King’s Speech

Earl of Devon Excerpts

Tuesday 14th November 2023 Lords Chamber

[The Earl of Devon (CB)]

My Lords, it is an honour to follow the noble Baroness, Lady Morgan. I much enjoyed the three maiden speeches delivered today and I welcome and congratulate all our new Members. We all arrive here by various routes; mine involved the gratitude of the Empress Matilda in respect of a previous Brexit. The diversity of paths to these red Benches is one of the House’s greatest strengths, and I look forward to their various contributions. I note my interests in the register, particularly as an IP and technology litigator in both England and California.

The issue du jour is artificial intelligence, highlighted by the earlier Question of the noble Lord, Lord Bassam, and the recent AI safety summit. I appreciate the letter to us all from the noble Viscount, Lord Camrose, and the Government’s stated ambition to remain at the forefront of this epochal technological development. I applaud the commitment to ensure that AI development is

“human-centric, trustworthy and responsible”,

a point that the noble and right reverend Lord, Lord Chartres, made clearly. I also agree with the Prime Minister’s commitment to ensure we do not “rush to regulate” before understanding what it is we are regulating; we should not strangle the proverbial golden goose with unnecessary red tape.

However, some issues and implications of AI are already well identified and agreed, not least that discussed earlier: the IP implications of large language model training and the need for technology companies to obtain consent from rights holders for the data and content they ingest. The Government have stated:

“Data mining systems copy works to extract and analyse the data they contain. Unless permitted under licence or an exception, making such copies will constitute copyright infringement.”


The Minister’s earlier confirmation of this is appreciated.

Of course, access to content is key to the training of LLMs, as identified by Sir Patrick Vallance in his recent Pro-innovation Regulation of Technologies Review, and a code of practice is thus long overdue. Can the Minister in summing up please confirm the expected timing of this following the IPO’s consultation?

I note that the recent AI summit agreed to commission a “state of the science” report as a basis for international collaboration. Could we not also consider the state of the law and regulation governing AI development? In such a fast-moving sector, should we consider an IP regulator and the development of a speedier means of legal recourse than the current civil justice system? The Science, Innovation and Technology Committee noted in August that there is a danger that we will be outpaced by other jurisdictions, which are legislating specifically for AI. But I do agree with the Government’s considered approach to AI regulation.

Finally on this point, as to the welcome programme of AI investment, what measures will be in place to ensure protection for individuals—both rights holders and employees—and to ensure that AI is developed in a manner consistent with accepted environmental, social and governance principles? The dangers of entrenching bias in AI are well documented, as are the environmental impacts of the massive data centres in which LLMs are housed.

As the noble Lord, Lord Holmes, has noted, crucial to AI is data, and the continued passage of the Data Protection and Digital Information Bill is therefore to be welcomed. However, noting the ambition to “reduce burdens on organisations”, I issue a word of warning. Having chaired the Westminster data protection forum recently, I know that there are dangers in becoming non-aligned. Can the Minister please confirm that the legislation will ensure that the UK is able to participate in the free transfer of data internationally? Will it maintain equivalence with Europe, as well as easy exchange with jurisdictions beyond, such as North America and particularly the Pacific Rim? We must not become a data island in our efforts to reduce burdens.

Talking of the Pacific, I support the introduction of legislation to enable our accession to the CPTPP, an important chapter of which addresses intellectual property. The Bill will expand copyright to allow performers from CPTPP countries to enjoy protections in the UK, and UK performers to enjoy additional protections overseas. To the extent the Government intend to extend this national treatment beyond what is strictly required by accession, will the Minister please confirm that they will do so only after full and proper consultation, as this will have unexpected and unwelcome consequences?

The Government are to be congratulated on the passage of the Online Safety Act, but we must not rest upon those laurels. Ofcom published some 1,500 pages of consultation last week, and there is much work to be done to ensure a smooth implementation. The Minister may be aware that the legislation mirrors the provisions of California’s recent Age-Appropriate Design Code Act. Will he please undertake to ensure a free exchange with legislators in that jurisdiction as they wrestle with the constitutional and practical challenges of such implementation? I recommend the work of the British-American Parliamentary Group, of which I am a member.

A similar discussion on tech legislation could occur regarding the Automated Vehicles Bill recently introduced in this House. California leads the world on the regulation and implementation of this technology, as anyone who has recently visited San Francisco can attest, and the BAPG recently visited California to focus just on this issue. I encourage the Minister to note our trade negotiations with the state of California on a memorandum of understanding on economic co-operation and trade relations, and I recommend that it include co-operation in these important areas.

Now that online safety is legislated for, will the Minister please assure the House that the Government will renew their efforts to review the regulation of pornography, including the long overdue identification and verification provisions? The ease with which young and old can access misogynistic violence and abuse on the internet is a stain on our society and, as the Government’s own research has identified, is doing lasting damage to many people across the country—not just the young and vulnerable.

I turn from technology to culture. The football governance reforms are to be applauded, particularly in the light of the well-being, diversity and safeguarding concerns raised by the National Plan for Sport and Recreation Committee, upon which I sat. I note the concerns about the unsustainable financial models adopted by many clubs. In echoing the comments of the noble Lord, Lord Addington, I ask only that the Minister consider the need for a similar review of rugby union governance, in the light of the number of professional clubs that are collapsing in that sport.

Finally, I bemoan the absence of any discussion of heritage in His Majesty’s most gracious Speech. Given the importance of heritage to His Majesty personally, this is a surprising omission and must have been a sadness for him. On the day of the commemoration of the 50th anniversary of the formation of Historic Houses, of which I am a member, and following the launch of its recent report entitled, Changing Times, Valuing History, will the Minister please repeat his warm words delivered this morning recognising the importance of privately owned heritage? Will he also undertake that, despite our rush to navigate and master the technologies of the future, we will not forget the important lessons that reside in our rich and varied past?