Local Authorities: Tourism

Lord McNally Excerpts

Monday 28th October 2019 Lords Chamber

[Baroness Barran]

The noble Lord has more experience than I have of standing up to the Treasury. The DCMS absolutely believes in tourism: that is why we were so committed to working for a sector deal, which has been universally welcomed by all parts of the industry and gives us exciting opportunities to develop it, particularly outside London.

[Lord McNally (LD)]

My Lords, your Lordships’ Select Committee that looked at seaside towns identified the concentration of social and other problems in former hotels which had become houses in multiple occupation and were often exploited by landlords. Is there not a very strong case for giving local authorities in these areas bespoke powers to deal with abuses of this kind?

[Baroness Barran]

I fear that I may have to consult my colleague in the Ministry for Housing, Communities and Local Government about houses in multiple occupation. Perhaps I may write to the noble Lord.

Online Pornography: Age Verification

Lord McNally Excerpts

Thursday 17th October 2019 Lords Chamber

[Baroness Barran]

I am glad that the noble Lord supports the duty of care approach, as set out in the online harms White Paper. I think all sides of the House can agree that a voluntary approach has not worked to date. In terms of the administrative oversight, that is still the reason for the original delay.

[Lord McNally (LD)]

My Lords, there is an old way of testing a Statement—look at who is smiling and who is not. Is the Minister aware that this Statement will bring profound disappointment to many, including many in this House, who worked long and hard to get a system that would work, and work now, into the Bill? We were promised this for next month. Her colleague who answered my question on 30 September said:

“Policymakers around the world are watching the code’s progress and waiting to follow our lead”.—[Official Report, 30/09/19; col. 1556.]


Our lead is to now postpone this protective measure for at least three years. The Government should be ashamed of themselves.

[Baroness Barran]

I do not think that anyone is smiling about this. I hope the noble Lord will accept that. Dealing with online pornography is not a smiling matter. Clearly, both the Secretary of State and the Minister in the other place reflected long and hard before making this decision. They genuinely believe that by applying a more comprehensive approach we can end up with a better result for our children and grandchildren.

Gambling: Children in Africa

Lord McNally Excerpts

Wednesday 17th July 2019 Lords Chamber

[Lord Ashton of Hyde]

I was suggesting that that would be a change to the existing arrangements and that I do not think it right to suggest a change in the criminal law from the Dispatch Box without considering it fully.

[Lord McNally (LD)]

My Lords, an earlier Minister referred to corporate social responsibility. Clubs such as Everton and Tottenham Hotspur have corporate social responsibility not only in this country but abroad; they should not be allowing their players to endorse gambling in Kenya and other foreign countries in ways that would not be allowed in this country.

[Lord Ashton of Hyde]

I do not completely agree with the noble Lord. I agree that they have social responsibility and must protect not only their own good name but that of football, which is an asset to this country. But corporate bodies have to obey the laws of the countries in which they perform. That is their legal duty and what the Gambling Commission will take into consideration.

Social Media

Lord McNally Excerpts

Thursday 11th July 2019 Lords Chamber

[Lord McNally (LD)]

My Lords, I have never tweeted—it is far too dangerous—but I know what the noble Baroness is talking about. My declaration is that I am a resident of St Albans. I am not an Anglican, but I and all the citizens of St Albans enjoy the benefits of our wonderful abbey, and the ecumenical approach of Bishop Alan and our dean, Jeffrey John, to making that abbey available to all faiths and none with a wonderful programme of outreach.

I very much welcomed the launch of these social media community guidelines by the Church of England, and the digital charter. If I may tread on the right reverend Prelate’s territory, reading it, I did not think it was original. It could be summed up as telling us that when using social media, “Do unto others as you would have them do unto you”. I was talking to a fellow Peer involved in this, who was rather depressed that such good intentions were all too late. The trolls, the bullies, the paedophiles, the groomers, the fantasists, the conspiracy peddlers and the political extremists of all shades have already polluted the waters and debased the standards of what was originally a magnificent, free good. I agree with the noble Baroness, Lady Chisholm, that there is a need for us to stand up for free speech and the rights of individuals affected by that kind of behaviour.

I do not believe that the internet is beyond regulation or the rule of law. I also agree with the noble Baroness that nor is it a one-way street. I have mentioned how impressed I was when, answering a Question about young people’s mental health, the Minister pointed out that, yes, trolling, abusing and bullying was causing young people great stress, but often it was on the internet that they found the solution or the way forward in their distress, so it not a one-way street. I welcome the Government’s attempts to achieve cross-party agreement on internet regulation: how much should be statutory and how much voluntary, who should be the regulators and what powers should they have?

As the Minister knows, I believe that many of these matters could be dealt with by a pre-legislative scrutiny committee of both Houses, but there are issues that need urgent “this day” action, and could and should be dealt with now, in advance of the main legislation. I hope that the noble Baroness, Lady Kidron, and my noble friend Lady Grender will address these later in the debate. In the meantime, Ofcom, the Information Commissioner’s Office and the Electoral Commission should be charged with doing the groundwork for the regulator that this legislation will create. All three bodies have proved robust but, in the case of the Electoral Commission, underpowered.

Again, I chime with the noble Baroness, Lady Chisholm, in saying that Ofcom should promote digital literacy as a fourth pillar of education, alongside reading, writing and maths. As the line between print and online becomes increasingly blurred, the big internet companies—the FANGs—should see Impress as a possible independent regulator. The GDPR has shown that it is possible to achieve international standards. We should aim for a kind of Geneva convention against internet harm. We must also beware of slippage. The Government have shown good intentions, but we are two weeks away from a new Administration. The FANGs are powerful lobbyists. We will see where their priorities lie if we attempt to bring in regulation that really works.

Let me end with a quote from the noble Lord, Lord Puttnam, on whose committee I served in 2003, before the Communications Bill. We decided not to try regulating the internet as it came upon us, but the noble Lord said in his evidence:

“Our citizens can only be protected from online harm if the political system upon which society rests is itself rigorously safeguarded”.


That is why this call to arms we are involved in makes the Church’s document so timely. I am grateful to the right reverend Prelate for providing the opportunity to discuss these matters today.

Regulating in a Digital World (Communications Committee Report)

Lord McNally Excerpts

Wednesday 12th June 2019 Lords Chamber

[Lord McNally (LD)]

My Lords, the noble Lord, Lord Vaux, need not apologise. This is one of the few assemblies in the world where one would get as deep and thorough an analysis of the subject from one of its Members. I still remember the American Senate talking to Mark Zuckerberg and the chasm of understanding between the legislators and the techie was cruel to behold. So stay with us.

I want to refer to a comment by the noble Lord, Lord Inglewood. He talked about his chairmanship of the Communications Committee. I have never served on that committee or been its chairman, but for nine years I was leader of the Liberal Democrats here in the Lords and in that capacity I was on all the committees that looked at the structures of committees, et cetera. I can say that during that time there were one or two very severe attempts to get rid of the Communications Committee, usually by offering even more interesting things to members. It was something I seriously resisted, because I believe that its ambit covers such an important future agenda that it is important that it continue as a permanent committee of this House. Its importance is underlined by the report before us tonight and I congratulate the noble Lord, Lord Gilbert, both on the way he introduced it and on the way he herded the cats on the committee, as we were told. He had my noble friends Lady Benjamin and Lady Bonham-Carter as members, so I know exactly what he was talking about.

The committee has already had its impact: the Government have acknowledged that their online harms White Paper was influenced by some of the committee’s recommendations. Some 16 years ago I served on the Puttnam committee, the pre-legislative scrutiny committee for what became the Communications Act 2004. That Act created Ofcom, which has developed into a feared and respected regulator with public interest responsibilities. That committee took the conscious decision 16 years ago not to look into the idea of regulating the internet. The world wide web was seen as a free good and a boon to mankind. Ten years later, in addition to that libertarian approach, was the argument that the internet titans, the likes of Facebook, Amazon, Netflix and Google, were now so global and powerful as to be beyond the reach of any national jurisdiction—what I would describe as the Maxton approach.

Now the public mood has changed. As the noble Lord, Lord Gordon, said, that sense of wonder and awe has worn thin. In the United States, in Europe and here in the United Kingdom there is now a feeling that we have got to come to grips with the power of the internet. The chair of this committee, the noble Lord, Lord Gilbert, when launching this report said:

“A comprehensive new approach to regulation is needed to address the diverse range of challenges that the internet presents”.


Tonight, he called for urgent and compelling action. Tim Berners-Lee, the father of the world wide web, has said:

“While the web has created opportunity, given marginalised groups a voice, and made our daily lives easier, it has also created opportunity for scammers, given a voice to those who spread hatred, and made all kinds of crime easier to commit”.


The noble Baroness, Lady Kidron, quoted Mark Zuckerberg and other tech leaders as saying that they would now welcome some regulation, but I give a warning: do not underestimate the power of the lobbyists. The so-called FANGs have immense resources. I saw in the New York Times this week that even the Senate was backing off from too urgent action against them. In some ways, the story of the National Rifle Association should always be kept in mind if you are really challenging vested interests in a big way and, boy, that is what we are proposing to do.

The great debate is now about how and when we regulate. Both the committee report and the Government’s White Paper, along with many contributions to today’s debate, listed the harms and abuses that the internet has spawned—although I acknowledge along with the noble Lord, Lord Maxton, the many benefits that the internet has spawned as well. A few weeks ago the Health Minister was answering questions about the mental health damage to young people on the internet. She made the point in response, which I thought was very valid, “Yes, but also on the internet is found some of the help and advice that young people were often searching for, which they would not be able to find as easily elsewhere”.

We are talking about a balance, but the grooming and abuse of vulnerable groups, particularly children, is nevertheless one of the key things, and I pay tribute to the campaign that the noble Baroness, Lady Kidron, has led on this. As far as the kids’ code is concerned, all I can say is that we will be with her every step of the way, so she should keep going. There is of course use by terrorists, organised crime and, indeed, state agencies. There are also the undermining of democratic processes and the promotion of hate language towards race, sexual orientation and mental or physical handicap. The noble Viscount, Lord Colville, mentioned other health and social consequences, particularly with gaming addiction. The examples go on and on, and such a charge list creates a public and political demand that something must be done. The White Paper captures this sense of urgency when it says that things,

“have not gone far or fast enough”.

Our task is made easier by the committee’s recommendation of 10 principles to guide the development of regulation online. On the other hand, the recommendation that a new digital authority be created sets alarm bells ringing at the idea of yet another regulator in this sphere. We need to think carefully about what is needed. Such an authority will need a certain heft and clout to gain the respect of some pretty big beasts.

I remember that when the Puttnam committee was discussing the establishment of Ofcom we were told that Murdoch’s lawyers would eat this new regulator for breakfast. Well, it was not so. Now, 15 years on, we have reached a stage where “give it to Ofcom” seems to be the answer to every problem. That may be the answer, but let us weigh up the options. Whatever becomes this digital regulator will have to work closely with the ICO, the CMA and other bodies such as the Centre for Data Ethics and Innovation, as well as self-regulators such as the ASA and trade bodies such as the Internet Association. But Parliament will then have to decide where the buck stops and who makes the key decisions.

There will also need to be early work on data literacy. Here I agree with the noble Lord, Lord Maxton, that the long-delayed recommendation of the Puttnam committee for a clear policy of data literacy education is important, parallel with these developments. In addition, the CMA and the DCMS are going to need extra resources to take on their new responsibilities. I hope that I am not treading on too many toes in Whitehall if I say that there will be greater public confidence as we move forward if the DCMS is seen as the lead department, although of course the Home Office has a clear role in criminal, terrorism and intelligence matters.

I disagree with the statement that the DCMS cannot be the poacher and gamekeeper. The digital authority will have to have a parent department, but Parliament will need to be able to look at some detailed and specific proposals if we are to avoid a plethora of codes and regulators and a balkanisation of the system, a warning made by the noble Baroness, Lady Harding. I thought at one point that she was going to suggest that the whole lot be given to the Home Office, but she steered away from that nightmare. That is why it is not nostalgic for me to urge that, before we move to specific legislation, a draft Bill is submitted to a joint pre-legislative scrutiny committee of both Houses. The great benefit of the Puttnam committee process was its transparency and its open door to allow all interest groups to have their day in court. The outcome was a piece of legislation which was better and more robust because of that pre-legislative scrutiny. I am very interested to see that growing into a permanent Joint Committee of both Houses.

The noble Baroness, Lady McIntosh, mentioned democracy. One of the criticisms of the White Paper and the report is that they did not deal with the threat to our democracy posed by internet abuse. I am delighted to see on today’s Order Paper that a Committee of this House has been established to report on democracy and digital technologies. I was even more delighted when I saw that the noble Lord, Lord Puttnam, had been appointed chairman. I hope the Minister will assure us of his department’s full co-operation with the work of that committee.

My final appeal is that we remain major players in international discussions on these matters. Between 2010 and 2013, I was the Minister involved in the early stages of GDPR negotiations. The GDPR may have its weaknesses, but it is an example of how international agreements can be reached on these matters. In the ICO and its commissioner, we have a real asset to be deployed in seeking international co-operation. I agree with the noble Lord, Lord Inglewood: I see no reason why we should not have the ambition to create a kind of Geneva convention on rules of behaviour for the world wide web.

Nor for the first time, the Communications Committee has produced a report which brings credit to this House and positive and useful advice to the Government, while providing clear advice for the next steps for all of us in this complex and fast-moving world. In that respect, we are all in its debt.

Online Harms White Paper

Lord McNally Excerpts

Tuesday 30th April 2019 Lords Chamber

[Lord McNally (LD)]

My Lords, it is always a pleasure to follow the noble Lord, Lord Griffiths of Burry Port, and I certainly want to follow the spirit of his intervention. Last Thursday, we had something of a dress rehearsal for this debate when we discussed the Communications Committee report UK Advertising in a Digital Age.

In the course of that debate the right reverend Prelate the Bishop of Durham quoted his son saying:

“Dad, you haven’t a clue … I have been raised in this digital world. I am inside it, day in and day out. You just don’t get it and your generation will struggle to”.—[Official Report, 25/4/19; col. 725.]


I was particularly sensitive to those comments because I suspect that my own children, all in their 20s, have a similar view of my capabilities. I am happy that my noble friends Lady Grender, Lady Benjamin and Lord Storey, all more savvy in this area than I am, will follow.

The truth is that the gap in comprehension between legislators and practitioners was there for all to see when the CEO of Facebook, Mark Zuckerberg, appeared before a Senate committee. The question out there is whether the Government and Parliament—as the noble Lord, Lord Griffiths, has just indicated—are flexible and nimble enough to address genuine public concerns and stay ahead of the curve as some of these technologies develop at breakneck speed. Perhaps it is a job for the Youth Parliament rather than this one. As I said last Thursday, many of our procedures and conventions have their roots in the 18th century not the 21st. In approaching this, therefore, we have to look not only at the legislation but at how we consult and involve people in introducing steps as we go forward.

As the Minister has said, there has been a general welcome for the direction of travel proposed by the White Paper. There are harms which need to be addressed, as demonstrated by the list referred to by the noble Lord, Lord Griffiths, and as explained to us by the noble Baroness, Lady Blackwood, in the Statement that preceded this discussion.

It is true that the White Paper is not without its critics. Last week, in evidence to a DCMS sub-committee, the Information Commissioner, Elizabeth Denham, expressed surprise and disappointment that the White Paper had not,

“done a comprehensive examination of political advertising and oversight that’s needed in this space”,

and the Electoral Commission has called for a range of measures to strengthen its oversight and promote transparency in digital campaigning. The Alliance for Intellectual Property caught some of the points made by the Minister and the noble Lord, Lord Griffiths, about the effect on business. It said:

“The paper fails to address the harmful activity that affects businesses, in terms of revenue generation, investment and creative innovation”.


Another group, Defend Digital Me, warns against giving the Home Office carte blanche to regulate the internet, saying that children must not be the excuse that is talked up into a reason enabling greater control of the internet by the Home Office. It expresses particular concern about paragraph 21 of the White Paper.

There are real and present dangers out there to be addressed, but also concerns that ill thought-out measures could undermine some of the real benefits that the internet has brought us. The challenge is to produce an internet that is open and vibrant, yet also protects its users from harm. The days are long gone when public opinion was content to see the internet as a kind of Wild West beyond the rule of law. We have now reached a situation where Mark Zuckerberg of Facebook said:

“If the rules for the internet were being written from scratch today, I don’t think people would want private companies to be making … decisions around speech, elections and data privacy without a more … democratic process”.


Quite so.

Nor are we starting from an entirely blank sheet of paper. In the Information Commissioner, we have someone with authority and respect both at home and abroad. We have an Electoral Commission that will need extra resources and new powers to protect our democracy from abuse carried out using new technologies. Ofcom, a creation of the Communications Act 2003, has proved a highly successful and respected regulator. We also have good examples of international co-operation in the field. The EU general data protection regulation is now embedded in the Data Protection Act 2018 and is a good example of addressing online harms via international co-operation. I understand that the GDPR is now being looked at by a number of other jurisdictions, which are using it as a template for their own legislation. Taking up the point that the Minister made in his opening remarks, I see no reason why we should not aspire to global conventions which the whole world can adopt.

In so doing, we must be aware that elsewhere in the world, authoritarian Governments are attempting to insulate themselves from transparency and accountability by trying to curb and shackle the internet, precisely because of its ability to shine light into dark corners. Of course we want to see the freedom of the press upheld. I think the technology is taking us into difficult areas here. There is an overlap between print media organisations and their online publications, and there are questions about where the various jurisdictions apply. Before those organisations get too indignant, it is interesting to note that the worst offender following the Christchurch tragedy was Mail Online, which continued to carry a video of the tragedy, and the manifesto behind it, long after Facebook had taken them down.

The White Paper paints a very broad canvas and, as I have cited, critics call for more action and greater safeguards. I just wonder whether draft legislation would not benefit from pre-legislative scrutiny along the lines of the Puttnam committee, which examined the Communications Bill in 2002 and on which I served. I am delighted to see the noble Lord, Lord Puttnam, in his place. That committee held hearings in public and on the air. As a Joint Committee, it was able to draw on strengths and experiences from both Houses.

By the end of the process, we will have a suite of powerful regulators overseeing these matters: the new super-regulator envisaged by the White Paper, the ICO, Ofcom, a better resourced and empowered Electoral Commission and a revitalised CMA. But how will they work together? Who will report to whom? Will some take responsibilities already held by other regulators? There is a lot of thinking to be done. In the Statement the noble Baroness, Lady Blackwood, spoke about a need for coherence in the way government approaches this. I wonder how interdepartmental co-operation will be achieved. Will there be a special Cabinet committee on this? How will that coherence across Whitehall be achieved?

Parliament, too, will have to give careful thought to how best it links in with this new regulatory framework, either by creating a Standing Committee of both Houses or perhaps by creating an advisory committee akin to the Bank of England’s Monetary Policy Committee, consisting of those best qualified to give advice on new developments in technology which would allow government and Parliament to future-proof as best we can, while keeping oversight of the new technologies within democratic control.

I hope this does not do too much damage to the reputation of the Secretary of State for DCMS, but I worked with him for a couple of years in the coalition Government. I have always admired his lawyerly calm. This will be much needed as we move ahead in this area. There will be great pressure on us to do something quickly. There is obviously a need to bring forward statutory regulation and there will be a need for education and training, to which some of my colleagues will refer. As well as the need to move quickly, there is also a need to get it right. Perhaps in helping to achieve that end, this House might yet prove its usefulness to my children and to the son of the right reverend Prelate the Bishop of Durham.

National Lottery Heritage Fund Grants: Conservation Management Plans

Lord McNally Excerpts

Wednesday 24th April 2019 Lords Chamber

[Lord Ashton of Hyde]

The Government have not been in touch with the 1,300 grantees but, as I said, the fund is producing a list of the 500 to 600 for which conservation management plans might have been produced. It will be able to ask those copyright holders whether they are interested in doing that.

[Lord McNally (LD)]

My Lords, it is clear that something terrible happened, but surely the way to make sure that it does not happen again is to give the National Archives absolute responsibility, whereby any holder of archives should consult it before contemplating any destruction or removal.

[Lord Ashton of Hyde]

I am sorry but I do not agree with the noble Lord that something terrible has happened. The National Lottery Heritage Fund has no remit to retain records. It is not an archive; it is there to promote heritage, and it is able to spend on heritage the £150,000 a year that is saved. First, as I said, the originals remain with the grantees. Secondly, the fund took legal advice and, even if it had retained them, it would not have been able to make them available. Therefore, there was no point spending £150,000 a year on retaining the documents when they were not the originals and the originals were available elsewhere.

Public Service Broadcasters

Lord McNally Excerpts

Thursday 28th March 2019 Lords Chamber

[Lord Ashton of Hyde]

The noble Lord is right that there has already been a lot of collaboration. Collaboration exists between Netflix and other subscription video on demand services and the public service broadcasters. That will continue and is being encouraged. Illegal boxes are illegal. They will be prosecuted within the law because they take away the benefits that public service broadcasting brings to ordinary citizens and consumers in this country.

[Lord McNally (LD)]

My Lords, one protection for public service broadcasters in the 2003 Act was prominence in the listings, yet now both the FANGs that have been described and the manufacturers are calculatingly getting around the listings to shunt public service broadcasting into the sidings. It will need from the Government and the regulator more than passive observation. Active action will be needed if the PSBs are to be protected.

[Lord Ashton of Hyde]

I agree with that. That is why we promised to legislate when Ofcom gives us its recommendations for the online prominence regime. If it needs legislation, the Secretary of State says that we will do that.

Festival of Great Britain and Northern Ireland in 2022

Lord McNally Excerpts

Monday 18th March 2019 Lords Chamber

[Lord Ashton of Hyde]

I do not know why that title was selected but it seems to explain exactly what the festival is all about.

[Lord McNally (LD)]

My Lords, is this new festival an opportunity to establish a museum of Brexit, where the record of this Government can be preserved for future generations? Would not the advantage be that there is already a perfect location in the Chamber of Horrors?

[Lord Ashton of Hyde]

I imagine that the noble Lord wants it to be publicly funded, but I do not think that that is necessarily what the public want.

Data Protection (Charges and Information) (Amendment) Regulations 2019

Lord McNally Excerpts

Monday 18th February 2019 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Ashton of Hyde)]

My Lords, I declare an interest which every Member of this House who speaks will have to declare so perhaps I can save them the bother. I will benefit from the fact that I will not have to pay the £40 charge if the regulations are approved. Secondly, my wife is a parish councillor and will also benefit.

The original regulations were debated and approved in this House on 20 March 2018. Noble Lords may recall that those regulations introduced a new charging structure to fund the Information Commissioner’s Office. The authority for doing so derived at the time from the Digital Economy Act 2017, now superseded by the powers set out in Section 137 of the Data Protection Act 2018. As we promised during those debates, we are now looking to implement a new exemption from the annual data protection charge for elected representatives, candidates for election and Members of the House of Lords for processing that they undertake in the course of fulfilling their democratic duties.

The new data protection framework is about protecting personal data—that is, information that can identify individuals. Some of us in this House will be data controllers—we may hold personal data—and are responsible for how that information is processed. There may be a number of reasons why we hold that personal data—for example, we may have been entrusted with it by members of the public for particular aspects of parliamentary work—but, as data controllers, we have various obligations under the Data Protection Act, including how we look after that information.

While we have previously debated the importance of having an adequately funded regulator, there will be some situations where it would be unreasonable for some data controllers to pay the charge or where the charge would give rise to unintended negative consequences. For that reason, Schedule 1 to the funding regulations details a number of exemptions to the payment of the charge. For example, any data controller who processes personal data only for staff administration purposes, or purely for advertising, marketing and public relations reasons, is not required to pay.

During the parliamentary debate of the original funding regulations on 20 March last year, the Government undertook to review these exemptions. A public consultation took place last summer and has been available online since June 2018. The consultation sought views on whether each of the exemptions was still appropriate; a proposed new exemption for elected representatives, prospective candidates for election and Members of the House of Lords; and whether any other new exemptions should be introduced. Respondents were broadly supportive of the current exemptions regime. However, there was also support for one new exemption for elected representatives, candidates, including prospective candidates for election, and Members of the House of Lords.

The Government’s view is that activity deriving from elected representatives’ public offices and functions should not be liable to a charge. Charges of this nature potentially represent a perceived or actual barrier to democratic engagement. A number of respondents supported this view. In light of this support, we have decided to take this amendment forward for implementation, so I now come to the details of the instrument.

The amendment introduces an exemption for: Members of the House of Lords who are entitled to receive a Writ of Summons to attend this House specifically for the purposes of related functions; elected representatives, as defined in paragraph 23(3) of Schedule 1 to the Data Protection Act 2018 in connection with the discharge of their respective functions; and relevant processing undertaken by candidates, prospective and nominated, seeking to become elected representatives. These exemptions cover those who are acting on instructions or on behalf of such Members and elected or prospective representatives. Importantly, that is not to say that all processing of data conducted by those listed in the amendment, including all Members of this House, is automatically exempt from paying a charge. The instrument makes it clear that the exemption relates solely to processing carried out by these parties in connection with their democratic functions.

In the case of prospective candidates, the exemption would apply only to processing in connection with those activities related to election or re-election in a post. It is important to extend the exemption to anyone seeking to become an elected representative, not just to nominated candidates. This is because formal nomination, the stage at which candidates are defined in electoral legislation, occurs only in the immediate lead-up to an election. Activity to support re-election is likely to predate this stage. Excluding prospective candidates from this exemption would place them at a financial disadvantage compared with their incumbent counterparts. We have restricted the application of the exemption to data processing associated with the functions of our respective roles. This provides a safeguard against misuse, for example by individuals falsely claiming to be prospective candidates.

I want to be clear that the exemption relates only to the payment of the annual data protection charge. It is not an exemption from data controllers’ important data protection responsibilities. Anyone who does not adhere to those responsibilities and principles will face enforcement action by the ICO.

I hope noble Lords will agree that this amendment is important to encourage wider participation in the democratic engagement process. The removal of a requirement to pay the annual data protection charge to the ICO will ensure that all prospective candidates will start their electoral campaigns on a footing equal to that of elected representatives already in post. It also reflects the high regard the Government place upon those undertaking public functions. I beg to move.

[Lord McNally (LD)]

My Lords, we welcome this statutory instrument and the exemptions provided for. Like the Minister and, I think, everybody in this House, we do not want a tax on democracy, but people should be assured that the legal responsibilities remain the same and can be quite onerous. The Minister’s last remark was that we must not allow people to use the candidate or even the MP or Peer as cover for activities that would be outside the narrow exemption of this House.

This reminds me of debates we had some 20 or even 30 years ago—in the early 1990s—when we brought in legislation about the financing of political parties. I remember that those of us who had experience of working for political parties were very conscious that they are all made up of volunteers, often amateurs. There was a danger in that legislation—and I think there still is—of putting on to enthusiastic volunteer amateurs, who make our democracy work, very onerous financial responsibilities in terms of election spending and, in this case, very onerous data protection responsibilities. There might be a case for giving political parties some funding for advice, training and support to make sure that these responsibilities are understood and work well.

What the Minister has had to say is very welcome, and we are all involved in this, but it appears that the initial advice was a little confusing and caused concern. Once these regulations are approved, as I am sure they will be, I wonder whether the House authorities can issue some clear and definitive advice that will be of benefit to Members of this House. We look forward to this SI being passed.