Advanced Research and Invention Agency Bill

Baroness Chapman of Darlington Excerpts

Committee stage
Wednesday 17th November 2021 Grand Committee

[Lord Broers (CB)]

My Lords, I shall make just a few comments. I declare my interests, as I did on Second Reading. I spent most of my active life, 40 or 50 years, doing things that ARPA was doing—that we were doing in IBM in the United States—and I have spent more recent years working with the Queen Elizabeth prize and now with the Draper Prize of the National Academy of Engineering of the United States. I declare my membership of that academy, the Chinese academy and the Australian academy, as well as the royal academy here.

The noble Lord, Lord Willetts, raised a lot of cogent points, but the mission of ARIA—I wish “Invention” was replaced by “Innovation”, but that is a small point —must be, to distinguish it from UKRI, to take projects all the way through until they are fully implemented, fully available for people to use, commercially sensible and affordable, and to solve an important problem. A lot of what UKRI does is the essential discovery and understanding of how the world works, and these things should be different.

One thing is very much in common: you need creative people. In ARIA you probably need creative engineers—there will be scientists as well; most of these things are mixed—and creative engineers are no different to creative musicians or creative artists. They do not like being told what to paint, what to compose, how to compose or how to paint. That would turn them all away.

I test my credibility by quoting Donald Rumsfeld. ARIA is all about “unknown unknowns”. I have been sitting down for the last two hours reading all these amendments; we are trying to tie down ARIA so that we understand what it will do, when it will do it, how often it will report on doing it and everything else. That is not what we are trying to create. We will destroy the thing before we ever give birth to it.

I support these amendments, because the challenge that the noble Lord, Lord Ravensdale, has come up with, and others have supported, is the climate problem. That is huge and wide. I do not think it is a constraint that will really trouble creative people at the moment. In fact, I have met a lot of people who are very successful in one field of research and have abandoned that and moved into the field of climate and what they can do about it, because they feel that is the best place to apply their creativity and intellect. I urge the Minister and everybody who will take this through: let us not strangle the poor thing before it begins.

[Baroness Chapman of Darlington (Lab)]

My Lords, it is a pleasure to follow the noble Lord. He is completely right when he says that climate is a broad enough canvas on which people can paint. Broadly speaking, I do not mind painters and artists painting whatever they like, whenever they like, on whatever they like—if I am not paying for it. But we are paying for this, and it is not unreasonable for us to say that we would like ARIA to turn its attention primarily to the climate emergency, the very thing that is threatening our existence on this planet. That is a sufficiently exciting challenge to set ARIA.

The noble Lord, Lord Lansley, was very persuasive and I understand the attraction of allowing maximum freedom, but the risk is that it becomes directionless. For a quite small organisation, as ARIA is, that is a risk, so my view is that ARIA needs a core mission.

The Government want ARIA to have maximum flexibility and be able to back projects as it sees fit, free of any political interference or unnecessary bureaucracy. The noble Lord, Lord Willetts, explained very well how deadening that could be. We certainly have no wish to enter into the kind of situation he described, but a research focus or a mission could be achieved without that risk. He said that no one could have set out to achieve the moon landings without being able to look back and build on existing technology. That is completely right, but we do not have the luxury of that at this moment. We have a very real, immediate risk that we need to address, which is why we favour making the mission one of climate.

We all want ARIA to succeed. This is quite a good Bill from a cross-party working point of view because we all want it to work, but asking the board to come up with its own mission—or, even worse, not having a mission at all—would not assist ARIA and could set it up with a weakness, or even to fail. We all need direction, purpose and a sense that what we are doing is contributing to a greater good, so telling ARIA to back any scientific research and to do what it sees fit would be a mistake. The board will anyway spend its first few months deciding how it is going to make decisions. We are not attempting to tell it how to do that, but it would have no framework or sense of the UK’s priorities, and I just do not think that is necessary. It would be a mistake and, if we corrected it, that would not diminish ARIA in any way; in fact, it would be strengthened.

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[Lord Fox (LD)]

My Lords, I am now going to indulge in some groupthink by agreeing with the last speaker and the noble Baroness, Lady Noakes. The Government fail to take her advice on corporate governance at their peril. All her amendments are sensible and ones that I hope the Minister, who clearly will not endorse them today, will be able to take away, think about and maybe amend a little to put the Government’s thumbprint on them. I suggest that it would be helpful to look at them seriously.

Amendments 5 and 7, as we have heard from the noble Lord, Lord Lansley, seek to inculcate the House of Commons Select Committee into the appointments process, at least at some point within it. Noble Lords will see, later on in the Bill, that Amendment 32 also seeks to carve out an ongoing role for that Select Committee. Clearly, if I were to stand by Amendment 32, Amendments 5 and 7 would also make a lot of sense, in that they will be there at the beginning.

It may be out of kilter or otherwise, but this set of amendments really looks at the membership and members of the board. I have a quick query, which may just be me getting things confused. The Minister kindly sent around the draft of the SI on conflicts of interests. Of course, this may come in when we come to talk about the fourth group of amendments. It refers to “members” throughout, and I am not clear what a member of this organisation is, which made me think that I am not actually clear what the legal structure of this organisation is. I think there is some work to do to help me—if no one else—through. Is this an incorporated association? Is it a company limited by guarantee? What is it? Until we know that, some of the other things that we need to discuss will become very difficult.

[Baroness Chapman of Darlington (Lab)]

My Lords, I will quickly put on record our position on this. I am also fascinated to find out why this issue of the Chief Scientific Adviser is there. I can imagine why, and I am speculating as to why, but I would like to know what the Minister had in his head in proposing that.

I put on record our support for Amendments 5 and 7 in particular. One of the themes from us on this Bill is about trying to enhance democratic engagement with ARIA—not control or oversight, but we think that there is space for some engagement there.

[Lord Davies of Brixton (Lab)]

At Second Reading I raised the appointment of the chair and the chief executive by the Government. Can the Minister make clear that these appointments will be subject to the normal code of practice, or whatever exactly it is called, for public appointments? Will it be subject to the same process as the majority of public appointments?

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I accept that the Government have tabled amendments later which relate to this, but noble Lords will be aware that they have been laid rather later than the amendments in this group. The contents of the promised MoU—although the promise is extremely welcome—are so far unknown. I will listen to the Minister with great interest. I hope that either now or on another day, she will explain to us in some detail what the government amendments are intended to do. I hope they will cover many of my concerns. I beg to move.

[Baroness Chapman of Darlington (Lab)]

It is a pleasure to follow the noble Baroness. I have a lot of sympathy for what she says and would be very happy to support her proposal. I will speak briefly to Amendments 9, 23, 29, 33 and 34 in my name. Trying to make sure that efforts to address regional inequality run through everything the Government do is a bit of an obsession for us. We know that investment in science brings prestige to local areas and supports quality jobs when projects succeed. It is a source of immense local pride.

Amendment 4, moved by the noble Baroness, Lady Randerson, requires representation from the devolved Administrations of Wales, Scotland and Northern Ireland. I completely understand where she is coming from. We are very keen to nail down in some way through the Bill a commitment to ensure that there is representation and fairness across regions. ARIA should be mindful of regional inequality when making its decisions, including, importantly—the Minister might comment on this—where it chooses to base itself. When she sums up at the end, can the noble Baroness indicate whether she has had any discussions with the Welsh Government or in Scotland about how they feel about taking part in the way she proposes? Are they seeking to do that? Has she thought about including some of the English regional mayors, who might also have a role to play?

I can sense the Minister thinking, “Oh my goodness, what are you trying to do to my new agency?”, in involving all these people, but the point we are trying to make is that this cannot have an ivory tower attitude. It needs to take its responsibility to the prosperity of the entire UK, as all government agencies should, very seriously. One way or another, we need to do everything we can to make sure that what the Government would call levelling up runs through everything they do, including ARIA. This is not just about special projects which can be promised and then quite easily taken away; this needs to be a golden thread that runs through this agency and others.

This is not just about the north-east, although it is certainly very important for the north-east. Every region ought to expect that it will benefit from the creation of ARIA. Where I come from, in the Tees Valley, we have a particular talent for oil, gas and energy, and we are starting to specialise in renewables. The benefits of ARIA’s activity could support not just existing ventures but the development of skills in those fields.

My Amendment 9 would allow ARIA to establish committees in specific regions of the UK. I have tabled it to reflect the importance of considering the benefits to regions of ARIA’s activities. Amendment 23 adds to the list of ARIA’s functions so that, as well as

“contributing to economic growth, or an economic benefit, in the United Kingdom,”

as it says in Clause 2(6)(a), it should

“have regard to the desirability of … increasing prosperity across each region of England, Scotland, Wales and Northern Ireland”.

I do not really understand why the Minister would not want to include that.

Amendment 29 would allow the Secretary of State to stipulate that certain grants must be used to support activity in particular regions. I am aware that that would definitely fall into the category of interference from politicians but sometimes, unless we tease this out and put on the record how important these issues are to us, they can become less important and be missed.

Amendment 33 would establish an advisory board to ensure that ARIA supports the reduction of inequalities between each region and nation of the UK. The point I really to make through Amendment 34 is that ARIA should measure and report on what it is spending by region, which is not an unusual request. I accept that this does not have to be in the Bill, but I would like to know what the Minister thinks about it and whether he would be prepared to agree that ARIA should share information in this format. When the annual report is published, readers could obviously do their own analysis and work out what has been spent in which region. However, I think we have learned from reporting on gender and other issues that if something is measured and required to be reported on, it is seen as important and as a priority, and that then flows through into decision-making. I just want to test what the Minister thinks about these proposals in general, if not any of the specific amendments. This is an issue that we will want to return to on this Bill and others as well.

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Moved by

[Baroness Chapman of Darlington]

11: Schedule 1, page 9, line 35, at end insert—
“(aa) produce a value for money study, and”Member’s explanatory statement
This amendment would ensure that the National Audit Office produces a value for money study of ARIA.

[Baroness Chapman of Darlington (Lab)]

I think this set of amendments really gets to the meat of our concerns. These amendments are all about transparency and the ability to scrutinise what ARIA does. I am pretty confident that we will return to this as the Bill progresses.

I will quickly run through the six amendments in my name in this group. Amendment 11 requires the NAO to produce

“a value for money study of ARIA.”

Since tabling this, I have spoken to the noble Lord, Lord Morse, who unfortunately has had to leave us. He says that this can be incorporated into the usual audit. Can the Minister confirm this? In that case, I would be very happy to agree that this amendment would not be necessary.

Amendment 12 would ensure that the annual report includes

“a list of all projects supported in the financial year.”

This is the least we should be asking for. I thank the Minister for providing a draft SI that would require members of ARIA to disclose any relevant interests. That is helpful and welcome, but I am not quite sure what his sending it means. I note that he said in the email accompanying it that it is for illustrative purposes, so I do not quite understand what he is saying. Will members of ARIA be required to register their interests or not? Either way, without a published list of supported projects it is not possible to tell whether any published interest—if that is what the Minister is proposing; I am not sure that is what he is saying—conflicts with a decision of ARIA. We need to be able to make sure that it does not.

Amendment 13

“would ensure that the annual report includes whether any funds have been given by ARIA to companies which list members of Parliament in their company registers.”

Given recent events, it is probably obvious to noble Lords why this amendment has been tabled. We are keen to ensure that parliamentarians do not lobby for companies in which they have an interest and which then become beneficiaries of grants from ARIA. It is very obvious why we want to do that at this point. I accept that the register could be cross-checked with the list of grants awarded but it is far more transparent and straightforward if the existence of any recorded interest could be highlighted in the report that ARIA makes itself. I assume it would be helpful to the board of ARIA too to be aware of any such interests so that it can take them into account and assure itself that the proper processes are being followed.

Amendment 14 would ensure that the annual report includes whether any funds have been given by ARIA to companies listed in the Electoral Commission’s register of donations and loans to political parties. Similarly to the last amendment, this one would help ARIA to assure itself that no lobbying or purchasing of influence could possibly have taken place.

Amendment 15 would ensure that a Minister of the Crown must make a Statement to both Houses of Parliament on its annual report. This is important because, as we said on the first group of amendments, MPs and Peers would be interested in a project supported by the public purse. Ministers should see this as an opportunity to promote the work of ARIA and to celebrate the inventions and research projects made possible by the agency. Of course, there are bound to be awkward questions—when are there not?—arising from projects that have not worked. But Ministers should not worry about that, as they can argue that the risk is built in, that Parliament has agreed and understood, that many ideas will fail, at least initially, and that we have supported that approach. We want adventurous research, but many of us want to know what is being done. That is because we are curious, supportive and interested in this area of activity, and we want a chance to discuss it.

I shall leave the noble Lord, Lord Ravensdale, to speak on his Amendment 16, but I indicate our support for that as well. Developing an environmental and social governance strategy is a really good idea and may address many of the concerns that I have had previously about regional inequality. ARIA is in any case going to have to devise a decision-making process and criteria to help it make its decisions, so an environmental and social governance strategy could be very helpful, I imagine, in teasing out a means by which ARIA can ensure maximum benefits in relation to our desire to combat climate change and reduce regional inequality. We would be very happy to support that.

[Lord Ravensdale (CB)]

My Lords, I shall speak to Amendment 16 in my name. I thank the noble Lord, Lord Browne, for his support with this amendment and the noble Baroness, Lady Chapman, for the support she indicated.

This amendment is closely related to the sustainability amendments that I discussed in the first group. The arguments made there on alignment of ARIA with these objectives apply, so I shall not repeat them here. It simply calls for ARIA to develop its own environmental, social and governance strategy to consider the impacts of the exercise of its functions and the projects that it funds. It is another means of embedding climate and sustainability considerations in the organisation, alongside my Amendments 1 and 26 and Amendment 21. It would allow the board of ARIA to consider its own strategy for alignment with environmental and climate goals, so it is consistent with the other amendments.

Embedding sustainability goals in the governance structures of organisations is increasingly important to ensure that organisations consider the impact of their operations and set clear and measurable goals. That ties into a point that I made earlier about considering environment and net zero as a system: there is a need to embed climate considerations across all companies and all public bodies to ensure that our overall goals are met.

ESG strategies are increasingly common across public and private companies, as noble Lords will be aware. I note that other government-created bodies are developing ESG strategies. For example, the Financial Conduct Authority has recently published an ESG strategy, and the national infrastructure bank has a requirement to develop an ESG strategy in its framework documents. Bringing ARIA in line with other government organisations would again ensure consistency and its playing its part in the principal strategic goal of the nation.

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Combined, these reporting and accountability measures provide Parliament with the opportunity to appropriately discuss and scrutinise ARIA’s use of public funds. I hope, therefore, that I have provided sufficient reassurance to noble Lords that it is not necessary to pursue these amendments.

[Baroness Chapman of Darlington (Lab)]

I thank the Minister for what he said, but if he thinks that this is some short-lived political campaign on my part, he is mistaken. The issues of the potential for conflict of interest and the need to protect ARIA from accusations of cronyism were raised in the other place before the Summer Recess and they are certainly not a reaction to the current crisis in which the Government find themselves, but we cannot pretend that that is not happening. I fear that the Government have not shown themselves in the best light this in recent days or weeks, and we feel that these protections are needed for the benefit of ARIA. This is not about making a political point or having a go at the Minister or the Government at all; it is about protecting something that we all sincerely hope works and changes lives in this country. That is what we are about here. If I thought that the assurances that the Minister just gave were sufficient, I would certainly be happy not to return to this. Of course, I withdraw the amendment for today, but we will be coming back to this.

Amendment 11 withdrawn.

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[Baroness Noakes (Con)]

My Lords, I beg to move Amendment 17 and shall speak also to Amendment 20 in this group. These are probing amendments designed to explore the extent of the powers given to ARIA by virtue of paragraph 17 of Schedule 1. Sub-paragraph (1) of paragraph 17 says that ARIA can pretty well do what it likes, and this is expanded by some particular powers in sub-paragraph (2). The two I have focused on in my amendment are sub-paragraph (2)(a), which says that ARIA may borrow money, and sub-paragraph (2)(d), which allows ARIA to form and participate in partnerships and joint ventures.

My concern is that these powers will be used to create liabilities for the state and hence, ultimately, for taxpayers, beyond the resources that we were led to believe would be devoted to ARIA. As I remarked on Second Reading, there is a world of difference between placing a bet of £500 million or £800 million and underwriting someone else’s credit card. In the former case, there is the hope of winning very much more than the initial £500 million or £800 million, although, obviously, the possibility of losing the lot. In the latter case, there is the possibility of an unlimited amount of additional money being needed if the funds raised by the borrower failed to produce any return.

ARIA will be a public sector body in every sense of the term. It gets its money from the Treasury, it is subject to public sector audit and accountability arrangements and its key personnel are appointed by and paid in accordance with the directions of the Secretary of State. It is always accepted that the state stands behind public sector bodies. That has been the case for as long as I can remember. If they fail, their liabilities are underwritten by the state. That is why there is usually a raft of controls placed on those bodies, including restrictions on the power to borrow money. The Treasury has an obvious interest in ensuring that public sector bodies do not create uncontrolled demands on public finances and, as a public sector body, ARIA’s borrowing will, I believe, automatically score as public sector borrowing. Will the Treasury really allow that to happen without controls?

I have focused on the borrowing power in sub-paragraph (2)(a), but my comments apply also to the ability to participate in partnerships and joint ventures, which are often structured in a way that means liabilities can be left with one of the parties to the venture. Private-sector counterparties would be queueing up to enter into arrangements which could possibly leave the state with the requirement to pick up the bill for failure. Similar dangers also apply in relation to companies which are allowed to be formed under sub-paragraph (2)(e), but I failed to table its deletion for today’s debate. I am not against partnerships, companies or joint ventures; they all have a part to play in working with private sector organisations. What I am against is the ability of ARIA to enter into arrangements that impose potential financial burdens on government finances without any controls or consents being required.

As it stands, Schedule 1 might allow some ex post interventions once the Secretary of State became aware of things that cause financial concerns beyond the initial amounts of money committed to ARIA—£500 million by the end of this Parliament—but the main tool he has is an extremely blunt instrument because it is related to replacing the members of the board. Even here he is restricted, as under paragraph 6(3) he can sack non-executive members of the board on any grounds he “considers appropriate” but, to get rid of an executive member, his power under paragraph 5(2) is restricted to grounds of “national security”. The real villains are more likely to be the executives than the non-executives, but the Secretary of State’s powers to deal with those individuals are, perversely, concentrated on the non-executives.

The notes given to noble Lords on this side of the Committee for today’s groupings said that my amendments would limit ARIA’s novel funding mechanisms. That gives an insight into what these powers are about. They are positively designed to allow ARIA to go beyond the resource envelope that has been announced for it. Calling funding “novel” might sound progressive, innovative and all those good things that ARIA is said to be focused on, but to those of us who have been around financing for rather a long time, it just sounds like another way of doing things to get around rules and restrictions. That would be okay if there were not ultimately recourse to public funds, but the Bill does not require borrowing to be on a non-recourse basis. It leaves public finances at risk to an unspecified degree.

I look forward to hearing from my noble friend how she thinks this very real risk will be managed in practice and how the Government have concluded that ARIA’s powers are compatible with sound public finances. I beg to move.

[Baroness Chapman of Darlington (Lab)]

My Lords, I support the noble Baroness, Lady Noakes. I had not had the pleasure of hearing from her at such length as we have today, and I am very impressed by her contributions. The issue of borrowing money is a concern. There is clearly the potential for financial risk but also significant reputational risk when a level of borrowing might emerge that may seem unduly risky. I am concerned about that and interested in what the Minister will say to prevent that concern doing any damage to ARIA.

[Lord Fox (LD)]

My Lords, rarely have I got to the end of a speech by the noble Baroness, Lady Noakes, and been crying out for more. On her second amendment, I wanted to know what she had against partnerships and joint ventures. I do not think there was a clear under -standing as to why that is a particular concern, given that many research processes go ahead collaboratively as joint ventures, partnerships or co-projects. I am interested to know, because I am sure there is a good reason; I just do not know what it is. While we are talking about that amendment, I would be pleased if the Minister could confirm that, whatever relationship ARIA is putting together, the National Security and Investment Act applies. I assume that to be the case.