Protection of Freedoms Bill

Baroness Benjamin Excerpts

Thursday 12th January 2012 Grand Committee

Sir Muir Russell believes that we should follow the example of the Americans. The FOI commissioner states in his guidance that there is no case law in this difficult area for university research and often draws parallels with inappropriate administrative functions not helpful for research. More than that, the noble and learned Lord, Lord Wallace of Tankerness, took legislation, on which this legislation is based, through the Scottish Parliament and by general consensus it is deemed to have been very helpful for universities, those applying for FOI and those regulating FOI north of the border. I hope that the Minister will be able to consider accepting this amendment, which would have the real benefit of equalising the position across the United Kingdom. More importantly, it would provide an unequivocal, clear framework for our academics and universities to work within. That will also give confidence to commercial organisations working with them and will ensure that UK research remains globally excellent. I beg to move.

[Baroness Benjamin]

My Lords, I support the amendment, to which I have put my name, as it provides an opportunity to improve the existing freedom of information legislation by explicitly recognising the needs of researchers in universities as highlighted by Universities UK. I appreciate the support given to the amendment earlier by the noble Baroness, Lady O’Neill.

Before I continue, I declare an interest as the chancellor of the University of Exeter, and I speak from my experience gained at the university. At Exeter, which strongly supports an open and transparent approach to research, we are developing an open-access data store for all of our published work arising from public funding, so that it is freely available to the widest possible audience. We at Exeter have a strong track record of complying with freedom of information requests about the work at the university and are deeply committed to public engagement in research, organising many public events, school visits and open days to highlight and explain the research that we do. Public interest in research is very positive indeed and we do all we can to encourage that legitimate interest.

However, the exemption proposed in the amendment is of value in preventing premature publication of research for several reasons—such as in commercial work 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 a product emerging. For instance, our researchers might be developing a new vaccine with a company; that could be prevented from being developed if information was released by a third party too early. In sensitive areas of research, premature release of information can be misleading or impact on our ability to be seen to be impartial and independent. In global security, revealing details of research at a premature stage might be misleading or endanger individual researchers or other UK nationals working in areas of conflict. Incidentally, all the research carried out at Exeter is ultimately published in any case, when completed.

On many indicators, the UK is second only to the US in terms of our research performance. The processes which we here in Britain have for promoting and overseeing the quality of research, which are underpinned by peer review, have helped secure this position. We have worked hard to achieve and maintain that. As my noble friend Lady Brinton has already said, the exemption for pre-publication research in certain circumstances already exists within Scottish freedom of information legislation, and that of other countries. This provides a safeguard that can protect the integrity of the research process, if it is needed, which is not covered by existing exemptions in English legislation.

I, too, believe that the English legislation was not designed with research in mind. Openness and transparency in research is important but distribution of early, incomplete or speculative research findings can be potentially very damaging to public confidence in research and the reputation of UK universities. This could also have the unintended consequences that some international collaborators and investors will be unwilling to allow UK universities access to data and information for fear that it will be released prior to peer review and appropriate legal protection. This is causing great concerns—financial concerns—to universities such as Exeter.

Universities are fearful that at a time when there is widespread recognition and support for scientific research as a driver for economic growth, the Freedom of Information Act, as currently constituted and applied to universities, could adversely affect UK research and is very damaging indeed. Therefore, I hope that the Government will consider carefully the consequences and respond positively to this amendment.