Telecommunications Infrastructure (Leasehold Property) Bill

Lord Liddle Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Tuesday 19th May 2020 Lords Chamber

[The Deputy Chairman of Committees (Baroness Finlay of Llandaff) (CB)]

My Lords, we are aware that there are some connection problems for the Minister, but we will continue as we are at the moment. I have been notified of three noble Lords who wish to speak now: the noble Lord, Lord Liddle, the noble Baroness, Lady McIntosh of Pickering, and the noble Lord, Lord Adonis. I will call each in turn, and after each person the Minister will respond. I call the noble Lord, Lord Liddle.

[Lord Liddle (Lab)]

My Lords, I am grateful for being allowed to intervene. Had I realised the procedure, I would have made some Second Reading remarks myself at an earlier point. I support the Bill. It is a modest measure that takes us nearer what I think should be the public objective of a universal service of high-speed broadband. It therefore has my general support.

There are two points from the Minister’s summing-up on which I would like to press her. The first concerns the question that my noble friend Lord Adonis asked about the future of BT Openreach. I am afraid I did not fully catch what the Minister said in reply because of connection problems, but I regard this as a subject of fundamental public interest. I would like to be assured that the Government will also regard it as such and will not just say, “This is a matter for BT to decide what it wants to do in terms of its own private interests and its shareholders’ interests”. I would like an assurance that this is regarded as a matter of great public interest.

My second point relates to the final section of the Minister’s legal bit at the end about who is and is not entitled under these arrangements to press for better connections. I shall look at this question in a very practical way. I am very concerned about young people, including students, living in short-term lets in multi-occupier buildings—for instance, in old council blocks where someone has bought a flat to rent it out and their main occupiers are students on short-term tenancies. I should like an assurance that this provision applies to young people and students whatever the basis of their living in that kind of accommodation. It is fundamental that young people have access to high-speed broadband. This has been brought home to me as chair of Lancaster University, where we are now doing our teaching online. Even when the Covid-19 crisis comes to an end, a much higher proportion of university teaching will be online, and this applies to many other vital spheres of life. There is a practical concern here. I ask the Minister to go back to the department, think about all the circumstances in which young people and students rent accommodation in blocks of flats and multi-occupier properties, and say whether they have an untrammelled right to ask for better provision and whether the process will be so rapid that a student on a short-term tenancy will want to see it through.

[Baroness Barran]

I thank the noble Lord for his additional questions and I apologise to your Lordships. There is a certain irony in my signal not being quite strong enough for this Committee stage.

In answer to the noble Lord’s question about Openreach, what I tried to say in response to the noble Lord, Lord Adonis, when he put this point, is that any sale is a matter for the BT Group, but the department’s understanding, based on further articles in the press, is that the original Financial Times article was inaccurate. We continue to engage with BT and Openreach, but ultimately it is a private company, albeit subject to all the competition laws and wider legislation that might be relevant.

In relation to students, the noble Lord makes a very important point. I spent quite a lot of time recently talking to young people, including students, about the impact of Covid on their lives. The points he makes are definitely reiterated by them. As the noble Lord knows, students will live in a range of different types of accommodation with different arrangements. Where they are occupying accommodation such as an assured shorthold tenancy or an assured tenancy, they will be covered by the Bill.

The noble Lord’s wider point was about thinking through the practicalities, which is what my officials have spent much time doing. This was explored extensively in the other place. The balance we need to strike is between the three parties—the landlord, the tenant or leaseholder and the operator—and that is what this legislation seeks to do.

--- Later in debate ---

[Lord Liddle (Lab)]

My Lords, I strongly support what my noble friend Lord Stevenson has said. I do not understand the Government’s problem with giving operators this right. There is clearly a planning benefit, in terms of efficiency, in giving them the right to look at the problems area by area and to identify where additional provision needs to be made in order to promote a universal service. I just do not see why the Government want to deny us this amendment.

[Lord Clement-Jones]

My Lords, I have put my name to the amendment in the name of the noble Lord, Lord Stevenson, who is correct in saying that the purport of our amendment, Amendment 8, is very similar. I was struck by the Minister’s implying that, if we are not careful, consumers will be forced to take a service. That is not the situation. What we want to do, as far as possible, is to facilitate the laying of fibre across 100% of the country. Consumers can well make up their own minds about whether to enter into a consumer contract. We need, as far as we can, to facilitate the operators in what they do. Just as with electricity—we have had several references to the utilities aspect—people should have access to this. I cannot understand why the Government are not making a distinction between laying the infrastructure and then entering into consumer contracts for the supply of internet services; the distinction is readily understood.

I accept that the Bill introduces a new process for operators to gain access in cases where a tenant has requested a service and the landlord is unresponsive. This will, of course, be helpful for deployment but it depends on a tenant requesting a service rather than supporting the proactive laying of cable ahead of individual customer requests. That means that operators’ teams may not be able to access buildings in areas where operators are currently building, or plan to build, so they will be less effective in supporting rapid deployment. That is what the Bill is ostensibly about: facilitating the deployment of fibre. The most efficient building process is when operators can access all premises in a given area, rather than having to return to them when a building team may have moved many miles away.

Operators say that if they were able to trigger this process without relying on a tenant request for service, they would be able to plan and execute deployment much more efficiently—in effect, proactively building in these MDUs at the point where their engineering teams are in place, rather than waiting for a tenant to request a service. Both these amendments are pure common sense; I hope that the Minister will accept them.

Telecommunications Infrastructure (Leasehold Property) Bill

Lord Liddle Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Tuesday 2nd June 2020 Lords Chamber

[Lord Bhatia (Non-Afl)]

My Lords, I did not participate in the previous debates on this Bill because my broadband system was not fully connected. It was difficult to see or to print out the Hansard reports of the previous sessions.

I wish to speak to Amendment 22 and largely support what the noble Lords, Lord Adonis and Lord Clement-Jones, have said. The amendment would enable the court to make an order requiring a landlord to allow an operator to provide an electronic communication service to a leased premises. Such a service has become very important in the current Covid-19 climate, when many of us are housebound.

It is very disturbing to hear that BT might sell off Openreach. If that is true, all the timetables and budgets will have to be revised, and it will have huge consequences for the people who need broadband for their business and for individuals in their homes. Due to the Covid-19 lockdown, everyone is homebound and working from home. To participate in this debate, I have had to print out a copy of the Bill and the Hansard reports of the previous debates. In my home, I use Virgin’s services. My daughter uses BT internet. Both systems have strengths and weaknesses but are largely reliable.

My Virgin system is excellent and rarely fails, but when it fails it is a big problem. Some months ago, the Virgin fibre service had an unfortunate accident. Someone had slashed through the fibre cables, which, as I understand it, are deep in the ground. It took some weeks before the engineers, who worked day and night, traced the location of the fibre that had been cut and had to be reconnected. On the telephone—the only way of contacting Virgin—we were told that the system would soon be back in service, and finally the service was restored.

As I said earlier, there was a weakness, but users have been given no compensation for the system failure. There was no email service through which Virgin could be contacted. The only way of doing so was by telephone, and it took many hours to be connected, as thousands of users were trying to reach Virgin. As I said, to date, no compensation has been received. The problem with BT internet is that it is provided through open copper wires, which can be cut down due to falling trees or other accidents. As a result, delays are inevitable.

Although the debate has centred around blocks of flats and tenants who are unable to get internet, there is little or no mention of citizens in urban areas who have low incomes and are unable to pay the charges for the service. The Covid crisis has made many people jobless, as they are on zero-hours contracts. Some time ago one often used to hear mention of IT and broadband poverty.

I have three questions for the Minister. First, will he please clarify whether BT is going to sell off Openreach? Secondly, if Openreach is sold, is there a plan to ensure that the Openreach buyer will be able to continue the services seamlessly and on the same budget and timeframe? Thirdly, will the Government provide free services to those who are unable to pay for broadband and other services?

[Lord Liddle (Lab)]

There have been some excellent speeches in this debate and I fully support the amendment moved so ably by the noble Lord, Lord Fox. We are debating matters of fundamental political importance, and I disagree with the suggestion of the noble Baroness who said that this can all be left to regulators. The fact is that in these areas far too much has been left to regulators. These are questions of politics and whether Ministers are really driving progress. That is why I think that regular reports to Parliament are a very good idea.

When listening to the noble Baroness, Lady Barran, and the noble Lord, Lord Parkinson, I have felt that the Bill has been presented to us as a sort of trifling or very minor measure, but in fact it is on a huge subject. In the Conservative manifesto, as I am sure the noble Lord, Lord Parkinson, will confirm in his concluding remarks, the Government made a very bold commitment to full fibre and gigabit-capable broadband for every home and business by 2025. It would be good if the Minister could reaffirm that that is indeed the Government’s commitment. The case for it has grown: we saw in the general election the cry from the left-behind areas of the country. They put their trust in Mr Johnson because he said that he would look after them. It is absolutely essential to the fostering of new enterprise in, for instance, west Cumbria, where I live, that we have top-class, gigabit-capable broadband. The question is: will we get it? It is a big political question and the Government have to satisfy us that they will deliver on those promises.

The Covid crisis has made the question of access to broadband also a fundamental question of equality. I am struck by a lot of the research into the damage to children’s opportunities being done by schools being closed. Some of the greatest damage is where families do not have access to broadband and where schools are not providing teaching online, yet those inequalities could be addressed by a vigorous Government who were prepared to make sure that the infrastructure was available to everybody.

I support this legislation, which gives the service providers due rights over landlords. I am worried that it is not enough. The noble Baroness, Lady Barran, descended into lots of verbiage—if I might put it so crudely—about the balance of powers in this Bill, which makes me think that, actually, it does not really give the service providers what they need to aggressively provide a more universal service. We cannot put obligations on providers to provide a universal service unless they have the muscle to be able to do it.

In the Conservative manifesto, not only was £5 billion of public funding promised to promote these digital objectives, but

“a raft of legislative changes to accelerate progress”

will be introduced. I suppose this Bill is one of those legislative changes. We know we have got the telecoms security Bill coming later this year, and we know that there is a furious debate going on in government about what it should say. How much are those debates about the telecoms security Bill going to delay the 2025 objective? The Government should be straight with the electorate about the trade-offs here. We need an indication in the Bill of how far it is going towards this raft of legislative changes to produce great progress, what other legislative changes are going to be proposed, and on what timescale. If this is a trifling measure, what is the big measure that is going to produce the results?

I very much support this amendment and look forward to the Minister’s reply, because I want to see clear commitment to action that will be reported on to Parliament on a regular basis.

[Lord Livermore]

My Lords, as we have heard, Amendment 21 would introduce a review requirement relating to progress on the Government’s stated target of achieving universal access to gigabit broadband by 2025. I hope the Minister will be able to make a clear commitment to progress reports, either from his department or from Ofcom. While we do get estimates of statistics from the latter, there must be some mechanism for understanding how the Government aim to address any shortcomings.

Furthermore, the view of the committee this afternoon seems very clear that more needs to be done, and we are certainly sympathetic to the idea of an amendment such as that suggested by the noble Lord, Lord Fox. Amendment 22 seeks to upgrade one of the delegated powers in the Bill to the affirmative procedure. The 12th report of our Delegated Powers and Regulatory Reform Committee did not flag this power as problematic, but it would nevertheless be helpful if the Minister could outline the process that these regulations will be subject to prior to their publication and entry into force.