L

Lord Clement-Jones (LD)

Speaking in the House of Lords on 30 April 2025

Debate

Property (Digital Assets etc) Bill [HL]

Contribution

My Lords, I can be extremely brief because I agree with much of what the noble Viscount, Lord Stansgate, has had to say. The noble Lord, Lord Holmes, is nothing if not consistent. We had data centres brought up in the Data (Use and Access) Bill and in this Bill, and I am sure he will ruthlessly bring up data centres on every possible occasion. Of course, the Government need a data centre strategy but the primary purpose of this Bill is very specific: to resolve the Colonial Bank v Whinney issue that the Law Commission wished to do. That is what we should be focused on today. The Bill does not make digital assets property. It removes a legal barrier to their recognition as such by confirming that the traditional twofold classification is not exhaustive. That is all the Bill does, so I think that requiring a comprehensive economic impact assessment does not flow directly from this very narrow but useful Bill. I feel the same way about Amendment 5, which proposes a review within six months. Again, that goes way too far. Framing the review as being triggered “due to any such digital assets being treated as property by virtue of this Act” suggests that the Bill creates the property status, which is misleading. I think the noble Lord, Lord Holmes, already knows all the arguments against his amendments so I shall carry on no further.

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