Vehicle Technology and Aviation Bill (Third sitting)

Andy McDonald Excerpts

Thursday 16th March 2017 Public Bill Committees

[The Chair]

I welcome the Committee to line-by-line consideration of the Bill; I hope we have a pleasant and uncontroversial time. Perhaps I can lay down a few rules straightaway. I tend to the conservative—with a small c, of course—side on such matters, so I will apply the same rules of dress and conduct as we have in the Chamber. In particular, if anybody’s phone goes off, they will be banished from the room with no further ado, so please ensure that they are turned off.

We have one or two new Members with us, so if the Committee does not mind, I shall give a short seminar on how we will conduct our business. You have the list of amendments in front of you; it will be available in the room in all events. You will see that amendments of a similar nature and subject are grouped together. Any Member who has put their name to the lead amendment in the group may speak to move it. I hope that is reasonably clear. After that, other Members can catch my eye and speak in favour of or against an amendment. Any Member may speak to an amendment more than once. For the sake of time, that might not be encouraged, but Members are perfectly entitled to speak more than once if they so wish.

At the end of a debate on a particular group, I will call the Member who moved the amendment to speak again. Before they sit down, they have to tell me whether they wish to withdraw the amendment or press it to a Division. If any other Member wants to press other amendments or new clauses in a group, they should let me know informally—by passing me a note or telling me—and I will make that possible. I shall work on the presumption that the Minister wishes to move all the Government amendments.

For those who are new to Committee work, it is important to remember that the amendments are not voted on in the order in which they appear on the selection list or are debated, but in the order in which they appear in the Bill. An amendment may well be grouped with a later clause, so it will be voted on when we get to that clause during the ordinary process of the Bill.

We will probably not have many stand part debates—the debate that happens on a particular clause—as the preference is to debate the clause with the amendments instead. Occasionally, if we have not had that opportunity, I may suggest that we have a stand part debate, but such debates often take up time. I hope that is all reasonably clear.

Clause 1

Listing of automated vehicles by the Secretary of State

[Andy McDonald (Middlesbrough) (Lab)]

I beg to move amendment 17, in clause 1, page 1, line 10, at end insert—

“(1A) The Secretary of State must consult on and publish the criteria that they will use to determine whether, in their opinion, a motor vehicle is designed or adapted to be capable, in at least some circumstances or situations, of safely driving themselves without having to be monitored by an individual.

(1B) The Secretary of State may not change the criteria until further consultation has taken place with vehicle manufacturers, insurers and other such persons as the Secretary of State considers appropriate.”

This amendment requires the Government to consult on and publish criteria for the definition of “automated vehicles” that will be used by the Secretary of State.

It is a pleasure to serve under your chairmanship for the first time in this Committee, Mr Gray—although, we were together at the evidence session on Tuesday. I am delighted to speak to the Bill generally, as well as to my amendment, because we are now entering the age of automation, which has the incredible and immense potential to liberate many people who are excluded by dint of age, skill, capacity or ability. It heralds a new era of inclusivity for personal transport and can address geographical, social and economic isolation.

The economic dividends of the transformation in our personal transport arrangements, in terms of air quality and climate change, could be immense, as could the industrial and technological advances. I am thinking particularly of the potential road safety benefits, the impact on our national health service and the health dividends, and the reduction in the number of people killed or seriously injured on our roads.

This is an exciting era, and the idea of us entering into a discussion about automated vehicles is terribly exciting, until we realise that part 1 of the Bill is about insurance. To some degree, we seem to be coming at the issue from the wrong end of the telescope, but we will have to put all the exciting stuff to one side for now and concentrate on the framework. [Interruption.] Yes, insurance is riveting, and it is right that the Government have sought to set out a framework to enable the sector to develop. On that logic, it is the right thing to do.

I thank the Minister at the outset for his approach to the Bill. As you rightly say, Mr Gray, we find ourselves in largely uncontested territory—not exclusively, but very largely—and a great deal is to be welcomed. I thank the Minister for his approach, his co-operation and his assistance in preparing for the sitting.

There are times when we have to be detached from our technology, as you rightly said, Mr Gray, and there are times in our daily lives when we want to be removed from it, so I was a little disappointed that an email was sent to me at 9.02 pm last night with the policy scoping notes, which I did not look at until this morning. They are enormously helpful and they speak to the amendment, but I rather wish we had them a little earlier. I just make that gentle point.

The amendment would require the Government to consult on and publish the criteria for the definition of automated vehicles that are to be used by the Secretary of State. That goes right to the heart of what an automated vehicle is. We are asking for that consultation and publication of criteria because it is crucial for manufacturers, vehicle owners and insurers to know whether they are making, buying, loaning on or insuring on an automated vehicle, and whether the scope of the legislation applies to their vehicle.

In Tuesday’s evidence session we heard that the insurance industry welcomed the Government taking on the responsibility to say what an automated vehicle is, so providing clarity, but we have concerns that the Bill as drafted leaves the Secretary of State with total discretion as to what qualifies as an automated vehicle. We have therefore tabled the amendment to provide greater clarity and to ensure that relevant persons and organisations—stakeholders, as we sometimes call them—would be sufficiently involved, allowing that to inform the Secretary of State’s list of automated vehicles.

[Sir Greg Knight (East Yorkshire) (Con)]

Will the hon. Gentleman not accept that, on reflection, his amendment is otiose? Surely it beggars belief that the Secretary of State would not consult. Any good Secretary of State must consult in such circumstances.

[Andy McDonald]

It is also about the publication of criteria; we have to arrive there and there has to be a journey to get to the establishment of the criteria, and we could explore how we might share some consensus around that. I do not suggest for one minute that Secretaries of State will rush off and include on their list of vehicles devices that are wholly and utterly outwith the contemplated legislation, but it is useful to consult on and establish the criteria against which we judge automated vehicles. I hope that will become clear from the rest of my contribution, but I am grateful to the right hon. Gentleman for his intervention.

The significant production of automated vehicles is still some years away. We are preparing the ground for an environment that we know will come but does not yet exist. However, there has already been an increase in assistance systems and partial automation introduced over the years to support drivers. The Bill assumes a clear distinction between advanced driver-assistance systems and fully automated driving technology in UK policy and legislation. As such, there is a need for collaboration between the Government, manufacturers, insurers and consumers to develop a viable and practical system of classification to identify when a vehicle is deemed to be automated or autonomous.

The clause requires the Secretary of State to

“prepare, and keep up to date, a list of all motor vehicles that…are or might be used on roads or in other public places in Great Britain, and…are in the Secretary of State’s opinion designed or adapted to be capable, in at least some circumstances or situations, of safely driving themselves without having to be monitored by an individual.”

By introducing a requirement for the Secretary of State to consult on the criteria used to reach that opinion, the amendment would ensure that all automated vehicles were covered by those criteria. The requirement for the criteria to be published would provide greater clarity for all concerned.

[Rob Marris (Wolverhampton South West) (Lab)]

Is my hon. Friend aware—the right hon. Member for East Yorkshire might be, because he is sometimes referred to, perhaps unfairly, as a petrolhead—of whether the current homologation criteria for vehicles on the road are published?

[Andy McDonald]

If I knew what “homologation” meant, I might have a chance. My goodness, we get an education here.

Because we are entering new territory, we need to agree what we mean by automated vehicles. We have it fixed in our minds that the definition covers only end-to-end journeys, but there are also journeys of which parts are under the direct control of the vehicle and not of the person who occupies it. We already have autonomous braking systems—the Committee explored those on Tuesday—and our shared view is probably that they fall outside the definition of an automated vehicle, because they do not cover every function; the person occupying the vehicle is still required to intervene. There are also devices to ensure that drivers do not stray into another lane. Those are all welcome assistance measures, but they do not fall within the definition of an automated vehicle as I understand it. I do not think that it is asking too much to suggest that we go through the process of establishing the criteria.

[Richard Fuller (Bedford) (Con)]

The hon. Gentleman draws my attention to the word “monitored” in clause 1(1)(b). It is an interesting word to use in relation to whether a vehicle is autonomous. I can monitor myself driving but not be in control. Is not the essential point whether the individual controls the vehicle? I wonder whether he has any observations about the word “monitored”.

[Andy McDonald]

The hon. Gentleman raises a valid point. That is indeed the word used, but I find it a little difficult to reconcile with the rest of the Bill, because it might suggest some engagement and involvement. He is right to point that out, and I am sure that the Minister will want to pick up on his well-made observation.

The Opposition believe that the additional clarity provided by the amendment would help to create a more reassuring environment that encouraged the development and uptake of automated vehicles. The amendment would also prevent the Secretary of State from changing the criteria without further consultation. It has been pointed out that such consultation would happen in any event, as a matter of course, but I suggest that it would be helpful for that to be made abundantly clear in the Bill. The amendment would ensure that the criteria used remain up to date and as practical as possible in a fast-moving world, and that they provide a device to allow all interested parties to engage fully.

Finally, let me refer to our helpful scoping notes, for which I am grateful. We are told that in practice the Secretary of State would need to have regard to whether the vehicles or types of vehicles have met international or domestic standards on the safe functioning of automated vehicles. That is very useful, but I suggest that it is merely a part of the criteria that could be established. We need to think about the whole range of functionality that automated vehicles can deliver. Although that information is helpful, it is not the complete picture, which is why my amendment suggests a consultation and the establishment of criteria.

--- Later in debate ---

[The Minister of State, Department for Transport (Mr John Hayes)]

It is a delight to serve under your chairmanship, Mr Gray. I look forward to our consideration of the Bill in Committee being electrifying, but never too highly charged. The shadow Secretary of State made some important initial comments about why the Bill matters, and with your indulgence, Mr Gray, I will speak to that before moving to the specifics of his amendment.

The shadow Secretary of State is right that the changes the Bill envisages—in some ways, I hope it facilitates change and allows it to continue—are significant. I was delighted that he highlighted the effect that those changes might have on the wellbeing of all kinds of people who in future could travel, but who cannot travel now. He made a profound point about the effect those changes will have on their lives. It is true that many infirm, elderly and disabled people will have the ability to travel in a way that they do not have now, with all the opportunities that brings. In a way, for me that is perhaps the most exciting part of the journey that we are all travelling on as a Committee; on the Government side, we are travelling as a Government; and as Parliament, we are travelling as the representatives of those people. I am delighted that he chose to highlight that point in particular in his introductory remarks.

Most men—by “men”, I am using the inclusive generic term—know that they cannot dictate the future, but some think that they can define it. Can we prepare for an unknown future? What we certainly can do is lay the ground to ensure that we can embrace what we think will be efficacious and resist that which might not be. That is our responsibility. The tightrope we have walked—the balance we have tried to strike in the Bill—is doing sufficient so as to continue to support developments in this technology while simultaneously not constraining those developments and not trying to determine or dictate what that future might look like. As the shadow Secretary of State said, it is far too early to say exactly how this technology will develop, or indeed at what pace.

We have consulted widely on these matters, as the Committee knows, and I continue to discuss them regularly with those involved in the motor industry. The discussions we have had suggest that changes might happen sooner than many people expect. The shadow Secretary of State was also right to say that they might take the form of a series of incremental changes, rather than a single step. In a way, that is what we have enjoyed over the past few decades. Cars have become increasingly likely to assist us in the way we drive. We have already talked about parking assistance, which is a common feature of most of the cars we buy. A combination of the technological changes that assist drivers in that way, and the data that are now available—through things such as real-time data, sat-nav and other technology—has changed the driver’s experience in a way that would have been unimaginable only a few decades ago. The essence of the changes that the Bill envisages are altogether different in their effect.

I will turn to the amendment, which will allow me to explore some of the other points that the hon. Gentleman made—sorry, the right hon. Gentleman.

[Andy McDonald]

indicated dissent.

[Mr Hayes]

He is honourable, certainly, and in my estimation, deserving of so much more.

Clause 1 compels the Secretary of State to create a list of automated vehicles. That is to provide clarity to industry and the public on which vehicles will be captured by the provisions—we need to define what kinds of vehicles are affected by the Bill. The Secretary of State will do that by applying the definition in subsection 1(a), to which the hon. Gentleman referred, and subsection 1(b). In those provisions we see the means by which the Secretary of State will create that list.

It is important to define the difference between driver assistance and automation, as the hon. Gentleman asked us to do. We are defining automated vehicles—the hon. Gentleman asked for this clarification—as those vehicles that have the capability to drive themselves without human oversight or intervention, for some or all of the journey. An automated vehicle might not be automated for the whole of the journey, but for at least part of it, and perhaps for the whole, it will not require the person driving it to intervene.

[Mr Hayes]

No, they would not be on the list because, although it is true that the cars we typically buy now might well have assistance with parking—I mentioned them a moment ago—the oversight of that remains with the driver. Automation is the transfer of that oversight or responsibility.

It is important to point out that the driver retains responsibility for the performance of the vehicle, but will not have oversight of the functions that are automated. I suppose that in the world we are now imagining, it would be possible for a driver to be doing something else while the car was being driven.

The best parallel here, and one with which we are all pretty familiar, is aeroplanes. When we fly on a jet, as some of us no doubt have and will again, for some of the journey the plane will be switched to automatic pilot, although it is true that the responsibility remains with pilots and co-pilots. We are quite familiar with that; the plane will essentially be flying itself. As I said, that means that the capability moves from the pilot to the plane, and in the case of a car, from the driver to the vehicle. So the vehicle will become capable of driving itself in an automated way.

[Andy McDonald]

Can I just take the Minister back to the intervention of the hon. Member for Bedford about the word “monitored”? I am trying to think through what is required of a driver when a vehicle is going through its process of self-parking. If we are saying that that individual has to be on notice and ready to intervene should something occur, I am not sure that the word “monitored” properly addresses that concern. If the word “intervention” was used, I could see how things would stack up. It really comes back to the criteria that I am talking about, and for the avoidance of any doubt, I am not in any way suggesting that there should be control over the list itself; it is the criteria by which vehicles are adjudged to be automated. I hope that is helpful.

--- Later in debate ---

[Mr Hayes]

That is a well-made point. The list’s purpose is not solely to provide the platform that insurers need to continue to develop appropriate products. It will also be available for consumers and manufacturers; in a sense, that is why it is here. It is in part to do what I said, but of course it will be a public document. People will know what vehicles are on it and they will be able to scrutinise it. It is in law not just for the practical purposes I described, but for the public purposes that the hon. Gentleman advertises. That is going to be necessary, because there will be uncertainties. We will no doubt talk about behavioural change and how people anticipate the effect of this technology, and there will be a need to provide reassurance about safety. That is why I emphasised safety so strongly this morning, and why it is underpinned by what we are doing in the Bill. I accept that there is work to be done in ensuring that the list provides the reassurance that he and I both seek.

The hon. Member for Wolverhampton South West and I exchanged views about tests. If there is a safety issue with one of these vehicles, it will be recalled. Let us be clear that there is no suggestion that these vehicles will be subject to anything less than rigour in the way they are tested. As I said in response to my right hon. Friend the Member for East Yorkshire, they can be removed from the list.

An interesting point was raised about prototypes. I suspect that the insurers will have a view about the policy they might offer in respect of a prototype vehicle. They do now, as right hon. and hon. Friends will know. There are particular insurance products for particular kinds of prototype vehicles—which often restrict their use, by the way. When a very new product is being introduced, it is probable that the manufacturers will designate it in that way and that the insurance industry will respond accordingly. However, it is a well-made point; I may make further inquiries about it and write to the Committee, because I think such an important area requires further clarification. I have drawn from discussions and consultations we have already had with the insurance industry, and I suspect that it is as I describe: existing policy and practice in respect of prototypes will probably be reflected in this particular area of technology.

My hon. Friend the Member for Bedford took us to the stars. Too many Frank Sinatra lyrics at this early stage in our consideration are probably superfluous—as I said, we could play among the stars together. He raised an interesting semantic point about clause 1(1)(b) and the question of whether a vehicle is monitored or controlled. I will ask more about it and, when I write to the Committee, I may write on that, too, with the Chair’s agreement. I was considering it as my hon. Friend was speaking—as good Ministers should, because we learn from these Committees, do we not?—and I will return to it.

I am mindful of the need not to be too narrow in what we say, but to be sufficiently clear. It is important to strike a balance between absolute clarity and a specificity that would hem us in too tightly in all of these matters. We are trying to strike that balance—to walk that tightrope, in a sense—but I hear what my hon. Friend says and I will write to the Committee on the subject.

I think that hope is an important part of the work of politicians, Governments and members of the Committee. In that spirit, I hope that the combination of absolute assurances I have given—on consultation; the willingness to listen and learn from what has been said; the need for absolute clarity, and the stated and restated determination to deliver it; and the reassurance we have had from the industry that it is comfortable with where we have got to and that it is right and sufficient for its purposes—will not merely be a matter of tone, to quote the hon. Member for Inverness, Nairn, Badenoch and Strathspey, but also a matter of substance. After a healthy but long debate, although not exhaustibly so, I hope that the hon. Member for Middlesbrough will withdraw his amendment.

[Andy McDonald]

We have had a thorough and useful discussion. I am grateful to the hon. Member for Milton Keynes South for taking us back to the days of “Tomorrow’s World”, Raymond Baxter—a few hon. Members will remember—and James Burke by talking about motor trains on the motorway. We did not think that would happen; it has only taken more than 40 years to get to this position. He is right to draw that out.

I am grateful to the Minister. I actually thought at one point that he was speaking in support of my amendment, but I think what he actually did was give me the assurances I was seeking, and I am grateful to him for that. He has assured us that the conversations will continue and that that will be a continuous feature, and importantly, that there will be a publication and that he will write to the Committee on the criteria. I therefore beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 1 ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned. —(Jackie Doyle-Price.)