Product Security and Telecommunications Infrastructure Bill

John Nicolson Excerpts

Consideration of Lords amendments
Monday 31st October 2022 Commons Chamber

[Stephanie Peacock]

I understand that there are concerns in the industry, but there are also concerns on the other side of the argument among landowners. Indeed, in the consultation for the legislation, the most contentious parts of the 2017 regulations were considered, and that is why we are considering the amendment.

Indeed, the electronic communications code, as hon. Members will be aware, is the legislation that underpins the use of land for mobile telecommunications infrastructure. It was reformed in 2017 and further changes are being made to it through the Bill. After a period of initial adjustment, many operators now cite the 2017 ECC reform as a welcome set of changes that has in time helped them to act quicker and invest more in the roll-out.

Those who host masts, however, have seen their rents decrease by 63% on average as a result of those same changes and report that they have only caused them further problems, reducing their agency and disincentivising their involvement in facilitating the roll-out. That is a particular concern for smaller landowners—the likes of churches, sports clubs and community groups—whose rental income has been cut at a time when they are already suffering as a result of the cost of living, but whose land and involvement is vital for connecting hard-to-reach areas, some of which do not have 3G yet, let alone 5G.

Ultimately, roll-out is dependent both on those who build and operate masts and on the willingness of site owners to host them. Where we rely on both to succeed, the needs of both must be taken into account, striking the right balance so that roll-out is not impeded at either end. At the moment, however, the objective information on whether the ECC strikes the right balance is simply not available. Will the Minister share any objective evidence held by the Department on the impact that changes to the ECC have had and will have on roll-out, particularly as its consultation, as I mentioned, did not include the most controversial elements of the code. A review would help fill the evidence gap. Put simply, it would seek to measure in a balanced way whether the ECC is increasing roll-out as it was intended to.

To be clear, the amendment would not prevent the measures in the Bill from coming into force. It is designed to ensure that all the provisions that we hope make improvements to roll-out can still be enacted as soon as the Bill receives Royal Assent. Compliance would still be expected from both providers and landowners. The amendment has no agenda for reversing any hard-fought changes in particular. It is a neutral amendment that seeks to put an end to years of constant disputes between providers and landowners and bring focus back to roll-out. The review would make recommendations only in areas that show clear evidential need for change and are currently stopping targets for connectivity from being met. If instead we choose to ignore the ways in which the ECC has been controversial, such disputes will only continue.

I take this opportunity to put on record Labour’s thanks to all those who host digital infrastructure on their land or buildings and are helping to connect their neighbours and communities to our modern world. It is clear that hosting masts can be difficult at times, but we must remember how vital it is for our country’s future that we get the widest possible connectivity. We want more groups to step forward to host infrastructure, not less.

Ultimately, Labour wants to see a fair settlement that supports small landowners in hosting digital infrastructure but allows providers to maximise roll-out. The amendment, which received cross-party support in the other place, provides an opportunity to ensure that the ECC is compatible with those aims and is supported by balanced evidence. All sides should be able to get behind that. We must be united behind the goal of boosting connectivity for those who need it so that our country can get on with harnessing the power of technology for good.

[John Nicolson (Ochil and South Perthshire) (SNP)]

Witnesses at the Digital, Culture, Media and Sport Committee have offered me, a history graduate and not the most technical of parliamentarians, a window into the world and advantages of connected tech. It is sometimes referred to as the “internet of things”: a world of possibilities and advantages for companies and consumers. The possibilities are wide-reaching and seemingly never-ending, but it is a brave new world that is already introducing us in Parliament, as well as those in the police service, healthcare and many workplaces, to new and unforeseen issues around our security.

The Bill does much good work in improving the culture of security from the inception of the product right from the design stage. Improved security will be integral, and as customers we will have the benefit of security information provided at the point of sale. All of that, surely, is advantageous. We on these crowded SNP Benches behind me recognise the value of the Bill. It is, however, well past time for speedier legislative progress. The world of connected tech is already well developed and established in healthcare, courier services and a multiplicity of industries around the world. We should have had legislation in place long before now.

As long ago as 2016 we saw a weaponised interconnection of connected tech devices used in a botnet to take down online titans such as Netflix, Amazon and others—2016. Countless Tory Prime Ministers and Chancellors have come and gone and, in one case, almost come again since then. Yet the Bill only hurtles into view as 2022 winds to a close. In that time, we have seen attacks on connected tech devices rising by hundreds of per cent. year on year.

[Sir Desmond Swayne]

On a point of order, Mr Deputy Speaker. I hate to interrupt this poetry, and it is indeed poetry, but what has it got to do with the amendments before us tonight?

--- Later in debate ---

[Mr Deputy Speaker (Mr Nigel Evans)]

I am sure Mr Nicolson will be getting to Lords amendment 17, and to Lords amendments 1 to 16 as well, but I am being generous because it is almost Christmas and I know he does not have many pages in front of him.

[John Nicolson]

Thank you, Mr Deputy Speaker. Indeed, I always stand in awe of the brevity of the right hon. Member for New Forest West (Sir Desmond Swayne) on these matters. I will try to emulate it.

Homes and industries across these islands are riddled with insecure technology because this House and the Conservative Government have been too slow to act. On the SNP Benches, we recognise that part 2 of the Bill sets out welcome changes that will be made to reduce bottlenecks and barriers to the roll-out of 4G and 5G masts. Let me highlight in particular Lords amendment 17, which has been opposed by the UK Government and by certain pressure groups and companies. The amendment requires that a review of the functioning of the code be started three months after the passage of the Bill into law. The amendment simply provides greater independent oversight on the efficacy of legislation and ensures that we as parliamentarians have access to more reliable information. The Government’s opposition to Lords amendment 17 is, I believe, misjudged. The amendment reinforces the principles of independent oversight and accountability. The Government should concede on the amendment. It improves the Bill.

Although the Bill is overdue, it is far from polished or complete. On the SNP Benches, we have been keen to work with the Government on a cross-party basis to resolve the deficiencies in the Bill highlighted by stakeholders and in expert evidence. It is imperative that these shortcomings are resolved as the Bill continues its passage. We will not oppose the Bill. Both here and as a Government in Holyrood, we will continue to push for co-operative engagement to produce a more polished and complete piece of legislation. We have waited this long, we had better get it right, Mr Deputy Speaker—and happy Christmas!

[Mr Deputy Speaker]

My first of the season.