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Lord Clement-Jones (LD)

Speaking in the House of Lords on 28 January 2025

Debate

Data (Use and Access) Bill [HL]

Contribution

My Lords, I too am lost in admiration for the noble Baroness, Lady Kidron—still firing on all cylinders at this time of night. Current law is clearly out of touch with the reality of computer systems. It assumes an untruth about computer reliability that has led to significant injustice. We know that that assumption has contributed to miscarriages of justice, such as the Horizon scandal. Unlike the amendment in Committee, Amendment 68 does not address the reliability of computers themselves but focuses rather on the computer evidence presented in court. That is a crucial distinction as it seeks to establish a framework for evaluating the validity of the evidence presented, rather than questioning the inherent reliability of computers. We believe that the amendment would be a crucial step towards ensuring fairness and accuracy in legal proceedings by enabling courts to evaluate computer evidence effectively. It offers a balanced approach that would protect the interests of both the prosecution and the defence, ensuring that justice is served. The Government really must move on this.

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