Lord Clement-Jones (LD)

My Lords, these amendments confront us immediately with some of the Bill’s most fundamental potential structural weaknesses—the danger of a static, arbitrary and pre-digital scope. The Government appear to have conceded this point already by tabling those infamous 65 high-risk vendor amendments in the previous group. Let us look first at Amendment 3 in the name of the noble Baroness, Lady Kidron, which I would have signed if there had been room. As drafted, the Bill brings data centres into scope, relying entirely on rigid physical megawatt thresholds—specifically a rated IT load of 1 megawatt, or 10 megawatts for enterprise facilities. In the modern cloud ecosystem, physical power load is a crude and unreliable proxy for risk. A highly dense, interconnected facility drawing under 1 megawatt can host the critical patient records of multiple NHS trusts, emergency dispatch telemetry or core local government routing directories. If that facility is compromised, the societal and economic devastation will be catastrophic, regardless of how much electricity it pulls from the grid—the noble Baroness drew the parallels with NHS data centres. Amendment 3 would provide the essential statutory fix. It would empower Ofcom to apply a risk-based designation that looks beyond physical power to evaluate the customer base, data sensitivity and critical interconnectivity. I listened with considerable interest and sympathy to what the noble Baronesses, Lady Kidron and Lady Harding, had to say about parallels with the Online Safety Act, which is engraved on our hearts.