Telecommunications Infrastructure (Leasehold Property) Bill

Baroness McIntosh of Pickering Excerpts

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

[Lord Adonis (Lab)]

I spoke at Second Reading, so I do not need to follow the noble Lord, Lord Clement-Jones, in making a Second Reading speech. I agree with all the points he made; his amendments probe the Minister in all the right directions.

However, a new big Second Reading theme has emerged since that Second Reading debate, due to the coronavirus crisis and the pressure it is putting on private operators. There has been a good deal of media speculation in the last two weeks as to what might happen to Openreach, in particular whether BT will seek new partners to fund its rollout plans or possibly even sell off Openreach entirely. That would be a dramatic change in circumstance from the position before the crisis, when BT was keen to maintain its position with Openreach and the argument was much more about how one could get a commitment to rollout while Openreach was still linked to BT.

In her reply, can the Minister give us a sitrep on the position in respect of Openreach, what BT’s intentions are and what impact she believes it will have on the rollout schedule and plans in respect of superfast broadband? This has a big bearing on the subsequent amendments and those we might want to take forward on Report. I hope she can give us an update on those issues.

[Baroness McIntosh of Pickering (Con)]

My Lords, I echo many of the sentiments expressed by the noble Lord, Lord Clement-Jones, and thank him for tabling these amendments. Leasehold properties are a very grey and disaffected area of property rights. It is extremely important to state at the outset that my interest is primarily in putting leasehold properties, particularly in rural areas, on the same basis as any other property.

As the noble Lord, Lord Clement-Jones, said, Covid-19 has thrown a spotlight on the importance of connectivity and access to all forms of communication, particularly mobile signals, wi-fi and broadband. Without a shadow of a doubt, in north Yorkshire and other deeply rural parts of the country, many properties, not just leasehold properties—we lived in one for a couple of years in north Yorkshire—are very remote from the exchange and their connectivity remains woefully slow. I ask the Minister directly to ensure that leasehold properties will be put on the same basis as any other property, particularly in rural areas.

I support this group of amendments in a probing way—particularly Amendment 1, which will cover tenants. On Amendment 5, as the noble Lord, Lord Clement-Jones, alluded to, leaseholders may not be in an occupation. What is the position under the Bill as it stands, without Amendment 5, if the occupant was retired?

With these few focused remarks, I take this opportunity to ensure that the Bill fulfils its purpose—to put these property rights on an equal basis with other rights—but also to ensure that in rural areas we have the maximum connectivity in every aspect, whether mobile signal, wi-fi or broadband, which is the Bill’s intent.

[Lord Holmes of Richmond (Con)]

My Lords, I will make a number of overarching Second Reading points, if I may, before speaking directly to some of the amendments in this group.

The intention of the Bill is relatively clear: it is a focused, tight piece of legislation. May I ask my noble friend the Minister about the timetable for the other legislation that is required in this framework, not least to address the issue of high-risk vendors, which has understandably had a great deal of coverage?

I believe we have a tremendous opportunity in the United Kingdom with all the elements of the fourth industrial revolution: artificial intelligence, machine learning, blockchain—or, as I prefer to call it, distributed ledger technologies—and the internet of things. But as with previous revolutions, the truth of all of this is tied to the infrastructure which underpins it. The infrastructure for connectivity is far more significant than the infrastructure for moving people, not least now but increasingly as we go through the coming years. Can my noble friend say some more about the 2025 target, what the plan is to achieve it and whether it needs reassessing in the light of recent developments and the speed of technological change in this area?

As other noble Lords have commented, Covid-19 has brought so much into stark focus, and our connectivity takes nothing other than number one spot. WebEx, Microsoft Teams, Zoom—words that many noble Lords and others in the country barely came across before the lockdown, we now say more often than “good morning”, “good afternoon” and “good evening”. Other connectivity tools are also available.

What has been demonstrated is that we are woefully short of the capacity and the infrastructure to deliver, for example, the connection between families who have not seen each other for months on end. We are also short of the capacity to drive business. If we had greater connectivity, speed and, crucially, not just capacity but reliability, much of our business could operate very effectively in this new environment once that shift has been made.

Can I ask my noble friend the Minister what lessons have been learnt from the original Openreach contracting process and rollout, and how those lessons have been integrated into the current plans? I am quite happy for her to write to me on that issue—disgracefully, I did not give her prior notice of the question. There are a number of key points coming out of that process which can be beneficial moving forward.

The value of this Bill is demonstrated in the cross-party support it has received; I wish it swift passage. Regarding the amendments in this group, I can do little, as is often the case, other than echo the fine, eloquent words of the noble Lord, Lord Clement-Jones. Could my noble friend the Minister explain the thinking behind the Bill’s wording, which seems somewhat at odds with current landlord and tenant legislation? I will limit my remarks to that at this stage, and I look forward to hearing my noble friend the Minister’s response.

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[Baroness Barran]

I thank the noble Lord for his additional questions and I apologise to your Lordships. There is a certain irony in my signal not being quite strong enough for this Committee stage.

In answer to the noble Lord’s question about Openreach, what I tried to say in response to the noble Lord, Lord Adonis, when he put this point, is that any sale is a matter for the BT Group, but the department’s understanding, based on further articles in the press, is that the original Financial Times article was inaccurate. We continue to engage with BT and Openreach, but ultimately it is a private company, albeit subject to all the competition laws and wider legislation that might be relevant.

In relation to students, the noble Lord makes a very important point. I spent quite a lot of time recently talking to young people, including students, about the impact of Covid on their lives. The points he makes are definitely reiterated by them. As the noble Lord knows, students will live in a range of different types of accommodation with different arrangements. Where they are occupying accommodation such as an assured shorthold tenancy or an assured tenancy, they will be covered by the Bill.

The noble Lord’s wider point was about thinking through the practicalities, which is what my officials have spent much time doing. This was explored extensively in the other place. The balance we need to strike is between the three parties—the landlord, the tenant or leaseholder and the operator—and that is what this legislation seeks to do.

[Baroness McIntosh of Pickering]

I thank my noble friend for her very comprehensive reply to the opening remarks on Amendments 1, 3, 4 and 5. She referred specifically to the hardest-to-reach properties and the sum of money that has been allocated. I repeat here a plea that I have made on many occasions, in the hope that it might be listened to sympathetically. By 2025, the 5% hardest to reach properties, which will inevitably be in rural areas, will, in all likelihood, still not have fast, high connectivity or even fibre broadband. Will the Government look sympathetically on a request to reverse the priorities, to ensure that the 5% hardest to reach will be dealt with first? A great number will indeed be leasehold properties, and many will be tenanted; and many will have residents who are hoping to run rural businesses, or people who are having to work from home at this time. I know that this will strike a particular chord with them.

Given that in areas such as North Yorkshire, the Lake District and Devon, or in any hilly area, you have to deal with the terrain and with the geography of being a substantial distance from the exchange, it seems unfair that these properties—I repeat that many will be leasehold properties—are being disadvantaged and discriminated against. They should be fast-tracked, to allow them greater access to all forms of telecommunication.

Telecommunications Infrastructure (Leasehold Property) Bill

Baroness McIntosh of Pickering Excerpts

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

[Lord Adonis (Lab) [V]]

My Lords, I entirely agree with all the arguments that have been made by the noble Lord, Lord Clement-Jones, and have nothing to add. I hope the Government will accept this amendment.

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, I would like to clarify some of the arguments that have arisen on the sidelines since Committee regarding how Amendments 1 and 2, which I am inclined to support, would function.

It is probably fair to say that in rural areas the connections are slower and less secure, as we have seen in a number of our own parliamentary proceedings. Amendment 2 refers to who can request an operator to provide an electronic telecommunications service; that would include rural tenants. I am concerned that many tenants are trying to conduct a business from home in the current circumstances surrounding Covid-19; I have found myself in such circumstances.

Can we have an assurance today from the Minister that, given what other noble Lords have said about the assurances and powers that landlords have in this regard, consent being sought from a landlord could not possibly delay connections to a fibre network? Fibre is very slow to be delivered, particularly in upland areas, and it would be regrettable if there were any further delay due to consent being sought from a landlord who may not be immediately available in that regard. I would be grateful to learn what my noble friend’s thinking is in that regard.

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[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

The noble Lord, Lord Livermore, will not be speaking, so I call the noble Baroness, Lady McIntosh of Pickering.

[Baroness McIntosh of Pickering [V]]

My Lords, I am grateful to the noble Lord, Lord Stevenson, for giving us the opportunity to look at this very vexed area. Is the Minister aware of the situation and the fact that many living in isolated situations and deeply rural areas, as described by the noble Lord, feel that they are being disadvantaged in this regard? It would be helpful to know that. I entirely endorse what my noble friend said about seeking a balanced relationship between the landowner, the operator and the tenant, but can she confirm the point that I made earlier—I do not know whether she addressed it—that the landowner cannot use any delay, in any way, to prevent the service and the upgrade to a fibre network that would benefit the tenant? She would surely agree with that.

[Lord Adonis [V]]

I have nothing to add to what my noble friend has said.