Data (Use and Access) Bill [Lords]

Robin Swann Excerpts

Consideration of Lords message
Tuesday 3rd June 2025 Commons Chamber

[Chris Bryant]

Well, nobody is pulling my strings. I do not know what that final reference was to. I pay tribute to the hon. Lady and the Select Committee, who have done important work in this field. Some of what we have committed to in previous rounds of ping-pong in this House has sprung directly from what her Select Committee asked us to do. We will continue to listen to that. As she knows, we have always said, right from the beginning, that a key aspect of any package we bring forward would be something around transparency.

I will come on to the precise matters in the new clause before us, and I hope that might explain why we are urging the House to reject the amendment today. It is a delight to hear from the hon. Lady, and she need not doubt me.

[Robin Swann (South Antrim) (UUP)]

Will the Minister give way?

[Chris Bryant]

Another delight.

[Robin Swann]

I know that the Minister does mean it in this case. He talks about the speed of moving this legislation on to the statute book. I note that legislative consent motions are in from the Scottish Parliament and the Welsh Assembly, but as yet there is not one from the Northern Ireland Assembly. Can he give me clarification as to what implication that legislative consent motion not being in place will have for those businesses and individuals in Northern Ireland who will be affected by this legislation?

[Chris Bryant]

I have spoken to Ministers in Northern Ireland, and they have already laid that legislative consent motion. My understanding is that that process will be fully done in time for Royal Assent, so he need not worry. We have sorted that one out, too.

I promised the Chair of the Select Committee, the hon. Member for Gosport (Dame Caroline Dinenage), that I was about to come on to the precise details of the amendment, so I will address that. First, as Baroness Jones of Whitchurch, my noble colleague, said in the Lords yesterday,

“the Government’s report on the use of copyright work in the development of AI systems will address two additional areas, specifically highlighted by the noble Baroness’s original amendment”—

the one that we are now considering—

“how to deal with models trained overseas; and how rules should be enforced and by whom.”—[Official Report, House of Lords, 2 June 2025; Vol. 846, c. 481.]

We will do subsection (1) of the new clause as part of our report and economic impact assessment. In other words, we have already committed to do half of what is in the amendment, and I would therefore argue that that half is unnecessary.

The second part of the new clause is problematic, and I think it would be problematic for any Government. It requires the Government to produce a draft Bill on copyright and AI according to a specific timetable. It lays out elements that that Bill must include and determines how it should be considered by this House. I cannot think of any Bill in our history that has included such a clause, for very good reason. A central plank of parliamentary sovereignty is that no Parliament can bind its successor. That does not just mean from one Parliament to another; it means that one Session of Parliament cannot bind a future Session. However, the Kidron amendment says that, for instance, the draft Bill

“must make provision for enforcement”.

What happens if it does not do so, or if the measures it includes for enforcement are not sufficient in some people’s minds? Where would that be adjudicated? How would it be decided?