Data (Use and Access) Bill [Lords]

Nusrat Ghani Excerpts

Consideration of Lords message
Tuesday 3rd June 2025 Commons Chamber

[Dr Ben Spencer (Runnymede and Weybridge) (Con)]

Back again, and it feels a bit like groundhog day. I must confess that I am a Bill Murray fan, and I think “Groundhog Day” is a great movie. However, I realise that some Members on both sides of the House may not have been born when it was released, which makes me feel a little old, so I will explain a little of the plot. A weatherman set in his ways is sent to a town in Pennsylvania to report on groundhog day, and finds himself in a time loop in which he lives the same day over and over again. In due course, that leads to despair, but eventually he learns that this gives him the opportunity to learn from his mistakes—the time loops can be seen as a blessing or an opportunity, not a curse—and through this he grows, develops and changes. He then breaks out of the time loop to live happily ever after.

We will be stuck in groundhog day on this Bill until the Government realise that the Lords amendments are not a nuisance, but an opportunity, and that they need to listen to the concerns and change course. The noble Lords in the House in which this Bill started have made clear the risk to creatives from AI companies taking their data, and the importance of fairness and transparency. We on the Opposition Benches and Members on both sides of the House have raised similar concerns, but we do not have the numbers yet. In Parliament, it is not sufficient to win the vote; it is also necessary to win the argument, and the Government have lost this argument.

Copyright law is a toothless instrument if the lack of transparency about the use of creative content in AI models continues. The lack of transparency renders the enforcement of rights elusive, and the Government are apparently happy for this to persist on an open-ended basis. While the Government’s direction of travel remains uncertain, everyone loses out. Creatives continue to lose out when their work is exploited without payment. Firms in the AI industry, especially smaller ones, cannot get out of the starting blocks, let alone play their part in turbocharging our tech economy. The Government continue to risk the confidence of both these key industries, with the chilling effect on investment that this entails.

Of course, we are sensitive to the constitutional principles, and noble Lords were very mindful of that topic in their speeches in the other place. The Minister is right that it is almost unprecedented for the other place to return to a Bill so many times. However, rather than use this as a reason to try to push through the Bill, the Government need to listen to that evidence of the strength of feeling. We all know that the Government will have to respond to these concerns, and their position will have to change.

I would love to end this speech with a literary quote suited to the substance of the debate, and I envy the Minister’s ability always to bring flair to our discussions across the Dispatch Box. Instead, I will fall back on a political one from the 38th American President, Gerald Ford:

“Compromise is the oil that makes governments go.”

The Government should meet the Lords on the compromise they have offered, put oil in the engines of our creative and AI industries, and bring an end to this groundhog day.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the Liberal Democrat spokesperson.

[Victoria Collins (Harpenden and Berkhamsted) (LD)]

Here we are again. Once again, I would like to thank those in the other place who have worked so hard on these amendments, and indeed Members across the House who have stood up for creatives. We are back here again two weeks later to discuss and vote on Lords amendment 49F to secure the rights of creatives in the changing face of AI.

What has changed in those two weeks? An awful lot actually. Forty eight hours before we voted on the amendment on 20 May, the latest big AI tech launch occurred when Google launched Veo 3—literally an all-talking, all-singing, all-dancing AI video creator, the like of which we have never seen before. Seeing is believing, and even when you see it, you will not always be able to believe that what you are seeing is not real. The emotions of the characters created by binary code, a series of zeros and ones, have already had me laughing, feeling and thinking; their jokes like a stand-up comedian, the light of the sunset comparable to standing at the Ashridge beech woods as a perfect day’s golden hour arrives, the tangible fear of the binary character representing the actress, the director and the artist questioning what this means for them. The engineering, the development and, dare I say it, the creativity that has gone into developing such software is epic. There is no denying that, but I cannot help but wonder if all the value came from the engineering and the computing. What about the period dramas, the beauty of children’s illustration, the wit of the one-liner and the fast-paced thrillers that have helped to train this cinematic experience at the touch of a prompt?

As far as I can discover, Google representatives have previously mentioned that, as well as publicly available content, YouTube may have been used to train the model. I wonder how many must feel, seeing their creations replicated. Of course, this is just one example of the AI developments happening every minute. The alarm bell that creatives have been ringing has come to fruition a thousand times over. As much as I am sure that many creatives are excited about the possibilities, many will be questioning the implications for their industry, and this is just the tip of the iceberg. Just this afternoon, I spoke to creatives from the Creators’ Rights Alliance, who have proof of their works being essentially copied against their will. Artists, writers, photographers, filmmakers, singers and songwriters are watching their life’s work swallowed up.

I have not even spoken about Lyria, which writes music, or the thousands of other developments coming out of AI—incredible developments that we must celebrate, but we must also ensure that the creative work that has gone into it is also valued. While technology moves at pace, our frameworks for accountability have not kept up. In this moment, as artificial intelligence reshapes how creative works are used, adjusted and commercialised, the time for reflection is behind us. I appreciate the Government talking about protecting rights and the actions they are taking, but the time for real action is now. That is why I urge Members across the House to vote for Lords amendment 49F, to ensure transparency of business data is used in relation to AI models, a proportionate approach that calls to establish transparency. I urge the Government to also move at pace to protect creators’ rights with a plan and with everyone around the table, something we have heard across the House today.

As I walked around Little Gaddesden arts fair this weekend, I saw the bright colours and joy that had been created by Sally Bassett, Alison Bateson and Andrew Dixon. Right at the end of the road, Little Gaddesden village hall is where parts of “The Crown” were filmed. I thought of the legendary story about Picasso, which many Members may know. At a Parisian market, an admirer approached Picasso and asked if he could do a quick sketch on a napkin. He kindly obliged, creating art on the napkin. He handed it back to her, but not before asking for 1 million francs. “But it only took you five minutes,” barked the admirer. “No,” Picasso replied, “it took me 40 years to be able to draw this in five minutes.”

Given that prompts can create art, whether song, print, film or story, in seconds, who is being renumerated for the years of work that have gone into it? I urge Members across the House to vote for Lords amendment 49F. We must find a solution to ensure that human creativity is truly valued.