Telecommunications Infrastructure (Leasehold Property) Bill

Baroness Wilcox of Newport Excerpts

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

[Lord Stevenson of Balmacara [V]]

My Lords, this amendment, which I am pleased to move, is supported by the noble Lord, Lord Fox, and the noble Baroness, Lady Meacher, whom I thank. It builds on a very good debate in Committee, which was mainly framed around the existing USO of 10 megabits per second, and the problems that this causes, in terms of how people respond to it in trying to make it feel better than it is, and the reality of living in a household with a 10 megabit per second supply where other users are taking up the bandwidth, making it feel very much slower. To sum up the discussion, the feeling around the House was that the target was the problem. It was a bit unambitious, not least because the experiences gained over the last few months during the pandemic have shown that the whole country needs a step change in broadband capacity, which would of course be signalled if the Government had accepted our amendments to the Digital Economy Act, which called for a USO of 1 gigabit.

However, we are all now roughly in the same place. All sides realise that we must aim for the very high-speed, gigabit-enabled capacity. The question which follows is: how best do we achieve this? This very narrowly constructed Bill does not make amendments of the type that we would like to run on this topic very easy to get in scope, so what we have before us is a classic approach, which I think the Minister when she responds will easily see through. But I hope that the amendment has sufficient in it to attract her interest about how we might make progress together in achieving the future that we both want.

This amendment requires the Secretary of State to commission a review of the impact of this Bill on the Electronic Communications Code within six months of Royal Assent. That review would assess the code’s suitability to support universal access to gigabit-capable broadband by 2025 and to make recommendations for future amendments to other legislation, if that were required, and to this code. We want to ensure that the Government act as if the USO was 1 gigabit enabled broadband across the whole country and work back from that target date of 2025 to draw up a comprehensive plan for the legislation that would be required to achieve that.

We understand that this is a tough call, but it goes with the grain of what we should be doing as a country. We have not specified in the amendment that in future the Government should regard access to fast and affordable broadband as a utility. We believe that, but we know that will not go well with them. We have not required the Government to introduce access rights for operators similar to those in place in respect of electricity, gas and other utilities, as we argued in Committee. They may be going that way anyway, because a consultation has just been opened on this issue. We have not listed a whole host of other issues that contribute to the future connectivity of the UK— wayleaves, mast rentals, use of existing street furniture and better planning of changes to allow better cabling in roads and pathways. We have not put that in, but it is part of the solution. We expect and trust the Government to recognise what is required and to get on with it.

Everyone, including the Minister, knows that more legislation is needed. This amendment might prompt the Government to think about that ahead of time and bring it forward at the appropriate moment. I hope that the Government accept this amendment in the spirit in which it is moved, and I look forward to hearing the noble Baroness respond. I beg to move.

[Baroness Wilcox of Newport (Lab) [V]]

This amendment would serve a necessary purpose: the delivery of 1 gigabit per second broadband to every home by 2025. It is an ambition stated by the current Prime Minister, but what is the hesitation? The lack of bold leadership and ambition to get this done is of concern. Amendment 7 builds on an amendment tabled by Liberal Democrat colleagues in Committee but is significantly wider in its scope.

A review of the impact of the Act would require consideration of the suitability of other parts of the Electronic Communications Code in facilitating the Government’s aim of universal access to high-speed broadband. It is clear from some of the stories and examples raised during this Bill’s passage that for a variety of reasons there are significant obstacles to meeting the Government’s target. As such, I hope the Minister will recognise that Amendment 7 is designed to be helpful and to bring us closer to the destination that we all agree on.

The country has a mountain to climb after the serious damage sustained to the economy during and after this health pandemic. Millions of lives will be affected by the implications of unemployment and a contracting public sector. The UK, ill prepared for the onset of the virus and constantly playing catch-up during it, has to try to regain momentum in delivering a fair and balanced economy to benefit the majority of its citizens. The recovery programme that must be implemented after the pandemic will be utterly dependent on how we connect ourselves and the wider world. As it is expected that working from home will continue for some and develop and reproduce, we need good and reliable internet speeds across the country to support this. The universality of the service, so that it is available to all irrespective of location, is also an important point, raised previously by my noble friend Lord Adonis.

The mix of cybersecurity-focused big business, a critical mass of small enterprises and GCHQ-recognised academic excellence, promoted by the Welsh Government’s strategy, is presently located in my home city of Newport.

There must be an evaluation of the impact, over at least a six-month period, to aid the recovery of the economy after Covid, and residents of houses in multiple occupation should not be treated less favourably in any aspect that inhibits the rollout of this vital public service. While steps to improve rollout of new infra- structure to multiple-occupancy dwellings is welcome, I ask the Minister what plans the Government have to deal with issues in rural areas. I therefore speak in favour of the amendment.

[Lord Clement-Jones]

My Lords, the purpose of the amendment is extremely clear and should be welcomed by the Government. It is to ensure that the code is fit for the purpose of delivering the Government’s own manifesto commitment—and that personally expressed by the Prime Minister—of 1 gigabit per second-capable broadband to every home by 2025.

However, in the Minister’s letter to me about comparative rights of entry for different utilities—I thank her for it—she describes it as the Government’s ambition to deliver gigabit-capable broadband to every home and business “as soon as possible”; that is my emphasis. All of us, whether at Second Reading or in Committee, have described the importance of delivering what we must now call ultrafast broadband by any appropriate technology by 2025, particularly in the light of the demonstration through the Covid-19 lockdown of our increasing dependence for remote working, education and many other aspects of life on good broad- band connectivity, as the noble Lord, Lord Stevenson, described.

It is clear that the Electronic Communications Code needs regular review to ensure that this vital objective is met and that operators have all the rights of entry they need. It is all the more important given that, as all of us know, previous pledges and commitments have not been met—and, this year, we can hardly celebrate the arrival of a universal service obligation of a miserable 10 megabits per second.

I am glad that we have started a genuine debate around whether we can describe broadband as a utility and what the appropriate rights of entry are. The amendment is by no means prescriptive on the point, but it should definitely be a matter of consideration on review, particularly given that, unlike with electricity, gas and so on, the rights of broadband operators are only ever temporary in the code at the moment. The amendment would be an extremely valuable addition to the Bill.