Intellectual Property Bill [Lords]

Julian Huppert Excerpts

Monday 20th January 2014 Commons Chamber

[Mr Willetts]

Yes, I certainly envisage the report covering issues where further work may be needed. It will be a report on the IPO’s overall activities.

I now turn to the set of provisions in part 3. I am pleased to be introducing a change that has been called for by the Justice Committee and by the UK’s higher education sector—an exemption to the general right to information under the Freedom of Information Act 2000 to protect pre-publication research. The lack of a dedicated exemption has, for example, left academics worried about whether a freedom of information request might be made for their lab notes before they publish an article in Science or Nature.

The lack of such an exemption has increasingly led businesses to demand contractual guarantees that their data will be secure, which is not only costly in time and resource but has inhibited research collaboration between universities and businesses. For example, the Russell Group has informed the Government that significant university resources were needed to negotiate funding for a studentship with a large multinational company that was unhappy with the perception that its sensitive data might be released. An exceptional compromise agreement was required to resolve that situation, because the university and business were unable to sign off the contract.

[Dr Julian Huppert (Cambridge) (LD)]

The Minister is absolutely right to highlight the importance of clause 20, which is very welcome. He will be aware that the Wellcome Trust and others, especially those in the bioscience sector, are concerned about the lack of clarity on when protection starts in relation to people preparing a piece of research, which is often the creative element. The Wellcome Trust has proposed two sets of two extra words that could be added to provide clarification. Will he make clear his position and say whether he is prepared to update the Bill?

[Mr Willetts]

My hon. Friend has made that point to me and I have considered it. He is right that the Wellcome Trust has also raised it. Our view at the moment is that we should stick with the proposals in the Bill, because they have the merit of copying exactly what is already done in Scotland. Of course—I am looking across the House at representatives from Scotland—we are always keen to learn from Scottish examples. Indeed, it is known in the trade as the Scottish exemption. We think that having two rather different provisions for research across the UK might be unhelpful, and that the extra words might cast doubt on the effectiveness of the Scottish provision. We have no reason to doubt the Scottish provision, which currently gets the balance right and ensures protection. I am happy to debate the point further in Committee, but I must tell my hon. Friend that we are not at the moment inclined to go as far as the Wellcome Trust has asked.

Let me give another example, which comes from Universities UK, of the problems that the provisions will undoubtedly tackle. A professor turned down an appointment to the European Research Council as an expert referee because the contract could be read to mean that any material had to be subject to absolute confidentiality. His commitment to that was perceived to be difficult due to existing provisions in the Freedom of Information Act, and ultimately the contract was not signed. As a result, the professor did not take up the work, and the European Research Council lost valuable expertise.

The introduction of a specific exemption for research will therefore provide clarity both to higher education institutions and non-public sector research partners—our excellent research community—and enhance the UK’s leading position in international research.