(3 days, 4 hours ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is a delight, as ever, to serve under your chairmanship, Mr Dowd. I will not comment on how well dressed you are today.
It is a great delight to take part in this debate, and I congratulate my hon. Friend the Member for Mid Derbyshire (Jonathan Davies) on securing it. He talked a bit about the history of libraries. I absolutely adore a library. I have used the British Library many times, when it was in its old place in the British Museum and in the new building—still new to me, that is; younger people here will not remember its old place. I have used the London Library and libraries in Worcester, Stoke, Manchester, Birmingham, Southwark, Newcastle, Oxford and Cambridge. I have used Lambeth Palace library, as well as libraries in Cardiff, Treorchy and Porth. I absolutely adore using libraries. Many hon. Members mentioned their constituencies, but I agree with the Argentinian writer, Jorge Luis Borges, who said,
“I have always imagined that Paradise will be a kind of library.”
My hon. Friend the Member for Mid Derbyshire made several points about titles. Being in two Departments, I have many bits in my title,. Sometimes people say we should have a tourism Minister, a this Minister or a that Minister. The real question is whether we engage sufficiently with the sector and get the work done. I know that Baroness Twycross, who took over these responsibilities from me relatively recently, is very engaged in this work. I want to give her space to lay out what she will be able to achieve and the work she is engaged in, before we start talking about titles and reassignment.
Responding to the hon. Member for Strangford (Jim Shannon) puts me in a slight difficulty. Quite a few hon. Members referred to things that are extremely devolved. Libraries are fundamentally devolved responsibilities. The hon. Member made extremely good points about how libraries can help with mental health and health generally and issues such as loneliness, but I am not going to tell people in Northern Ireland how to run the library service. If I did, I would suddenly get an email and a demand for a meeting, so I will be careful.
That also applies to my hon. Friend the Member for Stirling and Strathallan (Chris Kane). There is a competition in size of constituencies going on today. I know areas of my hon. Friend’s constituency well because I was—arguably—educated partly in Stirling. I note that Bannockburn library is closed today. When libraries are closed or open is a financial issue, which is tough for many local authorities. I was a councillor in Hackney a long time ago and know how difficult it is for local councillors making tough financial decisions, desperate to keep libraries open every day if possible, but struggling to do so.
My hon. Friend and the hon. Member for Caithness, Sutherland and Easter Ross (Jamie Stone) referred to Andrew Carnegie, who was an extraordinary donor and investor in libraries. As the MP for a former mining constituency, I am aware that mining communities often had to do for themselves. The miners’ unions and trade unions played an important part in ensuring that their members learned how to read. It was not just about being able to read “Alton Locke” by Charles Kingsley, one of the early Christian socialists, or “The Ragged-Trousered Philanthropists” and other socialist tomes that were so important to the trade union movement. Libraries were a vital part of enabling the working classes to get on in life, so for Labour MPs, this debate has a particular piquancy.
My hon. and learned Friend the Member for Folkestone and Hythe (Tony Vaughan) wants to reopen the library alongside the creative campus in Folkestone. When I visited on a day that was gorgeous sunny, though slightly windy, I was impressed by Tracey Emin’s discarded sock sculpture on the floor and other brilliant artworks around the town. I tried to pick up the sock, of course, because I thought it was litter, which was the whole point. Integration of all creative industries working together with the library service is a potent thing. The library building my hon. Friend referred to is beautiful. Had it been better looked after by Kent County Council in recent years, it would be more readily accessible and better preserved for the future. Like my hon. Friend, I hope very much that the library will reopen.
I am not sure about the statistic, mentioned by the hon. Member for Caithness, Sutherland and Easter Ross, that there are more busts of Rabbie Burns than of anybody else. I am very happy if there are, but I suspect that there are more of Gladstone—there may even be more of Winston Churchill. None the less, he made the point about Carnegie. Of course, philanthropy is an important reason why we ended up with so many libraries around the UK. I want philanthropy to play an increasing part in the future. That is not because I want local authorities to walk away from their responsibilities, but simply because I applaud those philanthropists who gave away every single penny of the vast wealth that they made in their lifetimes. The more we can do to enable that, the better—not only for our libraries, but for our creative sector, museums and galleries, many of which, especially those associated with local authorities, are struggling in exactly the same way.
My hon. Friend the Member for Ilford South (Jas Athwal) is a former councillor who has experienced some of the difficulties of trying to keep local authority libraries going. Incidentally, those difficulties affect not just local authority libraries, but libraries in universities and in so many other public institutions. They have struggled to survive. Some of them are independent libraries. He made a good point about how important it is to diversify, and mentioned that one library in his patch has a gym. A few weeks ago, I was in Ogmore Vale, in my patch, where the library, gym and community function are all part of the same service; they are very much thought of in an integrated way. That is the pattern adopted by lots of local authorities, which sometimes still run the libraries in house, and sometimes decide to hand them over to a third party to allow for further financial investment.
The hon. Member for South West Hertfordshire (Mr Mohindra) referred to the specialised advice that libraries may provide. Advice to businesses has not particularly featured in our debate, but it is an important part of what the British Library and many local libraries often provide. If someone wants to set up a business in a local area, they will need to understand that local area, and one of the most important facilities for that is the local library, which will have statistical advice. The library will want to help them in whatever way it can—with planning law or whatever it may be. Losing that aspect of what libraries provide would be bad for economic growth—our ability to grow not just in some parts of the UK but everywhere.
From the day I started as MP for the Rhondda in 2001, one of my strategies was to look at how many local businesses I had. People often think that the way to get more local jobs is to get one big business that will employ 1,000 or 2,000 people. Actually, in most constituencies, it is more effective to enable lots of small businesses to grow—to go from employing two people to employing five or 10 people. There are few areas where we can do that without libraries having a role to play.
My hon. Friend the Member for Hexham (Joe Morris) rightly referred to VE Day celebrations, in which libraries up and down the country played an important part, because of their important role in enabling and helping the community. Our libraries are sometimes associated with an archive facility, which has a particular value. British people, like people all around the world, love to explore their genealogy, so it is really important to make those archive facilities available to people. In a library, someone can investigate what their grandad or auntie did in the war, or where they lived, for free—something that they otherwise might have to pay for. I note that Hexham library has “Rhymetime” tomorrow morning at 10 am; on Saturday at 4 o’clock in the afternoon, it has “Ukrainian Stories”, which I think is a book launch.
My hon. Friend the Member for Bournemouth East (Tom Hayes) admitted to reading Nancy Drew mysteries, which I think were marketed primarily at girls. I read several, but I had a cover to hide the fact that it was Nancy Drew. Modern books for young adults and kids are very different and not specifically targeted at boys and girls. There has been a complete transformation in that market, and hurrah for that. I think it was Alexander Pope who said:
“A little learning is a dangerous thing;
Drink deep, or taste not the Pierian spring”.
This is one of the great things about libraries. Not only do they enable us to take our first step into reading, but, as my hon. Friend the Member for Bournemouth East said, they enable us to move on from Nancy Drew and the Hardy Boys to Dickens, Shakespeare and many others. I am sure that none of us—I think we can say this of every single Member—would have arrived here if we had never used a library, and none of us would have ended up as a Member of Parliament.
My hon. Friend was right, as others were, to pay tribute to the House of Commons Library. It has a slightly different role because it provides so much advice for us to inform our contributions to debates. It also has an awful lot of books, including some of mine.
My hon. Friend the Member for Scarborough and Whitby (Alison Hume) referred to the Data (Use and Access) Bill debate later, so I will leave the bit about copyright and AI for this afternoon’s debate when I will appear in a different capacity. She is absolutely right about volunteers. So many libraries either rely entirely, as community libraries, on volunteers to run them and keep them open, or have volunteers as part of a team. I pay tribute to all the people who have managed to keep libraries open. My father, who is no longer with us, lived in Alderney in his latter years. He and his wife loved spending a day as volunteers at the library. I think he quite liked the business of issuing fines—one of his favourite moments was when he found out that his next-door neighbour had not returned his book for 17 years or whatever. My hon. Friend is also right that libraries are a vital part of the social infrastructure.
The hon. Member for North Devon (Ian Roome) was also a councillor. I think councillors have a particular interest, as I have mentioned, and insights to bring to this debate. He referred to Braunton library and the 300 community events. That is mirrored in every single library up and down the land. No library is characterised by Ali MacGraw stuffiness. It is a place entirely open to the public. People have referred to the role of libraries during covid. They have also referred to them as non-judgmental spaces where people can simply just be, including in the winter. Sometimes it is a place to feel warmth, which is really important. One of my favourite moments in a library was a few years ago when I persuaded the British Museum to lend one of its articulated Japanese dragons to my library in Treorchy. I do not know whether we Welsh are just obsessed with dragons, but I remember seeing kids looking at that Japanese dragon and they were absolutely fascinated and loved it. That sense of enticing people into being curious is another aspect of why libraries can be so important.
The hon. Member for Old Bexley and Sidcup (Mr French) referred warmly to his experience in his constituency. I am going to bridle slightly because he referred to our Budget decisions. If we refer to the 14 years of Budget decisions that caused the difficulties facing the library service across the whole United Kingdom, we could be here a lot longer. The truth is that many local authorities have had a really tough time with their budgets cut year after year, and one of my anxieties was always that. One of the dangers for national Government is saying, “Right, we are going to tell local authorities to do more while giving them less money, because we—national Government—will not then have to make the cuts; somebody else has to.” That is a thing that happened to the library service over all those years.
I hate all the gloom about libraries. I hate it when people keep banging on about how all the libraries have closed and all the rest of it. The truth is that, as people have referred to, roughly a third of people in the UK have used a library at least once. I do not think that is an annual pilgrimage. Many of them will have used it repeatedly and there are people who go to the library every single day of the week, or every week.
Libraries are all about promoting and enabling reading. Sometimes we forget that role—if I could get every child in the country to read one extra book a year, would that not be a success in the end for them individually and for the economy? We have not referred to the publishing business in the UK, which is an important part of our creative industries. We export more books than any other country in the world, and I want to keep it like that.
We have referred to libraries as community spaces. I have also referred to their archive responsibilities and how important those are for many people. Libraries are constantly evolving: 47 libraries in Norfolk provide a service to weigh babies and, as I understand it, in Devon they provide 3D printers. I and many other Members have referred to libraries that are doing innovative and fascinating new things all the time.
Last year, upper-tier local authorities spent £694 million on libraries in England.
The hon. Gentleman is such an impatient man—it is not as if his party did not have 14 years to produce a national strategy, or anything like that. One of the asks was about titles, and one of the others was about whether there should be a national strategy. As I said earlier, I am keen to allow Baroness Twycross, who has only recently taken on responsibilities in that area, to go where she wants to on this.
One of the difficulties with a national strategy is that so much is devolved. Of course, we try to foster good relations with our Scottish, Welsh and Northern Ireland counterparts, and there is a regular get-together with the devolved Administrations to promote that, but a lot of these decisions are made by local authorities and in other Departments. When local authorities and Departments get only an annual settlement, rather than a three-year settlement, it makes it much more difficult for them to make coherent, long-term decisions. I hope that we will change that in the spending review—that is one of the things I hope will help with funding. However, I have no idea what budget allocations there will be for independent Departments. So I am somewhat resisting the idea of a national strategy. At the moment, the Department for Culture, Media and Sport is already producing three or four national strategies on different subjects, so I am hesitant to advance down that route.
The Sanderson report made key recommendations, many of them not for Government at all, but for the sector. We are keen to see those play out and be adopted wherever possible. We are working with the sector and with Arts Council England, which has a specific responsibility in relation to libraries in England.
Several hon. Members have referred to the amount of money—£5.5 million—that we have set aside this year for improving libraries. We also have a superintending role. The 1964 legislation was deliberately drafted in a rather ambiguous way, which is one of the issues we always face. In ’24-25 we engaged with 53 local authorities in a superintending role, and we have engaged with seven since April this year.
As Members have said, 276 libraries closed between 2010 and 2023. We do want to make that closure process stop because we believe passionately in libraries.
(3 days, 4 hours ago)
Commons ChamberI beg to move,
That this House insists on Commons Amendment 32 to which the Lords have disagreed and disagrees with the Lords in their Amendments 32B and 32C proposed to the words restored to the Bill by the Lords disagreement.
With this it will be convenient to discuss the following Government motions:
That this House agrees with the Lords in their Amendments 34B and 34C proposed instead of the words left out of the Bill by Commons Amendment 34.
That this House disagrees with the Lords in their Amendment 43B.
That this House disagrees with the Lords in their Amendment 49B.
That this House insists on Commons Amendment 52 to which the Lords have disagreed and disagrees with the Lords in their Amendments 52B and 52C proposed to the words restored to the Bill by the Lords disagreement.
That this House does not insist on Commons Amendment 55 to which the Lords have disagreed and agrees with the Lords in their Amendments 55D and 55E proposed in lieu of Commons Amendment 55.
That this House agrees with the Lords in their Amendment 56B
Notwithstanding the views of the Chinese Government, it is a delight to see you in your place, Madam Deputy Speaker. I am only saddened that I have not been sanctioned, which feels a shame—nor by Russia, for that matter. There is still time.
I am delighted to be here today to discuss the Bill, which we last discussed in depth a week ago today. First, I would like to express how pleased I am that the other place has agreed to the Government’s amendments relating the national underground asset register and intimate image abuse. I pay tribute to all those Members of the House of Lords who took part in getting that part of the legislation to the place where it is now. I am glad we have been able to work with them. I will start by encouraging the House to agree to those amendments, before I move on to discuss the amendments relating to AI and intellectual property, scientific research, and sex and gender—in that order.
Lords amendments 55D, 55E and 56B, which were introduced to the Bill in the other place by the noble Baroness Owen of Alderley Edge, place a duty on the face of the Bill that requires the Government to: review the operation of the “reasonable excuse” defence in the offences of creating and requesting intimate image deepfakes without consent, or reasonable belief in consent; publish the outcome of the review in a report; and lay that report before Parliament. The Government were pleased to support the amendments in the other place, as we share the desire to ensure that the criminal law, and these offences in particular, work as the Government intend.
I think we all appreciate the amendment, because we want to protect vulnerable women, children and anybody who is at risk of this sort of harm. Could we not look at doing something similar to the amendment, and the carve-out we have created with it, for our creative industries? If we can protect our vulnerable people, can we not also protect our creative industries from copyright infringement by having territorial exemptions similar to what we have with deepfakes?
My hon. Friend is jumping the gun slightly—I will come on to those issues.
I want to praise Baroness Owen with regard to this part of the legislation. If it had not been for her, I do not think it would have ended up in the Bill. There was a bit of to-ing and fro-ing between her and the Ministry of Justice to ensure that we got the legislation in the right place. As I said in last week’s discussions, one of the issues was whether Baroness Owen’s original version of the second offence really worked in law; I think she agreed that our version, which we tabled in Committee, was better. We have been able to tidy up the question of the reasonable excuse. It is perfectly legitimate to ask how on earth there could be a legitimate or reasonable excuse for creating one of these images or asking for one to be created, and we went through those debates previously. I am glad that the Government have come to a settled position with Baroness Owen, and that is what I urge everybody to support here today.
The Government made a manifesto commitment to ban sexually explicit deepfakes, and the Bill delivers on that promise. For the first time, there will be punishment for perpetrators who create or ask others to create intimate deepfakes of adults without consent.
Secondly, I turn to the national underground asset register, which it does feel has been a long time coming. Of course, that is partly because the Bill is in its third iteration. Amendment 34 relates to the national underground asset register. An amendment was previously tabled in the House of Lords requiring the Secretary of State to provide guidance on cyber-security measures, which was rejected by this House. Last week, the Government tabled amendments 34B and 34C in lieu on this topic, which were drafted with the support of the security services. These amendments expand the scope from cyber-security only to general security measures, clarify the audience for the guidance and extend its reach to Northern Ireland, alongside England and Wales.
On all the amendments I have spoken to thus far, I thank our noble colleagues in the other place for their work and support to reach agreement in these areas. I urge colleagues here today to support these amendments, too; otherwise, we are never going to get the Bill through.
Will the Minister give way?
On the subject of never getting the Bill through, I will, of course, give way to the right hon. Gentleman.
One reason for getting the Bill through, one would hope, is to deliver on things like content credentials, which firms like Adobe have championed, to show who has produced a file, where the ownership sits and whether artificial intelligence has been used to edit it. Can the Minister confirm whether the Bill will deliver on that commitment on content credentials, and if not, why not?
Well, it is because the Bill was never intended to deal with copyright and artificial intelligence at all. The Government have not introduced any provision relating to AI or copyright, and I think that specific issue would probably be ruled out of scope if it were to be tabled.
There are very serious issues in relation to AI and copyright, which I am about to come on to, and I know the point the right hon. Gentleman is making on technical standards. [Interruption.] He keeps on talking at me—I am happy to give way to him again if he wants, but I cannot hear what he is saying.
My point is about AI being used to change photographs, and having the ability to see that through content credentials or the digital fingerprint. The point I am raising is that the Government themselves have still not adopted that, in terms of their official communications. Will the Bill deliver on that, and if not, why will the Government not adopt that best practice?
I am honestly failing to understand the point the right hon. Gentleman is making. The Bill is not and has never been intended to deal with the kind of issue he is referring to. As I say, I think that if somebody were to table amendments to that effect, they would be ruled out of order. The Bill does not deal with copyright or artificial intelligence; the only measures in the Bill on AI and copyright are those introduced in the House of Lords, which I am about to speak to.
Although I was not able to listen to the whole of the debate in the House of Lords the other day, the Secretary of State and I stood at the Bar of the House to listen carefully to considerable parts of the debate. I want to make two separate but interconnected points on AI and intellectual property in relation to the Bill. First, there is an urgent issue that must be addressed—namely, what is happening today, and, for that matter, one could argue what happened yesterday, last week, last year and two years ago. To be absolutely clear, I will reiterate that copyright law in the UK is unchanged. Works are protected unless one of the existing exceptions, which have existed for some time, such as exceptions for teaching and research, applies, or the rights holder has granted permission for their work to be used. That is the law. That is the law now, and it will be the law tomorrow if the House agrees with the Government and rejects the amendment tabled by Baroness Kidron and supported in the House of Lords. As I have said previously, I am glad that several creative industries have been able to secure licensing agreements with AI companies, including publishers, music labels and others, under the existing law. I want to see more of that—more licensing and more remuneration of creative rights holders.
It is wonderful to hear my hon. Friend talk about the importance of copyright and the fact that we have existing laws that we can use, but I wonder whether he is aware of the growing concern in industry about the risk of expansive US-style fair use principles creeping into UK practice and what we might do to secure our safeguards. We must not allow foreign interpretations of fair use to erode our copyright laws.
As I am sure my hon. Friend is aware, the US system of fair use is different from the UK’s—ours goes back to 1709, with the first of our copyright Acts, and it has been very solid. When we introduced this Bill, I said that this country should be proud of the fact that a succession of different generations have ensured that rights holders can protect their copyright. Interestingly, one of Charles Dickens’ big battles was being able to protect his copyright not only in the UK but in the United States of America, where he felt he had fewer protections. It is for us to develop our own copyright law in our own country, and I say to my hon. Friend that the law as it is will not change one jot as a result of what we are intending to do in the Bill.
I probably ought to give way first to the Chair of the Culture, Media and Sport Committee, and then to the hon. Gentleman.
Yesterday the Minister appeared before our Select Committee and said, “The best kind of AI is the kind of AI that is built on premium content, and you can’t get premium content without paying for premium content.” Now, as well as being concerned about the overuse of the expression “premium content” in that sentence, I am also concerned about the fact that, as we speak, there are copyright works out there being scraped underhandedly by AI developers, some of whom are feigning licensing negotiations with the very rights holders whose works they are scraping. Surely now is the time to require developers to tell us what copyright works are being used to train their models and what their web-scraping bots are up to. Surely he agrees that Lords amendment 49 is a very good way to move this forward to see what works are being used to train AI models.
The first thing to say to the right hon. Lady is that I completely stand by everything I said to the Select Committee yesterday. I do believe that the best form of AI will be intelligent artificial intelligence. And just like any pipe, what comes out of it depends on what goes into it. If we have high-quality data going into AI, then it will produce high-quality data at the other end. I have spoken to quite a lot of publishing houses in the UK, including Taylor & Francis in particular—
Let me finish my point and then I will give way first to the hon. Member for Perth and Kinross-shire (Pete Wishart), who gets very cross if people queue-barge.
I am aware that there are quite a lot of publishing houses in the UK that are determined to secure licensing deals with AI companies, both in the UK and overseas. First, they want to ensure that those AI companies remunerate them and, secondly, they want to ensure that they have very high-quality, up-to-date information and data going into them, so that if somebody searches for immunotherapy, for instance, they will have the latest information on immunotherapy, not stuff that is five, six or seven years out of date, or that may have come from a dodgy source.
The second point I want to make is this. The right hon. Lady said that this amendment would sort the problem today, but it would not. It would do nothing today, or indeed for a considerable number of months. Therefore, there is an issue about what we do today—what we as a Government do, and what we as the creative industries and everybody working together do, to ensure that we protect copyright under the existing law as it is today.
The Minister keeps saying that we have existing copyright laws that are there to protect the creative industries and our artists, but practically our whole creative heritage is being scraped. There are probably songs in the top 40 that have been totally designed by AI, and there will be books in the top 30 or 40 bestsellers that will be based on AI—probably fully AI. This is happening right now. Surely artists and creators should know when their works are being used. That is why Lords amendment 49B is so important for transparency.
The hon. Gentleman is absolutely right that there are works out there that have been created with the use of AI. As I have said several times, I have never thought that the creative industries are in any sense luddite; I have always thought that they are at the forefront of innovation in so many areas—at the Select Committee yesterday I referred to Fra Angelico. This is true of every creative industry: they have to innovate in order to succeed. A video games company would say that it is using AI all the time, not necessarily to save money but to improve the product and be at the cutting edge of what they are doing. Even Björn from ABBA has said that he has been using AI because it enhances his work.
One area that is in our consultation but is yet to be addressed by anybody in any of the debates I have heard in this House or the other place is this: what we do about the copyright status of works that are solely or largely created by AI, because it is a moot point what we should do about it under existing law? My point is simply that we need to address all these issues in the round rather than piecemeal, and I will come on to that in more substance in a moment.
The Minister is being very generous with his time. Central to what he is saying is transparency. Does he agree that enforceable transparency obligations would reduce legal uncertainty, deter infringement by increasing the legal risk to AI developers, and enable faster redress by allowing the courts to establish precedent where copyright is breached?
Yes. I do not think that people should breach copyright law. I have said that in several debates, and it is the settled view of the Government. We believe that people should not breach copyright law—they should not break the law. Some of the issues my hon. Friend raises have been or are being tested in the courts, and they will be contested more in the courts in future months.
A point I made right at the beginning, when we introduced the consultation, was that there is a fair use system in the United States of America, while we have our system in the UK, and then there is a slightly different system in the EU, which has largely relied on the Napoleonic code understanding of what an author is and what a work is. All those systems are slightly different and have been implemented in different countries in different ways, and they may lead to different conclusions in individual court cases.
That is why we have wanted to look at every single element of this issue, from transparency to technical data, access to high-quality data, issues of enforcement and personality rights. There are a whole series of issues, many of which are yet to be addressed in debates in either Chamber. That takes me back to my point that I do not think this is the Bill in which to do this piece of work, and I do not think that the amendment we are debating will secure what people hope from it.
The Minister mentioned the consultation. Could he confirm that the Government no longer consider an opt-out model to be their preferred approach to copyright and AI, and if so, what alternative approach is now being actively pursued or developed with the sector?
I will say two things. First, we have always said that we were consulting on a package, and part of that package was a technical solution so that rights holders would be able to protect their rights better, in a way that—
I will in a moment, but I am still answering the intervention. I had two points to make, and I will now probably forget the second one.
As I was saying, it was always going to be a package of measures, and we always said that we would not introduce that package unless we were secure in the belief that we could deliver for the creative industries a technical solution that made it simpler for them to enforce their rights and seek remuneration and that would lead to more licensing. That is a whole package.
When we last debated this, I said two things: first, that we are open-minded about where we are in relation to the consultation, and secondly—perhaps just as importantly—that our amendment 16 would require us to undertake an economic impact assessment of all the different options included in the consultation. I hope that answers my hon. Friend’s question. Somebody else wanted to ask another question.
I think it was my hon. Friend the Member for Knowsley (Anneliese Midgley) and then I will probably go over to my hon. Friend the Member for Na h-Eileanan an Iar (Torcuil Crichton).
The other week, an Observer article reported that a source close to the Secretary of State for Science, Innovation and Technology said that
“proposals to introduce an opt-out system of copyright rules was no longer his preferred option but one of several being given consideration.”
That is a very welcome change of heart, potentially, but it does not mean anything unless Ministers are prepared to repeat it in Parliament. Will my hon. Friend the Minister confirm that that is an accurate representation of the Government’s position?
I am afraid that I will repeat what I just said. First, in the consultation we introduced a package of measures and it hinged on the issue of whether we can deliver not only for AI companies but for the creative industries, to protect their rights more effectively than they presently can. Secondly, as I think I have now said twice at the Dispatch Box, we are open-minded about the responses to the consultation. We have had 11,500 responses to the consultation and we are making our way through all that. A lot of different issues have been addressed.
The issue of the economic impact assessment is a serious one. It is one thing to say that the AI sector in the UK, which is the third largest in the world, is worth x billion pounds to the UK economy, and that the creative industries are worth £124 billion—that is a number that a lot of people have used—to the economy. It is quite a different matter to draw up a proper economic impact assessment on the basis of the various different options.
I am afraid the hon. Gentleman is in a queue. It is quite a long queue, and it seems to be getting longer.
No, no. I think my hon. Friend the Member for South Derbyshire (Samantha Niblett) is next.
On the point of finding a solution in the round, if no credible technical solution is in sight, will the Minister confirm what non-technical legislative or regulatory measures the Government are considering to protect rights holders in the interim?
That is precisely why we need to do this in the round, rather than just piecemeal. I understand the attraction of what is on the amendment paper today, but I do not think it would deliver the answer that the people need now to the issues that the creative industries are facing now. In another debate we referred to the issue—
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.
We can assure the Minister that he remains popular, as well as generous with his time. He mentioned the Government consultation. It has caused deep and sustained anxiety across the sector. When can we expect a substantive response to the consultation?
I wish I could give my hon. Friend a timeline. The main thing I want to say about the timeline, as somebody who I think all hon. Members know cares passionately not just about the anxiety that has been created in this sphere because of the consultation but about the anxiety for many creative people about their future careers, is that I get that anxiety—100%. That is the bigger point.
Frankly, I would like to stop doing the Data Bill and start going out and engaging with the Minister for AI and Digital Government, my hon. Friend the Member for Enfield North (Feryal Clark), to have as many sessions with creative industries and different parts of the sector and with the AI companies—in particular UK-based AI companies—to work out how we can get to proper solutions to all of this. However, until I get the Data Bill out of the way, I will struggle to do that.
On another point, I think of my hon. Friend the Member for Knowsley as a musician, because she is still a member of the Musicians’ Union. There is a really important part here for the different sectors within the creative industries. Word, image, music and sound will all probably need different technical solutions. That is the kind of nitty-gritty that we need to get into, which we can only really do when we consider the whole issue in the round, rather than just one specific aspect of it. Now, I think Margate calls.
I thank the Minister for giving way; he is being extremely generous with his time.
The Minister is talking about the possibility that the amendments put forward would not do anything today, but there is an urgency in the creative industries because the stuff that they create is being scraped now. Will he prioritise transparency by committing at the Dispatch Box to introducing enforceable obligations, if not through a statutory instrument then at least through a clear public commitment, so that transparency will be central to the Government’s approach to AI and copyright?
First, I completely get the urgency of this. In many ways, I wish we had been addressing this two or three years ago, because we are some way behind other countries in relation to this. Secondly, we will prioritise the issue of transparency in all the work we do as we go forward. I have said that from the very beginning. Transparency is essential to the issue of licensing; licensing is essential to the question of remuneration; and remuneration is essential to the process of AI being high- quality, effective and able to be deployed in the UK. All these things have to be addressed in the round and together, but my hon. Friend is absolutely right to say that without transparency, it is worth nothing.
The AI Minister—the Under-Secretary of State for Science, Innovation and Technology, my hon. Friend the Member for Enfield North—is chuntering in my left ear, which is helpful because she makes the point that this was the very first thing we discussed when came into office. With both of us in the Department for Science, Innovation and Technology, we discussed how we could get to a resolute piece of legislation that enabled greater licensing, greater deployment of artificial intelligence in the UK, in particular UK companies, and greater transparency. So I completely agree on that—
I will give way, but I have the hon. Member for Tunbridge Wells (Mike Martin) waiting.
Again, my hon. Friend is extremely generous with his time. Will he therefore consider interim measures or guidance that would deliver similar outcomes while legislative options are being explored? That is what the creative industries are looking for.
I do not know what interim measures would look like. All three of us on the team, including the Secretary of State, have often said that we are open- minded about anybody coming through the door with a good solution. We are in the business of good ideas, and if anybody has any good ideas, we are happy to look at them, but I honestly cannot make the guarantee that my hon. Friend asks for because I do not know what interim measures that were not legislative would look like. It is not our intention—I would urge people to abide by this—to legislate piecemeal in this Bill, which is not about artificial intelligence and copyright.
Of course I will give way to the hon. Gentleman. I am sorry he has been waiting so long.
I am grateful to the Minister for giving way; he is being very generous, although I might suggest that he works on his queuing system a little bit.
I understand that the timetable issue is a difficult one, and most things seem to be arriving in the spring with this Government, but could we talk about the format? Are we going to have the consultation, then a White Paper and then a Bill? Is that what it is going to look like? Will that perhaps be in the next King’s Speech?
If I was unable to suggest what interim measures would look like, I am not sure I will be able to please the hon. Gentleman by suggesting what will be in the next King’s Speech. I do not even know when the next King’s Speech will be. As the Minister for the creative industries and for data, I want, along with my colleagues in Government, to be able to get on with the business of trying to get together the working parties I have referred to. I want to get people from the AI companies and the creative industries sitting around the same table to work out what a proportionate and effective system of transparency would look like and what the technical solutions might be. Other countries have struggled with drawing this up; the EU is struggling with it at the moment.
That is the next stage. At the same time, we are considering what our response to the consultation should be. We have heard what many people in this House and in the House of Lords have said on this issue, and of course we will bear all that in mind. We are keeping an open mind in relation to that. I cannot give the hon. Gentleman a date for when we will publish that consultation, but we are working on it as fast as we possibly can.
My hon. Friend told our Select Committee yesterday that it is not for us to give away the labour of other people to third parties for free. Given that the Government have now said they are open-minded, and if open-minded means there is no technical solution, is the Minister open-minded to the idea of legislative solutions to protect copyright and enhance it for all our great creatives? It is not just ABBA’s Björn; it is people in Rochdale and low-paid creatives across the whole north-west and country.
One of the special and unique aspects of the creative industries as a sector, which has grown faster than the rest of the UK economy and for whom we hope to lay out our plan in the next few weeks in the creative industries industrial strategy, is that they exist in nearly every part of our land. Often, the jobs are not well remunerated, and we want to change that. That is a key part of what we seek to do. We also want to ensure that more people can come into the creative industries and realise their ambitions in those areas, and they will not be able to do that if they are not remunerated. That is why I have made the point from the beginning that we want to get to a technical solution, which is not far distant. It is a possibility—I would not deride it. It does not exist at the moment, but there are those who want to work on it. Frankly, somebody might earn a decent penny if they were to come up with a solution so that all rights holders would be able easily, simply and without great expense to protect their rights across all AI platforms deployed in the UK.
Oh my Lord—I am almost as keen to get on to the next bit of my speech as I am to get the data Bill through to Royal Assent, but I probably ought to give way to the right hon. Lady and then I will come back to my hon. Friend.
I am so grateful to the hon. Gentleman for giving way. I get the sense that he is perhaps needing to go long, and that might be why he is taking so many interventions—I am happy to assist him in that process. I want to give him an opportunity. I know him well enough and know how much he values this place, but I have been slightly concerned by his comments throughout that he is keen to get on with it. Would he like to put on the record that he is first and foremost a parliamentarian and that being in this place is the bit of the job that he values most?
Well, the right hon. Lady was at my 60th birthday—I know it is difficult to believe.
“A long time ago!” says the rather ungenerous Member sitting at the back.
Honestly, I have not been asked to go long. I am simply, because I do believe in parliamentary scrutiny, trying to answer all the questions and engage in a proper debate. I know that colleagues want to press me on a series of issues. There are some issues coming up that they might want to press me on that are completely different from this, and I am happy to be pressed, including by the right hon. Lady, as many times as she wants. But I do not think there was a question in her point. She thought she was trying to help me go long, but I am trying to go slightly shorter.
To help the Minister for a moment, because colleagues are looking bewildered: I do not know who was or was not invited to the Minister’s 60th birthday party, in case they are feeling a little left out.
I know it is out of order to say that an hon. Member is not telling the truth, but, Madam Deputy Speaker, you were there! [Laughter.] And I accept your apology.
The hon. Gentleman has been generous with his time today and in the process to date, and I thank him for that. I understand the Government have long maintained that this Bill is not the right place for these amendments. Given the Government’s anticipated removal of the Lords amendments and the use of financial privilege, what definitive action will the Minister take to address the ongoing serious concerns of our world-leading creative industries, particularly on copyright and transparency? What does he advise those of us seeking stronger commitments to do next? Would he point to any specific timeline, mechanism or legislative tool that will be used to offer the certainty that the sector is crying out for?
Notwithstanding the hilarity, this is obviously a very important matter to a large number of people. For many people in the creative industry, it feels like a kind of apocalyptic moment—they think that their careers are disappearing in front of their faces. I fully recognise that.
The moment that the Bill is out of the way, I and the two Departments I sit in—the Departments for Culture, Media and Sport and for Science, Innovation and Technology—would like to get people back in to work on two working parties. One would work on transparency and precisely what it looks like in granular detail—very high-level stuff does not really meet the moment. The second would work on technical standards and solutions that might deliver greater access to data for the AI companies, and on the ability for the creative industries to protect their works.
I do have some sympathy with Lords amendment 49B. There is one element that I would like to explore, which has been raised by the hon. Member for Perth and Kinross-shire (Pete Wishart). It is one thing for Getty Images, for example, to go to court and protect its rights under the existing law, because it has deep pockets and can engage lawyers. It is quite a different matter for individual artists, who may want to promote their work by putting it on the internet and do not want it to disappear from the internet, but also do not want it to be scraped and turned into another version of their work created by AI.
I will in a second. Then I probably ought to move on to the next subject, Madam Deputy Speaker.
Will the Minister give way?
Oh dear.
I take very seriously the point that this is not just about people with deep pockets; it is also about individual artists. We want to ensure that they are protected. I give way to the hon. Gentleman.
There is little doubt that the Minister takes the issue seriously—I think the House accepts that—but does he acknowledge that what he has said in answer to questions from the Opposition and from his hon. Friends will offer the sector rather cold comfort? He recognises that this is an issue, as the Government do, and argues that the Bill is not the place to resolve it, but he does not give strong leadership by setting out a clear timetable and a clear direction of travel or sharing with the House his thinking on how the issue could be solved. Many people are facing this problem today, and he is asking them to take comfort from his intention to do something at an unspecified time, with the exception of convening two working parties. It is not quite enough to meet the magnitude of the concern from that vibrant and growing sector, which, as he rightly says, is represented in all constituencies across the country.
Of course, I would like to be able to move faster, but as the hon. Gentleman said to me last week in Committee and in various different places, this is not an easy knot to untie. It will require a great deal of goodwill from a large number of people to secure a settled outcome that works for everybody. I still believe that there could be a win-win situation, but that will happen only if we can gather everybody around the same table in order to deliver it. I am perfectly happy to provide leadership, and to be punched in the nose for providing that leadership if people think that I have got it wrong, but I do not think that is the problem at this particular moment.
Let me give the hon. Member for North Dorset (Simon Hoare) one reason why I think Lords amendment 49B does not really work. Yes, we all agree that we should introduce transparency measures—although it is difficult to work out precisely how they would be proportionate and effective and work equally for big and small companies—but there is no point in having transparency measures unless we have an enforcement measure. An element of the proposed new clause refers to enforcement, but it basically asks the Secretary of State to draw up that enforcement. One would not expect to be able to do that in any other area without a full Bill devoted solely to that purpose. I wish that I could move faster, but I do not want to move faster than is required to secure an outcome.
I will take only one more intervention, I am afraid, because I have taken so many. I probably ought to give way to the Chair of the Science, Innovation and Technology Committee.
I thank the Minister for his generosity in giving way, which has made this a real debate. I commend him for his determination to bring together the tech sector and creatives to develop a solution—I know that many creatives are technical, and many technical people are creative. May I urge the Minister to ensure that he works with a wide range of tech companies? As I have said to him, I do not believe that large tech platforms have the right incentives to develop an appropriate tech solution to this, and I urge him to be transparent about how he engages with them.
Finally, the tech platforms refused to appear at a joint sitting of the Science, Innovation and Technology Committee and the Culture, Media and Sport Committee, but it is through transparency that we can ensure competition to identify the best technical solution.
Yes, I completely agree. My hon. Friend makes the good point that in the UK, many of the creative industries—roughly 40%—are tech. They are fast-growing, and part of what we want to incentivise. She makes the good point that we need to talk to lots of different kinds of artificial intelligence companies, just as we need to talk to lots of different kinds of creative industries. All those points are well made, and what she refers to is precisely the work that I and the team will want to take forward as soon as we can.
This will be my last intervention for now. Will the Minister make it his policy to include representatives of the creative industries on the technical committees that are working on AI and copyright reform? We arrived at this point because there is a sense that one Department speaks to some people, and another Department speaks to others, whereas there are implications for both sectors. We should have both sectors in the room, talking about each other with the Minister and his Department.
I completely agree with everything my hon. Friend said, and I can give that guarantee. Interestingly, when we started this process after the general election, the first consultation meetings that the Under-Secretary of State for Science, Innovation and Technology, my hon. Friend the Member for Enfield North (Feryal Clark), and I had were with the creative industries in one room and the AI companies in another. Perhaps it would have been better to mix them up in the way my hon. Friend has suggested, and that is precisely the job of work that I want to get on with.
We are determined that wherever we can, we will take creative industries with us, and we will be transparent about the work that we do. I want to lay to rest the idea that there are two Departments at war with one another. That simply is not the case. The two Departments are trying to work together to achieve good outcomes for everybody.
The Minister is being unbelievably generous in taking interventions, but before he moves on, I wanted to say that it is really important to have those involved in AI and in the creative industries in the same room at the same time. He must not forget that the reason the creative industries are in such a state of panic and despair about this is because a hare was set running a few months ago by the Department for Science, Innovation and Technology, when it published an AI strategy that said that the copyright opt-out was a way to grow the AI industry. The Government then published their consultation, in which they indicated that the opt-out was their preferred mechanism, despite the fact that the document also mentioned prioritising transparency. I understand that, but the Minister must understand that panic has set in. Words matter; what we say matters. He needs to do everything that he can to bring this issue to a close.
As the hon. Lady knows, I am sympathetic to the direction of travel that she is trying to take me in. Some people will think that I am splitting hairs, and that is not my intention, but I have been keen to avoid the term “opt-out”. As I said, we have brought forward a package of measures. They were reliant on our being able to deliver greater control, through technical measures, for the creative industries and others who had rights to protect. That is why we referred to “rights reservation”, rather than “opt-out”. I take her point, and I am sure that we will be debating it for some considerable time. She is a Select Committee Chair, as is my hon. Friend the Member for Newcastle upon Tyne Central and West (Chi Onwurah). I should have said earlier that when I was Chair of the Committee of Privileges, we produced a report, which has yet to be implemented or even discussed in the House, about how we could ensure that witnesses appeared before Parliament when Select Committee Chairs wanted them to.
If it is all right with the rest of the House, I will move on to further subjects. The issues around scientific research—I can never work out where the emphasis lies when I say the word “research”—are embodied in Lords amendment 43B. Some people have suggested that the Bill will somehow create a wild west for research, but that is simply not true. The Bill does not change the threshold for what constitutes scientific research; we are sticking with what has been and is a fair, clear and proportionate measure, using the “reasonableness test” that is common in other legislation and well known by the courts.
As Lord Vallance said in the House of Lords earlier this week, this amendment would go against the good work done by the previous Government on avoiding unnecessary red tape for researchers. We have a world-class research sector in the UK. We want to empower it, not tie it up in red tape. We believe that documents such as the Frascati manual, which are useful and interesting in other settings, are not designed to contain legally binding requirements, so the amendment is misplaced.
If the amendment were carried forward, researchers would need to be able to demonstrate their work’s creativity to a legal standard. If someone’s work is aimed at testing or reproducing another researcher’s results, is it truly creative? That is a legitimate question, but it takes on a whole new meaning, and brings a whole new layer of bureaucracy, when enforced to a new legal standard, as the Bill insists, backed up by the potential for huge regulatory fines.
Similar issues arise in relation to requirements for research to be “systematic” and “ethical”. Those words are not necessarily well known in the courts when it comes to this legislation. As Lord Winston argued powerfully on Monday, if the amendment had been law 50 years ago, we may never have had in vitro fertilisation and the benefits spinning off from that, including valuable cancer research. Those are the issues caused by putting such a test in a legally binding setting that it was never designed for.
On the point that Lord Winston made in the other place, will the Minister explain how setting a test for scientific research, so that data could be reused, would have prevented in vitro fertilisation?
Lord Winston’s point is that by introducing a requirement that research be systematic, ethical and creative, we are creating a whole new idea of what constitutes research. When he wanted to start his IVF work, it was generally thought that it would be unethical to explore that territory. Today, we would consider that view to be misplaced. We believe that the task of deciding what counts as scientific research is best approached by drawing on guidance and the opinion of experts. That is what the reasonableness test allows. It is a concept that is well understood by the courts. While I sympathise with the intention, expressed in the other place, of guarding against misuse, and while I understand the issues that my hon. Friend the Member for Newcastle upon Tyne Central and West and I have discussed on several occasions, the Government believe that the amendment is unnecessary as the Bill already contains sufficient and, I would argue, considerable safeguards.
A controller who wishes to change the purpose of data processing to scientific research must first ensure that they comply with clause 71’s rules on purpose limitation. Scientific research is not listed as grounds for exemption where data was collected on the basis of consent. Secondly, the controller would have to ensure that they passed a “reasonableness” test; thirdly, they would have to ensure that they had lawful basis; fourthly, they would have to ensure that they met the requirements of the safeguards in clause 86; and fifthly, they would have to ensure that the new processing was fair and complied with the wider data protection principles in UK GDPR. That is a very substantial set of safeguards. The Government cannot see how the Lords amendment would add value, on top of all those requirements against misuse, but it would have an effect on genuine researchers, as I have set out, burdening them with red tape and uncertainty and potentially excluding important research.
If my hon. Friend does not mind, I will not give way again. I will sum up at the end of the debate, so if she wants to raise issues again, I will take interventions then. [Interruption.] I think you would like me to get a move on, Madam Deputy Speaker.
I turn finally to the issue of sex and gender, particularly in the context of the measures on digital verification services. I have tabled amendments to remove the measure that was voted for in the House of Lords on Monday, for reasons that Lord Vallance and I have noted in previous debates. For clarity, the data accuracy principle requires personal data to be accurate and not misleading for the purpose for which it is being used. That safeguard should ensure that personal data shared by public authorities with digital verification services for the purposes of verifying a particular attribute appropriately confirms the specific attribute in question. Public authorities and digital verification service providers are legally required to comply with that principle at different stages of the digital verification process. As I said last week, although it is very unlikely that digital verification services will be used in the kind of cases raised by Opposition Members, the provisions mean that if an organisation requests verification of a person’s sex at birth, the public authority must not share data that records gender more widely for the purpose of that check. Likewise, digital verification service providers must not rely on data that records gender more widely as part of the verification process in that scenario.
This Government recognise that there are instances where sex and gender data appear in the same field in public authority data sets. Existing legislation requires personal data to be accurate for the purpose for which it is being used, which means that personal data processed as part of digital verification checks must reflect the specific requirements of that check. I assure the House that if the Government were to identify an instance in which a public authority was sharing with digital verification services gender data that was mislabelled as biological sex data, we would respond appropriately.
To reiterate, this Government consider the issue of data accuracy to be of importance, and accept the Supreme Court ruling. That judgment and its effects must be worked through holistically, with sensitivity and in line with the law. The Government are already undertaking extensive work on data standards and data accuracy that will consider upcoming updated guidance from the equalities regulator. I do not think it would be appropriate to legislate in the way proposed without having taken those steps, particularly given the sensitive nature of this matter and the potential impact on people’s privacy and human rights.
I finish by noting your opinion, Madam Deputy Speaker, that Lords amendments 49B, 52B and 52C engage the financial privilege of this House, which the Government do not believe it is appropriate for this House to waive. I am sure that the other place will reflect on that carefully during its further consideration of the Bill. I am grateful to all those Members who intervened, and I hope that I have not managed to cut off anybody before their prime.
That was a substantial opening speech.
I rise to speak to Lords amendment 43B, which deals with the safeguarding of scientific research and ensuring that the exemptions in the Bill are used for the purposes of such research alone.
On Second Reading, the Minister was unable to address the points that I raised; he ran out of time because of the length of the debate on AI and copyright, and I rather feel that the same has happened today. In the meantime, however, he wrote to me extensively to address my concerns. Although I do not think all of them were fully addressed, I was convinced that the Minister and, indeed, the Government did not intend this measure to widen the circumstances in which data could be reused for scientific research without consent. I am thinking of circumstances in which data would be reused for the training of AI models which were in themselves not contributing to new, creative scientific research. I believe—let me emphasise this—that all scientific research is creative, and that even if it is simply reproducing existing findings, it is creating confidence in the stock of scientific knowledge. I understand that the Minister does not intend to create a wild west, and I hope that he can confirm specifically that it is not the policy, intention or effect of the provisions to enable the reuse of personal data for AI.
The Minister makes a hand signal, but I am of the view that hand signals are not reflected in Hansard. The Minister has far greater knowledge of proceedings in this House than I do, so I suspect he knows that too. If he would like to intervene on me, I would be very happy for him to do so.
I am being very badly behaved. I did not want to take up more time, but I will respond at the end. I think my hon. Friend will be happy.
I would always agree with the noble Lord Brennan. As somebody who played with him for many years in a parliamentary rock band, I think we all miss him in this House. He was spot-on when he said that: we have to act now.
Even if the Government want to change copyright law—I still do not know whether that is their intention, and the creative sector strongly opposes that—it will be years before creators have the slightest hope of protecting their work against creative theft. This sector has seen its work taken, used and exploited by tech companies. They came into this process hoping that they would finally get some protection, but instead of being heard, their hopes have been set aside again.
Lords amendment 49B does exactly what the sector has been calling for over many years. The fact that it has been tabled is a credit to the sustained campaign from our artists in the creative sector, who have organised themselves so efficiently and put such a compelling case. They have put so compelling and knowledgeable a case that our constituents have started to understand the complexities of copyright law, and they now realise its value in ensuring that the works of the artists they love, respect and like to listen to are recognised and that they will be compensated for their wonderful works. Despite what the Government say, merely enforcing the existing law will not be burdensome for AI firms, particularly as Lords amendment 49B allows the transparency requirements to be modified for small AI developers and for all UK-registered developers so that they are proportionate. This will prevent start-ups from being burdened with overly onerous regulation. In fact, all this proposal does is put UK start-ups on a level playing field with US tech giants that gain an unfair competitive advantage by ignoring copyright law. Transparency will make the legal risk of copyright infringement too great for AI firms to break the law. It will allow courts to hear cases quickly, establish precedent and kill any argument that there is uncertainty in UK law. If we can see what has been stolen, it is easier to stop its being stolen and to get redress when it continues to be stolen.
It is now up to the Government to fix this. If they are serious about protecting our creative industries—they should be, and I accept that that is what they intend to do—then they cannot stop at working groups and economic impact assessments. That is the bare minimum; it is not, by any measure, enough.
If this is the last opportunity we have to put the case, it is a black day for our creative sectors. They had hoped that this would be the day the Government appeared with something that satisfied at least some of their concerns. They deserve to have their work protected fairly. They were looking for anything from the Government to see that they were clearly on their side and were prepared to do something. I think we already know exactly what they will decide, but the Government now have a choice: remove Lords amendment 49B and turn their back on the creative industries, or find an actual way to protect our creative sector and make sure that they back it.
I was anticipating more contributions from other Members, but it is a delight to see you in the Chair, Madam Deputy Speaker, and to follow on from the hon. Member for Perth and Kinross-shire (Pete Wishart). I will not speak at great length, Members will be delighted to hear.
First, I want to refer to the matter of financial privilege, because the hon. Member referred to it just now. It is not the Government who decide whether financial privilege is engaged. It is a simple matter decided on advice from the Clerks to the Chair, which is determined from two motions, from 1671 and 1678. Where there is any financial implication of a Bill, or in this case an amendment that comes from the House of Lords, it is a simple matter as to whether or not the financial privilege of the House of Commons is engaged. Anything that obviously requires a system of enforcement is likely to require expenditure. That is why we would not choose to waive our financial privilege in relation to these amendments today.
A money resolution to the Bill was passed with Second Reading. I looked at it and there is nothing that says there is any financial limit on any measures included in the Bill, so I am a bit confused about why financial privilege has to be invoked on that basis.
It is not the Government who invoke financial privilege. It is the House that does it, via the Speaker’s Chair. I am afraid that that is a debate we will have to have at another point. Much as I love debating motions from 1671 and 1678, I think we might move forward.
The only point I will make to the hon. Gentleman about his contribution on the creative industries—he knows that on many of these issues we completely and utterly agree—is that if there were a simple way of being able to enforce those rights today, I would seize it. If he wants to write to me with a suggestion on what that actually looks like and what we would do today to be able to enforce the rights under the existing law today, then of course I would be happy to look at it.
I also said that I would respond to the point from the Chair of the Science, Innovation and Technology Committee, my hon. Friend the Member for Newcastle upon Tyne Central and West (Chi Onwurah). The Bill creates no new permission to reuse data for scientific research. It is not the effect of the provisions to provide blanket approval of the reuse of personal data for AI training under the banner of scientific research. I hope that that meets some of her understandable concerns.
Madam Deputy Speaker, I know that it is completely not in order, but I am going to say it anyway and end on this point. We have discussed some very serious points, but I do just wish that Remember Monday will win the Eurovision song contest on Saturday evening, with their song, “What the Hell Just Happened?” I wish Lauren, Holly-Anne and Charlotte all the best of British.
Question put.
(3 days, 4 hours ago)
Commons ChamberOne of the things that keeps me awake at night is how we ensure that people are protected—the most vulnerable and rural communities in particular—as we transition from the copper network to fibre. That is why I was glad that, in November last year, I was able to get all the network operators to sign up to a new code of conduct that will, I think, provide precisely that protection.
Dominic’s aortic aneurysm burst at his rural home five years ago. With no phone signal in their stone-built house, it was a 50-minute landline call to emergency services that helped his wife keep him alive while they waited for an ambulance. As Dominic waits for more open heart surgery, can the Minister reassure his family that we are doing all we can to mitigate the risks to him and other vulnerable people during power cuts?
I certainly can. I send my best wishes to my hon. Friend’s constituent. He said that it is a stone-built house; he is absolutely right that there are particular difficulties with mobile signal in stone-built houses—I live in one myself, in Porth in the Rhondda. One thing that we have done recently, as a result of the pressure that I have put on people, is to ensure that the battery back-up power is not just the Ofcom-guaranteed one-hour minimum, but considerably longer, and that is what lots of the operators are now providing.
What awareness is there in very rural areas where there is not great broadband coverage and very poor indoor mobile phone coverage—sometimes no coverage at all—of the effect of this change, particularly in places where there are frequent and sometimes extended power cuts? When can we expect a full national awareness campaign?
I welcome the right hon. Gentleman’s comments—I am glad that he is expressing an interest in this issue. He took part in a Westminster Hall debate on it only a few weeks ago, when I was a bit grumpy with him, for which I apologise. He makes some good points. He may not be aware of the campaign, which is already up and running, so obviously the awareness campaign needs to do a bit more work to make him aware of the awareness.
Rural broadband coverage simply is not good enough.
Many rural villages in my constituency still suffer from poor broadband access, with no clear date for when it will get better and more demands for huge expenditure to get them connected to the network. I think particularly of residents in Banningham, who have suffered from poor broadband access for years and feel they are at the bottom of the pile. In Finland, the broadband roll-out started with the hardest-to-reach properties and reached inwards, tackling the biggest challenges first. Does the Minister agree that a roll-out strategy like that, rather than one that goes for the easiest properties first, would have served those communities better and faster?
The largest chunk of broadband delivery will be done on a commercial basis by the private sector. We do not want to do with taxpayers’ money what could probably be done by the commercial sector. I did not catch the name of the village that the hon. Member referred to. I am not sure whether he has been to one of my Building Digital UK drop-in sessions, but if he needs further information for that particular village, I would be very happy to try to sort it.
In my constituency, residents of the rurally isolated community of Balquhidder did not wait for a major provider; they dug and laid 34 km of fibre optic cable themselves using the Government’s broadband voucher scheme to partner with a small business and deliver gigabit broadband—a remarkable achievement. That success is now at risk, however, because for well over a year the Government payment processes have been struggling to engage with the volunteer-led project. Will the Minister meet me to help resolve that, and will he join me on a visit to the beautiful Balquhidder glen to see at first hand what that resourceful and determined community have delivered?
Everybody tells me that Balquhidder is very beautiful—in fact, my hon. Friend told me earlier this morning. I would be interested in a visit if it were also possible to visit the new film studio that I think might be coming to his constituency. Stirling is one matter, but Strathallan and the very wide rural areas in his constituency are different. I would be very happy to try to sort out the specific issues that he has in Balquhidder.
It is important that we have the right data on which places are missing out. That is why, as I have said before, I am desperate to ensure that, if people check Ofcom’s online announcements on coverage in their area, it matches their lived experience. I can announce that Ofcom will be radically changing its online coverage network system. I have placed a letter in the Library today between myself and Ofcom which lays out when we will do that in June.
I welcome the investment in my constituency from Project Gigabit’s £157 million deal to upgrade Scotland’s broadband. The remote jobs market opens up employment opportunities for those who live outside the major cities. However, several constituents from more rural areas around Bridgend, Armadale, Bo’ness and Bathgate have told me that they have lost out on opportunities for flexible working, and even lost jobs due to poor connectivity. Can the Minister reassure my constituents that they will not lose out on future opportunities because of where they live?
My hon. Friend is absolutely right: in a digital world, we cannot have some people engaged and who have the connectivity they need while others do not, because that simply will not drive forward economic growth in this country. She makes a very fair point, and yes I can give that guarantee.
I thank the Minister for his response. During my recent visit to the Nailsea & Backwell disabled access café, I had the privilege of meeting remarkable residents such as Alison. A recurring theme emerged about accessing Government services, which often assumes internet access and capability. What additional measures is the Department implementing to ensure that everyone in North Somerset, particularly those with disabilities or limited digital skills, can access vital Government forms and assistance in formats that truly work for them?
There are so many parts of delivering our public services where we can improve productivity if we manage to do so on a digital basis. I am conscious that, for example, a Doncaster hospital still employs 42 people just to carry around physical medical records. That is clearly nonsense and we need to change it. My hon Friend is absolutely right: if we go to a digital future we must be able to take everyone with us. That must mean that non-digital options should be available to those who are not able to take up digital options.
My constituent John wrote to me to highlight the slow and weak internet connectivity in Boyatt Wood. Meanwhile, constituents who live in the centre of Eastleigh regularly struggle to get online. Does the Minister agree that all my constituents deserve access to fast and reliable broadband? What assurances can he give them that that is a priority for the Government?
I would argue that her constituents have a right not only to good broadband—if the hon. Lady wants to come to one of my Building Digital UK drop-in sessions she would be very welcome; we can go through street by street if necessary—but to mobile connectivity. I bet there are people in her constituency, as there are in every constituency in the land, who see on the Ofcom checker that they have a perfect signal and know that they do not. That is one thing that I am changing with the deal I have done with Ofcom.
There are some really good examples of the delivery of innovative products that provide access in remote and rural areas and some good small-scale providers, but in the Cairngorms national park area a provider recently unexpectedly ceased the service. Consumers have been left out on a limb, so is it time to put in place, as with the energy system, consumer protection should a provider fail to provide a service?
I have long thought that digital connectivity is now akin to a connection to electricity, water or any other public utility. That is how we should treat the law, and I think that would assist the hon. Gentleman’s constituents.
My hon. Friend is absolutely right. There are older people, and others for that matter, who either have no online access or do not have a smartphone, who would not be able to access things in a digital world. That is why we introduced a digital inclusion plan, and that is one of the key differences between a Labour Government and a Tory Government: they did not have any interest in digital inclusion and they did not have a plan for 10 years, and we brought one in.
Before we come to Prime Minister’s questions, I welcome to the Gallery the Speakers of Anguilla, Bermuda, the British Virgin Islands, the Falkland Islands, Gibraltar, Montserrat and St Helena.
(1 week, 3 days ago)
Commons ChamberI beg to move, That the clause be read a Second time.
With this it will be convenient to discuss the following:
Government new clause 17—Report on the use of copyright works in the development of AI systems.
New clause 1—Age of consent for social media data processing—
“(1) The UK GDPR is as amended as follows.
(2) In Article 8 of the UK GDPR (Conditions applicable to child's consent in relation to information society services)
After paragraph 1 insert—
‘(1A) References to 13 years old in paragraph 1 shall be read as 16 years old in the case of social networking services processing personal data for the purpose of delivering personalised content, including targeted advertising and algorithmically curated recommendations.
(1B) For the purposes of paragraph 1A “social networking services” means any online service that—
(a) allows users to create profiles and interact publicly or privately with other users, and
(b) facilitates the sharing of user-generated content, including text, images, or videos, with a wider audience.
(1C) Paragraph 1B does not apply to—
(a) educational platforms and learning management systems provided in recognised educational settings, where personal data processing is solely for educational purposes.
(b) health and well-being services, including NHS digital services, mental health support applications, and crisis helplines, where personal data processing is necessary for the provision of care and support’”.
This new clause would raise the age for processing personal data in the case of social networking services from 13 to 16.
New clause 2—Compliance with UK copyright law by operators of web crawlers and general-purpose AI models—
“(1) The Secretary of State must by regulations make provision (including any such provision as might be made by Act of Parliament), requiring the operators of web crawlers and general-purpose artificial intelligence (AI) models whose services have links with the United Kingdom within the meaning of section 4(5) of the Online Safety Act 2023 to comply with United Kingdom copyright law, including the Copyright, Designs and Patents Act 1988, regardless of the jurisdiction in which the copyright-relevant acts relating to the pre-training, development and operation of those web crawlers and general-purpose AI models take place.
(2) Provision made under subsection (1) must apply to the entire lifecycle of a general-purpose AI model, including but not limited to—
(a) pre-training and training,
(b) fine tuning,
(c) grounding and retrieval-augmented generation, and
(d) the collection of data for the said purposes.
(3) The Secretary of State must lay before Parliament a draft of the statutory instrument containing regulations under subsection (1) within six months of the day on which this Act is passed and the regulations are subject to the affirmative procedure.”
This new clause requires web crawlers and general-purpose AI models with UK links to comply with UK copyright law across all stages of AI development.
New clause 3—Transparency of crawler identity, purpose and segmentation—
“(1) The Secretary of State must by regulations make provision requiring operators of web crawlers and general-purpose artificial intelligence (AI) models whose services have links with the United Kingdom within the meaning of section 4(5) of the Online Safety Act 2023 to disclose information regarding the identity of crawlers used by them or by third parties on their behalf, including but not limited to—
(a) the name of the crawler,
(b) the legal entity responsible for the crawler,
(c) the specific purposes for which each crawler is used,
(d) the legal entities to which operators provide data scraped by the crawlers they operate, and
(e) a single point of contact to enable copyright owners to communicate 35 with them and to lodge complaints about the use of their copyrighted works.
(2) The information disclosed under subsection (1) must be available on an easily accessible platform and updated at the same time as any change.
(3) The Secretary of State must by regulations make provision requiring operators of web crawlers and general-purpose AI models to deploy distinct crawlers for different purposes, including but not limited to—
(a) web indexing for search engine results pages,
(b) general-purpose AI model pre-training, and
(c) retrieval-augmented generation.
(4) The Secretary of State must by regulations make provision requiring operators of web crawlers and general-purpose AI models to ensure that the exclusion of a crawler by a copyright owner does not negatively impact the findability of the copyright owner’s content in a search engine.
(5) The Secretary of State must lay before Parliament a draft of the statutory instrument containing regulations under this section within six months of the day on which this Act is passed and the regulations are subject to the affirmative procedure.”
This new clause requires operators of web crawlers and AI models to disclose their identity, purpose, data-sharing practices, and use separate crawlers for different functions.
New clause 4—Transparency of copyrighted works scraped—
“(1) The Secretary of State must by regulations make provision requiring operators of web crawlers and general-purpose artificial intelligence (AI) models whose services have links with the United Kingdom within the meaning of section 4(5) of the Online Safety Act 2023 to disclose information regarding text and data used in the pre-training, training and fine-tuning of general purpose AI models, including but not limited to—
(a) the URLs accessed by crawlers deployed by them or by third parties on their behalf or from whom they have obtained text or data,
(b) the text and data used for the pre-training, training and fine-tuning, including the type and provenance of the text and data and the means by which it was obtained, and
(c) information that can be used to identify individual works, and (d) the timeframe of data collection.
(2) The disclosure of information under subsection (1) must be updated on a monthly basis in such form as the regulations may prescribe and be published in such manner as the regulations may prescribe so as to ensure that it is accessible to copyright owners upon request.
(3) The Secretary of State must lay before Parliament a draft of the statutory 35 instrument containing regulations under subsection (1) within six months of the day on which this Act is passed and the regulations are subject to the affirmative procedure.”
This new clause mandates transparency about the sources and types of data used in AI training, requiring monthly updates accessible to copyright owners.
New clause 5—Enforcement—
“(1) The Secretary of State must by regulations make provision requiring the Information Commission (under section 114 of the Data Protection Act 2018) (‘the Commissioner’) to monitor and secure compliance with the duties by an operator of a web crawler or general-purpose artificial intelligence (AI) model whose service has links with the United Kingdom within the meaning of section 4(5) of the Online Safety Act 2023 (‘a relevant operator’), including but not limited to the following—
(a) the regulations must provide for the Commissioner to have the power by written notice (an ‘information notice’) to require a relevant operator to provide the Commissioner with information that the Commissioner reasonably requires for the purposes of investigating a suspected failure to comply with the duties;
(b) the regulations must provide for the Commissioner to have the power by written notice (an ‘assessment notice’) to require and to permit the Commissioner to carry out an assessment of whether a relevant operator has complied or is complying with the duties and to require a relevant operator to do any of the acts set out in section 146(2) of the Data Protection Act 2018;
(c) the regulations must provide that where the Commissioner is satisfied 15 that a relevant operator has failed, or is failing to comply with the duties, the Commissioner may give the relevant operator a written notice (an ‘enforcement notice’) which requires it—
(i) to take steps specified in the notice, or
(ii) to refrain from taking steps specified in the notice;
(d) the regulations must provide that where the Commissioner is satisfied that a relevant operator has failed or is failing to comply with the duties or has failed to comply with an information notice, an assessment notice or an enforcement notice, the Commissioner may, by written notice (a ‘penalty notice’), require the person to pay to the Commissioner an amount in sterling specified in the notice, the maximum amount of the penalty that may be imposed by a penalty notice being the ‘higher maximum amount’ as defined in section 157 of the Data Protection Act 2018; and
(e) the regulations may provide for the procedure and rights of appeal 30 in relation to the giving of an information notice, an assessment notice, an enforcement notice or a penalty notice.
(2) The regulations must provide that any failure to comply with the duties by a relevant operator shall be directly actionable by any copyright owner who is adversely affected by such failure, and that such copyright owner will be entitled to recover damages for any loss suffered and to injunctive relief.
(3) The regulations must provide that the powers of the Commissioner and the rights of a copyright owner will apply in relation to a relevant operator providing a service from outside the United Kingdom (as well as such one provided from within the United Kingdom).
(4) The Secretary of State must lay before Parliament a draft of the statutory instrument containing the regulations under this section within six months of the day on which this Act is passed and the regulations are subject to the affirmative procedure.”
This new clause grants the Information Commissioner enforcement powers to ensure compliance with AI and web crawler transparency rules, including penalties for breaches.
New clause 6—Technical solutions—
“(1) The Secretary of State must conduct a review of the technical solutions that may be adopted by copyright owners and by the operators of web crawlers and general-purpose artificial intelligence (AI) models whose services have links with the United Kingdom within the meaning of section 4(5) of the Online Safety Act 2023 to prevent and to identify the unauthorised scraping or other unauthorised use of copyright owners’ text and data.
(2) Within 18 months of the day on which this Act is passed, the Secretary of State must report on such technical solutions and must issue guidance as to the technical solutions to be adopted and other recommendations for the protection of the interests of copyright owners.”
This new clause requires the Secretary of State to review and report on technical measures to prevent unauthorised data scraping by web crawlers and AI models.
New clause 7—Right to use non-digital verification services—
“(1) This section applies when an organisation—
(a) requires an individual to use a verification service; and
(b) uses a digital verification service for that purpose.
(2) Where it is reasonably practicable for an organisation to offer a non-digital method of verification, the organisation must—
(a) make a non-digital alternative method of verification available to any individual required to use a verification service; and
(b) provide information about digital and non-digital methods of verification to those individuals before verification is required.”
This new clause would create a duty upon organisations to support digital inclusion by offering non-digital verification services where practicable.
New clause 8—Data Vision and Strategy—
“Within six months of Royal Assent of this Act, the Secretary of State must publish a ‘Data Vision and Strategy’ which outlines—
(a) the Government’s data transformation priorities for the next five years; and
(b) steps the Government will take to ensure the digitisation of Government services.”
New clause 9—Departmental Board Appointments—
“(1) Within six months of the day on which this Act is passed—
(a) Government departments;
(b) NHS England; and
(c) NHS trusts
shall appoint to their departmental board or equivalent body at least one of the following—
(i) Chief Information Officer;
(ii) Chief Technology Officer;
(iii) Chief Digital Information Officer;
(iv) Service Transformation Leader; or
(v) equivalent postholder.
(2) The person or persons appointed as under subsection (1) shall provide an annual report on the progress of the department or body towards the Government’s Data Vision and Strategy.”
This new clause would require digital leaders to be represented at executive level within Government departments and other bodies.
New clause 10—Data use in Public Service Delivery Review—
“(1) The Secretary of State must, every 12 months, lay before Parliament a ‘Data use in Public Service Delivery Review’.
(2) The Data use in Public Service Delivery Review shall include, but is not limited to assessment of the steps being taken to—
(a) improve the Government’s use of data in public service delivery over the previous 12 months;
(b) expand the use of data to support increased and improved digital services in public service delivery;
(c) improve expertise and digital talent within Government departments to help expand the use of data for public service delivery; and
(d) facilitate and regulate for better use of data in the delivery of public services.”
This new clause would require an annual assessment by the Secretary of State to examine the steps being taken to facilitate and regulate the use of data in the delivery of public services using digital and online technologies.
New clause 11—Access to a deceased child’s social media data—
“(1) Where a person under 18 years of age has deceased, a parent or legal guardian (the ‘requestor’) may request from any internet service provider (ISP) the child’s user data from up to 12 months prior to the date of death.
(2) The ISP must provide a copy of the requested data, or direct account access, upon verification of the requestor’s identity and relationship to the deceased person, and no court order shall be required for such disclosure.
(3) ‘User data’ includes all content, communications, or metadata generated by or associated with the deceased person’s online activity, including stored messages and posts, except where the deceased person had explicitly directed otherwise prior to death.
(4) The ISP may refuse or redact specific data only where—
(a) disclosure would unduly infringe the privacy rights of another individual,
(b) the deceased person had explicitly opted out before death,
(c) there is a conflicting court order, or
(d) a serious risk to public safety or national security would result.
(5) In providing data under this section, the ISP must comply with data protection legislation.
(6) This section constitutes a lawful basis for disclosure under Article 6 of the UK GDPR.
(7) The Secretary of State may, by regulations subject to the affirmative resolution procedure—
(a) provide guidance on verifying parent or guardian status,
(b) clarify any additional grounds for refusal, and
(c) prescribe safeguards to protect third-party confidentiality.
(8) For the purposes of this section—
‘internet service provider (ISP)’ includes any provider of social media, messaging, or other online platforms; and
‘data protection legislation’ has the meaning given in section 51 of this Act.”
This new clause would allow parents of a deceased minor to obtain that child’s social media data without a court order, subject to privacy safeguards for third parties.
New clause 12—Raising the minimum age at which users can consent to processing of personal data—
“(1) The UK GDPR is amended in accordance with subsection (2) of this section.
(2) (2) After paragraph 1 of Article 8 of the UK GDPR (Conditions applicable to child’s consent in relation to information society services) insert—
‘(1A) References to “13 years old” and “age of 13 years” in paragraph 1 shall be read as “16 years old” and “age of 16 years” in the case of processing of personal data.
(1B) Paragraph (1A) does not apply to—
(a) platform systems and services operated where the primary purpose of processing of personal data is for the advancement of a charitable purpose as defined in the Charities Act 2011;
(b) publicly owned platform systems and services operated for the primary purpose of law enforcement, child protection, education, or healthcare;
(c) cases in which the Secretary of State determines it is in the best interests of the child for an operator to accept the child’s own consent.’”
This new clause would raise the age for processing personal data from 13 to 16 years old with certain exceptions for charitable purposes and child safety.
New clause 13—Code of practice for the use of children’s educational data—
“(1) Within 6 months of the passage of this Act, the Information Commissioner must prepare a code of practice which contains such guidance as the Information Commissioner considers appropriate on the processing of children’s data in connection with the provision of education.
(2) Guidance under subsection (1) must consider—
(a) all aspects of the provision of education including learning, school management, and safeguarding;
(b) all types of schools and learning settings in the development of guidance;
(c) the use of AI systems in the provision of education;
(d) the impact of profiling and automated decision-making on children’s access to education opportunities;
(e) children’s consent to the way their personal data is generated, collected, processed, stored and shared;
(f) parental consent to the way their children’s personal data is being generated, collected, processed, stored and shared;
(g) the security of children’s data;
(h) the exchange of information for safeguarding purposes.”
This new clause requires the Information Commissioner to produce a code of practice for accessing children’s educational data.
New clause 14—Transparency of business and customer data used in training Artificial Intelligence models—
“(1) The Secretary of State must by regulations make provision requiring operators of general-purpose AI models to disclose upon request information about business data and customer data processed for the purposes of pre-training, training, fine-tuning, and retrieval-augmented generation in an AI model, or any other data input to an AI model.
(2) Business data and customer data must include, but is not limited to, the whole or any substantial part of a literary, dramatic, musical or artistic work, sound recording, film or broadcast included in any text, images and data used for the purposes set out in subsection (1).
(3) Information disclosable under subsection (1) must include but is not limited to:
(i) Digital Object Identifiers and file names;
(ii) Details of how the work was identified, including metadata;
(iii) The source from which it was scraped or otherwise obtained; and
(iv) The URLs accessed by crawlers deployed by operators, or by third parties, to obtain the data.
(4) The owner of rights in any individual work identifiable in information disclosed under subsection (1) must be provided upon request to the relevant operator with information as to whether and how they have complied with the laws of the United Kingdom in respect to that work.
(5) The Secretary of State must lay before Parliament a draft of the statutory instrument containing regulations under subsection (1) within six months of the day on which this Act is passed and the regulations are subject to the affirmative procedure.”
This new clause would require the Secretary of State to set out transparency provisions requiring generative AI developers to provide information to enable individuals and creative businesses to determine whether their data, works and other subject matter have been used in training datasets.
New clause 15—Complaints procedure for vulnerable individuals—
“(1) The Data Protection Act 2018 is amended in accordance with subsections (2) to (4).
(2) After section 165(3) insert—
‘(3A) For complaints under subsection (2), the Information Commissioner must provide appropriate complaints-handling procedures for—
(a) victims of modern slavery,
(b) victims of domestic abuse,
(c) victims of gender-based violence, or
(d) data subjects otherwise in a position of vulnerability.
(3B) Procedures under subsection (3A) must include—
(a) appropriate support for vulnerable individuals;
(b) provision of specialised officers for sensitive cases;
(c) signposting to support services;
(d) provision of a helpline;
(e) de-escalation protocols.’
(3) After section 166(1)(c) insert—
‘(d) fails to investigate a complaint appropriately or take adequate action to remedy findings of inadequacy.’
(4) After section 166(2)(b), insert—
‘(c) to use formal powers as appropriate to investigate a complaint and to remedy any findings of inadequacy, unless the request from the data subject is manifestly unfounded or excessive.’”
This new clause would require the Information Commission to introduce a statutory complaints procedure for individuals in a position of vulnerability and new grounds of appeal to an Information Tribunal.
New clause 18—Report on the introduction of a public interest test for allowing access to NHS data by third-parties and companies—
“(1) The Secretary of State must within six months of the passing of this Act—
(a) prepare and publish a report examining the need for a specific statutory public interest test to determine and safeguard access to NHS data by third-parties and companies.
(b) within 28 days of a report being laid under subsection (1) the Government must schedule a debate and votable motion on the findings of the report in each House.
(2) The report must consider—
(a) whether and in what situations it would be necessary, proportionate and lawful to share NHS data with third-parties and companies when the interests and risks to both the individual and/or public is considered.
(b) when it would be in the public interest and in the best interests of patients and the NHS to allow access by third-parties and companies to NHS data in relation to the provision of health care services and for promotion of health.”
This new clause would require the Secretary of State to produce a report on the introduction of a public interest test for allowing access to NHS data by third-parties and companies and then to schedule a debate on it in each House.
New clause 19—Secretary of State’s duty to review the age of consent for data processing under the UK GDPR—
“(1) The Secretary of State must, within 12 months of Royal Assent of this Act, have conducted a review and published a report into the operation of Article 8 (Conditions applicable to child's consent in relation to information society services) of the UK GDPR in relation to the data processed by social media platforms of children under the age of 16.
(2) As part of this review, the Secretary of State must consider—
(a) the desirability of increasing the digital age of consent under the UK GDPR from 13 to 16, taking into account the available evidence in relation to the impact of social media platforms on the educational, social and emotional development of children; and
(b) the viability of increasing the digital age of consent under Article 8 of the UK GDPR in relation to specific social media platforms which are shown by the evidence to be unsuitable for use by children under the age of 16.
(3) Within six months of the publication of the report under subsection (1), the Secretary of State must lay a plan before Parliament for raising the digital age of consent to 16 through amendments to Article 8 GDPR, unless the review concludes that such changes are unnecessary.”
New clause 20—Duties of the Secretary of State in relation to the use by web-crawlers and artificial intelligence models of creative content—
“The Secretary of State must—
(a) by 16 September 2025, issue a statement, by way of a copyright notice issued by the Intellectual Property Office or otherwise, in relation to the application of the Copyright, Designs and Patents Act 1988 to activities conducted by web-crawlers or artificial intelligence models which may infringe the copyright attaching to creative works;
(b) by 16 September 2025, lay before Parliament a report which includes a plan to help ensure proportionate and effective measures for transparency in the use of copyright materials in training, refining, tuning and generative activities in AI;
(c) by 16 September 2025, lay before Parliament a report which includes a plan to reduce barriers to market entry for start-ups and smaller AI enterprises on use of and access to data;
(d) by 1 July 2026, publish a technological standard for a machine-readable digital watermark for the purposes of identifying licensed content and relevant information associated with the licence.”
New clause 21—Directions to public authorities on recording of sex data—
“(1) The Secretary of State must, within three months of the passage of this Act, issue regulations relating to the code of practice set out in section 49 of this Act which require public authorities to—
(a) collect, process and retain sex data only where it is lawful to do so in accordance with data protection legislation;
(b) request and record sex data accurately, in every circumstance where sex data is collected, in accordance with following category terms and definitions—
(i) ‘Sex’ meaning male or female only based on ‘sex at birth’, ‘natal sex’ or ‘biological sex’ (these terms carrying the same meaning and capable of being used interchangeably); and,
(ii) in addition, where it is lawful to do so in accordance with data protection legislation and the Gender Recognition Act 2004, ‘Acquired Gender’ meaning male or female only, as recorded on a gender recognition certificate issued in accordance with the Gender Recognition Act 2004;
(c) have updated relevant organisation guidance to stipulate that, where sex data is collected, this must be done in accordance with the definitions set out by subsection (1)(b) within three months of these regulations coming into force;
(d) have conducted a review of the accuracy of data held in relation to the sex of data subjects to ensure that the data is accurate in recording sex at birth and, where relevant and collected lawfully, acquired gender as recorded on a gender recognition certificate within 12 months of these regulations coming into force;
(e) have taken every reasonable step to ensure that any data held in relation to the sex and, where relevant and collected lawfully, acquired gender as recorded on a gender recognition certificate of a data subject that is found to be inaccurate is rectified or erased within 18 months of these regulations coming into force; and
(f) have produced and submitted to the Secretary of State a report setting out the findings of its review in relation to the matters set out by subsection (1)(d) and, where relevant, a description of the steps taken to ensure that the data held by the relevant public authority is accurate within the definitions set out subsection (1)(b) with 18 months of these regulations coming into force.
(2) The Secretary of State may, on receipt of a report in accordance with subsection (1)(f) instruct a public authority to take any further remedial steps within a specified timeframe reasonably necessary to ensure the accuracy of the sex and acquired gender data held by the relevant public authority.
(3) The Secretary of State must, within one month of the passage of this Act, establish and maintain a register of public authorities approved to act as sources of data relating to the attribute of sex for persons providing digital verification services.
(4) The register in subsection (3) must be published on the website of the Office for Digital Identities & Attributes or any successor body.
(5) Until such time as a public authority is added to the register under subsection (3), persons providing digital verification services may only obtain data on the sex of an individual requesting the provision of digital verification services from the record of births held by the General Register Office in accordance with subsection (6).
(6) Information supplied by the General Register Office pursuant to subsection (5) must specify sex as recorded at birth, as well as any subsequent corrections to the register in the field marked ‘Sex’.
(7) The Secretary of State may, from time to time, add public authorities to the register as under subsection (3) only upon being satisfied on the basis of a report issued under subsection (1)(f), or satisfaction of such further steps required by the Secretary of State under subsection (2) that the data held by the relevant public authority in relation to sex and, where relevant, acquired gender as recorded on a gender recognition certificate, as defined in subsection (1)(b), is accurate.”
This new clause requires the Secretary of State to issue regulations relating to the code of practice in section 49 requiring public authorities to record sex data in line with these regulations when data are collected. This clause is linked to amendments 39 and 40.
New clause 22—Recording of ethnicity data for the purposes of public service delivery—
“(1) The Secretary of State must make regulations which make provision for the collection of individual ethnicity data in the process of public service delivery and associated data collection.
(2) The regulations set out by subsection (1) must make provision for ethnic classifications to include Jewish and Sikh categories.
(3) The Secretary of State must lay before both Houses of Parliament a draft of the statutory instrument containing regulations under this section within six months of the day on which this Act is passed which will be subject to the affirmative procedure.”
This new clause requires the Secretary of State to make statutory provision for individual ethnicity data to be collected in the process of public service delivery.
New clause 23—Recording of ethnicity data on the Register of Births and Deaths—
“(1) The Secretary of State must make regulations which make provision for the collection of individual ethnicity data during birth and death registration.
(2) The regulations set out by subsection (1) must make provision for ethnic classifications to include Jewish and Sikh categories.
(3) The Secretary of State must lay before both Houses of Parliament a draft of the statutory instrument containing regulations under this section within six months of the day on which this Act is passed which will be subject to the affirmative procedure.”
This new clause requires the Secretary of State to make statutory provision for individual ethnicity data to be able to be collected during birth and death registration.
Government amendments 11 to 32.
Amendment 39, in clause 45, page 42, line 30, at the beginning insert—
“Save in respect of data relating to sex,”.
This amendment is consequential on NC21.
Amendment 40, page 43, line 15, at end insert—
“”gender recognition certificate” means a gender recognition certificate issued in accordance with the Gender Recognition Act 2004.”
This amendment is consequential on NC21.
Government amendments 1 to 8.
Amendment 37, in clause 67, page 75, line 24, at end insert—
“(2A) For the purposes of paragraph 2, ‘scientific research’ means creative and systematic work undertaken in order to increase the stock of knowledge, including knowledge of humankind, culture and society, and to devise new applications of available knowledge.
(2B) To meet the reasonableness test in paragraph 2, the activity being described as scientific research must be conducted according to appropriate ethical, legal and professional frameworks, obligations and standards.”
This amendment incorporates clarifications to help reduce potential misuse of the scientific research exception. The first is a definition of scientific research based on the Frascati Manual. The second is a requirement that research be conducted in line with frameworks and standards in the UKRI Code of Practice for Research.
Amendment 41, in clause 80, page 95, line 19, at end insert—
“3. For the purposes of paragraph 1(a), a human’s involvement is only meaningful if they are a natural person with the necessary competence, authority and capacity to understand, challenge and alter the decision.”
See explanatory statement for Amendment 44.
Amendment 45, page 96, line 2, at end insert—
“5. Consent in accordance with paragraph 2 cannot be given by persons under the age of 18 where—
(a) the automated decision-making is likely to produce legal or similarly significant effects on the child, or
(b) the processing involves the profiling of a child to determine access to essential services, education, or other significant opportunities.
6. The controller shall not be obliged to maintain, acquire or process additional information in order to identify the age of a data subject for the sole purpose of complying with this Regulation.
7. A significant decision may not be taken based solely on automated processing, if the data subject is a child or may be a child unless the provider is satisfied that the decision is in, and compatible with, the best interests of a child, taking into account their rights and development stage, authorised by law to which the controller is subject, and after suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests are made publicly available.
8. Profiling or solely automated processing of children’s data may not occur for the purposes of targeted advertising or behavioural analysis.”
This amendment ensures that automated decision-making cannot take place in circumstances where it would affect a child’s access to significant opportunities or would not be in their best interests, as well as protections against practices such as behavioural analysis.
Amendment 46, page 96, leave out lines 13 to 19 and insert—
“(a) communicate to the data subject before and after the decision is taken the fact that automated decision-making is involved in the decision, the extent of any human involvement, and the availability of safeguards under this Article;
(b) provide the data subject with information about decisions described in paragraph 1 taken in relation to the data subject including meaningful information about the logic involved, the significance and the envisaged consequences of such processing for the data subject, and a personalised explanation for the decision;
(c) enable the data subject to make representations about such decisions;
(d) enable the data subject to obtain human intervention on the part of the controller in relation to such decisions;
(e) enable the data subject to contest such decisions.
3. For the purposes of paragraph 2(b), a personalised explanation must—
(a) be clear, concise and in plain language of the data subject’s choice in a readily available format;
(b) be understandable, and assume limited technical knowledge of algorithmic systems;
(c) address the reasons for the decision and how the decision affects the individual personally, which must include—
(i) the inputs, including any personal data;
(ii) parameters that were likely to have influenced or were decisive to decision or a counterfactual of what change would have resulted in a more favourable outcome;
(iii) the sources of parameters and inputs;
(d) be available free of charge and conveniently accessible to the data subject, free of deceptive design patterns.
4. Where the safeguards apply after a decision is made, the controller must give effect to data subject requests as soon as reasonably practicable and within one month of the request.
5. The controller must ensure the safeguards are fully in place and complete a data protection impact assessment under Article 35 before a decision under Article 22A is taken, documenting their implementation of the safeguards in addition to the requirements of that Article.
6. The controller must publish details of their implementation of the safeguards and how data subjects can make use of them.”
This amendment would ensure that data subjects are informed of automated decisions made about them in a timely way, and that that explanation is personalised to enable them to understand why it was made. It also ensures processors are incentivised to put the safeguards in place before commencing automated decision-making.
Amendment 42, page 96, line 23, after “Article 22A(1)(a),” insert
“and subject to Article 22A(3)”.
See explanatory statement for Amendment 44.
Amendment 43, page 97, line 19, at end insert—
“(3) To qualify as meaningful human involvement, the review must be performed by a person with the necessary competence, training, authority to alter the decision and analytical understanding of the data.”
See explanatory statement for Amendment 44.
Amendment 44, page 98, line 31, after “and 50C(3)(c),” insert “and subject to 50A(3)”.
This amendment and Amendments 41, 42 and 43 would make clear that in the context of new Article 22A of the UK GDPR, for human involvement to be considered as meaningful, the review must be carried out by a competent person who is empowered to change the decision in practice.
Amendment 9, in clause 81, page 100, line 7, at end insert—
“Age assurance
1C. Information society services which are likely to be accessed by children must use highly effective age verification or age estimation measures for the purpose of delivering on children’s higher protection matters.”
This amendment requires services which are likely to be accessed by children to use highly effective age verification measures.
Amendment 38, in clause 86, page 103, line 22, at end insert—
“(2A) Where personal data is processed for the purposes of scientific research under section 87(4) of the 2018 Act (‘reuse’), the processor or controller must publish details of the data sources used.
(2B) These details must as a minimum include a description of the scientific research, the provenance and method of acquisition of the personal data being reused, the original lawful basis for processing, the number of data subjects affected, and whether the data subjects have been notified of the reuse.
(2C) The processor or controller must notify the Information Commission when processing data for the purposes of scientific research under section 87(4) of the 2018 Act with the same details.”
This amendment ensures transparency for the use of scientific research exemptions by requiring those reusing personal data to publish details of that reuse and notify the Information Commission of that reuse.
Government amendments 33 and 34.
Amendment 10, in schedule 7, page 201, line 5, at end insert—
“(1B) A third country cannot be considered adequate or capable of providing appropriate safeguards by any authority where there exists no credible means to enforce data subject rights or obtain legal remedy.
(1C) For the purposes of paragraph 1A, the Secretary of State must make a determination as to whether credible means are present in a third country.
(1D) In making a determination regarding credible means, the Secretary of State must have due regard to the view of the Information Commissioner.
(1E) Credible means do not exist where the Secretary of State considers that any of the following are true:
(a) judicial protection of persons whose personal data is transferred to that third country is insufficient;
(b) effective administrative and judicial redress are not present;
(c) effective judicial review mechanisms do not exist; and
(d) there is no statutory right to effective legal remedy for data subjects.”
The amendment would prohibit personal data transfer to countries where data subject rights cannot be adequately upheld and prohibit private entities from using contracts to give the impression that data security exists.
Government amendments 35 and 36.
Earlier I appeared as a Department for Culture, Media and Sport Minister, and now I appear as a Department for Science, Innovation and Technology Minister. I hate to embarrass Members, but they will get two bouts of me today. I will start with the Government amendments, and then once I have heard the arguments from Members advancing other amendments, I will speak to those later in the debate. If I do not cover subjects in this initial speech, I will get back to them later.
The right hon. Gentleman is enticing me. I hope he will be nicer to me than the Chair of the Culture, Media and Sport Committee, the hon. Member for Gosport (Dame Caroline Dinenage) was earlier.
I am sure that the Chair of the Committee and I will always be nice to Minister. I was only going to say that I have experienced the slight schizophrenia he has referred to in holding roles in the Department for Science, Innovation and Technology and in DCMS at the same time. Although he is appearing as a DSIT Minister this afternoon, can he assure the House that he will not forget his responsibilities as a DCMS Minister for the creative industries?
I model myself in all things on the right hon. Gentleman, apart from the fact that I left the Tory party many years ago, and it is about time that he came over to the Labour Benches.
It is not too late.
No, the right hon. Member for Maldon (Sir John Whittingdale) could come over here; I am not going back over there.
The point I was going to make is that I am fully cognisant of my duties. I think the right hon. Gentleman was referring to the artificial intelligence copyright issues that we will be addressing fairly shortly. I like the fact that I am in both Departments, because it means I can bring the knowledge of both sectors to bear on each other. If we are lucky, and if we work hard at it, I hope that I will be able to persuade him that we can come to a win-win solution. As he knows, this is not easy. When I had my first meeting with him after I was appointed in the post, he said, “This is not an easy area to resolve.” I hope I am not breaking a confidence—but he is smiling.
I have a large number of topics to cover, and I am conscious that many Members will think this is the data Bill, when we will actually be dealing with an awful lot of subjects this afternoon that do not feel as if they have anything to do with the measures in the original version brought forward by the right hon. Gentleman and previously. I hope that Members will bear with me. I intend to address the Government’s amendments as follows: first, AI and copyright; secondly, deepfakes; thirdly, the national underground assets register; and then smart data and other minor and technical amendments.
I will start with AI and intellectual property. As Members know, it was never the Government’s intention to legislate on that issue at all in this Bill. It is a complex and important issue, which is why we have consulted on a package of measures. That consultation had more than 11,500 responses, which we are still considering. Several hon. Members have said to me, “Will you remove the opt-out clause in the Bill?” I need to make it absolutely clear that no such opt-out clause is in the Bill. We never laid one in the Bill, so there is not an opt-out clause to remove.
As Members will also know, the Lords inserted a set of amendments on AI and copyright, which we removed in Committee. They reappear on the amendment paper today as new clauses 2 to 6, tabled by the hon. Member for Harpenden and Berkhamsted (Victoria Collins). A similar measure has been tabled as new clause 14 by my hon. Friend the Member for Leeds Central and Headingley (Alex Sobel).
We oppose all these new clauses for several reasons. First, they pre-empt the results of the consultation. It must surely be better to legislate on this complex subject in the round rather than piecemeal. The amendments are also unworkable. New clause 5, for instance, would make the Information Commissioner the regulator of transparency requirements, but the Information Commissioner’s Office has neither the skills nor the resources to perform that function. Obviously, transparency requirements without an effective enforcement mechanism are worse than useless, which means the other clauses on transparency are also unworkable in this context. The new clauses also fail to address some of the most important questions in this area. They effectively legislate piecemeal rather than in the round. Whenever Parliament has done that in the past, it has rued the day, and I think the same is true today.
Does the Minister not understand the urgency? Generative AI is ingesting our whole creative catalogue as we speak. We need something in place now. We cannot wait a year for reports or three years for legislation; we need action now. Does he not understand that something needs to be brought forward here today? These amendments offer that.
I do not think the amendments do offer that, because I do not think they work. We need to legislate in the round, as I say, and not piecemeal. I point out to the hon. Member that there is something of a two-edged sword here. I have been repeatedly told—and I understand the point—that there is no legal uncertainty as to the copyright status of works that are being scraped. At the same time, people are saying they want legislative change. Those two things cannot be true at the same time. I am determined to get us to a better place on this, as I will perhaps explain in a couple of moments.
I think there is an intention to push new clause 2 to a vote later, which I urge hon. Members not to do, although I do not always get my way. New clause 2 basically says that people should comply with the law. I mean, it is a simple fact: people should comply with the law. We cannot legislate to tell people that they should comply with the law; the law is the law. If none of these amendments is passed today, the law will remain as it is today and copyright law in the UK will be robust and clear.
For the absolute avoidance of doubt, some people have talked to me about text and data mining exceptions, which, as Members will know, exist, for instance, in the European Union. There is a text and data mining exception already in UK law. It was introduced in 2014 via a statutory instrument, which added section 29A to the Copyright, Designs and Patents Act 1988. However, it is an exception for the sole purpose of non-commercial research. I think that that is absolutely clear in law, and I do not think it needs any clarifying.
I understand the point that the Minister is making about existing copyright law, but, as he has said, the Government opened a consultation that has, for many of our constituents who work in the creative industries, prefigured a substantial change in copyright when it comes to AI. Does he see the merit that many of us see in making it clear that the principles behind copyright from which our creative constituents should be able to benefit, and which should protect their own works, are what is at stake here? Having said that the existing law stands, will he at least make a commitment that that is what the Government want as well? I think he can understand why people are concerned, and the source of the concerns that have merited these amendments.
I completely understand and, in large measure, share those concerns. We wanted to ensure, in this fast-changing world, that the creative industries in the United Kingdom could be remunerated for the work they had produced. We are not in the business of giving away other people’s work to third parties for nothing: that would be to sell our birthright for a mess of pottage, to use a term from an old translation of the Bible, and we are determined not to do it. As my hon. Friend—and several other Members—will have heard me say many times before, we would only proceed with the package of measures included in the consultation if we believed that we were advancing the cause of the creative industries in the UK, rather than putting them in danger or legal peril.
I think that some of the things I will say in a moment will be of assistance. We want to reach a point at which it is easier for the creative industries—whether they are large businesses with deep pockets and able to use lawyers, or very small individual photographers or painters—to assert and protect their rights, and to say, if they wish, “No, you cannot scrape my material for the purpose of large language model learning, unless you remunerate me.” That remuneration might happen via a collective licensing scheme, or it might happen individually. Either way, we want to get to more licensing rather than less. As, again, I have said several times at this Dispatch Box, we have looked at what has happened in the European Union and what is happening in the United States of America, and we believe that although the EU said that its package was designed to deliver more licensing, it has not led to more licensing or to more remuneration of the creative industries, and we want to avoid that pitfall.
As I have said, I take the concerns of the creative industries seriously, both as a DSIT Minister and as a DCMS Minister; of course I do. I agree—we, the Government, agree—that transparency is key. We want to see more licensing of content. We believe that the UK is a creative content superpower, and we want UK AI companies to flourish on the basis of high-quality data. I have spoken to a fair number of publishing companies, in particular UK companies such as Taylor & Francis, a largely academic publisher. As Members will know, the UK is the largest exporter of books in the world. Those companies are deliberately trying to get all their material licensed to AI companies, for two reasons: first, they want to be remunerated for the work that they have provided, and secondly, just as importantly, they want AI to come up with good answers. If you put dirty water into a pipe, dirty water will come out at the other end, and if you put good data into AI, good answers will come out of AI. That is an important part of why we want to ensure that we have strong AI based on high-quality data, and much of that is premium content from our creative industries.
We also agree that the Government must keep an open mind, and must take full account of the economic evidence. That is why we have tabled new clauses 16 and 17, which set out binding commitments to assess the impact of any and all proposals and to consider and report on the key areas raised in debate. That includes any and all of the options that were involved in the consultation that we published after the amendments were tabled in the House of Lords. As the Government take forward the commitments made by these amendments, they will consider all potential policy options. I must emphasise that the Government have not prejudged the outcome of the consultation, and take the need to consider and reflect on the best approach for all parties very seriously.
Members will, I am sure, have read new clause 17; it requires the Government to report on four matters. First, there is the issue of technical solutions that would enable copyright owners to control whether their copyright works could be used to develop AI.
Will the Minister give way?
Will the hon. Lady just let me finish this paragraph, because it might read better in Hansard? Actually, I have now added that bit, so it is ruined, and I might as well give way to her.
The question of technical solutions is very important, but my challenge is this. I have spoken to representatives of some of the big tech companies who are pushing for that, and who are saying that it is hard for them to do it at scale but creatives can do it. Why can the tech companies not be leading on an opt-in system for creatives? Let me hand that back to the Minister.
I should point out that the hon. Lady, as the spokesperson for the Liberal Democrat party, will be speaking very shortly.
I know, but she is wonderful, so we will let her—or you will let her, Madam Deputy Speaker.
This is a really important point. Surely it cannot be impossible for us to find a technical solution. People who can develop AI—and they are now developing AI on their laptops, especially following DeepSeek; they do not need massive computers—should be able to develop a very simple system, as I have said before, whereby all creatives who are copyright owners are able to assert their rights, very simply, across all platforms, without any great exertion. That is what I want to achieve.
The hon. Lady was quite right to raise that question, so what are we going to do next? We say in new clause 17 that we will report in 12 months’ time. If we were to report in 12 months’ time that we had done absolutely nothing, I think that everyone would rightly rant and rave at us. It is our intention that the Secretary of State for Science, Innovation and Technology and the Secretary of State for Culture, Media and Sport will together co-ordinate a special taskforce specifically to consider how we can facilitate, incentivise and enable the development of these technical solutions. I suspect that, if we can get there, opt-out will look remarkably like opt-in.
The second matter on which new clause 17 requires us to report is access to data for AI developers to train AI systems in the UK, the third is transparency, and the fourth relates to measures to facilitate the licensing of copyright works for AI training. The publication will be required within 12 months of Royal Assent, and will of course be laid before Parliament. New clause 16 supplements these reports with a full economic impact assessment that will go further than previous assessments, and will present an analysis of the economic impact of a range of policy options available in this context, supported by the additional evidence that the Government have received in response to their consultation. The reporting requirements are important: they mean that we will have to engage with each of these issues apace and in depth, and we will do that. We are determined to find and incentivise technical solutions that support our objectives, and I believe that if we do that we can be a world leader. As I said earlier, the two Secretaries of State will convene working groups to tackle each of these issues.
I have heard people say that we are legislating to water down copyright, but that is simply not true. If Members support the Government’s position today, the UK’s copyright law will remain precisely as robust tomorrow as it is today. For activities in the UK, people will, in law, only be able to use copyright material if they are permitted and licensed to do so or if a copyright exception allows it, such as the existing copyright exceptions for education, public libraries and non-commercial work.
It was a pleasure to serve on the Bill Committee. May I take up the point about timelines in the new clause? The Minister has said that the reports must be made before the end of a period of 12 months, but, as other Members have said, there is a great deal of concern about what may happen. Does he expect this to take a year, or might it possible to work faster so that more reassurance can be given? I accept that there will need to be further consultation, and examination of the responses.
Obviously, a series of different things will happen. We will have to respond to the consultation at some point, and I guess that the Culture, Media and Sport Committee will want to respond as well. In the meantime, we will be running a working group. I am very happy to keep the House updated on how that work progresses, but I do not want to commit to producing something within 12 months without being absolutely certain that I can do so. If new clause 17 is carried today, it will be a requirement by law that we produce a response within 12 months.
I fully get the point about urgency. As the right hon. Member for Maldon knows well, this issue has been hanging around for a considerable period of time. We in the UK have perhaps been a little slow, but I want to make sure that we get it right, rather than legislate piecemeal.
I apologise if I have missed this, but has the Minister outlined when the Government will respond to the consultation?
No, I have not—my hon. Friend has not missed anything. Obviously, we want to respond as soon as possible, but we have 11,500 consultation responses to consider.
Some issues have hardly been referred to in the public debate on this matter. One issue that Equity is understandably pursuing, and that we referred to in the consultation, is about personality rights, which exist in some states in the United States of America. That is quite complicated to legislate for, which is one of the reasons we have consulted on it.
We have also consulted on the question—again, nobody has referred to this in the public debate—of whether a work that is generated by AI has any copyright attached to it. If so, who owns that copyright? It is slightly moot in British law. One could argue that British copyright law has always presumed that copyright applies only where a work is the expression of an individual, so it does not apply to AI-generated material, but there are other elements. Section 9(3) of the Copyright, Designs and Patent Act 1988 says that machine-generated material can have copyright attached to it, which is one of the other issues that we want to address.
As I said earlier, one of the issues to which nobody has yet come up with an answer is how we will provide proper enforcement of whatever transparency requirements we propose. I am conscious that in discussions I have had with our European counterparts, including my Spanish counterpart and members of the European Commission, there has been some concern about precisely what they will do by virtue of transparency. This issue is made more complicated by the advent of DeepSeek—for a whole series of different reasons, which I am happy to explain at some other point—but we need to end up with a transparency system that is both effective and proportionate. Simply dumping a list of millions and millions of URLs that have been visited on the internet is neither effective nor proportionate, so we will have to come up with something.
Does the Minister envisage that any model of enforcement around transparency will be compulsory and not a voluntary system?
By its nature, enforcement would have to be compulsory, but we are running ahead of ourselves, because nobody has actually come up with a system that has an enforcement mechanism. Who would do it? What body would do it? How would that body be resourced? That is one of the things that we need to look into, and it is one of the elements of the consultation.
I will move on to another subject: the issue of purported intimate images. Government amendment 34 deals with the creation of intimate images or deepfakes. Earlier in the Bill’s passage, my colleague Lord Ponsonby added a new offence of creating purported intimate images without consent or reasonable belief in consent, and I am sure all hon. Members agree that this is a really important addition. In Committee, we introduced the offence of requesting the creation of purported images without consent or reasonable belief in consent, as hon. Members who were on the Public Bill Committee with me will know. It seems axiomatic that the courts should have the power to deprive offenders of the image and anything containing it that relates or is connected to the offence. This is already the case for the creating offence, which was introduced in the House of Lords. Government amendment 34 amends the sentencing code to achieve that for the requesting offence. It ensures that the existing regime of court powers to deprive offenders of property also applies to images and devices containing the image that relate to the requesting offence.
We have tabled a series of amendments to clauses 56 to 59 to reflect our discussions with the devolved Governments on the national underground asset register. The amendments will require that the Secretary of State to obtain the consent of Welsh Ministers and the Department for Infrastructure in Northern Ireland, rather than merely consult them, before making regulations in relation to the provisions. Co-operation with the devolved Governments has been consistent and constructive throughout the Bill’s passage. We have secured legislative consent from Scotland, and the Senedd in Wales voted in favour of granting the Bill legislative consent only yesterday. We regret that for procedural reasons, the process with Northern Ireland has not yet reached the stage of legislative consent. We are, however, working constructively with the Department of Finance to ensure that we can make progress as quickly as possible. We continue to work closely with the Northern Ireland Executive to secure legislative consent, and to ensure that citizens and businesses of Northern Ireland feel the full benefits of the Bill.
Before I finish, I turn to our amendments to help ensure that smart data schemes can function optimally, and that part 1 of the Bill is as clear as possible. Amendments to fee charging under clauses 11 and 15 follow extensive stakeholder engagement, and will maximise the commercial viability of smart data systems by enabling regulations to make tailored provision on fee charging within each smart data scheme. For example, amendments 19 to 21 enable the fees charged to exceed expenses where appropriate. This is necessary to fulfil the commitment in the national payments vision to establish a long-term regulatory framework for open banking. Outside smart data, Government amendment 35
“adds references to investigating crime to existing references in the Data Protection Act 2018 to detecting or preventing crime”,
which will bring these references into line with other parts of the legislation.
It is a privilege to respond to this debate on behalf of His Majesty’s official Opposition, and to speak to the new clauses and amendments. This is an ambitious piece of legislation, which will enable us to harness data—the currency of our digital age—and use it in a way that drives the economy and enhances the delivery of public services. Since its original inception under the Conservatives in the last Parliament, the Bill has also become the platform for tackling some of the most pressing social and technological issues of our time. Many of these are reflected in the amendments to the Bill, which are the subject of debate today.
I start with new clause 20. How do we regulate the interaction of AI models with creative works? I pay tribute to the work of many Members on both sides of this House, and Members of the other place, who have passionately raised creatives’ concerns and the risks posed to their livelihoods by AI models. Conservative Members are clear that this is not a zero-sum game. Our fantastic creative and tech industries have the potential to turbocharge economic growth, and the last Government rightly supported them. The creative and technology sectors need and deserve certainty, which provides the foundation for investment and growth. New clause 20 would achieve certainty by requiring the Government to publish a series of plans on the transparency of AI models’ use of copyrighted works, removing market barriers for smaller AI market entrants and digital watermarking and, most important of all, a clear restatement of the application of copyright law to AI-modelling activities.
I cannot help but have a sense of déjà vu in relation to Government new clause 17: we are glad that the Government have acted on several of the actions we called for in Committee, but once again they have chosen PR over effective policy. Amid all the spin, the Government have in effect announced a plan to respond to their own consultation—how innovative!
What is starkly missing from the Government new clauses is a commitment to make it clear that copyright law applies to the use of creative content by AI models, which is the primary concern raised with me by industry representatives. The Government have created uncertainty about the application of copyright law to AI modelling through their ham-fisted consultation. So I offer the Minister another opportunity: will he formally confirm the application of copyright law to protect the use of creative works by AI, and will he provide legal certainty and send a strong signal to our creative industries that they will not be asked to pay the price for AI growth?
I thank the Minister for making that statement at the Dispatch Box. As he knows, we need to have that formally, in writing, as a statement from the Government to make it absolutely clear, given that the consultation has muddied the waters.
I am sorry, but I said that in my speech, and I have said it several times in several debates previously.
I would therefore be grateful if the Minister said why there remains uncertainty among creatives about the application of copyright in this area. Is that not why we need to move this forward?
I now turn to Government amendment 34 and others. I congratulate my noble Friend Baroness Owen on the tremendous work she has done in ensuring that clauses criminalising the creation of and request for sexually explicit deepfake images have made it into the Bill. I also thank the Government for the constructive approach they are now taking in this area.
I should have said earlier that, as the shadow Minister knows, in Committee we changed the clause on “soliciting” to one on “requesting” such an image, because in certain circumstances soliciting may require the exchange of money. That is why we now have the requesting offence.
I thank the Minister for his clarification and reiteration of that point, and again for his work with colleagues to take forward the issue, on which I think we are in unison across the House.
New clause 21 is on directions to public authorities on recording of sex data. One does not need to be a doctor to know that data accuracy is critical, particularly when it comes to health, research or the provision of tailored services based on protected characteristics such as sex or age. The accuracy of data must be at the heart of this Bill, and nowhere has this been more high-profile or important than in the debate over the collection and use of sex and gender data. I thank the charity Sex Matters and the noble Lords Arbuthnot and Lucas for the work they have done to highlight the need for accurate data and its relevance for the digital verification system proposed in the Bill.
I have been very clear on this, and it is important in such a complex area to look at the detail and nuance of the challenges around—(Interruption.) Well, it is very easy to create a new clause where we click our fingers and say, “Let’s make this more illegal; let’s bring in x, y or z restriction.” As a responsible Opposition, we are looking at the detail and complexities around implementing something like this. [Interruption.] I have been asked a few questions and the hon. Member for Cheltenham (Max Wilkinson) might want to listen to the rationale of our approach.
One question is how to define social media. Direct messaging services such as WhatsApp and platforms such as YouTube fall in the scope of social media. There are obviously social media platforms that I think all of us are particularly concerned about, including Snapchat and TikTok, but by changing the age of digital consent we do not want to end up capturing lower-risk social media platforms that we recognise are clearly necessary or beneficial, such as education technology or health technology platforms. And that is before we start looking at whether age verification can work, particularly in the 13-to-16 age group.
Sorry, I am getting a bit lost. Does the Minister think, and does the Conservative party think, that the digital age of consent should rise from 13 to 16 or not?
I rise to support new clauses 2 to 5 in the name of the hon. Member for Harpenden and Berkhamsted (Victoria Collins); to pay tribute to Baroness Kidron, who has driven forward these amendments in the other place; and to speak in favour of new clause 20 in the name of the official Opposition.
I am beginning to sound a bit like a broken record on this matter, but our creative industries are such a phenomenal UK success story. They are our economic superpower and are worth more than automotive, aerospace and life sciences added together, comprising almost 10% of UK registered businesses and creating nearly 2.5 million jobs. More than that, our creative industries have so much intrinsic value; they underpin our culture and our sense of community. Intellectual property showcases our nation around the world and supports our tourism sector. As a form of soft power, there is simply nothing like it—yet these social and economic benefits are all being put at risk by the suggested wholesale transfer of copyright to AI companies.
The choice presented to us always seems, wittingly or unwittingly, to pit our innovative AI sector against our world-class creative industries and, indeed, our media sector. It is worth noting that news media is often overlooked in these debates, but newspapers, magazines and news websites license print and content online. In turn, that helps to support high-quality and independent journalism, which is so vital to underpinning our democratic life. That is essential considering recent news that the global average press freedom score has fallen to an all-time low.
I want to push back against the false choice that we always seem to be presented with that, somehow, our creative industries are Luddites and are not in favour of AI. I have seen time and again how our creators have been characterised by big tech and its lobbyists as somehow resistant to technological progress, which is of course nonsensical.
I want to knock on the head the idea that any Government Minister thinks that the creative industries are Luddites. As I said in the debate in Westminster Hall—I know that the hon. Lady was not able to be there—many creative industries use all sorts of technical innovations every single day of the week. They are not Luddites at all; they are the greatest innovators in the country.
I thank the Minister for that reassurance. I did take part in a Westminster Hall debate on this matter a couple of weeks ago, but one of his colleagues was responding. I made the same point then. Quite often in the media or more generally, AI seems to be pitted against our creative industries, which should not be the case, because we know that our creative industries embrace technology virtually more than any other sector. They want to use AI responsibly. They do not want to be replaced by it. The question before us is how lawmakers can ensure that AI is used ethically without this large-scale theft of IP. We are today discussing amendments that go somewhere towards providing an answer to that question.
I agree with my right hon. Friend: that is the peculiarity. The Minister knows only too well about the nature of what goes on in countries such as China. Chinese companies are frankly scared stiff of cutting across what their Government tell them they have to do, because what happens is quite brutal.
We have to figure out how we protect data from ill use by bad regimes. I use China as an example because it is simply the most powerful of those bad regimes, but many others do not observe data protection in the way that we would assume under contract law. For example, BGI’s harnessing of the data it has gleaned from covid tests, and its dominance in the pregnancy test market, is staggering. It has been officially allowed to take 15% of the data, but it has taken considerably more, and that is just one area.
Genomics is a huge and vital area right now, because it will dominate everything in our lives, and it populates AI with an ability to describe and recreate the whole essence of individuals, so this is not a casual or small matter. We talk about AI being used in the creative industries—I have a vested interest, because my son is in the creative industries and would support what has been said by many others about protecting them—but this area goes a whole quantum leap in advance of that. We may not even know in the future, from the nature of who they are, who we are talking to and what their vital statistics are.
This amendment is not about one country; it is about providing a yardstick against which all third countries should be measured. If we are to maintain the UK’s standing as a nation that upholds privacy, the rule of law, democracy and accountability, we must not allow data to be transferred to regimes that fundamentally do not share those values. It is high time that we did this, and I am glad to see the Minister nodding. I hope therefore that he might look again at the amendment. Out of old involvement in an organisation that he knows I am still part of, he might think to himself that maybe this is worth doing or finding some way through.
I do not resile from my views just because I have become a Minister, just as the right hon. Member did not when he became a Minister. He makes an important set of points. I do think, however, that they are already met by the changes in the schedule to article 45B, which is not an exhaustive list of things that the Secretary of State may consider. The points he refers to are certainly things that the Secretary of State could—and should, I would argue—consider.
I am grateful to the Minister, and I hope that that might find its way on to the face of the Bill with a little more description, but I understand that and I acknowledge that he does as well.
I welcome the opportunity to speak in support of the Bill and to address some of the amendment proposed, particularly Government new clauses 16 and 17.
New clause 17 is entitled “Report on the use of copyright works in the development of AI systems”. I am pleased to note, in subsection (3)(b), that the report will
“the effect of copyright on access to, and use of, data by developers of AI systems (for example, on text and data mining)”.
I also note that “developers” are specifically broken down into
“individuals, micro businesses, small businesses or medium-sized businesses”.
It is right to provide for that level of granularity. Similarly, I note that the report will
“consider, and make proposals in relation to… the disclosure of information by developers of AI systems about”
their use of copyright data to develop AI systems and “how they access” that copyrighted data,
“for example, by means of web crawlers”.
I am pleased to see discussions of licensing included in the report, and an exploration, again in granular detail, of the impact of a licensing system on all levels of developers. However, I would have liked to see an equal level of granularity for copyright owners to understand the effects of proposals outlined in subsection (3). Subsection (4) states that
“In preparing the report, the Secretary of State must consider the likely effect of proposals, in the United Kingdom, on… copyright owners”
as well as developers and users of AI systems. Although I note that new subsection (4) refers to individuals, microbusinesses and so on, I feel that there is a little vagueness as to whether this level of granularity is afforded to copyright owners as well.
That is not intentional. It is exactly the same level of granularity that we will go into in our reporting.
Well, I will just throw the rest of my speech away, then. I shall persevere. Will the report explore the effects of the proposed solutions and the resulting protections on individual creators?
There seem to be an awful lot of David Attenborough TikTok videos, but it is not him. I wonder whether this measure will apply to personality rights, and about the definition of a “small rights owner”. I will just squeeze that in.
Personally, I am in favour of doing something about personality rights, but it is one of the things that is in the consultation, to which will we respond. It is one of the things for which we will need to legislate in the round.
Perfect.
I asked the Secretary of State what reassurances can be given that smaller creatives, including microbusinesses and small creative businesses, will be considered in the report so that they can have confidence that the systems finally applied will work for them, particularly when we consider an individual’s early career—think of Ed Sheeran strumming away in his bedroom in his pre-fame days—and how they can protect their copyrighted works against the global tech giants.
New clause 16 addresses the economic impact on both copyright owners and AI developers, and I want to switch from talking about copyright owners to trying to defend the AI industry. If we do not get the controls right, we risk the mid and long-term success of the AI industry. If we do not get a fair solution for the creative and AI industries, we risk a reduction in the quantity, and potentially in the quality, of human-created data and an increase in AI-generated creative data.
I will briefly segue, because we are developing a lot of AI-created content that might be subject to copyright. A report recently pointed out that 18% of Spotify content is now AI-generated. People might remember the big hoo-ha when an AI-generated image won a photographic competition, which caused a lot of disturbance, but a lot of creative skill was involved in how the photographer developed and produced that image. No, it was not a photograph, but it is in a category of its own. I feel that is also creative content and copyrighted data, so there is a grey area.
If we start to generate more and more AI-created data and less and less high-quality human-generated data, because of the challenges to the creative industry, there is a danger that AI models will start scraping and training on AI-generated data, potentially leading to a reductive spiral into mediocrity, with some even suggesting that this could result in model collapse. On new clauses 16 and 17, I encourage the House to consider the impact of not employing proposals such as licensing and protecting the generation of new human-created content, given the risks posed to AI models and developers in the long term.
I will briefly comment on amendments 37 and 38, tabled by my hon. Friend the Member for Newcastle upon Tyne Central and West (Chi Onwurah). She ably outlined the reasons for the amendments, so I will not go into a lot of detail, but I want to point out that getting the definitions correct will prevent a loophole whereby AI companies can misuse personal data by claiming that their commercial development is scientific research. The amendments would provide transparency on the use of data by researchers in order to maintain confidence in this country’s ethical, legal and professional high standards in academic research. I hope the Minister will give careful consideration to the points I have raised.
I am now going to give my Whip, my hon. Friend the Member for Cardiff North (Anna McMorrin), a heart attack because I am going to refer to amendments 41 to 46 to clause 80 on article 22 of the UK GDPR, which is close to my heart. She is not to worry, though; I read those amendments with great interest and I understand the back-up they would provide, but although I am a newbie MP, as I read them—in my understanding, given the little work I did in my previous job with a regulator—I felt that they were more like secondary legislation. They could be considered for the future, particularly amendment 46, which includes some very welcome additions. However, when it comes to primary legislation, I feel that the Bill works better as it stands.
As many Members will be aware, my constituent Ellen Roome knows only too well the tragedies that can take place as a result of social media. I am pleased that Ellen joins us in the Gallery to hear this debate in her pursuit of Jools’ law.
In 2022, Ellen came home to find her son Jools not breathing. He had tragically lost his life, aged just 14. In the following months, Ellen battled the social media giants—and she is still battling them—to try to access his social media data, as she sought answers about what had happened leading up to his death. I am grateful to the shadow Minister, the hon. Member for Runnymede and Weybridge (Dr Spencer), for raising this in his speech. In her search for answers, Ellen found herself blocked by social media giants that placed process ahead of compassion. The police had no reason to suspect a crime, so they did not see any reason to undertake a full investigation into Jools’ social media. The inquest did not require a thorough analysis of Jools’ online accounts. None of the social media companies would grant Ellen access to Jools’ browsing data, and a court order was needed to access the digital data, which required eye-watering legal fees.
The legal system is unequipped to tackle the complexities of social media. In the past, when a loved one died, their family would be able to find such things in their possession—perhaps in children’s diaries, in school books or in cupboards. However, now that so much of our lives are spent online, personal data is kept by the social media giants. New clause 11 in my name would change that, although I understand that there are technical and legal difficulties.
The Minister and the Secretary of State met Ellen and me this morning, along with the hon. Member for Darlington (Lola McEvoy), and we are grateful for the time they gave us. My new clause will not go to a vote today, but we will keep pushing because Ellen and other parents like her should not have to go through this to search for answers when a child has died. I understand that there are provisions in the Bill that will be steps forward, but we will keep pushing and we will hold the Government’s and all future Governments’ feet to the fire until we get a result.
It was great to meet this morning, although I am sorry it was so late and so close to Report stage; I wish it had been earlier. We were serious in the meeting this morning: we will do everything we possibly can to make sure that coroners understand both their powers and their duties in this regard, and how they should be operating with families and the prosecuting authorities as well if necessary. We will also do everything we can to ensure that the technical companies embrace the point that they need to look after the families of those who have lost loved ones when they are young.
I thank the Minister for his intervention. He is absolutely right. There are clear issues of process here. There are differential approaches across the country—different coroners taking different approaches and different police forces taking different approaches. The words of Ministers have weight and I hope that coroners and police forces are taking note of what needs to happen in the future so that there are proper investigations into the deaths of children who may have suffered misadventure as a result of social media.
On related matters, new clause 1 would gain the support of parents like Ellen up and down this country. We need to move further and faster on this issue of social media and online safety—as this Government promised on various other things—and I am pleased that my party has a very clear position on it.
I will now turn to the issue of copyright protections. I held a roundtable with creatives in Cheltenham, which is home to many tech businesses and AI companies. The creative industries in my town are also extremely strong, and I hear a lot of concern about the need to protect copyright for our creators. The industry, is worth £124 billion or more every year, remains concerned about the Government’s approach. The effects of these issues on our culture should not be understated.
We would be far poorer both culturally and financially if our creatives were unable to make a living from their artistic talents. I believe there is still a risk of the creative industry being undermined if the Government remove protections to the benefit of AI developers. I trust that Ministers are listening, and I know that they have been listening over the many debates we have had on this issue. If they were to remove those protections, they would tip the scales in favour of AI companies at the cost of the creative industry. When we ask AI companies and people in tech where the jobs are going to come from, the answers are just not there.
The amendments tabled by my hon. Friend the Member for Harpenden and Berkhamsted (Victoria Collins) would reinstate copyright protections at all levels of AI development and reinforce the law as it currently stands. It is only fair that when creative work is used for AI development, the creator is properly compensated. The Government have made positive noises on this issue in multiple debates over the last few months. That is a positive sign, and I think that in all parts of this House we have developed a consensus on where things need to move—but creatives remain uneasy about the implications for their work and are awaiting firm action.
Ministers may wish to tackle this issue with future action, and I understand that it might not be dealt with today, but our amendments would enable that to happen. They also have an opportunity today: nothing would send a stronger signal than Government support and support from Members from across the House for my hon. Friend’s amendments, and I implore all Members to back them.
For the fourth time, and as I have said, new clause 19 would effectively create a de facto position whereby there are restrictions on the use of inappropriate social media services by children. It seeks to tackle the challenges of implementation, age verification and the scope of social media. It says that there needs to be work to make sure that we can actually do so and that, when we can, we should move in that direction, unless there is overwhelming evidence that it is not needed, such as with the shaking out of the Online Safety Act.
Finally, I return to new clause 21. Sadly, it has been widely misrepresented. The laws in this area are clear: the Equality Act puts in place obligations in relation to protected characteristics. The Supreme Court says that “sex” means biological sex, and that public authorities must collect data on protected characteristics to meet their duties under the Equality Act. The new clause would put that clear legal obligation into effect, and build in data minimisation principles to preserve privacy. There would be no outing of trans people through the new clause, but where public authorities collect and use sex data, it would need to be biological sex data.
As ever, it is good to see you in the Chair, Madam Deputy Speaker. I thank all right hon. and hon. Members who have taken part in the debate. If I do not manage to get to any of the individual issues that have been raised, and to which people want answers, I am afraid that is because of a shortness of time, and I will seek to write to them. I thank the officials who helped to put the Bill together, particularly Simon Weakley—not least because he not only did this Bill, but all the previous versions in the previous Parliament. He deserves a long-service medal, if not something more important.
I will start with the issues around new clauses 1, 11, 12 and 13, and amendment 9. The Government completely share the concern about the vulnerability of young people online, which lots of Members have referred to. However, the age of 13 was set in the Data Protection Act 2018—I remember, because I was a Member at the time. It reflects what was considered at the time to be the right balance between enabling young people to participate online and ensuring that their data is protected. Some change to protecting children online is already in train. As of last month, Ofcom finalised the child safety codes, a key pillar of the Online Safety Act. Guidance published at the same time started a three-month period during which all in-scope services likely to be accessed by children will be required to assess the risk of harm their services pose to them.
From July, the Act will require platforms to implement measures to protect children from harm, and this is the point at which we expect child users to see a tangible, positive difference to their online experiences. I wish it had been possible for all this to happen earlier— I wish the Act had been in a different year—but it is the Act it is. The new provisions include highly effective age checks to prevent children encountering the most harmful content, and adjusting algorithms to reduce the exposure to harmful content. Services will face tough enforcement from Ofcom if they fail to comply.
The Act very much sets the foundation for protecting children online. The Government continue to consider further options in pursuit of protecting children online, which is why the Department for Science, Innovation and Technology commissioned a feasibility study to understand how best to investigate the impact of smartphones and social media on children’s wellbeing. This will form an important part of our evidence base.
I am going to come to the right hon. Member’s amendment in a moment.
The study is being led by Dr Amy Orben of Cambridge University, and it is supported by scientists from nine of the UK’s premier universities, all with established expertise in this field. The study will report to the Government this month on the existing evidence base, ongoing research and recommendations for future research that will establish any causal links between smartphones, social media and children’s wellbeing. The Government will publish the report along with the planned next steps to improve the evidence base in this area to support policy making. Considering the extra work we are doing, I hope Members will not press their amendments.
I am afraid that I will not give way.
On new clause 13, tabled by the hon. Member for Harpenden and Berkhamsted (Victoria Collins), we share the concern that children’s data in education must be safeguarded. We have already committed to instructing the Information Commissioner’s Office to produce a statutory code of practice on the use of children’s data by edtech services once the findings of their audits have been published. We believe that defining the scope of the code in legislation now or imposing a six-month deadline for its publication risks undermining that evidence-led process.
Amendment 9, tabled by the right hon. Member for East Hampshire (Damian Hinds), seeks to ensure that platforms adopt strong age-assurance mechanisms when designing their services under the new children’s higher protection matters duty in clause 81. Of course, we subscribe to that policy aim, but the clause already strengthens UK GDPR by requiring providers of information society services to take account of how children can best be protected and supported when they are designing their processing activities. The ICO’s age-appropriate design code will be updated to provide clear and robust guidance on how services can meet these obligations, including through proportionate risk-based age assurance, where appropriate. I will take the right hon. Member’s intervention if he wants—he asked first—but I am afraid I have to be very careful because I have a lot of questions to answer.
Very quickly, I want the Minister to confirm that the Ofcom children’s codes, to which he has referred, are all about the 18 age threshold. They are a very welcome move to filter out wholly inappropriate content that is designed for over-18s and other very harmful content, but they do not do anything for the initial threshold—the age minimum—at age 13.
I am terribly sorry, but I do need to crack on because I have very little time.
I have not yet mentioned new clause 21 and amendments 39 and 40. Let me start by saying that the Government accept the Supreme Court ruling, but it is paramount that we work through this judgment carefully, with sensitivity and in line with the law. We cannot simply flick a switch; we must work through the impacts of this judgment properly, recognising that this is broader than data used by digital verification services. I reflect the comment made earlier by the shadow Minister, the hon. Member for Runnymede and Weybridge (Dr Spencer), when he said that data accuracy is important.
I thank my hon. Friend for giving way. Trans people and trans-led groups have been very concerned by new clause 21 tabled by the Opposition. They have rightly described it as an attack on trans people’s rights and their privacy. Can the Minister offer some reassurance that, as well as opposing this amendment today, the Government will not seek to introduce similar legislation via other means in the future?
We are opposing the amendment and are not intending to introduce similar legislation.
As I said, data accuracy is important. That is equally true for any data used in a digital verification service. That is why the Government are already engaged in an appropriate and balanced range of work on data standards and data accuracy. We are already developing data standards on the monitoring of diversity information, including sex, via the Data Standards Authority. Following a review, the Office for Statistics Regulation published updated guidance on collecting and reporting data and statistics about sex and gender identity last year, and all Government Departments are now considering how best to address the recommendations of the Sullivan review, which we published. That is the first reason why we will not be supporting this new clause or the amendment today. Simply, we believe the concerns regarding the way in which public authorities process sex and gender data should be considered holistically, taking into account the effects of the Supreme Court ruling and the specific and particular requirements of public authorities. By contrast, the new clause and the amendment would undermine the work the Government are already doing. Giving the Secretary of State a new regulatory rule would undermine the existing processes that ensure compliance with the UK’s data protection.
Secondly, the new clause is misplaced because the Bill does not alter the evidence which can be relied upon to prove sex or gender. Indeed, it does not seek to alter any of the content of data used by digital verification services. Instead, the Bill enables people to do digitally what they can presently do physically, and it is for organisations to consider what specific information they need to verify in their particular circumstances. Any inconsistency between what they can do digitally and what they can do physically would obviously sow further division.
Thirdly, the new clause is unnecessary, because it is very unlikely that digital verification services would be used in many, if not all, of the cases specifically raised by or with hon. Members, such as within the NHS to gain access to single-sex wards or for screening or to enter other female-only spaces. We expect digital verification services to be used primarily to prove things such as one’s right to work, or one’s age, address or professional or educational qualifications, which are not matters where sex or gender is relevant at all.
Fourthly, the new clause goes significantly further than the findings of the Supreme Court. Finally, the proposals have the potential to interfere with the right to respect for private and family life under the Human Rights Act by requiring public authorities to record sex as biological sex in all cases regardless of whether it is justified or proportionate in that given circumstance. In addition, the amendment does not take account of the fact that the Gender Recognition Act 2004 gives those with gender recognition certificates a level of privacy and control over who has access to information about their gender history. As for amendment 39, it will create further uncertainty as it appears to prevent use of clause 45 in all cases involving sex.
As I have set out, while I understand the reason for tabling these amendments, I fear they would create legal confusion, uncertainty and inconsistency. I also note that they were not part of the previous Government’s version of this Bill, in which in nearly all respects this part of the Bill was identical to ours. Given the narrow scope of digital verification service measures, the need to consider this area holistically to ensure alignment with existing legislation, and upcoming EHRC guidance and the breadth of work already being carried out, I hope the new clause and amendments will be withdrawn.
There was one other amendment referring to digital verification services: the Liberal Democrats’ new clause 7. I completely share their concerns about digital inclusion, which were also mentioned by the hon. Member for Dewsbury and Batley (Iqbal Mohamed). We have published our own digital inclusion action plan, but such obligations could be particularly challenging for businesses currently operating solely in the digital sphere—for example, online banks. Taking a blanket approach in the way proposed would not be proportionate, so I urge that the amendment be withdrawn.
On scientific research, my hon. Friend the Member for Newcastle upon Tyne Central and West (Chi Onwurah) tabled amendments 37 and 38. Amendment 37 adds further conditions to the definition of scientific research. I understand her concern and we want to prevent misuse. However, the Bill does not expand the meaning of scientific research and already contains safeguards, such as in clause 86. Moreover, the amendment replicates wording from two external documents—including the Frascati document—neither of which were intended to be legally binding or to define scientific research. I am very happy to continue having these conversations with my hon. Friend, but I urge her not to press her the amendment.
On access to NHS data, which my hon. Friend the Member for Normanton and Hemsworth (Jon Trickett) raised, let me just answer his direct question about the sale of NHS data. The Secretary of State for Health has said categorically that the NHS is not for sale and that patients’ data is not for sale—end of story. I hope we can put that one to bed.
On ethnicity data, my hon. Friend the Member for Birmingham Edgbaston (Preet Kaur Gill) made valid points that we intend to pursue. Public bodies usually collect ethnicity data in line with the Office for National Statistics’ harmonised standards. The ONS is currently reviewing that and I am sure she will want to feed into that process.
I am afraid that I have not had time to refer again to AI and copyright, but this country is a—
(1 week, 3 days ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
(Urgent Question): To ask the Minister if he will make a statement on the potential implications for the UK film industry of the United States’s proposed 100% tariff on foreign-produced films.
As the House will be aware, President Trump announced on Sunday that he had authorised the Department of Commerce to initiate tariffs on all movies produced in foreign lands. He has made other comments since. This is a very fluid situation and we will continue to take a calm and steady approach. I spent most of Monday talking to UK and US film makers and the general secretary of Bectu, among others, and I can tell the House that we are already in active discussions with the top of the US Administration on this subject.
We are working hard to establish what might be proposed, if anything, and to make sure our world-beating creative industries are protected. We are absolutely committed to ensuring that the film industry can continue to thrive and create good jobs right across the UK. UK film and high-end television generated production spend of £5.6 billion in 2024, and we want to work with our domestic industry and international partners to continue to build on that success.
We are absolutely clear that the deep ties between the US and UK film industries provide mutual benefits to both countries. Productions are, by their very nature, international partnerships, which are often developed and created across different countries and locations. Indeed, US movies are often multinational precisely because US movies earn far more overseas than they do domestically in the United States. The UK and the US both benefit when the likes of “Star Wars” and “Mission Impossible” are filmed in the UK, just as we both benefit from the close working relationship between our producers, talent and crew.
Our countries have a long history of working together to drive the growth and creative success of our film and television sectors. From Cary Grant to Hugh Grant, and from Alfred Hitchcock to Christopher Nolan, British talent has often been at the forefront of the US sector, and I am absolutely sure this will continue in the years ahead. I was once told by a film producer, “Never judge a film by the first 10 minutes.” I think we can say the same of this.
I thank the Minister for his answer. As he rightly says, we learnt over the weekend that the President’s Administration intend to impose a 100% tariff on all films produced outside the US. It is understood that he has directed the US Government to begin implementing the policy immediately.
I welcome the fact that the Minister recognises the film industry in this country as a jewel in our crown of world-leading creative industries. I also point out that the sector alone is worth £1.96 billion here, and supports 195,000 jobs up and down the country. It shows off our great British culture and values, the talent we have, and some of the most amazing settings for so many films of different genres.
I am glad that the Government are working to ensure that all is done to give confidence to our directors, actors, screenwriters and producers that they are thinking about them, because for both independent film makers and major studios this action could result in cancelled projects, lost investment and a significant decline in UK film exports, which is especially hard given that they are still recovering from the covid pandemic. But I have to say that it is disappointing the Government failed to start the negotiations with President Trump’s team for five months after the election and fired Britain’s top trade negotiator. It is difficult not to wonder whether a different approach could have led to a different outcome.
None the less, the priority is to protect our film industry, so what assessment has the Minister made of the potential impact on the UK film sector? What immediate steps are the Government taking to engage with the US and ensure that the investment in UK facilities by many US businesses, which would be affected, is highlighted? What contingency plans has he prepared in the event that no exemptions can be secured? Finally, what assessment have the Government made of the potential drastic cut in BBC Studios’ profits from sales to the US market, and what impact could that have on the licence fee?
First, may I, on a co-operative note, say that one reason we have a very strong film and high-end television sector in the UK is the joint policy, adopted across several years by both Conservative and Labour Administrations, to ensure we have very competitive tax credits. I pay tribute to the work done by the previous Government, which we were able to enhance when we brought in two new tariffs—I mean two new tax credits—in the Budget just before Christmas. No, we are not in favour of bringing in tariffs. I think I am right in saying that in 1947 the Labour Government did bring in tariffs on US films, because we thought too many US films were being shown in British cinemas. That strategy did not go very well: the Americans simply banned the export of US films and we ended up watching “Ben Hur” repeatedly in every cinema, as well as a film called “Hellzapoppin’” which I do not think anybody has watched since. However, the successful bit of what we did in 1947 and 1948 was that we invested in the British film production system, which led to films such as “Hamlet” and “Kind Hearts and Coronets”. That is the pattern we still want to adopt.
Let me be absolutely clear: we believe that there are mutual benefits to both of us if we continue on the path we have selected. I am not sure precisely what is intended: I do not know what a tariff on a service would look like and I do not know whether the intention is for it to be on movie theatres. The danger is that the US already has two major problems with its film industry: one is distribution costs, so if the US went down that route, it could lead to heavy problems for the industry; and the other is the very high cost of making movies in the US.
Most films these days are an international collaboration of some kind, and we want to maintain that. Even the British production of “Paddington”—I am looking at the hon. Member for Cheltenham (Max Wilkinson) only because I suspect he is about to mention it; and he has just given me a Paddington hard stare—was made by StudioCanal, which is, of course, part of Canal+. It had Spanish actors as well as British actors. This is just a fact of modern films: they are multinational and that is one of their strengths. Incidentally, I do not think that Paddington ever went to Peru—I do not think they filmed any of it in Peru. I am also told by my Peruvian friends that there aren’t any bears in Peru.
I welcome the Minister’s measured and thoughtful response to President Trump’s latest announcement and his full-throated support for the British film industry. He will be aware that my constituency is very much a filming venue for both film and television. In his discussions with the United States, will he ensure that he is also championing high-end television, as I think he briefly mentioned, which is often filmed, produced and made in Hackney? I also make a plea for all the creative industries in my constituency that feed into the film industry. Can the Minister ensure there is good communication from the Government on these negotiations? This is creating a great a deal of uncertainty.
I know Hackney very well; as my hon. Friend knows, I used to be a councillor there. It is not just London that is a phenomenal place to make a movie, but the whole United Kingdom. We have some of the best scenery and some of the best buildings. It is not only Bath, which gets used endlessly in lots of films—when I was there a couple of weeks ago, I heard about a long list of them. My hon. Friend is also right about television. What is the difference between making “Bridgerton” and making a movie? In fact, the pattern is very similar; international collaboration is important because it delivers international audiences, and we want to maintain that.
British film really is the marmalade sandwich in the lunchbox of our creative industries; it has given us Bond, Paddington, Harry Potter and Monty Python. Donald Trump clearly thinks he is a god-like figure, but on the Lib Dem Benches, we are clear that he is not the messiah—he’s a very naughty boy. If he had his way, we would be watching “Harry Potter and the Prisoner of Alcatraz”, or perhaps “Harry Potter and the Executive Order of the Phoenix”. Will the Minister confirm that all options will be on the table to protect our film industry, including working with allies such as Canada and Australia, which have shown strength in recent weeks by voting anti-Trump? Will he commit to immediately meeting film industry leaders in the UK to co-ordinate a response in this area, and will the Government back our world-leading creatives by doing the right thing on AI and copyright?
I could have predicted half the hon. Gentleman’s question, because I knew Paddington would get in there. On a serious note, I am meeting industry representatives tomorrow afternoon, and I look forward to understanding their precise concerns, in addition to the obvious concerns that we all share.
I want to caution slightly against a word that has been used three times now, I think, with Members saying that President Trump has “announced” something. A clear policy has not been announced—I think we need to be careful about that. As I said earlier, it is difficult to see how a tariff would be imposed on a service or on films in this way. I want to be careful and precise in the way we move forward on this.
I have been asked what we are doing: we have already had people in Washington DC talking with people in the Trump Administration at the highest level, and we will progress that. Of course, we want to do everything we can to preserve the strength of the industry.
I declare an interest, as one of my little sisters works in the UK film and TV industry; I am immensely proud of her. I urge the Minister to look at how we bolster home-made film and TV as part of the soon-to-be published creative industries sector plan, particularly in Northumbria, where we have some of the most wonderful landscapes; a couple of years ago we sadly lost Sycamore Gap, which provided a memorable backdrop, but we also have Hadrian’s wall. We also have a fantastic workforce, but too often I see young people having to leave the north-east to get creative opportunities elsewhere in the UK.
That is an extremely well-made point, and I would add to it something I said when I appeared before the Select Committee—from whom I suppose we might hear in a moment—which is that I am very keen on having a mixed economy in the British film industry. Sometimes we will be making films for other markets; sometimes we will be making films that tell predominantly British stories about the way we are in this country and selling them around the world, but where the intellectual property remains with British production companies. That is the mix that we need to achieve.
The hon. Member for Cheltenham (Max Wilkinson) referred to our relationship with the US. I should also say that the Secretary of State was in India last week; both she and I want to ensure that we also have a much stronger relationship with India, which is one of the fastest growing economies in the world. We think we can do a great deal more in that film production space as well.
There is no doubt that this speculation will cause huge worry to those working in British film production, but, as the Minister says, it highlights once again the importance of bolstering the British screen sector. We recommended steps to deliver that in a recent Select Committee report, yet within days of publishing it, his Department had already asked for an extension to the time in which it would respond. This weekend we heard rumours that the whole Department is up for the chop under his Government—I am not sure if that is before or after he has sacrificed our creative industries on the altar of AI. The Minister is a brilliant communicator, and I know that deep in his heart he cares passionately about this issue, but when will he show some grit and action on behalf of our world-leading creative industries, in particular our screen sector?
I hope the hon. Lady accepts that there are areas where I have taken very deliberate action on the back of recommendations from her Committee, not least in relation to a levy on gig and arena tickets to fund support for small music venues—but I take her point. I was not aware that we had asked for an extension. We will get on with providing a response to her as fast as possible. It was an excellent report; I have read it. It contains lots of good things that I want to take forward, but we probably will not be able to do everything in it.
It is really important that we focus on skills in the UK screen industry; that has been raised repeatedly with me. I want every kid in the country to have a chance to work in the creative industries, including in film and high-end television. Many would not even think that that was a possibility, so we need to transform the whole pathway into those industry skills; I know that that is one of the things that the hon. Lady’s Committee has raised.
Whether it is because of the fantastic, state-of-the-art Shinfield Studios just up the road, access to fantastic filming locations such as Swinley forest on the Crown Estate, or our incredible transport links, Bracknell Forest is increasingly becoming a go-to location for the film industry. As the Minister has already touched on, we need to see more emphasis placed on home-grown skills, so that young people in Bracknell can access the fantastic opportunities that the film sector offers. Will he say a bit more about what this Government will do to break down the barriers to opportunity in the film industry?
We have already invested significant amounts of money in the skills sector, and more came as a result of the Budget. My hon. Friend is quite right that his patch is a go-to area for film production. One reason that US companies—and, for that matter, companies from many places around the world—come to the UK to make films is for our skills; we have some of the best cinematographers, technical experts and designers, as well as the acting talent, which means that it is possible to make a very convincing film in the UK more effectively and cheaply than in many other places. We are determined to ensure that the UK remains the best place in the world to make movies.
Film studios are a really important part of our economy in Hertfordshire and give opportunities, jobs, apprenticeships and work experience to people in my constituency. As the Minister has recognised, it is not remotely clear yet how the tariffs will operate, and many have said that they are unworkable, but if America goes ahead and we have to take action in this country to ensure that our film industry is competitive, I urge him to look at the business rates regime with the Treasury. Sky Studios Elstree near my constituency has seen its business rates go up by more than 600%—they now account for 30% of its operating costs. I encourage the Minister to look at tackling that regime, as one measure to ensure that we protect our creative industries and the film sector here in the UK.
The hon. Lady makes a good point, which has been raised with me by several other Members. We made special provision in the Budget to ensure that the business rates for studios are protected until 2034, and I think that is a good measure. I know that some of the very large studios are finding it more difficult, and I am happy to continue looking at the issue. Let me read some statistics that may be helpful. According to a report published in January by the Motion Picture Association of the United States of America, in 2023 the US earned $22.6 billion in film and television exports, and its services trade surplus was $15.3 billion, or 6% of the total US trade surplus in services. It is mutually beneficial for the US and the UK to remain with the system we have, without tariffs.
As you will be aware, Mr Speaker, Harlow is the birthplace of Rupert Grint, Jo Joyner and Rik Mayall. I have to mention Leila Khan too, because I used to teach her and she is an up-and-coming star. Harlow has also recently doubled as Paris in an episode of “The Crown”. Does the Minister agree that Harlow, as well as the rest of the UK, has a huge amount of talent and that, far from relying on US film imports, we produce some fantastic films in this country and our film industry is growing? What can this Government do to support it to continue to grow and thrive?
My hon. Friend is quite right about Harlow. I would argue that many different parts of the UK that have never yet managed to get into films need to up their game. Local authorities can play a role in ensuring that their area is considered as a potential place to make a film. It is often about whether other facilities are available in the local area that can contribute to that. He makes a fair point on behalf of Harlow, and if there is a film, he will be starring in it.
I may be able to help the Minister: Paddington Bear actually lives in Borehamwood, because the movie “Paddington” was produced in my constituency at Elstree Studios, which sits alongside Sky Studios Elstree as a jewel in the crown of the British industry. It is no surprise that Donald Trump is jealous because, by many accounts, more film and television content is produced in Hertfordshire than in Hollywood.
As the Minister rightly said, the current situation is of mutual benefit to our two nations. There is one thing that he could do right now, though, and for once I agree with the Minister—sorry, I meant to say the hon. Member for St Albans (Daisy Cooper); I will get my facts right in a moment. The key point is that business rates are proving to be crippling for many of our studios, including Elstree, so I urge the Minister to have another go at the Treasury. I remember a similar situation with the culture recovery fund; the Treasury is resistant to begin with, but if he keeps going, he will get some further movement. That would be a huge fillip to the industry and would help it to withstand whatever shocks it may face.
I am very confused about who is and is not a Minister these days. I accept the point: it is clearly an issue. I remember that when we were in opposition, I was regularly knocking on the door of the now shadow Secretary of State, the right hon. Member for Daventry (Stuart Andrew), trying to get him to do something to persuade the Treasury to do something about business rates. I am fully on board, and I understand the problem. I look forward to the right hon. Member for Hertsmere (Sir Oliver Dowden) assisting me in more endeavours in the future. Hugh Bonneville told me that he was slightly upset when he signed up to “Paddington in Peru”, because he thought that he would be filming in Peru, but he only got as far as Borehamwood.
The economy is set to benefit from a £50 billion boost from the Universal theme park in Bedfordshire, which will star Paddington Bear; all Members will welcome that. Does the Minister agree that stars like Paddington Bear have an enormous amount of soft power? We have heard that in the Chamber today. What can the Minister do to reassure me that he will ensure that we protect and support the next generation of Great British storytellers?
My hon. Friend makes a very good point. I am delighted that the theme park will happen; it will be transformational for the British tourism industry, apart from anything else, and it will be the largest theme park across the whole of Europe. I am very grateful to my colleagues in the Treasury, who certainly delivered when it was necessary in relation to that. I emphasise how important not just our film industry, but our high-end television—and, for that matter, the very existence of the BBC and stuff produced by ITV and many others—is as part of our soft power, although I think Paddington probably counts as hard power.
Shinfield Studios in Wokingham borough has brought hundreds of jobs to my constituents and to many across Berkshire. It is a very important part of our local economy and a symbol of the UK’s creative strength. We must not forget that Berkshire is the Hollywood of Britain, and it must be protected from Donald Trump’s reckless tariffs. Will the Minister condemn these harmful tariffs and work with the film industry to ensure that the UK remains the world’s premier destination for film investment?
The hon. Gentleman is absolutely right. We want to maintain the UK as the premier destination for international investment from not just the United States of America, but India, which I have already referenced, and Nigeria; I would like to see a lot more co-production between the UK and Nigeria. It is worth bearing in mind that 51% of our movie exports go to the European Union, so this is a genuinely open market, and my belief is that free trade is better than tariffs.
The Minister will know that the UK has a world-leading film and TV workforce that flies the flag for collaboration, British talent and economic growth around the world. But he will also know that much of our film workforce is freelance and that they will be watching this news with anxiety, particularly as many of them are still recovering from the impact of the recent US industrial action. I thank the Minister for his hard work. I am pleased that he has spoken to Phillipa Childs, the head of Bectu. The union Bectu is a fearless champion for our industry in the UK. Will he join me in reassuring Bectu members and our film workforce that we are on their side and that, whatever happens, we will help protect film talent in the UK?
I shall make two points in reply to that question. First, there have been difficulties over the past couple of years in the UK film and high-end television industry because of what happened in the United States of America. That makes the point about the mutuality between the US and the UK film industry all the stronger. The truth is that I would like the US movie industry to be strong, because if it is strong, our industry will be strong as well. There are net benefits for both of us, and there is a win-win situation.
The second point is about freelance work. I have often worried that so much of the creative industries relies on freelance workers. In many cases, that is great, because people want that kind of career, but they also need some degree of security if they are to be able to take out a mortgage and plan their economic future. That is definitely one of the things that we will look at in relation to the industrial strategy, which we hope to be publishing soon.
The film industry is enormously important to the Buckinghamshire economy. Pinewood Studios is in the constituency of my hon. Friend the Member for Beaconsfield (Joy Morrissey), but many of my constituents are supported in jobs not just at the studios themselves, but in the many supply-chain businesses that feed into them. Pinewood goes over and above most other businesses I know in providing opportunities for young people through its Futures Festival, which showcases every single career that can be had in the film industry. Much of that success is actually achieved on American money, because companies such as Disney and Amazon use Pinewood out of choice. Therefore, on top of what the Minister has said about working with the Trump Administration to try to avoid these tariffs, can he assure us that he is working with companies such as Disney and Amazon to ensure that those American brands are speaking up to say why they are choosing Pinewood and other UK studios?
I think the first text message that I received early on Monday morning was from Pinewood. So, yes, I am on that case as well, but it is not just about Amazon and Disney; it is also about the streamers and a whole series of other such organisations making their product here in the United Kingdom. Of course, Pinewood is the home of Bond, which also makes the point, because historically the distribution rights for Bond were, I think, with an American company, but the production rights were with Barbara Broccoli and her relatives. All of that is now with the US, but let me put it this way: I am very hopeful that Bond will still always be British.
I am glad that the Minister mentioned the phrase “win-win”, because in international trade in the film industry and the creative industries, it has to be about win-win rather than zero sum. When I discussed this industry with Fabien Riggall, the founder of Secret Cinema, it became absolutely clear that we have such incredible innovators in our creative industry, and in the film sector specifically. For them to flourish, we need to retain that sense that it is a win-win situation internationally and for the UK, not zero sum.
My hon. Friend makes an extremely good point. I will, if I might, just leap off the word cinema to make the point that film is not just about production, but about finding audiences. One of my concerns in the UK is about how we make sure that cinemas—or movie theatres as they are known in the US—can flourish as well. They can be a really important part of dignity in a town. A town that has a cinema is likely to be a place that has respect for itself, and I would like to ensure that that continues into the future.
Scotland is now one of the most sought after film destinations in the world, and US film companies regularly base their operations in Scotland. We have featured in everything from Batman to Indiana Jones to “World War Z”. All of that, as well as developing the film sector in Scotland, will be put at risk if there is any concept of tariffs at all. Will the Minister work closely with the Scottish Government in his response to the US? Will he state quite clearly that such a move would be mutually self-destructive, and that all parties are set to lose if the US proceeds with anything approaching tariffs?
I have already made the point that we think there is a win-win situation. A strong US movie industry will benefit a strong UK movie industry. I believe in fair trade and free trade. In fact, over recent years, it has been worrying that more and more countries have wanted to put up protectionist measures around a whole series of industries. It has tended not to happen in services, and to be more about goods, which is one of the other issues. The hon. Member is right about Scotland. I am very keen on working with all the devolved Administrations to make sure that we remain the best place in which to make films and high-end television. I do not know whether anybody has watched “Havoc”—[Interruption.] Sorry, I was not referring to the Conservative party. Returning to my point, “Havoc” was all filmed in Wales, but it looks as if it is an American dystopian city.
Warner Brothers Studios Leavesden is in my constituency and a genuinely world-class film and TV production centre. It provides thousands of jobs, generates significant wealth for the UK economy, and earns South West Hertfordshire the reputation of Hollywood in Hertfordshire. Major international blockbusters, including “Barbie”, “Mission: Impossible”, “Paddington” and the Harry Potter franchise have been filmed there, and the recently confirmed HBO Harry Potter TV series is set to be filmed there this summer.
Leaving aside the decisions that the Chancellor has made and the impact that they have had on the economy, can the Minister reassure us that he will continue to update the House and the industry more widely about how the Government will mitigate these tariffs if they come to fruition?
We are working on making sure that we have a proper trade deal that would not just mitigate the tariffs, but mean that we would not end up in the situation that the hon. Gentleman has just described. I know Leavesden well, and, for that matter, Warner was in touch very quickly—actually I think I was in touch with it very quickly on Monday morning. I am very hopeful that it will be part of our discussions when I gather the industry together tomorrow afternoon, but the hon. Gentleman makes a good point none the less.
Unlike many others in the House, I cannot say that my area—Totnes—has film studios, or that a major movie has been made in my constituency, but we do have a lot of creatives living in our community, from writers to musicians and producers. We also have a costume maker, who happens to be my daughter. I am very proud of her and she is entering this industry—an industry that we should all be proud of. If these tariffs materialise, they will deal another blow to the UK film industry following the strikes that we have already seen. Will the Minister assure us that he is ready to protect and insulate the UK film industry and all the jobs that it sustains, particularly freelance jobs, by pushing for either tax credits or business rate adjustments?
I find it difficult to believe that there has not ever been a film made in Devon, but if that is the case, one of my major aims must be to make sure that in the next few years a film is made in Devon. Perhaps we will be able to get the hon. Member a bit part. I will, if I may, just refer back to Cheltenham. One of the films made in Cheltenham many, many years ago was “If”, which is wonderful and was directed by Lindsay Anderson. The word “if” is a very important one at the moment, because we are talking about if these tariffs were to be imposed.
On Sunday, the President of the United States said:
“WE WANT MOVIES MADE IN AMERICA, AGAIN!”
Does the Minister agree that the key to making great movies is to ensure artistic freedom and expression and to grow the necessary skills? With that in mind, would he visit Tech Trowbridge in my constituency, which is doing a good job in upskilling young people in multimedia?
As a one-time producer of a British-made film, I am proud that North Norfolk has been the backdrop for many great films, including “Alan Partridge: Alpha Papa”. It is no wonder that President Trump would want to dissuade such a film from coming to America, as Steve Coogan himself has said that
“the only person on Earth who’s more Alan Partridge than Alan Partridge is Donald Trump.”
Can the Minister assure the blossoming creative sector in North Norfolk that he values its contributions to our economy, and can he give reassurance that the Government will do everything they can to protect the sector from another Trump trade tantrum?
The hon. Member refers to some things I have already spoken about, but why did he not make his film in Devon? He has obviously not got the message from his party colleagues. There are lots of great British films that will be watched in American cinemas over the weeks to come, and I am certain that no President would want to say, “Don’t watch British films”. One of the films I enjoyed most over the last few months was “Conclave”, which was a phenomenal success and remarkably timely.
The film industry is important in Northern Ireland; the Executive have poured a considerable amount of money into Northern Ireland Screen, and the internationally successful “Game of Thrones” was filmed in Northern Ireland, much of it in my constituency. We can see the benefits of that, as tens of millions of pounds have been poured in for building sets, for costumes and for catering, and even now thousands of tourists come every year to see where the filming was, so there is a long legacy.
I welcome the way in which the Minister is dealing with this situation. Tariffs are speculation at the moment, but before they become policy it is important that we get the message over to the Administration. Will he ensure that in constructing his arguments he consults with the Northern Ireland Executive to ensure that Northern Ireland’s voice is heard in these discussions?
The right hon. Gentleman makes a good point. I have already had discussions on other matters relating to the creative industries with Members of the Executive in Northern Ireland, and I think I have another call next week, so I will of course make sure they are consulted. He makes a very good point about tourism. An awful lot of tourists who come to the UK want to see the places where some of their favourite movies and television series were made. That is one of the things that VisitBritain is capitalising on at the moment with its “Starring GREAT Britain” campaign.
I very much enjoy discussing the British film industry, because Members across the House stand up and say that they have the Hollywood of Hertfordshire or Bedfordshire and everywhere else. I am blessed in Spelthorne to have Europe’s biggest film studios and the second biggest in the world in Shepperton—interestingly, it is second not to Hollywood but to China. There is a certain amount of nervousness in Spelthorne as a result of the posting on Truth Social that the Minister has come here to talk about. I agree with him that it is incredibly difficult logistically and technically to unpick the US-UK intellectual property in a film, and I think it will prove to be so. I therefore commend him for his considered run at this; I think it is the right thing to do.
A couple of weeks ago I visited Cineco, one of our many British film support companies, which makes sets and props. One point it made on skills is that the apprenticeship model does not work terribly well for industries that have so many freelancers and such lumpy work schedules. As a sidebar to the Minister’s meeting with industry leaders tomorrow, would he please raise and discuss that with industry leaders?
Interestingly, I was at the Bad Wolf studios in Cardiff last week, and one thing Jane Tranter raised with me was how important the security of knowing that they have a number of projects in their studios has been to taking on apprentices in the company. They have been making not just “Doctor Who” but “His Dark Materials”, and “Industry” is being filmed there at the moment. There are a whole series of different projects, and that enables the studios to take people on not just on a daily basis. We need to change the apprenticeship levy in the UK so that it works better for the film industry and so that the industry can make long-term commitments to people’s future careers.
I appreciate the Minister’s comments this afternoon. I am a member of the Culture, Media and Sport Committee, and we have heard over and over again how important UK film tax credits are to the industry and about the tangible difference they make to film makers across the UK. Can the Minister say whether the Government are considering increasing or adjusting them in any way to maintain competitiveness with US and other international markets, given the context we are now working within?
I have always said that I support film tax credits. Labour first introduced them under Gordon Brown. They were continued by the Conservative Government, and then we introduced two new ones. Incidentally, I think that the independent £15 million movie tax credit will make a significant difference to the UK, particularly at this point. I note that some documents produced around the semi-announcement in the United States of America have praised the way that we have done things in the UK, and other parts of the world want to mirror it. I will take praise wherever I can get it.
The uncertainty of President Trump’s comments puts an unsettledness in the industry, especially in Northern Ireland, where we have the Titanic Studios and Northern Ireland Screen working away. Titanic Studios is already working on “A Knight of the Seven Kingdoms”, which is a prequel to “Game of Thrones”, so there is a lot of activity going on in the industry. Will the Minister consider including Northern Ireland Screen in his meeting tomorrow with the industry, rather than leaving it another week to engage with it?
I am deeply proud that St Margarets in my constituency has been home to Twickenham Film Studios for over 100 years. The studios have been involved in production and post-production work for big-name films including “The Italian Job” and “Ghandi”, and most recently they did the Oscar-winning sound production for “Top Gun: Maverick”. However, they have been beset by financial challenges, from the US writers’ strike to the sky-rocketing business rates mentioned by my hon. Friend the Member for St Albans (Daisy Cooper). The tariffs could deal a fatal blow to studios such as Twickenham. Can I urge the Minister, as others have, to work with the Treasury and the Valuation Office Agency on bringing down the rateable value of film studios? Can I also invite him to follow in the footsteps of Tom Cruise and come to St Margarets to visit Twickenham Film Studios?
The thing is, Tom Cruise does all his own stunts, doesn’t he? I am a little bit nervous about being dangled off the back of a helicopter or dumped in a vat of—I don’t know. [Interruption.] The shadow Minister says he will happily arrange it. Well, then, I invite him to see the Rhondda tunnel; we can dangle him down a hole as well.
The hon. Lady is making a point that has been made several times. Tom Cruise is one of the biggest investors in the UK because of all the movies that have been made here, and we are very grateful to him. The British Film Institute will be honouring him next week, and I think that is really good. As I say, we are the best place in the world to make movies, and we want to continue that.
I feel very left out, not having a studio in my constituency, but we have produced some of the best actors in the world, including Sir Stanley Baker. I think one of his best films—you will know this, Mr Speaker—was “Sodom and Gomorrah”.
What film were you—hang on, we are not meant to do this, are we? Order, order. As I was saying, I am also very proud of the young actor Callum Scott Howells, who is doing phenomenally well.
Never the final episode—still a wee bit to go yet. I thank the Minister very much for his answers, and for the energy he displays on behalf of the sector. In a question in the Chamber yesterday to the Minister for Trade Policy and Economic Security, I highlighted the £330 million income for the film industry in Northern Ireland since 2018. The importance of USA films to that cannot be overstated; they include epics such as “Blade Runner”, to say nothing of “Game of Thrones” and “Star Wars”. So many films use our highly skilled studios and work, due to the cost-effectiveness of this option. The Trump tariffs will negate much of this benefit. I am quite confident of the Minister’s response, but how can he emphasise the need to give consideration to our film sector, which is an integral part of this United Kingdom of Great Britain and Northern Ireland?
I thought the credits were already rolling, and then up comes the hon. Gentleman. It may be just that I am an optimistic person by nature, but I feel very optimistic about where all these negotiations will end up. I am hopeful that we will end up with some kind of deal. I also passionately believe that wherever that deal ends up, the UK film industry will succeed, because we have always been a great nation at telling stories that people want to watch all around the world. We have some of the greatest actors. We may be a small nation, but we manage to dominate on screens all around the world because we are just talented, and everybody will still want to keep on buying that talent, whatever the deal may be.
(1 week, 4 days ago)
Commons ChamberI am sure that you look forward to every response from a Government Minister, Madam Deputy Speaker. I note that my hon. Friend the Member for Bolton South and Walkden (Yasmin Qureshi) ended her speech by saying,
“Let us light the way for the future of British neon”.
I am grateful to her for securing this important debate and, consistent with her approach, I am also grateful for her thoughtful and rather illuminating speech—if you will forgive the pun, Madam Deputy Speaker. I did not actually write that pun; somebody in my Department, to whom I am enormously grateful, wrote it.
No, I am not sacking them. You cannot call for civil servants to be sacked from the Chair, Madam Deputy Speaker, otherwise people will call for you to be sacked.
As the Jamaican reggae artists Tenor Saw and Bob Marley have lyricised,
“Life is one big road with lots of signs”.
This debate has shone a light on not just neon signage itself, but the wider question of how we protect, support and promote the often overlooked corners of our creative economy. Let us be absolutely clear: as my hon. Friend said, neon is not simply about advertising, and it is not just a relic of a bygone era. It is artistry and craftsmanship; it is a part of our living heritage and of the living texture of our urban and rural landscapes. I remember for a while there was a neon sign on entering the Rhondda that used to say, “Two can dine for £1.99. Fine dining.” [Laughter.] I think it is slightly out of date.
From Glasgow to Blackpool and from the corner pub to the west end theatre marquee, there is neon. Behind each flicker of neon gas is a maker, a designer, a glass-bender and an engineer of light. These are not just tradespeople, but creative professionals sustaining a skillset passed down through generations. Many artists in the UK and across the world have taken advantage of what is, as my hon. Friend said, Great British invention. It was only in about 1912 that it passed to the United States of America and became part of its advertising hoardings. We think about neon adverts, but it is an essential art form, too. We have only to think of many of Tracey Emin’s neon works, such as “Fantastic to Feel Beautiful Again”, which is a beautiful piece, or—apologies for this, Madam Deputy Speaker; do not get overexcited —“Kiss Me, Kiss Me, Cover My Body In Love”, which is another great work.
The Liverpool artist Chila Kumari Singh Burman’s work often uses neon. I went to an extraordinarily wonderful exhibition of hers at the Imperial War Museum North, which had large amounts of neon, drawing on her family’s tradition of running a shop. Members may recall that a few years ago she covered Tate Britain during the winter period with lots of different neon signs. For that matter, people can go online—this is my advertising for the Tate—and buy one of her tiger or ice cream neon works for £950. For that matter, at Tate Modern there is Martin Creed’s work, “DON’T WORRY”. It is difficult not to sing, “Don’t worry”, is it not? A few years ago at Tate Britain, the Welsh artist Cerith Wyn Evans did an extraordinary piece, which I really remember, because it was such a contrast with the galleries it was in. It was 2 km of neon light. That was back in 2017.
The creative industries as a whole, as my hon. Friend will know, contribute £124 billion a year to the UK economy, and neon, as a niche but important part of that ecosystem, has a dual role in commerce and in our culture. Advertising is one of our key exports in the UK and an important part of our creative industries, too. We need just think of the Piccadilly Circus signs, God’s Own Junkyard, or the glow of a fish and chip shop on a rainy Tuesday night. These are not just signs, but signifiers of place, of character and of British eccentricity. They are things that imprint themselves in our memory as part of what we think of as our own home town.
I hear the call today for consumer transparency and greater support—the point was well made—whether through planning protections, trademarking or cultural preservation funding. Under existing legislation and guidance, there are provisions in place to protect unique aspects of our historic environment, including street furniture and signage. Indeed, the entrance range of the Walthamstow Stadium, with its fabulous neon sign, is grade II listed. Anyone can recommend a building, site, monument, designated landscape, battlefield or, indeed, sign for inclusion on the national heritage list for England, so long as they meet the eligibility requirements. I encourage people to do that.
I hope the House will allow me—apologies again for this—to cast a light on my Department’s work on living heritage. I encourage neon crafters to make a submission to the inventories of living heritage in the UK when we open the call for submissions later this year, following our incorporation of the convention last year. That is a fantastic opportunity for the neon craft community to advocate for their craft, raise awareness and be part of a wider conversation on living heritage.
Let me also address another point that my hon. Friend made, which was about sustainability. She is right that some people have incorrectly expressed concern about energy use by neon, when modern neon is far more efficient than its reputation suggests. When maintained, it outlasts LEDs, is recyclable and in some cases is even repairable.
On consumer transparency and the use of the term neon, I fully understand the concern that clearer definitions and protections could help prevent confusion for consumers and help preserve the value of handcrafted neon signage. We have only to go online for two or three minutes to find lots of different supposedly neon signs being advertised relatively cheaply, which are no more neon than they fly in the air. They are sometimes described as “LED neon signs”, which is a contradiction in terms. I fully take on board the point that my hon. Friend has made, and I thank her for bringing this matter to our attention as we engage with Departments across Whitehall on their trademark policy development. This is not solely a matter for the Department for Culture, Media and Sport.
As I said earlier, protecting neon is not about nostalgia. It is about supporting livelihoods, unlocking tourism, and giving our public spaces character at a time when homogenisation threatens to reduce the character and unique identity of everything from our skylines to our high streets. The Government hear the case being made for neon signage, not as a gimmick or an indulgence but as an essential, flickering thread in the tapestry of British creativity. We hear the concern from artists, from heritage bodies and from communities who want to see colour, identity and local pride preserved. We are committed to working with industry, local government and the wider public to explore how best to secure the future of this unique form of creative expression. On this, we will not let the lights go out. As the Greek-born American neon artist Chryssa once said,
“I saw Times Square with its light and letters and I realized it was as beautiful and difficult to do as Japanese calligraphy.”
We should never let go of such artistry in our British traditions.
Illuminating!
Question put and agreed to.
(2 weeks, 3 days ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Kalimera, Mr Vickers. It is very good to have this debate and I commend the hon. Member for South Leicestershire (Alberto Costa) for bringing it to the House. Interestingly, it is the first one on this issue in this Parliament, and I am grateful to have the opportunity to speak about it.
The hon. Gentleman is absolutely right that UK relations with Greece are extremely warm and tender, and have been for many centuries in many regards. Perhaps Lord Byron is best known in the UK for his poetry, and for being
“mad, bad and dangerous to know”,
but in Greece, he is considered to be quite a hero. That is why I am delighted that we are in the process of having the statue of Lord Byron moved to Hyde Park, where it will have a more prominent display. I know that the Greek Government have been supportive of that. For that matter, I have been to one production of Oedipus in the last few months, and there have been two—albeit rather updated—versions here. I think we all know that Greek culture is a really important part of our foundational understanding of what it is to be a modern democracy. Indeed, the word “democracy” comes from two Greek words, and “telephone”, “oligarchy” and so many other parts of our language are determined by their Greek origins.
The hon. Gentleman was also absolutely right to point to the many millions of British people who go to Greece every year. I think one in four British people goes to Spain every year and one in six British people goes to Greece. That is why it is so important that in the conversations I have had, particularly with my Greek counterparts, both as Tourism Minister and as Culture Minister, we have often focused on those issues more than anything else.
We want to enhance the relationship. This is nothing to do with being a member of the European Union or not being a member of the European Union. I was really delighted only a couple of weeks ago to be invited as a Culture Minister—I think it is the first time this has happened since Brexit—to the informal meeting of Culture Ministers in Warsaw. There are so many areas in which our cultural relationships are intrinsically linked with Greece, not least in our discussions about Ukraine and security in the eastern Balkans. There are so many areas in culture and security where our geopolitical relationship with Greece is absolutely vital. That is nothing to do with whether we are a member of the European Union. That is why we want to press the reset button on our relationship with the EU.
I will, but it will limit the amount of time I have to respond to the questions.
I welcome the Minister’s opening remarks, particularly about Lord Byron, who, of course, was opposed to Lord Elgin’s actions regarding the removal of the Parthenon sculptures. Clearly, the specific point for today is whether it is possible, under the 1963 Act, for the British Museum to arrange a loan, and whether the Minister and the Government would stand in its way.
If the hon. Gentleman had let me get on to that subject, we would have got there earlier, but he got to make his point—I think he divided the speech he would otherwise have made into two interventions. That is not something that I ever did when I was—
That is the use of irony, which is also, of course, another fundamentally Greek concept.
I want to say at the outset that the marbles are an extraordinarily significant and important part of Greek and—I would argue—western artistic and architectural understanding. Nobody should ever diminish their importance. Indeed, it is upsetting to think of previous moments when the Acropolis was used as an arsenal, and a big explosion ended up destroying large parts of it. That was many centuries ago. The marbles were built between 447 BC and 438 BC by Phidias, who was one of the greatest of all Greek artists and sculptors. He also designed and built the great statue of Zeus at Olympia, which was one of the seven great wonders of the world, along with the hanging gardens of Babylon and so on.
Many of us who have been to see, both here and in Athens, all the different elements of the marbles know how extraordinary they are, although I worry that we do not quite see them in the brilliance that people would have seen them originally. We know now, from lots of research that has been conducted, that they would have been painted or tinted in some way, and they would really have stuck out. The battle of the Centaurs and the Lapiths, and the frieze with the Panathenaic procession, would have looked very different from how we experience them today.
This is a debate that has gone on for 200 years, although I think the first direct bid from the Greek Government to the UK Government was back in 1983, and it was turned down in 1984. I should make some things very clear. First, the Parthenon marbles—or the Elgin marbles, whatever we want to call them—are not the property of the UK Government. That is sometimes misunderstood, because in different countries, parts of the national patrimony are actually under the direct ownership of the Government. We do not have that structure in the UK. From the outset, the British Museum was set up as an independent body. Its trustees are given fiduciary responsibilities under the British Museum Act 1963 now—it was originally under previous Acts before that—and they have to adhere by them. If they do not, they will find themselves in court. That is one of the aspects of this debate that we have to bear in careful consideration.
One of the questions that has been raised fairly regularly is whether it is legally possible for there to be an indefinite loan. I want to be clear about that issue, because I noted that an article in The Daily Telegraph— I think it followed a conversation that the hon. Member for South Leicestershire had with the paper—talked about an indefinite loan. Let me be absolutely clear that the British Museum Act 1963 states in section 3, on the keeping and inspection of collections:
“Subject to the provisions of this Act, it shall be the duty of the Trustees of the British Museum to keep the objects comprised in the collections of the Museum within the authorised repositories of the Museum, except in so far as they may consider it expedient to remove them temporarily for any purpose connected with the administration of the Museum and the care of its collections.”
It is possible for loans to be enabled through an open individual export licence. They are granted by Government, but can be granted only for up to three years. Obviously, the working assumption of anything that is temporary—a temporary licence— is that it is guaranteed that the items are returning. That puts paid under existing law to any idea of an indefinite or permanent loan.
I have read articles where people in Greece say that they are not interested in a loan anyway, because a loan implies that the marbles still belong to the British Museum rather than to Greece. The important point that I am trying to clarify—because I think there has been some misunderstanding—is that under existing law, it would be impossible for there to be a permanent or indefinite loan. The trustees would be required, in seeking a licence to export, to show that they were absolutely certain that the items were returning. I do not think that would be easy if they had arranged a permanent or indefinite loan—the point being that we would have to change the law. The immediate question that the hon. Member may ask is whether we are intending to change the law. We have no intention to change the law.
I will respond to some of the hon. Member’s other questions in writing. He asked about conversations or communications with the Greek Government on this issue since last July. I have met several Ministers, including Culture Ministers and Tourism Ministers, at various different times. The only occasion on which this issue was mentioned was when the Tourism Minister came to see me on 4 November last year, and she very briefly raised the matter. We mostly talked about tourism, but there was a brief mention of the Parthenon sculptures. I will check if there have been any other communications from the Greek Government since last July, but I am not sure there have been. I may be wrong, so I will write to the hon. Member.
There are provisions in the 1963 Act for temporary loans, and my understanding is that the chairman of the British Museum has been in some discussions. We have not been party to those discussions, but he has briefly outlined some of the issues that have arisen, both to me and to the Secretary of State for Culture, Media and Sport. I am not aware of any further developments in that area in recent months. If a suggestion of a temporary loan were to come from the British Museum, there is a process for considering that under existing law, but that would—
Motion lapsed (Standing Order No. 10(6)).
(3 weeks, 3 days ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Ms McVey, I am sure that if you were not in the Chair, you would be participating in this debate, because I know that you have an interest in this area not only as a Member of Parliament, but personally. I am not sure whether there is a recording of your performance in “The Vagina Monologues” years ago, but there are many other recordings of you around, and I am sure you would want to enforce your copyright in relation to them as well.
Today is not only the 48th birthday of my hon. Friend the Member for Bury North (Mr Frith) and Shakespeare’s 461st birthday, but Turner’s 250th birthday. I suppose we could all join in singing “Happy Birthday” since, interestingly enough, it came out of copyright in 2015 because Warner Chappell lost a lawsuit over whether it maintained the copyright. The fact that people had to pay for it is one of the reasons that it rarely appeared in films and instead people ended up singing “For He’s a Jolly Good Fellow”—or “For She’s a Jolly Good Fellow”—which always seemed rather odd.
I will not go through all the individual contributions to the debate, if that is all right with Members, because I want to deal directly with the specific issues as much as I can. My hon. Friend, whom I congratulate on securing the debate, talked about a landing point, and that is what I will try to talk about today.
There are some things that I think we all agree on. First, an honest day’s pay for an honest day’s work is a fundamental principle not just of the Labour party, but of the whole of British society in how we order ourselves. Another hon. Member said that creators deserve to be paid. I completely and utterly agree, and so do the Government. The right hon. Member for Hayes and Harlington (John McDonnell) referred to the performers’ rights framework. He is quite right: that does need some review, and we are looking at it. Interestingly enough, in one of the very early Westminster Hall debates I took part in, way back on 12 June 2002—the hon. Member for Perth and Kinross-shire (Pete Wishart), who is sitting across the Chamber today, led the debate that day—I said that we need to look at the performers’ rights framework. I completely agree that creators need to be remunerated.
Secondly, it is patently wrong to use pirated material to train large language models. I have to be careful, because—I declare my own interest as an author and member of the Society of Authors—it has been noted in several newspapers that my own work was scraped in the use of the Library Genesis dataset by Meta Platforms Inc. Such use is patently wrong and I do not think anybody disagrees with that.
Thirdly, we should never characterise the creative industries as luddites. That is simply and patently untrue. I recently went to Ninja Theory, a video games company in Cambridge. It uses AI all day, every day, as an integral part of making sure that any game it presents is at the cutting edge of modern gaming. The same could be said of so many creative industries, not just about their use of AI but about their use of innovation. I want to knock this on the head: nobody in Government is saying that the creative industries are luddites. It is perfectly legitimate for people to have concerns about their future remunerative stream, and we acknowledge that.
It is not just video games; musicians and people in so many other parts of the creative industries use AI. Indeed, we should not forget that a large chunk of the creative industries is tech companies that are developing AI. As several hon. Members have noted, those companies have their own copyright concerns—otherwise, how will they make a living into the future?—but the irony of some complaining about others stealing their work is not lost on anybody.
Fourthly, the creative industries are already engaging with artificial intelligence. Many of them are engaged in licensing already, and have been from the very beginning. That is not just true for newspapers, many of which have had an easier time delivering that if they have been behind a paywall; a whole series of different licences have now been arranged. I went to the London book fair and spoke to several publishers, all of whom were interested in bringing forward licensing with AI companies and want to do so with all the AI platforms, for the simple reason that, as some of the academic publishers put it, they want AI to be the best version of AI that it can be. A fundamental principle of a pipe is that what comes out of it depends on what is put into it, and the quality of responses produced by AI will depend on the quality of information that has been put into it. Many of the UK’s big academic publishers are trying to license and get remuneration for their work because they want to make sure that AI provides good, modern answers based on solid information.
Fifthly, transparency is vital but not simple, as the hon. Member for Runnymede and Weybridge (Dr Spencer) said. Several hon. Members referred to the European Union, which theoretically has transparency provisions in its legislation, but has yet to come up with a system that is both proportionate, and effective and usable. Frankly, there is no point in somebody dumping a list of millions or billions of URLs that have been scraped and looked at on some kind of website. Whether that was done on a monthly or weekly basis, it would hardly be usable, or a proper, effective means of transparency.
We need to get transparency, and the enforcement of transparency, right. That is why we have consulted on this area. There is a great deal more work that we need to do. I would like to do some of it with allies in other countries who are struggling with this too, but we need to do it with the creative industries and with tech. There must be somebody out there who could make a commercial living out of creating an app that could help us solve the transparency issue, but it is vital that we do so. We need to make sure that there is transparency, because otherwise how can anybody know whether their works have been scraped or not?
I am very reluctant to give way, if only because I have quite a lot of things to get through. I am really sorry. We will have another debate on this issue very soon, I am sure.
Sixthly, several Members referred to people wanting a “legal peace of mind”. I am not reiterating the line about whether or not there is legal certainty; that is not the point I am making. Many individual creators have been in touch with me directly—I am sure that they have been in touch with other hon. Members—to say, “I don’t know where I stand now under the existing law. I understand how Getty Images can go to court and enforce their rights, sometimes on behalf of themselves but also on behalf of the people they represent, but how do I do that for myself when I’ve just posted some of my works online, because I’m advertising my works? I don’t want to disappear from the internet, so the robots.txt system doesn’t work.”
That is a really important area where we need to do work. We have a framework of civil enforcement of copyright in the UK. It is robust and it meets the Berne convention issues that my hon. Friend the Member for Bury North referred to, but it is still easier for those who have lawyers and cash to use it. That is why we have collecting societies, which can be more effective in many areas, but the different segments of the creative industries that we are talking about have to be dealt with differently, because a musician, an artist, a photographer, somebody who writes or somebody whose words or voice are being used are all treated differently, or their rights are enforced differently at present, and we need to make sure that there is that legal peace of mind for all those people into the future.
My hon. Friend said that a technical solution for rights reservation does not yet exist and he is absolutely right. I think a couple of other Members made that point, and I know that the Culture, Media and Sport Committee, which is admirably chaired, has referred to some of these matters, including in a letter to Secretaries of State. But why do we not make it happen? I am determined to make it happen. Surely, it cannot be beyond the wit of the clever people who are developing all this technology to develop something. If we could get to a place where it was very easy for any individual, or everybody—
I only have 45 seconds left, so I am afraid that I cannot; I am sorry.
If we were able to deliver that over the next 12 to 18 months in the UK, then we genuinely would be leading the world and we would be answering the problems of transparency and provenance, and making sure that people were genuinely remunerated. That is one of the things I am determined to do.
My hon. Friend the Member for Slough (Mr Dhesi), who is no longer in his place, said that we must listen to the creative industries before any legislation is introduced. He is 100% correct. I absolutely commit that that is what we will do. Somebody else said that technology is not good or bad; I think they were almost quoting “Hamlet”. I will make the point that artificial intelligence was made for humanity by humanity, not humanity made for artificial intelligence, and we need to make sure that we get the balance right.
Finally, my hon. Friend the Member for Bury North started the debate by saying—because he had to—that we have “considered” the impact of AI on intellectual property. We have not adequately considered it yet. We have to consider it more. We were not intending to legislate in the data Bill, and there is no clause in it, on opt-out. There is no such clause. There is no need to take it out, because it does not exist. I am determined to get us to a place where people are properly remunerated, where they are able to enforce their rights, and where AI can flourish in this country and be used by the creative industries and the creative industries are not left by the wayside. In short, to quote the Bible, we will not sell our birthright for a mess of pottage.
(3 weeks, 4 days ago)
Written StatementsI am pleased to publish an update on the proposal for the construction of a Universal Destinations and Experiences (UDX) theme park and resort in Bedford, further to the Prime Minister’s announcement of the same during recess on 9 April.
We have reached an agreement in principle for Universal to turn the site of the former Kempston Hardwick brickworks, on the outskirts of Bedford, into a 476-acre theme park and entertainment resort complex. The expected multi-billion pound investment from the American company will be one of the most significant investments to be made in the United Kingdom in this Parliament, and is among the largest single investments ever in the UK tourism and entertainment sector.
The benefits of the project are substantial. Universal estimates that it will deliver over £50 billion for the economy by 2055; and that 8.5 million visitors will come to it in its first year of operation in 2031. Over the course of the construction period, 20,000 jobs will be created, with a peak of 5,000 on site at the busiest time. The park and resort will employ 8,000 people in its first year, which is anticipated to rise to 10,000 by the 20th year of operation. Jobs will require skills of all kinds, with opportunities to develop careers in a range of creative, administrative and technical fields. The development is expected to become the biggest visitor attraction in the UK, surpassing our current top attraction of the British Museum. It will be the first Universal theme park in Europe and one of the largest visitor attractions on the continent.
This investment is the Government’s plan for change in action, directly improving the lives of working people and strengthening our country. It aligns with our missions to kick-start economic growth and break down barriers to opportunity—providing valuable opportunities outside of London and our bigger cities for professionals to develop their careers and live meaningful lives.
In November, this Government announced the creative industries as a priority growth-sector, and a key pillar of the upcoming industrial strategy. Universal’s theme park and resort is one demonstration of how this Government are already securing investment in the high-growth sectors that will drive our growth mission.
Part of the reason Universal chose the UK as their European home was due to the strength of our creative industries. From Dua Lipa to Shakespeare, Conan Doyle to Hogwarts, we are a world leader in the arts and creative industries. Universal’s theme park and resort will be another tremendous asset to the sector. It will bring hundreds of jobs in the creative industries, showcase our wonderful British intellectual property, and enhance our soft power, as fans of British creativity across the globe look at the world-class offer in Bedford.
Alongside the creative industries this will boost tourism in the UK. In November of last year, I announced my ambition for the UK to attract 50 million visitors a year by 2050. The tourism industry is larger than our automotive and agricultural industries combined, and is projected to grow in the years ahead. This investment will create a new visitor economy in Bedfordshire, enabling Bedford and the region to showcase proudly all it has to offer to tourists, from the UK and globally. This Government believe everybody across the UK is a part of our national story, so I am proud that this investment puts Bedford at the centre of a new, major tourist attraction.
Government are working hard, together with Universal, to ensure that they can meet the ambitious delivery timelines. Even so, decisions on procurement and intellectual property rest entirely with Universal and as such they will be the first to share updates in those areas. Of course we have gone to great lengths to champion the strengths of British companies and intellectual property.
The Government are also working closely with Bedford borough council. It is essential that local voices and experience should be woven into any delivery of policy, projects and programmes; and given the scale of change and the transformational impact on the area, the imperative to do so is even greater. The council has shown commendable dedication so far to this project.
The Department would welcome the support of colleagues across both Houses for this transformational investment.
[HCWS590]
(3 weeks, 4 days ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Finally, somebody speaks up for the robots. We have been waiting for centuries. The robots have been clamouring outside, waiting for the moment when somebody would speak up for them, and I am sure that they will be delighted about the way that my hon. Friend the Member for Rugby (John Slinger) has done so today.
My hon. Friend made a point right at the beginning about the cultural aspects of how we view the word robotic, which was interesting, was it not? If we say that a politician is robotic, we somehow dismiss them and think that that is inappropriate. Instead, it might actually mean that they are accurate, precise and do things on time. In addition—I suppose this is because I am the Minister for the creative industries—it makes me think of “Hamlet”. Are robotics good or bad? Well, as it says in “Hamlet”:
“There is nothing either good or bad but thinking makes it so.”
I think that is part of the problem we have here. For some reason or other, we have decided that automation is bad, but actually my hon. Friend is quite right to say that in so many different regards it can only possibly be good.
Often, robotics can take away the drudgery from a repetitive process that a human being might find difficult to maintain in as accurate a way as a robot. It can enhance productivity; several Members who are not even obsessed with this matter are none the less interested in how we can improve our productivity in the UK, because it is one of the ways in which we fail economically. Robotics can also improve the quality and reliability of a product. So, a business that significantly invests in automation can end up, despite the up-front capital costs, recouping that investment much faster than it would if it had relied on other means of producing its goods.
Automation is not about stealing jobs; it is about enabling humans to do other things, including other jobs where human creativity and human ability and the relationship of one human to another may be more important than the repetitive element of the work.
My hon. Friend referred to running the London marathon and asked whether robots can run a marathon for us. I do not think that is the point of a marathon. The point of a marathon is that it is far too long; it is a preposterously lengthy race. I have run the London marathon three times. I had decided that I was not going to race against anybody else; I was just racing against myself, to get to the end. That is my advice to him about how to run a marathon. It was all going swimmingly until I got to the very end—to the last 200 yards—and two women dressed as Bakewell tarts overtook me. Then, I was very upset and decided that I was going to beat the tarts, and I did. However, the point is that there are things where only we humans can compete and where only we can make a difference.
Robotics can also provide solutions to pressing social problems, including autonomous vehicles for transport, which we have not referred to yet, and robotic maintenance and monitoring, supporting clean energy transition. Robotic innovations can also enhance social care, which might be a very significant part of improving productivity and the quality of the care that can be provided, so that the personal human involvement is not about doing the drudgery.
Robotics can also help with surgery in hospitals. It is depressing that we have lagged behind many other countries in bringing, for instance, laparoscopic robotics into hospitals up and down the land. I had two such operations last year; if tea is poured into me, it just pours out as if I were a colander. The significant improvement in the amount of time, the accuracy, the safety and the lack of infection that laparoscopic robotics can provide in surgery is absolutely significant. For instance, as in my case, the ability to remove a melanoma from inside a lung—collapsing the lung and then removing the melanoma—is quite extraordinary and would never have been possible unless we brought automation into the system. However, that requires capital investment.
My hon. Friend is absolutely right that we are not a world leader in automation; I wish we were. I have slightly different figures from his—mine might be a year out of date—but I think that, according to the International Federation of Robotics, we were 24th in the world in 2023, but it may be that in 2024 we were 23rd in the world. My hon. Friend pointed out that we are not in the top 10—we are the only G7 country not to be, which is an embarrassment for us. This country has innovated in so many areas, although once we have innovated we have sometimes found it difficult to take things to market and get them invested in—other countries have been better at that—so that is one of the things that the Government need to address. That is shameful. As several Members said, it is part of the problem with our productivity. If we could only get to par with others in the top 10, we would improve our productivity by roughly 20%. British Ministers have been dreaming of that kind of significant improvement in productivity for the past 15 or 20 years, because that would enable the economy to grow far more significantly.
My hon. Friend had a different figure for the significant improvement that we could see in gross value added. My figure is that £150 billion could be added to our GVA by 2035 if we seize hold of the opportunities that robotics and automation provide.
My hon. Friend referred to some of the problems. As I said earlier, I think one of the problems is reluctance. That is partly due to an ethical question: how do we ensure that people do not lose jobs but find different jobs in which they are more effective, productive and engaged? There are also some moral anxieties about robotics—perhaps some of the films that we have produced over the years, which he wittily referred to, have not entirely helped in that.
Another issue is access to cash—in particular, to capital financing. In the discussions I have had as a Department for Science, Innovation and Technology Minister, people from the industry have repeatedly said to me, “It is easier if you are in London and the south-east than it is if you are in the rest of the United Kingdom.” That is another aspect that we need to change. These issues are about automation not just here in London but throughout the United Kingdom, and in so many different sectors. I have responsibility for space, and obviously robotics and automation are a key part of delivering an ambitious space programme in future years. I believe we can be a world leader if we focus on the things that we are particularly good at, and where we have a unique contribution to make, but I am conscious that we need to get the security aspects right.
There are things that we are already doing. As my hon. Friend knows, the Government have a Made Smarter adoption programme, whose budget we doubled to £16 million a year, starting from 1 April 2025. That will undoubtedly make a difference. As he said, we are developing an industrial strategy. Members might think that the country should always have an industrial strategy, a bit like they might think that we should always have a digital inclusion strategy. Those two things have to go hand in hand. We are developing an industrial strategy and, just as in space, we are rightly focusing on the things where we have a unique capability. Through the Department for Business and Trade, we have decided to focus on sectors where we think there is an opportunity for economic growth and where the UK has something special to offer.
I am really glad that the advanced manufacturing plan includes work on robotics, which is key to several elements of advanced manufacturing. I am slightly in danger here, because I have read it and I cannot tell my hon. Friend what is in it given that we will be publishing it later, but it has not got to its final draft yet. I think that a lot of things that he has been saying will be reflected in that document.
My hon. Friend said that this was not about AI, but sometimes robotics and automation are referred to as “embodied AI”. Obviously, there are significant elements of robotics that work best when they include a learning capacity. That is why I am really proud of the AI opportunities action plan that we launched earlier this year. It has 50 different proposals. We are taking action in relation to all 50, and have been consulting on two. That includes looking at the AI skills gap—a significant aspect, which hon. Friend mentioned. We need to make sure that we have the skills in the UK to develop automation.
Likewise, we have to look at whether we have enough AI graduates coming out of universities, or even starting in that education process. That too is not just a matter for one part of the country; it is a matter for economic growth throughout the country. We also need to increase the diversity of the talent pool that comes into that world. It is not just in one industry, such as automotives, where that might be significant, but a whole series of industries—nearly every one—and also lots of our public services that could be better delivered using embodied artificial intelligence. Similarly, we need to look at the education pathways into AI, and therefore into robotics as well.
Part of DSIT’s funding to UK Research and Innovation goes to Innovate UK, which is responsible for the catapult centres. That includes the one to which my hon. Friend has already referred, the high value manufacturing catapult. DSIT is providing £8.8 billion to UKRI in this financial year; Innovate UK will receive £948 million of that. The high value manufacturing catapult is a strategic research and innovation hub for industry, commercialising the UK’s most advanced manufacturing ideas. The seven centres help businesses to transform the products they sell, the way they make them and the skills of their workforce, to remain competitive globally.
I am delighted that, as has been mentioned, we have had a historic debate on automation. I hope I have not provided a robotic answer to my hon. Friend’s questions. I very much hope that when we produce our industrial strategy in the next few weeks and months, he will be proud to say that we are embracing and fully behind this drive for greater productivity through greater automation, while always holding on to the belief that it is not about replacing people’s jobs. It is about enabling people, with that human element, to play the human role they need to play in whatever industry it may be, whether the creative or automotive or other. My final thought is that the marathon is far too long a distance. I wish him well. I hope he comes in at more than three hours and 24 minutes.
Question put and agreed to.