Telecommunications Infrastructure (Leasehold Property) Bill

Jamie Stone Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Wednesday 24th February 2021 Commons Chamber

[Ronnie Cowan (Inverclyde) (SNP) [V]]

It is always a pleasure to speak in the House on behalf of the Scottish National party. Telecommunications is a reserved matter, and we have continued to engage constructively in refining the Bill from our part of the Opposition Benches. As I have previously highlighted in the Chamber, it is for the UK Government to ensure that our digital infrastructure is appropriately protected and managed as a key component of Scotland’s future economic success and of our position as a global leader in technology. Never has the importance of digital connectivity been more sharply brought into relief than during the ongoing pandemic. The fact that I am delivering a parliamentary speech from my home is evidence of this necessity.

On that note, I reiterate that the SNP supports the general aims of the Bill and wants to see it successfully implemented, with the appropriate amendments. I read with interest the recent debates on amendments proposed to the Bill in the Lords. Although the first amendment, in the name of Lord Alton, was withdrawn, I do not want to pass over it without making a quick comment. The purpose of the amendment was to prevent companies using UK telecommunications infrastructure to facilitate human rights abuses. The amendment was obviously not an accusation against Virgin Media, BT or others of having nefarious motives in allowing us to watch Netflix at home. Rather, it touched on a recurring theme in the Bill: our concern about the expanding tech influence of the Chinese Government.

I will not go over the debate on that amendment in detail, as Members can read it in Hansard. However, although the amendment was withdrawn, let us keep the spirit of it in mind. As the world becomes interconnected to an unprecedented degree, we must be vigilant about how our technology can inadvertently support abuses taking place elsewhere. Let us also take Lord Alton’s amendment as a worthy attempt to draw more attention to the increasingly disturbing evidence emerging from China regarding human rights abuses.

Not wishing to digress too far, I turn my attention to Baroness Barran’s amendment, relating to uncompetitive behaviour and a review of the Bill’s impact on the electronic communications code. The Scottish National party broadly welcomes this principled amendment, which would introduce sufficient measures to ensure that residents in multi-dwelling accommodation could access connectivity from the provider of their choice. Infrastructure provided by one supplier should not prevent a subsequent provider from installing their own service within the same building. Concerns were raised in the Lords about whether the amendment was necessary. Given that 10 million people could be affected by this legislation, there is no harm in taking a comprehensive approach. Some 76% of multi-dwelling units missed out on the initial efforts to deploy fibre because of problems in gaining access, so it should be self-evident to everyone in the Chamber that we must improve access and consumer choice.

Let us not pretend that previous amendments have created a perfect Bill. Industry experts have raised concerns that the legislation does not go far enough in providing flexibility for network operators. BT in particular is concerned that the bar set for a landlord to be classified as engaging with the network builder, and therefore not be subject to the Bill’s provisions, is far too low. Likewise, Virgin Media is seeking further clarity on the definition of “meaningful response” in relation to landlords’ communications with operators.

Questions have also been raised by operators on the balance the Government are seeking to create between the rights of landowners and the rights of telecoms operators. What does this mean in practice? Why would affording an operator the right to ask a court to grant access, independent of a tenant request, be against the public interest, especially if it ensures that tenants are given access to digital connectivity that may not have existed previously?

As the Minister will be aware, many utilities already have the right, with appropriate safeguards, to enter a property in order to maintain infrastructure. Do the Government agree with the future telecoms infrastructure review’s recommendation that telecoms operators’ right of entry should be brought in line with that of other utilities?

Of course, the process should be reviewed as per Lords amendment 3. If we are to achieve continual, irreversible improvement, the process must remain open to review. The Bill is now at such a late stage that I suspect some operators have effectively given up on seeing it reformed further, and they are merely accepting legislation that does not meet its full potential. Clearly, operators welcome this progress, but the industry is asking for greater clarity and engagement. It is unfortunate that the operators are still asking the Government to confirm basic definitions in legislation that is on the brink of becoming law.

Looking ahead, undoubtedly the consultation on changes to the electronic communications code is a primary way to build on the improvements that will come from this Bill. As the Government move ahead with the legislation and the review, it is vital that they consult more closely with relevant actors in the sector. After all, the telecoms operators are the only ones with the practical knowledge to make a success of the Government’s long-term ambitions for digital connectivity.

[Jamie Stone (Caithness, Sutherland and Easter Ross) (LD) [V]]

Greetings from the far north of Scotland. I would like to put on record my thanks to my excellent Speaker’s intern, Mohamed; without his patience in explaining to me exactly what “gigabit-capable” means, I probably would not be quite as knowledgeable as I hope I am on these matters.

Clearly, my party and I welcome the Government’s commitment to speeding up gigabit-capable by 2025, but of course that takes us to 85% coverage. What we really need is 100% coverage, so I still await something better than 85% coverage.

Secondly, the involvement of private companies is noted, but of course there are areas of Scotland that—how shall I put it?—are less commercially viable for such firms. My constituency of Caithness, Sutherland and Easter Ross in the far north, and perhaps the highlands and islands in general, might be rather lacking when it comes to what private companies can do.

I also note that the Government are saying that they will commit real money, as opposed to there being private investment. Madam Deputy Speaker, you have heard me talk many times about connectivity in my consistency, and I make no apologies for saying that I will keep a very close eye on what actually happens in terms of Government money, as opposed to private investment, to make sure that the highlands are not disadvantaged.

Of course, we have a mixture at the moment. I have previously made jokes in the House about our having zero G in some parts of my constituency. We have 4G and 3G, but it needs to be improved right now, because what we have is not adequate. Such regional disparity is unfair on my constituents.

I welcome Lords amendment 1, which was tabled by my noble Friend Lord Clement-Jones. It is hugely important that tenants and other legal occupants in exclusive possession be within scope of the Bill. We wait to see what happens on that one.

Lords amendment 3 is fully supported by my party. Of course, a review is vital in assessing the impact of the legislation, but I understand that the Government will not be supporting the amendment, which I regret.

My maiden speech in this place three and a half years ago was about connectivity, which is a subject, as I said, that I return to again and again. As the hon. Members for Newcastle upon Tyne Central (Chi Onwurah) and for Inverclyde (Ronnie Cowan) said, the very nature of my speaking to the Chamber via Zoom right now demonstrates the fact that connectivity and the ability to do this has been crucially important during the pandemic. Thinking of the future, if we are to punch to the best of our ability in challenging circumstances post Brexit and post the pandemic, mobilising our resources and our abilities will be absolutely crucial, and connectivity will be part and parcel of that. At the end of the day, my plea is that nobody in the United Kingdom should be disadvantaged in this regard because of where they live.