P Minutes of the 42nd meeting of the Advisory Panel on Public Sector Information Date: Time: Venue: 28 January 2014 11.00am – 12.30pm McKinsey & Company, 1 Jermyn St, London SW1Y 4UH Attendees: Chair Members Professor David Rhind Bob Barr Duncan Macniven Hilary Newiss Hugh Neffendorf Michael Jennings Neil Ackroyd Phillip Webb Keith Dugmore Michael Nicholson Paul Longley David Lammey Shane O‘Neill Bill Oates Expert Member Representative Member for Scotland Expert Member Expert Member Expert Member Expert Member Expert Member Expert Member Expert Member Expert Member Representative Member for Northern Ireland Expert member Representative Member for Wales Carol Tullo Director, Information Policy & Services, The National Archives Head of Standards, The National Archives Head of Information Policy, The National Archives Business and Policy Manager, The National Archives Secretary to APPSI (minutes) Nonmembers Marcia Jackson Jim Wretham Beth Brook Beth Watson 1.Welcome and Apologies 1.1. Apologies were received from Patricia Seex and Dean White. 1.2. The Chairman and other members congratulated Keith Dugmore on his being awarded an MBE in the New Year's Honours List for services to UK business. 2. Minutes of previous meeting and actions 2.1. The minutes were approved as an accurate record of the matters discussed (Paper 1). 2.2. Outstanding actions from the previous meeting: ACTION: Chairman to ask Sir Mark Walport and the National Statistician to a future APPSI meeting. Status: Ongoing. 1 ACTION: Members to provide comments on APPSI's strengths and achievements to date. Status: Complete. The 'Impact of APPSI' paper has been published on the website. ACTION: Hugh to inform members when the glossary is ready to be launched. Status: See item 5. ACTION: Members to consider the subjects suggested for working papers and where they may be able to contribute. Status: Ongoing. 2.3. Hugh Neffendorf informed members that the independent report on the feasibility of an Open National Address Gazetteer, which he had produced for the Department for Business Innovation and Skills (BIS), would be published within a few days. It would be open for comment for one month. 3. TNA update on current PSI issues 3.1. Carol Tullo reported on the current issues: PSI Directive Work is continuing on the transposition of the EU PSI Directive into UK legislation by the deadline of June 2015. The Government has committed to early transposition as the Directive aims to support the wider economy and its implementation forms part of the Government's policy on open data and transparency. TNA are managing the process and are working hard with key Government stakeholders and the devolved administrations. There are some issues where the Directive has left scope for member states to organise their own approaches, which the UK still needs to work through, in particular the setting up of an impartial review body to consider complaints. Carol explained that the UK's regime is seen as a good model, and preferable to that of some other member states where disputes move straight to the courts. However, any proposals regarding the regulatory regime will be included in the public consultation in May and it will be for Ministers to decide on the final approach. Members noted the possible impact of the 2015 general election on timing but Carol said that it was expected that it would be cleared by Cabinet, pass through Parliament and come into force ahead of the 2015 General Election. Triennial Review APPSI was due to undergo a triennial review and it had been expected that the announcement of the start of the review wold be made before the end of the financial year. However, it would be difficult for the review team to reach a decision on whether APPSI was still required, in its current or a modified form, before the outcome of the PSI Directive consultation was known. Therefore TNA's preferred option would be for the review to be deferred until the consultation had concluded and discussions with the Cabinet Office and Ministry of Justice are taking place. Balance of Competencies exercise The Ministry of Justice is currently drawing together plans and information for a Balance of Competences review on information rights. A call for evidence would be published shortly. Annual Report on PSI The UK Report on the Re-use of Public Sector Information 2013 was published on 31 October 2013. PSI Conferences Carol spoke at the Northern Ireland Executive's Open Data event on 7 November (see Annex A) She also attended the 18th meeting of PSI Officials Group in Luxembourg on 26 November where participants updated the other member states on recent PSI activity and progress on transposition of the PSI Directive. 2 Open Government Partnership (OGP) The OGP Summit took place at the end of October and saw the launch of the UK's OGP Action Plan. Creative Commons 4.0 The latest version of the Creative Commons Licences were launched in November 2013. The legal deed is shorter and the language used is simpler although still not as clear as the Open Government Licence. There is no longer any need to adapt the licences for use in other jurisdictions and they specifically cover sui generis database rights. The UK remains confident that the OGL is the appropriate licence for UK PSI and it is fully interoperable with CC4.0. Intellectual Copyright Consultations The National Archives is working with the Intellectual Property Office (IPO) on two consultation exercises, the IPO's own consultation on orphan works and the review of EU Copyright Rules. Complaints OPSI is currently tracking a number of complaints relating to the reuse of PSI. Its reports will be published in due course. IFTS verifications Since the last meeting the Met Office had been re-verified and the Health & Safety Laboratory had been accredited. A number of other organisations, including Ordnance Survey, the National Offender Management Service, UK Hydrographic Office, DSA, and DVLA, were expected to be re-verified over the next few months. A new business case had also been received from Public Health England. Data Sharing Bill The Cabinet Office is leading on this but there are complex issues to be resolved. While a draft bill is expected by Easter, the Chairman noted that the likelihood of this resulting in an Act is less certain than previously. Michael Nicholson observed that the current landscape is so complex that it is difficult to work out what things meant in practice. He wondered if it would be possible to publish any metrics that would assist public and private sector decision making on public task. Carol explained that there was guidance available on TNA's website and workshops were run for public sector stakeholders. However, there was work to be done making the guidance more visible and the PSI Directive transposing into UK law would provide a good opportunity to do this and to stress again organisations' responsibilities regarding the management of their information. 4. Update from the devolved administrations 4.1. David Lammey updated members on recent developments in Northern Ireland (see Annex A). Upon concluding his report, David noted that level of engagement in Northern Ireland had seen a remarkable change for the better from a couple of years ago. The Chairman thanked David for his advocacy of PSI issues. 4.2. Duncan Macniven updated members on recent developments in Scotland. He was pleased to report that Scottish statisticians were working towards 5-star accreditation and that there was a promise of greater linkage between data sets. However, progress had been slower and more piecemeal than the UK Government. The Scottish Government's focus was also shifting to concentrate on public interaction and online transactions rather than the publication of datasets. Since the last meeting there had been the creation of a .scot domain and a series of seminars were planned for stakeholders on the transposition of the PSI Directive. Shane O'Neill observed that there were some questions as to what was and what was not considered to be public data, and in particular the status of the Roads Commissioner. Michael explained that she is currently considered to be an individual and that the issue would be addressed under transposition. 3 4.3. Bill Oates updated members on recent developments in Wales. He said that there was currently a lack of engagement on PSI issues in general although there had been some encouraging progress with regard to particular datasets. He drew attention to those released under the 'My Local…' initiative which aimed to give the general public access to more data about their local services. He noted that an examination of the number of views these sites had would prove useful in identifying the drivers that encouraged people to engage with published datasets and in helping to decide what to prioritise in future. 'My Local School', for example, had had 25,000 views while 'My Local Health Service' had only had 5,000. 4.4. Bill was hopeful that the Digital Wales 2014 summit and the emergence of the Digital Wales Strategy would help to raise the profile of PSI issues in Wales. He was also pleased to report that a recent reorganisation of responsibilities at director level had seen the untangling of data protection and FOI. 5. The APPSI Glossary 5.1. Bob Barr explained that publication of the glossary had been delayed due to a lack of resources. It has therefore not yet been possible to give the final go ahead for publication although the developer had confirmed that the site is ready to launch subject to any final amendments. Once the current version is released, users will be able to suggest amendments to the proposed definitions. It is expected that a revised version would then be published later this year. Carol suggested that there may be the opportunity at a forthcoming meeting of the Transparency Board to raise the issue of resourcing and to push for a speedy release. 6. AOB 6.1. Members discussed Philip Webb's suggestion regarding the production of a brief 'child's guide' to current developments around PSI, including a legislative timeline. They agreed that it would be helpful in identifying areas that it would be useful to focus on and in ascertaining where action was possible and where it was not. 6.2. Carol noted that Heather Savory, Chair of the Open Data User Group (ODUG), had mentioned that ODUG may be undertaking some work on the legislative landscape. Members agreed that they would wait to see whether Heather raised this during the afternoon seminar. They would then discuss the issue further at the next meeting and agree whether APPSI was best placed to take the proposal forward, possibly by setting up a working group. 6.3. As an example of an issue that would benefit from inclusion in such an overview, Hilary drew attention to the on-going discussions around intellectual property and third party rights. 6.4. Michael Nicholson also observed that there are currently several imminent EU directives related to PSI and data protection. Given the tendency of the EU administration to work in silos, it was not clear to what extent any apparent contradictions between the various directives were being identified or addressed. Carol suggested that it may be helpful if a representative from the Cabinet Office's European and Global Issues Secretariat (EGIS) came to speak to APPSI. ACTION: A representative from EGIS to be invited to a future meeting. ACTION: APPSI to discuss if it wishes to proceed with the production of an overview of the current PSI landscape and how best to do so at a future meeting. 7. The Code of Recommended Practice for Local Authorities on Data Transparency (Paper 2) 7.1. Members discussed Michael Jennings' paper Incongruities between the revised Code of Recommended Practice for Local Authorities on Data Transparency and PSMA contractual terms. 4 7.2. Michael noted that there had been a notable lack of interest from outsiders in DCLG's 2013 consultation regarding the revision of the Code of Recommended Practice for Local Authority Data. The responses received indicated that there was some confusion about the status of some local authority datasets. Michael suggested that this was a problem that APPSI may wish to think about. It was also the case that those not already being exploited had attracted little attention, although in some instances this may have been because applications using them had already been developed or because they were of little interest unless they were aggregated nationally. 7.3. APPSI members had observed that, following the consultation, the Government required local authorities to publish basic data concerning their land, including address, location and Unique Property Reference Number (UPRN). However, the Government made it clear that this requirement did not override existing licensing or contractual agreements; each public sector mapping agreement (PSMA) member would have a principal contact who would manage that agreement and manage the use of contractors' and end users' licences. Members noted that this appeared confusing and that there was a need for clarification. The general feeling was that UPRN data should be in the public domain free of charge and that APPSI should advise Ministers on the issues. ACTION: Small working group to be set up to produce advice to Ministers, using Michael's thought piece as a basis. 8. APPSI seminar on assessing the value of Open Data 8.1. The afternoon was devoted to a major seminar on assessing the value of Open Data. Attendees and speakers included representatives from HM Treasury, the Office for National Statistics, the Department for Transport, McKinsey, Google, the Open Data Institute and the Open Data User Group. A detailed account of the proceedings will be published shortly. Next meeting 8 April 2014 – The Nuffield Foundation, London 5 ANNEX A APPSI Meeting – 28 January 2014 NORTHERN IRELAND UPDATE APPSI meeting – 28 January 2014 1. Open Data (Education seminar) event, Northern Ireland Science Park, 7 November 2013 The event was hosted by the Department of Enterprise, Trade and Investment (DETI) and the Department of Finance and Personnel (DFP), along with two knowledge sector institutions, NISP CONNECT and ECIT/CSIT . Speakers included Carol Tullo, Director of Information Policy and Services, TNA, and Richard Stirling, Membership Programme Manager, Open Data Institute. The packed audience represented a cross section of private and public sector interests. The location of the event is very significant. Two years ago, Belfast had no startups; now there are many – and they have their own island to work on – Queen’s Island, formerly the site of the shipyard that built the Titanic and an area which, until recent times, had become a wasteland. Today, rebranded the ‘Titanic Quarter’, it is the focus of a £7bn regeneration project that has yielded a Titanicthemed visitor centre, a college campus and one of Europe’s largest film studios; not to mention the new Public Record Office of Northern Ireland building (address: 2 Titanic Boulevard). The island is also home to a new generation of innovators. At the Northern Ireland Science Park, more than 110 companies, from software developers to aerospace engineers, are working to reestablish Belfast as a centre of scientific and technological excellence. 2. Open Data: A Future Direction for the NICS, Titanic Belfast Conference Centre 29 January 2014 The audience (over 100 acceptances) will be composed of information managers, heads of technology and other local stakeholders. DETI and DFP plus the Northern Ireland Research and Statistics Agency (NISRA) are providing speakers. The principal external speaker is Graham Smith, Deputy Commissioner, Information Commissioner’s Office. 3. Open Data Conference – June 2014 Another high profile event - aimed at information professionals, the business community and universities - is being planned. It is hoped that a number of VIP speakers can be attracted, including the DFP Minister and either Sir Nigel Shadbolt or Sir Tim Berners-Lee. Attempts are also being made to combine the event with the launch of DETI’s Innovation Strategy for Northern Ireland, and the re-launch of Land and Property Services Spatial NI portal, which is to host non-spatial data provided by Departments and others. 4. Consultation on draft Northern Ireland Innovation Strategy 2013-2025 The public consultation has now closed. 63 responses have been published on the DETI website. The responses will be used to inform and refine the final Executive Innovation Strategy which will be published later in 2014. It is anticipated that the Strategy’s cultural change theme will attract most revisions and that there will be more emphasis on educating the new generation, eg, school children. 5. Northern Ireland Statistical & Research Agency (NISRA) Beyond the wealth of Open Data published by the Land and Property Services Division of DFP, it is worth noting that NISRA also publishes vast amounts of its data. And, all of its statistical output is released under the Open Government Licence. Moreover, it is working towards adopting the Berners-Lee 5-star rating scheme on all its statistical output. 6. Information Governance Following a Gartner-led workshop at the end of last year, revisions to the NICS’s Information Governance structure have been mooted - a draft terms of reference for a group to replace the Information Governance Board is out to consultation with Departments. 6 7. Open Data champion appointed The NICS Information Governance Board appointed John Wilkinson, the Land & Property Services Director, as the Open Data champion for NI. 7