PARLIAMENTARY DEBATE
Data (Use and Access) Bill [Lords] - 14 May 2025 (Commons/Commons Chamber)
Debate Detail
Clause 28
DVS trust framework
That this House insists on Commons Amendment 32 to which the Lords have disagreed and disagrees with the Lords in their Amendments 32B and 32C proposed to the words restored to the Bill by the Lords disagreement.
That this House agrees with the Lords in their Amendments 34B and 34C proposed instead of the words left out of the Bill by Commons Amendment 34.
That this House disagrees with the Lords in their Amendment 43B.
That this House disagrees with the Lords in their Amendment 49B.
That this House insists on Commons Amendment 52 to which the Lords have disagreed and disagrees with the Lords in their Amendments 52B and 52C proposed to the words restored to the Bill by the Lords disagreement.
That this House does not insist on Commons Amendment 55 to which the Lords have disagreed and agrees with the Lords in their Amendments 55D and 55E proposed in lieu of Commons Amendment 55.
That this House agrees with the Lords in their Amendment 56B
I am delighted to be here today to discuss the Bill, which we last discussed in depth a week ago today. First, I would like to express how pleased I am that the other place has agreed to the Government’s amendments relating the national underground asset register and intimate image abuse. I pay tribute to all those Members of the House of Lords who took part in getting that part of the legislation to the place where it is now. I am glad we have been able to work with them. I will start by encouraging the House to agree to those amendments, before I move on to discuss the amendments relating to AI and intellectual property, scientific research, and sex and gender—in that order.
Lords amendments 55D, 55E and 56B, which were introduced to the Bill in the other place by the noble Baroness Owen of Alderley Edge, place a duty on the face of the Bill that requires the Government to: review the operation of the “reasonable excuse” defence in the offences of creating and requesting intimate image deepfakes without consent, or reasonable belief in consent; publish the outcome of the review in a report; and lay that report before Parliament. The Government were pleased to support the amendments in the other place, as we share the desire to ensure that the criminal law, and these offences in particular, work as the Government intend.
I want to praise Baroness Owen with regard to this part of the legislation. If it had not been for her, I do not think it would have ended up in the Bill. There was a bit of to-ing and fro-ing between her and the Ministry of Justice to ensure that we got the legislation in the right place. As I said in last week’s discussions, one of the issues was whether Baroness Owen’s original version of the second offence really worked in law; I think she agreed that our version, which we tabled in Committee, was better. We have been able to tidy up the question of the reasonable excuse. It is perfectly legitimate to ask how on earth there could be a legitimate or reasonable excuse for creating one of these images or asking for one to be created, and we went through those debates previously. I am glad that the Government have come to a settled position with Baroness Owen, and that is what I urge everybody to support here today.
The Government made a manifesto commitment to ban sexually explicit deepfakes, and the Bill delivers on that promise. For the first time, there will be punishment for perpetrators who create or ask others to create intimate deepfakes of adults without consent.
Secondly, I turn to the national underground asset register, which it does feel has been a long time coming. Of course, that is partly because the Bill is in its third iteration. Amendment 34 relates to the national underground asset register. An amendment was previously tabled in the House of Lords requiring the Secretary of State to provide guidance on cyber-security measures, which was rejected by this House. Last week, the Government tabled amendments 34B and 34C in lieu on this topic, which were drafted with the support of the security services. These amendments expand the scope from cyber-security only to general security measures, clarify the audience for the guidance and extend its reach to Northern Ireland, alongside England and Wales.
On all the amendments I have spoken to thus far, I thank our noble colleagues in the other place for their work and support to reach agreement in these areas. I urge colleagues here today to support these amendments, too; otherwise, we are never going to get the Bill through.
There are very serious issues in relation to AI and copyright, which I am about to come on to, and I know the point the right hon. Gentleman is making on technical standards. [Interruption.] He keeps on talking at me—I am happy to give way to him again if he wants, but I cannot hear what he is saying.
Although I was not able to listen to the whole of the debate in the House of Lords the other day, the Secretary of State and I stood at the Bar of the House to listen carefully to considerable parts of the debate. I want to make two separate but interconnected points on AI and intellectual property in relation to the Bill. First, there is an urgent issue that must be addressed—namely, what is happening today, and, for that matter, one could argue what happened yesterday, last week, last year and two years ago. To be absolutely clear, I will reiterate that copyright law in the UK is unchanged. Works are protected unless one of the existing exceptions, which have existed for some time, such as exceptions for teaching and research, applies, or the rights holder has granted permission for their work to be used. That is the law. That is the law now, and it will be the law tomorrow if the House agrees with the Government and rejects the amendment tabled by Baroness Kidron and supported in the House of Lords. As I have said previously, I am glad that several creative industries have been able to secure licensing agreements with AI companies, including publishers, music labels and others, under the existing law. I want to see more of that—more licensing and more remuneration of creative rights holders.
I am aware that there are quite a lot of publishing houses in the UK that are determined to secure licensing deals with AI companies, both in the UK and overseas. First, they want to ensure that those AI companies remunerate them and, secondly, they want to ensure that they have very high-quality, up-to-date information and data going into them, so that if somebody searches for immunotherapy, for instance, they will have the latest information on immunotherapy, not stuff that is five, six or seven years out of date, or that may have come from a dodgy source.
The second point I want to make is this. The right hon. Lady said that this amendment would sort the problem today, but it would not. It would do nothing today, or indeed for a considerable number of months. Therefore, there is an issue about what we do today—what we as a Government do, and what we as the creative industries and everybody working together do, to ensure that we protect copyright under the existing law as it is today.
One area that is in our consultation but is yet to be addressed by anybody in any of the debates I have heard in this House or the other place is this: what we do about the copyright status of works that are solely or largely created by AI, because it is a moot point what we should do about it under existing law? My point is simply that we need to address all these issues in the round rather than piecemeal, and I will come on to that in more substance in a moment.
A point I made right at the beginning, when we introduced the consultation, was that there is a fair use system in the United States of America, while we have our system in the UK, and then there is a slightly different system in the EU, which has largely relied on the Napoleonic code understanding of what an author is and what a work is. All those systems are slightly different and have been implemented in different countries in different ways, and they may lead to different conclusions in individual court cases.
That is why we have wanted to look at every single element of this issue, from transparency to technical data, access to high-quality data, issues of enforcement and personality rights. There are a whole series of issues, many of which are yet to be addressed in debates in either Chamber. That takes me back to my point that I do not think this is the Bill in which to do this piece of work, and I do not think that the amendment we are debating will secure what people hope from it.
As I was saying, it was always going to be a package of measures, and we always said that we would not introduce that package unless we were secure in the belief that we could deliver for the creative industries a technical solution that made it simpler for them to enforce their rights and seek remuneration and that would lead to more licensing. That is a whole package.
When we last debated this, I said two things: first, that we are open-minded about where we are in relation to the consultation, and secondly—perhaps just as importantly—that our amendment 16 would require us to undertake an economic impact assessment of all the different options included in the consultation. I hope that answers my hon. Friend’s question. Somebody else wanted to ask another question.
“proposals to introduce an opt-out system of copyright rules was no longer his preferred option but one of several being given consideration.”
That is a very welcome change of heart, potentially, but it does not mean anything unless Ministers are prepared to repeat it in Parliament. Will my hon. Friend the Minister confirm that that is an accurate representation of the Government’s position?
The issue of the economic impact assessment is a serious one. It is one thing to say that the AI sector in the UK, which is the third largest in the world, is worth x billion pounds to the UK economy, and that the creative industries are worth £124 billion—that is a number that a lot of people have used—to the economy. It is quite a different matter to draw up a proper economic impact assessment on the basis of the various different options.
The important point is that we need to look at this in the round, rather than piecemeal. I do not think that what is on the amendment paper today would deliver anything now. Indeed, it does not purport to; it instead purports to give something in six, nine or 12 months’ time, or sometime in the future.
Frankly, I would like to stop doing the Data Bill and start going out and engaging with the Minister for AI and Digital Government, my hon. Friend the Member for Enfield North (Feryal Clark), to have as many sessions with creative industries and different parts of the sector and with the AI companies—in particular UK-based AI companies—to work out how we can get to proper solutions to all of this. However, until I get the Data Bill out of the way, I will struggle to do that.
On another point, I think of my hon. Friend the Member for Knowsley as a musician, because she is still a member of the Musicians’ Union. There is a really important part here for the different sectors within the creative industries. Word, image, music and sound will all probably need different technical solutions. That is the kind of nitty-gritty that we need to get into, which we can only really do when we consider the whole issue in the round, rather than just one specific aspect of it. Now, I think Margate calls.
The Minister is talking about the possibility that the amendments put forward would not do anything today, but there is an urgency in the creative industries because the stuff that they create is being scraped now. Will he prioritise transparency by committing at the Dispatch Box to introducing enforceable obligations, if not through a statutory instrument then at least through a clear public commitment, so that transparency will be central to the Government’s approach to AI and copyright?
The AI Minister—the Under-Secretary of State for Science, Innovation and Technology, my hon. Friend the Member for Enfield North—is chuntering in my left ear, which is helpful because she makes the point that this was the very first thing we discussed when came into office. With both of us in the Department for Science, Innovation and Technology, we discussed how we could get to a resolute piece of legislation that enabled greater licensing, greater deployment of artificial intelligence in the UK, in particular UK companies, and greater transparency. So I completely agree on that—
I understand that the timetable issue is a difficult one, and most things seem to be arriving in the spring with this Government, but could we talk about the format? Are we going to have the consultation, then a White Paper and then a Bill? Is that what it is going to look like? Will that perhaps be in the next King’s Speech?
That is the next stage. At the same time, we are considering what our response to the consultation should be. We have heard what many people in this House and in the House of Lords have said on this issue, and of course we will bear all that in mind. We are keeping an open mind in relation to that. I cannot give the hon. Gentleman a date for when we will publish that consultation, but we are working on it as fast as we possibly can.
Honestly, I have not been asked to go long. I am simply, because I do believe in parliamentary scrutiny, trying to answer all the questions and engage in a proper debate. I know that colleagues want to press me on a series of issues. There are some issues coming up that they might want to press me on that are completely different from this, and I am happy to be pressed, including by the right hon. Lady, as many times as she wants. But I do not think there was a question in her point. She thought she was trying to help me go long, but I am trying to go slightly shorter.
The moment that the Bill is out of the way, I and the two Departments I sit in—the Departments for Culture, Media and Sport and for Science, Innovation and Technology—would like to get people back in to work on two working parties. One would work on transparency and precisely what it looks like in granular detail—very high-level stuff does not really meet the moment. The second would work on technical standards and solutions that might deliver greater access to data for the AI companies, and on the ability for the creative industries to protect their works.
I do have some sympathy with Lords amendment 49B. There is one element that I would like to explore, which has been raised by the hon. Member for Perth and Kinross-shire (Pete Wishart). It is one thing for Getty Images, for example, to go to court and protect its rights under the existing law, because it has deep pockets and can engage lawyers. It is quite a different matter for individual artists, who may want to promote their work by putting it on the internet and do not want it to disappear from the internet, but also do not want it to be scraped and turned into another version of their work created by AI.
I take very seriously the point that this is not just about people with deep pockets; it is also about individual artists. We want to ensure that they are protected. I give way to the hon. Gentleman.
Let me give the hon. Member for North Dorset (Simon Hoare) one reason why I think Lords amendment 49B does not really work. Yes, we all agree that we should introduce transparency measures—although it is difficult to work out precisely how they would be proportionate and effective and work equally for big and small companies—but there is no point in having transparency measures unless we have an enforcement measure. An element of the proposed new clause refers to enforcement, but it basically asks the Secretary of State to draw up that enforcement. One would not expect to be able to do that in any other area without a full Bill devoted solely to that purpose. I wish that I could move faster, but I do not want to move faster than is required to secure an outcome.
Finally, the tech platforms refused to appear at a joint sitting of the Science, Innovation and Technology Committee and the Culture, Media and Sport Committee, but it is through transparency that we can ensure competition to identify the best technical solution.
We are determined that wherever we can, we will take creative industries with us, and we will be transparent about the work that we do. I want to lay to rest the idea that there are two Departments at war with one another. That simply is not the case. The two Departments are trying to work together to achieve good outcomes for everybody.
If it is all right with the rest of the House, I will move on to further subjects. The issues around scientific research—I can never work out where the emphasis lies when I say the word “research”—are embodied in Lords amendment 43B. Some people have suggested that the Bill will somehow create a wild west for research, but that is simply not true. The Bill does not change the threshold for what constitutes scientific research; we are sticking with what has been and is a fair, clear and proportionate measure, using the “reasonableness test” that is common in other legislation and well known by the courts.
As Lord Vallance said in the House of Lords earlier this week, this amendment would go against the good work done by the previous Government on avoiding unnecessary red tape for researchers. We have a world-class research sector in the UK. We want to empower it, not tie it up in red tape. We believe that documents such as the Frascati manual, which are useful and interesting in other settings, are not designed to contain legally binding requirements, so the amendment is misplaced.
If the amendment were carried forward, researchers would need to be able to demonstrate their work’s creativity to a legal standard. If someone’s work is aimed at testing or reproducing another researcher’s results, is it truly creative? That is a legitimate question, but it takes on a whole new meaning, and brings a whole new layer of bureaucracy, when enforced to a new legal standard, as the Bill insists, backed up by the potential for huge regulatory fines.
Similar issues arise in relation to requirements for research to be “systematic” and “ethical”. Those words are not necessarily well known in the courts when it comes to this legislation. As Lord Winston argued powerfully on Monday, if the amendment had been law 50 years ago, we may never have had in vitro fertilisation and the benefits spinning off from that, including valuable cancer research. Those are the issues caused by putting such a test in a legally binding setting that it was never designed for.
A controller who wishes to change the purpose of data processing to scientific research must first ensure that they comply with clause 71’s rules on purpose limitation. Scientific research is not listed as grounds for exemption where data was collected on the basis of consent. Secondly, the controller would have to ensure that they passed a “reasonableness” test; thirdly, they would have to ensure that they had lawful basis; fourthly, they would have to ensure that they met the requirements of the safeguards in clause 86; and fifthly, they would have to ensure that the new processing was fair and complied with the wider data protection principles in UK GDPR. That is a very substantial set of safeguards. The Government cannot see how the Lords amendment would add value, on top of all those requirements against misuse, but it would have an effect on genuine researchers, as I have set out, burdening them with red tape and uncertainty and potentially excluding important research.
I turn finally to the issue of sex and gender, particularly in the context of the measures on digital verification services. I have tabled amendments to remove the measure that was voted for in the House of Lords on Monday, for reasons that Lord Vallance and I have noted in previous debates. For clarity, the data accuracy principle requires personal data to be accurate and not misleading for the purpose for which it is being used. That safeguard should ensure that personal data shared by public authorities with digital verification services for the purposes of verifying a particular attribute appropriately confirms the specific attribute in question. Public authorities and digital verification service providers are legally required to comply with that principle at different stages of the digital verification process. As I said last week, although it is very unlikely that digital verification services will be used in the kind of cases raised by Opposition Members, the provisions mean that if an organisation requests verification of a person’s sex at birth, the public authority must not share data that records gender more widely for the purpose of that check. Likewise, digital verification service providers must not rely on data that records gender more widely as part of the verification process in that scenario.
This Government recognise that there are instances where sex and gender data appear in the same field in public authority data sets. Existing legislation requires personal data to be accurate for the purpose for which it is being used, which means that personal data processed as part of digital verification checks must reflect the specific requirements of that check. I assure the House that if the Government were to identify an instance in which a public authority was sharing with digital verification services gender data that was mislabelled as biological sex data, we would respond appropriately.
To reiterate, this Government consider the issue of data accuracy to be of importance, and accept the Supreme Court ruling. That judgment and its effects must be worked through holistically, with sensitivity and in line with the law. The Government are already undertaking extensive work on data standards and data accuracy that will consider upcoming updated guidance from the equalities regulator. I do not think it would be appropriate to legislate in the way proposed without having taken those steps, particularly given the sensitive nature of this matter and the potential impact on people’s privacy and human rights.
I finish by noting your opinion, Madam Deputy Speaker, that Lords amendments 49B, 52B and 52C engage the financial privilege of this House, which the Government do not believe it is appropriate for this House to waive. I am sure that the other place will reflect on that carefully during its further consideration of the Bill. I am grateful to all those Members who intervened, and I hope that I have not managed to cut off anybody before their prime.
This is something that affects, and should concern, all Members of this House who do not sit on the Front Bench. Parliament hears important announcements as they affect our constituents, and public safety and the removal of people from our streets through the prison system and so on are of concern to all our constituents, irrespective of where we represent. I also understand that no indication has been given of a written ministerial statement on this important issue. As such, I rise to reinforce the point that has been made over the past several days on this significant breach of the ministerial code, and to inquire of you, Madam Deputy Speaker, whether—even at this late-ish stage on a sitting day—the Chair has had any indication at all of a statement from the Ministry of Justice, so that a relevant Minister can be questioned on what this policy means for our constituents.
I call the shadow Minister.
I will begin by speaking to Lords amendment 49B. We have been clear that supporting the creative and AI sectors is not a zero-sum game; we need to support both sectors. Through their ham-fisted consultation on copyright and AI, the Government have raised great concern throughout the creative sector, and the resulting attempts to amend this Bill have been in response to the mess they have created. In Committee and on Report, we set out a series of amendments that focused on the outcome—not the process—for a solution in this area. Those amendments focused on ensuring that the position in law of copyright in this area was clear, on the need for proportionate and effective transparency, on removing barriers to start-ups, and on facilitating technological solutions via digital watermarking.
In one of the many interventions on the Minister, my right hon. Friend the Member for North East Cambridgeshire (Steve Barclay) mentioned the importance of implementing digital watermarking. He referred to it as a response to deepfakes, but it also has relevance to technical solutions, and it strikes me as quite odd that the Minister went on to cover broadly the same topics in his opening remarks, despite pointing out to my right hon. Friend that those topics were not relevant to the ongoing debate. That indicates how confused the treatment of this area in the Bill has become, and the need for clarity.
I pay tribute to Viscount Camrose, Lord Parkinson, my hon. Friend the Member for Gosport (Dame Caroline Dinenage), my right hon. Friend the Member for Maldon (Sir John Whittingdale), Baroness Kidron, and others in this House and in the other place, for their work on amendments to reach a resolution in this area. We had sympathy with earlier versions of those amendments, but also concerns about their workability and prescriptiveness. We have worked with Baroness Kidron to get to a position that we can now support; we believe that solutions need to incorporate the principles of transparency and proportionality. The amendment is not a perfect solution, but it is more reasonable than doing nothing.
I find it astounding that the main criticism that the Minister has made of Lords amendment 49B is that it has a run-in period prior to implementation and that people are calling for things to happen now. That is an odd way of approaching legislating. As the Opposition, we are working with other parties, among others, to try to find a solution to get the Minister out of a hole. I hope that Members across the House support the amendment.
Moving on to digital verification services, I welcome the Lords’ disagreement with amendments 32 and 52, and support their amendments 32B, 32C, 52B and 52C on sex data accuracy, which received the support of Members in the other place. As my noble Friend Viscount Camrose said in his speech, it was necessary to re-table amended versions of the clauses on data accuracy previously secured in the other place because our new clause 21 was not in scope for debate in the Lords. The Lords amendments are technical and complex, so if you will forgive me, Madam Deputy Speaker, I will speak briefly to new clause 21 to explain for the benefit of Members how things have evolved over time.
Our new clause 21 would have compelled public authorities to correct the datasets they hold in relation to sex and to collect data on the protected characteristic of sex in accordance with the legal definition set out in the Supreme Court’s judgment: biological sex. It would also have allowed public authorities to collect data on acquired sex as recorded on a gender recognition certificate where that is relevant and lawful. It would have imposed no new obligations on the correction of data held by public authorities—the obligation already exists under article 5(1)(d) of the UK General Data Protection Regulation—but would simply have put in place a timescale for correcting data on sex. We know from the findings of the Sullivan review that that correction is much needed and long overdue.
To address a misconception, new clause 21 was silent on how sex is recorded in physical and digital forms of identity for those holding a gender recognition certificate. That is a sensitive issue for the 8,500 holders of GRCs in the UK, and we hope that much-needed clarity in this area will be given by the Equality and Human Rights Commission in its guidance due to be laid before Parliament next month. It will be up to the Secretary of State to make rules as to how that guidance is implemented in digital verification services. However, that issue, while important, does not affect the clear obligation that already exists in law to record data on sex accurately.
Lords amendments 32C and 32B, and disagreement with amendment 32, would compel the Secretary of State to examine whether the public authorities that will act as data sources for the digital verification services system ascertain sex data reliably in accordance with biological sex and, where lawful and relevant, with sex as recorded on a gender recognition certificate. That would prevent inaccurate sex data from being entrenched and proliferated in the digital verification services system. Lords amendments 52B and 52C, and disagreement with amendment 52, would give the Secretary of State the power to define in a data dictionary sex data as biological sex and, where relevant, sex as recorded on a gender recognition certificate. That could then be applied across the digital verification services system, the register of births and deaths, and other circumstances where public authorities record personal data. The amendments are critical for correcting our compromised datasets on sex and would ensure that poor-quality and inaccurate data does not undermine digital verification services.
To be clear, if our amendments do not make it into the Bill, self-ID will be brought forward through the back door, risking the protections that single-sex spaces offer to everyone. Self-ID is not and never has been the position in UK law. I do not understand why the Government are resisting these measures. Digital verification systems need to be trustworthy to deliver the benefits intended by the Bill. If they are not trustworthy, the system will fail. I therefore commend these vital and much-needed amendments to the House.
I am lucky enough to represent a part of Hertfordshire that is woven into British creativity, from Graham Greene of Berkhamsted, whose masterpiece “Brighton Rock” shaped our cultural consciousness, to Eric Morecambe of Harpenden, whose partnership in Morecambe and Wise brought joy to millions, while the music of the Devines from Berkhamsted gets us up and dancing, and local artists such as Mary Casserley and Andrew Keenleyside paint our daily lives in ways that bring perspective, colour and joy in a way that only artists can achieve. Our landscapes in Ashridge and Aldbury have inspired film-makers from Disney to the producers of the Harry Potter films, and our pubs have been featured in films including “Bridget Jones”.
Today, this creative legacy faces an unprecedented threat. The current situation is more than just alarming; it is threatening the essence of our national identity and our creative economy. We hear concerns about resources for protecting our creative sector, but those arguments miss a crucial point: our creative industries, combined, contribute £126 billion to our economy, employ 2.4 million people, and are growing significantly faster than the wider economy. The question is not whether we can afford to protect these industries, but whether we can afford not to. When we invest in enforcing copyright protections, we are also investing in safeguarding one of Britain’s greatest economic assets and our competitive advantage on the world stage.
The transparency provisions in Lords amendment 49B are essential and proportionate. They apply proportionately to businesses of different sizes, while ensuring that our creative powerhouse can continue to thrive and, indeed, work hand in hand with technology. True leadership in AI means building on respect for creativity, not exploitation. Let me make it clear that this is not about resisting technology, but about recognising value and safeguarding innovation—and that brings me back home to Berkhamsted.
In the heart of my constituency sits the British Film Institute National Archive, one of the largest and more significant film collections in the world, comprising over 275,000 titles and 20,000 silent films dating back to 1894. It is a living memory of our national story, told on screen. Would we allow anyone to walk into the BFI and take whatever they liked? Would we let them scan, copy and republish those works without permission or compensation? Of course not. So I ask the Minister, why would we allow the same thing to happen in the digital world?
This is a defining moment. We can build an AI-powered future that respects and rewards creativity, or we can allow short-term interests to strip-mine the work of generations. The question before us today is simple: will we stand for a future when technology and creativity flourish together, or will we allow the foundations of our cultural life and economic prosperity to be hollowed out for short-term gain? I urge the Government to stand up for our creators, stand up for transparency, and stand up for the principle that, in the age of AI, human creativity still matters.
On Second Reading, the Minister was unable to address the points that I raised; he ran out of time because of the length of the debate on AI and copyright, and I rather feel that the same has happened today. In the meantime, however, he wrote to me extensively to address my concerns. Although I do not think all of them were fully addressed, I was convinced that the Minister and, indeed, the Government did not intend this measure to widen the circumstances in which data could be reused for scientific research without consent. I am thinking of circumstances in which data would be reused for the training of AI models which were in themselves not contributing to new, creative scientific research. I believe—let me emphasise this—that all scientific research is creative, and that even if it is simply reproducing existing findings, it is creating confidence in the stock of scientific knowledge. I understand that the Minister does not intend to create a wild west, and I hope that he can confirm specifically that it is not the policy, intention or effect of the provisions to enable the reuse of personal data for AI.
There is profound disappointment within the creative sector today. Everyone in the sector really believed and hoped that the Minister would appear today with something in his back pocket that he would be able to bring out to give reassurance to the many artists and creators right across the country who are extremely anxious and concerned about the direction of the debate and conversations about the use of their work. They are really concerned that some of their precious work, into which they have put so much time, effort, blood, sweat and tears, will be scraped up, trawled through by a bot and ingested by one of the large American tech companies, and then reappear as some minor mirror of itself.
No one has been satisfied with what has been said today, and the Minister has one last chance. I really hope that he can give something to the creative industries, or at least give them some sort of hope as we go forward into the next few months and years, because they are going into the next few months and years unprotected. They will have nothing that they can rely on, other than what is in the amendments, and I know for a fact that the Minister will ensure that they are voted down.
Today has been a curious day, too, because financial privilege has been invoked for a particular amendment. In my almost quarter of a century in this House, I have never seen that before. I think I know why it has been done: it is to ensure that the House of Lords does not get another opportunity to bring this measure back. I say to the Minister and the Secretary of State, who is shaking his head, that the Lords are already designing it. After it goes back to the House of Lords, it will come back once again. I am sure it does not invoke any financial privilege, but it is ultimately disappointing that the Lords will not be able to present the same motion again, which was their intention. That amendment has received overwhelming support from everybody across the creative sector, and I had really hoped that the Government would support it today.
The only reason we are here is the efforts of the Members of the House of Lords. I usually do not pay them much of a tribute or respect what they do, but they have played a blinder. In particular, Beeban Kidron—Baroness Kidron—has stuck to this agenda to ensure that these Lords amendments have been reinserted into the Bill. They have had to do it because the Government have not done so. The Government have done nothing to ensure that our creative sector is protected.
The Government say that there should be more time for this, but we do not have time. We have to act now to protect the livelihoods of 2.4 million creators in the UK against exploitation by some of the richest companies in the world. As I have said countless times throughout this Bill’s passage, if we continue at this rate there will soon be nothing left to protect. The thing is that the Government should have acted earlier. They should have taken steps to protect creators’ rights as a matter of urgency. Instead, it has been left to others to scramble to find a way to ensure that we had these vital Lords amendments to a Bill that, as the Minister has said on several occasions, was not designed for them.
The Government’s motions will in effect set a timeline of several years before any resolution is reached on copyright transparency. I listened very carefully, as I always do, to what the Minister had to say about transparency, but I still do not understand why this cannot be done immediately. All the Government have to do is tell inventors, creators and copyright holders that their work is going to be used or ingested by one of the web crawlers that are in operation. That is all they would have to do, and it could be done very easily. There is no great technical problem in introducing transparency as a priority, and it could possibly happen within a few weeks.
“This Bill, this bus, is an opportunity that the Government should be getting on rather than waiting for another bus several years down the road”.—[Official Report, House of Lords, 12 May 2025; Vol. 845, c. 1932.]
This bus is leaving now, along with the opportunity to protect our creative rights. Does the hon. Member agree with me and share my concern that the Government are going to miss the bus?
Even if the Government want to change copyright law—I still do not know whether that is their intention, and the creative sector strongly opposes that—it will be years before creators have the slightest hope of protecting their work against creative theft. This sector has seen its work taken, used and exploited by tech companies. They came into this process hoping that they would finally get some protection, but instead of being heard, their hopes have been set aside again.
Lords amendment 49B does exactly what the sector has been calling for over many years. The fact that it has been tabled is a credit to the sustained campaign from our artists in the creative sector, who have organised themselves so efficiently and put such a compelling case. They have put so compelling and knowledgeable a case that our constituents have started to understand the complexities of copyright law, and they now realise its value in ensuring that the works of the artists they love, respect and like to listen to are recognised and that they will be compensated for their wonderful works. Despite what the Government say, merely enforcing the existing law will not be burdensome for AI firms, particularly as Lords amendment 49B allows the transparency requirements to be modified for small AI developers and for all UK-registered developers so that they are proportionate. This will prevent start-ups from being burdened with overly onerous regulation. In fact, all this proposal does is put UK start-ups on a level playing field with US tech giants that gain an unfair competitive advantage by ignoring copyright law. Transparency will make the legal risk of copyright infringement too great for AI firms to break the law. It will allow courts to hear cases quickly, establish precedent and kill any argument that there is uncertainty in UK law. If we can see what has been stolen, it is easier to stop its being stolen and to get redress when it continues to be stolen.
It is now up to the Government to fix this. If they are serious about protecting our creative industries—they should be, and I accept that that is what they intend to do—then they cannot stop at working groups and economic impact assessments. That is the bare minimum; it is not, by any measure, enough.
If this is the last opportunity we have to put the case, it is a black day for our creative sectors. They had hoped that this would be the day the Government appeared with something that satisfied at least some of their concerns. They deserve to have their work protected fairly. They were looking for anything from the Government to see that they were clearly on their side and were prepared to do something. I think we already know exactly what they will decide, but the Government now have a choice: remove Lords amendment 49B and turn their back on the creative industries, or find an actual way to protect our creative sector and make sure that they back it.
First, I want to refer to the matter of financial privilege, because the hon. Member referred to it just now. It is not the Government who decide whether financial privilege is engaged. It is a simple matter decided on advice from the Clerks to the Chair, which is determined from two motions, from 1671 and 1678. Where there is any financial implication of a Bill, or in this case an amendment that comes from the House of Lords, it is a simple matter as to whether or not the financial privilege of the House of Commons is engaged. Anything that obviously requires a system of enforcement is likely to require expenditure. That is why we would not choose to waive our financial privilege in relation to these amendments today.
The only point I will make to the hon. Gentleman about his contribution on the creative industries—he knows that on many of these issues we completely and utterly agree—is that if there were a simple way of being able to enforce those rights today, I would seize it. If he wants to write to me with a suggestion on what that actually looks like and what we would do today to be able to enforce the rights under the existing law today, then of course I would be happy to look at it.
I also said that I would respond to the point from the Chair of the Science, Innovation and Technology Committee, my hon. Friend the Member for Newcastle upon Tyne Central and West (Chi Onwurah). The Bill creates no new permission to reuse data for scientific research. It is not the effect of the provisions to provide blanket approval of the reuse of personal data for AI training under the banner of scientific research. I hope that that meets some of her understandable concerns.
Madam Deputy Speaker, I know that it is completely not in order, but I am going to say it anyway and end on this point. We have discussed some very serious points, but I do just wish that Remember Monday will win the Eurovision song contest on Saturday evening, with their song, “What the Hell Just Happened?” I wish Lauren, Holly-Anne and Charlotte all the best of British.
Question put.
Motion made, and Question put,
A Division was called.
Question agreed to.
Clause 67
Meaning of research and statistical purposes
Motion made, and Question put,
That this House disagrees with the Lords in their Amendment 43B. —(Chris Bryant.)
More than two hours having elapsed since the commencement of proceedings on the Lords message, the proceedings were interrupted (Programme Order, this day).
The Deputy Speaker put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83G).
Motion made, and Question put,
Resolved,
Resolved,
Motion made, and Question put forthwith (Standing Order No. 83H(2)), That a Committee be appointed to draw up Reasons to be assigned to the Lords for insisting on Commons Amendment 32, disagreeing with the Lords in their Amendments 32B and 32C, disagreeing with the Lords in their Amendments 43B and 49B, insisting on Commons Amendment 52 and disagreeing with the Lords in their Amendments 52B and 52C.
That Chris Bryant, Anna Turley, Callum Anderson, Rachel Hopkins, Katie White, Dr Ben Spencer and Victoria Collins be members of the Committee;
That Chris Bryant be the Chair of the Committee.
That three be the quorum of the Committee.
That the Committee do withdraw immediately.— (Keir Mather.)
Question agreed to.
Committee to withdraw immediately; reasons to be reported and communicated to the Lords.
Contains Parliamentary information licensed under the Open Parliament Licence v3.0.