Digital Economy Bill (Third sitting)
Kevin Brennan ExcerptsThursday 13th October 2016
(7 years, 7 months ago)
Public Bill CommitteesRead Full debate Digital Economy Act 2017 View all Digital Economy Act 2017 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 13 October 2016 - (13 Oct 2016)
Kevin Brennan (Cardiff West) (Lab)
Q We are about to start line-by-line consideration of the Bill. If you were on the Committee and had a chance to put down an amendment to the Bill, what would it be?
Peter Tutton: In the bit about debt collection, I would like to see some of the principles of the sort Alistair talked about by which Government debt collection should work: helping people to affordable, sustainable repayments; making sure debt problems are not made worse; an emphasis on helping vulnerable households to recover control of their finances—that sense that there is a wider public benefit in dealing with debt. Debt costs over £8 billion a year in on-costs: health, lost productivity and so on.
The Chair
Colleagues, we will now hear oral evidence from Ofcom. Welcome and thank you very much for joining us this morning. For this session we have until 12.30 pm. Could the witnesses please introduce themselves for the record?
Lindsey Fussell: I am Lindsey Fussell. I am director of the consumer group at Ofcom.
Tony Close: My name is Tony Close. I am the director of content standards, licensing and enforcement. I look after broadcasting at Ofcom.
Kevin Brennan
Q Hello. In relation to the new appeals process, which will bring Ofcom in line with other industry regulators, is Ofcom fully prepared?
Lindsey Fussell: Yes, absolutely. It is a measure that we have been seeking for some time and we are delighted to see it in the Bill. I have a few comments on why. As you say, the standard brings us in line with almost all other public authorities. Ofcom very much welcomes robust challenge to our proposals—it increases public and market confidence in us. We are fully confident that the new standard will enable that, while also enabling us to take forward the really important consumer measures in the Bill, such as auto-compensation and switching, which I know have the support of many people in Parliament as well as the public.
Kevin Brennan
Q On switching, the Bill improves powers to collect information. How do you envisage publishing information on telecoms, such as service quality, broadband speed and so on?
Lindsey Fussell: That is, again, a really important part of the Bill. At present, our information powers do not enable us to ask providers to give us information that they have not retained, or to give it in a particular format, so it is very hard for us to publish comparative data, which is what we know that consumers and the public really value. We have already announced in the digital communications review that we will publish our first quality of service report next March, which will contain a great deal of data comparing different providers and the quality of service they give. The powers in the Bill will give us the ability to expand that data over time and give the public more information to enable them to make informed choices.
Kevin Brennan
Q On nuisance calls, which is an issue that has been running for a long, long time, over many years there have been increases in fines and various other measures. How much of a real difference do you think the Bill will make? Could it go further in trying to tackle the issue?
Lindsey Fussell: As you say, that is an incredibly difficult issue and one that is evolving over time. In contrast to five years ago, we notice now that the complaints about nuisance calls—as you may know, Ofcom deals particularly with silent and abandoned calls—are increasingly less about large firms and more about much smaller companies. We frequently see numbers that are spoofed or unreliable. It is a different kind of problem that we are now tackling.
The powers in the Bill relate specifically to direct marketing calls, which are within the remit of the Information Commissioner’s Office. We very much welcome the measure to put its guidance on to a statutory footing and to make it easier to enforce against companies that do not comply.
Thangam Debbonaire
Q I want to turn to the BBC. How do you think we can ensure that the BBC’s distinctiveness and public service commitments are upheld in this new role?
Tony Close: That is a great question, and a tough one to start with. The first thing to make clear is that it is very much for the BBC and its new unitary board to set out its strategy in the first instance and explain to all of us how it is going to ensure that the BBC’s output is distinctive, creative and engaging. Ofcom clearly has a role holding the BBC to account. What we are not going to do is try to micromanage the BBC. We do not want to be making decisions about individual programmes, such as whether “Eastenders” is or is not distinctive, but of course we have a role looking at the output of the BBC as a whole to make sure it is fulfilling all its public service duties. I am not going to pretend that we have the answer right now. We are doing an enormous amount of preparatory work to be ready for 3 April in order to ensure that we will be able to hold the BBC to account for the distinctiveness of its output as a whole.
Kevin Brennan
Q Yes. May I ask a couple of questions on automatic compensation? How do you envisage that working? Do you have experience of doing this sort of thing? I would like to hear your general comments, and I will then ask a specific question.
Lindsey Fussell: Yes, of course. We are delighted that the Bill clarifies Ofcom’s power to introduce auto-compensation. We think it is an incredibly important step to make sure that consumers get redress when they do not receive the quality of service they are expecting—we know from the consultation we did on the digital communications review that quality of service is the thing that customers feel most strongly about—and we also hope that it will incentivise providers to improve their service quality and enhance the attractiveness of joining them for the public. It goes hand in hand with the proposal we were talking about before on the quality of service report in terms of publishing and making available more comparative service information so consumers have an informed choice.
Kevin Brennan
Q On the basis that compensation delayed is compensation denied, would you support the compensation effectively being paid on the next bill that the customer receives rather than their having to wait for a bank transfer at the end of the financial year or something?
Lindsey Fussell: We have already published what we have called a call for input, which has closed, on our first thoughts on auto-compensation. We will be publishing a full consultation on it early next year. We have said already that our instinct is that the compensation should be financial. Clearly, we will need to test that in consultation.
Kevin Brennan
Q What is the alternative to financial?
Lindsey Fussell: I imagine you could think of other sorts of services or things that could be offered to consumers to try to put problems right. We are currently actively considering whether we should set maximum periods in which compensation should be paid. I think that goes to your point, and that is certainly something that we will explore in the consultation and our proposals.
Kevin Brennan
Q Taking it off the next bill would be a good idea if it were achievable. Finally, given that we are now at the stage of line-by-line consideration of the Bill, is there anything that you would suggest as an amendment to improve it?
Lindsey Fussell: As I have said, we are delighted that many of the measures that we have been pressing for for some years are included in the Bill, and we very much hope that it commands support.
Kevin Brennan
So there is nothing you would suggest.
Tony Close: May I add one point? We have been contacted recently by a number of stakeholders who are keen to see improvements in the provision of access services such as subtitles and audio description in the video on demand sector. Action on Hearing Loss has been in touch, and it is keen to see Ofcom given very similar powers to those it already has in relation to linear television to set challenging but proportionate targets for access services in a code for video on demand services. We would welcome such an amendment.
Kevin Brennan
Q Congratulations on your appointment. Would you support moves to introduce director-led accountability so that directors are held to account on nuisance calls rather than just the companies?
Elizabeth Denham: Yes, I would support extending liability and accountability to directors. Our office has issued fines that totalled about £4 million in the last year, but the problem is that we have been able to collect only a small proportion of those fines because companies go out of business and, as in a game of whack-a-mole, appear somewhere else. It is important for us to be able to hold directors to account for serious contraventions.
Kevin Brennan
So an amendment in the Bill to achieve that would be helpful.
Elizabeth Denham indicated assent.
Kevin Brennan
Q For the record, the witness nodded in reply to that question.
On age verification, attention has been drawn to the consequences of failing to think through plans, including the possibility that information on passports and driving licences could be misused when collected as part of an age verification system. Could you comment on that and are you aware of any evidence that might mitigate those risks in that part of the Bill?
Elizabeth Denham: I will ask my colleague to respond to that.
Steve Wood: Our concern about an age verification system is that the hard identifiers that could be collected, such as passports, might need to be secured because of the vulnerability of those pieces of data being linked to other pieces of data and used by the organisation that collects them. We hope that any solution would take a “privacy by design” approach, which very much minimises the amount of data that is taken and may use different ID management systems to verify the age of the individual, rather than a lot of data being collected. It is important that data minimisation is at the heart of any solution. It would be a concern for us if a wide range of solutions was put forward to collect those hard identifiers.
Rishi Sunak
Q We hear a lot about how technology can benefit people and that the Government need to harness technology to do just that. Indeed, some data sharing is already going on in the delivery of Government services. Can you describe how the measures in the Bill will provide greater legal certainty and clarity in that area because we want to make sure we are doing things in the right way? Your thoughts in that regard would be helpful.
Elizabeth Denham: This Bill is an enabler. It facilitates data sharing for the improvement of Government services. I think the public welcome that and they expect seamless Government services in some cases. The idea that all data must stay in ivory towers or silos does not make sense when building digital delivery services. That said, we all know that trust and transparency are critical to maintaining the public’s trust in data sharing.
The transparency that needs to be clear in the Bill is on two levels. First, at the point of data collection and in ways that are easy for citizens to access, they should understand the purpose of and how their data will be shared, and they should have the ability to challenge that.
Secondly, there needs to be another layer of safeguards and transparency scattered throughout some of the draft codes of practice, but not in the Bill. That is the transparency that comes from privacy impact assessments, from reviews by our office, and from Parliament looking at revised codes of practice. It is really important that we pay attention to both those levels. Civil society is going to pay attention to published privacy impact assessments; but right now there is no consistency across all the codes of practice for those kinds of safeguards. I believe that some improvements are needed to the Bill.
Louise Haigh
Q We have heard your concerns about the draft codes of practice, which I also find very concerning. Of course, we do not know because we have not seen any draft codes of practice. Would you advise Members to vote on Government powers of that nature without seeing such draft codes of practice? Who else should be consulted on such codes before they are made law?
Elizabeth Denham: We have seen some of the draft codes of practice, and we have been making comments, but I think it would be preferable for Parliament to review all the codes of practice so that they can see and discuss the entire framework before the passage of the Bill. The codes are an important part of the framework.
Kevin Brennan
Q To follow up on that, do you believe that we ought to see the draft codes of practice prior to consideration of these parts of the Bill in Committee?
Elizabeth Denham: That is my view, yes.
Louise Haigh
Q In your first speech as Information Commissioner you made much of the need for businesses to establish trust in relation to data sharing, with which I obviously completely agree. Do you think this Bill could have done more to put safeguards around data sharing in the commercial space?
Elizabeth Denham: Again, I think that trust and transparency go hand in hand. Part 5 is about Government data sharing and sharing with Government providers, so the focus there needs to be on transparency and trust. All Governments are really struggling with this issue, especially in the face of new technologies. How can you make transparency easy and understandable? We have just issued a privacy notice code of practice, which we introduced last Friday. What would help this Bill is if there was a reference to following our privacy notice code of practice, which again is across the public and the private sector and would lend more trust among the public.
Nigel Huddleston
Q The UK is one of the most advanced digital economies in the world, yet we heard from witnesses on Tuesday that, in terms of Government data sharing, we are well behind the curve, well behind other countries—that is partly because they are probably more focused on the opportunities. Does this Bill, in your experience, bring us more in line with the best practice you are seeing in other countries?
Elizabeth Denham: I think the approach that the UK is taking in this Bill is a responsible approach. My recommendations are to up the safeguards and improve the transparency. Breaking down the data sharing by type, function and purpose of data is a good way forward. There are some draconian data-sharing regimes in other parts of the world, which are concerning to data protection commissioners. I generally think that the approach here is right, but there could still be some strengthening of the Bill. That would go a long way to assuring more public trust and therefore more buy-in and participation in the digital economy and digital services.
Kevin Brennan
Q If the Bill were not amended in the ways you have suggested, where would that leave us in terms of privacy protection and data protection in the international league table?
Elizabeth Denham: We would not be first at the table in terms of privacy safeguards, and I think we have an opportunity for this Bill to be very strong in supporting the digital economy, digital services and data privacy. I very much encourage Parliament to look at the recommendations that we have made. If no amendments are made, yes, we are slipping behind. If you take a look at what Australia has done recently, they have put a provision in law that any re-identification of de-identified data has a sanction and a penalty next to it. I think that is an excellent idea, and it is another recommendation that we have made here. If no amendments are made, we will make this work from our perspective. We will be coming back to Parliament with a report on what is happening on the ground so that citizens can understand it.
The Chair
Thank you very much for some very clear evidence, Ms Denham and Mr Wood. We now release you.
Ordered, That further consideration be now adjourned. —(Graham Stuart.)
Digital Economy Bill (First sitting)
Kevin Brennan ExcerptsTuesday 11th October 2016
(7 years, 7 months ago)
Public Bill CommitteesRead Full debate Digital Economy Act 2017 View all Digital Economy Act 2017 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 11 October 2016 - (11 Oct 2016)
Christian Matheson (City of Chester) (Lab)
Q What flexibility would you like to see within the legislation for either the Government or perhaps Ofcom to be able to deem the level of the USO in the manner that Baroness Harding described as technology increases?
David Dyson: I have a couple of points. Covering some of the previous questions, it is impossible to predict what will be the right speed in five years’ time. There are two elements to delivering that. One is effective competition. On the second, I agree with Baroness Harding that in those harder-to-reach less economic areas, the separation of Openreach is the only way that you will get assurance that those customers will get the right speed.
Fundamentally, Ofcom needs to have more powers to make the right decisions that effectively create the right competitive environment in the UK—an environment where it is not constantly worried about being litigated. At that point, you have a stronger regulator that will make the right decisions for the right reasons and a lot of these discussions will take care of themselves.
Baroness Harding: You can see from my nodding head that I agree with David. A lot of the provisions in the Bill are very good, pro-consumer, and I would encourage the Committee to look very favourably towards them. David has just alluded to one of them, which is to make sure that you have a stronger regulator that can get decisions taken faster without using up nearly 50% of the Competition Appeal Tribunal’s time.
Sean Williams: On the specific question about flexibility, as long as it is stable enough for network investors to deploy a certain investment in order to get to the target and then recover some of their investment money, it can be flexible after that. If it is too flexible, you never quite know what you are supposed to be investing in, so I think it needs to be definitive for a period and then it can move on progressively as society and the economy moves on.
I agree with Baroness Harding on the subject of reliability. Reliability is a very important metric, but SMEs are not typically the most demanding broadband customers. A big household streaming lots of HD videos is a very demanding broadband supplier. SMEs and large households have different kinds of requirements and we need to work with Ofcom to establish exactly what those standards should be.
It is true that some of the problems happen within the home or within the business premises. It is important to make sure that all the retailers—TalkTalk and all the others—are able to support their customers in the business or home. Making sure those networks and wi-fi work well is also very important, to answer Mr Perry’s earlier remarks.
Kevin Brennan (Cardiff West) (Lab)
Q Sean, do you recognise the figure that improving wayleave rights under the ECC will reduce costs for providers by 40%? Would you like to tell us whether any surplus from that will be used to invest in local communities or will it be going to your profit margins?
Sean Williams: I do not recognise the particular figure, to be honest, but I would not necessarily dispute it.
Kevin Brennan
Q Is it in the right ball park? Is that what you are saying?
Sean Williams: It is 40% of what? I do not know exactly where that figure comes from, to be perfectly honest with you, but what I would say is that on the EE network we have a commitment to get to 99%-plus of premises getting 4G, and 95% of the geographical area of the country, by 2020, getting 4G services. Also, that requires us to roll out new masts and new services, and every cost reduction in that vein will support the agenda of rolling out 4G networks everywhere as far as we can.
Kevin Brennan
Q So all that will be reinvested into the—
Sean Williams: I think it is all supportive of delivering more roll-out by all the mobile networks, yes.
Kevin Brennan
Q Can I ask you, how will we have competition in next generation access? Will certain areas of the country be limited to 10 megabits in the future?
Sean Williams: As I say, I think we are getting lots of competition already. Virgin is rolling out. Hyperoptic, Gigaclear and others, all the 4G networks, Three, EE, Vodafone, O2 are all rolling out competitive networks, so I think the large majority of the country will have availability of choice of provider.
Kevin Brennan
Q Will certain areas be limited, do you think, in reaching the 10 megabits?
Baroness Harding: I think the way that you ensure that there is sufficient competition to drive investment and create choice is by having a very strong regulator that does not believe any of us, actually, when we say “Trust us, we will be okay; we will do it for you.” If you live in any of the rural constituencies in the country, you do not have Virgin as an alternative. There is only one fixed line network provider. There are only two mast joint ventures for mobile networks, so I would argue that the telecoms market is not competitive enough at all and that the best way Government can ensure that all constituents across the country benefit is by having a much stronger regulator that forces competition. I think you should be very worried when you hear large incumbents saying, “Set up a universal service obligation but don’t let it get too far ahead of what we’ve got in our business case.” That is not what business should be doing. Businesses will invest more if they are scared their customers will go elsewhere, not because they have been given a promise by Government.
David Dyson: But also you should be very worried when you hear statements about how BT is planning to take profits from the duct access and reinvest in that, and in cross-subsidising mobile access. That is just fundamentally wrong, and is not supportive of competition.
Kevin Brennan
Q I remember one of your predecessors in a predecessor company, Mr Butler, explaining to me why they were digging my street up in the 1990s. They basically said, “We are installing a straw to suck money out of people’s houses”, which I think is the best explanation I ever received of what was involved. On the electronic communications code, how can you assure us that its reform will actually benefit consumers principally and not just allow you to keep more of the money that you suck out of people’s houses?
Daniel Butler: The reforms that are envisaged will transform the economics of roll-out. The figures discussed in the previous session were a 40% reduction in the cost of roll-out. The primary way in which that benefits consumers is that that allows us to build to more premises on a commercial basis.
Virgin Media currently plans to build to 4 million premises by 2020. Wayleaves are a considerable line item on the balance sheet for that investment, and also it takes a lot of time to get agreement, so anything we can do to reduce the cost and improve the efficiency of getting those will have the consumer benefit of allowing us to connect up more premises. I mentioned that Government could be more ambitious in this regard. In effect, the Government’s reforms will deal with the worst abuses of the systems—that is communications providers’ exposure to ransom rents—but Ministers and the Secretary of State increasingly talk about broadband being equivalent to a utility and the reforms do not quite go that far. Water companies have the most advantageous wayleave regimes under their statutes. They do not pay what is called in the valuation jargon “consideration” and, as are result, they pay 60% less—these are Government’s figures—than communications providers.
Matt Hancock
I think the explanations coming from the witnesses are excellent. I did not have any other questions.
Mark Menzies (Fylde) (Con)
Q On a slightly different point, I have a question for Which? around data sharing. Clearly, there are mixed views as to whether it is a good or a bad thing. I would like to understand what you think that the benefits would be, particularly to vulnerable groups, of the Government having access to this data?
Pete Moorey: In broad terms, we support the measures in the Bill and we see this from two perspectives. There is the work that we have done in our campaigning, particularly on areas such as energy, where we know that year after year the energy suppliers have said that they would like to be able to better target energy efficiency schemes at the most vulnerable households, and that they have struggled to do that. We think a lot of good steps could be taken as a result of that.
The other side is around the role we play in providing products and services for consumers. We run a number of excellent websites—Which? University, Which? Birth Choice, and Which? Elderly Care—which provide people with all the information they need to enable them to make a choice when they come to that decision. We have been hamstrung on occasion in being able to provide the richness of information that people would want when trying to make that decision where local authority data or other public service data have not been available. Taking steps in this direction would help not only Which? to do that better, but a lot of the other service providers in that space.
Kevin Brennan
Q On the point about coverage of broadband and mobile, where would we come in the European champions league of coverage? Will the Bill push us up the league at all, in your opinion?
James Legge: I cannot give you a precise figure. I am afraid I do not know the answer to where we lie in the overall league table of Europe.
Kevin Brennan
What do you think?
James Legge: I do not know. Our ambition certainly seems to be less than what the European Union intends to see delivered. I think there is scope for saying 10 is great, but we should be looking at more. We should also make sure that the USO moves up—I think the Bill makes provision for this—because there is no point in leaving it at 10 when we have 300.
Kevin Brennan
Q You listed a lot of countries that do better than us when you gave your answer earlier. If the Bill potentially brings some progress, are we running fast enough to keep up with our colleagues on the continent?
Pete Moorey: I think it was me who gave the list of countries. We can come back to you on that with the data we have on 3G and 4G and also on broadband.
Kevin Brennan
Q It would be very helpful if you could do that before we meet next week.
Pete Moorey: On the 10 megabit point, clearly for a lot of consumers it will not be enough; for others, it will be a godsend. Ofcom has done a pretty decent piece of work in understanding average consumer use at the moment. It has developed a speed that is probably appropriate to start, but will have to be addressed in time. The really important issue is how it does that and how it involves consumers in the process. There is a real danger that we get into an arbitrary point of view and say, “Well, it should be 15 or 20 megabits” rather than setting the speed with consumers themselves.
Claire Perry
Q I want to focus questions directly on Mr Legge. I represent a very rural constituency. We are very anxious about home building. We now have effective neighbourhood plans that rather than mandating giant developments plonked down wherever anybody wants them, require developers—often small developers—to work with communities. The preamble is to ask you whether you think the new law coming in next year to require automatic superfast broadband connection for sites of more than 100 homes is suitable for rural areas, or whether we ought to be going further and effectively making it a utility provision for all home builders.
James Legge: My view is very much that it should be seen as a utility provision. The whole way in which we have looked at the housing problem in rural areas has transformed over the last 10 years from the idea of plonking mini-towns on the edge of existing communities. We have realised that if you try to do that, all you do is create massive local opposition and nothing gets built. What you want is small-scale development that is sensitive and local to the community, provides local housing, and is affordable, often affordable in perpetuity.
The idea that you will only get broadband provision when you build 100 premises on the edge of a village or in a rural area is undesirable, simply on the grounds that where new properties are going in and we are putting in an infrastructure, it seems absurd not to take the opportunity. We would not say we are not going to put in electricity, water or, ideally, gas as well, although we do not have mains gas everywhere, to be fair. I think broadband is too important.
It is also important to realise that the population trend at the moment is a move from towns to rural areas. There is enormous potential. If you take a population of 10,000, there are more start-up businesses in rural areas. I think London and some of the major urban city centres exceed. The countryside is a largely missed opportunity, but all the signs are there that if it gets broadband it is ready to fire and go further; so the figure of 100 is too urban-centric in thinking.
Thangam Debbonaire
Q Is the Telephone Preference Service system now completely pointless? My constituents say to me that they feel completely unprotected by it. Could the Bill do more to strengthen it?
Pete Moorey: It is not pointless. Our research shows that if people sign up to the TPS they usually have a reduction in calls. The problem is that there are too many firms out there that either just abuse the Telephone Preference Service and call people who are on the list, or indeed have consumers’ consent to call them, because, sadly, the customers have incorrectly ticked a box at some point, and thought they were not giving consent when they were giving it. More needs to be done about the data consent issue. I know that the Information Commissioner’s Office is doing more about it.
Kevin Brennan
Q So just to be clear, you would welcome amendments to the Bill that would strengthen action, including direct action against directors to avoid the shutting down of shell companies. Is there a case for some kind of aggravated offence where people are on the Telephone Preference Service, or where older people are specifically targeted in such a way?
Pete Moorey: I know there is a local police commissioner who is looking at the issue at the moment—particularly around making scam calls a hate crime. That is an interesting development. There is more that could be looked at in that area. I think a good start in the Bill would be the introduction of director-level accountability.
Kevin Brennan
I introduced a ten-minute rule Bill on this in 2003, so it is depressing that it is still a problem.
Rishi Sunak (Richmond (Yorks)) (Con)
Q Mr Moorey, to elaborate on what you said about the provisions in the Bill to reform the appeals process, I think you described the current set-up as having a chilling effect on competition and pro-consumer impacts. It would be great if you would elaborate on what the Bill will do to improve that situation.
Pete Moorey: I think it has. I think the reason why we do not have things like a gain in provider-led switching and automatic compensation in the sector is in part due to the fact that the regulator has not felt able to move ahead with those things without appeal. Indeed, the speed at which the regulator acts is also a result of the appeals mechanism. We see proposals coming from Ofcom, particularly around things like switching, where it seems to go through a process of repeated consultation really out of a fear of being appealed by the companies. So I think it has had a chilling impact, and those are a couple of examples.
As other panel members have said, moving to a system that every other economic regulator in the country uses, which means that you are able to challenge on the process rather than the merits, would therefore be a significant change. I simply do not see the case for the telecoms sector being any different from energy or any other economically regulated sector.
Matt Hancock
Q Do you agree that those areas in addition that you are looking for are essentially administrative rather than legal changes? That is to say, the Government need to move in that direction, I would argue that they are moving in the direction that you set out, but you would not put that in a Bill; you need to make it happen.
Mike Bracken: Yes. Absolutely, Minister. Too often, there was an assumption that those things would need regulatory or Bill backing. My experience was pretty much 100% that that was not the case; these are largely about administrative and operational management of data across Whitehall and across Departments. Clearly, there are some areas, security being an obvious one, where you need more legal oversight, but primarily it is not so much about a Bill.
Kevin Brennan
Q First, I agree with what Jeni said about Citymapper; it has changed my life, it is absolutely fantastic—I actually use the bus now. However, either witness, will the Bill in any way help to avoid another care.data type of scandal?
Jeni Tennison: I will go back to what I was saying around transparency and public trust. For me, the important part of any dealing with private, personal data has to be that we drive towards trust by being open about what is being done with those data, by being transparent about how they are being used, what decisions are being made with them, whom they are being shared with and under what circumstances. Those principles of having openness around the handling of personal data are what will drive public trust in their use. We are in a very difficult space here between trying to balance the right to privacy of an individual with the public good we can get from the use of data. It is a fuzzy and difficult one, one we are going to be working through for many years, but having transparency and openness about it enables us to have an informed debate about where we are making that balance.
Kevin Brennan
Q Will the Bill make a care.data scandal in the future less likely, more likely or make no difference?
Jeni Tennison: For me, it does not go far enough in the need for transparency around where the sharing is going on, which is what I think would be necessary in order to avoid that.
Kevin Brennan
Q Finally, should the Bill be strengthened in some way in order to achieve that, and could that be done by an amendment to it, either of you?
Jeni Tennison: I think it could be strengthened by adding some provisions around openness and transparency, putting that at the heart of what you need to do whenever there is a data-sharing arrangement.
Claire Perry
Q I appreciate that point, but does either of you agree that there is a real asymmetry of concern between data which an individual may share with a public body and data which individuals share with a corporate body? One thing I am fascinated by, and it relates to so many provisions in the Bill, is that we knowingly or unknowingly give away rights to all kinds of information with every keystroke we make on the internet. We give huge chunks of personal information to corporate bodies which do not have the definition, as per clause 31, of improving the welfare of the individual, but are simply in it for profit. How would either of you help us to address that? Perhaps the Government—rightly, as an elected organisation—are being scrutinised about this, but my constituents are willy-nilly giving away vast chunks of their data, and in some cases giving away private data to very insecure storage facilities, almost without knowing it. It is frustrating for a Government who are trying to do the right thing to make digital government far more effective—as you did, Mike, during your time—to constantly be facing concerns and criticisms that ought properly to be applied to corporate bodies, but never are.
Mike Bracken: I completely understand your point about asymmetry and I agree with that. I would suggest that in corporate, public and private life it is a fair assumption that many people in the country are waking up to how their data have been used, how they have released that data and, increasingly, the repercussions of that, whether on social media, transactional data with a private company or, indeed, the public sector. There is a general awareness of and unease about some of the practices in all three of those sectors.
Having said that, the Government are held to a different account. Our members—we are a member-based organisation—hold the Co-op to a different account. We are the custodian of their data, and we are owned by our members. Many of the services we provide or help to provide to our members, such as wills, probate and funeral care, are deeply emotive at a certain time of life. These services often depend on Government data being in very good shape about place, location and identity. It is a fair correlation to draw that there should be a symmetry between how an organisation like us should be governed and managed, and the rules that should apply to public sector data. That is not to say that all the data regulations which apply to all corporations and trading organisations need to be exactly the same as those for the Government. That would be a political issue far beyond my position to comment on. The Co-op would look to see that the Government uphold the highest possible standards, so that our members can get the best possible use of that public data.
Jeni Tennison: Perhaps I can add a couple of things. Mike has made the point well that the Government need to act as a model for how to do data sharing well, and how to be open and transparent about handling people’s personal data. The Government are in a position of authority there. However, the other thing to bring up is that we have a mixed economy for the delivery of public services, including the private sector, charities and social enterprises. There should be some scrutiny over the way in which those organisations are handling personal data in the context of delivering those public services.
Report of the Iraq Inquiry
Kevin Brennan Excerpts(7 years, 10 months ago)
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The Prime Minister
We have made some commitments to supporting a post-conflict reconstruction plan for Syria, but I do not agree with the hon. Gentleman about the two votes we had in this House. We won one of them, but I wish that we had won both. I think that taking action against Assad would have been a stronger response against his use of chemical weapons and a stronger response by the west. I think that it would have encouraged the legitimate opposition and that it could have helped bring the conflict to a more rapid closure. The second vote, which we did win, was right. Britain has played a very proud part in the progress that has been made in Syria, making sure that the people who directly threaten us in this country are being properly combated.
Kevin Brennan (Cardiff West) (Lab)
Those of us who were here on 18 March 2003 will know that there were no moral certainties available that evening. As one of the 139 Labour MPs who voted against the war that night, I can say that I have always respected those who made a different decision based on what they had heard. What does the Prime Minister think is the lesson from Chilcot about our relationship with the United Nations and the way we acted on that occasion in relation to the United Nations Security Council?
The Prime Minister
I think the hon. Gentleman asks a very interesting question, because before now I always felt that one of the reasons for going to war was to try to uphold the authority of the United Nations, given that Saddam was in breach of so many of its resolutions. But Sir John Chilcot says very clearly that he thinks it undermined the United Nations, so I want to read that part of the report very carefully.
Outcome of the EU Referendum
Kevin Brennan Excerpts(7 years, 10 months ago)
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The Prime Minister
I thank my hon. Friend for his kind remarks. Obviously, one of the great roles of the Foreign Office will be to concentrate on those bilateral relations, even as we conduct this very complicated and difficult negotiation. We do have embassies in every single European country, and we do have strong bilateral relations. With my negotiation, I was the first British Prime Minister to visit some of the further-flung parts of the European Union, and I will certainly—in whatever capacity—do everything I can to keep those bilateral relations strong, because that will help our negotiation for our future in Europe.
Kevin Brennan (Cardiff West) (Lab)
I voted remain, but belatedly picked up a leaflet this morning in my London flat—the official leaflet of the leave campaign. It said that the NHS could receive an extra £350 million a week as a result of a vote to leave. Can the Prime Minister tell us when the NHS can expect to receive that money?
The Prime Minister
Obviously, until we leave the European Union we will continue our contributions to the European Union, and at that moment my successor will have to explain where the money is going.
Oral Answers to Questions
Kevin Brennan Excerpts(8 years, 4 months ago)
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The Prime Minister
I am delighted to hear about the development in my hon. Friend’s constituency. The fact is that we have built 700,000 houses since the Government came to office in 2010, but a lot more needs to be done. Sometimes it is specific bits of transport infrastructure, specific planning permissions or disagreements between district councils and county councils that need to be sorted out. We should not forget the fact, however, that the developers and housebuilders will go ahead with housebuilding only if they believe that there is a benign economic environment with a strong and growing economy and stable interest rates, and all the things we need. That is the key to the success in housing.
Kevin Brennan (Cardiff West) (Lab)
Q5. The Prime Minister promised to cut the number of Government special advisers, and the Chancellor wants to limit pay increases for public sector employees to 1%. How does he square that with his now having 26 more special advisers than in 2010 and the 42% pay increase for the Chancellor’s own personal image consultant?
The Prime Minister
There are fewer special advisers under this Government than there were under the last Government.
Syria
Kevin Brennan Excerpts(8 years, 5 months ago)
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The Prime Minister
Let me reassure my hon. Friend that there is no ambition to draft a crafty motion. I am trying to take as much of the House of Commons with me as I can in taking this important and difficult decision. Hon. Members in all parts of the House will have particular concerns: that there should not be mission creep; that this is about saving Muslim lives in the region as well as saving British lives at home; that there will be regular reports back to Parliament; and that this is part of an overall strategy. All those points, and others, can be properly set out in a motion that I hope would achieve the maximum support in this House.
Kevin Brennan (Cardiff West) (Lab)
As one of those who voted against the war in the key vote on 18 March 2003, I listened with great care to the words the Prime Minister used. When he answered the Leader of the Opposition he said that our bombing was likely to reduce civilian casualties because of the accuracy of our munitions. Surely that could happen only if our action replaces current less accurate bombing rather than adds to bombing that is taking place. Is that what he meant? Will he outline that further?
The Prime Minister
That is very much what I meant. I think we should be stepping up what is happening in Syria, but given our accuracy, I would expect that, all things being equal, we would be taking the place in some instances of others and therefore the point the hon. Gentleman makes is valid.
Syria: Refugees and Counter-terrorism
Kevin Brennan Excerpts(8 years, 8 months ago)
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The Prime Minister
My hon. Friend makes an important point. In drawing up the criteria, we will be looking at the people who are the most vulnerable, and there is growing evidence that some people are vulnerable not only within Syria but within the refugee camps themselves, so Yazidis, Christians and others—particularly children or women at risk of abuse—will all be in our scheme.
Kevin Brennan (Cardiff West) (Lab)
There is perhaps a sad inevitability about the news that my former constituent Reyaad Khan has been killed, having joined ISIL, but I think that the House will have been surprised to learn that the manner of his death was a drone strike against a British citizen in Syria. There will therefore be many questions that Members will want to ask, and that I as his constituency MP and members of his family will want to ask. In the light of the action that the Prime Minister has outlined to the House today, I would like an assurance that he will be as forthcoming as possible, given the security situation, in explaining the nature of the threat that this 21-year-old man posed to the United Kingdom.
The Prime Minister
I thank the hon. Gentleman for his question and for the way in which he put it. Of course I will be as forthcoming as I possibly can be. I have been forthcoming in this statement, and I will be in future statements, but I am restricted because of operational sensitivities and for reasons of national security. The police will have informed his former constituent’s family of what has happened. I would simply say that when we are dealing with people who are producing such a tempo of potential terrorist attacks—attacks on police and on members of the armed services, attempted attacks on commemorations in our country—which the head of MI5 describes as having no recent comparator, we have to take action. When we are dealing with people in ISIL-dominated Syria—there is no Government, there are no troops on the ground—there is no other way of dealing with them than the route that we took. I think that, for all those reasons, it was the right route.
Oral Answers to Questions
Kevin Brennan Excerpts(8 years, 11 months ago)
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Kevin Brennan (Cardiff West) (Lab)
6. What assessment he has made of the potential effect of full fiscal autonomy for Scotland on the level of tax receipts in Scotland.
The Secretary of State for Scotland (David Mundell)
In March, Her Majesty’s Treasury published an analysis that estimated that funding available to Scotland under full fiscal autonomy would be £7.7 billion lower in 2015-16 compared with the current arrangements. The assessment made by the Institute for Fiscal Studies shows that deficit reaching £9.7 billion in 2019-20.
Kevin Brennan
The Secretary of State and his Tory friends have an ideological fixation with austerity, but is he surprised that the nationalist ideology of a self-identifying left-wing party such as the Scottish National party leads it to advocate full fiscal autonomy, which would lead not just to austerity but to “austerity-max”?
David Mundell
I agree with part of the hon. Gentleman’s analysis, but he will be aware that it is now not clear what the SNP is asking for. I welcome the fact that it will be able to table amendments in relation to full fiscal autonomy during the Committee stage of the Scotland Bill. My suspicion, however, is that it is asking for something it does not really want, and that it will complain when it does not get it.
Debate on the Address
Kevin Brennan Excerpts(8 years, 11 months ago)
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The Prime Minister
What we will do, in terms of English votes and English laws, is exactly what is set out in our manifesto—copies available from all good bookshops. That will involve a vote here in the House of Commons, and I think that is right.
I look forward to taking on the arguments from those who want to break up our country. Frankly, they have received little scrutiny until now. Devolution is not just about getting new powers; it is also about the responsibility of how those powers are used. I would say to the Scottish National party that if it is not happy with decisions made here in Westminster and if it wants more taxes, spending and borrowing, it can now introduce those measures in Scotland. It is time for the SNP to stop talking and start acting.
Let me respond very directly to something important that the right hon. and learned Member for Camberwell and Peckham said, which was that in this Parliament there will also be the opportunity for the SNP to set out what it means by full fiscal autonomy. I am clear about what that means: it means raising 100% of what it spends. That means asking Scottish people to pay almost an extra £10 billion in taxes or making almost an extra £10 billion in additional cuts by the end of this Parliament. That is £5,000 of higher taxes or additional cuts for every single family in Scotland. That is the true price of the SNP. It is ironic that the party in this House that claims to represent Scotland advocates a worse deal for Scotland than the rest of us do. People who want the best for every nation of our United Kingdom should fight for a Union with solidarity at its heart. That is something that I will always do because I am proud to lead the Conservative and Unionist party.
Kevin Brennan (Cardiff West) (Lab)
On dumping policies overnight, how many of the Prime Minister’s right hon. and hon. Friends came to tell him that they would not support him over the proposed repeal of the Human Rights Act?
The Prime Minister
Let me put the hon. Gentleman out of his misery. Be in no doubt: we will be introducing legislation and legislating on this issue because I want these decisions made by British judges in British courts, not in Strasbourg.
This Queen’s Speech provides a clear programme for this Government, delivering for working people: more jobs, more apprenticeships, more tax cuts, more help with childcare, and more opportunity to get a home of your own. The best education for every child, a strong and properly funded NHS, and the chance to raise your family and enjoy a decent and secure retirement: that is what this Queen’s Speech is about, and that is why I am fighting for it in this Parliament. It is a Queen’s Speech for working people from a one nation Government who will bring our country together, and I commend it to the House.
Oral Answers to Questions
Kevin Brennan Excerpts(9 years, 4 months ago)
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The Deputy Prime Minister
As the right hon. Gentleman will have seen from looking at his well-thumbed copy of the coalition agreement, the section on constitutional and political reform floated a package of measures, including House of Lords reform, boundary reform and party funding reform. Unfortunately, on a number of those crucial items—for instance, on party funding reform and House of Lords reform—his party decided not to see through those reforms. I just think that most people accept that constitutional reform is best done, first, on a cross-party basis and, secondly, not on a piecemeal basis. That is why I think it was right, when it became obvious that there was no longer cross-party consensus in favour of ambitious constitutional reform, that the deal was off.
Kevin Brennan (Cardiff West) (Lab)
T9. The Deputy Prime Minister accepted over £30,000 in donations from Autofil in Nottinghamshire, which is transferring 160 British jobs to Bulgaria. If those jobs were in Sheffield, would he still be taking the money?
The Solicitor-General
May I first welcome the hon. Gentleman to his position and offer warm congratulations to him? The point he makes is perhaps more relevant to other types of sexual offences that are not included in the schedule to the Armed Forces Act 2006. When it comes to rape and serious sexual offences, I can assure the hon. Gentleman that the rigorous standards used by the CPS are those adopted by the SPA as well. The joint training and joint working I mentioned allow the Attorney-General and I the reassurance we need to make sure that these serious matters are prosecuted effectively.
Kevin Brennan (Cardiff West) (Lab)
7. What recent assessment he has made of the cost to the public purse of errors in law made by the Crown Prosecution Service when bringing forward prosecutions.
The Solicitor-General (Mr Robert Buckland)
There are a number of safeguards, both in the CPS and in the criminal justice system, to minimise the impact of errors in law. They include the CPS casework quality standards, judicial oversight, and the appeal process itself. There is no central record of the overall cost to the public purse when such errors of law occur, but whenever errors are identified, the CPS works to address them.
Kevin Brennan
May I encourage the Solicitor-General to try to calculate the cost? Obviously, we should like to know what impact staff cuts in the CPS might have on the costs of cases, and, in particular, how they might affect the ability of the CPS to prepare and present cases. In that spirit, will the Solicitor-General undertake to try to identify the cost and let the House know what it is?
The Solicitor-General
I am grateful to the hon. Gentleman for the spirit in which he asked his question. I can tell him that the total value of cost awards against the CPS was only 0.2% of its budget, and that, within that percentage, identifying specific errors of law was going to be very difficult. However, I can assure him that only 142 appeals against conviction were allowed last year, and that very few of those will have involved an error of law on the part of a CPS lawyer. An error might well have been made by the trial judge, or might have been made at some other point in the system, but I can assure the hon. Gentleman that the number of errors of law committed purely by CPS lawyers is very small indeed.