Westminster update: peers raise our concerns on data protection

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What you need to know

1. Data (Use and Access) Bill: peers highlight Law Society concerns

Our concerns around the Data (Use and Access) Bill were raised a number of times by peers in the bill’s second reading debate in the House of Lords on Tuesday 19 November.

The bill introduces targeted reforms to parts of the UK's data protection and privacy framework with the aim of supporting “economic growth and a modern digital government”.

Early in the debate, Lord Bassam of Brighton (Labour) noted our concerns that significant changes could threaten EU-UK data adequacy. He noted:

“The Law Society says it remains concerned about the UK’s ability to ensure that we meet EU data adequacy standards …

It suggests that Clause 84 deregulates the transfer of data across borders and international organisations, so can the minister reassure the house and me that this will not put the UK at risk during the 2025 assessment of data adequacy?”

Baroness Kidron (crossbench) also mentioned us directly when raising concerns around meaningful human involvement in automated decision-making.

The bill allows the secretary of state to change by regulation the definition of ‘meaningful human involvement’.

We have argued this potentially allows for an expansion of the use of automated decision, impacting legal certainty and effectively watering down the role of human involvement needed to be considered “meaningful”.

Lord Thomas of Cwmgiedd (crossbench) and Lord Bethell (Conservative) questioned the lack of provisions relating to AI regulation.

Baroness Kidron highlighted the importance of data for AI, mentioning that “just as Britain’s coal reserves fuelled global industrial transformation, our data reserves could have a significant role to play in powering the AI transformation”.

However, the peers noted that they are aware of rumours that further legislation is on the way and that the government may be waiting to understand the general direction of the new American administration before publishing legislation.

Several peers raised key concerns regarding the bill’s provision to abolish the office of the Information Commissioner and transfer the role to a new Information Commission. This move is intended to create a more modern regulator.

However, several peers noted their concern that some provisions in the bill threaten the independence of the regulator, which is a key contributor to our data adequacy status with the EU.

Lord Freyberg (crossbench) argued that “by vesting the secretary of state with sweeping powers to appoint key commission members, the bill threatens to compromise the fundamental independence that has long characterised our data protection oversight. Such centralised political influence could severely undermine the commission’s ability to make impartial decisions.”

The bill will now progress to committee stage on 3 December.

2. Lords press the government on legal aid funding

Lord Bach (Labour) questioned the government on the importance of increasing funding for early advice and legal aid in a parliamentary question on Monday 18 November.

Lord Bach called on the government to restore early advice and reverse the cuts to legal aid passed by the government in 2012.

Responding for the government, justice minister Lord Ponsonby said he agreed with the sentiment behind the question, pointed to the recent £24 million increase in criminal legal aid rates and said the government is working towards an effective and sustainable legal aid system.

Viscount Hailsham (Conservative) asked if the government would increase judicial sitting days to help address the backlog in the criminal courts.

Lord Ponsonby responded that the government is looking at this but is still going through its spending allocations following the budget last month.

He also noted that the government is considering an idea of allowing some cases to be dealt with by a Crown Court judge and two justices instead of a jury, but did note that this is an idea from a review carried out 20 years ago.

Finally, Lord Beith (Liberal Democrat) highlighted growing legal aid deserts across the country and asked what is being done to address this.

Lord Ponsonby criticised the ongoing drop in the number of criminal duty solicitors and said the Ministry of Justice and Legal Aid Agency is working to close and address legal aid deserts.

3. MP calls on the government to introduce anti-SLAPP legislation

During a debate in the Commons on the impact of strategic lawsuits against public participation (SLAPPs) on free speech in the press, Lloyd Hatton (Labour) called on the government to introduce comprehensive anti-SLAPP legislation that provides:

• swift dismissal of such cases
• protects those targeted from prohibitive legal costs
• ensures that SLAPP filers face significant financial deterrents

Hatton used parliamentary privilege to share ongoing SLAPP cases and highlight how free press is being stifled by “lawfare”.

He noted that when “reputable news outlets decide to censor themselves following legal intimidation, we can only wonder what other cases of egregious misconduct have been uncovered only then to remain hidden”.

He went on to make the case for increased tools for the SRA.

He stressed that the SRA “is not equipped with the right tools to hold lawyers to account.

Of the 71 SLAPPs reported to the SRA over the past two years. 23 cases were closed with no further action, and of the 48 remaining live, only two were ever referred to a disciplinary tribunal.”

He believes that, at present, there is no reasonable deterrent or fining powers to prevent SLAPPs.

Sir John Whittingdale (Conservative) shared Hatton’s concerns to a point.

He paid tribute to the strength and independence of the UK’s judicial system, adding that the reason why people pursue actions in UK courts is because of the confidence in our system.

He urged the government to introduce legislation similar to the private members’ bill on SLAPPs proposed at the end of the last parliament by former Labour MP Wayne David.

The justice minister Heidi Alexander responded for the government.

She noted that “SLAPPs represent an abuse of our legal system. They curtail free speech, have a chilling effect on public interest journalism and pose a threat to our democracy”.

he was clear that the government will not legislate in this parliamentary session but is continuing to consider how best to tackle wider abuses of the system in the longer term.

The government’s immediate plan is to focus on the implantation of the Economic Crime and Corporate Transparency Act and monitor the impact of the new Civil Procedure Rules as they come in.

4. Minister announced consultation for leasehold reform

On Thursday 21 November, the housing minister, Matthew Pennycook, gave a long-awaited update on the government’s plans for leasehold and commonhold reform.

The statement set out a list of seven areas for consultation in 2025, alongside committing the government to publishing a white paper on reforms to commonhold and the draft Leasehold and Commonhold Reform Bill by the end of next year.

This was a lengthy statement highlighting the government’s concerns with the rushed Leasehold and Freehold Reform Act passed by the previous administration, while also giving the sector some certainty over the timelines for implementation of the act.

The minister noted that a number of the act’s provisions relating to legal costs came into force in July, with further building safety measures activated in October. He added:

“To our frustration, we will not be able to bring other important measures into force, including the new valuation process, until we have fixed the small number of specific but serious flaws in the 2024 Act through primary legislation.

Switching on the act in full will therefore take time, but it is important that we get it right if we are to avoid the mistakes made by the previous government.”

On commonhold, the minister committed to setting out plans soon for a comprehensive new legal framework for commonhold and to taking decisive steps to make commonhold the default tenure by the end of this parliament.

The government remains firmly committed to its manifesto commitment to tackle unregulated and unaffordable ground rents and will deliver this in legislation.

Consultations are planned for early next year and will focus on:

• insurance remuneration
• service charges
• valuation rates
• banning new leasehold flats
• private estate management
• the regulation of property agents

These will all feed into the upcoming draft bill and will influence how the Leasehold and Freehold Reform Act is implemented.

The statement kickstarts a huge programme of work for the Ministry of Housing, Community and Local Government.

We will be looking to contribute as much as possible on behalf of our members.

Coming up

We are working closely with MPs and peers to influence a number of bills before parliament:

• Arbitration Bill second reading in the Commons, date to be announced
• Data (Access and Use) Bill will begin its committee stage in the Lords on 3 December
• Employment Rights Bill will begin its committee stage in the Commons on 26 November
• Mental Health Bill second reading in the Lords on 25 November
• Product Regulation and Metrology Bill began its committee stage in the Lords on 20 November
• Renters' Rights Bill report stage in the Commons on a date to be announced