Baroness Harding of Winscombe (Con)

My Lords, I also support Amendments 74 and 167. My experience is that boards that tell you that their cyber security is really good are the ones you should be most worried about. Boards that are really worried about it and can tell you where they think they are exposed might be in a slightly better place. There are too many organisations that will tell you that they are fine. Boards that are not doing what is set out in Amendment 167 are in trouble. It is entirely appropriate, and I fully support that amendment. On Amendment 74, I would just like to draw a thread between the financial services senior management regime, what we have learned in the Online Safety Act and Tuesday’s debate about whether frontier AI models are included in the scope of the Bill. We have learned from the financial services senior management regime that when you make individual human beings accountable, they change. There is no doubt that the senior management regime in financial services has served to move the dial on the culture in financial services, and all previous attempts have failed. Through the Online Safety Act, we have learned that various companies—not ones regulated by this Bill—have not taken seriously fines from Ofcom and simply refused to obey. We are living through an era when the tech sector wants to believe that it is exceptional and that laws from individual countries do not apply to it. It is therefore very important that we put into the Bill liability for senior executives, precisely because of what we have learned: in a sector that is doing it, you get culture change. In other digital legislation, where we do not have this, regulators’ decisions have actively been flouted. This is even more important if the Minister were to accept the amendments we debated on Tuesday—the noble Lord, Lord Tarassenko, has arrived just in time—because I firmly believe that the single most important part of regulating AI is holding the creators of the model accountable for their actions. Given that the biggest cyber security threats we face are the actions of agentic AI, I want to be able to build the framework that enables us to hold the managers and leaders developing those models, who currently say that this has nothing to do with them, accountable for their actions. I may be stretching it a bit, but I hope that Amendment 74 would be the beginnings of a framework that would enable us to hold senior tech titans to account.