Data (Use and Access) Bill [Lords]

Caroline Nokes Excerpts

2nd reading
Wednesday 12th February 2025 Commons Chamber

[Alan Mak]

The Secretary of State keeps asking me questions, but I am not in government. It is for him to answer. It is for him to bring forward a consultation and legislation, and to give certainty to the creative sector. There is no point asking me questions—I am not in government.

What I can tell the Secretary of State is that it is extremely unfortunate that this legislation is passing through Parliament now, while the consultation is still ongoing. Amendments are being tabled by Members from all parts of both Houses, leading to legislative positions being crystalised even though the consultation has not yet closed. If the Government really took seriously the views of the public, the tech sector, the creative industries and other stakeholders, they would not be following this approach or timetable. Therefore, we will table amendments calling on the Government to respond to their own consultation more quickly.

Labour’s consultation provides the worst of all worlds: it does not provide any legal certainty or allow the views of those who have responded to be taken seriously. However, Labour should take the views of parliamentarians seriously, including those of its own Back-Bench MPs, who have voiced concerns at the Government’s approach in this very House. Labour should also take seriously the views of those in the other place. The Secretary of State acknowledged that the Government have already been heavily defeated on several amendments, including the Conservative amendments tabled by Baroness Owen of Alderley Edge on sexually explicit deepfake images, which secured wide-ranging support. The Government were also defeated on Conservative amendments tabled by Lord Lucas and Lord Arbuthnot that recognise the importance of accurate data, particularly when it comes to gender and sex. Confusing biological sex and elective gender puts patient safety at risk.

The Bill is lengthy and we will continue to properly scrutinise it as it progresses through the House. Labour’s track record to date on science and technology issues is so bad it needs all the help it can get. In just eight months in office, the Labour Government have already committed eight acts of harm on science and technology issues. They have imposed a national insurance jobs tax, punishing tech workers and businesses; lost a £450 million investment from AstraZeneca, doing away hundreds of jobs; launched an AI plan with no new funding or delivery plan, which creates two new quangos and more red tape; cancelled the UK’s new exascale supercomputer, hampering our scientists while our competitors race ahead; skipped the international AI summit of world leaders, started by the Conservatives but ignored by this Labour Prime Minister; scrapped £500 million of funding for the AI research resource, which funds computer power for AI; abandoned Conservative plans for the national maths academy, harming the next generation of data scientists; and aligned Britain with the EU’s failing approach to AI and copyright.

Labour’s approach is analogue government in the digital age: slow, uninspiring and not good enough for Britain. Labour promised so much, but it has delivered only failure.

[Madam Deputy Speaker (Caroline Nokes)]

Order. I can now announce the result of today’s deferred Division on the Online Safety Act 2023 (Category 1, Category 2A and Category 2B Threshold Conditions) Regulations 2025. The Ayes were 320 and the Noes were 178, so the Ayes have it.

[The Division list is published at the end of today’s debates.]

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[Madam Deputy Speaker (Caroline Nokes)]

I call the Liberal Democrat spokesperson.

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[Dr Spencer]

The shadow DSIT team, including our shadow Secretary of State, have met representatives of industry in general. I have met representatives of the creative industries, and I am fairly sure the shadow Secretary of State has too. That is what the consultation is there for. It would not be appropriate to make a unilateral declaration from the Dispatch Box when a live consultation is looking into that complicated area. That would be not be reasonable opposition or good for anybody.

There are no easy answers to some of the challenges, but we should not shy away from them given the clear gains for the public and the economy that many of the reforms set out in the Bill will deliver. His Majesty’s official Opposition and the shadow DSIT team stand ready to work with the Government, wherever possible, to find solutions on these pressing issues. Effective engagement between Government and Opposition will promote confidence among tech companies and would-be investors that the UK is open for business. The last Government’s vision was to harness the UK’s competitive advantage in tech industries to boost our economy and revolutionise the way we live for the benefit of our population. We remain committed to that goal in opposition.

[Madam Deputy Speaker (Caroline Nokes)]

I call the Minister.

Data (Use and Access) Bill [Lords]

Caroline Nokes Excerpts

3rd reading
Wednesday 7th May 2025 Commons Chamber

[Iqbal Mohamed]

I rise to confirm my agreement with new clauses 1 and 12, and I associate myself with the speech of the hon. Member for South Devon (Caroline Voaden). I have had several emails on the protection of copyrighted information and revenue streams for artists, including from Yvonne, who contacted me recently. It is essential that the creative arts and intellectual property are protected and that artists are properly compensated if their output is used in AI.

On new clauses 1 and 12, the case for raising the age of consent for data processing from 13 to 16 has been well made across the House, so I will not repeat the points made, but I will say that it is essential that we give our children their childhoods back. They need to be protected from the toxic content to which they are being exposed by social media and online.

New clauses 3 to 6 and new clause 14 would place transparency requirements on AI companies to report on what information and data they have used, from where, and with what permission. That is essential to holding the AI companies to account and to ensuring that content holders and data owners are informed and have adequate channels of redress for misuse of their information.

I am sure that new clause 7 was spoken about while I was out of the Chamber, but let me say now that the right for our citizens to use non-digital verification is key. My mother—who is in her late 60s, bless her—would not have a clue what to do if she did not have family to help her with her benefits claims, doctors’ prescriptions, appointments and so on. We cannot exclude millions of our citizens who may choose not to have smartphones and not to be exposed to toxic content online, or who are simply not tech-literate. I urge the Government to ensure that we do not exclude millions of our citizens. I also strongly support new clause 11, but I will defer to earlier speakers in that regard.

As for new clause 18, many constituents have written to me or spoken to me, expressing concern about sharing their NHS and other private data with third parties such as Palantir. It is essential for this new Government to adopt a posture of supporting ethical, transparent business practices for all suppliers who provide services in our country. We have already heard about the background of Palantir. I do not know how true this is, but some of my constituents believed, or had read, that during the Prime Minister’s first visit to the US, after meeting Donald Trump he visited Palantir’s headquarters, or one of its offices. I urge the Government to protect—

[Madam Deputy Speaker (Caroline Nokes)]

Order. The hon. Gentleman’s time is up.

[David Chadwick (Brecon, Radnor and Cwm Tawe) (LD)]

I rise to speak in strong support of new clauses 1 and 2.

New clause 1 seeks to raise the age of consent for social media data processing from 13 to 16. As the father of two young boys, I am deeply concerned about the way in which tech platforms engineer addiction, manipulate attention, and shape childhood in ways that parents and even Governments cannot easily counter. This is not hypothetical; it is the reality that our children are living every day. Children aged 13 to 15 are especially vulnerable. Those social media algorithms do not just show content. They shape beliefs, reinforce insecurities and amplify harm. Whether it is body image filters, content promoting self-harm or endless scrolling, these platforms are designed for engagement, not wellbeing.

The new clause would not ban young people from using social media. It simply says that their data should not be exploited for commercial gain without genuine, informed consent. By raising the age to 16 for these specific practices, we align with international best practice and the United Nations convention on the rights of the child. With clear exemptions for education and health platforms, this is a targeted and proportionate reform that prioritises children’s mental health.

New clause 2 deals with copyright compliance and AI. As we all know, the AI revolution is here, but just as we would not let a factory operate by stealing its raw materials from others, we should not let AI models train on copyrighted work, such as books, music or journalism, without permission or payment. The new clause makes one clear demand: if an AI system operates in the UK, it must respect UK copyright law, regardless of where the servers are based. We are standing up for our creators—for the authors, musicians, film-makers and developers whose work gives AI its power. In Wales alone, the creative industries turned over £1.5 billion in 2023, employing more than 37,000 people. Let us not wait for lawsuits or damage to our industries. The new clause provides legal clarity, defends creators, and affirms that Parliament, not silicon valley, writes the rules.

These Liberal Democrat new clauses are principled, practical and long overdue, and I urge all Members to support them.

[Madam Deputy Speaker (Caroline Nokes)]

I call the shadow Minister.

[Dr Spencer]

It has been a pleasure to hear the speeches of Members from across the House. I pay tribute to my hon. Friend the Member for Gosport (Dame Caroline Dinenage) and my right hon. Friend the Member for Maldon (Sir John Whittingdale), who spoke with passion about the protection of copyright in AI. I suspect that my right hon. Friend is looking forward to seeing the back of the Bill, and hoping that it does not return in a future iteration. My right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) spoke of the importance of ensuring that data does not fall victim to hostile states and hostile state actors. My right hon. Friend the Member for East Hampshire (Damian Hinds) spoke with knowledge and authority about this important issue, and the challenges and practicalities involved in ensuring that we get it right for our children.

I will return to the three themes that we have put forward. The Minister has repeatedly given assurances on the application of copyright with regard to AI training, but the Secretary of State created uncertainty by saying in the AI copyright consultation:

“At present, the application of UK copyright law to the training of AI models is disputed.”

When we create that level of uncertainty, we need at least an equal level of clarity to make amends, and that is partly what our new clause 20 calls for: among other things, a formal statement from the Intellectual Property Office or otherwise. I do not see why it is a challenge for the Government to put that forward and deliver.

Data (Use and Access) Bill [Lords]

Caroline Nokes Excerpts

Consideration of Lords message
Wednesday 14th May 2025 Commons Chamber

[Chris Bryant]

Hang on! Madam Deputy Speaker, we will have to set up a queuing system.

[Madam Deputy Speaker (Caroline Nokes)]

The Minister is very popular.

[Chris Bryant]

I am not sure that it is popularity, Madam Deputy Speaker.

The important point is that we need to look at this in the round, rather than piecemeal. I do not think that what is on the amendment paper today would deliver anything now. Indeed, it does not purport to; it instead purports to give something in six, nine or 12 months’ time, or sometime in the future.

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A Division was called.

[Madam Deputy Speaker (Caroline Nokes)]

Division off.

Question agreed to.

Clause 67

Meaning of research and statistical purposes

Motion made, and Question put,

That this House disagrees with the Lords in their Amendment 43B. —(Chris Bryant.)

Data (Use and Access) Bill [Lords]

Caroline Nokes Excerpts

Consideration of Lords message
Tuesday 3rd June 2025 Commons Chamber

[Chris Bryant]

I am not making an criticism of any individual Member of the House of Lords. I listened to the debate, and it was clear that people felt passionately and were arguing entirely in good faith. I fully understand that. As I have said, however, this a Bill that was not intended to include elements relating to AI and copyright. In the last Parliament it was supported by the Conservative party and by us on the Opposition Benches, and was referred to by both sides during our general election campaigns. Neither of us said that we were going to include anything about copyright in the Bill, but that is what is now holding up Royal Assent. There are economic benefits that would flow from the Bill, but they will of course be delayed if we further delay Royal Assent.

Let me end by saying that, as I think I have said several times, I fully understand the concerns expressed by people in the creative industries about artificial intelligence. Many use it already, but they are understandably concerned about where it will go, and they fear for their jobs. It is true that, for many, the strikes in the US had an even more cataclysmic effect on their careers, but I would just add one corrective to those fears. There is a moment at the end of “The Winter’s Tale” when Paulina takes Leontes to see a statue of his wife, who he thinks died of grief when he falsely accused of her adultery many years earlier. We all know when we watch it in the theatre that the statue is actually the actress playing Hermione; it is not a statue at all. Yet the moment when Leontes touches the statue and says, “O, she’s warm!”, still shocks us and brings tears to our eyes. Why? Because it is human to human. Yes, of course it is artifice laid upon artifice, but it is humanity face to face that really moves us. The Government have heard the concerns expressed by this House and the other place, and we have set out our plans to address them. I believe the Bill must be allowed to run its course.

[Madam Deputy Speaker (Caroline Nokes)]

I call the shadow Minister.