Automated Vehicles Bill [Lords]

Jesse Norman Excerpts

Report stage
Wednesday 1st May 2024 Commons Chamber

[Wera Hobhouse]

I have tabled three amendments that seek to strengthen the provisions made for data protection in the Bill. New clause 1 would require the Secretary of State to report to Parliament on the collection of personal data from automated vehicles within one year of the day on which the Act is passed and every year thereafter. This report must cover

“levels of compliance with data protection legislation within the automated motor industry,…instances where the Secretary of State has made regulations under section 42(3) of this Act…and the impact of those regulations on personal data protection, and…any significant trends in the collection of personal data and whether further action is needed to regulate the collection of personal data.”

For sustained public confidence in automated vehicles and the data protection issues that arise, it is important that we have this continued monitoring and reporting. With a new technology, it is inevitable that new issues will arise over time, particularly as automated vehicles learn and change their behaviour accordingly. The reporting is necessary to keep the regulations on data protection under review as the technology develops. The Government must give further assurances in the Bill that people’s personal data will be protected before this Bill becomes law and commit to the annual reporting set out in this new clause.

This Bill would also be strengthened by new clause 2, which would require the Secretary of State to consult the Information Commissioner’s Office before making regulations in relation to the provision of personal data relevant to automated vehicles. As I have mentioned, new clause 1 would maintain monitoring of the provisions made for data protection, and new clause 2 would make this monitoring and reporting process easier, as advice can be taken from the ICO rather than using parliamentary time. Again, this will instil public confidence in the legislation as the advice will come from an independent body.

In order to operate, automated vehicles must be able to collect data, and much of this data will be personal. The information collected will help to make AVs safer as the system learns more about the road and those using it. Strengthening the process of how any changes to future protections are made will again assure the public that their personal data will be secure. Further assurances would be given by amendment 8, which seeks to probe a number of concerns about data protection and ownership, and seeks to prevent the authorisation of companies as self-driving entities unless robust data practices are in place. This amendment would ensure that a person may not be an authorised self-driving entity unless they meet the following requirements:

“they have obtained a certificate of compliance with data protection legislation from the Information Commissioner’s Office for their policy in regard to the handling of personal data,…their policy in regard to the handling of personal data clearly outlines who has ownership of any personal data collected, including after the ownership of a vehicle has ended, and…they are a signatory to an industry code of conduct under the UK General Data Protection Regulation.”

[Jesse Norman (Hereford and South Herefordshire) (Con)]

I would be very interested, with regard to the latter new clause, if the hon. Lady could explain why she feels—or what feedback or evidence she has to think—that the safety regulation system that is put in place will be inadequate to handle the concerns she raises.

[Wera Hobhouse]

On Second Reading, I think I was very positive about the Bill’s introduction, and I see it as the bright new future, but we should be careful to ensure we are taking people with us. As I have said, this is basically about making sure that people feel confident that their personal data is really handled in the most secure way possible. I have tabled the amendments to provide assurance for the public that the Government and everybody involved in this bright new future will really take a very careful look at all data protection measures.

[Jesse Norman]

If I may quickly respond, given that this Bill has had a remarkably untroubled passage through both Houses to date and that both Houses are informed by enormous amounts of information from relevant parties and Members’ constituents, has she any such reason? I think what she is saying is that she has no reason, apart from a general worry about consent, to think that what she is talking about will be necessary, because she has no reason to think that the regulator will not be able to take this stuff into account when it comes to a review?

[Wera Hobhouse]

We will not push new clause 1 to a vote, but I want the Government to ensure that all necessary and possible protections are being put in place. This issue has been debated several times, but we are looking into the future and who knows what the future holds? We know that people are increasingly worried about their personal data, and that sometimes regulations are not as robust as possible. This is basically a plea to the Government to ensure that all possible assurances are in place.

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[Bill Esterson (Sefton Central) (Lab)]

Labour has tabled four amendments at this stage of proceedings to build on the work in Committee. The context of the amendments is that the Bill follows four years of work by the Law Commission, which included three public consultations, and the commission’s recommendations represent one of the most thorough pieces of work that it has ever carried out.

The Bill builds on and provides further clarity to the Automated and Electric Vehicles Act 2018, which originally set out the insurance framework for automated vehicles. It was the first piece of legislation to set out an insurance framework for the operation of automated vehicles.

The Transport Committee published a report on self-driving vehicles in 2023, and its recommendations included a new legal framework in primary legislation. The development of automated vehicles has a number of potential benefits, and after losing our place as a leader in the development of the technology, the Bill can play its part in recovering Britain’s international position and establishing one of the most robust frameworks for AVs in the world. Let us remind ourselves of some of the potential benefits.

Automated vehicles could create a market worth £42 billion by 2035, and 38,000 new jobs. They have the potential to make roads safer, including for pedestrians and cyclists, by removing the human error that causes 88% of road traffic incidents. Research from the Society of Motor Manufacturers and Traders suggests that if automated vehicles are deployed in substantial numbers, 3,900 lives could be saved and 60,000 serious incidents prevented up to 2040. Better road safety also means significant savings for the NHS. Research by AXA shows that in 2022, road traffic incidents cost the economy £42 billion, of which £2.3 billion was a direct cost to the NHS in medical treatment and ambulance services.

AVs can improve connectivity in areas where our public transport is failing passengers. However, such an improvement needs to be made alongside long-overdue improvements in bus services rather than seen in isolation. Better access to transport is important for a great many people, including in rural areas, for older people and for disabled people. An Age UK study found that driving remains the most common form of transport for older people.

Most US states, Germany and France are moving forward with their own AV frameworks, so it would be a mistake for the UK to fall further behind in an industry that could be worth £750 billion globally by 2035. The UK is already running numerous automated vehicle programmes, including those by Wayve, Oxa and Starship.

Let us consider where we are with the legislation in front of us and how we might build on the Bill. Labour’s four amendments cover the following issues: the establishment of an advisory council; the accessibility format required of automated vehicles if used as public transport; the requirement for the publication of a list of data required to be supplied; and removing the need for people injured by an automated vehicle to prove that the vehicle was driving itself if they make a legal claim for compensation.

Let us start with new clause 3. In Committee, the Minister said—multiple times, in fact—that he is in agreement on the need for proper consultation, and he insisted that the Government will consult properly. However, there appears to be something of a gap between the Government’s stated commitment to consultation and what is happening in practice. For example, Government guidelines on minimum engagement for AV trials do not currently specify that disabled people’s organisations need to be consulted. If the Minister agrees on the importance of consultation, why is that not stated in the Bill?

[Jesse Norman]

If I may say so, that is a remarkably weak criticism. As the hon. Member acknowledges, the Bill has been developed—I say this with a degree of ownership—over a considerable period of time, with enormous input from involved parties. It is obviously of direct relevance to older people, people with difficulty with mobility and people with disabilities. The suggestion that somehow the Government have, by implication, neglected those constituencies is wholly mistaken.

[Bill Esterson]

I will give the right hon. Member credit for his role in getting the Bill to this stage, and he is quite right that the Bill largely has strong support on both sides of the aisle and across society. I think it does set the framework, but there are concerns about it, and this is one of them. I will further set out the evidence base for that, but before I do, I turn to the impact of deindustrialisation and its legacy of inequality, which has been sown into the fabric of our country.

--- Later in debate ---

[Jesse Norman]

May I say that, very far from the sentiments just expressed, the Secretary of State has been a very strong friend to the Bill from the very beginning? Having steered the Bill until the point where the Under-Secretary of State for Transport, my hon. Friend the Member for South Cambridgeshire (Anthony Browne) took over, as he noted, I pay tribute, as he has, to the quality of the work done by officials at the Department for Transport and the Bill team. I remind the House that this is an extraordinary moment. We have taken the next step in pioneering a technology, as a single polity, in advance of anywhere else. It builds on the work done in 2019, and presages a very important, safer and, in many respects in transport terms, more prosperous future.