Member

I turn to other amendments tabled in my name. Amendments 114A and 115A are both necessary to remove the Secretary of State’s regulation-making powers under Clause 80 and Article 22D, and I thank the noble Viscount, Lord Colville, for co-signing them. As the Bill stands, the Secretary of State can, by regulation, decide whether there has or has not been meaningful human involvement in ADM, whether a decision has had an adverse effect similar to that of an adverse legal effect and what safeguards should be in place around an ADM. Like the noble Viscount, Lord Colville, I am concerned here about mission creep and micromanagement. Each of these types of decision would, I feel, be best taken by the data controllers, or the courts, in the event of disputes. I suggest it would be better if the Secretary of State were to publish guidance setting out what should be considered meaningful human involvement and what level of adversity would equate to adverse legal consequences and making suggestions for what would constitute suitable safeguards. This would allow the Government to shape how ADM is deployed while also giving companies using AI-driven ADM flexibility and agency to make it work for their circumstances.