The continued refusal by the House of Lords to pass the Data Bill threatens its existence altogether, a minister has said, as the Commons passed an amendment to head off a challenge from peers. Sir Chris Bryant said the continued parliamentary ping-pong, where a bill bounces back and forth between the Lords and the Commons could “imperil” the Bill.
The critical stand-off arose as artists and musicians including Sir Elton John and Sir Paul McCartney, raised concerns over AI companies using copyrighted work without permission.
Baroness Kidron, who directed the second Bridget Jones film, had put forward an amendment aiming to ensure copyright holders could see when their work had been used, which was overwhelmingly passed by the Lords for the second time last week. However this has not won Government backing.
In a concession to win around the Lords, the Government has instead said it will give a parliamentary statement six months after the passage of the Bill, where it will update MPs and peers on an economic impact assessment, and a report on the use of copyright works in the development of AI.
A parliamentary working group will also be established. Technology minister Sir Chris said the amendments showed the Government had “unequivocally heard concerns”.
However Conservative chairwoman of the Culture, Media and Sport select committee Dame Caroline Dinenage said MPs had been “gaslit”. MPs voted in favour of the Government’s amendment, which replace the changes put forward by Lady Kidron, by 304 votes to 189, majority 115.
These will now go back to the Lords for peers to approve. During the last session in the Lords, where Lady Kidron had successfully forward her amendment, she told peers it she would not hold up the Bill further if the Commons chose to disagree with it.
MPs heard the Bill will help establish digital verification services, a new national underground asset register which could speed up roadworks, and allow better healthcare and policing. It would also renew UK and EU data protection laws.
The current agreement with Brussels will run out in December. Speaking at the start of the Bill, Sir Chris said: “Double insistence would kill the Bill, where ever the Bill has started. I take people at their word when they say that they don’t want to kill the Bill.”
Sir Chris added: “Its provisions have the support of all parties in both Houses. Which is why I urge this House to accept our amendments in lieu. And I urge their Lordships not to insist on their amendment, but to agree with us.
“It is worth pointing out, that if their Lordships do persist, they are not just delaying and imperilling a Bill which all parties agree is an important and necessary piece of legislation. They are also imperilling something else of much greater significance and importance economically; our data adequacy with the European Union.”
He said he was “mystified” by Liberal Democrat and Conservative opposition to the Bill. “These amendments show our commitment to ensuring considered and effective solutions as I have just outlined, and demonstrate that we have unequivocally heard concerns about timing and accountability.”
Conservative shadow technology minister Dr Ben Spencer said the creative industries and peers “were not buying” the Government’s approach. He said: “They’re not buying it because the Government has lost the confidence of their stakeholders that it will bring forward legislation to enact effective and proportionate transparency requirements for AI models in the use of their creative content.”
Dame Caroline said Sir Chris and the Government were not engaging with the central issue. She said: “By being cloth-eared to the legitimate concerns of the world-leading creative industries for month after month after month; they have been virtually dragged kicking and screaming to this position now, where they bring forward a couple of tiny amendments.
“By gaslighting members of all parties at both ends of this building who have attempted to draw attention to this. By somehow pitting our world-leading creative industries against AI, almost somehow presenting them as luddites, that they are somehow allergic to innovation and technology when actually these are some of the most groundbreaking and innovative sectors out there; they are using AI every single day to produce world-breaking pieces of creative content.”
Responding, Sir Chris said: “I would just say to her (Dame Caroline) that she clearly has forgotten that the previous government actually introduced plans which would have brought forward a text and data mining exemption for commercial exploitation of copyrighted materials without any additional protections for creative industries at all.
“That seems to have slipped her mind. We have moved a considerable deal since this Bill started. We have moved and we have listened to what their lordships and, more importantly, what the creative industries have to say in this.”
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