Chris Philp
MP for Croydon South · Conservative · United Kingdom
“The Minister mentioned return numbers, but what she did not mention is that the return of 6,000 small-boat migrants in the past two and a bit years amounts to only 8% of illegal immigrants crossing the channel. That is to say, 92% of illegal immigrants crossing get to stay. There is no deterrent whatsoever in that.”
“I cannot give all the many examples, in the interests of time, but they cited one example in which apparently hundreds of Pakistani men claimed to be gay, based on a letter from an individual claiming to be the sexual partner of all of them. That is quite clearly fabricated with the assistance of immigration lawyers.”
“I was on the beaches of northern France just a few weeks ago, waist deep in water as one such dinghy embarked with about 100 illegal immigrants on it, while 10 members of the French gendarmerie nationale, who we pay for—who the Home Secretary pays for—with £660 million of our money, almost all of it unconditional, stood by and did nothing…”
“Numerous rapes have been committed by small-boat illegal immigrants, including the rape of a girl in Nuneaton aged just 12. The Government are using sleight of hand. They are moving illegal immigrants from hotels into apartments, then granting them asylum on an industrial scale.”
“I thank my constituency neighbour, the Minister for Policing and Crime, for advance sight of her statement. I am sure that we all agree that the right to protest is a fundamental part of our democracy, but the right to protest should never be violently exercised or cause serious disruption to other people.”
“Since the general election, over 80,000 illegal immigrants have crossed the channel, all illegally and all unnecessarily, because France is a safe country—nobody is fleeing persecution in France. Almost 20,000 have crossed this year alone, and 625 crossed yesterday, with more coming in the early hours.”
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“The work of the counter-disinformation unit is valuable. We look at these things on a spending review by spending review basis, and as far as I am aware we intend to continue with the counter-disinformation unit over the current spending review period. Clearly, I cannot commit future Ministers in perpetuity, but my personal view—if I am allowed to express it—is that that unit performs a useful function and could valuably be continued into the future. I think it is useful for the Government, as well as Ofcom, to directly have eyes on this issue, but I cannot speak for future Ministers. I can only give my right hon. Friend my own view. I hope that I have set out my approach. We have heard the calls to publish the list so that parliamentarians can scrutinise it, and we also heard them on Second Reading.”
“I will answer the questions in reverse order. The list of harms will not be in the Bill. The amendment seeks to put one of the harms in the Bill but not the others. So no, it will not be in the Bill. The harms—either the initial list or any addition to or subtraction from the list—will be listed in an affirmative statutory instrument, which means that the House will be able to look at it and, if it wants, to vote on it. So Parliament will get a chance to look at the initial list, when it is published in an SI. If anything is to be added in one, two or three years’ time, the same will apply.”
“Yes. There is an obligation on the Secretary of State to consult— [ Interruption.] Did I hear someone laugh?—before proposing a statutory instrument to add things. There is a consultation first and then, if extra things are going to be added—in my hon. Friend’s language, if the scope is increased—that would be votable by Parliament because it is an affirmative SI. So the answer is yes to both questions. Yes there will be consultation in advance, and yes, if this Government or a future Government wanted to add anything, Parliament could vote on it if it wanted to because it will be an affirmative SI. That is a really important point.”
“I will be happy to debate the issue in more detail either in this Committee or outside, if that is helpful and to avoid trying the patience of colleagues.”
“For other content that is outside the scope of this clause —which I guess therefore does not worry my hon. Friend—they can still be arbitrary, but for this they have got to be consistent. There is also the duty to have regard to freedom of expression, and there is a protection of democratic and journalistic importance in clauses 15 and 16. Although those clauses are not perfect and some people say they should be stronger, they are at least better than what we have now. When I say that this is good for freedom of speech, I mean that nothing here infringes on freedom of speech, and to the extent that it moves one way or the other, it moves us somewhat in the direction of protecting free speech more than is the case at the moment, for the reasons I have set out.”
“In a moment; I want to answer the other point made by my hon. Friend the Member for Don Valley first. He said that two wrongs don’t make a right. I am not defending the fact that social media firms act in a manner that is arbitrary and censorious at the moment. I am not saying that it is okay for them to carry on. The point that I was making was a different one. I was saying that they act censoriously and arbitrarily at times at the moment. The Bill will diminish their ability to do that in a couple of ways. First, for the legal but harmful stuff, which he is worried about, they will have a duty to act consistently. If they do not, Ofcom will be able to enforce against them. So their liberty to behave arbitrarily, for this category of content at least, will be circumscribed. They will now have to be consistent.”
“I am grateful to the shadow Minister for confirming her support for free speech. Perhaps I could take this opportunity to apologise to you, Sir Roger, and to Hansard for turning round. I will try to behave better in future.”
“For that reason, the Government do not want to insert a formal legal consultation step into the process, but I am happy to confirm that we are engaging in the consultation already on an informal basis and will continue to do so. I ask respectfully that amendment 62 be withdrawn. The purpose of clauses 55 and 56 has been touched on already, and I have nothing in particular to add.”
“We are concerned, however, that making this a formal consultation in the legal sense, as the amendment would, would introduce some delays while we do so, because a whole sequence of things have to happen after Royal Assent. First, we have to designate the priority harms by statutory instrument, and then Ofcom has to publish its risk assessments and codes of practice. If we insert into that a formal legal consultation step, it would add at least four or even six months into the process of implementing the Act. I know that that was not the hon. Lady’s intention and that she is concerned about getting the Act implemented quickly.”
“I have heard my right hon. Friend’s points about a standing Joint Committee for post-legislative implementation scrutiny. On the comments about the time, I agree that the Ofcom review needs to be far enough into the future that it can be meaningful, hence the three-year time period. On the substance of amendment 62, tabled by the shadow Minister, I can confirm that the Government are already undertaking research and working with stakeholders on identifying what the priority harms will be. That consideration includes evidence from various civil society organisations, victims organisations and many others who represent the interests of users online. The wider consultation beyond Ofcom that the amendment would require is happening already as a matter of practicality.”
“A formal statutory consultation could happen only after the passage of the Bill, whereas the informal non-statutory consultation we can do, and are doing, now. Question put, That the amendment be made.”
“It is ultimately for Ofcom to issue that guidance under clause 58, and it is, in a sense, up to the market and to users to develop their own preferences. If individual users prefer to verify their identity once and then have that used across multiple platforms, that will itself drive the market. I think that there is every possibility that that will happen. [ Interruption. ]”
“We have heard quite a lot about the merits of clause 57, and I am grateful to colleagues on both side for pointing those out. The hon. Member for Pontypridd asked about the effectiveness of the user identity verification processes and how those might occur—whether they would be done individually by each company for their own users, or whether a whole industry would develop even further, with third parties providing verification that could then be used across a whole number of companies. Some of those processes exist already in relation to age verification, and I think that some companies are already active in this area. I do not think that it would be appropriate for us, in Parliament, to specify those sorts of details.”
“Clause 58 OFCOM’s guidance about user identity verification Question proposed, That the clause stand part of the Bill.”
“I was just concluding my remarks on clause stand part, Sir Roger. User choice and Ofcom guidance will ultimately determine the shape of this market. The shadow Minister, the hon. Member for Pontypridd, expressed concerns about privacy. That is of course why the list of people Ofcom must consult—at clause 58(3)(a)—specifies the Information Commissioner, to ensure that Ofcom’s guidance properly protects the privacy of users, for the reasons that the shadow Minister referred to in her speech. Finally, on competition, if anyone attempts to develop an inappropriate monopoly position in this area, the Competition and Markets Authority’s usual powers will apply. On that basis, I commend the clause to the Committee. Question put and agreed to . Clause 5 7 accordingly ordered to stand part of the Bill .”
“Clause 58, which was touched on in our last debate, simply sets out Ofcom’s duty to publish guidance for category 1 services to assist them in complying with the user identification duty set out in clause 57. We have probably covered the main points, so I will say nothing further. Question put and agreed to . Clause 58 accordingly ordered to stand part of the Bill . Clause 59 Requirement to report CSEA content to the NCA Question proposed, That the clause stand part of the Bill.”
“Member for Worsley and Eccles South mentioned that that duty already exists in the USA, so it is good that we are matching that requirement in our law via clause 59, which I hope that the Committee will agree should stand part of the Bill. Question put and agreed to. Clause 59 accordingly ordered to stand part of the Bill. Clause 60 Regulations about reports to the NCA Question proposed, That the clause stand part of the Bill.”
“For example, some technology combines age identification with nude image identification; by putting them together, we can identify sexual exploitation of children in images that are new and are not yet in the database. To ensure that such new technology can be used, we have the duties under clause 103, which gives Ofcom the power to mandate—to require—the use of certain accredited technologies in fighting not just CSEA, but terrorism. I am sure that we will discuss that more when we come to that clause. Combined, the requirement to proactively prevent CSEA and the ability to specify technology under clause 103 will mean that companies will know about the content that they now, under clause 59, have to report to the National Crime Agency. Interestingly, the hon.”
“To answer the shadow Minister’s question about the duty to detect CSEA proactively—because, as she says, we have to detect it before we can report it—I confirm that there are already duties in the Bill to prevent and detect CSEA proactively, because CSEA is a priority offence in the schedule 6 list of child exploitation and abuse offences, and there is a duty for companies to prevent those proactively. In preventing them proactively, they will by definition identify them. That part of her question is well covered. The hon. Lady also asked about the technologies available to those companies, including hash matching—comparing images against a known database of child sexual exploitation images. A lot of technology is being developed that can proactively spot child sexual exploitation in new images that are not on the hash matching database.”
“On the questions raised by the hon. Member for Aberdeen North, the Secretary of State might consult Scottish Ministers under clause 63(6)(c), particularly those with responsibility for law enforcement in Scotland, and the same would apply to other jurisdictions. On whether an amendment is required to cover any matters to do with the procedures in Scotland equivalent to the matter covered in clause 61, we do not believe that any equivalent change is required to devolved Administration law. However, in order to be absolutely sure, we will get the hon. Lady written confirmation on that point.”
“The hon. Member for Worsley and Eccles South asks about the prioritisation of reports made to the NCA under the new statutory provisions. The prioritisation of investigations is an operational matter for the NCA, acting as a law enforcement body. I do not think it would be right either for myself as a Minister or for Parliament as a legislative body to specify how the NCA should conduct its operational activities. I imagine that it would pursue the most serious cases as a matter of priority, and if there is evidence of any systemic abuse it would also prioritise that, but it really is a matter for the NCA, as an operationally independent police force, to decide for itself. I think it is fairly clear that the scope of matters to be contained in these regulations is fairly comprehensive, as one would expect.”
“I understand that to mean cases where there might be an immediate risk to a child’s safety, or where somebody might be at risk in real time, as opposed to something historic—for example, an image that might have been made some time ago. In cases where it is believed abuse is happening at the present time, there is an expectation that the matter will be dealt with immediately or very close to immediately. I hope that answers the shadow Minister’s questions. Question put and agreed to. Clause 60 accordingly ordered to stand part of the Bill. Clause 61 ordered to stand part of the Bill. Clause 62 Offence in relation to CSEA reporting”
“I apologise for missing those two points. On working together, the hon. Lady is right that agencies such as the Internet Watch Foundation and others should co-operate closely. There is already very good working between the Internet Watch Foundation, law enforcement and others—they seem to be well networked together and co-operating closely. It is appropriate to put on the record that Parliament, through this Committee, thinks that co-operation should continue. That communication and the sharing of information on particular images is obviously critical. As the clause states, the regulations can set out expedited timeframes in cases of particular urgency.”
“I beg to move amendment 1, in clause 62, page 55, line 14, leave out “maximum summary term for either-way offences” and insert “general limit in a magistrates’ court”. Amendments 1 to 5 relate to the maximum term of imprisonment on summary conviction of an either-way offence in England and Wales. Amendments 1 to 4 insert a reference to the general limit in a magistrates’ court, meaning the time limit in section 224(1) of the Sentencing Code, which, currently, is 12 months.”
“Question proposed, That the clause, as amended, stand part of the Bill.”
“These amendments make some technical drafting changes to the Bill in relation to sentencing penalties for either-way offences in the courts of England and Wales. They bring the Bill into line with recent changes implemented following the passage of the Judicial Review and Courts Act 2022. The change uses the new term “general limit in a magistrates’ court” to account for any future changes to the sentencing limit in the magistrates court. The 2022 Act includes a secondary power to switch, by regulations, between a 12-month and six-month maximum sentence in the magistrates court, so we need to use the more general language in this Bill to ensure that changes back and forth can be accommodated. If we just fix a number, it would become out of sync if switches are made under the 2022 Act. Amendment 1 agreed to.”
“The shadow Minister asked about the test and what counts, and I hope that provides the answer. We are defining CSEA content as content that a company becomes aware of containing CSEA. A company can become aware of that by any means, including through the use of automated systems and processes, human moderation or user reporting. With regard to the definition of UK-linked CSEA, which the shadow Minister also asked about, that refers to content that may have been published and shared in the UK, or where the nationality or location of a suspected offender or victim is in the UK. The definition of what counts as a UK link is quite wide, because it includes not only the location of the offender or victim but where the content is shared. That is a wide definition.”
“Clause 62 creates an offence, as we discussed earlier, of knowingly or recklessly providing inaccurate information to the NCA in relation to CSEA reporting, the penalty for which is imprisonment, a fine or both. Where a company seeks to evade its responsibility, or disregards the importance of the requirement to report CSEA by providing inaccurate information, it will be liable for prosecution. We are backing the requirement to report CSEA with significant criminal powers. Clause 63 provides definitions for the terms used in chapter 2 of part 4, in relation to the requirement to report CSEA. In summary, a UK provider of a regulated service is defined as a provider that is “incorporated or formed under the law of any part of the United Kingdom” or where it is “individuals who are habitually resident in the United Kingdom”.”
“If the child had been in the UK when the offence was committed, that would ordinarily be subject to UK criminal law, because the crime would have been committed in the UK. The test is: where was the child or victim at the time the offence was committed? As I said a moment ago, however, the definition of “UK-linked” is particularly wide and includes “the place where the content was published, generated, uploaded or shared.” The word “generated”—I am reading from clause 63(6)(a), at the top of page 56—is clearly in the past tense and would include the circumstance that the hon. Lady described.”
“It should ensure that the National Crime Agency gets all the information it needs to investigate and prosecute CSEA in order to keep our children safe. Question put and agreed to . Clause 62, as amended, accordingly ordered to stand part of the Bill . Clause 63 ordered to stand part of the Bill . Clause 64 Transparency reports about certain Part 3 services”
“I anticipate that the National Crime Agency will issue best practice guidance. A fair amount of information about the requirements will also be set out in the regulations that the Secretary of State will issue under clause 60, which we have already debated. So it is a combination of those regulations and National Crime Agency best practice guidance. I hope that answers the question. Finally, on companies being taken over, if a company ceases to be UK-linked, we would expect it to continue to discharge its reporting duties, which might include reporting not just in the UK but to its domestic reporting agency—we have already heard the US agency described and referenced. I hope that my answers demonstrate that the clause is intended to be comprehensive and effective.”
“Members will see that paragraph 5 specifies that reports can cover “systems and processes for users to report content which they consider to be illegal” or “harmful”, and so on. Paragraph 6 mentions: “The systems and processes that a provider operates to deal with illegal content, content that is harmful to children”, and so on. Therefore, the topics that amendment 55 speaks to are already covered by the schedule, and I would expect such things to be reported on. We have given Ofcom the explicit powers to do that and, rather than prescribe such details in the Bill, we should let Ofcom do its job. It certainly has the powers to do such things—that is clearly set out in the schedule—and I would expect, and obviously the Opposition would expect, that it will do so. On that basis, I will gently resist amendments 54 and 55.”
“However, Members will notice that there is an ability in clause 64(12) for the Secretary of State, by regulation, to “amend subsection (1) so as to change the frequency of the transparency reporting process.” If it turns out in due course that once a year is not enough and we would like to do it more frequently—for example, twice a year—there is the power for those regulations to be used so that the reporting occurs more frequently. The frequency is not set in stone. I turn to amendment 55, which sets out a number of topics that would be included in reporting. It is important to say that, as a quick glance at schedule 8 shows, the remit of the reports is already extremely wide in scope. Hon.”
“It will dramatically open up the sense of what is going on inside these companies, so it is extremely important indeed. Amendment 54 seeks to increase the frequency of transparency reporting from once a year to twice a year. To be honest, we do not want to do this unreasonably frequently, and our sense is that once a year, rather than twice a year, is the right regularity. We therefore do not support the amendment.”
“To start with, it is worth saying that clause 64 is extremely important. In the course of debating earlier clauses, Opposition Members rightly and repeatedly emphasised how important it is that social media platforms are compelled to publish information. The testimony that Frances Haugen gave to the Joint Committee and to this Committee a few weeks ago demonstrates how important that is. Social media platforms are secretive and are not open. They seek to disguise what is going on, even though the impact of what they are doing has a global effect. So the transparency power in clause 64 is a critical part of the Bill and will dramatically transform the insights of parliamentarians, the wider public, civil society campaigners and academics.”
“I am sure that it will look at our proceedings to hear Parliament’s expectations, and we are giving it those powers, which are clearly set out in schedule 8.”
“I obviously have sympathy with the objectives, but the topics covered in schedule 8, which include the systems and processes for responding to illegal and harmful content and so on, give Ofcom the power to do what the hon. Member requires. On the language point, the risk assessments that companies are required to do are hard-edged duties in the Bill, and they will have to include an assessment of languages used in the UK, which is a large number of languages—obviously, it does not include languages spoken outside the UK. So the duty to risk-assess languages already exists. I hope that gives the hon. Member reassurance. She is making a reasonable point, and I would expect that, in setting out transparency requirements, Ofcom will address it.”
“It is a great shame that the hon. Member for Ochil and South Perthshire is occupied in the main Chamber, because I could have pointed to this change as one of the examples of the Government listening to the Joint Committee, on which he and many others served. However, I hope that the hon. Member for Aberdeen North will communicate my observation to him, which I am sure he will appreciate. In seriousness, this is an example of the Government moving the Bill on in response to widespread parliamentary and public commentary. It is right that we extend the duties to cover commercial pornographic content as well as the user-to-user pornography covered previously. I thank the Opposition parties for their support for the inclusion of those measures.”
“I am delighted that these clauses seem to command such widespread support. It therefore gives me great pleasure to commend them to the Committee. Question put and agree d to. Clause 66 accordingly ordered to stand part of the Bill. Clause 67 ordered to stand part of the Bill. Schedule 9 agreed to. Clause 68 Duties about regulated provider pornographic content”
“I thank my hon. Friend for his intervention and for his work on the Joint Committee, which has had a huge impact, as we have seen. I hope that colleagues will join me in thanking the members of the Joint Committee for their work. My final point on this important clause is in response to a question that the shadow Minister raised about clause 66(3), which makes reference to “a person acting on behalf of the provider”. That is just to ensure that the clause is comprehensively drafted without any loopholes. If the provider used an agent or engaged some third party to disseminate content on their behalf, rather than doing so directly, that would be covered too. We just wanted to ensure that there was absolutely no loophole—no chink of light—in the way that the clause was drafted. That is why that reference is there.”
“In relation to the separate question of people whose images are displayed without their consent, which is a topic that my right hon. Friend the Member for Basingstoke has raised a few times, there are existing criminal offences that are designed to tackle that, including the recent revenge pornography offences in particular, as well as the criminalisation of voyeurism, harassment, blackmail and coercive or controlling behaviour. There is then the additional question of intimate image abuse, where intimate images are produced or obtained without the consent of the subject, and are then disseminated.”
“As we would expect, everything that the hon. Lady described is already criminalised under existing law. This part of the Bill—part 5—covers publishers and not the user-to-user stuff we talked about previously. Because they are producing and publishing the material themselves, publishers of such material are covered by the existing criminal law. What they are doing is already illegal. If they are engaged in that activity, they should—and, I hope, will—be prosecuted for doing it. The new clause and the amendments essentially seek to duplicate what is already set out very clearly in criminal law. While their intentions are completely correct, I do not think it is helpful to have duplicative law that essentially tries to do the same thing in a different law. We have well established and effective criminal laws in these areas.”
“The shadow Minister has laid out compellingly how awful the displaying of images of children on pornography websites and the displaying of images where the consent of the person has not been obtained are. Let me take each of those in turn, because my answers will be a bit different in the two cases. First, all material that contains the sexual abuse of children or features children at all—any pornographic content featuring children is, by definition, sexual abuse—is already criminalised through the criminal law. Measures such as the Protection of Children Act 1978, the Criminal Justice Act 1988 and the Coroners and Justice Act 2009 provide a range of criminal offences that include the taking, making, circulating, possessing with a view to distributing, or otherwise possessing indecent photos or prohibited images of children.”
“If Ofcom, in its codes of practice, directs companies to use age verification, or if there is no other effective means of preventing children from seeing pornographic content, the clause makes it clear that age verification is expressly authorised by Parliament in primary legislation. There will be no basis upon which a porn provider could try to legally challenge Ofcom, because it is there in black and white in the Bill. It is clearly Parliament’s intention that hard-edged age verification will be legal. By putting that measure in the Bill as an example of the way that the duty can be met, we immunise the measure from legal challenge should Ofcom decide it is the only way of delivering the duty. I make that point explicitly for the avoidance of doubt, so that if this point is ever litigated, Parliament’s intention is clear.”
“Friend the Member for Basingstoke has been rightly campaigning for, the picture will be complete. Given that that is already in process via the Law Commission, while I again agree with what the Opposition are trying to do here, we have a process in hand that will sort this out. I hope that that makes the Government’s position on the amendments and the new clause clear. Clause 68 is extremely important. It imposes a legally binding duty to make sure that children are not normally able to encounter pornographic content in a commercial context, and it makes it clear that one of the ways that can be achieved is by using age verification.”
“As we have discussed previously, that is being moved forward under the auspices of the Ministry of Justice in connection with the Law Commission’s proposed offence. That work is in flight, and I would anticipate it delivering legislative results. I think that is the remaining piece of the puzzle. With the addition of that piece of legislation, I think we will cover the totality of possible harms in relation to images of people whose consent has not been given. In relation to material featuring children, the legislative pattern is complete already; it is already criminal. We do not need to do anything further to add any criminal offences; it is already illegal, as it should be. In relation to non-consensual images, the picture is largely complete. With the addition of the intimate image abuse offence that my right hon.”
“I think it would cover some of them. If, for example, someone in a relationship had a video taken that was then made available on a commercial pornography site, that would clearly be in scope. I am not saying that the revenge pornography legislation covers all examples, but it covers some of them. We have discussed already that clause 150 will criminalise a great deal of the content referred to here if the intention of that content or the communication concerned is to cause harm—meaning “psychological harm amounting to at least serious distress”— to the subject. That will capture a lot of this as well. My right hon. Friend the Member for Basingstoke has made a point about needing to remove the intent requirement. Any sharing of an intimate image without consent should be criminalised.”
“Good morning, Ms Rees. It is a pleasure to serve once again under your chairmanship. I wondered whether the shadow Minister, the hon. Member for Pontypridd, wanted to speak first—I am always happy to follow her, if she would prefer that.”
“We are ensuring that everyone who needs to do that will be able to do so, so the facility will be open to those who are affected by the content but who are not themselves users of the site. For example, that might be non-users who are the subject of the content, such as a victim of revenge pornography, or non-users who are members of a specific group with certain characteristics targeted by the content, such as a member of the Jewish community reporting antisemitic content. There is also facility for parents and other adults with caring responsibility for children, and adults caring for another adult, to report content. Clause 27 sets out similar duties in relation to search. I commend the clauses to the Committee.”
“I do my best. Clauses 17 and 27 have similar effects, the former applying to user-to-user services and the latter to search services. They set out an obligation on the companies to put in place effective and accessible content reporting mechanisms, so that users can report issues. The clauses will ensure that service providers are made aware of illegal and harmful content on their sites. In relation to priority illegal content, the companies must proactively prevent it in the first place, but in the other areas, they may respond reactively as well. The clause will ensure that anyone who wants to report illegal or harmful content can do so in a quick and reasonable way.”