Installation of Telecommunications Infrastructure

Julia Lopez Excerpts

Wednesday 15th March 2023 Commons Chamber

[The Minister of State, Department for Culture, Media and Sport (Julia Lopez)]

I thank the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) for securing this important debate, and for raising her residents’ concerns so articulately and with such passion. I understand her concerns about the installation of digital infrastructure in her constituency.

As the right hon. Lady will be aware, the Government have big digital ambitions for the people we represent, because we think great connectivity is absolutely fundamental to people’s life chances and we do not want to oversee a digital divide. However, we are also extremely mindful that communities have concerns about new infrastructure. We want to ensure that those concerns are heard and considered, and that we get the balance right. I entirely appreciate the sentiment behind the proposals in her private Member’s Bill and in her petition, but I am not entirely convinced that they are the right way forward. We are trying to reduce some of the bureaucracy and difficulties that have hampered roll-out and given us difficulties in the quality of our digital infrastructure up until now.

As I mentioned, reliable fast digital connectivity is vital for the prosperity of this country, local businesses and families. We want to ensure that consumers and businesses throughout the UK can get the services they need. I accept that the right hon. Lady acknowledged that pressing need and said that her constituents do as well. We believe that great digital infrastructure will enable our constituents to access healthcare, stay in touch with friends and relatives, and educate their children. It will help our businesses to innovate and stay globally competitive.

I will set out the progress made due to the reforms cited by the right hon. Lady. In 2018, only 6% of UK premises had access to gigabit-capable broadband. I am very proud to say that that figure has now increased to 74%, demonstrating how our actions have significantly improved broadband coverage. Poor broadband coverage during the pandemic would have meant considerably more disruption and difficulty for our economy, and for how our society had to run during that extremely difficult period. I am therefore very proud of that achievement and thank everybody who contributed to it. However, as the House knows, our ambition is for that figure to be above 85% by 2025, with gigabit broadband available nationwide by 2030. I should also say that I am inundated with requests from Members across the UK for the roll-out to go faster and further, filling in not spots and so on.

If that ambitious target is to be achieved, infrastructure deployment needs to continue at pace. We know it is crucial that the legislative framework supports the companies who are working hard to help achieve that target. At the same time, I certainly understand the concerns of communities when new poles are installed. The legislation rightly recognises the impact of network deployment on communities and the environment. Most telecoms infrastructure, including poles and new masts, benefits from permitted development rights, as the right hon. Lady acknowledged. They allow certain types of development to go ahead without the need for a specific planning application. However, that is subject to some specific exclusions. Permitted development rights are also applicable to other forms of infrastructure development, such as transport and utilities. At a time when connectivity plays an increasingly vital role in our lives, it would be wrong for the planning regime for telecoms to be stricter than it is for other infrastructure. That will only create barriers to deployment.

[Ronnie Cowan]

In my constituency, when operators put up a new pole they put a wee plaque on it that says, “If you have an objection, phone this number.” They clearly know they are upsetting local communities in the first place. Would it not be better for them to engage with the local community before erecting the poles?

[Julia Lopez]

The hon. Gentleman makes a good point. There are ways operators can do that. Some operators are much more mindful of that and the need for community consent. Others are not acting according to some of the codes of practice installed to try to help deal with the kinds of issues he raises.

[Sara Britcliffe]

The Minister has come to the crux of the argument. Some providers are doing that, but others are not and that is a problem. There is nothing to say that providers have to engage with a local community before they do it. Yes, there are some very good providers who will do it, but I have experienced others that do not.

[Julia Lopez]

My hon. Friend makes a good point.

[Jim Shannon]

In Northern Ireland we welcome the broadband roll-out, which is going exceptionally well due to financial support from the Government. To be helpful and constructive, one of the things that we have done back home, which may help the hon. Lady and others to find a way forward, is that in almost every case the construction firms that are putting in the broadband have put the telecommunications underground, thereby doing away with the visual impact. That is a solution that works across my constituency, where broadband roll-out is quite significant.

[Julia Lopez]

The hon. Gentleman is right to acknowledge just how much progress has been made in Northern Ireland, where there is some of the best connectivity in the United Kingdom. I am proud that we have been able to make that investment, which is making a massive difference to his constituents. I will come to some of the points raised in interventions, which I hope will help hon. Members.

The electronic communications code provides the framework for operators to install infrastructure. Together with accompanying regulations, it sets out the conditions of how infrastructure must be installed in practice. The regulations require operators to share apparatus if possible and to install only the apparatus that they need. Although some of the issues are not entirely unique to Kingston upon Hull, they are particularly problematic there because of the monopolistic position of KCOM that the right hon. Lady raised. There is also a requirement to install lines underground, as has been raised, unless certain conditions apply.

The regulations set out how operators should engage with local planning authorities. They must notify them at least 28 days before installing a pole, to give them time to consider imposing any additional conditions to the proposed installation. They should engage with communities and other interested parties to engage with communities and other interested parties at that stage.

The final legal provision I would like to highlight is that the electronic communication code sets out who can object to and seek the removal of apparatus, and the circumstances in which they can do that. As well as the legal provisions, I draw the right hon. Lady’s attention to the cabinet siting and pole siting code of practice, which was agreed following the changes to legislation that gave greater permitted development rights and best practice for those installations. It encourages operators to site apparatus responsibly and engage proactively with local authorities and communities. I encourage all operators to adhere to that code of practice.

We have big digital ambitions, but we are making sure that we also support local communities along the way. Last year we made it easier for fixed line operators to share the use of existing poles—again, I think that there are some specific issues with KCOM—and underground ducts via provisions in the Product Security and Telecommunications Infrastructure Act 2022. That should help to reduce the need for new infrastructure, including poles, in future. We will carefully monitor the impact of the Act’s provisions as they start to have a real-world effect, as it gained Royal Assent only in December 2022 so it is still fairly early days.

My officials talk to Ofcom regularly about the electronic communications code and other telecoms issues. We are looking closely at how to ensure that all operators are aware of and adhering to their responsibilities under the code. We are also looking at whether steps are needed to educate local authorities on their role in the process, including the ability to escalate issues to Ofcom when needed. I note what the right hon. Lady said about her meeting with Ofcom. I will look into some of the issues that she raised about its stated ability to get further involved.

In addition to that engagement with Ofcom, officials in my Department have held meetings with representatives from KCOM and Connexin, to discuss some of the concerns raised with us about deployment in Hull. In addition, they have met with the local council to understand the issue from its perspective. We cannot interfere with individual commercial arrangements, but I have highlighted the obligations of all operators when deploying poles. Ofcom also regularly reviews the market, and last conducted a review into the Hull telecoms market in October 2021. I am grateful to the right hon. Lady for highlighting her concerns. I will ensure that they are relayed to Ofcom. I am pleased to have this chance to update her on the measures already in place, but there may be more that should be done in this area.

Let me turn to the right hon. Lady’s specific proposal to introduce a further layer of bureaucracy into the planning process. We are concerned that that would delay the roll-out of much better infrastructure and could deprive communities and businesses of the connectivity that they need. It will also increase deployment costs, which makes it not cost-effective for operators to deploy in some areas. As I mentioned, that risks creating a digital divide, which we are keen to avoid.

[Dame Diana Johnson]

I am not sure about the suggestion that either we get this rolled out, or we don’t because people have to be consulted. There could be a short period of consultation and engagement with local communities, but that would not mean that there would not be a roll-out of broadband, which we all want to see. This is not an either-or situation; we can both consult and see broadband rolled out.

[Julia Lopez]

I am not sure that is the case. We have consulted very closely, trying to make deployment easier, faster and more straightforward. I have concerns that adding an additional layer to the process would slow deployment. We have given the issue much consideration, particularly during the passage of the Product Security and Telecommunications Infrastructure Act 2022. I hope that legislation will encourage much more sharing of the infrastructure, so we do not have to see more Bills. Sharing infrastructure is a particular issue in Hull and I am happy to look into that in greater detail.

We believe that the current framework makes adequate provision for planning considerations, while allowing prospective deployment to happen at pace, promoting competition, increasing consumer choice and, crucially, helping to keep prices low.

I thank the right hon. Lady for bringing forward the debate and raising awareness of digital connectivity. I can assure her and the House that it is a Government priority, but I will also take away some of the legitimate concerns raised about specific operators during the debate. I will take up that conversation with Ofcom and see whether further work is needed in that regard.

Question put and agreed to.