Artificial Intelligence: Intellectual Property Rights

Debate between Lord Spellar and George Freeman

Wednesday 1st February 2023 Westminster Hall

[The Minister for Science, Research and Innovation (George Freeman)]

It is a great pleasure to serve under your chairmanship, Mr Robertson, and to have the chance to put the record straight in answer to the sensible points and questions made in the debate.

I congratulate and thank the hon. Member for Richmond Park (Sarah Olney). Had the debate not been scheduled, I would have hoped for someone to secure such a debate in order to give me a chance to explain the situation. I also thank all colleagues from across the House, from all parties, who have spoken this afternoon. I think we have covered most of the points.

It is a particular pleasure for me not only to be back in this role as the Minister responsible for AI, the Office for AI and the Intellectual Property Office, as part of my wider role as Minister for science, research, technology and innovation, but as someone who years ago ran a very basic AI drug discovery business. I mean, it was very basic: it was an algorithm with an elastic band connected to it compared with the technologies of today. It deployed basic early AI to look in the pharmacopoeia of “failed medicines” to find those that are actually dream medicines for certain segments of the population, trying to reprofile them.

I have therefore seen for myself how AI, properly deployed in an ethical framework, can be a huge driver for not only drug discovery, but better medicine and public services. I am also from a family with a lot of interest in the creative industries—my wife is a musician, artist and writer, my brother works in film and I have published a book—so I am very aware of the balance that has to be struck and that colleagues across the House have spoken about this afternoon.

I think it is fair to say, as a number of colleagues have, that AI is coming at us as a transformational technology at a pace that we have not had to deal with before in Government. The pace, the halving of technology cycles, and the speed at which it is maturing and reinventing itself are creating some big and interesting challenges for established industries, new industries that are taking shape and creators across all the different spheres of the creative industries. We need to get the balance right.

In case the Division bell goes or we have some other interruption, let me make it clear that when I returned to office, the Minister of State, Department for Digital, Culture, Media and Sport, my hon. Friend the Member for Hornchurch and Upminster (Julia Lopez), and I met promptly to look at the issue. We have written around to make it clear to other Ministers that the proposals were not correct, that we have met with a huge response, which should have been picked up in the pre-consultation before the proposals were announced, and that we are looking to stop them.

We will have a rather deeper conversation with the all-party group, whom I met yesterday, and with experts in both Houses and in the industry—creators, platforms, publishers, broadcasters and digital intermediaries—to ensure that we do not rush precipitately into a knee-jerk move that is wrong. We must try to anticipate the challenges that are coming and to get a regulatory framework in the UK that can keep pace with the pace of the technology and the issues it raises.

I reassure the hon. Member for Richmond Park, who secured the debate and asked a specific question about this, that we will not be proceeding with the proposals. I will go on to answer the question that I know the right hon. Member for Warley (John Spellar) is going to ask me, which is, “How did this happen and what are the lessons from it?”

[John Spellar]

I thank the Minister for that welcome announcement—I presume it was an announcement? I understand that this has to go through a number of stages of inter-departmental consultation, but could he give any idea of when a definitive policy will be produced?

[George Freeman]

Theses have been written on whether it was an announcement with a capital “A” or a small “a”. I do not think I could be clearer that the two Ministers concerned agree that the proposals submitted, approved and published did not meet with the expected support. I hasten to say that they were published after I left Government, and it was a period of some turmoil. One of the lessons from this is to try not to legislate in periods of political turmoil.

The key bit of the right hon. Member’s question is: when will we see proposals? My strong instinct is that we should draw breath, take a chance to go through all the feedback from the last few months, and then, in rather more deep consultation with all the various interests, see if there are proposals that might command the support that is needed.

[John Spellar]

I am sorry to be pedantic. The Minister refers to discussions between him and the Minister of State, Department for Digital, Culture, Media and Sport, the hon. Member for Hornchurch and Upminster (Julia Lopez), which is enormously welcome. As he is speaking from the Dispatch Box, is that now Government policy?

[George Freeman]

The right hon. Member is well aware, as a veteran of these things, that for something to be a formal announcement on policy, a Government write-round has to go through the various Committees. That process is under way. Until that is done, I cannot formally confirm that it is collective responsibility Government policy, but the two Ministers concerned say that the proposals have not met with the support that was expected. [Interruption.] He has just said that that is good enough for him. I hope that it will be good enough for all those listening.

As colleagues have highlighted, the real issue is how we get the balance right. That is why AI is considered by the National Science and Technology Council, our senior Cabinet Committee, which is chaired by the Prime Minister and looks at the big issues that science and technology raise. I sit on that, and it is there to grapple with the big geopolitical and ethical issues that some of these technologies are raising. That is why we are working this year on both a creative industry strategy, led by the Department for Digital, Culture, Media and Sport, and an AI regulatory strategy, which will set out our approach to regulating AI.

As the global AI revolution accelerates, we need to be aware that we are working in a global environment, and to set a regulatory framework that does not drive AI creators and investors out. We are a leading AI nation. We have an opportunity to set the regulatory framework in a way that reflects the values that this country is respected for all around the world. I think the hon. Member for Newcastle upon Tyne Central (Chi Onwurah) knows me well enough to know that I do not believe that there is a huge dividend from scrapping all the regulations that were put on the statute book during our membership of the European Union. There is, however, a very strong case for clearing up our regulatory statute book; there is an awful lot of dead wood and daft regulations. It can be very unclear.

I have led the charge in my party for saying that a lot of the Brexit regulatory opportunities are to set the frameworks in new and fast-emerging areas, whether it is AI, autonomous vehicles, nutraceuticals or satellites. The creation of regulatory frameworks that command the confidence of both consumers and investors helps to position this country as a global testbed for innovation, drives international markets, attracts investment and establishes the UK’s leadership in standards.

As Minister for Science, Research and Innovation, I am passionate about our leaning into that sort of leadership, as well as getting rid of some of the dafter regulations, such as the one that says that coffee machines have to turn off after 30 minutes. I do not know which Committee passed that, or nodded it through one day a few years ago. The truth is that our regulatory framework is incredibly complex for regulators, innovators and investors to navigate.