Data (Use and Access) Bill [Lords]

Nadia Whittome Excerpts

Wednesday 7th May 2025 Commons Chamber

[Chris Bryant]

I am terribly sorry, but I do need to crack on because I have very little time.

I have not yet mentioned new clause 21 and amendments 39 and 40. Let me start by saying that the Government accept the Supreme Court ruling, but it is paramount that we work through this judgment carefully, with sensitivity and in line with the law. We cannot simply flick a switch; we must work through the impacts of this judgment properly, recognising that this is broader than data used by digital verification services. I reflect the comment made earlier by the shadow Minister, the hon. Member for Runnymede and Weybridge (Dr Spencer), when he said that data accuracy is important.

[Nadia Whittome (Nottingham East) (Lab)]

I thank my hon. Friend for giving way. Trans people and trans-led groups have been very concerned by new clause 21 tabled by the Opposition. They have rightly described it as an attack on trans people’s rights and their privacy. Can the Minister offer some reassurance that, as well as opposing this amendment today, the Government will not seek to introduce similar legislation via other means in the future?

[Chris Bryant]

We are opposing the amendment and are not intending to introduce similar legislation.

As I said, data accuracy is important. That is equally true for any data used in a digital verification service. That is why the Government are already engaged in an appropriate and balanced range of work on data standards and data accuracy. We are already developing data standards on the monitoring of diversity information, including sex, via the Data Standards Authority. Following a review, the Office for Statistics Regulation published updated guidance on collecting and reporting data and statistics about sex and gender identity last year, and all Government Departments are now considering how best to address the recommendations of the Sullivan review, which we published. That is the first reason why we will not be supporting this new clause or the amendment today. Simply, we believe the concerns regarding the way in which public authorities process sex and gender data should be considered holistically, taking into account the effects of the Supreme Court ruling and the specific and particular requirements of public authorities. By contrast, the new clause and the amendment would undermine the work the Government are already doing. Giving the Secretary of State a new regulatory rule would undermine the existing processes that ensure compliance with the UK’s data protection.

Secondly, the new clause is misplaced because the Bill does not alter the evidence which can be relied upon to prove sex or gender. Indeed, it does not seek to alter any of the content of data used by digital verification services. Instead, the Bill enables people to do digitally what they can presently do physically, and it is for organisations to consider what specific information they need to verify in their particular circumstances. Any inconsistency between what they can do digitally and what they can do physically would obviously sow further division.

Thirdly, the new clause is unnecessary, because it is very unlikely that digital verification services would be used in many, if not all, of the cases specifically raised by or with hon. Members, such as within the NHS to gain access to single-sex wards or for screening or to enter other female-only spaces. We expect digital verification services to be used primarily to prove things such as one’s right to work, or one’s age, address or professional or educational qualifications, which are not matters where sex or gender is relevant at all.

Fourthly, the new clause goes significantly further than the findings of the Supreme Court. Finally, the proposals have the potential to interfere with the right to respect for private and family life under the Human Rights Act by requiring public authorities to record sex as biological sex in all cases regardless of whether it is justified or proportionate in that given circumstance. In addition, the amendment does not take account of the fact that the Gender Recognition Act 2004 gives those with gender recognition certificates a level of privacy and control over who has access to information about their gender history. As for amendment 39, it will create further uncertainty as it appears to prevent use of clause 45 in all cases involving sex.

As I have set out, while I understand the reason for tabling these amendments, I fear they would create legal confusion, uncertainty and inconsistency. I also note that they were not part of the previous Government’s version of this Bill, in which in nearly all respects this part of the Bill was identical to ours. Given the narrow scope of digital verification service measures, the need to consider this area holistically to ensure alignment with existing legislation, and upcoming EHRC guidance and the breadth of work already being carried out, I hope the new clause and amendments will be withdrawn.

There was one other amendment referring to digital verification services: the Liberal Democrats’ new clause 7. I completely share their concerns about digital inclusion, which were also mentioned by the hon. Member for Dewsbury and Batley (Iqbal Mohamed). We have published our own digital inclusion action plan, but such obligations could be particularly challenging for businesses currently operating solely in the digital sphere—for example, online banks. Taking a blanket approach in the way proposed would not be proportionate, so I urge that the amendment be withdrawn.

On scientific research, my hon. Friend the Member for Newcastle upon Tyne Central and West (Chi Onwurah) tabled amendments 37 and 38. Amendment 37 adds further conditions to the definition of scientific research. I understand her concern and we want to prevent misuse. However, the Bill does not expand the meaning of scientific research and already contains safeguards, such as in clause 86. Moreover, the amendment replicates wording from two external documents—including the Frascati document—neither of which were intended to be legally binding or to define scientific research. I am very happy to continue having these conversations with my hon. Friend, but I urge her not to press her the amendment.

On access to NHS data, which my hon. Friend the Member for Normanton and Hemsworth (Jon Trickett) raised, let me just answer his direct question about the sale of NHS data. The Secretary of State for Health has said categorically that the NHS is not for sale and that patients’ data is not for sale—end of story. I hope we can put that one to bed.

On ethnicity data, my hon. Friend the Member for Birmingham Edgbaston (Preet Kaur Gill) made valid points that we intend to pursue. Public bodies usually collect ethnicity data in line with the Office for National Statistics’ harmonised standards. The ONS is currently reviewing that and I am sure she will want to feed into that process.

I am afraid that I have not had time to refer again to AI and copyright, but this country is a—