Automated Vehicles Bill [HL]

Lord Lucas Excerpts

2nd reading
Tuesday 28th November 2023 Lords Chamber

[Lord Lucas (Con)]

My Lords, I do not have any problems in principle with the Bill at all, but I look forward greatly to Committee, given all the speeches I have listened to—we will have a lively time of it. My contributions will be on vehicle identification. Number plates clearly will not do, as there are millions of infractions. Lots of cars drive around with no MoT or insurance, and some are completely untraceable; we cannot rely on that system when it comes to automated vehicles. Automated vehicles need a different kind of identification anyway; they need to communicate a lot, they will need to include that identity in their communication and, as the noble Baroness, Lady Bennett of Manor Castle, said, we cannot let that system be hacked—that will need to be baked into the hardware. Therefore, you will need a set of international standards.

I emphasise to my noble friend the importance of being in the lead on international standards—it really gives you a grip on an industry. Look at what has happened in telecommunications. When I was young, we had GEC and Plessey and we were top of the world. We have lost that now, and one of the reasons we did not manage to hold on to even a bit of it is that we let the whole business of standards slip. The work we were doing on standards in this country was no longer thought important, no longer given emphasis, and therefore people in this country really did not have a grip on what was going on and where the industry was moving. Standards are absolutely the core of this and we really should put effort into the standards that are going to be embedded in automated vehicles, for they are many and they are really important, and identification is very much one of them.

As the noble Lord, Lord Cameron of Dillington, said, interaction with the police—my noble friend Lord Naseby expanded that to the emergency services generally—will rely a lot on communication. Policemen must have a way of talking to an automated vehicle, and the automated vehicle will want to make sure that that person is a policeman. This is a two-way system; at the base of it are standards. It is really important that the Government get this right.

I also hope to make sure during the Bill’s passage that, where we have a system of automated vehicles for general hire, the information on what vehicles are where and what they will cost is available universally to customers. We should not get into a system where people are confined to the particular operators they may have the app for. They ought to have access to universal information.

Data will be important. As my noble friend Lord Holmes of Richmond said, we need to have access to all the data so that we can understand what is going on and make sure that we are into a self-improving system and not developing areas of dystopia. At the same time, we have commercial confidentiality and value in the data; its governance will be really important.

In the short term most of these vehicles will charge at a depot, but that will not last. They will want to use public charging stations, so we have to look ahead. We have to be part of developing a standard for how an automated vehicle can charge any old where. Then we will have to start putting those charging stations in well ahead of demand. Again, it is about thinking ahead and standards.

I will delight the noble Lord, Lord Berkeley, by saying that we ought to look at automated vehicles on rail. Looking at what is happening on the periphery of the network—the sort of place I live—having a train every half an hour is not an efficient use of a dedicated corridor. If we had automated vehicles running in the same space, they could run when people wanted them to. They could just be there: you would get on when you arrived at the station, and it would stop at the station you want it to stop at. You would start to get a much more efficient system of transporting, using a space we already have and which is free of humans and cyclists. It is much easier to program for. I am not saying that it would do on the core network, but it would absolutely do on the peripheral network. It would be a really efficient way of reviving redundant rail lines, because you would not even need to install rails; you could just use ordinary wheels and tyres, and what remains of the railbed would carry a road very cheaply, as long as you were not running heavy trucks on it.

I am really concerned about the systems for reporting on the condition of the vehicle being effective and quick, and resulting in it being taken off the road and maintained speedily. It is not clear to me how the Bill will work in that area.

I listened carefully to what the noble Earl, Lord Lytton, said about road design, AVs being able to signal to others that they are AVs, and safe roads. We ought to be able to license AV to go just on the roads that are safe for them to use, not the ones where we know they will run into difficulties. I do not doubt that the noble Earl will table amendments on all these aspects. I shall be there to take a close interest in them.

The aspects of safety mentioned by the noble Baroness, Lady Bowles of Berkhamsted, and the noble Lord, Lord Berkeley, were absolutely on point. If we are to define safety, which has such a crucial place in this Bill, it has to be an effective and practical definition. We really have to understand how it works. The current wording is just too indefinite and imprecise. Does it effectively rule these out for 10 years, or does it allow anything? It is just not clear at the moment. Insurance will obviously be an important area; people such as cyclists and pedestrians who do not carry their own insurance need an easy, quick way of getting compensated when they are hurt by an AV. We need to keep the sort of model we have for being injured by a vehicle at the moment, and make sure that it applies to an AV in all circumstances.

Noble Lords will not be surprised that I will be pursuing the general question of automated vehicles and Eastbourne. People have talked about AVs in the middle of London; I do not think that is the best place to start with them. Somewhere like Eastbourne, where public transport does not work, you can use AVs to make public transport happen. We should be able to move away from being the town with the highest proportion of short vehicle journeys to one that is much more reliant on public transport, because automated vehicles should make that economic. We can also start to look after tourists much better, getting them out to the neighbouring attractions and around the countryside, and enabling bicycling and disabled access and other things, which are really difficult to do with current systems. It is the opportunities that I see, not the disadvantages of cluttering up Piccadilly, and which I really hope to pursue in Committee.

Automated Vehicles Bill [HL]

Lord Lucas Excerpts

Committee stage
Wednesday 10th January 2024 Lords Chamber

[Baroness Bowles of Berkhamsted (LD)]

My Lords, I think that this is the first time I have had an Amendment 1, but, in any event, it gives me pleasure to start the Committee stage of the Bill. For the purposes of Committee, I declare my interest, in that a family member works in the vehicle connectivity sector, but I have no financial interests.

I have three amendments in this group: Amendment 1, and Amendments 20 and 27, which are the same text appearing in different clauses. Amendment 1 is very much a “does what it says on the tin” amendment, and states that vehicle testing must include substantial real testing on roads as well as simulation testing for UK road situations. As well as for initial licensing, this may also have relevance when vehicles licensed in other countries are brought here, especially when driving on different sides of the road and road signs are differently placed. I was prompted to put in this rather obvious statement because among the various things that I read in the documents it was pointed out that simulation testing for UK road situations would be allowed—and I can accept its usefulness as an element when converting from well-proven automation on roads in other countries, for example. However, what I cannot accept is simulation on its own being sufficient, and I wish to ensure that that is not the case.

A further reason for this amendment is that I am aware of how, in the US, there have been issues moving from one city location to another, because of different road widths, despite those having been simulated. Noble Lords who do transport all the time can probably identify what I have read, but I am sure that moving from Los Angeles to the UK would have even more issues, including, for example, more narrow, ancient, humpback or bendy traffic bridges without traffic lights where it is possible only to go one way at a time.

Despite having come up with amendments, I take the approach across this legislation that I understand it is an enabling framework and will not contain detail and, further, that with consultations and so on, a broadly sensible approach will result. Nevertheless, when we have been given documents that explain current thinking and direction, they also explain that they are not fixed promises—presumably because there is still quite a lot of work to do and we do not yet know what the priorities will be. From looking at other amendments generally, it seems that other noble Lords also think we need a few more fixed promises on things that we can be certain will not be left out, and therefore seek to have them in the Bill. For me, real UK road testing, rather than only simulations, is one of them. Obviously, within that, I would expect the road testing to apply to the roads on which the vehicles will be licensed for automated use: on motorways for motorway driving, in towns for town driving, and country lanes with single-lane passing places—if you are lucky—for country lane driving. Will the Minister confirm that this will be the approach, and can we have assurance by some text in the Bill?

My other two amendments, Amendments 20 and 27, relate to adding insurance and captive insurance into the provisions that establish the financial soundness of an authorised self-driving entity. The Law Commission referenced insurance as being able to provide part of the financial soundness, and I would like to see that included, rather than it being thought an additional measure on top of everything else.

I also raised the issue of captives with the Minister at Second Reading, and I thank him for his reply. In the Bill, I would like to see captives acknowledged alongside mainstream insurance as an acceptable form of insurance in the context of ASDE financial stability. Call me cynical or pedantic, or probably both, but I have had too much involvement in financial services and insurance not to think that it needs specific elaboration to ensure that captives, as well as independent insurance, can be considered as an element of the financial stability package.

As I said, I found insurance mentioned in the Law Commission documents as a possible part of the financial stability assurance, so can the Minister say whether there was any specific reason for not following suit and not mentioning it in the Bill? If there were no specific reasons, will the Minister be inclined to recognise my warning, as there might be quibbling if it is not specified? I beg to move.

[Lord Lucas (Con)]

My Lords, I have a number of amendments in this group. I begin by asking my noble friend the Minister to encourage his team to get me a reply to what I call my Eastbourne email. I hope to use that as a means of understanding exactly where the Government find themselves with a practical example of an early-stage project. It would be helpful to have that by the second day in Committee. If I have already received it, I have missed it, so I would be grateful to him for pointing that out to me.

What binds the amendments in this group together is, first, that I do not expect these things to appear in the Bill because I think that they are covered. But they are covered in a way that does not make it clear what the Government will actually do, so I hope to draw out of them some information on what their intentions are.

Secondly, the amendments encourage the Government to take the standards-setting process seriously. I have some long experience observing the telecommunications industry. That has faded from my early days in the City, when we were one of the dominant world players, to now, when we are nothing. Part of that decay has been because we let standards-setting slip. If you want to be a place where a new technology is establishing itself and where companies want to come and be part of what you are doing, being part of the standards-setting is absolutely key. You have to assign good people to it—people who will be internationally respected for their views and insights in the industry—and give them the time to make a really serious contribution to the process. It is then independent of what is happening in the UK; they become part of the wavefront of what is happening, because the whole standards-setting process involves understanding the way things are going, what is happening and who is doing what. That information then flows back into the structures in the UK, and you get a local understanding of where the opportunities are and how the UK might take advantage of them.

If we had had that with telecommunications, we would not be in the dire state we are in now. We started with huge advantages, but they have all gone. Here we are with a new industry and a very clear need for international standards, so we absolutely must take that seriously and put our backs into being part of that process.

I will pick up on the individual amendments. The vehicle identification system—the way in which vehicles will say, “Hi, this is me”—will clearly be electronic. The whole business of using number plates has broken down, and there are 10 million or so unauthorised vehicles on British roads, for all sorts of reasons—vehicles that are just not known to the DVLA, are not taxed and have strings of outstanding parking tickets. Nobody knows whether a number plate they see is real or cloned. We do not need this happening in a new industry, where it will be really important to establish exactly which vehicle was doing what and at which time. It has to be an electronic system, it has to be something that is embedded in hardware, and it absolutely has to be consistent internationally. A vehicle coming over from the continent has to use the same system. This is an example of something that we have to develop and a direction we have to go in, and we absolutely have to be part of setting that standard.

Amendment 15 looks at the question of a passenger alarm. If you are in a vehicle that is travelling totally autonomously and something is wrong and you want to raise the alarm, how do you do it? What is the system? What should you expect to find in the vehicle? Are we going to restrict travelling to people who happen to have mobile phones on them at the time? I hope not. What is the system to be? Again, we ought to be part of establishing international standards, because we want to be able to admit vehicles to the UK. This should be about not just our own domestic expectations; there should be something running internationally.

We want vehicles to be able to communicate where they are and, if they are part of some kind of lending, taxi or other scheme, whether they are available. Again, this needs to be done in a standard way, so that different owners and manufacturers are all sending this information out in a consistent way, and on the back of it can be built the sort of systems consumers will need to know whether or not an autonomous vehicle is available to them. We should not reach a block or allow this to become balkanised, with different companies owning little bits; the information available to consumers ought to be clearly available to everybody.

Amendment 17 looks at the process of reporting on the condition of vehicles, as there are various bits of the Bill that make it clear that automated vehicles are expected to be well maintained. If a vehicle detects that it is not in the state that it ought to be in, that needs to be reported. It needs to be reported not just internally to the system but in a way that makes that information, and the fact that it was reported, available to investigating authorities. Again, we need a standard for that, and it needs to be an international one.

Amendment 18 looks at the question of waymarkers: how a vehicle knows exactly where it is in a relatively autonomous landscape. Are we going to be totally reliant on the navigation satellites working or are we going to have a more ground-based reference system? Some manufacturers clearly think that they will have within their vehicles an image of the routes that they are taking and that the vehicles will recognise where they are. That is a darned hard thing to do on some motorways—you just do not know which bit you are on, or indeed which country you are in: “Am I in Germany or am I still in the UK?” There is a system on motorways where, in the physical sense, you can look at the waymarkers—if you are not travelling too fast—and see where you are; if you break down, it allows you to read the sign and say what distance from it you are. Are we thinking of building that into automated vehicles?

Lastly, how will vehicles communicate with the emergency services, whether it is a fire engine coming up from behind asking the vehicle to pull over and let it through or a policeman standing at the edge of the road, waving down the vehicle to stop? How will that be achieved? Again, we will want there to be an international standard; we do not want to find that vehicles coming in from abroad are unable to speak English. There has to be a common system in there somewhere. However, we absolutely want it to happen—we do not want our police to be powerless and for the automated vehicles to sail past them because they do not understand a hand wave. There has to be some communication system. There are lots of options, but we have to specify it.

--- Later in debate ---

[The Parliamentary Under-Secretary of State, Department for Transport (Lord Davies of Gower) (Con)]

My Lords, I am very grateful to colleagues across the House for their contributions this afternoon and for the discussions that we have had on the Bill in recent weeks. The amendments in this first group relate to the assessments we will apply both to vehicles and the corporate entities that operate and take responsibility for them.

I will begin with Amendments 14, 15, 16, 17, 18 and 19, all tabled by my noble friend Lord Lucas. I whole- heartedly agree with the points that he and the noble Lord, Lord Liddle, raised about the importance of standard setting. Indeed, we are already well established in the key international fora on these issues and are funding the British Standards Institution to help develop industry best practice. However, as always, a balance must be struck between the benefits of leading the way and the risks of acting prematurely. I absolutely acknowledge what my noble friend says about the intention of these amendments. None the less, taken at face value, these amendments risk creating an inflexible system that could hamper, rather than enhance, the UK’s international influence in this industry.

I will take each amendment in turn. On Amendment 14, it is the Government’s view that the number plate remains fit for purpose and that mandating an alternative, as yet unproven, technology would be of little value without significant investment in the corresponding roadside monitoring equipment. On Amendment 15, our policy scoping notes already set out our intention to consider passenger communication as a component of operator licensing. We believe that this is the right place to specify these types of requirements. On Amendment 16, Clause 12 requires that licensed operators oversee their vehicles and respond to issues that may arise. This means that the ability to monitor location is already implicitly required. The requirement to indicate availability is confined to automated passenger services. It is therefore disproportionate to apply it to all self-driving vehicles.

Moving on, we believe that the intent of Amendment 17 is already provided for. In order to satisfy the self-driving test, Clause 1 requires that vehicles be capable of operating safely and legally. A vehicle that was able to enter self-driving mode while aware of a safety-critical fault, such as a sensor failure, would not satisfy the self-driving test and would not be authorised.

Turning to Amendment 18, self-driving vehicles must be capable of operating using the road infrastructure as it exists today. This will necessitate the ability to recognise the range of signs currently found on our roads. Adapting road signs or developing other way-markers to accommodate self-driving vehicles is therefore, in our opinion, unnecessary.

Finally, we believe that Amendment 19 is already largely addressed by the stopping powers provision in Clause 57. I hope this also addresses the point raised by my noble friend Lord Holmes of Richmond. I will finish on this section by assuring my noble friend Lord Lucas that we will get a prompt response to his email regarding the Eastbourne scheme.

I turn now to my noble friend Lord Holmes of Richmond’s Amendment 55C. The benefits of harmonisation must be considered carefully against the impact on innovation, costs and cybersecurity. A harmonised interoperability standard will be lengthy and complex to negotiate. Doing so quickly risks picking the wrong technologies and falling behind.

Amendment 28, tabled by the noble Lord, Lord Liddle, risks confusing the role of the no-user-in-charge operator with that of the authorised self-driving entity or ASDE. Before a self-driving feature can be authorised, the ASDE must demonstrate the technology can deal safely with faults by executing a minimum-risk manoeuvre and bringing the vehicle to a safe stop. We would not wish to undermine this key ASDE responsibility by suggesting that a no-user-in-charge operator can compensate for inadequate design in the technology. Operators will of course be subject the ongoing requirements of their licences. We will have broad powers to ensure these are followed.

Moving on to Amendment 13, I reassure the Committee that all manufacturers will be subject to the same high expectations and robust requirements, regardless of who they are. To arbitrarily constrain the pool of manufacturers which can be authorised would risk stifling innovation. Our focus is rightly on ensuring that corporate entities meet the appropriate standards of competence, repute, financial standing and technical capability. The powers in Clauses 6 and 91 already make ample provision to set such standards. On the point the noble Lord raised about national security, such issues could be taken into account in a consideration of the good repute requirement.

On Amendment 26, Clause 10 already requires that the register of authorisations be made public. In line with standard practice for official government publications, I can confirm that this will be done online. The amendment is therefore unnecessary.

Turning to Amendment 43 in the name of the noble Baroness, Lady Randerson, we intend to explore technical solutions to ensure that automated vehicles cannot operate unless they can do so safely. For example, we could require a vehicle to check it has the latest software update before the self-driving feature can be engaged. Such provisions are possible under the powers of the Bill. Due to the technical nature of such requirements and the continued development of the technology, this is best achieved through secondary legislation. We also have the safeguard that, where an authorised-self driving entity ceases to assume responsibility for the vehicle, the vehicle’s authorisation would be withdrawn. In such a case, standard consumer protections would apply. On the specific question of responsibility for safety- critical updates, this sits with the authorised self-driving entity as the body accountable for a vehicle’s safety.

This brings me to the noble Baroness’s Amendment 22. I am conscious that the noble Lord, Lord Berkeley, also touched upon this issue. The Bill does not prevent foreign vehicles from being authorised as self-driving in the UK. However, they will naturally need to demonstrate that they are capable of operating safely and legally on our roads. Requirements to be overseen by an appropriate authorised self-driving entity and licensed operator will also apply as usual. Any non-authorised feature would be classed as driver assistance. The driver could therefore be charged with motoring offences if they divert their attention from the road. Of course, appropriate information will need to be provided at the border. We are working with international partners to develop guidelines to facilitate automated vehicles passing from one jurisdiction to another, including as part of the relevant UN expert group. In the interim, we expect other jurisdictions to apply similar safeguards as we intend to, for example, that vehicles’ systems be designed to deactivate outside of their authorised geographic area. I hope this offers the noble Baroness a sufficient explanation of the position.

On Amendment 1, tabled by the noble Baroness, Lady Bowles of Berkhamsted, the Government agree that real-world testing will play an important role in ensuring the safety of self-driving vehicles. That is why we are already funding real-world trials here in the UK. Setting requirements for real-world testing through the powers in Clauses 5 and 91 will allow these requirements to evolve alongside the standards they assess. Regarding the “substantial” amount, I would also add that it is ultimately the quality of testing that matters, rather than the quantity. This point was made very well by the noble Baroness, Lady Brown of Cambridge. For example, 100 hours of rush-hour driving is likely to be more revealing than 1,000 hours of navigating empty streets. Again, these nuances are best captured in secondary legislation.

Moving finally to the noble Baroness’s Amendments 20 and 27, the Bill leaves flexibility for financial standing to be demonstrated through insurance cover—a model we refer to in our policy scoping notes. While I believe it would be too specific to make a reference on the face of the Bill, it will be appropriate to expand on this issue as part of authorisation and licensing requirements. I will welcome the noble Baroness’s expertise if she wishes to make representations at that stage. Lastly, I can confirm the Government’s wider consultation on insurance captives is due to be published in the spring. On that basis, I hope the noble Baroness will be prepared to withdraw her amendment.

[Lord Lucas (Con)]

My Lords, I was struck by my noble friend’s answer on Amendment 43. Is he saying that, should one of the small innovative companies we have in the UK go bust, anybody who has bought their product will immediately find it is valueless because they are no longer allowed to use it? That would seem a considerable disincentive to buy kit from small British companies.

[Lord Davies of Gower (Con)]

I am sorry if the noble Lord took that view of it, but that was not my intention.

Automated Vehicles Bill [HL]

Lord Lucas Excerpts

Committee stage
Monday 15th January 2024 Lords Chamber

The Department for Transport must be aware of the urgent need for this legislation because the companies concerned have been vocal about it. Why was the decision made to exclude this blossoming sector from the legislation? What are the problems with including it? Will the Minister agree to go back to his department and consider broadening the scope of the Bill so that the sector can be included, allowing us to take advantage of the latest technology? I beg to move.

[Lord Lucas (Con)]

My Lords, I have a couple of amendments in this group, but I will start by talking about Amendment 51 in the name of the noble Lord, Lord Liddle. If he wants to come in ahead of me and take precedence on it, he is welcome to do so. No? I thank him.

Last time, I talked about what I referred to as my Eastbourne letter. Since then, I have had a courteous non-reply. It seems to me that the Government are really lacking energy on this. They are not making speed; they are not forging ahead; they are not looking for opportunities in the way I would hope. What the noble Baroness, Lady Randerson, has just said about delivery vehicles is typical of that, as is their inability to give me an idea of how a particular operation might be tackled by automated vehicles. What are they looking at? Where are they taking this industry? Are they a Government who are in the lead or just sitting back and waiting for things to happen? Currently, they are giving me the second impression. I hope I am wrong, but nothing I have heard in our previous session, today or in the letter has given me any comfort on that.

I very much support Amendment 51 in the name of the noble Lord, Lord Liddle. Let us pin down the Government on this matter and get them to produce a very useful strategy in six months’ time, so that we know what they intend to do and we get some energy and direction, rather than just the gentle, permissive Bill we have at the moment.

I have two amendments in this group, Amendments 44 and 45. The former looks forward to the point where automated vehicles become standard. In the early days, there will be a little fleet, and whenever it needs recharging, it will trundle back to its base. But that is not the way of operating any large-scale automated vehicle rollout; they have to be able to charge at ordinary, public charging points. If that is to be possible, we have to start thinking about the problem now. There is no point putting in a whole network of charging points, which we are making reasonable progress on, if none is usable by automated vehicles. We have to remember that, under our intentions, these charging points will be used by automated vehicles in five or 10 years hence. What does that look like, and what are we asking for? This comes back to the point I made last time about international standards: what do we expect to be available for an automated vehicle to hook into a roadside charging point? It does not carry a credit card with it—at least not in the ordinary way. These problems have to be addressed, solved and agreed internationally early and then incorporated into the rules and regulations we have for the charging point rollout. The point of my Amendment 44 is to give the Government power to specify how the charging point rollout should be made accessible to automated vehicles. They should commit to do at least that in the Bill, and then we can push them to do it speedily.

My second amendment is about using automated vehicles on railway track. There are two railways—particularly in relation to the Beeching railways—that we might want to revive. They will start off as routes that people are not used to using and where there is no existing train service—we are not trying to divert trains down them, by and large. Why do we not want to consider using the best available technology and run a service which runs every minute, rather than every hour, and that stops at the stations that the people in the vehicles want to stop? There are all sorts of other things that could come from using automated vehicles. From the point of view of automated vehicles, you are dealing with an environment where there are no people—but maybe the occasional cow. It is therefore a much less problematic environment to run an automated vehicle service than a public road. Where we are looking at reviving railways, or looking at a low-use branch service that we would like to make much better, we ought to look at automated vehicles as an alternative. The point of my Amendment 45 is to make sure that the Government have the power to do that, should they ever have the opportunity. I very much look forward to the noble Lord, Lord Liddle, proposing his amendment.

[Lord Liddle (Lab)]

My Lords, we have had two very interesting and productive contributions from the noble Baroness, Lady Randerson, and the noble Lord, Lord Lucas. The noble Lord has, in essence, put his finger on a real point about whether the Bill is satisfactory. On our side of the House, we want to promote innovation: that is what the country needs. The country needs new ideas and new things that will work and will be commercially successful. An innovation policy is not just a matter of making regulations for something that somebody has already had an idea about that might work—which, I think, is the case with the classic automated vehicle—it is also about considering how the technology that we are on the threshold of developing can be applied more widely in a way that leads to great human benefit and advance. Our probing amendments—and they are very much probing amendments—are on the theme of how wide the scope of the Bill is and whether the issues have been thought through as a genuine innovation policy for the country.

My two amendments, Amendments 51 and 56, are really about what is in the scope of the Bill. Are we regulating for delivery robots or not and, if we are, have we thought about how this framework might be different from the automated vehicle framework and how it would be the same? This is a very serious issue, and you can think of lots of social benefits from a widespread rollout of delivery robots. On Amendment 51, have we thought about these questions in terms of public transport, as against the automated car? What special arrangements do we have to make for public transport, if any, and where? These are speculative amendments, but I think they are raising fundamental points about whether this Bill is going to be a great leap forward for us or not.

The other aspect which we are concerned about is the infrastructure element. What changes in infrastructure will be necessary? Have the Government done work on that? Have they thought about where roads need to be redesigned and how the sensing systems of artificial intelligence will work on our infrastructure? I can see quite a lot of potential costs in this, but I do not want the cost to be a barrier to innovation. I want the Government to have thought in advance about how you deal with the question of what changes in infrastructure are necessary. I do not want a repeat, if I can say it plainly, of what I think has been the pretty chaotic rollout of charging points for battery vehicles. We need a plan. Is the Bill giving us a plan or a road map for these developments? With those comments, I commend our amendments and look forward to the Minister’s reply.

--- Later in debate ---

Will the Minister be prepared to sit down with me, colleagues and the ORR to see whether a similar arrangement could be made for an independent statutory body—maybe the ORR or another body—to investigate on an ongoing basis whether everything that is proposed, especially under secondary regulations that we will not see, is the best and safest? I look forward to hearing the Minister’s response.

[Lord Lucas (Con)]

My Lords, I very much hope that the Government will look at Amendment 25, in the context not only of this Bill but of whether the MoT test needs updating anyway in these respects. More and more aspects of automation are coming into cars. We heard last time how cars can be frightened of bags blowing in the road or reluctant to change lanes when asked as a result of automated features; doubtless, more will come in. Such features are having a noticeable effect on the way that a car behaves on the road. We ought to test to make sure that they are operating properly. I do not see any trace of that in the MoT as it is. We should be aware of the need to move.

[Lord Tunnicliffe (Lab)]

My Lords, I will speak briefly to each of the amendments in this group, a lot of which have what I call a “motherhood” characteristic. In other words, they are self-evidently sensible things to do; the debate is whether these ideas are properly caught by the language or whether, indeed, they need to be on the face of the Bill. Therefore, I would like the Minister to try to answer in two ways: first, whether he essentially disagrees with the concept in the amendment and, secondly, if he agrees with it, why we should not have it in the Bill.

I start with Amendment 25; I believe Amendment 59 is consequential to it. This is an entirely reasonable amendment. It is difficult to believe that the standards expected and the areas considered will be identical—or even largely identical—to the present MoT regime, and therefore I think a review is entirely sensible.

Similarly, my noble friend Lord Berkeley has made a good point in Amendment 37A—and, as I read it, Amendment 57A is consequential—that the Office of Rail and Road could make a singular contribution. The ORR’s problem is that it has the responsibilities of a railway inspectorate on the one hand and, potentially, of a road inspectorate with particular reference to this area. The problem, particularly on the railways, is that there is often not enough business to keep such teams properly employed. The skills required are very similar. It could be a merger of two teams or learning from each other—there are all sorts of things that one can think of when it comes to drawing the rail and road people into the way that the various investigatory and rule-setting powers would work. As I said, Amendment 57A is consequential.

My noble friend Lord Liddle has three amendments in this group. I shall speak particularly to Amendments 40 and 41. I did not find these the easiest to read because the whole problem of taking a statement and then adapting it to a new meaning is not without its hazards. I will quote the appropriate subsections from Clause 61. Subsection (1) says:

“The main purpose of the role of inspector is that of identifying, improving understanding of, and reducing the risks of harm arising from the use of authorised automated vehicles on roads in Great Britain”.


That is then conditioned by subsection (2):

“It is no part of that purpose to establish blame or liability on the part of any person in relation to a particular incident”.


That is a no-fault environment in which many people would agree you get a better result out of the inspection of events. However, we feel that we need to take that further. Amendment 40 would add, at the end of the wording in subsection (2),

“unless the investigation concludes that a failure in the technology of an automated vehicle is at fault”.

That would give it a specific requirement to bring out and invite the inspector to say, “It was the technology that caused this accident”. We think it important that they are able to specify that the technology was at fault.

Clause 68(1) says:

“An inspector must report any findings of an investigation to the Secretary of State”.


In a sense, that implies that this is pretty routine stuff and it only needs to go to the Secretary of State. We believe that because of the complexity, and the obvious desire of the people who have looked at this at some length that parliamentarians should be involved with the evolution of this, there should be a caveat to that. Amendment 41 proposes to add

“who must lay this report before Parliament should the investigation find a technological failure of an automated vehicle to be the cause, or one of the causes, of an incident”.

So the situation would be that the Secretary of State received all reports where the technology had not been found at fault, but where the technology had been found at fault, that would be reported to Parliament.

In Amendment 55E, the noble Baroness, Lady Randerson, has asked for a workforce strategy. This is classic. The whole of the UK, frankly, calls for a workforce strategy, and over and over again you see decisions being made without regard to the workforce capability. There is a good case for this particular role, but the Government should grasp the proper use of workforce strategies in managing our society. We think of the problems of doing something as being about physical things, such as factories, but over and over again it is the limitation of skills. Any activity is as much about the skill of the people working with it—it is particularly interesting to look at this in the military—as it is about the kit they are using to deliver it. We should be thinking more and more in these terms. I do not know whether this is one of the launch areas, but bringing it up in the Bill was a good thing.

Finally, Amendment 56A from my noble friend Lord Liddle, as stated in the explanatory statement, is

“to probe the difference between ‘automated,’ ‘autonomous,’ ‘autonomously’ and ‘self-driving’”.

There is an unwritten rule that, when writing standards, you never use synonyms. The moment you use synonyms you ask people to start trying to define the difference. If you have a good, simple concept, it should have one label in any regulation. It makes the writing very boring, because there is so much repetition, but it makes it unambiguous. I am afraid that this document is somewhat ambiguous because of the various terms that it uses for the same concept.