Leaving the EU: Mobile Roaming Charges

Lord Watson of Wyre Forest Excerpts

Thursday 7th February 2019 Commons Chamber

[Tom Watson (West Bromwich East) (Lab)]

(Urgent Question): To ask the Secretary of State for Digital, Culture, Media and Sport if he will make a statement on mobile roaming charges abroad in the event of a no-deal Brexit.

[The Secretary of State for Digital, Culture, Media and Sport (Jeremy Wright)]

Delivering a negotiated deal with the EU remains the Government’s priority, and that has not changed, but I am sure the House will agree that we must prepare for every eventuality, including a no-deal scenario.

For that reason, we have taken a number of steps as a Government, working with businesses, consumers and devolved Administrations, to make sure that we deliver the best possible outcome in the event of no deal. The Government intend to legislate to make sure that the requirements on mobile operators to apply a financial limit on mobile data usage while abroad is retained in UK law. The limit would be set at £45 for each monthly billing period, which is the same limit that is currently in place. We would also legislate to ensure that customers receive alerts at 80% and 100% of their data usage so that all users can carefully manage that data usage. These would mean ongoing clarity and certainty for consumers.

I know that there is also a concern on the island of Ireland about the issue of inadvertent roaming. This is when a mobile signal in a border region is stronger from the country across the border. The Government intend to retain through UK law the EU roaming regulation provisions that set out how operators must make information available to their customers on how to avoid inadvertent roaming.

The Government are working hard to make sure that everyone is prepared and ready for all outcomes, and I encourage all businesses to read our technical notice, which we published last summer, on mobile roaming in the event of leaving without a deal. We should be clear, however, that surcharge-free roaming for UK customers may continue across the EU as it does now, based on operators’ commercial arrangements.

Leaving without a deal would not prevent UK mobile operators from making and honouring commercial arrangements with mobile operators in and beyond the EU to deliver the services that their customers expect, including roaming arrangements. The availability and pricing of mobile roaming in the EU would be a commercial question for the operators, and many of them, including those that cover more than 85% of mobile subscribers, have already said that they have no current plans to change their approach to mobile roaming after the UK has left the EU.

I hope the steps that I have set out today will reassure the House that the Government are committed to a smooth and orderly transition as we leave the EU. In our telecoms sector, as in all sectors, we are making plans for all outcomes as we leave the EU. That is the role of a responsible Government, and that is what we will continue to do.

--- Later in debate ---

[Tom Watson]

Yesterday, while my team was mapping out a potential cross-party approach to tackling the online harms caused by surveillance capitalism, what was the Secretary of State doing? He was trying to slip out a policy change of national significance that clearly warranted an oral statement to the House. We must thank the HuffPost website that the Government did not manage to sneak it out without scrutiny at the Dispatch Box, and we must also thank you, Mr Speaker, for granting the urgent question.

When mobile roaming charges were scrapped in 2017, it was a great day for consumers. Tens of millions of British holidaymakers travelling to EU countries were told that they were able to “Roam Like Home”. Before then, many had been burnt by huge and unexpected bills for trying to access their emails or sending pictures to their families back at home. As a nation, we were spending a third of a billion pounds just to use our mobiles on holiday. It was so bad that in 2016, the then Minister for the Digital Economy, the right hon. Member for Wantage (Mr Vaizey), said that

“by realising these changes, we’re going to save British consumers millions of pounds a year.”

Today’s announcement shows once again that this particular Secretary of State and this particular Government will cave in to the lobbying might of telecoms companies rather than listening to the voice of consumers who are set to lose out. He said that mobile phone operators had said that they had “no plans” to raise roaming charges, but he and I know—and, more important, voters know—what that phrase really means.

The reason the EU introduced free roaming in the first place was the fact that the telecoms companies could not be trusted to give consumers a fair deal, so let me ask the Secretary of State some questions. Why has he decided that the price of no-deal Brexit is better paid by consumers than telecoms companies? What binding commitments has he asked companies to give to ensure that consumers are not hit by high roaming charges in the event of a no deal? Can he guarantee that if, by luck or by skill, the Prime Minister gets her deal through, consumers will not pay roaming charges in future? When has he summoned the telecoms chief executives to talks at the Department, and if he has not done so, will he do so this weekend to ensure that consumers can receive their guarantees?

This is how holidaymakers have been hit by Brexit chaos. First, the value of the pound has plummeted, thus increasing the cost of family holidays. Secondly, we will have to pay for visas to travel to the EU. Thirdly, we will be hit by a Brexit bill to use our mobiles abroad. If the Secretary of State does not want to go down in history as the Minister for the Tory triple whammy tourist tax, I suggest that he adopts a different course.

[Jeremy Wright]

The hon. Gentleman expressed a commendable interest in my diary for yesterday. Let me remind him that I was having meetings on the subject of online harms, which he and I had discussed on what I thought was a cross-party basis some time before he made his speech yesterday. I was also spending some time discussing problem gambling with the banks and with the all-party parliamentary group on gambling related harm, which is led by his hon. Friend the Member for Swansea East (Carolyn Harris).

I know that the hon. Gentleman cares about both those subjects and would wish me to spend time on them, but he need not worry, because I have also been spending some time on this subject. Having done so, I can tell him that it will be discussed by this House because this is an affirmative statutory instrument. The Government have set out their view that it should be an affirmative statutory instrument, which will give the House an opportunity to debate this subject, so the hon. Gentleman or one of his colleagues will be able to discuss the matter in some detail when that debate is reached.

The hon. Gentleman says that we are caving in to the mobile phone operators, but the reality is that when we leave the European Union—that is what is going to happen, because the Government and the Opposition, if I understand their current position correctly, intend to respect the outcome of the 2016 referendum—it will not be possible for the UK Government to force our rules and expectations upon EU mobile phone operating companies. So if those companies choose to charge British mobile network operating companies at a wholesale level, one of two things will happen: either that cost will be passed on to those who are using their mobile phone abroad, or it will be spread across all mobile phone users on that network. That is the choice.

The decision we have made is to ensure that consumers are given the best possible protection in the event of leaving the EU with no deal. I have made it quite clear that that is not the Government’s intention, however. We worked very hard to get a deal, and we would be grateful for the hon. Gentleman’s help on that, but it is important to recognise what we can do and what we are doing. We are making sure that those elements of the current EU regime that can be transferred into domestic law are transferred into domestic law. Making sure that consumers cannot spend more than the amount that is currently provided for in EU law without understanding that they are doing so is an important consumer protection, as is letting people know how much of their data they have already used. That is what we can do, and that is what we should do in the event of no deal.

If the hon. Gentleman is concerned, as I am sure that we all are, to avoid some of the unpleasant consequences of no deal, the good news is that he can help. He and his colleagues can vote for a deal. We are still waiting for the Opposition to take a responsible position on avoiding the no-deal consequences that they come to the House to complain about.