Julian Knight challenged the Government on the Draft Online Safety Bill Report on 13 January 2022:
: I congratulate my hon. Friend the Member for Folkestone and Hythe (Damian Collins) on securing this debate, which is clearly sparking enormous interest. I welcome the majority of the Joint Committee’s recommendations. Indeed, they very much build on the work already carried out by the Select Committee on Digital, Culture, Media and Sport over recent years. When the big tech giants were in their infancy, the Select Committee, which I am proud to chair today, was already leading on some of this work. The Select Committee has been scrutinising the online harms White Paper over the past year and is continuing to do so, and it will be coming up with its own recommendations shortly. The Joint Committee’s report even acknowledges the ongoing work of the Select Committee by stating
“the DCMS Committee has maintained its interest on the issue through the work of its Sub-committee”
—its standing Sub-Committee—
“on Online Harms and Disinformation”.
Let me add to my hon. Friend’s speech by identifying some points with which I agree, but which go above and beyond what he actually said. First, I support the Joint Committee’s work on journalistic content, and its recommendation that existing protections relating to journalistic content and content of democratic importance should be replaced by a single statutory requirement for proportionate systems and processes to protect
“content where there are reasonable grounds to believe it will be in the public interest”.
I also welcome some of the work that the Joint Committee has done in exploring age assurances, building on the work already done by the Select Committee. In particular, it rightly makes several recommendations for Ofcom to establish minimum standards for age assurance technology and governance linked to risk profiles to ensure that third-party and provider-designed assurance technologies are privacy-enhancing and rights-protecting, and that in commissioning such services, providers are restricted in respect of the data for which they can ask.
It is right that the Joint Committee acknowledges the serious threats that misinformation poses to society. In recent months we have witnessed the rise in fake news from the anti-vaccine campaigns as it has hit our social media feeds. I therefore support the recommendation that there should be
“content-neutral safety by design requirements, set out as minimum standards in mandatory codes of practice.”
However, the recommendation that a permanent Joint Committee be established as
“a solution to the lack of transparency and…oversight”
concerns me, and my Committee, for a range of reasons. First, it would go against a long-standing parliamentary convention. Never before has a Joint Committee been established merely to provide post-legislative scrutiny. I know some Members have suggested that a Joint Committee on online harms would have terms of reference mirroring those of the Joint Committee on Human Rights and the Intelligence and Security Committee, but the Joint Committee on Human Rights was certainly never enshrined in the Human Rights Act 1998, and the responsibility of the Intelligence and Security Committee is to provide oversight for policies, expenditure, and operations adopted by MI5, MI6 and GCHQ.
We fear that the creation of such a standing Joint Committee would not only go against parliamentary convention, but would set a bad precedent for many decades to come. If some particularly complex legislation comes to the House in the future, will we just keep on setting up Joint Committees to provide post-legislative scrutiny? Of course we will not—we would be very foolish to do so—but this recommendation sets a precedent for it to happen. When I asked about the cost of establishing the Joint Committee, I was told that it would be £500,000 a year. Moreover, the work is already being done by an elected Committee of the House and a Committee in the other place.
What is the point of establishing another Committee merely to replicate the work that the Select Committee is already doing? If our Committee does need to conduct post-legislative scrutiny of legislation that is particularly complex and groundbreaking, we have a Sub-Committee for the purpose. We recognise the importance of this legislation and this area, and we will continue to scrutinise it through our Sub-Committee and through Standing Order No.152.
I raised this matter with the Leader of the House in my capacity as the Select Committee Chair, and I am grateful to him for his response, in which he said:
“Business Managers and I are of the view that this scrutiny can be arranged through current Standing Orders and that it should not require legislation, nor extraordinary powers, to achieve.”
I know from my conversations with Opposition Front Benchers that they strongly support retaining such scrutiny within current parliamentary procedures, rather than innovating in a way that could be damaging in the long term.
I welcome many aspects of this report, which builds on the Select Committee’s own report, but fine tuning is needed before the Bill comes to the House. My Committee stands ready to issue those fine-tuning exercises, and will do so in the coming days.
