On 19th November 2021, the House of Lords debated the Age Assurance (Minimum Standards) Bill in its second reading. The Bill, tabled by Baroness Kidron, would require Ofcom to produce a code of conduct setting out minimum standards for any system of age assurance, with the aim of protecting children from exploitation and harmful online content. The Bishop of Oxford spoke in support of the bill:
The Lord Bishop of Oxford: My Lords, it is a real pleasure to follow the noble Lord, Lord Russell, and indeed every other noble Lord who has spoken in this debate. It has been extraordinary and very moving. I join other noble Lords in congratulating the noble Baroness, Lady Kidron, on securing this Second Reading and on her passionate and brilliant opening speech. With others, I thank and commend her for her tireless commitment to protecting children online. That she does so with such consistent grace and good humour, against the backdrop of glacially slow progress and revelations about both the variety and scale of harms to children, is no small achievement in itself.
One of my interests in this debate is the more than 280 church schools and the more than 50,000 children who are a precious part of my diocese of Oxford. A substantial proportion are at significant risk for want of this Bill. The primary responsibility of the Government is the protection of all their citizens and especially and particularly those unable to protect themselves. Future generations will, I think, look back on the first two decades of this century and our unregulated use of technology with deep pain and regret, as they reflect on the ways in which children are exposed to harmful material online, the damage which has followed, and will follow, and our tardiness in setting effective regulation in place. We will be judged in a similar way to those who exploited child labour in past generations.
Children are precious to God and to society, not as potential adults nor in the future tense but simply and completely in themselves. Each is of immense value. The evidence is clear that many are emerging from a digital childhood wounded and scarred in ways which are tragic but entirely preventable.
The Government make much of being pro-business in support of the emerging technologies of this fourth industrial revolution but, if they are equally serious about making the UK a safe country to be online, they really must do more to be pro-business in ways that protect children. Other noble Lords have movingly pointed out the many risks our children face whenever they venture online.
We now know with increasing certainty how it is not only other users, so-called bad actors, but many online service providers themselves—not least Facebook, or now Meta—that target children, their data extracted, their identities manipulated, their impulses exploited. It should be noted that many of these same service providers say they would welcome clear guidance and regulation from the Government, even while other businesses say they already possess the tools and opportunities to do this both safely and profitably.
The age-appropriate design code is a welcome and genuinely world-leading innovation, and the Government would do well to note—against the siren voices denying technical feasibility or fearing the balkanisation of the internet—that businesses, the service providers, have now found it easier to standardise their processes to the highest regulatory watermark globally in the interests of reducing costs and complexity. This bodes well for the principle-based and proportional approach to age verification that the Bill artfully encapsulates.
As others have asked, what possible reason can there be for further delay? If protecting children is good in and of itself; if business publicly expresses the need for clearer guidance on how to frame that protection; when business itself sees commercial opportunity in the tools for protection; when a regulator is now waiting in the wings; after government delay already threatens a lost generation—why is the Bill from the noble Baroness, Lady Kidron, not being eagerly and urgently adopted by the Government themselves, if that is indeed the case? I hope we will hear good news today. I eagerly await the Minister’s answer.
Extracts from the speeches that followed:
Lord Cormack (Con): My Lords, I rise to speak briefly in the gap because of what I have heard during this past hour or more. It has been a moving and powerful debate, so much so that I have asked my taxi to wait and I will risk the train. I pay tribute to the noble Baroness, Lady Kidron, for the way in which she introduced the Bill, and I thank the right reverend Prelate the Bishop of Oxford and the noble Baroness, Lady Greenfield, who provoked me into getting to my feet.
I do not do “online” and have no intention of doing so, but I know it cannot be uninvented and is here as a permanent fixture of society. The right reverend Prelate the Bishop of Oxford talked about the 19th century and referred to those who went down the mines and up the chimneys. Their bodies were broken but often their minds were still intact. What we are talking about here is distorting the brain, as we heard from the noble Baroness, Lady Greenfield, and destroying the mind.
Lord Clement Jones (LD): We can and should incorporate the requirements of the Bill into the online safety Bill, but we have an urgent need to make sure that these age-assurance standards are clear much earlier than that. The ICO set out in its guidance in October, Age Assurance for the Children’s Code—previously the age-appropriate design code—expectations for age-assurance data protection compliance. Ofcom’s Video-sharing Platform Guidance: Guidance for Providers on Measures to Protect Users from Harmful Material, also published in October, is even weaker. There is not even an expectation; it simply says:
“VSP providers may consider the following factors when establishing and operating age assurance systems”.
That is all they are, considerations and expectations. At present there are no sanctions attached to those requirements. It is clear that we need binding standards for age assurance to make these sets of guidance fully operative and legally enforceable.
The technology is there. The Government should adopt the Bill here and now—and ensure its passage before the end of this term. As the noble Baroness, Lady Harding, says, it lies in our hands. I hope noble Lords will resist the temptation to table amendments during the passage of the Bill. If they do resist that, we could avoid Committee stage and move rapidly towards Report and Third Reading, to make this Bill a reality. As the right reverend Prelate said, children are at risk for the want of this Bill and we have the regulator in the wings.
Baroness Merron (Lab): It is shocking to hear from the NSPCC that 62% of 11 to 13 year-olds who reported having seen pornography described their viewing as mostly unintentional. As the right reverend Prelate the Bishop of Oxford said, this is entirely preventable. If the Government are sincere about protecting children, they must find a way to fast-track the pornography protection provisions. I would be grateful for the response of the Minister on this point. More generally, if the Government agree with the thrust of the Bill from the noble Baroness, Lady Kidron, as we certainly hope they do, can the Minister provide an assurance that it will be passed to the other place in a swift manner and taken forward in government time?
The Church of England in Parliament 
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