Telecommunications Infrastructure (Leasehold Property) Bill

Debate between Lord McNicol of West Kilbride and Lord Stevenson of Balmacara

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Tuesday 19th May 2020 Lords Chamber

[Lord Stevenson of Balmacara]

My Lords, in moving this amendment I will also speak to Amendment 9 in the name of the noble Lord, Lord Clement-Jones, which covers much of the same ground.

In the Future Telecoms Infrastructure Review, the Government said:

“We do not think it is acceptable for landlords to be able to deny their tenants a service if an operator is prepared to provide it. We want to bring telecoms operators in line with the gas, energy and water sectors by providing a ‘right to entry’, where a landlord is given notification of an operator’s intention to access a property”.


We are entitled to ask the Minister to explain what happened. Why has the Bill failed to live up to the very sensible remarks made in the review and some of the comments that have been made this afternoon?

Other noble Lords have mentioned the impact of Covid-19 and how it has radically changed the position regarding a gigabit-capable infrastructure. We have just been talking about whether that should become the USO position, which I would support. However, access to home schooling, home working and home shopping are now as important as clean water and energy. Why perpetuate the myth that gigabit-capable access is in some sense discretionary? No individual and no family should be left behind.

Secondly, operators are part of the solution and certainly not the problem, in terms of where we are trying to reach. The discussion about Openreach and the desire of operators to co-operate if the circumstances arise are all part of this issue; to achieve what we want we must support operators in the limited time we have left. If they are in an area installing fibre and have the personnel and equipment there, it must be more cost-effective for them, beneficial for all and in the public interest for all premises in that area to be dealt with.

This amendment would not remove any control from owners of properties, but it would open up the whole process. It seems from the comments we have already heard that there is support for the amendment. We need an operator to be able independently to initiate the process, so that those who want this service can get it. I cannot see that this is, in any sense, against the public interest. I beg to move.

[The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)]

I call the noble Lord, Lord Adonis.

--- Later in debate ---

[The Deputy Chairman of Committees]

No other noble Lords wish to intervene on this amendment.

[Lord Stevenson of Balmacara]

This is a very interesting argument, which I do not really understand. It has come up on previous amendments and we need to bottom it out before we get to the end of today’s debates. As a precursor to what I am about to say, I do not think we would be having these discussions were it not for two things. First, memories are very short. One reason that we have Openreach is the increasing frustration that we felt over the years—not just us but the Government—at the inability of BT, a slow-moving giant, to respond to the needs of the country in developing gigabit-capable broadband. Indeed, in those days we were talking about simply getting to a USO figure of 10 megabits per second. That was the rationale for forcing BT, which did not wish to do it, to split off Openreach. It may well be that that is a continuing story and we will have more to go on. The idea was that Openreach would be faster and less constrained by the bureaucracy of BT and the problems affecting it, and able to satisfy the need to get our country up to the standards we wanted. That was the moving force.

It has been mentioned but it is important to bear in mind that last year we were at the bottom of the 80 or countries that contributed to an overall survey about how fast broadband was being been brought into countries. The good news is that we are no longer bottom; we are now third from bottom with 2.8% coverage. The top countries—Iceland, Belarus and Sweden—have more than 60% coverage of fibre to the home and the EU 28 average is 17.1%. We are miles away from getting anywhere near completing this in the time allotted. I do not get the idea that somehow we have to be balanced and fair and that there is a public interest in making sure that the rights of all concerned are equally balanced. The public interest is in getting fast broadband to as many people as possible as quickly as possible.

We will do that by making sure that the process is more like utility provision than a discretionary arrangement for getting something as a result of choice. The idea that somehow bringing operators to the point where they see that it makes good economic sense to implement a process in an area they happen to be working in is somehow unbalancing the public interest is just bonkers. It is in the public interest if we increase the quality of connections available to people to connect to the fast internet if they wish to do so, and it is not taking any rights away from owners. The whole point is that this is a process that has started; it is not a decision to go ahead. The process allows people to petition the courts or others to make sure that they can get access when they wish to do so. It is not about giving away any rights. I hope the Minister will take those points away and think about them. I am certain we will want to come back to this on Report. In the interim, I beg leave to withdraw the amendment.