Online Safety Bill

Debate between Damian Collins and Chris Philp

Report stage
Tuesday 12th July 2022 Commons Chamber

[Damian Collins]

The Joint Committee’s recommendation was for a restructuring of the Bill, so that rather than having general duty of care responsibilities that were not defined, we defined those responsibilities based on existing areas of law. The core principle behind the Bill is to take things that are illegal offline, and to regulate such things online based on the legal threshold. That is what the Bill does.

In schedule 7, which did not exist in the draft phase, we have written into the Bill a long list of offences in law. I expect that, as this regime is created, the House will insert more regulations and laws into schedule 7 as priority offences in law. Even if an offence in law is not listed in the priority illegal harms schedule, it can still be a non-priority harm, meaning that even if a company does not have to look for evidence of that offence proactively, it still has to act if it is made aware of the offence. I think the law gives us a very wide range of offences, clearly defined against offences in law, where there are clearly understood legal thresholds.

The question is: what is to be done about other content that may be harmful but sits below the threshold? The Government have made it clear that we intend to bring forward amendments that set out clear priorities for companies on the reporting of such harmful content, where we expect the companies to set out what their policies are. That will include setting out clearly their policies on things such as online abuse and harassment, the circulation of real or manufactured intimate images, content promoting self-harm, content promoting eating disorders or legal suicide content—this is content relating to adults—so the companies will have to be transparent on that point.

[Chris Philp (Croydon South) (Con)]

I congratulate the Minister on his appointment, and I look forward to supporting him in his role as he previously supported me in mine. I think he made an important point a minute ago about content that is legal but considered to be harmful. It has been widely misreported in the press that this Bill censors or prohibits such content. As the Minister said a moment ago, it does no such thing. There is no requirement on platforms to censor or remove content that is legal, and amendment 71 to clause 13 makes that expressly clear. Does he agree that reports suggesting that the Bill mandates censorship of legal content are completely inaccurate?

[Damian Collins]

I am grateful to my hon. Friend, and as I said earlier, he is absolutely right. There is no requirement for platforms to take down legal speech, and they cannot be directed to do so. What we have is a transparency requirement to set out their policies, with particular regard to some of the offences I mentioned earlier, and a wide schedule of things that are offences in law that are enforced through the Bill itself. This is a very important distinction to make. I said to him on Second Reading that I thought the general term “legal but harmful” had added a lot of confusion to the way the Bill was perceived, because it created the impression that the removal of legal speech could be required by order of the regulator, and that is not the case.

--- Later in debate ---

[Chris Philp]

I did of course hear what was said by my right hon. Friend the Member for Haltemprice and Howden (Mr Davis). To be honest, I think that increased scrutiny of content which might constitute abuse of harassment, whether of women or of ethnic minorities, is to be warmly welcomed. The Bill provides that the risk assessors must pay attention to the characteristics of the user. There is no cross-reference to the Equality Act—I know the hon. and learned Lady has submitted a request on that, to which my successor Minister will now be responding—but there are references to characteristics in the provisions on safety duties, and those characteristics do of course include gender and race.

In relation to the risk that these duties are over-interpreted or over-applied, for the first time ever there is a duty for social media firms to have regard to freedom of speech. At present these firms are under no obligation to have regard to it, but clause 19(2) imposes such a duty, and anyone who is concerned about free speech should welcome that. Clauses 15 and 16 go further: clause 15 creates special protections for “content of democratic importance”, while clause 16 does the same for content of journalistic importance. So while I hugely respect and admire my right hon. Friend the Member for Haltemprice and Howden, I do not agree with his analysis in this instance.

I would now like to ask a question of my successor. He may wish to refer to it later or write to me, but if he feels like intervening, I will of course give way to him. I note that four Government amendments have been tabled; I suppose I may have authorised them at some point. Amendments 72, 73, 78 and 82 delete some words in various clauses, for example clauses 13 and 15. They remove the words that refer to treating content “consistently”. The explanatory note attached to amendment 72 acknowledges that, and includes a reference to new clause 14, which defines how providers should go about assessing illegal content, what constitutes illegal content, and how content is to be determined as being in one of the various categories.

As far as I can see, new clause 14 makes no reference to treating, for example, legal but harmful content “consistently”. According to my quick reading—without the benefit of highly capable advice—amendments 72, 73, 78 and 82 remove the obligation to treat content “consistently”, and it is not reintroduced in new clause 14. I may have misread that, or misunderstood it, but I should be grateful if, by way of an intervention, a later speech or a letter, my hon. Friend the Minister could give me some clarification.

[Damian Collins]

I think that the codes of practice establish what we expect the response of companies to be when dealing with priority illegal harm. We would expect the regulator to apply those methods consistently. If my hon. Friend fears that that is no longer the case, I shall be happy to meet him to discuss the matter.

[Chris Philp]

Clause 13(6)(b), for instance, states that the terms of service must be

“applied consistently in relation to content”,

and so forth. As far as I can see, amendment 72 removes the word “consistently”, and the explanatory note accompanying the amendment refers to new clause 14, saying that it does the work of the previous wording, but I cannot see any requirement to act consistently in new clause 14. Perhaps we could pick that up in correspondence later.

[Damian Collins]

If there is any area of doubt, I shall be happy to follow it up, but, as I said earlier, I think we would expect that if the regulator establishes through the codes of practice how a company will respond proactively to identify illegal priority content on its platform, it is inherent that that will be done consistently. We would accept the same approach as part of that process. As I have said, I shall be happy to meet my hon. Friend and discuss any gaps in the process that he thinks may exist, but that is what we expect the outcome to be.

[Chris Philp]

I am grateful to my hon. Friend for his comments. I merely observe that the “consistency” requirements were written into the Bill, and, as far as I can see, are not there now. Perhaps we could discuss it further in correspondence.

Let me turn briefly to clause 40 and the various amendments to it—amendments 44, 45, 13, 46 and others—and the remarks made by the shadow Minister, the hon. Member for Pontypridd (Alex Davies-Jones), about the Secretary of State’s powers. I intervened on the hon. Lady earlier on this subject. It also arose in Committee, when she and many others made important points on whether the powers in clause 40 went too far and whether they impinged reasonably on the independence of the regulator, in this case Ofcom. I welcome the commitments made in the written ministerial statement laid last Thursday—coincidentally shortly after my departure—that there will be amendments in the Lords to circumscribe the circumstances in which the Secretary of State can exercise those powers to exceptional circumstances. I heard the point made by the hon. Member for Ochil and South Perthshire that it was unclear what “exceptional” meant. The term has a relatively well defined meaning in law, but the commitment in the WMS goes further and says that the bases upon which the power can be exercised will be specified and limited to certain matters such as public health or matters concerning international relations. That will severely limit the circumstances in which those powers can be used, and I think it would be unreasonable to expect Ofcom, as a telecommunications regulator, to have expertise in those other areas that I have just mentioned. I think that the narrowing is reasonable, for the reasons that I have set out.

--- Later in debate ---

[Damian Collins]

I agree with my hon. Friend on both points. I discussed the point about researcher access with him last week, when our roles were reversed, so I am sympathetic to that. There is a difference between that and the researcher access that the Digital Services Act in Europe envisages, which will not have the legal powers that Ofcom will have to compel and demand access to information. It will be complementary but it will not replace the primary powers that Ofcom will have, which will really set our regime above those elsewhere. It is certainly my belief that the algorithmic amplification of harmful content must be addressed in the transparency reports and that, where it relates to illegal activities, it must absolutely be within the scope of the regulator to state that actively promoting illegal content to other people is an offence under this legislation.

[Chris Philp]

On my hon. Friend’s first point, he is right to remind the House that the obligations to disclose information to Ofcom are absolute; they are hard-edged and they carry criminal penalties. Researcher access in no way replaces that; it simply acts as a potential complement to it. On his second point about algorithmic promotion, of course any kind of content that is illegal is prohibited, whether algorithmically promoted or otherwise. The more interesting area relates to content that is legal but perceived as potentially harmful. We have accepted that the judgments on whether that content stays up or not are for the platforms to make. If they wish, they can choose to allow that content simply to stay up. However, it is slightly different when it comes to algorithmically promoting it, because the platform is taking a proactive decision to promote it. That may be an area that is worth thinking about a bit more.

[Damian Collins]

On that point, if a platform has a policy not to accept a certain sort of content, I think the regulators should expect it to say in its transparency report what it is doing to ensure that it is not actively promoting that content through a newsfeed, on Facebook or “next up” on YouTube. I expect that to be absolutely within the scope of the powers we have in place.

[Chris Philp]

In terms of content that is legal but potentially harmful, as the Bill is drafted, the platforms will have to set out their policies, but their policies can say whatever they like, as we discussed earlier. A policy could include actively promoting content that is harmful through algorithms, for commercial purposes. At the moment, the Bill as constructed gives them that freedom. I wonder whether that is an area that we can think about making slightly more prescriptive. Giving them the option to leave the content up there relates to the free speech point, and I accept that, but choosing to algorithmically promote it is slightly different. At the moment, they have the freedom to choose to algorithmically promote content that is toxic but falls just on the right side of legality. If they want to do that, that freedom is there, and I just wonder whether it should be. It is a difficult and complicated topic and we are not going to make progress on it today, but it might be worth giving it a little more thought.

I think I have probably spoken for long enough on this Bill, not just today but over the last few months. I broadly welcome these amendments but I am sure that, as the Bill completes its stages, in the other place as well, there will be opportunities to slightly fine-tune it that all of us can make a contribution to.

English Football League Governance: Derby County FC

Debate between Damian Collins and Chris Philp

Tuesday 18th January 2022 Commons Chamber

[Chris Philp]

The hon. Gentleman raises an important issue. A number of people have concerns about the role that agents play—not least football clubs, managers and indeed sometimes players themselves. It is a slightly, and I choose my words diplomatically, opaque—I was going to say murky—business. As the Sports Minister responds to the fan-led review, this will be an issue that he addresses.

[Damian Collins (Folkestone and Hythe) (Con)]

It is the failure of football governance that has created the problem at Derby. In this crisis, once again, the fans see that no one is interested in their concerns, the long-term future of the club or the impact on the people of Derby. If the EFL had enforced its financial rules effectively, this would not have happened, yet it is the EFL’s rules that will trigger Derby’s expulsion from the league by insisting that all football debts and liabilities are met. The regulator that my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) proposes in her report will stop this happening, but not before 1 February. Is the Minister prepared to consider what other direct interventions DCMS might make to keep Derby County in business?

[Chris Philp]

If the current system had been functioning perfectly or properly, there would have been no need for the fan-led review. There are certainly shortcomings, as my hon. Friend points out, which the fan-led review is designed to address. On the way in which the EFL’s rules may have precipitated or triggered the current situation, I repeat my call and, I think, the call of all hon. Members on both sides of the House for pragmatism from those involved, including the EFL, to get this matter resolved as quickly as possible to save a great club.

Napier Barracks Asylum Accommodation

Debate between Damian Collins and Chris Philp

Thursday 10th June 2021 Commons Chamber

[Chris Philp]

First, the Select Committee Chair should take into account the context that pertained last September: 60,000 people needed to be accommodated in the middle of a pandemic—an increase of 12,000 people in just the space of a few months. With the best will in the world, it is operationally extremely difficult to accommodate 60,000 people in a pandemic—an extra 12,000 people at a matter of a few weeks or a few months’ notice.

The reality is that in the middle of a pandemic outbreaks in some places occur. We have had outbreaks in the hotels that have been used. In other parts of Government—in prisons and other places—there have been covid outbreaks. We have had covid going around Parliament as well. I have caught covid myself; in fact, 5 million people have tested positive for covid. The virus knows no boundaries, and it is very difficult to manage 60,000 people in those circumstances. The measures taken to combat covid on site included rigorous cleaning built into the contract, hand sanitisers, social distancing, personal cleaning equipment provided to service users, isolating and cohorting arrangements. They have now been enhanced further, with more cleaning, staggered access to communal areas and, three times a week, lateral flow testing. We have also reduced the numbers currently on the site.

Public Health England wrote to the Select Committee Chair on 1 June. I have the letter in front of me. In the second paragraph, it says:

“PHE has been in a positive ongoing dialogue and working collaboratively with Home Office (HO) colleagues on a range of COVID-19 related issues since spring 2020.”

Moreover, public health guidance published on gov.uk on 15 December 2020, which she will be aware of, said that ideally accommodation providers would

“identify single-rooms with en suite bathroom facilities”.

That is difficult to do for 60,000 people. However, it then said that

“if single occupancy accommodation is not available”—

thus acknowledging that that will not be possible in all cases—

“accommodation where cohorting is possible should be provided”.

We have maintained a close dialogue with Public Health England. Where possible we have followed its guidelines, and a number of improvements have been made in recent months.

[Damian Collins (Folkestone and Hythe) (Con)]

Whatever people’s view on the asylum situation in this country, people in Folkestone are united in their opposition to the use of Napier barracks in this way. It has been destructive to the community, not least because the barracks have been the focal point of protests—both people protesting about migrant crossings and people protesting about the use of the barracks. It has been a drain on other public services as well. Does the Home Office intend to renew its lease on Napier barracks, which expires in September?

[Chris Philp]

I thank my hon. Friend for his question and for the tireless work that he has done on behalf of his constituents, liaising with the Home Office, Kent County Council, Folkestone and Hythe District Council and others, and representing his constituents extremely effectively. Unfortunately, very often the local population is not terribly keen on accommodation centres of this kind, for the reasons that he outlined.

We are obviously working hard to mitigate those impacts. Kent police, for example, have received extra funding, and we are working closely with the local health service. The current arrangements on the site are due to run until September. No decision has been made beyond that, but I assure my hon. Friend that he will be closely engaged with at all stages as any further decision is taken.

Oral Answers to Questions

Debate between Damian Collins and Chris Philp

Monday 8th February 2021 Commons Chamber

[Damian Collins (Folkestone and Hythe) (Con)]

What steps her Department is taking to reform the asylum system.

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

The asylum system is in need of fundamental reform, and the Home Secretary and I will be introducing legislation in the relatively near future to do exactly that. Too many people come into the UK having first passed through a safe country—for example, France—without having claimed asylum there. We are determined that we are going to have an asylum system that will protect those people in genuine need of protection while preventing the abuse that we sadly too often see.

[Chris Philp]

I would certainly be happy to meet my hon. Friend to discuss the particular case that he raises, and I will follow up to arrange that. I agree that we need to do more to speed up the system. Coronavirus has had a significant impact on asylum decision making, as it has on so many other areas of our public life. In the short term, we are hiring considerably more decision makers, we are introducing better IT and we are spending £20 million next year on system transformation, but beyond that, we need to legislate to make the system work more fairly and more efficiently, for the reasons that my hon. Friend has laid out.

[Damian Collins [V]]

Can my hon. Friend confirm that Napier barracks in Folkestone is only a temporary facility to accommodate people in the asylum system, that it is unsuitable for individuals to be placed there for prolonged periods, and that, post-covid and with a reformed asylum system that is swifter in processing applications, we should avoid using facilities such as this in the future?

[Chris Philp]

I can confirm that Napier was set up in response to the enormous pressures placed on our asylum system by the coronavirus pandemic. We have set it up in such a way as to be safe, and it is of course accommodation that was previously used by the brave men and women of our armed services. We ensure that it is clean and secure and that there is health provision on site. It is not intended for use in perpetuity. I know that my hon. Friend spoke to the Home Secretary over the weekend, and we would be very willing to maintain a close and active dialogue with him and the local council to ensure that it is managed as well as it possibly can be.

Oral Answers to Questions

Debate between Damian Collins and Chris Philp

Tuesday 8th December 2020 Commons Chamber

[Chris Philp]

The shadow Minister makes reference to a reduction of trial numbers last year. Of course, that is because crime is significantly down since 2010, when Labour left office. If there are fewer crimes being committed, there will be fewer trials in consequence; that is a symptom of success. The outstanding case load in 2019 was in fact at a 10-year low.

As I have said already, we are fully committed to making sure that the justice system recovers from the pandemic. That is why we have more Crown court jury trial rooms open now than we did before the pandemic, we are consulting on having extended operating hours to allow more cases to be heard, we have put £110 million of extra money in, we have recruited 1,600 extra staff—[Interruption.] It is working, as evidenced by the fact that there are more magistrates court trials now than there were before the pandemic and disposals are exceeding receipts. We will continue this work and make sure that the recovery in this jurisdiction continues to lead the world.

[Damian Collins (Folkestone and Hythe) (Con)]

What discussions he has had with Cabinet colleagues on bringing forward legislative proposals to strengthen sentencing to tackle homophobia in football.

Oral Answers to Questions

Debate between Damian Collins and Chris Philp

Monday 9th November 2020 Commons Chamber

[Chris Philp]

I must try to be diplomatic in the way I answer that question. There are a variety of motives, which probably include things such as language. The simple truth is that if people are seeking protection, France has a fully functioning asylum system. It is a safe and civilised country, and there is no reason to attempt and no excuse for attempting this crossing. That is why anyone in need of protection should avail themselves of it by claiming asylum in France and not attempting this dangerous crossing.

[Damian Collins]

As the Minister knows, this problem has been getting worse throughout the year. We are seeing tragic loss of life and concern for communities on the channel coast because of this problem, which is profiting people-trafficking gangs. What progress is being made, either in preventing more crossings from leaving France in the first place or in stopping boats at sea and returning them to the French coast? If the migrants can see that they cannot get into the country in this way, fewer of them will try.

[Chris Philp]

My hon. Friend is right to point out that this trade is facilitated by dangerous and ruthless criminals. On activity with the French, we are working with them to prevent embarkations and we are funding gendarmes who patrol the beaches. In fact, the French authorities have successfully stopped nearly 5,000 crossings this year so far. We are in the process of actively investigating action at sea because, as my hon. Friend says, if it is obvious that nobody can make it across, they will stop attempting such dangerous crossings in the first place.

We are also working to return under the Dublin regulations people who do get across—in fact, this week there are three flights, some of which will contain cross-channel migrants being returned under the Dublin regulations. By a combination of law enforcement on French beaches, potential action at sea and returns, we can remove the reason for even trying such crossings in the first place.

Channel Crossings in Small Boats

Debate between Damian Collins and Chris Philp

Wednesday 2nd September 2020 Commons Chamber

[Chris Philp]

I unreservedly condemn the incidents that the hon. Gentleman is describing, and the police have the Home Office’s full support in protecting people from such unacceptable abuse.

[Damian Collins (Folkestone and Hythe) (Con) [V]]

This problem has got worse throughout this year, and one consequence is that children in the asylum system are largely accommodated in Kent. The leader of the county council said that there were 589 in August, despite the fact that the safe number is considered to be 231, under the national transfer scheme. What can the Minister say about this situation? Will the Government do more to make sure that children are accommodated safely in the asylum system away from Kent, and not just principally in Kent? Will they make sure the county council has the resources it needs to care for the children it is supporting at the moment?

[Chris Philp]

We increased, back in June, the funding that Kent and other authorities accommodating large numbers of UASCs receive, but I recognise that Kent bears a disproportionately large share of UASCs. My local authority of Croydon also does, because Lunar House is in Croydon. I have been in regular contact with Roger Gough, the leader of Kent County Council, and I pay tribute to him and his team for the work they have done. We have been rapidly working with other local authorities around the country to transfer UASCs from Kent to other authorities—I thank those other authorities for the response they have so far demonstrated—and by doing that I hope that we are able to ease the pressure that Kent has been under, which I fully acknowledge. We are working to reduce the pressure that my hon. Friend has accurately described.