My Lords, I will speak to some of the amendments made in the other place, starting with Amendments 1 to 31. These will ensure that smart data schemes can function optimally and that Part 1 is as clear as possible. Similarly, Amendments 35 to 42 from the other place reflect discussions on the national underground asset register with the devolved Governments. Finally, Amendments 70 to 79 make necessary consequential updates to the final provisions of the Bill and some updates to Schedules 11 and 15.
I will now speak to the amendments tabled by noble Lords, starting with those relating to sex data. Motion 32A disagrees with the amendment to remove Clause 28(3) and (4), and instead proposes changes to the initial drafting of those subsections. These would require the Secretary of State, when preparing the trust framework, to assess whether the 15 specified public authorities can reliably ascertain the data they collect, record and share. Amendment 32B limits this assessment to sex data, as defined through Amendment 32C; that definition limits sex to biological sex only and provides a definition of acquired gender.
It is also relevant to speak now to Motion 52A, which disagrees with the amendment to remove Clause 140 and, instead, suggests changes to the drafting. Clause 140, as amended by Amendment 52B, seeks to, through a regulation-making power, give the Secretary of State the ability to define sex as being only biological sex in certain areas or across public sector data processing more widely. Let me be clear that this Government accept the recent Supreme Court judgment on the definition of sex for the purposes of equality legislation. We need to work through the effects of this ruling holistically and with care, sensitivity and—dare I say it—kindness. In line with the law, we need to take care not to inappropriately extend its reach. This is not best done by giving the Secretary of State the power to define sex as biological in all cases through secondary legislation without appropriate scrutiny, given the potential impact on people’s human rights, privacy and dignity, and the potential to create legal uncertainty. Likewise, giving the Secretary of State a role in reviewing how other public authorities process sex data in all circumstances based on that definition would be inappropriate and disproportionate, and I note that the Supreme Court’s ruling relates specifically to the meaning of sex in equalities legislation.
The driver behind these amendments has been the importance of sex data being accurate when processed by public authorities. I strongly agree with that aim: accurate data is essential. This Government take data accuracy—including the existing legislation that requires personal data to be accurate—and data standards seriously. That is why we are addressing the question of sex information in public sector data. First, the EHRC is updating its statutory code of practice to support service providers in light of the Supreme Court judgment. Secondly, the Data Standards Authority is developing data standards on the monitoring of diversity information, including sex and gender data, and the effect of the Supreme Court judgment will be considered as part of that work.
Thirdly, the Office for Statistics Regulation published updated guidance on collecting and reporting data and statistics about sex and gender identity data last year. Fourthly, the Office for National Statistics published a work plan in December 2024 for developing harmonised standards on data more generally. Finally, the department is currently considering the implementation of the Sullivan review, published this year, which I welcome.
On digital verification services, I reassure noble Lords that these measures do not change the evidence that individuals rely on to prove things about themselves. The measures simply enable that to be done digitally. This Government are clear that data must be accurate for the purpose for which it is being used and must not be misleading. It should be clear to digital verification services what the information public authorities are sharing with them means. I will give an important example. If an organisation needs to know a person’s biological sex, this Government are clear that a check cannot be made against passport data, as it does not capture biological sex. DVS could only verify biological sex using data that records that attribute specifically, not data that records sex or gender more widely.
I know this is a concern of the noble Lord, Lord Arbuthnot, and I hope this provides some reassurance. The data accuracy principle of GDPR is part of existing law. That includes where data is misleading—this is a point I will return to. I hope that noble Lords find this commitment reassuring and, as such, will agree with Commons Amendment 32.
Motion 34A on Amendments 34B and 34C address the security of the national underground asset register. Security has always been at the heart of the national underground asset register. We have therefore listened to the well-thought-through concerns that prompted the amendment previously tabled by the noble Viscount, Lord Camrose, regarding cybersecurity. Following consideration, the Government are instead proposing an amendment we have drafted with support of colleagues in the security services. We believe this addresses the intention of ensuring the security of the national underground asset register data, with three key improvements.
First, it broadens the scope from cybersecurity only to the general security of information kept in or obtained from the national underground asset register. This will ensure that front-end users have guidance on a range of measures for security good practice—for example, personnel vetting, which should be considered for implementation—while avoiding the need to publish NUAR-specific cybersecurity features that should not be in the public domain. Secondly, it specifies the audience for this guidance; namely, users accessing NUAR. Finally, it broadens the scope of the amendment to include Northern Ireland alongside England and Wales, consistent with the NUAR measures overall. Clearly, it remains the case that access to NUAR data can be approved for purposes only by eligible users, with all access controlled and auditable. As such, I hope that noble Lords will be content to support government Motion 34A and Amendments 34B and 34C.
Commons Amendment 43, made in the other place, on scientific research removes the public interest test inserted in the definition of scientific research by the noble Viscount, Lord Colville. While recognising the concern the noble Lord raises, I want to be clear that anything that does not count as scientific research now would not do so under the Bill. Indeed, we have tightened the requirement and added a reasonableness test. The Bill contains strong safeguards. Adding precise definitions in the Bill would not strengthen these protections but impose a significant, new legal obligation on our research community at a time when, in line with the good work of the previous Government, we are trying to reduce bureaucracy for researchers, not increase it with new processes. The test proposed will lead to burgeoning bureaucracy and damage our world-leading research. This disproportionate step would chill basic and curiosity-driven research, and is not one we can support.
I beg to move that the House agree with the Commons in their Amendment 1. I have spoken to the other amendments.