Automated and Electric Vehicles Bill (First sitting)

Graham P Jones Excerpts

Committee Debate: 1st sitting: House of Commons
Tuesday 31st October 2017 Public Bill Committees

[Iain Stewart]

Q If the upgrade is so safety-critical that the car will not function without it having been installed, is that something we should put in the Bill?

David Williams: My understanding is that that sounds very good in principle, but how do you define that extent? Many upgrades might have a degree of safety- critical improvements in their nature. How would you define the seriousness of the upgrade?

Ben Howarth: Clause 4(6)(b) is a definition—that feels to me like it means that it is unsafe to use. If you started saying at this stage a car must be immobilised, we would potentially be legislating for things that we do not know the manufacturers will do in every circumstance. There might be times when the car could move. It might be safe to move it at 20 miles per hour or so—I am just speculating. Is it right to put it in the Bill at this stage? I would definitely say that it is something that needs to be carefully defined and thought about when you create the list of automated vehicles. I know we keep coming back to “the list is everything”, but I think the list is the mechanism by which many of the potential problems of the Bill will get solved.

[Graham P. Jones (Hyndburn) (Lab)]

Q I am interested in the collection, retention and distribution of data and also the issue that has just been raised by my colleagues about the software prescription; whether it will be prescribed that software must be updated and all the problems that might ensue from that.

Let me lay out an example and ask your view of the Bill. If somebody switches to manual from automated and is involved in an accident while in excess of 30 miles per hour. What happens next? How much of that data becomes available in the case that ensues? For instance, I presume that speed would be used, but what about the on-board cameras or anything else? How much of this data will be kept, retained and used from the functions of the vehicle for a case in which there is an accident with a driver in manual mode? Does the Bill provide a robust framework for accidents and insurance claims and what about road safety? Will it enhance road safety or are we stopping at legitimate information for insurance companies? Should the Bill also include data made available so that road safety is improved?

Iwan Parry: The basis of the question is around the availability of data. My technical background is in forensic accident investigation and in order to investigate accidents—to get to the root cause—we need to start at the before-accident period and understand as much as we can. We are limited today to things such as skid marks, as David referred to earlier, as the tools to reconstruct those accidents. The kinds of data that are potentially available from electronic vehicles increase the amount of data significantly. With the cameras, radar, lidar—light detection and ranging—and ultrasonic sensors we can get a very clear picture of what was going on around the vehicle at the time of an incident. When we look at the consequences of an incident, we can put the two together and have a very clear understanding from establishing liability and whether that indicates that the vehicle in some way behaved unreasonably—or that the driver, pedestrian or cyclist that it was interacting with behaved unreasonably given the context of the situation. That gives us the information that would allow us to make a determination on liability. I think that is critical to insurers, to police investigating such incidents and to road safety in the future.

To advance the future legislation on autonomous vehicles, we will need a method to understand what is going wrong in the real world. We will also need a method to use that information to improve our understanding of vehicle functioning in the real world and how that can be improved by manufacturers or by legislators applying the right tools to ensure that vehicle performance is improved over time.

Ben Howarth: If I could add the insurance perspective on that, for what we need to do for this Bill—to establish whether the car was in automated or manual mode—we need a fairly limited amount of data. You mentioned speed, but we do not necessarily need speed to do that. We just need to know whether it was in automated mode. There are potentially lots of other uses for car data for the police and for accident investigators. In a disputed claim with contradictory evidence in court, you could find it a lot easier to solve cases with data, but I would draw a distinction between the data that insurers need to make this Bill operational and the data from cars that would be useful to understand claims. That might be a valid concern for vehicles not covered by this Bill; as cars get more technically sophisticated with more assisted functions, you might want to understand more about how it works for any car. I think whether it is reasonable to ask for data is still best managed via a judge.

It is also important, if we want the data, that manufacturers record it. My understanding is that at the moment, if you hit a pedestrian in an accident, you will not necessarily trigger an airbag so the data that the car keeps on a rolling basis are not automatically recorded or stored and they would not be available. As part of the work to define an automated car, we need more clarity about what data are recorded and stored and about the process to ensure that the data are sent to the right people at the right time. An insurer is one party that would want some of the data.

[Graham P. Jones]

Q I am interested in your final comment that there needs to be discussion about what data are kept—perhaps the Bill does not go into that in detail. Road safety is important, and some of the data could be used to improve it. I have concerns, therefore, and I ask the question again that you partially answered: does the Bill provide a robust framework for improved road safety through data retention, collection and distribution, particularly with insurance companies? You answered by saying that perhaps it does not, but I wonder what the other two think.

David Williams: My view is that the Bill undoubtedly aids road safety because it will encourage the use of safer vehicles on the roads, but in terms of data, no—the Bill does not have a robust framework for provision, storage and transmission of those data. I think that is partly because of the stage that we are at. Some things are contentious and some are not. Data sharing is really contentious, whether because of general data protection regulation or because motor manufacturers are concerned about infringement of their intellectual property. We are very keen for there to be some clarity about the storage and transmission of data, the form that data are transmitted in so that they are useful, and the speed of transmission—there is no point us getting the data three months later. That is not in the Bill.

When we had the original discussions, we talked about data. We were still forming our opinions about what data would be required—as I say, that is very contentious. Our view was that it was better to support a Bill that would be part of a rolling programme of legislation and acknowledge that more needed to be done on that data piece than to delay it. We feel that delaying connected and autonomous vehicles hitting our roads would have a negative impact on road safety.

[The Chair]

Waiting to ask questions, I have Sir Oliver Letwin, Craig Tracey, Alan Brown, Edward Argar, Scott Mann and Sir Greg Knight. Is there anybody else? Clive Efford, you wish to come in with another?

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[The Chair]

I have Scott Mann and the Minister. Does anybody else want to ask this particular panel a question?

[Graham P. Jones]

Yes.

[The Chair]

I have got Graham as well. I will take you next, Scott.

[Scott Mann]

Just a simple yes or no.

Diana Holland: The potential is there, but it is not automatic unless a range of other things are followed up at the same time. It would be fantastic to find ways of developing this so that there is social inclusion for both rural areas and for disabled people, who are currently denied opportunities, but it has to be part of an overall approach to an integrated transport policy. Otherwise there is a danger that we just end up replicating congestion of one kind with another, with different insurance. However, there is a way of using this to develop a whole range of things, including much broader social inclusion.

Rob Johnston: I would add, as I did earlier, that if we are providing transport mechanisms, whatever they look like, for individuals who cannot drive for whatever reason, we need to provide a transport mechanism that allows the transport method to make decisions for them. That needs to be regulated and we need to be confident that the decisions being made by that vehicle, whatever type it is, are the right ones. That is determined by the algorithms and software behind it, so we need to have confidence that those are right. That is because you could potentially take vulnerable people and put them into a vehicle they are not in control of.

[Graham P. Jones]

Q What impact will the Bill have on employment if it goes through?

Diana Holland: Again, it does not have to have any impact on employment in terms of the two relatively minor areas that it could be argued that it covers; but the potential is there to enable a wholesale change to a different method, and ultimately saying that the professional driver no longer has a role. There are extremes in approaching this. We would say that it does not have to do away with employment, but plenty of estimates have shown that if it is introduced in one way, that is the effect it will have.

Our immediate concerns regarding the phrasing of the Bill are on the impact on those people currently employed, or under a range of contracts, and responsible for a vehicle, who would find themselves potentially liable in a way that we hope is not the intention. We really think that needs to be looked at to ensure that it does not encompass all kinds of people who we do not think should be liable in those circumstances. There are specific concerns around taxi drivers who own their own vehicles. There are issues around road haulage, where certain people are required to establish themselves as a limited company or to be self-employed to have jobs, but the definition bears questions. We need to ensure that we are not extending liability here beyond where it ought to be, when the operation is run and owned by a third party.

Rob Johnston: If I can briefly add to that answer, KPMG produced a report that said there are potentially 25,000 additional jobs directly working in the automation industry by 2030. A potential 320,000 jobs that could be created, but there is a caveat to that: Government policy is needed to address the growing skills gap, otherwise there is a risk of losing more than £50 billion in GDP per annum. Those are statistics provided by the transport systems Catapult.

[Mr Hayes]

Q Finally, I want to return to Mr Turner’s point on skills, which I nodded vigorously at, as he noted. Presumably to facilitate the discussion you are suggesting—the bigger debate about the transport future—it would be helpful now to begin dialogue with the FE sector and with manufacturers on apprenticeship frameworks. That is beginning. As you described, Rob, you are having those kind of discussions, but I am of a mind that the Government should now facilitate some more of that. Would you welcome that? I am inclined to take the view that while it is true that we cannot exactly predict either the character or timing of the technology, initial discussions of the kind that you proposed would be helpful. Is that about right?

Adrian Jones: Yes, I would certainly say that we would welcome the opportunity. While the date for roads full of fully automated vehicles is an unknown, as is the impact, our members already have concerns. In manufacturing, the apprentices needed are not engineering apprentices in the traditional sense; they are software engineer apprentices. In road transport, we have fitters and engineers who are up to their elbows in grease, but in just a few years’ time they will be up to their elbows in keyboards, iPads and screens, which is a completely different skillset.

We also need to recognise that there is concern about skills. As you know, Minister, there is a widespread acknowledgement of a driver shortage in the UK. You already know my views on that. Our members already have concerns that the technology is being used as a smokescreen in effect to say, “We can use this technology to address that skills shortage”, but it will not do that, because employers will see it as a way of reducing cost, rather than filling the skills gap.

One expert that I heard on the venerable Radio 4 was asked about the job shift of a bus driver when that bus was fully automated. The expert said, “Jobs will be created. There may be a café on the bus and they could work in the café.” That is not comparable work. Yes, it is a job, but going from a skilled position to working in a café—no disrespect to any café workers—is not maintaining a standard of living or the same income to that family or the Treasury. There has to be a real debate now, not only on the future, but on the impact that new technologies are having on the transport industry and workers today.

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[Mr Hayes]

Q And you hope that Her Majesty’s Opposition will move an amendment on the provision of coffee, do you?

Robert Llewellyn: A bit of coffee. Or a herbal tea.

[Graham P. Jones]

Q Robert, you are a great enthusiast for automated and electric vehicles, so the Bill must please you no end. I have just a broad question and then a specific question. Broadly, what is missing from the Bill? We heard from Unite about integrated transport, rather than this just being about the relationship between the driver and the vehicle via the insurance company, as well as some other small matters. So on the bigger issue, what do you think is missing? What would you like to see if you were the Minister in charge?

I want to ask a particular question at the end about vehicle variations. Does the Bill accommodate what we will see in the future? I believe we will see different types of vehicle variation, because there will be electric vehicles instead of just the four-seater saloon car.

Robert Llewellyn: There are three things that would be wonderful. I am definitely not an expert, but when you have seen this you can see how popular it is: community electric car sharing/ownership/use. When those little systems organised by local communities appear, they are very popular with the local community. I have seen this in small towns rather than big cities.

[Graham P. Jones]

Q Boris bikes for villages.

Robert Llewellyn: Almost, yes. Also, they would have a dedicated place where you would park and charge them, so you would remove that problem. There are a lot of benefits to that.

The thing I have not seen in the Bill, which is a vitally important part of this, is vehicle-to-grid technology, which is appearing rapidly. It has an enormous impact, potentially, not on vehicles but on the grid. Say there were 3 million electric cars plugged in overnight, that would be a staggering amount of electricity—a very large power station’s worth of stored energy. You only need take a small amount from each vehicle. That technology is available now, not much in this country but it is certainly being used. I have been—I am trying to keep this pithy—to an office in Tokyo that is run by 100 Nissan Leafs that are plugged in outside. They do not use electricity from anywhere else. Those cars are discharging and charging all day, with a guaranteed amount for the owner to get home at night. So that technology already exists.

On fast charging, from my experience of driving many hundreds of thousands of miles in electric cars, slow charging is really good. Destination charging is really good. When you go to a car park and you are there for two hours topping up, it is not rapid charging, not “Gotta fill it in 10 seconds”. That, in a way, is a petrol or diesel mentality: “I’m driving a really long way. I need to fill it really fast”. You do do that, but way less than you might expect—way less. I use a rapid charger 15 or 20 times a year.

But if I can go to a car park where I can just plug the car in while I am in a meeting, or have gone to the movies or to a restaurant, and I add 20, 30 or 40 miles, that is an enormous benefit. Having more places where you can do that, more car parks with chargers fitted—that you ping your card on to pay for the electricity—would be a fantastic change. Those are emerging, and every time I can use one it is an enormous benefit. Two or three hours gives you 20 or 30 miles. You think, “That’s not very much”—well, it is 20 or 30 miles.

[The Chair]

I think we have got the message.

Automated and Electric Vehicles Bill (Second sitting)

Graham P Jones Excerpts

Committee Debate: 2nd sitting: House of Commons
Tuesday 31st October 2017 Public Bill Committees

[Mr Hayes]

Q So Mr Wong thinks we should have a co-ordinated national strategy, whereas you think that the market should prevail. Is that the difference between you?

Brian Madderson: Yes, I think it is good to have a market strategy, but you would certainly need to have proper funding available to not only small retailers but large retailers as well. By this, I mean the independents, certainly. The big oil companies today count for relatively few of the total number of filling stations—less than 15%—across the UK.

[Graham P. Jones (Hyndburn) (Lab)]

Q Obviously, you represent the motor manufacturers, and I am concerned about the shape and size of vehicles going forward and the adequacy of the legislation. My hon. Friend the Member for Kingston upon Hull here has, I think, a Twingo—do you have a Twingo?

[Karl Turner]

A Twizy.

[Graham P. Jones]

Twizy—that is it. I notice even on the continent, particularly in urban areas, we are getting smaller and smaller electric vehicles and cars driving around. Is the legislation adequate for the type and size of electric vehicle that might come on to the market? What changes do you see, for example? How will an automated vehicle work when you add a trailer to it or make some other changes to it? The shape, size and form of vehicles is probably going to change, as you are well aware, so will the legislation be adequate for those vehicles to be on the road when they are automated—of course, when they are operated by an individual manually, there is a human choice—and the automation is making choices?

Steve Gooding: I will start with a very short answer, as the Chairman seeks, which is no. But that is because this is a very immature market. We do not even have the vehicles in the marketplace yet. Having also driven a Twizy, which is great fun, I think the construction and use standards, based on a mechanical testing of roadworthiness, should be sufficient for most of the concerns you are voicing, but they are certainly not sufficient for guaranteeing the roadworthiness of the autonomous software systems; you are going to need something new for that.

When it comes to the size of the vehicle, again, their crash-worthiness, for example, needs to be tested in the circumstances in which the vehicle will be used. Maybe then there will need to be something in addition either to prevent or constrain what other purposes—whether it be towing a trailer, a caravan or whatever—are appropriate for that vehicle.

[Graham P. Jones]

Q It is not just that. What if I set off with a trailer in manual mode but I suddenly decide to be sneaky and switch it over to automated and go to sleep? There are a whole bunch of issues around the change in form, shape and size of vehicle and going between manual and automated.

Steve Gooding: I would say a similar thing as to Mr Efford: as a consumer, if I am being invited either to travel in one of these vehicles because it is the equivalent of private hire, or to buy one, I expect to buy something that has been certified as safe for the use to which it is going to be put. If it is inappropriate for me to hitch a trailer to it and use it in autonomous mode, that had better be made clear to me at the point when I buy it.

[Mr Hayes]

Q I have one further question, on a slightly different subject. This morning, we talked about how these developments will change the nature of the skills required. Steve 1, if I may call you that, mentioned that earlier. Presumably you will also acknowledge that it will give rise to new skills. There will be a shift in skills and new kinds of jobs and skills will develop. Is there not an exciting prospect of a whole range of new competences coming as a direct result of this technology? Is that fair?

Steve Nash: Absolutely, yes. There is probably more opportunity than threat from the new technologies. We are interested in ensuring that those skills develop in the right way. If you look at autonomous vehicles—I mentioned electric vehicles earlier—we only know as yet what manufacturers have said about their plans in the future. It may well be, for example, that when we get to level 5, or even level 4, a lot of those vehicles are not sold in the way that they are sold today. A new electric vehicle was launched a couple of weeks ago by a new brand called Polestar, which is owned by the same people who own Volvo. They say that the car will be sold on a subscription model, so it would remain within the possession of the manufacturer.

There is a lot of road to cover between now and then. Whoever is looking after those cars—I have already talked about electric cars, but when we get to autonomous cars as well—they will still have accidents. Things will drop on them and things will happen to them that are not caused by the car. When they are repaired, we have to be assured that they are repaired to a standard that returns them to exactly the same capability they had before the accident, which means we need people who are certifiably competent to do that. That is where we are interested in seeing some clarity.

We have cars with quite substantial autonomous capabilities already—Tesla is a good example—and I have seen second-hand examples of them that have gone beyond the dealer network. You have to wonder about the competence of the people who will work on that car—I am not saying that they are incompetent, but I do not know that they are competent. When someone next engages the autonomous capabilities of that car, will they do the things they are supposed to do? We cannot just leave that to chance. We have to be sure that there is some way of assuring ourselves about the people who work on them. This is not like the days when there was somebody who was “a bit handy”, as I think the phrase used to be, and you could give your car to them and they could look after it. This is a paradigm shift. We need to move with that and recognise that these cars, even though they have four wheels and look a bit like the cars that we have today, are entirely different. The skills base needs to be elevated to deal with them because they are an entirely different prospect.

Automated and Electric Vehicles Bill (Sixth sitting)

Graham P Jones Excerpts

Committee Debate: 6th sitting: House of Commons
Tuesday 14th November 2017 Public Bill Committees

[Mr Hayes]

Well—

[Graham P. Jones (Hyndburn) (Lab)]

rose—

[Mr Hayes]

Before I give way, I will quote Ruskin. I know that the hon. Gentleman will want to be informed by that before he contributes. Ruskin said:

“Quality is never an accident. It is always the result of intelligent effort.”

The effort required is of a scale and of the kind that my right hon. Friend the Member for West Dorset mentions. I shall be able to offer extra, exciting news in a few moments.

[Graham P. Jones]

I am more likely to quote Rousseau than Ruskin. To take the point made by the right hon. Member for West Dorset and talk about it practically, in my constituency 50%-plus of properties are terraced and the lamp standards are set back, not kerbside. That causes a difficulty, because even if we were to fit charging points, we would still have trailing wires. We therefore have all sorts of issues about how we interconnect a property with the kerbside when the lamp standard is set back towards the property, not the road.

By 2040, of course, all vehicles will have to be electric vehicles. The houses will still be there—we are not going to demolish or reconstruct them—so there will have to be a process of adaptation between now and then. The right hon. Member for West Dorset was talking about 10 million charging points and 20 million cars, and I do not think he is too wrong. Who knows? With smaller vehicles, there may be more vehicles than that. How does the Minister envisage resolving that?

One thing the Minister could do, though it would not bridge the problem of open wiring and cabling from a property to the kerbside, is on parking bays. One of the problems in terraced areas will be the competition for parking outside. If a person has a charging point on their property, with the Government having alleviated the problem of cabling across the kerbside, they still have the problem of accessibility when they come home. The Government need to consider how the charge is transferred from the property to the roadside and how to prioritise, because someone who has just bought an electric vehicle will want to be able to park outside their house to connect the cable up at the shortest point. Those are issues the Government need to consider. When we look at the scale mentioned by the right hon. Member for West Dorset and where the volume of terraced properties is like mine at 50%-plus, we see there is a major challenge for the Government.

[Mr Hayes]

Yes, and one might say, paradoxically, that the challenge is both urban and rural. In many urban areas, people may not have convenient roadside parking, while in many rural areas people may live remote from main arterial routes and therefore major retailers. The Bill mentions major retailers, and I want to deal with that in greater detail. The point was made by the hon. Member for Kilmarnock and Loudoun in considering the previous incarnation of the Bill—the first Bill that dealt with these matters, which never came to fruition because of the general election—that rural areas in the north of England and Scotland and elsewhere could be disadvantaged if charging points are focused on main routes and urban places. I want to deal with that in my remarks and the subsequent actions I take.

The hon. Member for Hyndburn is right that there is a technical challenge in making sure that the infrastructure is in place to deliver the charging points. There is also the planning challenge. My right hon. Friend the Member for West Dorset describes the efforts of Wandsworth and Kensington and Chelsea as just the beginning. Those were not his words, but I want to ensure that no one felt he was being critical of those brave local authorities.

Yesterday, I met the Secretary of State for Communities and Local Government and discussed this with him. In two respects, planning is critical. It is very important that we ensure that, first, electric car charging points are part of any application for new housing—an implicit part of new developments—and secondly, in respect of local authorities, we achieve greater consistency in the provision of charging points for the very reason that my right hon. Friend gave. The numbers involved require all local authorities to consider them and act on those considerations, or we simply will not get enough charging points—or, just as seriously, we may get them clustered in certain places and absent in others. That will not build the confidence we require to encourage the purchase and use of electric vehicles.

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[Mr Hayes]

Let me be crystal clear: I have no intention of being behind the curve. I am not satisfied to be on the curve, we are going to be ahead of the curve. That is why we must think about housing developments and local authorities but, more than that, about workplaces. I want the Committee to know that the Government have already put into place grant funding to encourage workplaces to put charge points in place, so that people who do not have easy access to a charge point on the street and have not charged at home can charge at their place of work.

I want every local authority in the country to know that there is grant funding available for on-street charge points and I encourage them all to apply. We are not simply speaking of regulations or guidance that encourages or obliges them to consider these matters. We are prepared to help to fund this roll-out.

Workplaces, homes, local authorities, on-street, working across Government—this will not simply put us ahead of the curve, it will make us a leader in this field. I personally am not a laggard, and neither are the Government.

[Graham P. Jones]

I am grateful to the Minister for giving way. He raises a good point: it is desirable to have charging points in workplaces, and I hope the Government will follow through on the Minister’s advice. People do not want charge up at home. There is obviously an issue there: the energy is coming from their own power point and, even if they have solar panels, they will be at work during the day when the sun shines and their vehicle is more likely to be at work. So the workplace is a great place for people to charge electric vehicles. That is desirable in the UK because if we are charging during the day—most people work during daylight hours—it will be from a renewable energy source.

Let me will just return to the Minister’s point about local authorities. My local authority is about to implement a planning policy making charging points automatic in every new build. They are progressive, but they are still left with this legacy. I put this to the Minister today, in my constituency of Haslingden and Hyndburn—where 50% of homes are terraced houses and the lampposts are set back—what incentive do people have to buy an electric vehicle when they cannot charge it at their property? Either they cannot get an access space, or they would have to run a cable. There is the technical problem of running a cable from the property to the car. What is the Minister’s response today, to get the electric vehicle market growing, and to get it growing in constituencies like mine?

[Mr Hayes]

It is straightforward: greater interoperability, greater shared and common access, consistency about payment method, and much greater availability—in homes, on streets and in workplaces. We simply have to have a step change in volume, but a fundamental change too in the ease of use of charge points.

It is true that most people who currently have an electric vehicle, for most the time, charge at home, and typically they charge overnight. That point was made earlier in the debate. But unless people have the confidence that they can charge straightforwardly elsewhere—with a system they understand and a payment method that is easy to use—they will not have the confidence to purchase or drive an electric vehicle. We see this as absolutely critical to our bigger ambitions for low emission vehicles, which is why we introduced the Bill. The whole purpose of the Bill is to address one of the principal reasons people might cite for not switching to an electric vehicle.

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[Mr Hayes]

This part of the Bill facilitates a regulatory environment that would allow us to address a range of challenges. The Bill anticipates regulations, though I do not yet know whether this needs to be done by regulation or whether it can be done by other means. I wanted to highlight that I share the hon. Gentleman’s concern. I know that the Committee felt that there is, not a risk or a likelihood, but a possibility that we might end up concentrating charge points, even though they are interoperable and easily accessible and wonderfully recognisable and beautiful, and that rural areas would consequently be at a disadvantage. I will look at the matter closely and see whether we need regulation, or whether we can use other means.

I must say a word about amendment 3, as it is the subject of the debate. The hon. Member for Kingston upon Hull East suggests that we require the Secretary of State to consult charge point operators and vehicle manufacturers before regulating. I can absolutely assure him that we will be consulting charge point operators and vehicle manufacturers before we make regulations. He has my certain assurance that that consultation will take place. I do not feel that the amendment is necessary, because it is implicit in the way in which the Government will go about their work. Ruskin said:

“Remember that the most beautiful things in the world are the most useless; peacocks and lilies for instance.”

That does not mean that useful things must be ugly. It is perhaps true that the most beautiful things are useless, but let us make useful things as beautiful as they can possibly be.

[Graham P. Jones]

Presumably, Sir Edward, with your permission, we are also speaking to clause stand part?

[The Chair]

I think we have had a very discursive and wide-ranging debate. If the hon. Gentleman wants to add anything, he should speak now.

[Graham P. Jones]

The clause states that the Secretary of State will make regulations on these matters. What is the timeframe for this and what is the process? Who will be involved in some of these decisions and in formulating some of the ideas? When in the near future will some of these regulations be laid? As I said earlier, 50% of the issues for my constituents are simple technical matters: terraced property, road and the kerb that sits in the middle. When will the Secretary of State bring forward the regulations in clause 9 and who will be involved in that?

[Mr Hayes]

Well—

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[Mr Hayes]

Let me deal with that first. I wholly agree that the regulatory powers we have taken are designed to produce a common payment method. That is very important. As I offered a moment ago, we will engage with the industry to work to that end, but we could use these powers to oblige that. It is intolerable that people might turn up thinking they could charge their vehicle, find that the charge point was compatible because of the steps we have taken, and then find that they had to have pre-booked, prepaid or have a special card to do pay. It is probably right that we go for a pay-as-you-go method, but I do not want to be definitive about that. Let us have those discussions to achieve the end my hon. Friend suggests.

On the other matter, will the hon. Member for Hyndburn remind me what he said? I have now waxed so lyrical that I cannot remember.

[Graham P. Jones]

It was about the process and the involvement of the regulations that the clause says the Secretary of State will introduce. When are we likely to see them? Fifty per cent of my constituents have a technical problem that could be resolved quite soon. Perhaps the Minister’s office and the regulations might resolve that for them.

[Mr Hayes]

I know that when I display my scepticism about the free market, it excites my Opposition friends whose views on such things are closely aligned with mine. I have to say, however, that the market is not entirely undesirable. We hope that through co-operation and collaboration, consultation and discussion, we can bring about a happy series of outcomes. We want to work with manufacturers and industry to ensure that we get to the destination that we all seek, but the regulations ensure that if we do not get there, we take the powers. My view is simple: we will introduce regulations when it is necessary to do so. We will not regulate unless we have to. As my right hon. Friend the Member for West Dorset said, there seem to be persuasive arguments that if we do not establish the ability and, in some instances, the actuality to do so, the market will not necessarily deliver all these outcomes, but that is a matter to gauge when we see how things develop. The important thing is that the Committee can be proud of putting in place the means by which Government can do just that.

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I hope that the Minister will use this opportunity to address some of those concerns. As I said, I do not intend to push amendment 4 to a vote.

[Graham P. Jones]

The Minister talks about Ruskin, and a quote from Rousseau comes to mind:

“What wisdom can you find that is greater than kindness?”

That probably sums up the Minister’s efforts in Committee, and I greatly appreciate the tone and manner in which he always conducts Bill Committees in which he leads for the Government.

I want to take up the comments of my hon. Friend the Member for Eltham, who said, “Why just fuel stations?” It seems a good question. If the Minister and the Government can regulate for the imposition of charging points at fuel stations, why not do so for other places? My hon. Friend talked about workplaces, which seem an ideal location, for many reasons. They may be able to capture renewable energy, for example—and people spend a lot of time at workplaces. Why not retailers? If we are going to have fast charging, why not in a big car park, with plenty of space? Sometimes fuel stations are a bit more limited in the space that they afford the motorist. In fact, they are very limited in some cases, particularly in metropolitan areas. Why not public spaces? Why not encourage a whole new enterprise culture whereby people provide, in open spaces, charging points? Why is it just fuel stations?

I am concerned that this seems like a restrictive practice. We are accelerating an advantage for fuel stations, rather than thinking about the benefit to the nation of rolling out as many charging points as possible, as the right hon. Member for West Dorset has said numerous times this afternoon.

There is another disadvantage that ought to be mentioned in restricting the acceleration of charging points. For those homeowners, middle or upper class, who have off-street car parking, a drive and a garage, and are probably charging off the solar panels on the roof or can even afford to charge out of the mains grid at home, that is fine. However, restricting access will result in poor people in my constituency paying a price. If those in a detached or semi-detached house with off-street car parking are charging a vehicle using renewable energies or using the grid, then they will be doing so at a cheaper and more affordable price. Over 50% of my constituents live in terraced properties, and there is no way that they can access a domestic charging point. It is not there. They would have to use a commercial charging point, and there is a cost to that. We are imposing a cost on the poorest people: the cost of moving the vehicle to the location wherever that is, the cost of leaving the vehicle there, and then the cost of paying for that service. The middle-class or wealthy person in my constituency with a drive and off-street car parking can, however, enjoy all the advantages of a home consumer.

We are making regulations for only a few places, but I urge the Minister to see that there are far-reaching consequences to the policy. My hon. Friend the Member for Eltham made this point: we ought to be rolling out charging points everywhere. We should be mindful, as I have said previously, that we are not doing enough for some of our poorest constituents in some of the properties least able to be adapted. Those people are going to end up paying higher premiums should they wish or be able to acquire an electric vehicle. This restricted availability is wrong. It does not allow for social mobility and it denies some of the poorest people access to the market. I would ask the Minister to reconsider and—when he wants to encourage or even mandate retailers or anyone in society that can afford and offer a charging point—to think positively about how many charging points we can achieve over the period of time, how many opportunities there are and why we are restricting it to just a single section of the market.

The cynical person might say that this is the petrol retailers, that as the market changes from fossil fuels to electricity we have to give them some kind of commercial advantage. Perhaps it is in the Government’s mind to say, “Let’s give them a heads-up and a lead on this issue.” I would say that it is not right, that electric charging points should be made available to all and that we should be thinking about the nation and the national interest, not a limited commercial interest that seems to be in clause 10. I would urge the Government to rethink this clause.

[Sir Oliver Letwin]

There are two specific points that I would like to raise in relation to clause 10, but before I do so I would like to explain why they arise.

As I understand it, about 90% of charging for current electric vehicle use goes on at home, largely overnight at low voltage. In trying to achieve the Minister’s aim—which is the Government’s aim and the cross-party aim of the House of Commons as a whole—of achieving a step change in which we move from 100,000 electric vehicles to tens of millions of them, one of the things that needs to be addressed is what we were discussing a moment ago: the issue of overnight, on-street parking. However, there is a paradox.

Even if there were 10 million on-street parking charging points working beautifully, unfortunately, there would not be very many electric cars using them because there is range anxiety. That is another limiting factor in the expansion of electric car take-up. That range anxiety may in due course be resolved by the advance of battery technology, the introduction of solid state batteries and so on—I very much hope that it will be. The Minister, I and the Committee as a whole recognise that we cannot predict the speed at which battery technology will advance to the point at which relatively cheap and light batteries can carry someone for 400 or 500 miles on a reliable basis. The overwhelming majority of journeys per day are 20 miles and under in the country and do not actually cause any range problems.

I am sure that other Committee members feel, as I do, inhibitions about purchasing a vehicle that will run out of charge if I am trying to make the journey from London to my constituency, then travel around my constituency, if I cannot find a point at which to charge it. Unlike the position on the overnight charging, range anxiety can be cured—unless we adopt the Israeli model, which I am not recommending—only by very high voltage, fast charging at points on the journey that are not too far from the start and are interspersed at relatively short distances. We could debate whether that distance is 50 miles or 100 miles, but if we fixed in our mind the importance of making sure that nobody who started in London and was trying to get to any point in the country would find that it was more than 50 miles before the next fast charging point was actually available—I do not mean was sitting there and being occupied by some other car, but was actually usable at the time they wanted it and could charge their car in five or 10 minutes, at a reasonable price, while we went to buy the paper, went to the loo and did the other things we do at service stations on motorways—range anxiety would be at an end in the UK. Is that achievable, and does clause 10 allow the Government to ensure that it will quickly be achievable? Those are the questions that we need to address.

The answer to the first question—is it achievable?—is yes, it is abundantly achievable. The National Grid is conducting a trial with UK Power Networks to show the cost of stringing lines from the nodes on the high-voltage network to service stations, which will establish the cost of a core network of 50-mile spaced service stations, on the motorway network in the first place and, quickly thereafter, on those parts of the trunk road network that are necessary to cover in relation to, say, Cornwall or Scotland.

I stress that it is all about Highways England, the National Grid company and a few of the DNOs from time to time. Nobody else needs to play a part. If they were all working together to install the relevant infrastructure quickly, it is perfectly doable and not terribly expensive. I have spent time talking to the National Grid company about the likely cost of this, and even if we take quite a high estimate, the effect on bills for customers buying electricity would be in the order of 0.1p per kilowatt hour. It is very small beer. I cannot overemphasise the importance of curing range anxiety early—if we do, we will get scale, and if we get scale the price of electric vehicles will drop, then we will get demand. We would get a virtuous circle. The speed with which we do that will very much influence the future industrial history of this country, because if we do it quickly enough, so that we get scale in electric vehicles before other European countries do, we will be ahead of the market and all sorts of investment decisions will flow to the UK. If we are slightly behind them—and I welcome what the Minister said about being ahead of the curve—it will have the opposite effect. They will be built in Germany and later exported to the UK. That must be our aim: to establish a national network of fast charging points, supported by very high-voltage cables, quickly installed at distances along our motorways and trunk roads, which enable people to make a journey from any point to any point in the UK without anxiety about range, even if their vehicle only has 75 miles of battery range.

Two items are missing from clause 10 that would enable the Government to achieve that. First, there is no power to compel the National Grid company to install such links. It goes back essentially to the same kind of structural point that I was making about DNOs in relation to on-street charging, although the item here is quite different: we are talking about a big, heavy-duty, high-voltage cable. However, the principle is the same. At the moment there is no knowing whether Ofgem would allow NGC to charge to its regulatory asset base such links, because there is no power in the Bill or anywhere else that allows the Minister or the Secretary of State to mandate the creation of such links. That is another item that I strongly hope the Minister will consult his friends at BEIS about and, in due course, come forward in the other place with appropriate minor amendments.

--- Later in debate ---

[Sir Greg Knight]

My right hon. Friend the Member for West Dorset referred earlier to petrol cars as being in the past. Let me say to him: not quite yet. Although manufacturers estimate the average life of a car to be 10 to 12 years, I have to tell him that I have a petrol-powered car that is 81 years old, and I still enjoy driving and using it.

Can the Minister confirm his intentions regarding subsection (2)(c)? Whether their car is powered by a battery or by petrol, the motorist has a right to expect the Government to intervene to protect him or her from being ripped off. Clearly, where the retailer is in a monopoly, or near-monopoly, position, such as a petrol or diesel retailer on a motorway—or indeed the provider of a charging point on a motorway—it is essential that the motorist is made aware, before he or she commits to a purchase, of the price they are going to be asked to pay. Can the Minister confirm that he will use the power in the Bill to require the electric charging point providers to display the cost to the motorist—as is now the case for petrol and diesel suppliers—so that if there is an intention to overcharge and rip off the motorist, that motorist has the opportunity to drive away and go to the next retailer?

[Graham P. Jones]

Does the right hon. Gentleman also agree that that information should be displayed in a manner that the customer understands?

[Sir Greg Knight]

Absolutely, and I would go further and say that it also has to be displayed in position where it can be read from the interior of the car, before the motorist has alighted from the vehicle and made his or her way right up to the charging point.

Automated and Electric Vehicles Bill (Fifth sitting)

Graham P Jones Excerpts

Committee Debate: 5th sitting: House of Commons
Tuesday 14th November 2017 Public Bill Committees

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

It is a pleasure to recommence the discussion of the Bill under your chairmanship, Mr Bailey.

New clause 9, tabled in my name, states:

“The Secretary of State must bring forward regulations to require that automated vehicles cannot operate in automated mode on public roads unless the application software relating to the vehicle’s automated function is up to date.”

The new clause would require the Government to introduce regulations that require automated vehicles to be up to date in order for them to utilise automated functions on public roads. Under the current drafting, people would be able to drive their automated vehicles on the roads without having the latest up-to-date software, which could lead to safety risks. The new clause would ensure that the Government introduce regulations that require automated vehicles to be up to date in order for the automated function to be used. If a vehicle had a serious mechanical fault that could endanger the driver and others, we would not allow it on our roads. An automated vehicle would similarly present an increased safety risk if its operating system was not updated. Most people with a smartphone or computer are likely to have software that prevents it from being used until it is updated. I am not struck by any reason why a similar mechanism could not be included in automated vehicles. By preventing an un-updated vehicle from being used, we would achieve safer roads and cheaper insurance.

[Graham P. Jones (Hyndburn) (Lab)]

My hon. Friend is making a powerful point. This applies most critically to GPS, where there may be changes to roads or whatever. The automated vehicle would need to know where it is going and whether there had been some ad hoc intervention in the road layout that meant that the GPS was inaccurate. Clearly, there would need to be an update. Does he share my view that updates should be regular and frequent, because they are part of the safety process?

[Karl Turner]

My hon. Friend makes a valid point when he talks about GPS systems. Without the new clause, people would be able to take un-updated vehicles on our roads, without being absolutely sure that they are safe. A primary benefit of AVs is that they reduce the likelihood of human error. However, one of the few areas in which the scope for human error remains—the responsibility for ensuring that software is updated—would not be addressed, even though it would not be difficult to do so. I cannot find any reason why it is not possible to legislate for this. The new clause addresses that obvious issue and I trust that the Government will consider it carefully.

--- Later in debate ---

[Graham P. Jones]

Will the Minister give way?

[Mr Hayes]

I will in a second.

In the end, the clause aims to protect insurers from a negligent person who intentionally fails to update their vehicle. For the sake of clarity, I offer the parallel of someone who fails to ensure that a vehicle they drive now is safe—who fails to take the proper precautions or make the proper arrangements to ensure that their vehicle can be safely driven when they go out in it. So it will be with autonomous vehicles and the software that relates to them. That is the purpose of the clause, but I am not entirely convinced by the advice that I have had on it yet. The civil servants in the room—I know I am not supposed to acknowledge them—will have a shiver going down their spine. I want to reflect more on it. I think we are right and I am sure what I have said is right, but I may have more to say on it. I am happy to reflect on it and come back to my hon. Friend the Member for North Warwickshire if there is more to be said.

[Mr Hayes]

With laser-like precision, my hon. Friend has focused on exactly the reason why I want to reflect on it. I thought that that was what he might say and that was what he meant when he first spoke. Although the response I offered him goes a fair way towards what he was seeking, I need to clarify that additional consideration for him. In the end, that will bring us back to the point close to the heart of all insurance considerations: how we discern liability and negligence. I want to be more precise about the second point that he raised, but I do not yet feel confident to do that. I will now give way to my old friend—the veteran of many Committees with me.

[Graham P. Jones]

I am grateful for the Minister’s warm words. To return to the issue of GPS mapping updates, people expect the road network to be updated on vehicles, but the scenario is completely different for manual operation compared with automated operation. I hope the Minister is aware that most of the operated maps sit in the private sector. That is not an issue if the car is manually operated because the driver always has discretion as he sees the road in front of him, but that is not the case in automated mode. We have to think about our highways workers or our police force who may be intervening in the road network.

When we talk about updates, serious consideration needs to be given to GPS maps in automated mode. Who is responsible for them? Who owns them? Who will update them? How will we ensure that we have road safety? Updates are vital, but GPS mapping is particularly vital. The Minister needs to take a good look at that and how it will be integrated into the insurance industry and into the Bill and the regulations to protect our people working on the roads.

[Mr Hayes]

As I say, the hon. Gentleman is a veteran of many Committees. We have rarely crossed swords, but we have certainly waved swords at each other from time to time. He makes a sound point which is precisely why we would need to address a range of those issues in further regulation. At this juncture, I do not think we can think about adding that to the Bill. I know he did not say we should, but he did say that we should think about those matters and look at how they relate to this Bill subsequently. He is absolutely right.

At the risk of opening up a new avenue for discussion—I hesitate to do that because I know we want to make reasonably rapid progress today—the hon. Gentleman might also have raised the issue of the interface between the driver and the road, and the technology on the road. As we move towards smarter roads, there will be an increasingly close relationship between the information received in the car from outside, as well as the information that is at hand within the vehicle. That is another area where there will be a connection to automated vehicles. We are already seeing the regular use of gantries across roads that provide information. The interaction between that information, the car, and the information that is available locally will, over time, become an increasing feature of driving.

This is another area in which regulation will—in exactly the way the hon. Gentleman described—need to address how that works for automated vehicles. The assurance I give him and others is that we recognise these challenges, we anticipate further work, we know that work is ongoing and it will be set out, both in the formation of international standards for a type-approval process that I mentioned, and in the regulation we will introduce that matches that development.

--- Later in debate ---

[Sir Oliver Letwin]

I am grateful again to the Minister. Yes, exactly: I had been worried about two cases, one in which the person sitting in the driving seat was the owner, and the other in which the person sitting in the driving seat was not the owner but was covered by a policy covering the driving of other cars. In both instances, I think it is clear.

The reason I am labouring these points and asking the Minister to confirm them is that I do not think that any ordinary human being reading the Bill would have the slightest clue that this is what it is trying to do. I think its architecture has been forced on it by the desire to piggyback on the Road Traffic Act; and I suspect that lawyers will understand, because they will be familiar with the Road Traffic Act and how its principles operate. Therefore, I am satisfied that probably this is the right way to structure the Bill. In any case, it is certainly structured in a way that, when everything is read together in the right way, does not create the gap that I was worried about, as the car moves between automated and non-automated mode. That was the critical issue.

[Graham P. Jones]

It is a pleasure to serve under your chairmanship, Mr Bailey. I seek clarity from the Minister—I know he has been reasonably descriptive up to a point—on the types of vehicles that will and will not be insured. It will probably be connected and automated vehicles, automation level 4 and 5; however, I am concerned about the size and shape of the vehicles and how the legislation will fit them in the future.

There has been an issue about insuring automated vehicles, not just on public but on private land. However, even on public land, are there situations where we might see a size of vehicle—my hon. Friend the Member for Kingston upon Hull East drives a very small electric vehicle, and there might be even smaller ones—on parts of the road network that had become accessible to new types of electric vehicle, and where we might suddenly need to reflect on the type of insurance? They may get down to the size of a bicycle, for example—I do not know—so are there circumstances or situations where the shape and size of the vehicle would have some effect? I suppose that relates to the definition of level 3 and 4 automation. I know that the Minister will produce a list in future guidance, but I would welcome a clarification from him on shape and size, how the Government see that changing and whether they will be responsive to that.

Going back to insurance on private land, this causes an enormous problem, quite apart from my earlier point about mapping. The legislation says that vehicles must be insured on public and private land—although there are some discrepancies around private land. How will this work with automated vehicles? If we multiply that by the fact that the shape and form of automated vehicles may change—they may be able to go down narrow footpaths, for example—where are the Government on the insurance system? How it will work with automated vehicles accessing private land? I am asking for clarity on this point. I do not know the answer; I am probing the Minister to see if he does. There seems to be a complex minefield of issues when it comes to insuring an automated vehicle—of whatever shape, form or function—that can wander off on to private land. There does not seem to be much clarity in the Bill on that. It seems to be hanging on the old legislation for traditional motor vehicles as we know them and how they are insured on the current road network.

Turning to automated vehicles, in particular on private land, and their shape and form, this will clearly be a challenge, so will the Minister clarify how the Government will respond? Again, I come back to the mapping issue. There will surely need to be tighter definitions of where automated vehicles go and what they are allowed to do. There seems to be no reference to that in the guidance or anywhere else. Will the Minister provide some clarity? People want to know. It is not just about the public highways, motorways, A roads and B roads. It is far bigger than that and the insurance system has to cope with insurance off-road, on private land.

[Mr Hayes]

By way of adding a certain excitement to the proceedings, I shall deal with the last point first, rather than reply to the points made in chronological order.

The hon. Member for Hyndburn spoke about where vehicles might be used, and the size and shape of vehicles. He was right to identify that it may be—note the emphasis on “may”—that autonomous vehicles at the beginning of their life on our roads are typically used in certain places and in certain ways. One can easily imagine a vehicle in autonomous mode travelling on a long straight road—a motorway, for example. It could be that that is the way the technology will develop. He is right to draw attention to that because it has been written and spoken about many times in the discussions about autonomous vehicles. He was also right to raise the matter of shape and size. Earlier in our considerations, we discussed vehicles other than private cars. Of course we should not assume that autonomous vehicles will simply be private motor cars. There will be other kinds of autonomous road vehicle and it may be that they will develop first, or at least in parallel with the development of private cars.

The hon. Gentleman is right that that could well be where we are heading, but the essence of his argument is that we might have to have different insurance policies to deal with those different eventualities. That will not result from the measure before us; the size and place considerations—the type of vehicle and where it is used—will be the same as in the current insurance framework, most of which is covered by the Road Traffic Act, so I do not anticipate a huge departure from existing practice.

In essence, insurance works on the basis of insuring people, to some degree taking account of what they are driving—for example, policies take account of the size and shape of vehicles. I do not imagine that that will change and nothing in the Bill suggests otherwise. I anticipate—the insurance industry told us this in evidence submitted to the Committee—that the industry wants enough certainty from the Bill to develop products that are fit for purpose. My judgment, from what we have been told, is that the industry will want such products to mirror as much as possible what is available now. Certainly that is true of where vehicles are used and of their shape and size.

[Graham P. Jones]

I was simply probing the Minister because the use of automated vehicles on private land is an interesting area on which the Government must be probed. I also made some other small points. I urge him to clarify whether he foresees any situations, beyond what is in regulation or statute now, where automated vehicles on private land may provide a challenge that the Government will need to look at.

[Mr Hayes]

I will deal with the private land point in a moment.

To re-emphasise: when we insure a vehicle at the moment, the questions we are asked by the insurer are not about where we intend to drive it—we are not interrogated about whether we will drive the vehicle on the motorway, on side roads or only in our village. That is not typically what happens with an insurance policy, although there are exceptions. Someone with a historic vehicle, for example—a classic or vintage vehicle—might well take out an insurance policy stipulating that the vehicle will only be used for a certain number of miles in a given period, paying a lower premium as a result. If people say that they will use their vehicle only on high days and holidays and that it will be driven for less than 100 miles a year, of course they will obtain a different kind of policy, often offered by a specialist provider. That, however, is an exception. As a rule, we are not interrogated about where we are going to drive, whether it be on a main arterial route or a side route, so I do not think that the insurance products that I hope are developed as a result of the Bill will, in those terms, be very different from what we have now.

That is certainly what the Association of British Insurers and others have told us. The evidence to the Committee emphasises not only the insurance industry’s support for the Government proposals, but its wholehearted support for the development of autonomous vehicles. The industry sees it as critical that we get the legislation on to the statute book so that it can develop the products necessary to provide the safety and security we all seek.

[Graham P. Jones]

I am grateful to the Minister for giving way one last time. To pursue this matter, let us say that an accident occurs on private land while the vehicle is in autonomous mode. Does he think that the existing regulatory framework is sufficient for insurers, or that some changes will be needed for assigning liability should there be an accident on private land? An automated vehicle goes on to a large piece of private land, a track or whatever, and there is an accident, so there needs to be an investigation as to who was in the right and who was in the wrong. On private land where an automated vehicle was making its own decisions, does he not think the Government should conduct some analysis of the potential issues? It may be that no changes are required, but should not the Government consider it? People do drive on private land, and if they are going to take automated vehicles on to private land, it is a legitimate question.