Telecommunications Infrastructure (Leasehold Property) Bill

Baroness Henig Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Tuesday 2nd June 2020 Lords Chamber

Clause 2 agreed.

[The Deputy Chairman of Committees (Baroness Henig) (Lab)]

We now come to the group beginning with Amendment 21. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. It would be helpful if anyone intending to say “Not content” if the Question is put made that clear in the debate. It takes unanimity to amend the Bill in this Committee; this Committee cannot divide.

Amendment 21

Moved by

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[Baroness Kennedy of Cradley (Lab)]

My Lords, as other noble Lords have said, this country is falling well behind our international partners regarding access to fast, reliable, gigabit-capable connectivity. As we know, the speed, resilience and reliability of our networks are the drivers of our economic growth. Making sure through a review, as detailed in Amendment 21, that this and any future legislation that might be necessary are effective is critical and makes economic sense.

To help our economic growth, policy interventions in this area have to work. A review would allow an assessment of how the legislation works in practice. It would allow for tenants, landlords and operators to feed back on the practical application of the legislation and suggest whether further legislative intervention or guidance are needed. It would also give us a chance to assess landlords’ responses. I am sure that landlords have the Bill on their radar. However, many will not. A review will help to assess how responsive landlords have been as a result of the legislation. For example, have they changed the implementation of broadband infrastructure policies for their buildings? Have they constructively engaged with tenants? A review would allow for best practice from landlords and operators to be shared across the sector.

Finally, I echo many noble Lords in asking how the Government, if Amendment 21 is not agreeable to them, intend to review the effectiveness of the legislation and learn from its practical application in the field to help to achieve their target.

[The Deputy Chairman of Committees (Baroness Henig) (Lab)]

The noble Lord, Lord Bhatia, cannot be heard, so we pass on to the noble Baroness, Lady Wilcox of Newport. We will come back to the noble Lord after that. Oh, she also cannot be heard. The noble Lord, Lord Duncan of Springbank, will not speak in the debate so we should go on to the noble Lord, Lord Liddle—

[Baroness Wilcox of Newport (Lab)]

I beg your pardon —I was trying to unmute myself. It was not working just then but it is now. It was a little technical hitch.

My Lords, no one can fail to recognise the importance of faster broadband, and it will be a vital area of review after this health crisis has passed. A fast, reliable signal is important for young people who need to study and do their schoolwork at home, for our higher education students who need to access online courses, and indeed for people, including politicians, now working at home in these extraordinary circumstances.

One thing is certain: when this pandemic diminishes—let us hope that it will be sooner rather than later and that, with the easing of lockdown, a second wave will not engulf the country—it will be impossible to overstate the importance of broadband access. Indeed, when this Bill was first envisaged and consultations took place with the telecommunications industry, no one could have dreamed how the country, including this Chamber, would be transformed into a home-working economy. The speed of the transformation has been incredible and, although spontaneity is absent from your Lordships’ House during questioning and debate, there must surely be good reasons for the House authorities and the usual channels to look at lessons learned from this virtual Parliament and to explore ways in which we can utilise this technology more readily in the future.

Telecommunications Infrastructure (Leasehold Property) Bill

Baroness Henig Excerpts

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Monday 29th June 2020 Lords Chamber

[The Deputy Speaker (Baroness Henig) (Lab)]

My Lords, a limited number of Members are here in the Chamber, respecting social distancing, and if the capacity of the Chamber is exceeded, I will immediately adjourn the House. Other Members will participate remotely, but all Members will be treated equally, wherever they are. For Members participating remotely, microphones will unmute shortly before they are to speak—please accept any on-screen prompt to unmute. Microphones will be muted after each speech. I ask noble Lords to be patient if there are any short delays as we switch between physical and remote participants. I remind the House that our normal courtesies in debate still very much apply in this new hybrid way of working.

A participants list for today’s proceedings has been published and is in my brief, which Members should have received. I also have lists of Members who have put their names to amendments or who have expressed an interest in speaking on each group. I will call Members to speak in the order listed. Members’ microphones will be muted by the broadcasters, except when I call a Member to speak. Interventions during speeches or “before the noble Lord sits down” are not permitted, and uncalled speakers will not be heard. Other than the mover of an amendment or the Minister, Members may speak only once on each group. Short questions of elucidation after the Minister’s response are permitted but discouraged; a Member wishing to ask such a question, including Members in the Chamber, must email the clerk.

The groupings are binding and it will not be possible to degroup an amendment for separate debate. A Member intending to press an amendment already debated to a Division should give notice in the debate. Leave should be given to withdraw amendments. When putting the Question, I will collect voices in the Chamber only. If a Member taking part remotely intends to trigger a Division, they should make this clear when speaking on the group. We will now begin.

Clause 1: Code rights in respect of land connected to leased premises

Amendment 1

Moved by

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[Lord Fox (LD)]

There is nothing I can add to the comprehensive speech of my noble friend Lord Clement-Jones, so I shall sit on my hands.

[The Deputy Speaker]

I understand that the noble Lord, Lord Stevenson of Balmacara, does not wish to speak, so I call the noble Baroness, Lady Meacher.

[Baroness Meacher (CB) [V]]

My Lords, I support the Bill because it provides an opportunity for some residents to obtain telecommunications infrastructure for their properties, even when their landlord cannot be contacted to give permission for such installations. The problem is I do not think that many tenants would be included. I added my name to Amendments 2 and 3 tabled by the noble Lord, Lord Stevenson, because they would enable further, badly needed, additions to our telecommunications infrastructure.

The essential issue here is the need to extend the availability of telecoms infrastructure as widely as possible, while providing sufficient protection for landlords to avoid unnecessary damage to, or interference with, their property. The protections for landlords in the Bill are more than adequate, albeit that some of the detail of those protections will be specified in regulations and be up to Ministers.

The most important protection for the landlord is that the operator must convince the First-tier Tribunal (Property Chamber) of the justification for the installation of telecommunications infrastructure. Only then will permission be given for the installation to go ahead. The Bill makes it clear that the tribunal will require an enormous amount of information before making its decision, and at the start of the process the operator must make multiple attempts to contact the landlord and gain their approval if they possibly can. The amendment provides for Ministers to extend the scope of the Bill.

The Government’s justification to the Delegated Powers Committee—I declare my interest as a member of that committee—for restricting the scope of the Bill at the outset is simply that multi-occupied blocks of flats are the most common source of demand for the provisions of the Bill. However, I agree with the noble Lord, Lord Stevenson, that it would be sensible to extend the scope of the Bill to tenants with a rental contract, for example, even if it turns out that the demand from those tenants is not all that great.

The Government refer to business parks and office blocks as potential candidates for the powers under the Bill to obtain telecommunications infrastructure. Perhaps the Minister could explain if there is any reason not to include such premises within the scope of the Bill now, and by that I mean rental situations as well as lessee situations.

Amendment 3, in the name of the noble Lord, Lord Stevenson, affords an operator the right to initiate proceedings to provide infrastructure on a site where they see a public interest in doing so. Again, I welcome the proposal; the safeguards for the landlord are so extensive, including the need to convince the tribunal of the merits of the case, that this extension of the scope of the Bill could only be beneficial.

I hope very much that the Minister will consider these amendments sympathetically. They are not party-political issues at all but rather a genuine concern for the general improvement of the country’s infrastructure.

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Amendments 2 and 3 not moved.

[The Deputy Speaker]

We now come to the group consisting of Amendment 4. I remind noble Lords that Members other than the mover and the Minister may speak only once and that short questions of elucidation are discouraged. Anyone wishing to press this amendment to a Division should make that clear in debate.

Amendment 4

Moved by

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I hope that I have been able to address the points made by noble Lords and have been clear why the Government cannot accept this amendment, and I ask the noble Lord to withdraw it.

[The Deputy Speaker (Baroness Henig) (Lab)]

I have received a request from the noble Lord, Lord Fox, to ask a short question for elucidation.

[Lord Fox]

The issue of 2025 was raised by both of us, so could the Minister clarify that?