HL Deb 23 July 2002 vol 638 cc214-6

10 After Clause 3, insert the following new clause—

"Academic freedom

  1. (1) Unless any form of restriction is permitted under or by virtue of any other Act, or is required by any international treaty obligation of the United Kingdom or a Directive of the Council of the European Community, an order made under section 2 or 3 of this Act may not impose any control on—
    1. (a) any information already in the public domain anywhere in the world (whether or not it is the subject of any patent, copyright, or other form or protection for intellectual property);
    2. (b) the placing of any information in the public domain by publication orally or in writing or electronically (including for the purposes of a patent, copyright or other form of protection of intellectual property); or
    3. (c) the transfer of any information orally or in writing or electronically in the ordinary course of academic teaching or research unless the person placing or transferring the data knows or ought to have known— 215
      1. (i) that such information is or may be intended for use in connection with the development, production, handling, operation, maintenance storage, detection, identification or dissemination of chemical, biological or nuclear weapons or other nuclear explosive devices or the development, production, maintenance or storage of missiles or other unmanned vehicles or other devices capable of delivering such weapons, or
      2. (ii) that such information is military technology.
  2. (2) Nothing in this section affects
    1. (a) the powers of the Comptroller-General under section 22 of the Patents Act 1977 (c. 37) (secrecy directions) or any statutory modification or re-enactment thereof, or
    2. (b) any obligation imposed by any other enactment or at common law relating to the secrecy of official information.
  3. (3) Nothing in subsection (1) restricts the application of transfer or technical assistance controls to the transfer of any information to a person who, or a place which, is outside the European Community by a person who knows or ought to know that the information in question is or may be intended for use in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or other nuclear explosive devices or the development, production, maintenance or storage of missiles or other devices capable of delivering such weapons.
  4. (4) Where any directly applicable Community provision imposes any controls on the transfer of technology or on participation in the provision of technical assistance, it shall be the duty of the Secretary of State to exercise such powers as he or she may have under that provision to grant such individual, global or general licences as may reasonably be required to secure that the activities excluded from control by subsection (1) may be carried out under one or more of such licences."

The Commons disagreed to this Amendment for the following Reason— 10A Because Lords Amendment No. 16 makes more appropriate provision.

Lord Sainsbury of Turville rose to move, That this House do not insist on their Amendment No. 10 to which the Commons have disagreed for their reason numbered 10A, but do agree the following amendments in lieu thereof—

10B After Clause 6, insert the following new clause—

"Protection of certain freedoms

  1. (1) The Secretary of State may not make a control order which has the effect of prohibiting or regulating any of the following activities—
    1. (a) the communication of information in the ordinary course of scientific research,
    2. (b) the making of information generally available to the public, or
    3. (c) the communication of information that is generally available to the public,
    unless the interference by the order in the freedom to carry on the activity in question is necessary (and no more than is necessary).
  2. (2) The question whether any such interference is necessary shall be determined by the Secretary of State by reference to the circumstances prevailing at the time the order is made and having considered the reasons for seeking to control the activity in question and the need to respect the freedom to carry on that activity;"

10C Leave out new Clause (restrictions on publishing information or communicating published information)

The noble Lord said My Lords, I have already spoken to these amendments. I beg to move.

Moved, That the House do not insist on their Amendment No. 10 to which the Commons have disagreed for their reason numbered 10A and do agree with Amendments Nos. 10B and 10C in lieu thereof.—(Lord Sainsbury of Turville.)

On Question, Motion agreed to.