Automated Vehicles Bill [ Lords ] (Second sitting)

Debate between Gavin Newlands and Bill Esterson

Committee stage
Tuesday 19th March 2024 Public Bill Committees

[Gavin Newlands]

Thank you, Sir George. You say “in the middle”—I had barely started my remarks. [Laughter.] Thankfully, despite the rude interruption of Question Time and lunch, I have been able to add to them, including some quotes from the Cabinet Secretary for Transport. I thank my Transport Committee colleague, the hon. Member for Easington, for his help with that.

I was talking about working across borders, which undoubtedly makes good sense on issues like this, but as it stands clause 50 is not working across borders. It will mean government by diktat and by statutory instrument, rather than the democratic procedures that have been in place for nearly a quarter of a century.

I mentioned earlier that the UK Government have moved the goalposts on this issue. The policy scoping notes clearly state:

“Any future proposals to amend existing primary legislation will be subject to consultation with representative organisations before being laid before both Houses of Parliament (and/or the Senedd Cymru and Scottish Parliament, insofar as the regulations amend any act of the Senedd Cymru or the Scottish Parliament respectively).”

But the UK Government’s delegated powers memorandum states:

“The affirmative procedure will ensure that Parliament (as well as the Scottish Parliament and Senedd Cymru, where Scottish or Welsh legislation is amended) can closely scrutinise any regulations changing or clarifying how existing primary legislation applies to the user-in-charge.”

Obviously, there is no provision for scrutiny by the Scottish Parliament in the final Bill, but, as I said, the prior commitment means that it is not the SNP or rogue Scottish Government officials pushing the envelope and insisting on consultation and consent; rather, it is the UK Government reneging on their commitment to do so.

The Cabinet Secretary for Transport made it clear at the Scottish Parliament’s Net Zero, Energy and Transport Committee just this morning, as I have alluded to a number of times, that there are

“things that relate to offences under devolved legislation and offences that would be part of devolved areas, these are the areas that the provision would allow the UK Government to legislate on or make provision for in the future… we think it’s a genuine issue of concern.”

I would welcome the Minister addressing those concerns and committing to meeting the Cabinet Secretary for Transport at Holyrood to ensure that the broad co-operation on the rest of the Bill is continued in the wording of clause 50. When he responds, perhaps he could list the Acts that relate to transport in Scotland that might be impacted.

Amendment 9 would ensure that the term “relevant enactment” cannot apply to

“an instrument made under an Act of the Scottish Parliament”,

“an Act or Measure of Senedd Cymru”

or

“an instrument made under an Act or Measure of Senedd Cymru”.

In doing so, it removes the Secretary of State’s power to unilaterally amend Scottish primary legislation in respect of automated vehicles. Amendment 7 would require the Secretary of State to obtain the consent of devolved Governments before exercising the clause 50 power in relation to devolved legislation. Amendment 8 would extend the clause 50 power to Ministers of the devolved Administrations.

I will not bore the Committee by reading them out, but our amendments seek to remove this Henry VIII power entirely as it relates to Scottish or Welsh legislation, to add a requirement to seek a legislative consent motion from Holyrood or the Senedd, or to extend the same powers to the appropriate Scottish and Welsh Ministers. If this Government truly were looking to work in co-operation, they surely should not have a problem agreeing to look at this issue, but thus far they have shown no real inclination or desire to compromise on this fundamental point. I urge the Minister to accept the amendments in my name—or one of them, at least —and respect devolution and the elected Governments of Scotland and Wales and our judgment in making laws that best suit our countries.

[Bill Esterson (Sefton Central) (Lab)]

It is a real delight to see you in the Chair this afternoon, Sir George. I rise briefly to support what the hon. Member for Paisley and Renfrewshire North said about the important role of the devolved Administrations. He referenced the role of the Scottish Law Commission—and indeed the Law Commissions from all the nations of the United Kingdom —and its important work in producing this framework for the introduction of automated vehicles. He is quite right that the principle of consent on devolved competencies applies in this legislation, and I am very pleased that my hon. Friend the Member for Easington read out the relevant reference in the explanatory notes. The Government would not normally legislate on matters of devolved competence without that consent, and for that reason I think that the three amendments tabled by hon. Member for Paisley and Renfrewshire North deserve support. We will vote with him if he chooses to go for a Division.

[The Parliamentary Under-Secretary of State for Transport (Anthony Browne)]

Before I come to the amendments, I want to set out some of the background of clause 50 and why we think it is significant. This is all about the user in charge, which is a new legal concept that did not exist when existing traffic laws were drafted. Those laws come in a wide variety of formats and language, from traffic regulation orders to motorway regulations. The power in clause 50 can be used to clarify what is and is not the responsibility of the user in charge in particular enactments—what the user in charge, when a vehicle is in self-driving mode, is responsible for. That is vital to support clear public understanding of the division of responsibility and to make adjustments based on experiences from real-world deployments.

Clause 50 will also allow us to respond to technological changes; as self-driving technology improves, it may become appropriate to shift greater responsibility away from the user in charge. For example, in future, vehicles may be better placed to assess their own roadworthiness than the human in the driving seat. Crucially, the clause does not provide carte blanche for the Government to alter traffic legislation generally. It can only affect the scope of the responsibility of the user in charge, and it is limited to them.

That brings me to the amendments tabled by the hon. Member for Paisley and Renfrewshire North. I want to say at the outset that I completely respect devolution and the role of the devolved Administrations, and there is nothing in this legislation that is meant to change that balance at all. As he knows, there have been quite a lot of talks at the official level. I have had an exchange of letters with the Cabinet Secretary for Transport and, to answer the hon. Gentleman’s question, I am very happy to meet and discuss a way forward—hopefully there will be one.

The Government consider the user-in-charge immunity to be a reserved matter. That is because the Bill gets it authority from the Road Traffic Act 1988, and that is expressly reserved under the Scotland Act 1998. Clause 50 will predominantly affect the application of reserved traffic offences. There is a limited range of devolved legislation in this area, and the immunity will have only minor incidental impact on that legislation—it is very incidental.

More generally, public understanding and confidence will be key to realising the benefits of self-driving vehicles. It is vital that we have clarity and consistency across Great Britain about how these vehicles can be used and what individual responsibilities there are. I am interested to know the position of the hon. Member for Paisley and Renfrewshire North and the Scottish Government on that. We think that the first recommendation of the Scottish Law Commission, and of the Law Commission for England and Wales, was that as the public would not be able to understand different and partial immunities based on distinctions between devolved and reserved laws in different parts of the country, there should be the same rules for user-in-charge immunity when crossing the border from Scotland to England, so that drivers do not unintentionally break a law as they do so.

--- Later in debate ---

[Bill Esterson]

Further to that point of order, Sir George. I thank you and Mr Vickers for chairing our sessions. I think this Committee is possibly unique in the history of Parliament in that the Chairs, between them, have possibly spoken for longer than Members in moving through the agenda—in a thoroughly appropriate way, I hasten to add. It is a pleasure to have my predecessor in the Chair for a Committee such as this; I took about half of my constituency from you in 2010, Sir George.

I add my thanks to the Clerks, the officials and the Law Commission for their work and for getting us to this stage. We have set the framework for an important future piece of legislation. Birthday wishes to the 14-year-old daughter of the hon. Member for Paisley and Renfrewshire North, too. I thank all Members for their contributions today and on Second Reading, and I look forward to Report.

[Gavin Newlands]

Further to that point of order, Sir George. On behalf of my daughter and me, I thank all members of the Committee and the Minister. I look forward to engaging with him further on clause 50 as we move through this process—that is my hope, anyway. I thank all hon. Members; Mr Vickers and you, Sir George, for your chairship; the Clerks for their assistance in drafting amendments; Hansard, and the Doorkeepers. I also thank the hon. Member for Easington for allowing me to move a section of my speech on clause 50 beyond the 11.25 am barrier this morning. With that consensus and positivity, which is unusual in these quarters of the House, I will conclude.

Automated Vehicles Bill [ Lords ] (First sitting)

Debate between Gavin Newlands and Bill Esterson

Committee stage
Tuesday 19th March 2024 Public Bill Committees

[Bill Esterson]

It is a pleasure to see you in the Chair, Mr Vickers, for our consideration of this Bill, which I think it is fair to say has broad, cross-party parliamentary support. It will be encouraging over the next however many hours we are in Committee to look at the potential to strengthen it.

There is huge potential for the economy in the safe transition to automated vehicles, but it is important that we recognise that this remains a largely undeveloped technology and we are trying to predict what will happen in the future. In our deliberations, it will be important that we try to set the strongest possible framework for what is likely to be needed. The detailed work of the Law Commission gives us a good start, and what we have been presented with from the Lords improves on that work.

Amendments 19 and 20 in my name relate to the critical area of safety: they seek to set in primary legislation the strongest possible safety standards. They would amend the standard of safety from “acceptably safe” to “high”, and amend the definition of “legally” to refer to “very low risk” rather than “acceptably low risk”. That is important because we are trying to anticipate what might happen and to minimise the risks and potential problems.

When similar amendments were debated in the Lords, the Government’s response was that such

“phrases…are open to…interpretation.”—[Official Report, House of Lords, 10 January 2024; Vol. 835, c. 63.]

It occurs to me to ask: if things are open to interpretation, who is going to decide? Invariably, that will mean going to the courts. We are trying to minimise the potential for that to happen.

The Government were quite happy to accept the amendment to the phrase “careful and competent driver” —we very much welcome that, which will reduce the number of things that are open to interpretation—so I wonder why they were not prepared in the Lords to accept amendments similar to these. Perhaps the Minister will answer that question in his response.

“Careful and competent” itself was only established in case law; it is not in statute. That is being left to the courts as well, and is open to further interpretation. We will return to that point with later amendments, because we are trying to minimise the risks of leaving things open to interpretation. This is a good example of where an advisory council, which was the subject of much debate in the Lords, could make recommendations to address the uncertainties that exist in legislating for the unknown, in the way that we are invariably having to do with primary legislation for technology that is yet to be developed.

I would be grateful for the Minister’s response on these points. The amendments attempt to reduce the risks of leaving things open to interpretation. We want the highest possible standards set out as early as possible to enable this technology to be developed as safely as possible.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

It is pleasure to serve with you in the Chair, Mr Vickers. I thought it would be helpful for the Committee to start with some good news. The SNP and Scottish Government are generally supportive of the Bill and I will not seek to detain the Committee over the course of however many days we debate it with superfluous speeches, reading out explanatory notes and so on, until we get to clause 50, which I will get my teeth into—I am sure the Minister will be aware of that. However, I reserve the right to intervene in support of any of Labour’s amendments, which I am doing now, or indeed when I think the Minister is talking cobblers, which hopefully he will not be doing.

That is the good news. With that, I very much look forward to the Minister’s answer about what actually is acceptably safe.

Oral Answers to Questions

Debate between Gavin Newlands and Bill Esterson

Monday 9th January 2023 Commons Chamber

[Bill Esterson (Sefton Central) (Lab)]

2. What assessment he has made of the potential impact of changes in the level of (a) interest rates and (b) inflation on regional inequality.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

11. What recent assessment he has made of the impact of increases in inflation on the adequacy of levelling-up funding.