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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—
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.
(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);
(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
(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—
(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
(ii) that such information is military technology.
(2) Nothing in this section affects
(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
(b) any obligation imposed by any other enactment or at common law relating to the secrecy of official information.
(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) 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—
10ABecause Lords Amendment No. 16 makes more appropriate provision.
10BAfter Clause 6, insert the following new clause—
"Protection of certain freedoms
(1) The Secretary of State may not make a control order which has the effect of prohibiting or regulating any of the following activities—
(a) the communication of information in the ordinary course of scientific research,
(b) the making of information generally available to the public, or
(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) 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;"
10CLeave out new Clause (restrictions on publishing information or communicating published information)
13Leave out Clause 5 and insert the following new clause—
"General restriction on control powers
Lord Sainsbury of Turville: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 13A to Lords Amendment No. 13. I have already spoken to this amendment.
Moved, That the House do agree with the Commons in their Amendment No. 13A as an amendment to Lords Amendment No. 13.—(Lord Sainsbury of Turville.)
On Question, Motion agreed to.
(1) Subject to section (Academic freedom) and section (Exceptions from the general restriction), the power to impose export controls, transfer controls, technical assistance controls or trade controls may only be exercised where authorised by this section.
(2) Controls of any kind may be imposed for the purpose of giving effect to any Community provision or other international obligation of the United Kingdom.
(3) In subsection (2) "international obligation" includes an obligation relating to a joint action or common position adopted, or a decision taken, by the Council under Title V of the Treaty on European Union (provisions on a common foreign and security policy).
(4) Export controls may be imposed in relation to any description of goods within one or more of the categories specified in the Schedule for such controls.
(5) Transfer controls may be imposed in relation to any description of technology within one or more of the categories specified in the Schedule for such controls.
(6) Technical assistance controls may be imposed in relation to any description of technical assistance within one or more of the categories specified in the Schedule for such controls.
(7) Trade controls may be imposed in relation to any description of goods within one or more of the categories specified in the Schedule for such controls."
The Commons agreed to this amendment with the following amendment—
13ALine 3, leave out "section (Academic freedom) and"
17Before Clause 7, insert the following new clause—
"Guidance about the exercise of functions under control orders
Lord Sainsbury of Turville: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 17A to Lords Amendment No. 17. I have already spoken to these amendments.
Moved, That the House do agree with the Commons in their Amendment No.17A as an amendment to Lords Amendment No. 17.—(Lord Sainsbury of Turville.)
(1) This section applies to licensing powers and other functions conferred by a control order on any person in connection with controls imposed under this Act.
(2) The Secretary of State may give guidance about any matter relating to the exercise of any licensing power or other function to which this section applies.
(3) But the Secretary of State must give guidance about the general principles to be followed when exercising licensing powers to which this section applies.
(4) Where—
(a) the description of thing being controlled is within one or more of the categories mentioned in the Schedule; or
(b) the activity being controlled could have one or more of the possible consequences that are of a kind mentioned in the Table in paragraph 3 of the Schedule, the guidance required by subsection (3) must state that regard shall be had, when exercising such powers, to—
(i) issues relating to sustainable development; and
(ii) issues relating to any possible consequences of the activity being controlled that are of a kind mentioned in the Table in paragraph 3 of the Schedule; but this subsection does not restrict the matters which may be addressed in guidance.
(5) Any person exercising a licensing power or other function to which this section applies shall have to any guidance which relates to that power or other function.
(6) A copy of any guidance shall be laid before Parliament and published in such manner as the Secretary of State may think fit.
(7) In this section "guidance" means guidance stating that it is given under this section.
(8) The consolidated criteria relating to export licensing decisions announced to Parliament by the Secretary of State on 26th October 2000 shall (until withdrawn or varied under this section) be treated as guidance which—
(a) is given and published under this section; and
(b) fulfils the duty imposed by subsection (3) in respect of any export controls and transfer controls which may be imposed in relation to goods or technology of a description falling within paragraph 1 or 2 of the Schedule."
The Commons agreed to this amendment with the following amendment—
17ALine 12, leave out from beginning to end of line 18 and insert, "The guidance required by subsection (3) must include guidance about the consideration (if any) to be given,"
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