King's Speech 2024
What does the King’s Speech 2024 indicate that the new Labour government has in its legislative agenda impacting data protection, privacy, reputation management, freedom of expression, online safety, cyber security, digital markets regulation, artificial intelligence (AI), content regulation, information access, human rights and ESG, and what doesn’t appear to be an immediate priority?
ESG
Draft Audit Reform and Corporate Governance Bill “to strengthen audit and corporate governance”, which we anticipate will also address Labour’s manifesto commitment to require UK-regulated financial institutions and FTSE 100 companies to develop and implement credible transition plans that align with the goal of the Paris Agreement to limit global warming to 1.5°C.
Water (Special Measures) Bill “to strengthen the powers of the water regulator”
Great British Energy Bill “to set up Great British Energy, a publicly owned clean power company headquartered in Scotland, which will help accelerate investment in renewable energy such as offshore wind”
“Legislation will be brought forward to help the country achieve energy independence and unlock investment in energy infrastructure”
Sustainable Aviation Fuel (Revenue Support Mechanism) Bill “to support sustainable aviation fuel production”
The background briefing notes to the King’s Speech make clear that the Audit Reform and Corporate Governance Bill would replace the Financial Reporting Council with a new regulator, the Audit, Reporting and Governance Authority, and would require greater corporate transparency.
Artificial Intelligence (AI)
The background briefing notes to the King’s Speech identify a new Product Safety and Metrology Bill, which would apply to artificial intelligence (AI).
Online Safety
Children’s Wellbeing Bill “to raise standards in education and promote children’s wellbeing”
The background briefing notes relating to the Digital Information and Smart Data Bill state that this Bill will also enact a “Data Preservation Process that coroners (and procurators fiscal in Scotland) can initiate when they decide it is necessary and appropriate to support their investigations into a child’s death”, enabling coroners to secure and access online information from social media and other companies.
Content Regulation
“legislate to restrict advertising of junk food to children along with the sale of high caffeine energy drinks to children”
Human Rights
Hillsborough Law “to introduce a duty of candour for public servants”
Draft Equality (Race and Disability) Bill “will be published in draft to enshrine the full right to equal pay in law “
Labour’s manifesto commitment to make all hate crimes aggravated offences was not explicitly referenced but the King’s Speech did assert that the government “will take steps to help rebuild trust and foster respect”.
Cyber Security
“To ensure that the United Kingdom’s defence capabilities are matched to the changing nature of global strategic threats, my Government will conduct a Strategic Defence Review”
While not referenced in the King’s Speech itself, Labour’s list of proposed bills detailed in the background briefing notes to the King’s Speech includes a Cyber Security and Resilience Bill to “strengthen the UK’s cyber defences, ensure that critical infrastructure and the digital services that companies rely on are secure”.
Data Protection
We understand Labour’s manifesto commitment to seek a new security agreement with the EU to ensure access to real-time intelligence and enable our policing teams to lead joint investigations with their European counterparts” to be encapsulated as part of the intention highlighted in the King’s Speech to “seek a new security pact to strengthen cooperation on the mutual threats faced by the United Kingdom and the European Union”.
No reference was made to data protection reform in the King’s Speech, but Labour’s list of proposed bills does include a Digital Information and Smart Data Bill to “enable new innovative uses of data to be safely developed and deployed”, “by reforming data sharing and standards”, “improving our data laws” and “giving the regulator (the ICO) new, stronger powers and a more modern structure”. It remains to be seen whether the Conservative government’s proposals in the Data Protection and Digital Information Bill will fall by the wayside and if industry lobbying efforts have fallen on deaf ears.
Reputation Management
Despite members of the new Cabinet having made public commitments to “crack down on the powerful abusing their wealth to gag people from asking legitimate questions” and shut down the UK’s role as “a corruption services centre” and its “enablers”, no commitment was made to take up the mantle to prevent Strategic Litigation Against Public Participation (SLAPPs).
Digital Markets
No reference was made in the King’s Speech to Labour’s manifesto commitment to prevent platforms being used by online fraudsters or to impose restrictions on weapons sales, but these are referenced in the background briefing notes and will be included in the Crime and Policing Bill
Information Access
Proposals to recognise the International Committee of the Red Cross (ICRC) as a quasi-international organisation of which the UK is a member include granting exemptions from disclosure of confidential information obtained from the ICRC and held by the UK government including requirements of any court or tribunal or a statutory provision, such as the Freedom of Information Act 2000., or other rule of law. .
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