Automated and Electric Vehicles Bill

Clive Efford Excerpts

2nd reading: House of Commons & Ways and Means resolution: House of Commons
Monday 23rd October 2017 Commons Chamber

[Mr Hayes]

Yes, that is true. Electric cars can be a different but altogether just as enjoyable an experience. I have had the opportunity of test driving an electric car. As a Minister, I have travelled very frequently in an electric car driven not by me but by the driver from the Government car service. Only in the past few days, I have had the chance to drive in one of the new electric taxis. To experience that is to see a different kind of future and to enjoy a different kind of driving experience. I do not think it is worse. It is certainly different, but better in all kinds of ways, as I shall explain.

[Clive Efford (Eltham) (Lab)]

Is the Minister going to set out the scope of the intelligence and decision making of the vehicles that he is describing? For instance, some automated vehicles are capable, in the event of an accident, of assessing the situation and deciding which course of events is likely to cause the least amount of injury. To what degree does the Bill cover the decision-making process of those vehicles?

[Mr Hayes]

The hon. Gentleman, with his usual assiduity, introduces into our debate the really important aspect of how autonomous vehicles develop over time. This morning, I was fortunate enough to be looking at autonomous vehicles and having a discussion with some of those engaged in the research and development that I described a moment ago. We considered the programming of an autonomous vehicle, for this is, in essence, a combination of developing the sophisticated software that helps to drive the car and the technological development associated with the running of the vehicle. In testing that software, a judgment needs to be made: how much do we want the autonomous vehicle to emulate what a human being would do if they were at the wheel, and how far do we want it to improve on what a human being would do? As the hon. Gentleman implies, many car accidents—in fact, the insurers tell us that it is 95% of car accidents—are in some way due to human error. If we could, let us imagine for a moment, eliminate that error, or at least reduce it very considerably, we would, as he suggests, completely change the profile of driving, reducing the number of accidents and making our roads safer. That is a big opportunity, and not one to be sniffed at.

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[Mr Hayes]

The research and development work I studied in detail this morning looked at hundreds of thousands of scenarios. The people developing these products are now engaged in exactly this process of designing software capable of anticipating all the variables that drivers might encounter. It is complex and challenging, but it is going to happen. The hon. Gentleman is right, however, that this is about doing as well as—indeed better than—a driver in control of a vehicle and therefore about making the vehicle safer.

[Clive Efford]

If in making a moral decision—for instance, between hitting a child on the road and careering into a bus—a computer decides that hitting a child is the less dangerous option, what comfort is that to the parents? These are major issues to which we need answers before we allow vehicles with these capabilities on to the roads.

[Mr Hayes]

That is the point I made earlier about how much we want autonomous vehicles to emulate human behaviour and how much we want them not to. It is a fine balance, but not one we can strike in legislation debated in this House. It will need to be considered further down the line, but it is not the business of the Bill to do so. The hon. Gentleman is absolutely right to raise the issue, however, because it is about whether we can get vehicles that we can be sure about and be confident in and which will then be purchased on the basis that people enjoy that certainty, so I am glad he has raised the issue. It is not one for the Bill, but it is not unreasonable to put it on the table as something to debate in the future.

I want to move to my conclusion. I have spoken about our desire to be a global leader in the production and use of automated vehicles. We all in the House have experienced the benefits that good access to transport can bring. We can continue to debate these issues without amaritude or contumely. As I said earlier, perhaps what moves me most is the fact that some people do not yet have that good access to transport. For the elderly, those with disabilities, or those who cannot drive, using the transport system can be tough, and that can leave them unable to enjoy opportunities that come easily to others. The Government believe strongly that we should act to improve this situation.

If autonomous vehicles make a significant difference to those currently disadvantaged by their inability to access transport easily, they will have done an immense service to our country. In August, we published our draft transport accessibility action plan, with proposals to improve the travel experience of people with disabilities, and a key part of that will be exploring the opportunities that new technology offers to make travelling easier for these people. It might be a while before vehicles can fully drive themselves, but when it happens it has the potential to be transformational—to improve lives, spread opportunities and enable a transport system that works for everyone.

Taken together, the two measures in the Bill will ensure that the UK is at the forefront of the most profound changes to affect road transport in over a century. In the spirit of opportunity that enabled my father to provide a good life for his wife and family, we will be driven by the common good. That means cleaner vehicles, easier travel and safer roads. Good Governments know when to step forward and when to step aside to let others imagine, innovate and improve how we live. Ours is an ambitious plan to support the invention, development and manufacture of new vehicle technologies and to build skills and jobs here in the UK.

Ensuring a transport system that works for everyone, now and in the future, means believing in a new generation of cars made available to all so that all might benefit from the chance to travel.

Our glorious past was made by those with the confidence to dare to dream; the will to make dreams come true; and the means to craft and create a future filled with wonder. When our reach extends beyond our grasp, we can do our best, be our best. That is the prospect before us. Now let us reach out to the future. I commend the Bill to the House.

[Karl Turner (Kingston upon Hull East) (Lab)]

I start by putting on the record my sincere thanks to the Minister—and I do not say that entirely for the benefit of his family in the Gallery; he always co-operates with the Opposition. We greatly welcome his collegiate approach, and we share his objective of making this the best Bill it can be as it passes through the House. We would, however, have liked more time between First Reading and today for Members properly to scrutinise the Bill. It is true that some of these issues were rehearsed during our debates on the Vehicle Technology and Aviation Bill, but we have new Members since the election, and they should have been given more opportunity to scrutinise the Bill. I accept, though, that that is not the Minister’s doing but another symbol of the Government’s weakness in having to push their non-contentious Bills to the fore.

We broadly support the Bill but have some concerns about the impact of some of its measures. We will press the Government on those and table appropriate amendments in Committee, but the Bill is crucial and we wish to support it. Part 1 deals with automated vehicles and insurance. Ultra-low emission and autonomous vehicles will play an important role in our country’s transport in the years to come, so it is right that the Government seek to address some of the issues relating to them. Last year, the UK automotive industry added £18.9 billion in value to the UK economy and supported 169,000 people directly in manufacturing and 814,000 across the industry and throughout the supply chains. Forecasters have estimated that the overall benefits of ULEVs and autonomous vehicles will be in the region of £51 billion a year and that they could create an additional 320,000 jobs. In the light of Brexit, supporting this industry will be vital to the future of our economy.

The uptake of ULEVs will also play an important role in tackling the air quality crisis, which reportedly leads to 50,000 premature deaths each year and hundreds of thousands of cases of respiratory illnesses. It is an air quality crisis that is choking many of our towns and cities but which the Government have failed properly to address. Labour in government would do better and—it is fair to mention, given the Mayor of London’s announcement on toxic vehicle charges today—does do better. These vehicles will also be vital to the UK meeting its climate change objectives, for which the Government currently lack a clear plan.

It is vital that we introduce the legislation needed to facilitate and encourage investment, innovation and the uptake of vehicles of this kind, but if that is to be possible, a definition of autonomous vehicles will be necessary. At present, there is no clear distinction in UK policy, standards and legislation between advanced driver assistance systems and fully automated driving technology. The Bill requires the Secretary of State to prepare, keep up to date and publish a list of all motor vehicles to be used on roads in Great Britain that are deemed to be capable of safely driving themselves without having to be monitored by an individual for some or part of a journey, and the definition of an automated vehicle will be a vehicle that is included in the list drawn up by the Secretary of State. We are concerned that this gives the Secretary of State the power to define what is and is not an automated vehicle. There is clearly a need for collaboration between the Government, manufacturers, insurers and consumers to develop a viable and practical system of classification to identify whether a vehicle should be deemed “automated” or “autonomous”.

The dividing lines between automated and autonomous vehicles are not always completely clear. The Government must give more details of the plans to classify vehicles as automated, and consult widely on the definition and criteria for adding to the list of AVs in the Bill. In Committee, we will press for that to be subject to secondary legislation. Resolving the issue of how automated vehicles can be insured is also essential if they are to become a feature on our roads, and we support the Government’s action to ensure that vehicles’ insurance policies facilitate that in the future.

We are, however, concerned about the potential cost to policyholders, and the contention over liability between manufacturers and insurers. It is imperative that, in the event of a technological failure in an AV, it is easy for consumers to establish quickly where liability rests, and to make a claim as appropriate. At present, insurance law in the United Kingdom is driver-centric: drivers must have insurance in order to provide compensation for third parties for personal injury or property damage. The Government intend to emphasise that if there is an insurance event, the compensation route for the individual is still within the motor insurance framework rather than through a product liability framework of a manufacturer.

[Clive Efford]

May I pursue the issue of insurance policies and who will be liable? In the event of a collision between a human-driven vehicle and a vehicle that is being driven by its computer technology, will the insurance company assume, given that 95% of accidents are due to human error, that the computer is right and the human is wrong and is therefore at fault?

[Karl Turner]

That is a salient point. I understand that responsibility for the fully automated vehicle would rest with the manufacturer.

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[Clive Efford (Eltham) (Lab)]

I welcome the Bill. I will concentrate my remarks on the issues surrounding automated vehicles, but I support all the points that have been made about electric vehicles, particularly those regarding compatibility and infrastructure. We do not want people to be inconvenienced by different connectors and things like that. That is an obvious point to make, but one that has been overlooked in the past and that was well made today. Clearly, it is a technology for which the time has come. The batteries have a longer life and the vehicles can now travel further as a consequence. The environmental benefits are obvious and the cost of the vehicles is starting to come down, making them much more accessible, so I very much support that element of the Bill.

One of the impact assessments that accompanies the Bill refers to “connected and automated” vehicles, but the Bill is silent on connected vehicles, and I wonder why. Maybe the Minister will touch on that. Perhaps I am being too much of a conspiracy theorist, but the topic of “connected and automated” vehicles opens up a whole different range of issues from the straightforward automated vehicles as I understand it. The Minister will correct me if that is not the case. The issue that concerns me is that the software has to make a whole load of decisions when it is operating or driving the vehicle. We have heard from the Minister, and it is accepted, that somewhere between 90% to 95% of vehicle accidents occur due to human error. What happens if a vehicle is under the control of the software and has an accident with a vehicle being driven by a human or with a pedestrian, and the technology is then checked and is found to have been in perfect operating order? Is it the case that the human is assumed to be at fault? We need an answer to that question because it will have an enormous impact on how insurance companies approach decisions about who is at fault and who should get a payout.

[Sir Hugo Swire]

Will the hon. Gentleman give way?

[Clive Efford]

I will not, if the right hon. Gentleman does not mind. I am trying to make a little bit of progress, but I may give way in a while.

The Minister said that he has visited the site in Greenwich that is testing automated vehicles. I was not there, but I heard of an incident where somebody threw a chair in front of the automated vehicle and the vehicle smashed into the chair. That raises the question of what would happen if a child ran into the road. Now, the accident with the chair may have happened even if the vehicle had been driven by a human. The chair may have flown out in front of the car far too late for the car physically to be able to stop, whether driven by a machine or by a human being. But let us imagine an incident where there is an automated vehicle on the road that is capable of making a decision about how to evade an accident.

If a child suddenly ran out in front of the vehicle, the software would be trying, in a split second, to make a decision about the safest evasive action, if any, to take in order to avoid running the child over. We are then immediately in the situation where a machine—a piece of computer software—is making a moral judgment. If we are to open ourselves up to the situation whereby connected and automated vehicles have to make such judgments when incidents or accidents are about to happen, we legislators have to be aware that such eventualities will come around. We must try, as much as possible, to be ahead of the technology, because one thing is becoming quite clear in the debate around emerging technologies: the huge companies are getting ahead of the regulators and legislators, and driving the barriers backwards.

Take, for instance, the recent situation with Uber in London, where the Mayor of London had to step in and take action. There are other examples of technology driving regulators to distraction and forcing us to catch up, such as Airbnb. In some cities, rents have been driven up because of the sudden availability of businesses and people hiring out their properties. Legislation has consequences and so does this Bill.

Automated planes fly on a daily basis; most of the flights that we all take are fully automated. The part of the flight that is controlled by a pilot only lasts for a few minutes. Many people do not appreciate the fact that most of their flight is now controlled by a computer. We are only a fraction away from technology whereby a plane could be flown without a pilot at all. If there were an incident and the plane had to be taken over by someone who is capable of flying it, that could be done from an air traffic control centre. We do not have to have the pilot on board. That technology exists, but the air industry is not imposing that upon us by removing pilots from aeroplanes because public opinion is so much against the idea of fully automated flights.

[Sir Hugo Swire]

But is not that exactly the same in other areas of the industry, such as driverless trains?

[Clive Efford]

Yes, but driverless trains drive on a dedicated track. My point is that such technology is not being implemented in an area where the possibilities already exist—pilotless planes. Yet we are prepared to roll out that technology on our streets and our roads, where quite a complex range of incidents could occur and where vehicles being driven by software will come into contact with humans. I accept that the technology is here. We will have to accept that there will be demand for these types of vehicles, not least driven by the huge companies such as Uber, which already has driverless cabs on the streets of Pittsburgh. We are seeing technology driven forward by these large companies, but we as legislators have to start looking at some of the issues that arise around the moral questions that may have to be answered by machines.

[Vicky Ford]

On the point about safety, nine out of 10 accidents today are caused by human error—often because the two drivers miscommunicate with each other. Does the hon. Gentleman not agree that one advantage of automated vehicles is that they can communicate with each other, thus avoiding accidents and making the world a safer place?

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[Clive Efford]

Yes, where the situation involves two vehicles, but they are not the only things on our roads, and they are not the only things a car or other vehicle can come into contact with. I accept the hon. Lady’s point that this technology can improve safety. We have heard a lot tonight about how we even expect premiums to come down. I think we have more chance of finding hen’s teeth, but the fact is that one of the expectations is that there will be fewer accidents, that fewer payments will need to be made, and, therefore, that that will be passed on to the consumer. I hope that is the case, but there is, none the less, a moral issue. Two vehicles may be about to collide—accidents will happen, and even the most ardent supporters of this technology accept that—but the question I am raising is about the software, which has been programmed by a human, as we have heard, making a moral judgment about the safest course of action to avoid the accident. Which path will cause the least injury and damage? That could involve the software making a decision about which individual gets hit—about whether to veer into the oncoming traffic or on to the pavement, or whether just to go straight on and collide with the other vehicle.

There is no question but that these situations will come about. I would therefore like the Secretary of State to have to list in clause 1 the types of technology that can be attached to these vehicles, so that we have some idea of where we are actually going and some control over that. This general reference to an automated vehicle does not allow us to consider the situation where this technology is placed on our roads and where moral judgments are made by a piece of software. We as legislators have to pay great attention to that.

I do not want to see the door opened wide to this technology by default as a result of this Bill. As the barriers are pushed back by this sort of technology, I would like the moral questions that are raised about machines making these decisions to come back to us, so that we can judge whether we are going in the right direction and whether that is where we want to go. I am not arguing against the technology, or arguing that it should never be applied. I am not suggesting for a minute that we should hold it back or deny the opportunities for our economy that developing such technology will open up. However, it is unavoidable that there are moral questions for us as legislators to answer about where we are going with this legislation and this technology, and I hope the Government are listening.