Is it possible the DUA Bill could fail?

An article by Jon Baines on his personal blog discusses the ongoing deadlock in Westminster concerning the Data (Use and Access) Bill (DUA Bill). The House of Lords and House of Commons have repeatedly clashed over amendments on new clauses for artificial intelligence and copyright, which the Commons have subsequently consistently removed. 

On Wednesday, the Lords voted 221 to 116 in favour of an amendment requiring AI companies to be transparent about the materials they use to train their models. The ongoing ping pong (here and here) between the chambers suggests that a resolution is not imminent. Furthermore, it must be causing considerable frustration for the government, particularly for ministers and civil servants negotiating reciprocal data adequacy arrangements with the European Commission. 

Given that the DUA Bill originated in the Lords, Baines notes that the Commons cannot bypass the upper chamber and force the Bill into law using the Parliament Act 2011. So what happens now? 

In an edit to the post, Baines cites a response from his local MP indicating that the current parliamentary session could last 18 months, which is more than enough time. The likelihood that the Bill will need to carry over to the next session is, therefore, reduced. However, such a move would be highly unusual for a Lords-introduced bill, especially given the fundamental disagreements between the two Houses. 

A potential, albeit unappealing, alternative would involve the government allowing the Bill to fail or to withdraw it, only to reintroduce it in the Commons in the next session. Baines argues that such a scenario would benefit no one, as it would incur significant time and cost for the government and Parliament. In addition, the Bill's opponents in the Lords, led by Baroness Kidron, would still not secure the AI and copyright protections for artists that they are seeking.

Update Hansard 040625: Baroness Kidron has conceeded that: "If we were to send the Bill back for Commons consideration today, the other place would have three choices. It could choose to accept the amendment, it could choose to replace it with its own amendment in lieu, or it could choose to double-insist—and crash the Bill. I want to make it absolutely clear that, whatever transpires today, I will accept the choice the Government make. This is our last chance to ask the Government to provide a meaningful solution, and it will be in their hands alone to provide one."