Wednesday 1st May 2024
(2 weeks, 2 days ago)
Commons ChamberAutomated Vehicles Bill [HL] 2023-24 View all Automated Vehicles Bill [HL] 2023-24 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 1 May 2024 - large print - (1 May 2024)
Wera Hobhouse (Bath) (LD)
I beg to move, That the clause be read a Second time.
Madam Deputy Speaker (Dame Eleanor Laing)
With this it will be convenient to discuss the following:
New clause 2—Consultation with the Information Commissioner’s Office in relation to personal data—
“Before making regulations under section 42 of this Act (Protection of information), or any other regulations or requirements in relation to the provision of personal data in automated vehicles, the Secretary of State must consult the Information Commissioner’s Office.”
This new clause would require the Secretary of State to consult the ICO before making regulations in relation to the provision of personal data relevant to automated vehicles.
New clause 3—Establishment of an Advisory Council—
“(1) The Secretary of State must, within six months of the passing of this Act, establish a council to advise on the implementation of this Act, with a focus on learning lessons from any accidents involving automated vehicles.
(2) The Advisory Council must include representatives from—
(a) consumer groups;
(b) organisations representing drivers;
(c) road safety experts;
(d) relevant businesses such as automobile manufacturers, vehicle insurance providers and providers of delivery and public transport services;
(e) trade unions;
(f) the police and other emergency services, including Scottish and Welsh emergency services;
(g) highway authorities, including Scottish and Welsh highway authorities;
(h) groups representing people with disabilities;
(i) groups representing other road users, including pedestrians and cyclists; and
(j) groups representing the interests of relevant employees including delivery providers, those involved of likely to be involved in the manufacture of automated vehicles, emergency service workers, and public transport workers.
(3) The Secretary of State must designate a relevant officer of the Department to send reports to the Advisory Council on the roll out of self driving vehicles and any issues of public policy that arise.
(4) The Advisory Council must include nominated representatives of the Scottish Government and the Welsh Government.
(5) The Advisory Council must report regularly to—
(a) Parliament,
(b) the Scottish Parliament,
(c) Senedd Cymru
on the advice it has provided, and any related matters relevant to the roll out of self driving vehicles and associated public policy.”
New clause 4—Accessibility information for passengers in automated vehicles—
“After section 181D of the Equality Act 2010, insert—
‘Chapter 2B
Automated vehicles providing automated passenger services
181E Information for passengers in automated passenger services
(1) The Secretary of State may, for the purpose of facilitating travel by disabled persons, make regulations requiring providers or operators of automated passenger services to make available information about a service to persons travelling on the service.
(2) The regulations may make provision about—
(a) the descriptions of information that are to be made available;
(b) how information is to be made available.
(3) The regulations may, in particular, require a provider or operator of an automated passenger service to make available information of a prescribed description about—
(a) the name or other designation of the service;
(b) the direction of travel;
(c) stopping places;
(d) diversions;
(e) connecting local services.
(4) The regulations may, in particular—
(a) specify when information of a prescribed description is to be made available;
(b) specify how information of a prescribed description is to be made available, including requiring information to be both announced and displayed;
(c) specify standards for the provision of information, including standards based on an announcement being audible or a display being visible to a person of a prescribed description in a prescribed location;
(d) specify forms of communication that are not to be regarded as satisfying a requirement to make information available.
(5) Regulations under this section may make different provision—
(a) as respects different descriptions of vehicle;
(b) as respects the same description of vehicle in different circumstances.
(6) Before making regulations under this section, the Secretary of State must consult—
(a) the Welsh Ministers;
(b) the Scottish Ministers.’”
This new clause mirrors existing provisions in the Equality Act 2010 relating to the provision of information in accessible formats to bus passengers and applies them to automated passenger services.
New clause 5—Publication of list of information to be provided—
“(1) The Secretary of State must, by regulations, make provision for the publication of a list detailing—
(a) the information related to the data for authorisation of automated vehicles which must be provided;
(b) the parties by whom such information must be provided;
(c) the parties to whom such information must be provided; and
(d) the purposes for which the information must be provided.
(2) Regulations under subsection (1) must provide for the content of the list to be subject to public consultation.”
This new clause would require the Secretary of State to publish a list of information which is to be provided to and by certain parties on the operation of authorised automated vehicles, and to hold a public consultation on the list.
New clause 6—Liability of insurers—
“Section 2 of the Automated and Electric Vehicles Act 2018 (liability of insurers etc where accident caused by automated vehicle) is amended as follows—
(a) in subsection (1)(a), leave out “when driving itself”;
(b) in subsection (2)(a), leave out “when driving itself”.”
This new clause would remove the need for people to have to prove that an automated vehicle was “driving itself” if they make a legal claim for compensation under Section 2 of the Automated and Electric Vehicles Act 2018.
Amendment 8, in clause 6, page 5, line 10, at end insert—
“(6) A person may not be an authorised self-driving entity unless they meet the following requirements—
(a) they have obtained a certificate of compliance with data protection legislation from the Information Commissioner’s Office for their policy in regard to the handling of personal data,
(b) their policy in regard to the handling of personal data clearly outlines who has ownership of any personal data collected, including after the ownership of a vehicle has ended, and
(c) they are a signatory to an industry code of conduct under the UK General Data Protection Regulation.”
This amendment seeks to probe a number of concerns around data protection and ownership and seeks to prevent authorisation of companies as self-driving entities unless robust personal data practices are in place.
Government amendments 1 and 2.
Amendment 6, in clause 50, page 33, line 22, at end insert—
“(4) The Secretary of State must obtain and lay before Parliament the written consent of the Scottish Government to make regulations under this section which amend—
(a) an Act of the Scottish Parliament,
(b) any instrument made under an Act of the Scottish Parliament.
(5) The Secretary of State must obtain and lay before Parliament the written consent of the Welsh Government to make regulations under this section which amend—
(a) an Act or Measure of Senedd Cymru,
(b) any instrument made under an Act or Measure of Senedd Cymru.”
This amendment requires the Secretary of State to obtain the consent of devolved governments before exercising the Clause 50 power in relation to devolved legislation.
Amendment 7, page 33, line 22, at end insert—
“(4) The Secretary of State must consult the Scottish Government before making regulations under this section which amend—
(a) an Act of the Scottish Parliament,
(b) any instrument made under an Act of the Scottish Parliament.
(5) The Secretary of State must consult the Welsh Government before making regulations under this section which amend—
(a) an Act or Measure of Senedd Cymru,
(b) any instrument made under an Act or Measure of Senedd Cymru.”
This amendment requires the Secretary of State to consult the devolved governments before exercising the Clause 50 power in relation to devolved legislation.
Government amendments 3 to 5.
Wera Hobhouse
I have tabled three amendments that seek to strengthen the provisions made for data protection in the Bill. New clause 1 would require the Secretary of State to report to Parliament on the collection of personal data from automated vehicles within one year of the day on which the Act is passed and every year thereafter. This report must cover
“levels of compliance with data protection legislation within the automated motor industry,…instances where the Secretary of State has made regulations under section 42(3) of this Act…and the impact of those regulations on personal data protection, and…any significant trends in the collection of personal data and whether further action is needed to regulate the collection of personal data.”
For sustained public confidence in automated vehicles and the data protection issues that arise, it is important that we have this continued monitoring and reporting. With a new technology, it is inevitable that new issues will arise over time, particularly as automated vehicles learn and change their behaviour accordingly. The reporting is necessary to keep the regulations on data protection under review as the technology develops. The Government must give further assurances in the Bill that people’s personal data will be protected before this Bill becomes law and commit to the annual reporting set out in this new clause.
This Bill would also be strengthened by new clause 2, which would require the Secretary of State to consult the Information Commissioner’s Office before making regulations in relation to the provision of personal data relevant to automated vehicles. As I have mentioned, new clause 1 would maintain monitoring of the provisions made for data protection, and new clause 2 would make this monitoring and reporting process easier, as advice can be taken from the ICO rather than using parliamentary time. Again, this will instil public confidence in the legislation as the advice will come from an independent body.
In order to operate, automated vehicles must be able to collect data, and much of this data will be personal. The information collected will help to make AVs safer as the system learns more about the road and those using it. Strengthening the process of how any changes to future protections are made will again assure the public that their personal data will be secure. Further assurances would be given by amendment 8, which seeks to probe a number of concerns about data protection and ownership, and seeks to prevent the authorisation of companies as self-driving entities unless robust data practices are in place. This amendment would ensure that a person may not be an authorised self-driving entity unless they meet the following requirements:
“they have obtained a certificate of compliance with data protection legislation from the Information Commissioner’s Office for their policy in regard to the handling of personal data,…their policy in regard to the handling of personal data clearly outlines who has ownership of any personal data collected, including after the ownership of a vehicle has ended, and…they are a signatory to an industry code of conduct under the UK General Data Protection Regulation.”
Jesse Norman (Hereford and South Herefordshire) (Con)
I would be very interested, with regard to the latter new clause, if the hon. Lady could explain why she feels—or what feedback or evidence she has to think—that the safety regulation system that is put in place will be inadequate to handle the concerns she raises.
Wera Hobhouse
On Second Reading, I think I was very positive about the Bill’s introduction, and I see it as the bright new future, but we should be careful to ensure we are taking people with us. As I have said, this is basically about making sure that people feel confident that their personal data is really handled in the most secure way possible. I have tabled the amendments to provide assurance for the public that the Government and everybody involved in this bright new future will really take a very careful look at all data protection measures.
Jesse Norman
If I may quickly respond, given that this Bill has had a remarkably untroubled passage through both Houses to date and that both Houses are informed by enormous amounts of information from relevant parties and Members’ constituents, has she any such reason? I think what she is saying is that she has no reason, apart from a general worry about consent, to think that what she is talking about will be necessary, because she has no reason to think that the regulator will not be able to take this stuff into account when it comes to a review?
Wera Hobhouse
We will not push new clause 1 to a vote, but I want the Government to ensure that all necessary and possible protections are being put in place. This issue has been debated several times, but we are looking into the future and who knows what the future holds? We know that people are increasingly worried about their personal data, and that sometimes regulations are not as robust as possible. This is basically a plea to the Government to ensure that all possible assurances are in place.
Gavin Newlands (Paisley and Renfrewshire North) (SNP)
I rise in support of new clauses 1 and 3, which are based on measures that we tabled in Committee. I will also speak to amendments 6 and 7 that stand in my name and those of colleagues in Plaid Cymru, but I will not detain the House too long as it is clear that there is broad agreement on the wider principles of the Bill and the implications of the details in it, notwithstanding the amendments. As a member of the Transport Committee, it has been clear to me for some time that this framework legislation is required. By and large the Government have done a good job, with the sector largely content and no real opposition in this place to the vast majority of the Bill—[Interruption.] Okay, I will change that to “a decent job”; the Minister was too grateful.
That said, I must return to the issues around clause 50, which gives the Secretary of State power to legislate on devolved matters. That may not be the Bill’s intention, but the possibility remains a concern. I am grateful to the Minister for meeting me to discuss the problems with clause 50. In the end, the meeting came after Committee stage had concluded. That was disappointing, but it was a reflection of the wild agreement and consent on all sides for the vast majority of the Bill, resulting in an extremely swift conclusion to the Committee. The Scottish Government and their Ministers and officials have been engaged with the UK Government and their Ministers and officials on at least two occasions to discuss the implications for devolution of clause 50, and the proper remit of both Governments. In Committee, the Minister was forthcoming about discussing matters further with the Scottish Government, and I thank him for that. I believe those discussions have taken place.
It would be helpful if the Minister gave a commitment on the record on the Floor of the House that the Scottish and Welsh Governments will be consulted fully before the relevant powers in clause 50 are used by the Secretary of State. That being the case, would it not make more sense for the Government to accept amendment 7, because that is all it seeks? The fact remains that it would be infinitely preferable to have a statutory basis for the changes that the UK Government propose to make, and one that respects and acknowledges the legal framework that exists under devolution.
In Committee, the Minister maintained the line that the legal advice he and his Government have received indicates that these matters are all reserved, but the Scottish Government are clear that their similar advice indicates that the matters are devolved. My amendment would simply reflect the legal position as understood by the Scottish Government and outlined by the Cabinet Secretary for Transport at the Scottish Parliament’s Net Zero, Energy and Transport Committee last month. She said that
“things that relate to offences under devolved legislation and offences that would be part of devolved areas, these are the areas that the provision would allow the UK Government to legislate on or make provision for in the future...we think it’s a genuine issue of concern.”
In the same session, George Henry, national operations manager for road safety policy and education for Transport Scotland, said:
“I will just try to provide an explanation or an example. There will be devolved legislation that has been brought in either by roads authorities or even through the Scottish Parliament that clause 50 allows the Secretary of State to change. That is the reason why we are not supportive of that. This Parliament—”
that is the Scottish Parliament—
“could make a decision to implement a measure for good reasons—such as a low-emission zone in an area—that could potentially be changed through clause 50.”
Whether or not that is the intention, it gives the Secretary of State the power to do that.
I hope it is clear to the UK Government that this is not an issue of confected conflict—something we are often falsely accused of—and there is clearly a desire to make the Bill work. Equally, however, we need it to work for everyone, including the devolved Administrations. As I highlighted in Committee, if the Government’s objective is to ensure complete alignment between Scottish and English traffic laws, that ship sailed a long time ago. We have a different speed limit regime, different drink-driving laws, and a different approach to road traffic regulation in general. Wales, too, has indicated different priorities to England by, at least initially, rolling out a national 20 mph speed limit. Clearly there should be consistency across the island, where appropriate, about the basic framework under which automated vehicles will operate, and the devolved Administrations have worked with their UK counterparts to make that happen. However, that cannot be allowed to undermine the devolved position with regard to enforcement of the law where the Bill will affect devolved law.
The Minister has been forthcoming with me, including in Committee, about his commitment to constructive discussion with the devolved Administrations, and I welcome that again. However, with the greatest of respect for him, in around six months we are expecting a change of Government and he will likely no longer be there, and whatever pledges or commitments have been made cannot bind his successors. We need a commitment in legislation that it would take an Act in this place to amend or scrap.
Amendment 6 would ensure that where devolved competences, such as those referred to in clause 50, are at stake, the devolved Parliaments are guaranteed their role as the providers or otherwise of legislative consent for this Parliament to legislate on their behalf, as has been the accepted norm for devolved matters under the Sewel convention for nearly 25 years.
Amendment 7 would in essence codify the pledges made by the Minister in Committee about consulting the Scottish Government. That is good, and I wait to hear his response to the debate. However, I believe a better solution with respect to devolution is amendment 6, which would require a legislative consent motion to be passed by the Scottish Parliament, and indeed the Welsh Senedd, before a UK Minister could act, rather than just a consultation.
I do not think that is particularly controversial. If there are such disparate views from legal advisers about where the line of devolved powers lies, surely the UK Government, as a self-proclaimed champion of devolution, would be happy to codify exactly where that line lies, and guarantee the Scottish Government and Parliament, of whatever political hue, the right to determine their own laws and regulations around automated vehicles now and in the future. I will wait to see what representations the Minister makes in his remarks before deciding whether to push amendment 6 or 7 to the vote.
Bill Esterson (Sefton Central) (Lab)
Labour has tabled four amendments at this stage of proceedings to build on the work in Committee. The context of the amendments is that the Bill follows four years of work by the Law Commission, which included three public consultations, and the commission’s recommendations represent one of the most thorough pieces of work that it has ever carried out.
The Bill builds on and provides further clarity to the Automated and Electric Vehicles Act 2018, which originally set out the insurance framework for automated vehicles. It was the first piece of legislation to set out an insurance framework for the operation of automated vehicles.
The Transport Committee published a report on self-driving vehicles in 2023, and its recommendations included a new legal framework in primary legislation. The development of automated vehicles has a number of potential benefits, and after losing our place as a leader in the development of the technology, the Bill can play its part in recovering Britain’s international position and establishing one of the most robust frameworks for AVs in the world. Let us remind ourselves of some of the potential benefits.
Automated vehicles could create a market worth £42 billion by 2035, and 38,000 new jobs. They have the potential to make roads safer, including for pedestrians and cyclists, by removing the human error that causes 88% of road traffic incidents. Research from the Society of Motor Manufacturers and Traders suggests that if automated vehicles are deployed in substantial numbers, 3,900 lives could be saved and 60,000 serious incidents prevented up to 2040. Better road safety also means significant savings for the NHS. Research by AXA shows that in 2022, road traffic incidents cost the economy £42 billion, of which £2.3 billion was a direct cost to the NHS in medical treatment and ambulance services.
AVs can improve connectivity in areas where our public transport is failing passengers. However, such an improvement needs to be made alongside long-overdue improvements in bus services rather than seen in isolation. Better access to transport is important for a great many people, including in rural areas, for older people and for disabled people. An Age UK study found that driving remains the most common form of transport for older people.
Most US states, Germany and France are moving forward with their own AV frameworks, so it would be a mistake for the UK to fall further behind in an industry that could be worth £750 billion globally by 2035. The UK is already running numerous automated vehicle programmes, including those by Wayve, Oxa and Starship.
Let us consider where we are with the legislation in front of us and how we might build on the Bill. Labour’s four amendments cover the following issues: the establishment of an advisory council; the accessibility format required of automated vehicles if used as public transport; the requirement for the publication of a list of data required to be supplied; and removing the need for people injured by an automated vehicle to prove that the vehicle was driving itself if they make a legal claim for compensation.
Let us start with new clause 3. In Committee, the Minister said—multiple times, in fact—that he is in agreement on the need for proper consultation, and he insisted that the Government will consult properly. However, there appears to be something of a gap between the Government’s stated commitment to consultation and what is happening in practice. For example, Government guidelines on minimum engagement for AV trials do not currently specify that disabled people’s organisations need to be consulted. If the Minister agrees on the importance of consultation, why is that not stated in the Bill?
Jesse Norman
If I may say so, that is a remarkably weak criticism. As the hon. Member acknowledges, the Bill has been developed—I say this with a degree of ownership—over a considerable period of time, with enormous input from involved parties. It is obviously of direct relevance to older people, people with difficulty with mobility and people with disabilities. The suggestion that somehow the Government have, by implication, neglected those constituencies is wholly mistaken.
Bill Esterson
I will give the right hon. Member credit for his role in getting the Bill to this stage, and he is quite right that the Bill largely has strong support on both sides of the aisle and across society. I think it does set the framework, but there are concerns about it, and this is one of them. I will further set out the evidence base for that, but before I do, I turn to the impact of deindustrialisation and its legacy of inequality, which has been sown into the fabric of our country.
The Parliamentary Under-Secretary of State for Transport (Anthony Browne)
I thank the Opposition parties for their broadly positive approach throughout Second Reading and Committee. There is clear consensus across the House that we should embrace this new technology, given all the opportunities set out by the hon. Member for Sefton Central (Bill Esterson). I also thank my predecessor, my right hon. Friend the Member for Hereford and South Herefordshire (Jesse Norman). As has been mentioned, he helped steer the legislation through this place, and clearly still has great interest in the Bill, which I welcome.
I will be brief. All the new clauses and amendments apart from one were raised in identical form in Committee, and my comments will not change much from what I said then. By and large, we agree with their various objectives, but we do not think they are necessary, and in a couple of cases we think they are inappropriate. On new clauses 1, 2, 5 and 8, data protection is clearly very important, and the Government support it, but the new clauses largely duplicate measures that are already in the Bill, or in other legislation.
This Government take protection of personal data very seriously. It is an important issue and requires careful consideration. The Bill does not seek to replace or change personal data protection legislation, nor does it enable that legislation to be contravened. It is not a Bill about data protection. Any changes to data protection legislation are beyond the scope of the Bill. It is the role of the Information Commissioner’s Office to regulate data protection issues. The ICO has an obligation to report annually to Parliament on the commissioner’s activities. Any report by the Department for Transport, such as that required by new clause 1, would risk duplicating that work. Also, the Department for Transport is not the data controller of information collected by regulated bodies, which means that reporting would be inappropriate.
The purpose of the Bill is to create a comprehensive and effective safety framework for self-driving vehicles. Information may need to be shared to achieve that; public safety and security must come first. Any regulations made under the powers in the Bill that permit further sharing or use of information would be developed in discussion with stakeholders and subject to consultation, and would be laid before the House before coming into force. That provides multiple opportunities for input into and scrutiny of proposals. Regulations will also be subject to a data protection impact assessment. The Secretary of State already has a duty under article 36(4) of the General Data Protection Regulation to consult the ICO on proposals for legislative measures. New clause 2 therefore duplicates a requirement already in law.
New clause 5 is unnecessary because all information-related regulations made under the powers in the Bill will already be subject to consultation under the requirements of clause 97. Clause 14 specifically requires that regulations that require information to be shared by an authorised self-driving entity or licensed operator must specify the purpose for which that data is to be shared. It would be unnecessary and onerous to duplicate those publication and consultation requirements.
Turning to amendment 8, the protection of personal data will be considered alongside the detailed development of authorisation requirements. These requirements will be set out in secondary legislation and will be subject to consultation and impact assessment. The amendment would place an additional burden on industry over and above what is required under existing data protection legislation, such as the legislation that covers the data in our mobile phones. At present, a certificate of compliance is not mandatory under GDPR. In addition, the schemes referred to in the amendment are industry-led and therefore not within the control of Government, so there is a risk that they would not achieve the intended result.
On new clause 3, the hon. Member for Sefton Central talked at length about the inadequacies of Government consultation. As my right hon. Friend the Member for Hereford and South Herefordshire said, there has been incredibly extensive consultation throughout this process. I have counted five different ways in which we will ensure consultation and engagement. The Law Commissions of England, Wales and Scotland have been looking at the issue for four years, and have been consulting throughout. The Secretary of State for Transport, who has joined us in the Chamber, and I held a roundtable with a whole range of road user groups, including groups representing disabled people, about the impact of the legislation. I will also meet disabled groups once the legislation moves through this House to consider some of the issues. We recognise that engagement with all groups, including the devolved Administrations, is incredibly important. The Bill will provide new powers relating to technical safety requirements, which will be set out in statutory guidance and secondary regulation. There will be consultation on those requirements with stakeholders, including but not limited to the stakeholders identified clause 2(4).
Following the passage of the Bill through the House of Lords, we have included a statutory requirement to consult the three groups with the most direct interest when developing the statement of safety principles: road safety groups, road user groups and the self-driving vehicle industry. That is not a comprehensive list of those likely to be consulted, but it shows the breadth of the consultation. Once in place, the safety requirements for authorisation, licensing and in-use regulation will be monitored and enforced by the Department for Transport and its motoring agencies, on behalf of the Secretary of State. In line with all public bodies, the Department and its agencies will be subject to scrutiny.
In addition, there is an expert advisory panel on the Department’s self-driving vehicle safety assurance work, which has been consulted. It provides advice and challenge. The panel includes representatives from industry, academia and road safety groups. We have given a non-statutory commitment to setting up an accessibility advisory panel. The Bill establishes a new independent no-blame incident investigation capability, which will ensure that we learn effectively from incidents that involve self-driving vehicles. Finally, the hon. Member for Sefton Central will be reassured to learn that clause 38 already creates a general monitoring duty that requires the Secretary of State to publish an annual report on the performance of self-driving vehicles. I hope that all those engagements that I have made demonstrate that the Government share the hon. Member’s view that scrutiny of implementation and learning from experience are vital. All those future engagements are there, which is why new clause 3 is not necessary.
On new clause 4, accessibility is an incredibly important issue. I have made it clear, as has the Secretary of State, that accessibility is one of the strong arguments for legislating for self-driving cars. For many disabled people, particularly partially sighted or blind people, self-driving cars could have an incredible impact on their quality of life. I thank the hon. Member for Sefton Central for the new clause, but it replicates powers held by the Secretary of State on the provision of accessible travel information about buses to automated passenger services. Automated passenger services provide a great opportunity to make travel more accessible and inclusive. Under the Bill, we already have the power to mandate that information be provided to users in accessible formats, through the permit conditions. That is more flexible tool than the regulations. Conditions attached to individual permits can be adapted to fit a wide variety of services. Some services may have alternatives to the provision of accessible-format information; for example, there may be a member of staff in a vehicle who can focus entirely on helping passengers and providing that information. In addition, the Bill expressly requires the appropriate national authority to consider accessibility in decisions to grant permits. That ensures that accessibility considerations are built into services from the start. It enables innovation to come forward in this nascent sector, and operators to consider the best way for their services to be accessible and inclusive. Finally, licensing and franchising authorities will also be able to steer requirements about accessible information formats. They can champion local needs through their role in providing consent for granting permits. As a result, we do not think that new clause 4 is necessary.
New clause 6 extends insurer first-instance liability for incidents involving automated vehicles to all circumstances, even when an individual is driving. The compulsory insurance regime in the Automated and Electric Vehicles Act 2018 was created to ensure that victims of incidents caused by automated vehicles receive prompt compensation. The Bill amends the 2018 Act to ensure it applies to authorised automated vehicles. However, there is no change to the principle that insurer first-instance liability applies only when the self-driving feature is switched on. New clause 6 would create an unnecessary discrepancy in insurer liabilities for manual driving, depending on whether the vehicle has a self-driving feature or not. I therefore ask the hon. Member for Sefton Central to withdraw new clause 6.
On the SNP amendments relating to clause 50, we consider that the user-in-charge immunity is a reserved matter. Indeed, the immunity will predominantly affect the application of reserved traffic offences, as the hon. Member for Paisley and Renfrewshire North (Gavin Newlands) recognised. There is a limited range of devolved legislation in this area and immunity will have only a minor incidental impact on the Bill. We did meet to talk about it and we discussed it in Committee, but just to make it absolutely clear, this is not about what the traffic regulations are in Scotland—what the speed limit is, whether it is an offence to break the speed limit or drive in a bus lane. It is about whether liability rests on the driver or on the software company ASDE in a self-driving car. It therefore has no impact on direct legislation in Scotland.
More generally, public understanding and confidence will be key to realising the benefits of self-driving vehicles. It is vital that we have clarity and consistency across Great Britain about how these vehicles can be used, and what individuals’ responsibilities are. This was the first recommendation by the Scottish Law Commission and the Law Commission of England and Wales in their joint report. They stated that they did not think the public would be able to understand different or partial immunities based on distinctions between devolved and reserved laws. The power in clause 50 is necessary to ensure clarity and consistency in the immunity’s application.
As the hon. Member acknowledged, I met him and the Cabinet Secretary for Transport in the Scottish Government to talk about that. I sent a letter of assurance afterwards and I repeat what I mentioned in that letter. I assure him that where we propose to use the regulation-making power in clause 50, we will always consult with the Scottish Government and with other devolved Administrations.
Mr Deputy Speaker (Sir Roger Gale)
I understand that the hon. Member for Bath (Wera Hobhouse) wishes to withdraw new clause 1. Is that correct?
Wera Hobhouse
I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
Clause 43
Fees
Amendments made: 1, page 29, line 19, after “State” insert “or by a traffic commissioner”.
This amendment corrects a drafting omission, by allowing no-user-in-charge operator licensing functions conferred on traffic commissioners to be taken into account in setting fees under Part 1.
Amendment 2, page 29, line 22, at end insert—
“(3) Money received by a traffic commissioner as a result of regulations under section 13 must be paid into the Consolidated Fund in such manner as the Treasury may direct.”—(Anthony Browne.)
This amendment is one of two that clarify what happens to fees, penalties or costs under Part 1 if they are made payable to traffic commissioners by regulations.
Clause 89
Procedural and administrative matters
Amendment made: 3, page 63, line 18, at end insert—
“(8) Regulations under subsection (7) made by the Scottish Ministers or the Welsh Ministers—
(a) if they apply to a function in respect of which a fee is payable, must also apply to the function of charging and receiving that fee;
(b) if they apply to the function of issuing a notice under paragraph 1 or 2 of Schedule 6 (compliance notices and monetary penalty notices), must also apply to the functions under paragraph 4 of that Schedule (costs notices) so far as exercisable in connection with the first function.
(9) Money received by a traffic commissioner as a result of regulations under subsection (7) must, unless subsection (10) applies, be paid into the Consolidated Fund in such manner as the Treasury may direct.
(10) Money received by a traffic commissioner under paragraph 2(2) of Schedule 6 (monetary penalties) as a result of regulations under subsection (7) made by the Scottish Ministers or the Welsh Ministers must be paid to those Ministers.”—(Anthony Browne.)
This amendment makes provision about fees, penalties and costs made payable to traffic commissioners by regulations under Part 5.
Schedule 1
Enforcement action under Part 1: procedure
Amendments made: 4, page 78, line 7, after “Part” insert “(other than section 43(1))”.
This amendment is consequential on amendment 1.
Amendment 5, page 78, line 14, at end insert—
“(5) Money received by a traffic commissioner as a result of regulations under this paragraph must be paid into the Consolidated Fund in such manner as the Treasury may direct.”—(Anthony Browne.)
This amendment is one of two that clarify what happens to fees, penalties or costs under Part 1 if they are made payable to traffic commissioners by regulations.
Third Reading
The Secretary of State for Transport (Mr Mark Harper)
I beg to move, That the Bill be now read the Third time.
I was going to say a number of things, but the Under-Secretary of State for Transport, my hon. Friend the Member for South Cambridgeshire (Anthony Browne) covered them in his response. I will resist the temptation, which is not often resisted, to repeat them. All I will do by way of my remarks is say a few thank yous.
We are debating a Bill to have self-driving vehicles, but since we have not yet reached the point where we have self-driving Bills, I want to thank my hon. Friend the Minister for his work in steering the Bill not just on Report today but through Committee. I thank the Chairs and the members of the Public Bill Committee for their work both in Committee and in taking evidence. I also want to thank hon. Members on both sides of the House, even where there are differences on some of the detail, for their overall support for the Bill.
The Bill is part of our strategy to ensure Britain is at the forefront of this exciting new technology; to ensure that we can create well-paid, secure jobs in this country and lead this industry; and to ensure that we have safer roads, with technology which will contribute to an improvement in road safety and continue Britain’s leadership in that position.
I am grateful for the support of colleagues and hope the Bill will be read a Third time without a Division.
Bill Esterson
I wholeheartedly agree with the Secretary of State about the desirability of the Bill. We have had a very good series of discussions on it. I am grateful to the Minister for the way he has engaged with all Members who took part in Committee and the other stages. I add my thanks on the record to the Clerks, the Law Commission, those who submitted written evidence and the Minister for his responses, through letters, after the Committee stage. I agree on the benefits of improving road safety and the potential economic opportunities that the introduction of automated vehicles provides. We look forward to the rest of the transport legislation coming forward, in however many weeks the current Government may have, on e-scooters, e-bikes and minimum standards for taxis in the transport Bill that they previously promised. But today we can agree that the Bill should get its Third Reading and I am grateful to all who took part in its consideration.
Gavin Newlands
I thank the Clerks, the Chairs, the members of the Public Bill Committee and all those who submitted evidence to it. As the hon. Member for Sefton Central (Bill Esterson) said, the engagement by the Minister has been excellent. I will be keeping a close eye on the Minister—and indeed his Secretary of State, who has come in at the last minute to steal his thunder on Third Reading!—to ensure that the commitments made specifically with regard to clause 50 are met. If they are not, they will be hearing from me. [Laughter.]
Jesse Norman
May I say that, very far from the sentiments just expressed, the Secretary of State has been a very strong friend to the Bill from the very beginning? Having steered the Bill until the point where the Under-Secretary of State for Transport, my hon. Friend the Member for South Cambridgeshire (Anthony Browne) took over, as he noted, I pay tribute, as he has, to the quality of the work done by officials at the Department for Transport and the Bill team. I remind the House that this is an extraordinary moment. We have taken the next step in pioneering a technology, as a single polity, in advance of anywhere else. It builds on the work done in 2019, and presages a very important, safer and, in many respects in transport terms, more prosperous future.
Wera Hobhouse
I add my thanks to everybody who worked so hard to bring the Bill forward. As I have said before, the Liberal Democrats have been very supportive. This is a brave new world and I assume that, as we go along exploring the new technology, we will keep a very close eye on the data protection issues that I raised. This is not the end of the road; it is the beginning, but it is an exciting beginning.
Question put and agreed to.
Bill accordingly read the Third time and passed.