5G Network and Huawei

John Spellar Excerpts

Monday 27th January 2020 Commons Chamber

[Matt Warman]

My right hon. and learned Friend very much invites me to pre-empt the decision. I can, of course, say with absolute certainty that any decision will be made after intense engagement with the advice of the agencies. That will, of course, by its nature, have to consider the long-term consequences of the decision, so the short answer to his question is: yes, and yes.

[John Spellar (Warley) (Lab)]

I am puzzled by the accusations of US protectionism, because European companies, such as Ericsson and Nokia, have a long record of technical expertise. Is not the real problem the Treasury’s short-term doctrine of cheapest is best, even if the company is heavily subsidised and supported by its Government? Why are we putting our security and our economic relationship with long-term allies at risk just to save a few bob?

[Matt Warman]

The right hon. Gentleman is right on one level—there is a cost component to any of these decisions—but these decisions are made primarily by commercial organisations, when it comes to the roll-out of their networks. The Government have a crucial role to play in making sure that they have the best possible advice. As I said, we as a Government will always put national security as the top consideration.

Draft Data Protection, Privacy and Electronic Communications (Amendments Etc.) (EU Exit) Regulations 2019

John Spellar Excerpts

Thursday 14th February 2019 General Committees

[The Minister for Digital and the Creative Industries (Margot James)]

I beg to move,

That the Committee has considered the draft Data Protection, Privacy and Electronic Communications (Amendments Etc.) (EU Exit) Regulations 2019.

It is a pleasure to serve under your chairmanship, Mr Evans. Much of our current data protection framework derives from EU measures—namely the General Data Protection Regulation and the law enforcement directive—over which our Information Commissioner’s Office and UK civil servants have had considerable influence.

When the UK leaves the EU, the GDPR will no longer have direct effect on our law. It will however be retained in domestic law through the European Union (Withdrawal) Act 2018. A number of deficiencies will arise in this as a result of our leaving the Union. The purpose of the draft instrument is to ensure that UK data protection law continues to be operable after exit, and that the protections for data subjects and the obligations on data controllers and processors remain in place after we have left the European Union.

[John Spellar (Warley) (Lab)]

Does the Minister envisage the Government and, indeed, Parliament taking the opportunity to deal with some of the ludicrous interpretations of GDPR legislation, which lead to massive amounts of bureaucracy in both the public and private sectors?

[Margot James]

The right hon. Gentleman makes a valid point. I do not think that it pertains to this particular statutory instrument, but I am sure that if he requested a debate on those important matters, he would find a ready audience of hon. Members to participate in it.

Many of the changes made to the GDPR by the draft regulations are minor or technical, and replace European Union-related terminology with UK equivalents. In my remarks, I will cover a number of more complex issues relating to international transfers of personal data, extraterritorial application of the UK GDPR, regulatory co-operation, and our approach to what is known as “applied GDPR”.

On international transfers, the GDPR and part 3 of the Data Protection Act 2018 restrict the transfer of personal data to third countries, unless certain safeguards are met. One of those safeguards is a third country, or a sector within the country, being deemed “adequate” by the European Commission. If deemed “adequate”, data can flow freely to that country or sector. In the absence of an adequacy decision, data can still be transferred, but the onus is on controllers to make sure that alternative safeguards are in place to provide sufficient levels of protection.

The Commission will not be able to make adequacy decisions on behalf of the UK post exit. The regulations transfer that function and the function of preparing model contractual clauses to the Secretary of State. To minimise any disruption to established data flows from the UK to the EU post exit, the regulations add a number of transitional provisions to the 2018 Act. That includes a provision to continue to treat EU member states, other European economic area countries and Gibraltar as adequate in relation to processing under the UK GDPR.

Similar provision is made for personal data transferred to third countries for law enforcement purposes under part 3 of the Data Protection Act 2018. That permits transfers to third countries where the European Commission has found a country, territory or sector adequate under article 36 of the law enforcement directive. For law enforcement processing covered by part 3 of the 2018 Act, EU member states and Gibraltar will be treated as adequate to preserve the flow of critical law enforcement data to those places.

The provisions included in the regulations will allow UK businesses to continue to transfer data to their partners in the EU without any interruption. We propose to adopt a similar approach for countries that had been deemed adequate by the EU Commission by the time the draft regulations were laid before Parliament. That includes the EU’s decision on companies participating in the Privacy Shield scheme in the United States. Further regulations will shortly be introduced to clarify that personal data can be transferred only to those US companies that have updated their Privacy Shield commitment to include the UK.

The draft regulations do not refer specifically to the EU’s adequacy decision in relation to Japan, which was made after they were laid before Parliament, but we will work with the Japanese Government to consider what, if anything, is required in our domestic law to reflect that development. Where UK organisations rely on standard contractual clauses approved by the EU Commission as an adequate safeguard for transfers to other third countries, further transitional provisions will mean that they can continue to rely on those contracts.

Let me outline the draft regulations’ approach to the extraterritorial provisions in the GDPR. The GDPR applies not only to data controllers based in the EEA, but to data controllers based outside the EEA processing EEA data for the purpose of providing goods and services or monitoring individuals’ behaviour. Where a data controller outside the EEA is systematically processing data of EEA residents, it is required to appoint a representative in the EEA to act as a contact point for EEA supervisory authorities. To ensure that there will be no dilution in data protection standards when the UK leaves the EU, the draft regulations preserve the GDPR’s extraterritorial approach. In practice, that means that the UK GDPR will apply to certain data controllers based outside the UK that are processing data or monitoring the behaviour of data subjects in the UK. We have preserved article 27, which requires data controllers and processors based abroad who are systematically processing the data of people in the UK to appoint a representative in the UK.

Let me turn to regulatory co-operation. Articles 60 to 76 of the GDPR focus on how supervisory authorities in the EEA will work together to investigate data breaches that might affect people in more than one country. They also make provision about the supervisory authorities sharing guidance and best practice through the European Data Protection Board. If the UK leaves the EU without a deal, there will be no automatic right for the Information Commissioner to sit on the EDPB or participate in the GDPR’s one-stop-shop mechanism, so those provisions have been omitted from the UK GDPR. Even with a deal, the automatic right for the Information Commissioner’s Office to sit on the EDPB is not yet assured.

The draft political declaration makes it clear that the EU and the UK should continue to collaborate on data after we leave the EU. The draft regulations will retain article 50 of the GDPR in our law, ensuring that EU and UK data protection authorities will have a common basis for developing international co-operation mechanisms.

I will now outline what our exit from the EU might mean for “applied GDPR”, as provided for by the Data Protection Act. The Act creates a separate regime that provides for standards broadly equivalent to the GDPR to apply to processing activities that are outside the scope of EU law and not covered by parts 3 or 4 of the Act. As a matter of domestic law, the GDPR will not apply directly to any general processing activities when we leave the EU, so we can simplify matters by recreating a single regime for all general processing activities, including those that were previously covered by the applied GDPR. Provisions in the Data Protection Act that created or referred to the applied GDPR have therefore been removed from all relevant legislation. The draft regulations make it clear that the new single regime covers matters outside the scope of EU competence prior to the UK’s departure from the EU. The existing exemptions relating to national security and defence in the applied GDPR will be retained in the merged regime to ensure that the intelligence community can continue to carry out its vital work.

As I have set out, our approach is an appropriate way of addressing the deficiencies in data protection law resulting from the UK leaving the EU. I commend the draft regulations to the Committee.

Oral Answers to Questions

John Spellar Excerpts

Thursday 1st November 2018 Commons Chamber

[The Secretary of State for Digital, Culture, Media and Sport (Jeremy Wright)]

I should say at the outset—

[John Spellar (Warley) (Lab)]

Where’s Tracey then? Where is the Sport Minister?

[Jeremy Wright]

I am about to explain. The Under-Secretary of State for Digital, Culture, Media and Sport, my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch), has been visiting the United States this week for meetings, including a White House roundtable on doping in sport, and she is travelling back this morning.

I can tell the hon. Member for Bolton North East (Sir David Crausby) that, over the next four years, almost £100 million of public money will help to build and upgrade artificial and grass pitches, encourage greater participation and enhance coaching programmes. He will also be aware that football is benefiting from £100 million a year up to 2019 from the Premier League, and I have begun discussions about ensuring that investment remains at least at that level for the next three years.

Football: Safe Standing

John Spellar Excerpts

Monday 25th June 2018 Westminster Hall

[Luke Hall (Thornbury and Yate) (Con)]

I beg to move,

That this House has considered e-petition 207040 relating to allowing Premier League and Championship football clubs to introduce safe standing.

I am delighted to have the opportunity to open this debate on what is clearly an incredibly important issue for football supporters across the country. The petition was launched by supporter Owen Riches and calls for current legislation to be changed to allow football stadiums in the top two divisions of English football to install safe standing in certain areas. I commend Owen for the hard work and passion he has invested in his campaign and for all the time he has taken to work with my office ahead of the debate.

I represent Yate in South Gloucestershire and my local club, Yate Town football club, was the first in the UK at which supporters watched from rail seats in 2011. Our country has both a glorious heritage and an enduring past in football ground safety. It is therefore vital that we debate the issue with the respect it warrants. It is right that we seek to ensure that football supporters across England and Wales have the best possible match day experience but equally important to remember the lessons the football world has learnt and why changes were first introduced.

[John Spellar (Warley) (Lab)]

The hon. Gentleman rightly indicates that there is a case to be made. Indeed, West Bromwich Albion, based in my constituency, produced a very well researched case for safe standing at The Hawthorns, looking at national and international experiences. Can he imagine the disappointment when the proposal was slapped down by the Minister?

[Luke Hall]

I will talk about specific clubs later on. Standing was common practice at football grounds across the country until Lord Justice Taylor’s recommendations were acted on following the 1989 Hillsborough disaster. The findings from the final report in 1990 have shaped supporter safety ever since, and from August 1994 clubs in the English premier league and championship have been required to have all-seater stadiums. This matter remains complex and sensitive, but the debate’s purpose is to explore safe standing in a modern era and new climate of technological advancements.

As football clubs’ capabilities and technology to enhance the security and safety of supporters have evolved, there have been renewed calls for an examination of safe standing options. Paramount in the debate is maintaining supporter safety. Concerns about introducing safe standing have stemmed from genuine efforts to guarantee and uphold supporters’ safety and wellbeing.

Lord Justice Taylor remarked in his 1990 report:

“There is no panacea which will achieve total safety and cure all problems of behaviour and crowd control. But I am satisfied that seating does more to achieve those objectives than any other single measure.”

It is therefore right that the Government have asked for clear proof that an alternative could deliver the same levels of stability and safety.

Oral Answers to Questions

John Spellar Excerpts

Thursday 10th May 2018 Commons Chamber

[Matt Hancock]

We should apply to the Eurovision song contest a principle that I try to apply to my life: whenever something goes wrong, we should try, try and try again, and maybe we will eventually get there.

[John Spellar (Warley) (Lab)]

May I thank the Secretary of State for his positive contribution, along with that of the previous Secretary of State for Housing, Communities and Local Government, in introducing the agent of change principle that he just mentioned into the planning consultation process? I urge him to approach the new Secretary of State urgently to impress on him the importance of this change, as he just described it, for musicians and the music industry, and to get this into parliamentary regulations before the summer?

[Matt Hancock]

Yes, I should have paid tribute to the right hon. Gentleman’s campaign for the agent of change principle. It now exists as a draft measure, and I am absolutely determined to make it a reality.

Russian Interference in UK Politics

John Spellar Excerpts

Thursday 21st December 2017 Commons Chamber

[John Spellar (Warley) (Lab)]

The right hon. Gentleman referred to this interference as having taken place over the last decade. Has this not been the pattern of behaviour ever since the Bolshevik coup 100 years ago?

[Tom Brake]

As I said earlier, I only have 15 minutes in which to contribute to the debate. Although I agree with the right hon. Gentleman that we could go back a lot further, perhaps he could do so in his speech, if he makes one. I am focusing only on recent activity.

Information emerged just last month about hundreds of fake Twitter accounts, probably run from St Petersburg. Research at the University of Edinburgh in relation to the EU referendum showed that at least 419 fake accounts tweeted about Brexit a total of just under 3,500 times, although that was mostly after the referendum had taken place, rather than before. Meanwhile, research by City, University of London from October showed that there was a

“13,500-strong Twitter bot army”

present on the social media site around the time of the referendum, and in the four weeks before the vote, those accounts posted no fewer than 65,000 tweets about the referendum, showing a “clear slant” towards the leave campaign. However, there was no mention in that report of any specific Russian involvement.

--- Later in debate ---

[Tom Brake]

My short answer is, no, I do not think it is. Clearly, that needs to be acted on. It is not just about political parties; it is also about tracking the money associated with political movements, such as the leave campaign or—this may not be controversial for the right hon. Gentleman—Momentum, so that we actually have some clarity about where the money is coming from and so on. We would all benefit if there was more transparency.

[John Spellar]

Until we get a change in mindset among these bodies, additional resources will not have the necessary impact. These bodies have to have the will and the necessary policy framework, and action on the resources may follow that if they are not sufficient. That applies not just to the Electoral Commission, but right the way across the agencies of Government.

[Tom Brake]

I thank the right hon. Gentleman for that. Yes, this debate is partly about giving them the will and telling them that they have the backing of Members of Parliament on both sides of the House to take the action that is needed.

I will conclude by reading out the few questions I have left for the Minister—I have been generous in taking interventions. First, as I understand it, the Government have not tasked the intelligence and security services with investigating Russian subversion as a high priority. Russia is a tier 1 threat, but the six-point national security strategy does not mention defence against Russian interference in our political system, so will the Minister press for that to be changed?

On the funding of political movements, does the Minister agree, following the intervention from the right hon. Member for Wolverhampton South East (Mr McFadden), that financial accountability for political movements must be improved as well? On the Mueller inquiry, will the Minister confirm that the UK Government will proactively seek and supply any relevant information to the inquiry, rather than just sit there and wait to be approached? Finally, social media companies are, on the positive side, keen to work with the Government to try to close some of the loopholes we have referred to today.

We need to make sure that Russia is held publicly to account, whether that is through Ofcom or through Ministers, when they know that this has happened, making it clear that the Russians have been actively hacking some of our systems—as they did in relation to the NHS hacking by North Korea. The ISC also needs to come forward with its report.

I am pleased to have had the opportunity to raise this issue, and I hope the House will give the Minister the oomph he needs to go away and ensure that the respective Departments—one of the problems is that this is an FCO, Cabinet Office and Department for Digital, Culture, Media and Sport issue—will grab this bull by the horns and make sure that Russia, because of the threat it presents to the UK, is dealt with with the degree of seriousness that is required.

--- Later in debate ---

[Sir Edward Leigh (Gainsborough) (Con)]

We are coming up to Christmas, one of the great feasts of the Christian year that marks the birth of Christ and the bringing of hope to all mankind, but we should recall another event, which is much more recent in time but which happened more than a quarter of a century ago: the dissolution of the Soviet Union on 26 December 1991. When I was elected to this House, 270 million people lived under the direct totalitarian rule of the Soviet Union, with no elections of any meaningful value; and a further 137 million lived in the other countries of the eastern bloc in Europe. On 26 December 1991, Gorbachev went on television to announce that the long nightmare was over. As he went to sign into effect the dissolution of the Soviet Union, his communist-manufactured pen did not work, and he had to borrow a working pen from the CNN camera crew who were filming the event.

We should all believe in the sovereignty of nations and the general principle of non-interference in the internal affairs of other nations. None the less, I think that we should be proud of the part that this country played in the downfall of the USSR and of communism in Europe. Alongside St John Paul II, President Reagan and our own Margaret Thatcher, we were instrumental in resisting totalitarianism and inspiring the captive peoples of Europe to stand up against their communist overlords. At the same time, the Leader of the Opposition and the shadow Home Secretary were going on motorbike tours of East Germany. If we might have been accused of interfering in the internal affairs of the Soviet Union then, I think we can be proud of it.

Let us remember to have a sense of proportion. In those years, there were dozens and dozens of Soviet divisions in East Germany and Poland, posing a direct threat to our freedom and democracy, but today we are talking about alleged Russian interference in UK politics and society. We hear things such as “undermining our democracy”, but can we look at the evidence?

[John Spellar]

Will the hon. Gentleman give way?

[Sir Edward Leigh]

I am about to deal with the evidence, but of course I will give way.

[John Spellar]

Did not the head of the Federal Security Service say only this week that it sees itself as the spiritual heir of the Cheka and the KGB? Does that not tell us all we need to know?

[Sir Edward Leigh]

I am not seeking to defend the Putin regime. There is much in Russia that is not perfect. I was a member of the Council of Europe delegation to the presidential elections, and I know it is not a perfect democracy, but let us keep a sense of proportion. So much progress has been made, and Russia is an infinitely freer and better place than it was under the Soviet Union. It is not perfect, it is not pleasant and it is not our sort of democracy, so I do not defend the Putin regime, but I want to get a sense of proportion in this debate.

Let us look at the evidence from the Oxford Internet Institute, which is part of Oxford University. It investigated more than 100 Russian-linked Twitter accounts and their activity in the run-up to our EU referendum. The results of the investigation are worth noting. It found that

“(1) Russian Twitter accounts shared to the public, contributed relatively little to the overall Brexit conversation, (2) Russian news content was not widely shared among Twitter users, and (3) only a tiny portion of the YouTube content was of a clear Russian origin.”

The fact is that the majority of the UK population—to a significant extent—is not on Twitter.

--- Later in debate ---

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

I congratulate the right hon. Member for Carshalton and Wallington (Tom Brake) on securing this debate.

There are some very serious issues to discuss and to bring into the public domain, but I think we need to keep a sense of proportion. I agree with the hon. Member for Ilford South (Mike Gapes) that Russia has not changed its character fundamentally since the days of the Tsar. It has always been somewhat paranoid about the outside world and aggressively defensive, and we see the same characteristics today. However, to describe, as he put it, “the kind of tweets put out by the Russian embassy” in the same terms as the threat we faced during the cold war is to get things a little out of proportion. There are serious issues to discuss, but we should do so responsibly. I want to explain what I mean.

[John Spellar]

Will the hon. Gentleman give way?

[Mr Jenkin]

I am very reluctant to take up extra time, but I will briefly give way.

[John Spellar]

The hon. Gentleman clearly does not understand that Russia, all the way through, has a full-spectrum response. During the cold war, it had all the stuff in the cultural areas and hard power. Has he noticed the size of the recent exercises conducted by Russia in the Baltic? Russia does not see this as different. It is part of a full-spectrum approach.

[Mr Jenkin]

I completely agree with the right hon. Gentleman, but the fact is that today’s Russia is a shadow of the power that was the former Soviet Union.

Oral Answers to Questions

John Spellar Excerpts

Thursday 16th November 2017 Commons Chamber

[Karen Bradley]

I think we have a question on Channel 4’s location later. Channel 4 has done incredibly great work when it comes to diversity. Its on-screen talent includes people with disabilities, people from black, Asian and minority ethnic backgrounds and people of different sexualities. It has been very good at promoting diversity, and I want to pay tribute to it for the work that it has done. Across the industry as a whole, more diversity would mean more creativity, and that is a message that the whole industry must listen to—and that diversity may possibly be located outside London.

[John Spellar (Warley) (Lab)]

In order to progress their careers, creative artists need lots of work opportunities. For musicians, that means venues, many of which are now being closed. Will the Secretary of State give serious consideration to embedding the agent of change principle into legislation, as I hope to propose in a ten-minute rule Bill in the near future?

[Karen Bradley]

We are aware of those concerns and we are working with the Department for Communities and Local Government to look at the proposition that has been put forward.