Data Protection (Adequacy) (United States of America) Regulations 2023

Viscount Camrose Excerpts
Wednesday 22nd November 2023

(1 year ago)

Lords Chamber
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Viscount Camrose Portrait The Parliamentary Under-Secretary of State, Department for Science, Innovation and Technology (Viscount Camrose) (Con)
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I thank the three noble Lords who spoke for their valuable and robust contributions to this debate. Let me start with some general remarks about the SI.

In 2022, the UK exported more than £99 billion in data-enabled services, such as finance and IT, to the US. That amounts to about 30% of the UK’s total data-enabled services exports globally. UK data bridges such as the one established with these regulations ensure that high data standards are upheld when UK individuals’ personal data is transferred internationally while reducing the compliance burdens for businesses, realising responsible innovation and growth. The UK-US data bridge restores a robust and reliable mechanism for transatlantic personal data flows and is expected to benefit around 16,000 UK businesses, 92% of which are small or micro businesses, and provide a combined benefit of an estimated £115 million per year.

The UK-US data bridge has been established following several years of collaboration between both countries and follows a robust assessment by the Secretary of State of the high standards and protections available to UK personal data when it is shared with organisations in the US under the bridge. DSIT published a series of supporting documents alongside the regulations for the US data bridge, including a policy explainer, a fact sheet for UK organisations, a series of letters detailing the operational delivery and enforcement of the frame- work, an analysis of the assessment which underpinned the Secretary of State’s decision and the Information Commissioner’s opinion.

I acknowledge absolutely the disappointment of the Secondary Legislation Scrutiny Committee that an impact assessment was not made available when the regulations were laid. As was remarked on, an initial impact assessment was submitted to the Regulatory Policy Committee in 2022 which was returned to my department with a green rating, meaning it was considered fit for purpose. Deeply regrettably, the updated version containing much of the same content was not reviewed and approved in a timely manner to coincide with the laying of the regulations. My officials worked at pace to address the additional comments from the Regulatory Policy Committee. I am pleased to say that the impact assessment for these regulations, which has been rated as fit for purpose, was published in mid-October. Furthermore, I can assure noble Lords that DSIT takes the concerns raised by the committee seriously.

In relation to the additional material included within the Explanatory Memorandum published alongside these regulations, as the noble Lord, Lord Clement-Jones, mentioned, an updated version of the Explanatory Memorandum addressing the areas raised by the committee in the report was laid, I am afraid as late as Monday 20 November, and is now available online. I am confident that these changes address the issues raised by the committee in its report.

On the concerns raised by the committee about the absence of a public consultation, I agree that these regulations may be an issue of public interest. These regulations have not been developed in isolation. As part of this assessment, the department worked closely with the UK’s independent data protection regulator, the Information Commissioner’s Office, throughout the assessment and the Information Commissioner was consulted by the Secretary of State prior to taking the decision to establish these regulations in accordance with the Data Protection Act 2018. Additionally, on five occasions since 2021, the department has publicly issued statements in relation to the progress made towards establishing these regulations. These include the UK-US comprehensive dialogue on technology and data launched in October 2022 and the Atlantic declaration announced by the Prime Minister and President Biden in June 2023.

Furthermore, the UK’s approach to facilitating international data transfers was the subject of a public consultation under mission five of the UK’s National Data Strategy, published in December 2020. This was focused on plans

“to remove unnecessary barriers to international data flows”,

drive high standards and build trust in the international use of data. These plans and the department’s approach in this area have been strongly and consistently welcomed by businesses of all sizes looking to operate and trade internationally between the US and UK.

I turn to questions specifically raised in this debate. The noble Lord, Lord Clement-Jones, asked what is being done by the department to address these issues in the future. The delays to the impact assessment and issues raised with the Explanatory Memorandum are unfortunate. It was always the department’s intention to publish the impact assessment once reviewed by the Regulatory Policy Committee and update the Explanatory Memorandum following the Secondary Legislation Scrutiny Committee’s report. As I have said, the department takes the concerns of the Secondary Legislation Scrutiny Committee seriously. There are steps being taken to ensure the delivery of high-quality, comprehensive documentation alongside future secondary legislation. This includes setting up a departmental better regulation team in the new year to support policy teams in the development of impact assessments, and providing a comprehensive library of best practice resources to officials and policy teams. I know that these steps do not help with the issues that arose in this statutory instrument, but I hope that it provides some reassurance towards the steps we are taking to prevent any repeat of these issues in future.

The noble Lord also raised how the data bridge agreements translate on to the US and whether they need to be approved on a state-by-state basis. The answer is that they do not need to be approved by individual states; they are arrangements which operate across the US in relation to any organisations which have signed up to the framework.

Regarding what guidance the department has provided to businesses, it has published a fact sheet on GOV.UK which provides additional clarity and information for businesses regarding using the data bridge, including explaining the need to specify certain types of data as sensitive. Additionally, the ICO has published a complaints tool to help businesses and individuals navigate the new redress mechanism which strengthens and protects UK data subjects’ rights when their personal data is transferred to the US.

Regarding the DPDI Bill, the changes to that Bill will not affect the validity of existing data bridges such as this one. They will continue to have effect under the new regime. The Secretary of State will continue to monitor the data bridge on an ongoing basis for any developments in the US which could affect the decision taken to make these regulations and will take such action to amend or revoke them if necessary.

The noble Lords, Lord Clement-Jones and Lord Fox, both raised what the longevity is of the data bridge, given the Max Schrems case, and the robustness of this legislation. We are aware of the stated intentions made by certain individuals such as Max Schrems to challenge the EU’s adequacy decision for the EU-US data privacy framework, as they have done twice previously. Our data bridge for the UK extension to that privacy framework is a separate decision from the EU’s adequacy decision, following the UK’s independent assessment of relevant laws and practices. We are continuing to work with the US now that the data bridge is online to ensure that it functions as intended and will continue to engage should any challenge to the EU’s adequacy decision be successful. Should the EU’s decision be invalidated, that would not directly impact the UK’s data bridge for the US.

In response to the noble Baroness, Lady Jones, I can confirm as above that the published impact assessment has a green rating. With regard to her question on how the data bridge differs from the EU framework, the UK is relying on our own extension to the EU-US data privacy framework, which mirrors the EU framework.

The noble Baroness asked whether individuals can opt out from the data bridge and about its robustness, including the important point about Palantir. UK individuals’ data is protected to the high standards expected within the UK under the UK GDPR and Data Protection Act 2018. We have conducted a robust and detailed assessment of the new US framework, which is published online on GOV.UK, and which the Secretary of State has decided meets the high standards necessary to establish a data bridge. This includes strict requirements and rules surrounding how US organisations should use, process and disclose personal data that they hold. When deciding whether to share personal data with a US organisation under the data bridge, the transferring organisation in the UK still needs to comply with all the requirements of the UK GDPR, including the need to have a lawful basis for sharing the personal data.

In response to the noble Lord, Lord Fox, who asked who the department engaged with in the US and which regulatory bodies are responsible for the US framework, this is a federal rather than a state government-level framework. The US Department of Commerce administers the framework and is our main counterpart, and the US Federal Trade Commission and US Department of Transportation enforce the framework. We also engaged with the US Department of Justice where there were questions in relation to US national security laws and practices. We have received reassurances from each of these bodies with regard to their commitments to upholding the principles and protecting the rights and protections of UK personal data shared with the US. These have been published online along with our full analysis detailing our assessment of the US data bridge and explaining the role of the different US bodies mentioned, which is on GOV.UK for anyone to view.

On the collection of data by UK political parties and the possibility of transfer to a server outside the UK, the policy governing this aspect falls outside the scope of data bridge policy, and so my department will follow up on that question.

Finally, on the question from the noble Lord, Lord Fox, about the self-certifying annual process for US companies and how the department can be sure that the process is being monitored, the US Department of Commerce has committed in the aforementioned reassurances to conduct verification checks on organisations certified to the framework, as well as to participate in periodic discussions with the UK Government about the operation of the framework, to ensure that the expectations and new practices of the data privacy framework are being met. This includes, where necessary, input from US enforcement bodies, the Federal Trade Commission and the US Department of Transportation, as well as from the UK’s independent data protection regulator, the Information Commissioner’s Office. Additionally, the Secretary of State is obliged to monitor on an ongoing basis any developments in the US or with the US framework that could affect the decision taken to make these regulations and to take such action to amend or revoke them as necessary.

I thank the noble Lord, Lord Clement-Jones, for bringing forward the debate today. The importance of proper scrutiny by parliamentarians for new legislation is paramount, and the department will continue to move forward with renewed determination to ensure that all necessary documentation is provided, not just to a high standard but at the point when regulations are laid. I believe and hope that I have answered all the questions. If not, I am of course more than happy to write with further detail. For now, I am once again grateful to the noble Lord.

Lord Clement-Jones Portrait Lord Clement-Jones (LD)
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My Lords, I thank the Minister for that response. I congratulate him on managing to pick up nearly all the questions and provide them with answers. He probably never thought that quite so many questions could be asked about a single SI, and there are a couple of areas where I think there is further inquiry to be made. This is a salutary lesson in how the SLSC really needs to get the information that it needs to scrutinise regulations, otherwise we all jump up and down and spend our evenings on regret Motions.

This has been a very useful debate. The record, and how the Minister unpacked and answered some of the questions, might be helpful for those who want to take advantage of the UK-US data bridge. It is a great illustration also as to why affirmative SIs, rather than negative ones, are actually rather useful. Why rely on me producing a regret Motion? Would not it have been better to have a proper affirmative procedure in this case, as this is a very important instrument? The Minister talked about its value, and, if it works, we will all agree.

I also very much appreciate the fact that there is a level of humility about this, in that the department is looking at its procedures and setting its house in order with a new regulatory policy process. We look forward, I am sure, to seeing how effective that will be in the future. When the Minister talks about fact sheets and the sensitive data aspects, the fact that the ICO is gearing itself on the complaints and redress side is appreciated as well.

Design Right, Artist’s Resale Right and Copyright (Amendment) Regulations 2023

Viscount Camrose Excerpts
Wednesday 22nd November 2023

(1 year ago)

Lords Chamber
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Moved by
Viscount Camrose Portrait Viscount Camrose
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That the draft Regulations laid before the House on 16 October be approved. Considered in Grand Committee on 20 November.

Motions agreed.

Intellectual Property (Exhaustion of Rights) (Amendment) Regulations 2023

Viscount Camrose Excerpts
Monday 20th November 2023

(1 year ago)

Grand Committee
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Moved by
Viscount Camrose Portrait Viscount Camrose
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That the Grand Committee do consider the Intellectual Property (Exhaustion of Rights) (Amendment) Regulations 2023

Motion agreed.

Design Right, Artist’s Resale Right and Copyright (Amendment) Regulations 2023

Viscount Camrose Excerpts
Monday 20th November 2023

(1 year ago)

Grand Committee
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Moved by
Viscount Camrose Portrait Viscount Camrose
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That the Grand Committee do consider the Design Right, Artist’s Resale Right and Copyright (Amendment) Regulations 2023.

Viscount Camrose Portrait The Parliamentary Under-Secretary of State, Department for Science, Innovation and Technology (Viscount Camrose) (Con)
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My Lords, I beg to move that these regulations be considered. They and the Intellectual Property (Exhaustion of Rights) (Amendment) Regulations 2023 were laid before the House on 16 October 2023. Intellectual property—IP—matters. The IP framework protects creations of the mind, such as inventions, literary works, symbols and names used in commerce. The UK system is widely regarded as among the best in the world. Our IP system is built on laws that ensure consistency, certainty and balance. It has not only helped to incentivise innovation and the creation of new technologies and products but promoted competitive markets and consumer choice. Maintaining a balanced, consistent and stable IP framework is crucial for businesses, consumers and investors.

The draft regulations before the Committee today use powers contained in the Retained EU Law (Revocation and Reform) Act 2023—the REUL Act—to amend or restate certain provisions in IP legislation. They make targeted changes, to the benefit of our IP framework, in line with the aims of the Act. I will take each set of draft regulations in turn, beginning with the Design Right, Artist’s Resale Right and Copyright (Amendment) Regulations 2023. Subject to noble Lords’ approval, they will amend provisions in four pieces of IP legislation. I will explain more about these.

The Design Right (Semiconductor Topographies) Regulations 1989 provide protection for designs that are semiconductor topographies, implementing international obligations under the World Trade Organization’s TRIPS Agreement. Semiconductors, commonly referred to as chips, are the core component of all electronic devices. The semiconductor topography design right is an IP right intended to protect the design of specific semiconductor products, such as circuit boards, which can be relatively easy to copy.

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It would be worth having any thoughts that the Minister has at this stage. I look forward to his response.
Viscount Camrose Portrait Viscount Camrose (Con)
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My Lords, I very much thank the three noble Lords for their valuable and interesting contributions to this debate. As I said in opening, IP matters. The IP system exists to encourage innovation and the sharing of information, creativity and knowledge. It provides individuals and businesses with the confidence to invest their time, money and energy into developing something new. That is why the Government remain committed to a world-leading IP framework. We hope these regulations will ensure that the IP system continues to support innovation across the economy and will make some targeted changes to the benefit of our IP framework.

I shall respond to some of the important questions raised in the debate. The noble Earl, Lord Clancarty, asked about ARR. I thank him for his kind words and support for the changes to ARR in relation to the change of currency. He mentioned the benefits to smaller artists of the ARR regime and the noble Lord, Lord Clement-Jones, expressed similar support. Under that change, artists who continue to receive ARR payments will see an estimated average increase of around 7%, with the highest-value artworks obviously experiencing the largest increase. In addition, when UK inflation is taken into consideration, the minimum threshold resale price for ARR eligibility will actually be lower in real terms than when it was set in 2006.

The noble Earl and the noble Lord, Lord Clement-Jones, asked about government policy for ARR in free trade agreements and why ARR is not included in some negotiations; the noble Lord, Lord Stevenson, also touched on that matter. It is current government policy to support ARR globally via international fora as well as via UK free trade agreements. For example, in our recent free trade agreements with Australia and New Zealand we negotiated provisions to provide ARR on a reciprocal basis—that is, the UK will provide ARR royalties to Australian artists and vice versa.

Noble Lords asked about provisions in FTAs that are still being negotiated, specifically with India and Canada. They will forgive me if I cannot comment at this point on negotiations that have not yet concluded. Needless to say, I am happy to set out more information as it emerges on where we are with these or other free trade agreements.

I turn to the issue of exhaustion. I note the views of the noble Earl, Lord Clancarty, on the UK’s existing UK-plus exhaustion regime and on making the UK-plus regime permanent. As I think everybody in the Room agrees, this is an important matter. As the noble Earl is aware, the Government have consulted widely on it and continue to consider what the UK’s eventual IP exhaustion regime should be. Work to consider the decision on the UK’s future exhaustion regime is ongoing. We intend our future regime to strike the right balance between consumer choice and fair market pricing, protecting creators and promoting competition. The Government are aware that businesses would like certainty about future arrangements that will be affected by this decision. We will let stakeholders know the outcome of the policy decision in due course.

Lord Stevenson of Balmacara Portrait Lord Stevenson of Balmacara (Lab)
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I think we all asked for a bit more detail than the Minister’s “in due course”. Could he be a bit more specific?

Viscount Camrose Portrait Viscount Camrose (Con)
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Indeed. DSIT has been making representations to precisely that effect across government and that process is in train. I cannot provide a date for when it is going to be complete.

Lord Stevenson of Balmacara Portrait Lord Stevenson of Balmacara (Lab)
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Could the Minister perhaps hint at what form it might take? Are we at the White Paper stage of the process or will it just be a statement that the issues are finished?

Viscount Camrose Portrait Viscount Camrose (Con)
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Perhaps I had better write to all noble Lords present to say exactly what form that will take.

Lord Clement-Jones Portrait Lord Clement-Jones (LD)
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I am sorry to interrupt the Minister as well. In addition to the timing, it would be useful to know what the instrument is going to be. Will it be another consultation? We have had a consultation, which finished last year, and now we have the SI. Is there going to be another consultation with another SI? The whole process needs unpacking a bit.

Viscount Camrose Portrait Viscount Camrose (Con)
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That is fair enough. What I am hearing is that noble Lords want to know not just when it will be but what it will look like when it happens. That is an entirely reasonable request, to which I am happy to accede.

I note the views of the noble Lord, Lord Clement-Jones, on how the UK-plus regime supports the publishing industry in particular. I recognise the importance of this issue to a variety of businesses, which have provided extensive contributions to the public consultation on this matter. On behalf of the Government, I thank those businesses for their constructive engagement during the consultation and since. The noble Lord also—no, I am getting ahead of myself. I will move on, except to note that this issue has the potential to impact so many business sectors and therefore it is important for the Government to take the time to get it right.

The noble Lord also mentioned his concerns about a potential move to an international exhaustion regime. As I mentioned, no decision has been made. However, I should advise noble Lords that we intend a future regime to strike the right balance between consumer choice, fair market pricing, protecting creators and promoting competition.

I turn to the matters raised by the noble Lord, Lord Stevenson. I am grateful for his and his colleagues’ expertise on this important area of policy. He raised the review of design rights. The IPO began a review of that legislation last year, with a call for views published in January 2022. We want to make sure that the UK design system best meets the needs of designers and businesses. The IPO is now working on policy proposals on which to consult, which will likely happen in the first half of 2024. The review is fairly wide ranging, as the law around designs is complex and has not been reformed in any meaningful way for some time. It is important to do this work properly to make sure that any changes work for users and all stakeholders.

The noble Lord raised concerns about transparency reports issued by collective management organisations not being audited. The purpose here is to align the treatment of CMOs with that of other organisations in Companies House of similar size; to not treat them differently simply because of the nature of the work they do as CMOs, and therefore not to require organisations that qualify as small to conduct a formal audit in that way, along with other organisations of their size, scope and scale.

Small CMOs will still be required to produce annual transparency reports and to abide by the regulations that govern their conduct and operations. Removing the statutory audit requirement strikes a fairer, more proportionate balance between risk and cost for these small entities. The changes to the audit requirements were in recommendations evidenced by the additional burden imposed on them during a 2021 post-implementation review of the regulations. To provide some reassurance, I hope: this change affects just seven of the smallest CMOs.

The noble Lord, Lord Stevenson, also mentioned the expansion of the European Economic Area and how it would affect our exhaustion regime. Currently, the geographical scope of our exhaustion regime covers the UK and the European Economic Area. If the European Economic Area expanded the Government would consider how that would affect our exhaustion regime, but we would not wish to prejudice such a decision.

I hope all noble Lords will recognise that these proposed changes support a balanced, consistent and stable IP framework that is crucial for businesses, consumers and investors. I absolutely recognise the strength of feeling and argument in favour of maintaining this regime, but meanwhile I commend these regulations to the Committee.

Motion agreed.

Research, Development and Innovation Organisational Landscape Report

Viscount Camrose Excerpts
Monday 20th November 2023

(1 year ago)

Lords Chamber
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Baroness Jones of Whitchurch Portrait Baroness Jones of Whitchurch
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To ask His Majesty’s Government when they intend to respond to the Independent Review of the UK’s Research, Development and Innovation Organisational Landscape, published in March 2023.

Viscount Camrose Portrait The Parliamentary Under-Secretary of State, Department for Science, Innovation and Technology (Viscount Camrose) (Con)
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The Government’s response to the landscape review is in its final stages of preparation and will be published imminently. The response will outline the ambitious actions that we have taken since the review’s publication, including through the Science and Technology Framework and the creation of DSIT. It will also announce further commitments to create a research, development and innovation landscape that makes the most of our strategic advantages and builds a more diverse, resilient and investable landscape.

Baroness Jones of Whitchurch Portrait Baroness Jones of Whitchurch (Lab)
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I thank the Minister for that reply, but he will know that the review identified significant problems in the UK’s RDI landscape, some of which are long-term and serious, and are preventing us from becoming a science superpower. So can he assure us that the Government will take on board the integrated set of recommendations proposed in the review and establish an authoritative working group to implement them, rather than adopting a piecemeal approach to what it is a very serious challenge?

Viscount Camrose Portrait Viscount Camrose (Con)
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Indeed it is a serious challenge. The review identified, I think, 29 separate recommendations. The approach that the Government are taking is to address them not merely singly but, as the noble Baroness suggests, collectively, as a whole, as well. In fact, since its creation, two of our major steps build on the foundations laid by the Nurse review: that is, the creation of DSIT itself and the laying down of the Science and Technology Framework, which builds on the review, to set up the approach along many of the lines that the review suggested.

Lord Krebs Portrait Lord Krebs (CB)
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My Lords, I apologise to the noble Baroness, Lady Jones of Whitchurch, for intervening too soon. The Nurse review points out that government investment in R&D in the UK, at 0.12% of GDP, is five times lower than the OECD average. The UK ranks 27th out of 36 OECD countries. Where does the Minister think we should rank if we are to unlock the UK’s full potential in science?

Viscount Camrose Portrait Viscount Camrose (Con)
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I am not entirely sure where those figures come from. The R&D intensity of the UK—that is to say, the amount spent on R&D as a percentage of GDP—is between 2.8% and 2.9%. That places us fourth in the G7 behind Japan, Germany and the US, and behind Israel and Korea, so it certainly can be higher. That is why we have committed to spending £20 billion per year by the 2024-25 spending review.

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire (LD)
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My Lords, the figures that the noble Lord, Lord Krebs, spoke of are in the review; I read it this morning. Will the Minister reassure us that the response will represent the views of the whole of Whitehall, not just the Treasury but the Department for Education and the Home Office, for the advance spending? The review says we need a workforce of several hundred thousand more by 2030, half from the UK and half from abroad. That will require a change in science education in schools and higher pay for research at British universities, while from abroad it would require the Home Office to reverse the huge increase in visa and health charges that it intends to impose up front on researchers attracted to work in this country.

Viscount Camrose Portrait Viscount Camrose (Con)
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Indeed. The noble Lord is right: we have identified that from the base now of roughly 1 million people in this country working in R&D, taking into account retirements, by 2027 we probably need another 380,000 R&D workers. Inevitably, a great many of those are going to need to come via the immigration route. A wide variety of visa programmes can meet that need. The Government take the view that the going-in position is that those benefiting from visas, rather than the taxpayer, should bear the immediate costs of visas and healthcare. However, that is always kept under review and, should evidence emerge that we are not getting either the quantity or the quality of integration applications, then we will take appropriate action.

Lord Patel Portrait Lord Patel (CB)
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My Lords, there are two streams of funding that universities rely on: quality-related funding and charity research support funding. Both those funding streams are necessary for universities to develop infrastructure but both of them have been eroded over time. As charities have increased their funding for research, the amount of money available to support the universities has declined. Will the Minister commit to addressing those two issues and at least bringing funding up to inflationary levels?

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Viscount Camrose Portrait Viscount Camrose (Con)
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Yes, indeed. I am happy to look at that. I note that the Government currently contribute about 20% of R&D funding through UKR I and other sources, with non-profits accounting for around 3% of funding. As I say, the Government are committed to increasing by about one-third their R&D funding by the 2024-25 spending review, which should go some way towards addressing that gap. Meanwhile, I take on board the noble Lord’s comments.

Lord Leigh of Hurley Portrait Lord Leigh of Hurley (Con)
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Does my noble friend the Minister agree that, in addition to government spend, R&D tax credits have risen to £7.3 billion from £6.6 billion last year, which is very welcome, but perhaps the figure could be higher if there were a campaign to explain to SMEs the availability of R&D tax credits?

Viscount Camrose Portrait Viscount Camrose (Con)
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Yes, indeed. As I say, businesses fund about 60% of R&D in this country and conduct just over 70% of it. I certainly would keenly look into any ability to campaign to encourage more people to take advantage of the generous tax credits scheme.

Viscount Stansgate Portrait Viscount Stansgate (Lab)
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My Lords, when the review is published, will the Minister undertake to persuade the Leader of the House to arrange a debate in government time on it and all the issues related to it? Or, at the very least, can the Government arrange for a Statement to be made from the Dispatch Box so that Members in this Chamber can ask questions as a result of its publication?

Viscount Camrose Portrait Viscount Camrose (Con)
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I thank the noble Lord for the suggestion. I will happily take that up with the Leader of the House and all the usual channels.

Baroness Wolf of Dulwich Portrait Baroness Wolf of Dulwich (CB)
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My Lords, one very well-established principle for effective research is institutional autonomy and freedom of action. The Nurse review identified numerous places and occasions where, at present, government-funded research does not allow for such freedom of action. Can the Minister assure us that the response to the review will pay due attention to these principles, which the Government acknowledged in the very welcome establishment of ARIA?

Viscount Camrose Portrait Viscount Camrose (Con)
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Yes, indeed: these are very important principles to allow research institutions, whether publicly or privately funded, autonomy in the research they undertake. As well as the Nurse review, the Tickell review into bureaucracy in the R&D landscape addresses these things and we will also shortly be publishing our response to the latter review.

Lord Watts Portrait Lord Watts (Lab)
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My Lords, is there evidence that the successive cuts in business taxes have led to increases in investment and research in the UK?

Viscount Camrose Portrait Viscount Camrose (Con)
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If there any such evidence, I am afraid I am not familiar with it.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP)
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My Lords, when talking about research, the Government often seem to be most excited by and focus on the kind of research that generates new profits and services. But very often research is into social innovation: for example, the subject of antimicrobial resistance. Looking for new drugs is something that we need to do, but social innovation and changes in medical practice can reduce the need to produce new drugs and protect the drugs we have now. Will the Minister perhaps look into seeing how we can focus more on that social innovation as well as the profit-making kinds of research?

Viscount Camrose Portrait Viscount Camrose (Con)
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The science and technology framework sets out five priority areas for research and innovation and those areas are then pursued across a mix of public sector, private sector and other bodies, each with their own goals for the research they are conducting. Within that, there is certainly room for all manner of research as the noble Baroness suggests.

King’s Speech

Viscount Camrose Excerpts
Tuesday 14th November 2023

(1 year, 1 month ago)

Lords Chamber
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Lord McInnes of Kilwinning Portrait Lord McInnes of Kilwinning
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That an humble Address be presented to His Majesty as follows:

“Most Gracious Sovereign—We, Your Majesty’s most dutiful and loyal subjects, the Lords Spiritual and Temporal in Parliament assembled, beg leave to thank Your Majesty for the most gracious Speech which Your Majesty has addressed to both Houses of Parliament”.

Viscount Camrose Portrait The Parliamentary Under-Secretary of State, Department for Science, Innovation and Technology (Viscount Camrose) (Con)
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My Lords, on behalf of your Lordships’ House, I thank His Majesty the King for delivering the gracious Speech. I am grateful for the privilege of opening today’s debate on the Motion for this humble Address.

The bold, ambitious legislative agenda the Government have set out for the year ahead is testament to the fact that we are taking the right long-term decisions for a brighter future. That is because this Government recognise that, right across all the sectors we are debating today, the United Kingdom has an exceptional story to tell.

Last year we became one of only three countries in the world to boast a tech sector worth more than $1 trillion. We are a nation of scientific endeavour, home to the Jodrell Bank observatory, to the Francis Crick Institute and to pioneering businesses such as Google DeepMind, whose AlphaFold program has used AI to predict the shapes of 200 million proteins—the fundamental building blocks of human biology.

Through our Frontier AI Taskforce—soon to be our new AI safety institute—we are investing more than any other country in the safe development and deployment of this transformative technology. Indeed, earlier this month our leadership on AI was on full display as we hosted the first ever global summit on AI safety and agreed the historic Bletchley declaration.

Beyond science and technology, we all know that Britain today is a cultural powerhouse too, with a film and television industry worth more than £12 billion to our economy producing iconic, award-winning shows. In virtually every part of the globe, people can tune into the inimitable BBC World Service, which reaches an audience of more than 400 million.

But, for our many strengths, we know that there is no room for complacency. In all these sectors we want the UK to become one of the most competitive, pro-business and pro-innovation economies in the world, and in the proposed legislation we have set out in His Majesty’s most gracious Speech, we are making that vision a reality.

Through our Digital Markets, Competition and Consumers Bill, we are delivering on our manifesto commitment to end consumer rip-offs while creating a host of growth-spurring incentives for British business. To that end, it will grant new powers to the Competition and Markets Authority to drive innovation by preventing a handful of powerful tech companies using their influence to quash competition and harm consumers. It will hand people more rights over subscription contracts to give them more control over their spending, and it will make it harder for unscrupulous traders to trap people in subscription contracts they no longer want—a practice that currently cheats consumers out of £1.6 billion every year. New powers will also enable the CMA to take tough action against other bad business practices more quickly, without needing lengthy court action.

In all this we want to strengthen the rights of the consumer, recognising that better data protection is a win-win for both businesses and individuals. That is why our Data Protection and Digital Information Bill will let us take full advantage of our post-Brexit freedoms, unleashing innovation in every corner of the UK. It will help create a flexible, common-sense data protection regime, one that takes the best elements of GDPR while cutting red tape and saving British businesses £2.2 billion in increased productivity and compliance costs over 10 years. In the public sector those savings climb to £2.5 billion over 10 years, thanks to reforms to the use of data for law enforcement, national security and digital verification services.

We are reducing the bureaucracy that has been holding us back, while delivering real benefits for the British people. That includes both cracking down on nuisance calls and reducing the number of dreaded “accept/reject cookie” buttons that freeze web pages, sometimes long after they have loaded.

We are ensuring that the rules around data and internet access are fit for the digital age, and we want to do the same for public service broadcasting, because the truth is that many broadcasters are governed by rules written 20 years ago. Our laws ought to drive growth in our creative industries, not constrain it. That is why our new Media Bill is so important—to enable our public service broadcasters to compete, to nurture talent and skills and to drive growth across the UK. The Bill will ensure that audiences, both here and around the world, can more easily enjoy quality British content, supporting our creative industries to produce the next “Killing Eve”, “Top Gear” or “Line of Duty”. It will make sure that public service content is only a click away on connected devices such as set-top boxes, fire sticks and smart TVs, which are in roughly three-quarters of homes. It is right that UK audiences have access to the content they love, be that on commercial or public service broadcasters. Thanks to the reforms in our Media Bill, they will.

We are backing British radio stations through these changes too. They require major smart speaker platforms to ensure that the likes of Gold, Magic, Classic FM and all the stations that listeners love can be played on request. Crucially, the Media Bill complements the sweeping protections we have put in place for young people in the UK through the Online Safety Act. It will mean that on-demand content will be held to the same high standards as broadcast channels so that our children can be protected from harmful material.

At the same time, we recognise that freedom of the press and of our media is sacrosanct. Through this Bill we are fulfilling our manifesto pledge to repeal Section 40 of the Crime and Courts Act 2013, which could have required publishers that are not members of an approved regulator to pay costs on legal claims brought against them, regardless of the outcome. This section could have had a negative effect on freedom of speech, undermining high-quality journalism and our newspapers, which play such a vital role in our political discourse and our wider democracy.

Finally, we are modernising the listed events regime to protect British viewers’ access to major sporting events, including the FIFA World Cup. Football is another area in which we have an exceptional story to tell, not least in the tremendous success of our Lionesses at the European Championships last year. In recent times, though, our national game has suffered. We have seen that in the collapse of Bury FC, the devastating impact of the pandemic on clubs and the botched plan for a breakaway European super league. This all underscores the need for an independent football regulator, one that addresses financial sustainability in our national game and ensures that fans’ voices are heard loud and clear. That is precisely what our football governance Bill will establish: a regulator with real teeth that will require a minimum standard of fan engagement. It will hand fans veto rights over changes to team names and badges, the things that are so often part of a club’s heritage. Fans will also be consulted should their local stadium ever be put up for sale. Through the new regulator, we will strengthen owners’ and directors’ tests to help prevent a repeat of what happened at Blackpool FC and Charlton Athletic, where fans had to fight to save their own club.

We also recognise that the current distribution of revenue in the top five divisions is far from sufficient. That, in turn, is causing financial headaches for some clubs, further destabilising the football pyramid. That is why the regulator will have targeted statutory powers to, as a last resort, ensure financial sustainability in this pyramid by redistributing broadcast revenue.

As noble Lords know, the vast majority of football clubs are pillars of their community and are well run, and for these the regulator will have less of a role. Instead, it will focus its efforts on ensuring financial stability in the top five tiers of the men’s English football pyramid, with a mandatory licensing system. Through the scheme, it will have powers to monitor and enforce compliance with requirements in financial regulation, club ownership and much more.

From Liverpool to Leeds, from Wrexham to Wolverhampton, our football clubs are the beating hearts of our communities, steeped in history and inextricably linked to our national heritage. Because of the reforms we are undertaking today, I am confident that they will continue to thrive tomorrow and for decades to come.

In the Bills I have outlined, we are fulfilling our commitment to unlock the UK’s full potential in science, technology, media and sport. We are giving every entrepreneur a fair shot at success, ensuring that corporate power is not unduly concentrated in the hands of a select few. We are backing the rights of consumers, giving them greater control over spending, while clamping down on businesses that engage in drip pricing. We are backing British television, British film and British broadcasters, flying the flag for our nation’s unrivalled creativity and talent.

I look forward to further debating these key Bills in His Majesty’s most gracious Speech and discussing our plans to change our country for the better, building a brighter future for every hard-working family.

Artificial Intelligence: Regulation

Viscount Camrose Excerpts
Tuesday 14th November 2023

(1 year, 1 month ago)

Lords Chamber
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Lord Bassam of Brighton Portrait Lord Bassam of Brighton
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To ask His Majesty’s Government, following the action taken by the United States in respect of regulating artificial intelligence, including the recent signing of an Executive Order, whether they have plans to introduce similar provisions in UK law.

Viscount Camrose Portrait The Parliamentary Under-Secretary of State, Department for Science, Innovation and Technology (Viscount Camrose) (Con)
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In the AI regulation White Paper we set out our first steps towards establishing a regulatory framework for AI. We are aligned with the United States in taking a proportionate, context-based and evidence-led approach to AI regulation. The White Paper did not commit to new legislation at this stage. However, we have not ruled out legislative action in future as and when there is evidence of substantial risks, where non-statutory measures would be ineffective.

Lord Bassam of Brighton Portrait Lord Bassam of Brighton (Lab)
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My Lords, I am a little disappointed in the Minister’s response, but we welcome the discussions that took place at Bletchley Park. While the Prime Minister says he will not rush to regulate, as the Minister knows, other jurisdictions— the US and the EU—are moving ahead. Labour in government would act swiftly to implement a number of checks on firms developing this most powerful form of frontier AI. A Bill might not have been in the King’s Speech, but that does not mean that the Government cannot legislate. Will the Minister today commit to doing so?

Viscount Camrose Portrait Viscount Camrose (Con)
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The Government are by no means anti legislation; we are simply anti legislation that is developed in advance of fully understanding the implications of the technology, its benefits and indeed its risks. This is a widely shared view. One of the results of the Bletchley summit that the noble Lord mentioned will be a state-of-the-science report convened by Professor Bengio to take forward our understanding on this, so that evidence-based legislation can then as necessary be put in place. As I say, we feel that we are very closely aligned to the US approach in this area and look forward to working closely with the US and others going forward.

Earl of Devon Portrait The Earl of Devon (CB)
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My Lords, the Government have noted that AI’s large language models are trained using copyrighted data and content that is scraped from the internet. This will constitute intellectual property infringement if it is not licensed. What steps are the Government taking to ensure that technology companies seek rights holders’ informed consent?

Viscount Camrose Portrait Viscount Camrose (Con)
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This is indeed a serious and complex issue, and yesterday I met the Creative Industries Council to discuss it. Officials continue to meet regularly both with creative rights holders and with innovating labs, looking for common ground with the goal of developing a statement of principles and a code of conduct to which all sides can adhere. I am afraid to say that progress is slow on that; there are disagreements that come down to legal interpretations across multiple jurisdictions. Still, we remain convinced that there is a landing zone for all parties, and we are working towards that.

Lord Clement-Jones Portrait Lord Clement-Jones (LD)
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My Lords, I welcome what the Minister has just said, and he clearly understands this technology, its risks and indeed its opportunities, but is he not rather embarrassed by the fact that the Government seem to be placing a rather higher priority on the regulation of pedicabs in London than on AI regulation?

Viscount Camrose Portrait Viscount Camrose (Con)
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I am pleased to reassure the noble Lord that I am not embarrassed in the slightest. Perhaps I can come back with a quotation from Yann LeCun, one of the three godfathers of AI, who said in an interview the other week that regulating AI now would be like regulating commercial air travel in 1925. We can more or less theoretically grasp what it might do, but we simply do not have the grounding to regulate properly because we lack the evidence. Our path to the safety of AI is to search for the evidence and, based on the evidence, to regulate accordingly.

Lord Browne of Ladyton Portrait Lord Browne of Ladyton (Lab)
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My Lords, an absence of regulation in an area that holds such enormous repercussions for the whole of society will not spur innovation but may impede it. The US executive order and the EU’s AI Act gave AI innovators and companies in both these substantial markets greater certainty. Will it not be the case that innovators and companies in this country will comply with that regulation because they will want to trade in that market, and we will then be left with external regulation and none of our own? Why are the Government not doing something about this?

Viscount Camrose Portrait Viscount Camrose (Con)
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I think there are two things. First, we are extremely keen, and have set this out in the White Paper, that the regulation of AI in this country should be highly interoperable with international regulation—I think all countries regulating would agree on that. Secondly, I take some issue with the characterisation of AI in this country as unregulated. We have very large areas of law and regulation to which all AI is subject. That includes data protection, human rights legislation, competition law, equalities law and many other laws. On top of that, we have the recently created central AI risk function, whose role is to identify risks appearing on the horizon, or indeed cross-cutting AI risks, to take that forward. On top of that, we have the most concentrated and advanced thinking on AI safety anywhere in the world to take us forward on the pathway towards safe, trustworthy AI that drives innovation.

Baroness Kidron Portrait Baroness Kidron (CB)
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My Lords, given the noble Viscount’s emphasis on the gathering of evidence and evidence-based regulation, can we anticipate having a researchers’ access to data measure in the upcoming Data Protection and Digital Information Bill?

Viscount Camrose Portrait Viscount Camrose (Con)
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I thank the noble Baroness for her question and recognise her concern. In order to be sure that I answer the question properly, I undertake to write to her with a full description of where we are and to meet her to discuss further.

Lord Holmes of Richmond Portrait Lord Holmes of Richmond (Con)
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My Lords, I declare my technology interests as in the register. Does my noble friend agree that it is at least worth regulating at this stage to require all those developing and training AI to publish all the data and all the IP they use to train that AI on, not least for the point around ensuring that all IP obligations are complied with? If this approach were taken, it would enable quite a distance to be travelled in terms of people being able to understand and gain explainability of how the AI is working.

Viscount Camrose Portrait Viscount Camrose (Con)
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I am pleased to tell my noble friend that, following a request from the Secretary of State, the safety policies of Amazon, Anthropic, Google DeepMind, Inflection, Meta, Microsoft, OpenAI and others have been published and will go into what we might call a race to the top—a competitive approach to boosting AI safety. As for enshrining those practices in regulation, that is something we continue to look at.

Lord Knight of Weymouth Portrait Lord Knight of Weymouth (Lab)
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My Lords, further to the question from the noble Lord, Lord Holmes, around data—that the power of the AI is in many ways defined by the quality of the data—does the Minister have any concern that the Prime Minister’s friend, Elon Musk, for example, owns a huge amount of sentiment data through Twitter, a huge amount of transportation data through Tesla, and a huge amount of communication data through owning more than half the satellites orbiting the planet? Does he not see that there might be a need to regulate the ownership of data across different sectors?

Viscount Camrose Portrait Viscount Camrose (Con)
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Indeed. Of course, one of the many issues with regulating AI is that it falls across so many different jurisdictions. It would be very difficult for any one country, including the US, to have a single bit of legislation that acted on the specific example that the noble Lord mentions. That is why it is so important for us to operate on an international basis and why we continue not just with the AI safety summit at Bletchley Park but working closely with the G7 and G20, bodies of the UN, GPAI and others.

Lord Allan of Hallam Portrait Lord Allan of Hallam (LD)
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My Lords, there is significant public interest in the companies developing artificial intelligence working together on common safety standards, but in doing so they may run the risk of falling foul of competition law. Will the Minister be talking to the Competition and Markets Authority to make sure that one public good, preventing anti-competitive practices, does not impede another public good, the development of common safety standards?

Viscount Camrose Portrait Viscount Camrose (Con)
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Yes, indeed. It is a really important point that the development of AI as a set of technologies is going to oblige us to work across regulators in a variety of new ways to which we are not yet used. That is indeed one of the functions of the newly formed central AI risk function within DSIT.

Lord Patel Portrait Lord Patel (CB)
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My Lords, can I back up the question from the noble Baroness, Lady Kidron, on access to data by research workers, particularly health data? Without access to that data, we will not be able to develop generative AI such as retinal scans, for instance, and many other developments in healthcare.

Viscount Camrose Portrait Viscount Camrose (Con)
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Yes, indeed. In healthcare in this country, we have what perhaps may well be the greatest dataset for healthcare analysis in the world. We want to make use of that for analysis purposes and to improve health outcomes for everybody. We do, of course, have to be extremely careful as we use that, because that is as private as data can possibly get.

Counter-Disinformation Unit: Israel and Palestine

Viscount Camrose Excerpts
Tuesday 24th October 2023

(1 year, 1 month ago)

Lords Chamber
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Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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To ask His Majesty’s Government what steps their Counter-Disinformation Unit is taking to identify and combat disinformation on social media in respect of the conflict in Israel and Palestine.

Viscount Camrose Portrait The Parliamentary Under-Secretary of State, Department for Science, Innovation and Technology (Viscount Camrose) (Con)
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The Department for Science, Innovation and Technology takes the threat posed by disinformation in relation to the conflict extremely seriously. We are taking a three-pronged approach, working in lockstep with communities, technology companies and across government. The Government are working to identify fake accounts, known as bots, and working closely with social media companies to ensure the removal of illegal content and content in breach of their terms of service.

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire (LD)
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Given the second Question today, perhaps the Minister will confirm that much of the work of the unit is outsourced to an artificial intelligence company, logically.ai, which I understand is based in Yorkshire. I am interested in exactly how the output of the unit is conveyed to others. The Minister has confirmed that there is active interaction with social media companies, and there is an effort to identify the sources of this misinformation, many of which are state actors. However, some are individuals in this country and elsewhere. What happens when those sources have been identified? Who takes the action further?

Viscount Camrose Portrait Viscount Camrose (Con)
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I will have to write to the noble Lord to confirm the Counter-Disinformation Unit’s use of logically.ai. Where the unit identifies disinformation being deployed at scale, it would first engage with the relevant ministry to allow it to respond. On occasion, it will engage directly with social media companies, if the content it is seeing either is illegal or runs contrary to the terms of service declared by that company.

Lord Leigh of Hurley Portrait Lord Leigh of Hurley (Con)
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My Lords, there has been a huge rise in anti-Semitism and Islamophobia on social media, much of it due to disinformation. What steps are His Majesty’s Government taking to educate the public to spot disinformation and stop them forwarding and repeating it?

Viscount Camrose Portrait Viscount Camrose (Con)
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My noble friend makes an important point. In the escalating battle between those pushing disinformation at us and our attempts to limit it, media literacy is key. Under the terms of the Online Safety Bill, which is due to become law in just a few days, Ofcom is obliged to produce a media literacy strategy to generate awareness of and resilience to misinformation and disinformation. It is obliged also to create an expert advisory committee on misinformation and disinformation online. In addition, there is now a media literacy programme fund that awards up to £700,000 of grant funding for media literacy programmes. All this is dependent on platforms setting out clearly their terms of service, so that users can access them in the full knowledge of the kind of information that they can expect to see.

Baroness Ritchie of Downpatrick Portrait Baroness Ritchie of Downpatrick (Lab)
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My Lords, the EU Commission has formally opened an investigation into X, the platform previously referred to as Twitter, to ensure that it complies with the Digital Services Act following the onslaught of the current conflict in Israel and Gaza, Palestine. Could the Minister outline what discussions and engagement have taken place with the European Commission in relation to its and the UK’s investigations?

Viscount Camrose Portrait Viscount Camrose (Con)
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On 11 October, shortly after the commencement of hostilities, the Secretary of State for DSIT convened a meeting of social media platforms. These included Google, YouTube, Meta, X, Snap and TikTok. She made her expectation very clear that not only would illegal content be rapidly and urgently removed but authoritative content would be promoted to create more clarity around what is accurate content in this fast-moving and difficult situation. Those meetings are ongoing daily at official level and are accompanied by detailed correspondence on the acts of those platforms.

Lord Archbishop of York Portrait The Archbishop of York
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My Lords, it is good to hear that the Government are engaging with the social media platforms on this incredibly serious issue. Twitter has most aptly been renamed X, but without irony: one goes into this area with great caution, as it is distressing and nasty. I am told that X is currently laying off people whose job it is to monitor and remove posts that contain disinformation. Given this, and given that we have made progress in looking at social media platforms, what are we doing to require them to do this other than simply engaging with them?

Viscount Camrose Portrait Viscount Camrose (Con)
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I absolutely agree with the most reverend Primate about the seriousness and horror of the situation. On requiring social media companies to act, the Online Safety Bill will become law in a matter of days; it places much more rigorous requirements on the social media companies to remove content which is illegal and is harmful to children and to have only content that is consistent with their published terms of service.

Viscount Hailsham Portrait Viscount Hailsham (Con)
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My Lords, what are Ministers doing to engage with the leaders of the relevant religious communities to persuade their followers to avoid inflammatory actions and words, which are causing such trouble and intercommunity tension?

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Viscount Camrose Portrait Viscount Camrose (Con)
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That is an important part of the Government’s approach to this very difficult, nasty situation. Last week, the Secretary of State met leaders of Jewish communities, and ongoing meetings are similarly being convened by DLUHC with all communities. We are establishing bridges between these communities and the social media platforms. One advantage they have in that dialogue is that they are accorded trusted flagger status, which greatly reduces the amount of time it takes to raise content of concern.

Lord Bassam of Brighton Portrait Lord Bassam of Brighton (Lab)
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My Lords, the House has previously debated the role and work of the Counter-Disinformation Unit. I do not think anybody was particularly convinced by the assurances which the Minister gave back in July. These issues have been brought into sharp focus by recent events. At the time of that last debate, we were promised a meeting. Unless our Front Bench was left off the invite list, I am not aware of that follow-up meeting having taken place. Given some of the Minister’s responses today, that meeting is now more urgent than ever. Can the Minister commit to meet with those of us who are deeply concerned about this issue?

Viscount Camrose Portrait Viscount Camrose (Con)
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I remember the July debate very well. I made a commitment then to meet with concerned Members, which I am happy to repeat. Again, I ask that concerned Members write to me to indicate that they would like to meet. Those who have written to me, have met with me.

Lord Clement-Jones Portrait Lord Clement-Jones (LD)
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My Lords, the Minister mentioned that the Online Safety Bill will come into law very shortly. Will he commit to setting up the advisory committee on disinformation and misinformation as soon as possible after this? The current situation clearly demonstrates both the need for it and for it to come to swift conclusions.

Viscount Camrose Portrait Viscount Camrose (Con)
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I very much share the noble Lord’s analysis of the need for this group to come rapidly into existence. It is, of course, the role of Ofcom to create it. I will undertake to liaise with it to make sure that that is speeded up.

Lord Sterling of Plaistow Portrait Lord Sterling of Plaistow (Con)
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My Lords, it was reported that a hospital had been hit. Immediately—sadly, in this modern day—the media like to break news, not to check how accurate it is. In practice, when we find out exactly what did happen, the damage has already been done because it went out to billions of people who wanted to believe that the Israelis did it.

Viscount Camrose Portrait Viscount Camrose (Con)
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That was very concerning. I am unable to comment specifically on the role of the BBC reporting on it. Combined with other sources of misinformation and disinformation online, it greatly amplified the damage that was done. We continue to work with the social media companies to ensure that they promote authoritative versions of the truth based on their use of fact-checkers, whether third-party independents or part of their own organisation.

Artificial Intelligence: Regulation

Viscount Camrose Excerpts
Tuesday 24th October 2023

(1 year, 1 month ago)

Lords Chamber
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Lord Kirkhope of Harrogate Portrait Lord Kirkhope of Harrogate
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To ask His Majesty’s Government what assessment they have made of existing regulations and practices in relation to artificial intelligence, and what plans they have to monitor and control artificial intelligence (1) in the UK, and (2) in cooperation with international partners.

Viscount Camrose Portrait The Parliamentary Under-Secretary of State, Department for Science, Innovation and Technology (Viscount Camrose) (Con)
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The AI Regulation White Paper set out our proposed framework for governing AI, including plans to establish a monitoring and evaluation process to track performance. This will complement the central AI risk function which we have established to identify measures and mitigate risks. We work closely with international partners through the G7, the GPAI and the Council of Europe to understand AI risks, and are leading the way by convening the AI Safety Summit in November.

Lord Kirkhope of Harrogate Portrait Lord Kirkhope of Harrogate (Con)
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My Lords, I welcome the Government hosting the AI summit at Bletchley Park, which is an opportunity to define the guard-rails on the use and misuse of AI with international partners. AI is borderless, as we know, so co-operation with others such as the USA, China and the EU is vital. Given the advances in draft legislation on AI by our neighbours in the EU, what plans do the Government have to continue the co-operation and dialogue with these other interests to give our thriving UK AI businesses certainty in their ability to sell and trade into all jurisdictions?

Viscount Camrose Portrait Viscount Camrose (Con)
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My noble friend is absolutely right to highlight the essential need for interoperability of AI given the way that AI is produced across so many jurisdictions. In addition to the global safety summit next week, we continue our very deep engagement with a huge range of multilateral groups. These include the OECD, the Council of Europe, the GPAI, the UN, various standards development groups, the G20 and the G7, along with a range of bilateral groups, including —just signed this year—the Atlantic declaration with the US and the Hiroshima accord with Japan.

Lord Clement-Jones Portrait Lord Clement-Jones (LD)
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My Lords, Professor Stuart Russell memorably said:

“There are more regulations on sandwich shops than there are on AI companies”.


After a disappointing White Paper, in the light of the forthcoming summit will the Government put more risk and regulatory meat in their AI sandwich? Is it not high time that we started addressing the AI risks so clearly identified at the G7 meetings this year with clear, effective and proportionate regulation?

Viscount Camrose Portrait Viscount Camrose (Con)
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I am pleased to say that the Government spend more on AI safety than any other Government of any country. We have assembled the greatest concentration of AI safety expertise anywhere and, based on that input, we feel that nobody has sufficient understanding of the risks or potential of AI at this point to regulate in a way that is not premature. The result of premature regulation is regulation that creates unnecessary friction for businesses, or runs the risk of protecting or failing to protect from emerging dangers of which we are as yet unaware.

Baroness Chakrabarti Portrait Baroness Chakrabarti (Lab)
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My Lords, we learned again just this week that our own public sector is already using this very powerful technology across the board in Whitehall on matters such as criminal justice, health and education, with great opportunity but great risk. Where is the statutory framework for that current use of the technology? At a time when so many of the Minister’s colleagues in the Government want to walk away from international agreement, what hope is there for us to deal with technology on a global scale without new agreements, not fewer ones?

Viscount Camrose Portrait Viscount Camrose (Con)
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I certainly do not recognise a situation in which many of my governmental colleagues want to walk away from international regulations; indeed, I have just provided quite a long list of them. It is entirely appropriate that, within the bounds of safety and their remit, different public sector bodies use this crucial new technology. They do so not in an unregulated way but with strict adherence to existing regulations.

Lord Patel Portrait Lord Patel (CB)
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My Lords, can the Minister clarify how the Government intend to regulate the use of NHS data, particularly the contract for its collection, which is awarded to an overseas company? Furthermore, the UKRI has requested that the Government invest in the significant amount of computing power which we do not have but require for generating AI in healthcare.

Viscount Camrose Portrait Viscount Camrose (Con)
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The Independent Review of the Future of Compute, which we accepted in its entirety, guided us to commit £900 million initially to buying compute. We have confirmed the purchase of an exascale system in Edinburgh as well as the UK’s soon-to-be most powerful supercomputer, in Bristol. There will be further announcements on this as part of the summit next week. The use of NHS data is subject to not only stringent contractual requirements but, already, stringent regulations about data privacy.

Lord Holmes of Richmond Portrait Lord Holmes of Richmond (Con)
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My Lords, does my noble friend agree that we need far greater public engagement and public discourse around AI? Is he aware of the alignment assemblies used in Taiwan to such good effect? Will he consider taking a similar approach to such benefits in the UK?

Viscount Camrose Portrait Viscount Camrose (Con)
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I very much agree with my noble friend that we need maximum public acceptance of AI. However, that must be based on its trustworthiness. That is why we are pursuing, among other things, the global AI Safety Summit next week. I am not familiar with the Taiwanese approach but will look into it, and look forward to discussing it in due course.

Baroness Jones of Whitchurch Portrait Baroness Jones of Whitchurch (Lab)
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My Lords, it has been reported that the Government want big tech companies to agree a set of voluntary guidelines at the AI summit. Can the Minister confirm this? If so, why are the Government not seeking more robust systems of oversight and regulation, notwithstanding some of the advantages of AI, when the dangers of unchecked technology are, as we have heard, so high?

Viscount Camrose Portrait Viscount Camrose (Con)
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I do not believe that anyone anywhere is advocating unregulated AI. The voluntary agreement is, of course, a United States agreement secured with the White House. We welcome it, although it needs to be codified to make it non-voluntary, but that will be discussed as part of the summit next week.

Viscount Colville of Culross Portrait Viscount Colville of Culross (CB)
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My Lords, I would like to pick up on the point made by the noble Lord, Lord Clement-Jones, because Professor Russell also said that he would like to ban certain types of AI deepfakes. With elections looming in this country, can the Minister tell the House whether he thinks AI developers should be banned from creating software that allows the impersonation of people, particularly high-profile politicians?

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Viscount Camrose Portrait Viscount Camrose (Con)
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The noble Viscount raises an extremely worrying and serious issue: the use of deepfakes to impersonate politicians. The integrity of our entire political process could be placed at risk with untrammelled and irresponsible use of these technologies. However, I simply cannot see any pathway to banning these technologies unilaterally, as where they are developed could be absolutely anywhere on earth. I am afraid that any step we are likely to take will not affect that.

None Portrait Noble Lords
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My Lords—

Lord Fox Portrait Lord Fox (LD)
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I thank your Lordships’ House. I will follow on from the point made by the noble Lord, Lord Holmes. Huge commercial benefits are possible from AI. We have talked about the dangers, but there are benefits as well. However, as the Made Smarter Review made clear, the management skills to implement the digital opportunities of today are insufficient, so they are quite clearly not going to be there to implement the benefits of the future. In conjunction with his colleagues in the business department, what is the Minister doing to make sure that we have the skills to be able to take advantage of this technology?

Viscount Camrose Portrait Viscount Camrose (Con)
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Yes, I thank the noble Lord for his point, which is a really important one. There is no defined curriculum of skills for AI anywhere, and there is such a very large range of different types of skills from data science, analytics and computer science, among others, to do that. I do not believe that anyone has produced what might look like a core curriculum of those things. We are, on the other hand, investing very serious funds into education at all levels, from school age to college age and advanced studies as well. I very much take the point, and driving global acceptance and adoption of AI is absolutely key to realising its value.

Semiconductors Manufacturing

Viscount Camrose Excerpts
Monday 18th September 2023

(1 year, 3 months ago)

Lords Chamber
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Lord Fox Portrait Lord Fox
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To ask His Majesty’s Government what progress they have made towards engagement with the semiconductors manufacturing sector concerning funding to support future manufacturing in the United Kingdom, as set out in the Semiconductor Strategy, published on 19 May.

Viscount Camrose Portrait The Parliamentary Under-Secretary of State, Department for Science, Innovation and Technology (Viscount Camrose) (Con)
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The national semiconductor strategy sets out the Government’s plan to build on the UK’s strengths to grow our sector, increase our resilience and protect our security. We will also announce plans by the autumn to further support the competitiveness of the semiconductor manufacturing sector, which is critical to the UK tech ecosystem and our national security. We have engaged, and continue to engage extensively, with industry. The Government’s new semiconductor advisory panel met last week to inform our approach.

Lord Fox Portrait Lord Fox (LD)
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I thank the Minister for his Answer. I think the concern lies around the rhetoric that has surrounded the May announcement, which very much focused on research and design while coupling that to resilience. As the Minister knows, good design companies and good research get bought and leave the country, and they do not necessarily contribute to resilience, whereas manufacturing does. As the Minister said, we in this country are home to some very innovative, lower-cost, niche manufacturers, but for those investors to have the confidence to further those companies, a strategy needs to be set out. Can the Minister assure your Lordships’ House that his department is putting maximum pressure on the Chancellor so that, when his Autumn Statement comes out, a proper manufacturing strategy for semiconductors in this country will be forthcoming?

Viscount Camrose Portrait Viscount Camrose (Con)
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The noble Lord raises, as ever, an interesting point, but to build an advanced silicon fab would, first of all, cost tens of billions of pounds. It would run into not only costs of operation but substantial risks of uncompetitive yields and, as we have seen several times historically, shifts in demand for semiconductors. I remind the House that, although 40% of the value chain of semiconductors is represented by manufacturing, 30% is represented by design. It makes sense that our strategy should build on the country’s strengths, particularly in design.

Lord Stevenson of Balmacara Portrait Lord Stevenson of Balmacara (Lab)
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My Lords, may I follow up that point and ask a little more about the detail of who runs this strategy? In addition to the independent regulator, the CMA, there are, as I understand it, three government departments directly involved: the Cabinet Office, the Department for Business and Trade, and DSIT, as represented by the Minister. The focus of the third leg of the national strategy engages with export control, hostile takeovers and mergers. Who is in charge of that, and can the Minister explain it?

Viscount Camrose Portrait Viscount Camrose (Con)
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Indeed I can, and I recognise the importance of the question around clarity between these various arms of government. The ownership of the semiconductor strategy sits squarely with DSIT. There is a range of Acts—to do with export controls and protection of investment from states seen to be hostile to us—that of course come under other departments, but overall ownership must sit, and continues to sit, within DSIT.

Lord Alton of Liverpool Portrait Lord Alton of Liverpool (CB)
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My Lords, is the Minister aware that some 90% of all advanced semiconductors are produced in Taiwan and that 60% of all semiconductors are produced in Taiwan, mostly by one company? Given the urgency that has arisen out of the hostile acts taking place in the South China Sea, can the Minister tell us what we are doing to bolster supply chain resilience and security? Can he tell the House the current position on the future of Newport Wafer Fab, given that a Chinese company attempted to buy it?

Viscount Camrose Portrait Viscount Camrose (Con)
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I am of course aware of the overwhelming market position of TSMC in Taiwan. It is a manufacturing foundry for semiconductors, but that is the only slot in the supply chain that it occupies. Having a foundry by itself is nothing without the vast, complex, integrated global supply chain of all other companies. On the second part of the noble Lord’s question, any threat to peace and stability in the strait of Taiwan is a deeply serious concern for the Government. We are looking at all scenarios and contingency planning in preparation for any disruption to that.

Lord Sterling of Plaistow Portrait Lord Sterling of Plaistow (Con)
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My Lords, graphene is the thinnest material known to man. It is about 100 times stronger than steel and has the most exceptional electrical conductivity. I understand that huge research is being done on this throughout the world—billions—but there are some small companies in this country, with the finest brainpower, that are working on this. Do the Minister and his unit feel that the conductive capability of graphene is going to be the future for this world?

Viscount Camrose Portrait Viscount Camrose (Con)
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My noble friend reminds me that I had the pleasure of visiting the graphene centre at Manchester University just a couple of weeks ago. I share not only his positive views of the material but his positive estimate of its future uses. It will play a significant role in compound semiconductors of many different kinds, and that is one of the areas of focus for the UK’s semiconductor strategy.

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Lord Wigley Portrait Lord Wigley (PC)
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I am very grateful. I want to continue on the basis of the question asked by the noble Lord, Lord Alton, regarding the specific Newport Wafer Fab factory. I do not think the Minister got around to answering that fully, and I would be grateful to have his observations on the issue.

Viscount Camrose Portrait Viscount Camrose (Con)
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I apologise to the noble Lord for not having reached that bit. The concern about Newport Wafer Fab was that the ultimate owners of the buyer were Chinese investors; hence, under the NSI Act, that was blocked. I cannot comment any further on that specific case because it is under judicial review.

Lord Clement-Jones Portrait Lord Clement-Jones (LD)
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My Lords, the Government may have finally published a strategy on semiconductors, but is investment in our great south Wales compound semiconductor hub going to be encouraged by his ministerial colleague Paul Scully’s remarks about not wanting to recreate Taiwan in south Wales? Also, as has been referred to, there is the very much delayed decision over the future of Newport Wafer Fab.

Viscount Camrose Portrait Viscount Camrose (Con)
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What Minister Scully clearly meant was that there is no point attempting to construct an advanced silicon manufactory at the cost of tens of billions of pounds at considerable risk to both investors and the taxpayer when all those who have tried to mimic TSMC have failed at great expense. It is far better to focus on our strengths and on the compound semiconductor strategy that Minister Scully will have spoken about on that occasion. Again, Newport Wafer Fab is under judicial review and I cannot comment further.

Lord Sikka Portrait Lord Sikka (Lab)
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My Lords, with regard to semiconductor investment, the US has tabled a package of $50 billion, China a package of $40 billion and India $10 billion, while the UK has put forward just £1 billion, or $1.2 billion, which is 1/13th of the subsidy given to railway companies. Can the Minister explain why the Government show so little ambition? Will he now publish all emails and minutes relating to the national semiconductor strategy document so that we can get some insights into its neglect of this vital field?

Viscount Camrose Portrait Viscount Camrose (Con)
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In respect of the first point, as I say, it is a highly risky undertaking to construct advanced silicon fabs in the way that those countries are setting out to do. That is not the right strategy for the UK. With regard to publishing all the emails written by the department, perhaps the noble Lord could write to me and set out his reasons for wanting them and I will be happy to talk to him.

Lord Arbuthnot of Edrom Portrait Lord Arbuthnot of Edrom (Con)
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My Lords, can my noble friend estimate what proportion of the semiconductors in our critical national infrastructure comes from countries that do not have our best interests at heart?

Viscount Camrose Portrait Viscount Camrose (Con)
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The global integrated supply chain for semiconductors is of a scale and complexity that make any attempt to answer that question for any given semiconductor, given the sheer quantity of them and the number of companies that may or may not have contributed in some way along the supply chain, futile. I do not think any human being—or computer, for that matter—could possibly answer such a question. I am sorry.