Automated and Electric Vehicles Bill

Iain Stewart Excerpts

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

[Iain Stewart (Milton Keynes South) (Con)]

It is a great pleasure to be called to speak in this important Bill debate. May I, for completeness, first declare an interest, in that I chair the all-party parliamentary group on the future of transport, which has its secretariat funded by the Transport Systems Catapult? I also chair the all-party parliamentary group on smart cities, which has a range of public and private bodies funding its secretariat.

I had the great pleasure of serving on the Committee that considered the Vehicle Technology and Aviation Bill in the last Parliament. The hon. Member for Kilmarnock and Loudoun (Alan Brown) said that today’s Bill was a case of déjà vu. Perhaps the correct phrase is that it is a system upgrade to the previous Bill. This is a better Bill, because, as has been mentioned, a number of the genuine concerns that were expressed previously by Members on both sides of the House have been reflected in this Bill’s clauses. I should add that that Committee was a perfect example of how Bill Committees should work. We had a very cordial and courteous exchange of views; genuine concerns were raised, and they have, as I said, been taken on board.

I remain very supportive of the objectives in both parts of the Bill. As has been said, it is important that we in this country are ahead of the game. It is forecast that the intelligent mobility market will be worth £900 billion globally by 2025, and we have to make sure that our industry and our system of regulation are as up to date as possible to make sure we get a good share of that market.

I think the Government have taken the right approach. It is not possible for us today to predict the precise technology that will be innovated. I take a different approach from that just outlined by the hon. Member for Eltham (Clive Efford). I do not think we can prescribe too much at this stage. The legislation has to be enabling and then further qualified by secondary legislation at the appropriate time.

The potential advantages of autonomous and electric vehicles are huge. I will not detain the House by repeating the ones that have already been mentioned, but these vehicles will make transport more accessible to people with disabilities and people who are elderly or who do not have the means to afford a private car. That is a very important social objective.

[Jim Shannon (Strangford) (DUP)]

Surely three things must be tackled by the manufacturing sector: the performance of electric cars, their price and the commercial relationship with the Government that will allow us to provide the charging points. If we do not have those three things in place, we do not have electric cars or a way forward.

[Iain Stewart]

I agree with the hon. Gentleman. As I will expand on in my speech, the Bill provides a way for those things to happen. If he will bear with me, I will touch on those points later.

The other advantages, of course, are to do with the environment and making better and more efficient use of the limited resources we have. It is no mistake that the United Nations has as one of its top priorities dealing with the increasing urbanisation of the world, and the human race is going to have to find better ways of moving people and goods around to make that development sustainable.

In that regard, I should mention that my constituency is at the forefront of a lot of the innovation involved in this technology. We were today recognised in the UK Smart Cities Index 2017 as one of the top cities in the country.

Before I move on to the detail of the Bill, I should say that we had mention earlier of the importance of matching skills to this new technology. I very much welcome the Minister’s willingness to have a constructive dialogue in Committee, and more broadly with other Departments, to look at this issue. As a starting point, the Transport Systems Catapult recently published its “Intelligent Mobility Skills Strategy”, which identified that, by 2025, we will have a 750,000-job gap in skills, and there is an urgent need to address that point.

In my Second Reading speech and in Committee on the previous Bill, I raised several concerns, which were addressed to my satisfaction by the Minister. In my comments today, I just wish to get reaffirmation on those points and to raise a few additional concerns.

Clause 1 provides for the Minister to provide a list of vehicles deemed to have autonomous capability. I just ask a simple question: when this list is compiled and then updated, will it include the freight sector and the public transport sector, or are we simply looking at what are deemed motor cars today? It would be helpful to have that clarification.

As regards clause 2, we had extensive debates on the previous Bill about what would, to use an umbrella term, be classified as driver-assistance technology—lane guidance, cruise control and reverse parking guidance—and what constitutes a wholly autonomous vehicle. The Minister was very clear in Committee that driver-assisted technology is not the point of this Bill. When we have these gadgets in cars—there will be ever more as we go forward—they are there to assist the driver. They do not replace the driver, so the driver remains absolutely in control.

[Sir Hugo Swire]

Did the Committee look at the issue of the driver passing some kind of driving test? Is it envisaged that the whole Highway Code system will change? Will somebody getting a licence to drive an autonomous or a semi-autonomous vehicle have to sit a completely different test, and if so, when will it be phased in?

[Iain Stewart]

I am afraid that my memory is not as complete as it might be. I cannot recall whether that was discussed; I do not think it was. However, my right hon. Friend raises a very fair point, and I hope that it will be considered in Committee.

As regards the distinction between a wholly autonomous car where there are no driver controls whatsoever and driver-assist, there will be cases in the middle where the car has a dual function, with blurring as to when the technology is applied. I would still like Ministers to provide greater clarification for drivers and the industry on the point at which the transition occurs. We have heard talk about having road trains in future where a car may be driven under control up to a certain point and will then form part of a convoy on the motorway. There needs to be greater clarity, for the public in particular, about the point at which the changeover happens.

[Andy McDonald (Middlesbrough) (Lab)]

I am very interested in the hon. Gentleman’s comments. If we have totally automated vehicles end to end, and the whole purpose is to liberate people who would not otherwise be able to drive, is it not completely logical that they would not be subjected to any test whatsoever in the conduct of that vehicle?

[Iain Stewart]

Indeed. The shadow Secretary of State makes a perfectly fair point. We cannot predict what all these vehicles will be like. Some may have dual function, and we should prepare for that eventuality.

Clause 4 touches on where the liability lies if the software has been tampered with in some way. That could happen accidentally if the car was being repaired and an engineer did not upgrade or put the thing back together properly, or it could be deliberate. We have already had cases of cyber-attacks on autonomous and connected vehicles. We had reassurance in Committee previously that in the absence of further regulations, the current system would apply, and ultimately the Motor Insurers Bureau’s uninsured scheme would come into force. Does it remain the insurer of last resort? Sadly, given the huge number of scams we currently see in the insurance market with arranged accidents and so on, malevolent people will devise new ways of trying to scam how autonomous vehicles are insured. I urge the Minister to work with industry to make sure that we future-proof the systems and the regulations as much as possible to make sure that we can deal with these scams effectively as they arise.

Another point in clause 4 that still causes me some concern is subsection (1)(b), which refers to

“a failure to install safety-critical software updates that the insured person knows, or ought reasonably to know, are safety-critical.”

If there is such a failure, the insurer’s liability is diminished. I would like some further clarification as to what

“or ought reasonably to know”

actually means. At what point does the individual become liable for making sure that the software is upgraded? I am awaiting goodness knows how many updates for my iPhone; I am fearful of installing them because it will mess up my contacts list and everything else in it. That does not matter, because it is my phone and my choice, but if I am getting into a vehicle that is controlled by software, what is the point of liability at which I need to upgrade it? Will the upgrades have a limiting capability such that if it is not upgraded, the vehicle will not work? If so, where would that be specified? Subject to clarification on the points I have raised, I broadly welcome the general approach to insurance, as it will allow the industry to develop a variety of appropriate products. The market will change, and we need to give the industry the flexibility to develop.

With regard to part 2, on electric vehicles, again I welcome the general approach taken in the Bill. We cannot predict future technology, and it is therefore difficult to be specific, but equally we need to give industry and consumers confidence regarding concerns over range anxiety. Will charging points be harmonised? Will they work? Will there be enough of them at motorway services? Will there be sufficient time to recharge? All these points need to be dealt with to give consumers and industry some clarification.

We are seeing an increasing take-up of ULEV vehicles, particularly electric-only models. There have been developments with Volvo and others saying that all their new cars will be electric or hybrid in the very near future. However, there are a couple of broader concerns that are not entirely within the jurisdiction of the Department for Transport, but the Department needs to be in the lead in discussions with other Departments. First, there is the cost to Government in terms of lost revenue from fuel duty, and potentially from parking charges that local authorities levy on motor vehicles but are free for electric vehicles. One estimate is that if the Government do not make any changes, they will lose £170 billion in revenue by 2030 as people increasingly shift to electric vehicles. What does that mean for how we charge for our vehicles? I appreciate that that is a much broader issue that goes beyond this Bill, but it will have to be addressed at some point.

We also need to look at how we are going to power these cars. Atkins, drawing on a report by the Energy Technologies Institute, recently said that we need to understand when and where people will want to charge their cars. At the moment, it is likely to be in the early evening, particularly Sunday evenings as people have more leisure time then. That is forecast to add 10 GW of demand to the grid—a 20% increase at a time when it may be at its least resilient. How are we going to address that? I suspect that it will largely come down to the battery technology outlined by my right hon. Friend the Member for West Dorset (Sir Oliver Letwin).

As others have said, 30% of UK residents do not currently have off-street parking, living in flats, terraced houses and other places where it is not easy to just put a plug out of the window and attach it to the car. That will have to be addressed in our planning systems as we move forward.

We had a very good Bill prior to the election, and this Bill has been improved. It addresses many of the concerns that were raised. I have raised a few more tonight, and I very much hope that they will be picked up in Committee. We have to get it right. This is an important Bill and it has my full support.