It is fitting that for the last debate in this Parliament we should be speaking of apprenticeships, as they are so important to the future of our country, and of data sharing, which is an increasingly important issue to many constituents.
Labour believes that the better use of data can reduce the costs of public services and improve them while making them faster, more efficient, more individual and more personal. In certain areas, such as health, data sharing could lead to new applications and innovative ways of predicting service need and supporting service provision, so we support data sharing in the public interest, but we must ensure that citizens are in control. As the Leader of the Opposition made clear in his Hugo Young lecture, information on individuals should be owned by and accessible to the individual, not hoarded by the state.
It is therefore deeply troubling that the Government have tabled a last-minute new clause to the Bill to authorise data sharing among the Department for Business,
Innovation and Skills, Her Majesty’s Revenue and Customs and persons providing services to them when it comes to apprenticeships. This may be both necessary and useful—the actual data to be shared may be entirely harmless—but it should be done transparently, with the right safeguards and accountability in place, and it should be done as part of a coherent strategy. This is clearly not the case here. The “person providing services” could be anyone, from individual consultants to big multinational companies.
The Government have form on this. In February, their shambolic handling of care.data saw them take what at its origin was potentially a good idea, linking together our individual GP data to improve health care and support new treatments, and single-handedly destroy everyone’s confidence in it. In April, the Government announced that tax data would not only be shared but would be sold to private firms, causing real fear and further eroding public trust in the Government’s ability securely and safely to share our data. I shall come back to those two examples.
We therefore tabled amendment (a) to ask what information was being shared, with whom, by what process, with what accountability, and how it fitted into the Government’s data sharing strategy. If the Minister can answer all those questions, perhaps the amendment will prove superfluous. If not, why not?
Yesterday, in another example of Labour standing up for ordinary people, my hon. Friend the Member for Walthamstow (Stella Creasy) sought to amend the Consumer Rights Bill to create a framework allowing individuals to have more rights over their personal data. The aim was to empower individuals through access to data to have a better understanding of their finance, energy bills, health and shopping habits.
I mention the excellent work of my hon. Friend to make it absolutely clear where the Opposition stand. We believe in the potential of data sharing, we recognise the power of data, but we believe that that power should be with the people, not with big business or Government.
The substance of many of the proposals on apprenticeships is such that we support them, but this last-minute new clause needs further debate and probing. To begin with, even without the data concerns, why are the Government using the Deregulation Bill for this purpose. Is that how they see deregulation: making life easier for them, rather than for citizens and businesses? Around half the proposals in the Bill do just that.
Let us move on to our specific concerns. The Government hold significant data on individuals, companies and organisations in order to deliver services and meet statutory duties. Sharing data across different Government Departments, with local government and with third sector agencies could help improve services while reducing costs and the burden on service users. How many times have we been frustrated at having to give one Government Department exactly the same information that we have already given another? How many times have businesses complained about repetitive form-filling? Data sharing can help reduce the burden on individuals and businesses. Labour supports that. With regard to apprenticeships specifically, small businesses often complain to me about the perceived bureaucracy.
However, there are also legitimate concerns about privacy, individual rights and the risk that Government
data stores might be targets of cybercrime. The Government have been heavily criticised for their handling of health data in the care.data project, in that it was difficult for individuals to opt out of sharing their health data, which could then be sold on to the private sector. That data-sharing project has now been paused. In April the well-known author and advocate of data sharing Ben Goldacre withdrew his support from the project, stating:
“a government body handed over parts of my medical records to people I’ve never met, outside the NHS and medical research community, but it is refusing to tell me what it handed over, or who it gave it to”.
Our shadow Health Minister, my hon. Friend the Member for Copeland (Mr Reed), said that the Government needed to do three things: make it easier for concerned patients to opt out of the proposals; ensure data are genuinely anonymous; and make the Secretary of State accountable for the use of patients’ data. Accountability, transparency and choice—that is what we were asking for, and that is what we are asking for in this amendment.
One might have thought that the Government had learnt from care.data, but it seems not. In April they were at it again, proposing to “sell off” some HMRC data to private sector companies. The right hon. Member for Haltemprice and Howden (Mr Davis), a former Minister, called the proposals “borderline insane”, while the Opposition sought urgent Government explanations. Incompetent handling of data sharing reduces people’s trust and makes it more difficult to implement data-sharing projects that genuinely and responsibly deliver a public good.
Our amendment also relates to HMRC data, so we are at a loss to understand why the Government have not learnt from their experience, or indeed from their own consultation, because last year HMRC consulted on data sharing. In December it announced:
“The Government has decided to proceed with the proposal to remove legal restrictions that currently limit HMRC’s ability to share general and aggregate information for public benefit… HMRC accepts that it will need to be clear and transparent on what is meant by ‘public benefit’. In addition, HMRC accepts that it will need to set in place comprehensive governance, policies and processes, including the evaluation of benefits, risks and costs of a disclosure, before any data is shared or published.”
Can the Minister explain where they are? In April, the Treasury said:
“We shall be consulting further on implementing the proposals for sharing anonymised data, and would only take forward specific measures where there was a clear public benefit and subject to suitable safeguards.”
Yet since the consultation in December we have seen no coherent, concrete proposals, only ad hoc policy, on-the-hoof announcements and this proposed legislation.
The Government deliberately confuse open data and data sharing. The Open Data Institute says:
“Data sharing is providing restricted data to restricted organisations or individuals….Open data is providing unrestricted data to everyone.”
As the chief technology officer of the Open Data Institute said a few days ago,
“confusion is understandable when the government tries to justify its data sharing as satisfying its wider open-data policy.”
With open data, everyone can see the data. However, the new clause is not about open data but about Government deciding to share potentially sensitive data with people they choose without explaining the what, why or who. The Minister talked about an “information-sharing gateway”, the definition of which I do not see in
the Bill, and mentioned employers’ PAYE reference numbers and national insurance numbers as some of the information that would be shared. I think he will agree that that is potentially sensitive information. To comply with HMRC’s guidelines, he will need to set out the safeguards and processes, and how the data will be anonymised if appropriate.
The Open Data Institute says:
“Open data is not a ‘valuable revenue stream’ for government. It is a public good.”
Does the Minister agree? Will he guarantee that these data, as part of the “information-sharing gateway”, will not be sold off and will remain within the public sector? As part of Labour’s policy reviews of digital Government and the creative industries and digital, we are developing policies for a coherent data strategy that puts citizens in the driving seat. That is why we are asking the Government to report to the House in six months to explain what information is being shared, with whom, by what process, and with what accountability—and, crucially, how that fits in with the Government’s data-sharing strategy.
In fact, I have not yet been able to identify a Government data-sharing strategy, but perhaps the Minister can help. There is a data-sharing policy unit within the Cabinet Office, so I would have thought that some policy might be coming out of it. The unit recently met representatives of civil society, who have many concerns about data sharing, and agreed that it was necessary to map out the current data-sharing landscape, but we do not know how far they have got with that. This new clause, which is not set in the context of any data-sharing strategy apart from the Minister’s reference to an “information-sharing gateway”, suggests that they have not got very far at all.
Finally, I would like to share with the House an unfortunate occurrence that I recently suffered. My wallet was stolen, including my European health insurance card. Obviously, I was very upset about that, but I was pleased to discover that an automated line was available 24/7 through which I could replace it for free. I rang it up and heard the following message: “The NHSBSA has a data-sharing agreement with other Government agencies. By continuing this call, you signal your awareness and agreement to data sharing.” I was somewhat surprised by that. If this Government believe that all it takes to signal agreement to data sharing—or an information-sharing gateway—is a voicemail, why are they introducing primary legislation in order to enable it?
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Labour believes that digital can transform the relationship between people and Government. It can make it flatter, more direct and more accountable, putting people in charge. The next Labour Government will need to do more with less, and better use of data could not only reduce the costs of public services but improve those services.
The key question is: will citizens remain in control? We want to answer that in the positive, and in order to do so we need to know who decides what restricted data get shared and with whom. We need to make sure that citizens retain control over their data, be it in the public or private sector, and I hope the Minister will agree that it will take more than a voicemail message and an ad hoc amendment to ensure that that happens.
I want to say a few brief words about the other amendments, which I will not enumerate. We will not seek to oppose them. In Committee, the Minister said he would write to my hon. Friend the Member for Chesterfield (Toby Perkins) about the proposals and how they would work specifically for small businesses, but he did not refer to that in his opening remarks. Small businesses have expressed concern that total control of funding will create extra burdens for them and that that may be more favourable to big business. Indeed, the Minister observed that a different model might be needed for small businesses, particularly as they do not have the cash flow to benefit as much from the scheme. I would therefore welcome an update on that issue.
We believe that employers should have more say in the provision of skills and we welcome their involvement in setting the standards, but we must not compromise on quality. It is regrettable that in Committee the Government voted down our amendments that would have made all apprenticeships level 3 by 2020. It is also a shame that the Government could not find time to add to their amendments Labour’s plans to boost apprenticeship opportunities through public procurement, which is the approach we adopted when in government. That could have created thousands of new opportunities for apprenticeships. It is something we will have to do when we are in government, along with our plans to protect the trusted and historic apprenticeship brand, which this Government are putting at risk.