Data Protection Bill [ Lords ] (First sitting)

Mike Wood Excerpts

Tuesday 13th March 2018 Public Bill Committees

There was a broad conversation about this issue in a general debate before Christmas on data protection, before the Bill was laid. Ministers on the Treasury Benches said that the Department for Exiting the European Union would set out why we did not need to include article 8 of the charter, given that it is present in other areas of UK law. On 5 December the same Department released its analysis, which acknowledged that article 8 of the charter had “no direct equivalent” in the European convention on human rights, and referred back instead to the Data Protection Bill.

[Mike Wood (Dudley South) (Con)]

The hon. Gentleman is selectively quoting from that analysis. As he will see, it also says that the European Court of Human Rights —I think that the case concerned Finland—held that article 8 of the European convention on human rights encompassed data protection rights that were protected in article 8 of the charter.

[Darren Jones]

Of course the hon. Gentleman is right that the article includes principles of data protection, but we are trying to make the Government’s job in seeking the decision on adequacy with the European Union as easy as possible. This seems an easy way to facilitate that. Clearly, there is a dereliction of fundamental rights through not copying and pasting this across into UK law. Although there are data protection principles under the European convention on human rights, article 8 states:

“Everyone has the right to respect for his private and family life, his home and his correspondence.”

That does not sound very modern or digital to me. Although rights flow from that, the charter rights on communications—specifically electronic communications— seem much more fit for the future. I welcome the Secretary of State’s comments that the Bill seeks to make our country fit for the future. Let us rely not on a world of manual correspondence, but on one of electronic communications.

The new clause is not ideological; it does not seek to rebalance power between business controllers and individual citizens. It merely seeks to replicate what is in law today: a basic and fundamental human right that seems to me and to others to be perfectly sensible. Only yesterday, I was in Brussels with the European Scrutiny Committee, meeting Mr Barnier. He talked positively about wanting to get agreement on data adequacy, given its importance—not least because 11% of global data flows come to the UK, 70% of which are with the EU. It would be a disaster for this country if we did not have adequacy, so let us make our job easier to effect that shared aim across the Floor of the Committee and with our counterparts in Europe of seeking a decision on adequacy. Let us put this new clause into the Bill, so that we maintain the position that our data subjects have today: a fundamental right, which is in the European charter of fundamental rights, and in the future will be in this Bill.

Data Protection Bill [Lords]

Mike Wood Excerpts

Money resolution: House of Commons & Programme motion: House of Commons
Monday 5th March 2018 Commons Chamber

[Mike Wood (Dudley South) (Con)]

I intend to speak only briefly, as this is a strong Bill that will empower people to take control of their data. I am pleased to see such broad support for it receiving its Second Reading, but I am not able to support the provisions in the Bill that would implement section 40 of the Crime and Courts Act 2013. It seems that I am one of the few Members speaking in this debate who has not had to declare an interest as a former journalist—unless, Madam Deputy Speaker, you count four days’ work experience with the Stourbridge News 25 years ago, just to put that on record. A lack of journalistic experience, however, does not mean not understanding or appreciating the importance of a strong and free media for our political, community and social lives.

The relationship between politicians and the media ought to be uneasy. It is safe to say that the press and the media more broadly can be something of a pain in the neck. On occasions, that sensation may be felt in an area a little lower down, and I know that from personal experience. Shortly after I was elected, I stayed at the Carlton hotel at the back of Victoria station. No one could describe it as luxurious, yet The Guardian reported this as claiming on expenses to stay at the Ritz. If I could negotiate a room at the Ritz for £119 a night, I feel that the Prime Minister might find a role for me in the current negotiations. Clearly, people will have different levels at which they feel the need to respond to such inaccurate claims.

[Mr Gregory Campbell (East Londonderry) (DUP)]

The hon. Gentleman says that some sections of the media can be a pain in the neck. No one should take exception to that. Setting aside any pains anywhere, the problem many of us have is that on occasions some sections of the media are exceptionally unfair. They do not seek balance and they do not seek equity in terms of the various parts of any debate. That is why many of us have a problem, particularly with the broadcast media, including certain sections that we pay for.

[Mike Wood]

I understand exactly the hon. Gentleman’s point, with which I have a little sympathy. However, when the media are behaving unfairly and something is inaccurate, distorted or misleading, it is of course right that there are proper procedures for redress. I have absolutely no problem with greater access to justice, but, on the measure’s own terms, it would fail in this regard.

Clearly, the hope is that the proposal would somehow pressure the media into signing up to a state-approved regulator, but for those who remain outside such a system, changing the basis for awarding costs would not improve access to justice. It would not prevent our libel and defamation laws from being the preserve of the already rich and powerful. All it would do is deter proper, quality investigative journalism. It would deter community and local reporting, where, shall we say, conflict within communities is not unheard of. If, when a claim is brought, there is an assumption—not quite but almost without regard to the merits of the case or who the claimant is—that the defendant will have the costs awarded against them, that is an enormous disincentive to continue with a story, even when doing so is clearly in the public interest. It must be the case, when there is criminal behaviour and when something is actionable—

[Liam Byrne]

Will the hon. Gentleman give way?

[Mike Wood]

I am just concluding. When something is criminal, the full weight of the law should fall on those who break it. When something is actionable, we need streamlined procedures that actually work—an array of alternatives, not just the one-trick pony in this proposal. However, when publishers are confident that their story is accurate, fair and proportionate, the only proper response is to publish and be damned.