Protection of Freedoms Bill

Viscount Hanworth Excerpts

Wednesday 15th February 2012 Lords Chamber

[Lord Oxburgh]

My Lords, I support the intention, if not the precise wording, of Amendments 55A and 56. I feel that, if the legislation goes forward as is proposed at the moment, a series of what I hope are unintended consequences will ensue, which will be seriously damaging to the research community in this country.

One of the points that has not yet been made or emphasised is that the ability to demand information under the Freedom of Information Act is international, so it may be demanded by any person, anywhere in the world, without any specific purpose whatever. We may say that there is copyright, or that the information is released under certain conditions, but probably the places that we would have most concern about making demands of this kind would not respect these conditions, and we would have no means of enforcement.

A serious point, which was made by the noble Lord, Lord Lucas—although I do not support the purpose with which he made it—is that it is not clear from the legislation, as it now stands, what constitutes a data set. My days at the bench are a little behind me, but if I spend a couple of days carrying out a series of experiments and arrive at a series of data points, are they instantly a data set which may be requested by the competition, in North America or elsewhere, and incorporated, published and what have you? The results may or may not have significant commercial significance, but it would certainly undermine the career of an individual who was making them if they were pre-published by someone else.

I wonder whether we should not think of some reasonable amount of time—this concept has been used by research councils from time to time—during which the results of any particular piece of research should be accessible only to those who have carried it out, after which they could be available subject to the Freedom of Information Act: a year, maybe, or two years, or something like that. Certainly the results should be in the public domain; but equally, the person or group that has put in the time, building the apparatus and making painstaking observations, should be the person or group with first access to them.

Another point worth making is that the costs of redaction of some of the information which would be freed under the legislation at the moment are really significant. As I understand it, they would be able to be passed on to the individual or group requesting the information. However, a good example would be data which were acquired from a health study—perhaps clinical trials, or something of that kind—where all the information that would have made it possible to identify the individuals concerned has to be removed: this is a long and expensive business and it is the kind of cost against which someone requiring the data might seek to complain. Provided all of these things are genuinely covered, it seems to me that this is not a serious point, but it has to be recognised.

Overall, what the Government have to recognise is that the net effect of the legislation going ahead as it is now would be to make the UK a relatively unattractive place to do research. It seems to me that this goes counter to the trend of all other government thinking.

[Viscount Hanworth]

I shall speak briefly in support of Amendment 56. It is clear that this amendment is seeking to address a substantial problem with the Freedom of Information Act 2000. We have seen some remarkable evidence of how the provisions of the Act can be used maliciously to frustrate research programmes by those who dislike the conclusions that the research is supporting. Is it not the freedom to conduct research without hindrance that we ought to be protecting? It is clear that the existing regulations within the Act that relate to vexatious requests have proved to be inefficient in warding off the nuisance. The amendment seems to fulfil that purpose perfectly.

[Baroness Benjamin]

My Lords, I have put my name to Amendment 56. In speaking to it I declare an interest as the Chancellor of the University of Exeter. I too thank the Minister for the time that he spent meeting with those of us who have concerns, which was much appreciated.

The Minister argued in Committee that there is little evidence to support the view of the university sector that the Freedom of Information Act is causing difficulties in universities. However, I have spoken to colleagues at the University of Exeter who have given me the clearest possible indications that this is not so, and have told me where the problem lies. I wish to draw the Minister’s attention to the importance of dealing with those problems and concerns effectively.

In particular, the University of Exeter has described the difficulties which the Freedom of Information Act creates when the university negotiates contracts with commercial companies—for example, where the university is working closely with a company to carry out research that might lead to a commercial product and where release of information might prevent a patent or product emerging.

Exeter is not alone. The University of Oxford has described similar difficulties with contract negotiations. For example, Glenn Swafford, the director of research services at the University of Oxford and a man with direct experience of negotiating commercial contracts, has provided examples of exactly these sorts of difficulties. In one case, the university was in negotiations with a large multinational company for a studentship involving £24,000 funding. Significant resources went into the negotiations, with FOI being the major sticking point. The contract was not signed, and although a one-off compromise was secured because the project in question was already under way, Oxford believes that the relationship has been permanently soured. The university has provided other similar examples of long and difficult negotiations.

The point is that large multinational companies have plenty of choices about who they choose to do business with. We want them to do business with UK universities. This Government and the one before them have done much to encourage this kind of research collaboration. But universities across the country believe that this legislation is a barrier to all that. We must take that risk seriously. As Universities UK has pointed out, my noble friend the Minister has argued that there is not enough evidence of harm to justify this amendment. I and others believe that if he examines the material that Universities UK has collected he will see that there is clear evidence of harm.

Secondly, much of what universities have argued has been about the consequences that this legislation may have in terms of people deciding not to invest in UK research. This will be a disaster. Companies do not generally publicise those types of decisions. That is not a reason for ignoring the risk to the UK’s economic interests.

Therefore, I would like to ask my noble friend three questions. Does he acknowledge that universities have commercial interests, for example, competing for students, academics and research grants? Will he undertake to reflect on how far the current exemption for commercial interests extends to universities’ competitive interests? Lastly, can he explain how or whether the exemption for commercial interests might apply where information does not have the quality of a trade secret, because it is not yet commercially exploitable, but nevertheless points towards commercially exploitable information, perhaps subject to further exploration or research?

I believe that we all want to send a clear message that this Government have our universities’ best interests at heart, and wish to protect their standing in the world so that they are recognised internationally as institutions that produce high-quality research with integrity and in confidence. A moral decision has to be made to secure this philosophy. I hope that the Minister will think again and look favourably on this amendment.