. There is still the question of what enforcement would look like, and many other issues that any Bill that comes forward would need to address. I am hesitant about introducing a draft Bill, because a draft Bill would take longer to go through.

We want to be able to legislate in this area as soon as we possibly can, but we also want to have listened to and borne in mind the full panoply of the responses. People may presume that they know what the 11,500 responses will say, but actually, they are much more diverse. I am not saying that everybody is clamouring for what the Government have laid out; I am just saying that those responses address a diversity of issues, all of which we need to address.

[Anneliese Midgley (Knowsley) (Lab)]

I thank the Minister for giving way again, as he has on so many occasions during these debates, and for his ongoing engagement in these matters, but does he agree that if the Government do not act now to enforce the law, we will basically be allowing what everyone already sees as theft to continue? Would he accept that in any other industry, such as retail or farming?

[Chris Bryant]

My hon. Friend is entirely right about the issue of enforcement, although traditionally it is not for Governments to enforce the law. It is for the courts to do that, although in certain circumstances when there has been a breach of the criminal law, it will be for the prosecuting authorities to consider. In a way this makes my point, which is that it is all very well to legislate on transparency requirements, but if there are no enforcement measures it will not make the blindest bit of difference. All this has to be done in the round.

We have already said that we want to engage with the creative sector and, of course, the technology sector as much as we can. We believe that such engagement will help to chart the way forward on both transparency and technical standards, and possibly on technical solutions to the problem. It may be that the working groups bring other benefits, such as interim voluntary arrangements, until longer-term solutions can be agreed on and implemented. However, we must see what comes of the process rather than imposing preconditions at this early stage.

For all those reasons, I urge Members to vote against the Lords amendment. The first part of the proposed new clause is a helpful addition to the work that we will do and are now committed to doing, but the lion’s share of it would lead to what I believe is confusing law and constitutionally uncertain.