Data (Use and Access) Bill [HL]

Lord Markham Excerpts

Committee stage
Tuesday 10th December 2024 Grand Committee

[Lord Holmes of Richmond (Con)]

My Lords, it is a pleasure to take part in today’s Committee proceedings. In doing so, I declare my technology interests as set out in the register, not least as adviser to Socially Recruited, an AI business.

I support the noble Viscount, Lord Colville, in his amendments and all the other amendments in this group. They were understandably popular, to the extent that when I got my pen out, there was no space left for me to co-sign them, so I was left with the oral tradition in which to reflect my support for them. Before going into the detail, I just say that we have had three data Bills in just over three years: DPDI, DISD and this Bill. Over that period, though the names have changed, much of the meat remains the same in the legislation. Yet, in that period, everything and nothing haschanged —everything in terms of what has happened with generative AI.

Considering that seismic shift that has occurred over these three Bills, could the Minister say what in this Bill specifically has changed, not least in this part, to reflect that seismic change? Regarding “nothing has changed”, nothing has changed in terms of the incredibly powerful potential of AI for positive or negative outcomes, ably demonstrated with this set of amendments.

If you went on to Main Street and polled the public, I believe that you would get a pretty clear understanding of what they considered scientific research to be. You know it. You understand why we would want to have a specified definition of scientific research and what that would mean for the researchers and for the country.

However, if we are to draw that definition as broadly as it currently is in the Bill, why would we bother to have such a definition at all? If the Government’s intention is to enable so much to come within the perimeter, let us not have the definition at all and let us allow to continue what is happening right now, not least in the reuse of scrape data or in how data is being treated in these generative AI models.

We have seen what has happened in terms of the training, but when you look at what could be called development and improvement, as the noble Viscount has rightly pointed out, all this and more could easily fit within the scientific research definition. It could even more easily fit in when lawyers are deployed to ensure that that is so. I know we are going to come on to rehearsing a number of these subjects in the next group but, for this group, I support all the amendments as set out.

I ask the Minister these two questions. First, what has changed in all the provisions that have gone through all these three iterations of the data Bill? Secondly, what is the Government’s intention when it comes to scientific research, if it is not truly to mean scientific research, if it is not to have ethics committee involvement and if it is not to feel sound and be defined as what most people on Main Street would recognise as scientific research?

[Lord Markham (Con)]

I start by apologising because, due to a prior commitment, I am not able to stay for many of the proceedings today, but I see these groupings and others as critical. In the few words that I will say, I hope to bring to bear to this area some of my experience as a Health Minister, particularly in charge of technology and development of AI.

I can see a lot of good intent behind these clauses, to make sure that we do not stop a lot of the research that we need. I was recently very much involved in the negotiation of the pandemic accord regarding the next pandemic and how you make sure that any vaccines that you develop on a worldwide basis can be distributed on a worldwide basis as well. One of the main stumbling blocks was that the so-called poorer countries were trying to demand, as part of that, the intellectual property to be able to develop the vaccines in their own countries.

The point we were trying to make was that, although we could see the good intentions behind that, it would have a real chilling effect on pharmaceutical companies investing the hundreds of millions or even billions of pounds, which you often need with vaccines, to find a cure, because if they felt that they were going to lose their intellectual property and rights at the end, it would be much harder for them to justify the investment up front.