Advanced Research and Invention Agency Bill

Lord Fox Excerpts

2nd reading
Tuesday 2nd November 2021 Lords Chamber

[Lord Fox (LD)]

My Lords, this debate has benefited from all the speakers knowing what they are talking about—I think this is the point at which that ends. It is a difficult debate to seek to summate, but before I try, I shall make a couple of general points. The first is about funding. As my noble friend Lord Clement-Jones said, the Government have pushed their science spending back by two years and down by a couple of billion. That puts us in the position of spending 1.1% of GDP of government money. The Government’s target is 2.4%, so how will the Government raise the rest of that money? It just got harder: analysis by the Campaign for Science and Engineering indicates that, because the Government have pushed that deadline two years further into the future, it will result in a loss of around £11 billion of private R&D funding, so some words on that would be appreciated.

Secondly, the noble Lord, Lord Bethell, spoke about orientating the future ARIA around clear societal challenges, and a number of your Lordships set out lists, not least the previous speaker. I join him in suggesting that this country’s response to the biggest challenge that we face—climate change—is a real rallying point that this agency could pull around.

I shall now move to the specifics of the Bill. The noble Lord, Lord Davies, was a little disparaging about the Minister’s enthusiasm in delivering his speech. I beg to differ. I have sat through many speeches of the noble Lord, Lord Callanan, and I thought this one showed traces of bravura to match the ARIA that he is proposing.

We have heard from almost every speaker that there are many questions about what this agency is for: how decisions will be made, how the organisation will go about delivering funding and how it will do its job, never mind what its job actually is. When the Minister kindly met us, he said that most of these questions would be answered when the CEO and the chair were appointed and the framework agreement was written—but the problem is that all of these appear after the Bill reaches Royal Assent.

This is a crucial point. The framework document is instrumental in how this agency will interact with existing funding organisations. Perhaps it may even set out the risk and reward balance; a number of noble Lords brought up this important point. It should indicate how ARIA operates with the Government and the relationships it will create with its clients. It will be the essential operational blueprint between the Government and the agency but, of course, we will not know all of this. We are not allowed to know all of this. In other words, the Bill is an £800 million blank cheque. We effectively know nothing about it. There are some broad, impressionistic brush strokes but, like many such paintings, those are open to interpretation. One of the reasons we are all able to welcome this agency is because none of us know what it is.

The Government say that ARIA will diversify UK R&D funding streams by having the autonomy to choose and fund high-risk programmes across different research areas—which sounds quite good—and that the creation of ARIA does not impact the UK Research and Innovation’s system-wide responsibilities for R&D. This is the big elephant in the room, because however you look at it, the setting up and positioning of ARIA is an implicit, if not explicit, criticism of UKRI. For example, there have been a number of comments about the level of bureaucracy within UKRI. I would remind your Lordships that UKRI is only three years old and a Conservative Party invention. The research bureaucracy we are talking about is the creation of the Benches opposite. When it was being established, there was a lot of questioning about whether Innovate UK should be incorporated within UKRI; I was one of the people who questioned this. We were assured at the time that UKRI would have no problems funding and managing such diverse streams of research and post-research activity.

So, there are issues, but we need to be careful. The way in which ARIA was invented and set out is, of course, to deliver a different sort of agency, but it was also a deliberate attempt to create an anti-UKRI. It is there to counterpoint the issues that were perceived within UKRI, and in our enthusiasm to embrace the unknown and the new we have to be very careful not to throw out the great things that are being delivered by UK science and by the funding that is going through.

I am very interested by today’s announcement that the Government have decided to have a review of UKRI taken through by BEIS. It would be good if the Minister could tell us a little bit more about the objectives of that review. Those who will carry it out could do no better than to heed the words of the noble Lords, Lord Rees and Lord Broers, who had some very wise things to say.

My noble friend Lord Clement-Jones described the string of publications and activities addressing the whole research, development and technology sector. Like me, he can discern no guiding light, no golden thread and no actual delivery plan in many cases. The day before recess, one more of these documents landed on our metaphorical doormats: the UK Innovation Strategy, which has yet to be discussed in your Lordships’ House. It is a very long and detailed document. While neglecting to include what may be called a solid plan, it is very strong on analysis. Within that analysis is a quite powerful description of the need to move ideas and inventions more effectively up the innovation pipeline and into the market.

This analysis of the real challenge facing the UK, which I assume to be the Government’s settled view, chimes with things we have heard today and for many years about the UK’s shortcomings. That goes something like: “We are good at inventing things but poor at turning those inventions into thriving businesses that deliver future prosperity.” Yet one of the few things we do know about ARIA is that the “I” stands for invention, the very thing that we think is a national strength. Unlike the noble Lord, Lord Patel, who likes the word, a number of other Peers do not—my noble friend Lord Clement-Jones and the noble Lords, Lord Bethell and Lord Broers, are among them. I question whether it points the research organisation in the wrong direction. I know that it was the subject of an unsuccessful amendment in the Commons, and the Minister will shrug and say, “What’s in a name?” He will pledge that the organisation could operate throughout the technology readiness continuum. It could, but will it? If there was a mission statement, a purpose, and goals and measures, to some extent we would have a better idea, but what we actually have is a name that includes the word “invention”.

Along with the name, the budget is the other thing we know, but that is not what it seems either, because £300 million of the promised £800 million falls outside this spending review period and it falls in the next Parliament, over which this Government can claim no dominion. So, in reality, the budget is for a £500 million commitment for three years, yet the Bill emphasises the need for a long-term process and sets the 10-year minimum that we have heard about which the Secretary of State currently can kill using a statutory instrument. As one of your Lordships stated, the DPRRC is uncomfortable with this, and I am sure we shall discuss it in Committee.

Of course, there is more than one way to kill a research organisation. The Secretary of State of the day has the power to starve ARIA of funds. To create a long-term future, it requires multi-Parliament funding, and the best way to create long-term commitment to ARIA is to gain consensus across the political spectrum. If we all bought into this idea, its future would be much more easily assured. The issue around failure, which I think the noble Lord, Lord Kakkar, was wise to suggest, would also be easier to manage if there was a widespread political consensus.

But far from using this process to bring us into a big tent, the Government are erecting a “No entry” sign. Of course, I refer to the exempting of ARIA from the freedom of information obligations. That is wrong. We think that at least £800 million of public funds will be spent, and there needs to be some accountability. As my noble friend pointed out, DARPA submits itself to the US equivalent of FoI and it seems to have nothing to fear. Of course, in this country, the Information Commissioner’s Office is clear in its opposition. If the Minister wanted to engender mistrust and to sow seeds of suspicion about ARIA, I suggest this is one way he could go about doing it.

To enjoy a long-term future, ARIA needs the whole political spectrum to support it, but how can we support something when we do not know what it is and how it is going to do what it does? Why should we support something when the people proposing it seem determined to hide from us what it is actually doing?

This legislation could have been a chance to gain that necessary consensus, a chance for the Government to set out their stall and explain the role of ARIA, but the problem is that the Government do not know what ARIA is for. They have not made up their mind; they are waiting for someone else—the chief executive and the chair—to tell them what it is for. This was a chance to help put some of those pieces together.

I had the same word written down as the noble Viscount, Lord Stansgate: ARIA is an idea—an idea waiting for someone to decide what it is for. All the decisions taken to establish its role will happen after the debate on this Bill is finished. I would describe that as unacceptable; I look forward to Committee.

--- Later in debate ---

[Lord Callanan (Con)]

I am sure it was equally as good as the first half of his speech and that the Whip has taken careful note. It is a principle of our Committees that we try not to have the same speeches we got at Second Reading made again—a point most Members tend to ignore—so the noble Lord is well positioned to make a new contribution in Committee. Most other Members could perhaps take note of the excellent example that he will be setting them.

I also recognise the sentiment of the noble Lord, Lord Rees of Ludlow, that the setting up of UKRI was not that long ago in the grand scheme of things. With an £8 billion budget, UKRI has system-wide responsibilities and with this comes a certain operating model. I refer the noble Lord, Lord Fox, to Professor Leyser’s other comments, where she said at her select committee appearance that UKRI’s responsibility to make the whole system work sometimes makes it harder to do the wild experimental things.

In contrast, as enabled by Clause 3 of the Bill, which has been the focus of a number of contributions from noble Lords, it is ARIA’s mandate to do the experimental things and push the frontiers of science. To achieve this, it must have a streamlined structure and minimal bureaucracy. In response to the noble Lord, Lord Rees, this goes beyond what is possible or desirable under the legislative framework and governance arrangements in place for UKRI as the system’s core funding agency.

In reply to the question put by the noble Lord, Lord Fox, as part of any Parliament it is usual to review our partner organisations to ensure that they are successfully fulfilling objectives on the Government’s behalf. The independent review of UKRI to which the noble Lord referred began yesterday under the leadership of Sir David Grant, and it will be reporting to Ministers in due course.

The noble Lord, Lord Rees, also mentioned a very important point about how ARIA’s success will be measured without constraining creativity. There are is a key point I would like to put to the noble Lord here. One of the key features of the ARIA model is its hands-on approach to project management, with projects constantly being re-evaluated and reassessed. ARIA’s agility means that programmes can not only start quickly, but they can also be halted quickly too. ARIA should not be judged on projects that fail in the short term because that is the nature of high-risk research.

The noble Lord, Lord Kakkar, in one of his typically excellent contributions, asked about how ARIA can truly be risk taking as a government arm’s-length body. We will have both legislative and non-legislative mechanisms to enable ARIA to operate boldly and autonomously. Clause 3 in the Bill equips ARIA to give particular weight to the potential benefits of high-risk research in carrying out its functions—not just what research it funds, but how it funds it. We will also set out in a future framework document and other agreements, a unique and specific set of financial and non-financial arrangements to cut unnecessary bureaucracy and ministerial control from ARIA’s operations. I hope that will also allay the concerns raised by the noble Lords, Lord Patel and Lord Broers, on protecting ARIA from day-to-day political pressure. The independent review of research bureaucracy being led by Professor Adam Tickell will also consider bureaucracy from a system-wide perspective. Interim findings will be produced this autumn, and we are expecting a final report to follow in early 2022.

In terms of governance, the noble Lord, Lord Patel, asked who the senior Minister with responsibility for ARIA will be. As my noble friend Lord Patten helpfully reminded us, as a manifesto commitment ARIA is a priority for the Prime Minister and the Cabinet. The Bill provides a specific role for the Secretary of State and any delegation of ministerial responsibility would be at the Secretary of State’s discretion.

I move on to the decision to exempt ARIA from freedom of information requests, which was raised by a number of noble Lords: the noble Lords, Lord Clement-Jones, Lord Davies of Brixton and Lord Fox, and the noble Viscount, Lord Stansgate. I reassure the House that the decision to omit ARIA from the FoI Act has not been taken lightly. To create the extraordinarily lean operating system that I have spoken about, we have had to consider what the most appropriate mechanisms to assure transparency and accountability are within ARIA. I thank my noble friend Lady Noakes for her support on this. Together, robust arrangements are in place that will provide a clear picture to Parliament and taxpayers about how ARIA’s activities are funded and where it spends its money. So I politely refute the views of the noble Lord, Lord Fox, on this.

First, the Bill requires ARIA to submit an annual report and a statement of accounts, which will be laid before Parliament. Secondly, ARIA will be audited by the National Audit Office and will be the subject of value-for-money assessments. Thirdly, ARIA will interact with Select Committees of this House and the other place in the normal way. Finally, we will draw up a framework document, detailing ARIA’s relationship with BEIS and further reporting requirements, such as details of what is published in the annual report. It is also an important fact that other bodies subject to the FoI Act, such as universities and government departments —including my own, BEIS—will still process requests about their activities with ARIA in the usual way.

The noble Lord, Lord Clement-Jones, made a comparison to the number of FoI requests in DARPA. It is an interesting fact that, when making an FoI request in the US, requesters are required to consider paying applicable fees of up to $25—I think that that is an excellent idea. If requests are expected to exceed this cost, the requester is notified to agree additional payment. While fee waivers or reductions can be granted in certain circumstances, there is not a like-for-like comparison to the FoI process in the UK, where, as I am sure the noble Lord will be aware, we get hundreds of what I call “sweeping requests” from people fishing for information when they are not really sure what they want but think that there might be something there, so they pour in FoI requests. Therefore, it is not right to assume that ARIA will receive a similar amount of FoI requests to DARPA.

The noble Lords, Lord Clement-Jones and Lord Fox, and my noble friend Lord Borwick asked about whether the Government will publish the framework document during the passage of the Bill. I should be clear that the framework document will not set a vision or strategy for ARIA—as I have said, that is for the organisation itself. It is a governance document that will follow the Treasury’s standard template and set out the role of BEIS as ARIA’s sponsoring department, its accountability, decision-making and financial management. Given the nature of its content, the framework document must be agreed with ARIA’s senior leadership, for which we are still recruiting. We are therefore not able to publish a draft framework document at this stage, but I would like to reassure the House that I will do so as soon as I am able to.

I thank the noble Baroness, Lady Chapman, for her general support, from the Opposition’s point of view, for the Bill. She rightly asked about the provisions in the Bill to exempt ARIA from public contract regulations and how we assure the appropriate propriety. We have provided a non-legislative commitment for an independent internal auditor to report on ARIA’s procurement activities, demonstrating transparency and good governance. ARIA’s framework document, which I just referred to, will also set out the expectations for conflict-of-interest procedures, in line with practice across government. I thank my noble friend Lord Borwick for his thoughtful comments on this. However, as a further safeguard, Schedule 1 provides the Secretary of State with the power to set out a procedure in legislation should it be required in the future. We will bring forward draft regulations for this power, for illustrative purposes, as the Bill goes through the House.

The noble Lord, Lord Davies of Brixton, and my noble friends Lady Noakes and Lord Patten asked about how we attract these high-risk ideas and the exceptional people who will pursue them, or, as the noble Viscount, Lord Stansgate, eloquently put it: today’s Alan Turing or Barnes Wallis. The recruitment campaign for the CEO launched on 1 June and will aim to conclude in the coming weeks. We are looking for the ability to provide inspiring leadership to high-performing teams.

In response to my noble friend Lord Borwick, we will soon be launching campaigns for the chairman and other non-executive members through an open and fair ministerial appointments process so that we are able to recruit the right talent to work alongside the CEO as a complementary leadership team. We recognise the need to ensure a competitive salary for this position and are in discussions with the Treasury. I will update the House as appropriate.

I welcome the considered contributions from my noble friend Lord Lansley, the noble Lord, Lord Kakkar, and the noble Viscount, Lord Stansgate, on the Haldane principle and ARIA’s use of peer review. It is right that at its core this is about scientists judging ideas on their merits, and that is at the heart of ARIA’s approach. However, the concept that funding proposals should be assessed by peer review is embedded within the Haldane principle, and I agree that that will not always be appropriate for ARIA, which will have an innovative approach to funding and will seek to empower exceptional scientists to start—and stop—projects quickly.

The noble Lord, Lord Patel, asked about research cost sharing, by which I assume he means with universities. We are considering the appropriate arrangements for funding research projects in universities to ensure both that they are properly costed and that those costs are met to enable transformative scientific research. Details on expectations for ARIA in that regard will be set out at a later date.

My noble friend Lord Borwick queried the definition of “property” in Clause 2. The Bill uses the definition “that which a person owns”. In exercising its functions, ARIA may acquire and own both physical property and intangible property, such as intellectual property. “Restoration” means “to return”, so ARIA can own a piece of research equipment that it can loan out on the condition that it is returned to ARIA within a specific timeframe. I hope this clarifies the issue for my noble friend and that he agrees that an amendment is therefore unnecessary.

[Lord Fox (LD)]

I do not wish to labour the property point, but if ARIA is not doing research then I do not understand why it would own research equipment. Sorry, I am confused.

[Lord Callanan (Con)]

It can fund the purchase of a piece of research equipment, which ARIA then owns, and it can loan it out on the condition that it is then returned within a specific timeframe. I am not quite sure why the noble Lord is confused but perhaps we can return to this issue in Committee.

I have tried my best to address most if not all of the points that have been made today. I am sorry to detain the House at such a late hour but I am deeply encouraged by its general support, albeit with some reservations, for the dedicated funding of high-risk research. I look forward to continued engagement with all sides as we progress the Bill through the House. I therefore commend the Bill to the House and beg to move.