Product Security and Telecommunications Infrastructure Bill

Lucy Powell Excerpts

Wednesday 26th January 2022 Commons Chamber

[Lucy Powell (Manchester Central) (Lab/Co-op)]

May I extend those congratulations to my hon. Friend the Member for Manchester, Withington (Jeff Smith)? I think he is 21 again.

Once again, I congratulate the Secretary of State on her continuing blind loyalty to the Prime Minister. Last week she threw Big Dog a bone with her vendetta against the BBC to distract from the Prime Minister’s partying antics. How is that going? This week she has continued her role as dog-walker-in-chief, trying to tidy up Big Dog’s mess after the latest revelations about his lockdown-breaking birthday party antics. She might have picked it up and put it in a plastic bag but, as the saying goes, even she cannot polish this one! [Laughter.] We are lightening the load today, because this is a very technical Bill and we all need lifting.

[Ms Dorries]

It is a very serious Bill—

[Lucy Powell]

It is a very serious Bill, yes—

[Mr Deputy Speaker (Mr Nigel Evans)]

It is just as well I am in a generous mood today, is it not?

[Lucy Powell]

It is just as well you are in the Chair, Mr Deputy Speaker!

We have here another infrastructure Bill. As with every big infrastructure project this Government oversee, from the northern rail betrayal to the disastrous green homes schemes, the broadband and 5G roll-out has been beset with piecemeal, short-term thinking. The Government try to get British infrastructure built on the cheap, relying on the private sector, which more often than not means foreign state-run companies. On the broadband roll-out, the Government have wasted a decade and squandered the world-leading position left by the last Labour Government. This Government’s legacy over 10 years has seen huge delays in the superfast broadband roll-out, and a widening in the digital divide. Why were we not, 10 years ago, investing in a public-private partnership, so that home-grown British businesses could develop our own 5G network? Instead of looking towards the future, and building up British capacity and resilience, the Government have left us reliant on Huawei and other foreign state-backed companies for our 5G, with all the security complications that that entails.

This Bill deals with a couple of specific aspects of the broadband and 5G roll-out: part 1 places security requirements on manufacturers of smart devices and part 2 amends the electronic communications code, which governs the rules on how rent is set for community groups and others to host phone masts on their land.

[Sir Desmond Swayne]

The hon. Lady is no Stalinist. Given that the underlying principle of part 2 of the Bill is the Stalinist principle that property is theft, will she be opposing it on Second Reading?

[Lucy Powell]

I must object to that suggestion that I am a Stalinist. I am, however, someone who believes that there should be a fair —

[Sir Desmond Swayne]

No Stalinist!

[Lucy Powell]

Oh, no Stalinist. I am someone who believes that there should be a fair valuation, and a fair and balanced approach taken to those who put masts on their land in good faith, expecting that income to come in the future. I will say more on that shortly.

We support the measures in part 1. Smart devices have increasingly become targets for fraud, surveillance and other forms of cyber-attack. We have some concerns that these measures have not come sooner and do not go further. In 2016, the Government promised that

“the majority of online products and services coming into use”

would be

“’secure by default’ by 2021”.

Why are the Government only just bringing this legislation in, given that previous commitment? These requirements should and could have been mandatory from the start, as opposed to our spending four years with a voluntary code. I have real concerns that we are always behind the technology curve. These devices are already being used in ways beyond the scope of this Bill—for example, by stalkers and abusive partners in tracking those they are abusing, as well as in fraud and criminal activity. There is nothing in this Bill about that, let alone measures to address new waves of technology that are already making their way into people’s homes and lives, such as virtual reality.

Moving to part 2, our main concern with this Bill is that it is likely to slow down, rather than speed up, the broadband and 5G roll-out.

[John Redwood]

I was very interested in the hon. Lady’s comment about virtual reality. Does she think we need to change the legislation now to deal with the metaverse, which is meant to be a great opportunity of bringing together various technologies in something new?

[Lucy Powell]

I do. I share the right hon. Gentleman’s concern about the metaverse; we are constantly considerably behind the curve on legislating for the regulation of some of these issues, and of course that will not even be covered by the forthcoming Online Safety Bill either. The pandemic has demonstrated more than ever the importance of broadband to our prosperity, but the Government’s failure to deliver the roll-out is hampering creative industries, businesses and those attempting to work from home.

The Government have consistently rolled back on their commitments. The Secretary of State mentioned that the Prime Minister originally promised full-fibre broadband to every household by 2025. He then downgraded that pledge to universal gigabit-capable broadband to every home. The commitment is now that at least 85% of UK premises will have access to gigabit broadband by 2025. That is downgrade after downgrade, which sells our capacity short.

The National Audit Office expressed serious reservations that even the watered-down target would be met. The main barrier is the Government-funded roll-out to harder-to-reach areas. The unequal roll-out of next generation gigabit broadband will mean that the same households that do not have superfast or, in many cases, as we have already heard, any functioning broadband at all, will continue to fall behind—for years, if not decades, to come. As the Public Accounts Committee said last week, the Government have no detailed plan in place for reaching communities where it is not commercially viable to do so, and there is little in the Bill to address that key issue.

The Bill does make further changes to the electronic communications code, which governs the agreements between telecoms companies and the landowners who host their masts. The code was last updated as recently as 2017, but those changes have not had the desired effect of speeding up roll-out.

Despite promises that rent would not reduce by more than 40%, many community sports grounds, churches and local authorities that host phone masts have had their rents cut by up to 90% or even 95% in some of the cases that we have already heard about today. That will be further exacerbated by the Bill, which hands more power to the telecoms companies in court and disincentivises people from coming forward to have phone masts put on their land in the first place. [Interruption.] The right hon. Member for New Forest West (Sir Desmond Swayne) looks like he is itching to come in on that point.

[Sir Desmond Swayne]

The hon. Member for St Albans (Daisy Cooper) intimated that people would want to take their land back as a consequence of the changes. I hope that she has identified that that is not possible. People will not get their land back unless they are going to develop it, and even then, they would have to go to court to get it.

[Lucy Powell]

The right hon. Gentleman is absolutely right that the Bill and the previous code mean that those cricket grounds, sport clubs and churches in all hon. Members’ constituencies that had phone masts put on their property in good faith to give them income that they would not otherwise have, which in many cases keeps them going, have been offered dramatically reduced rents but are forbidden by law from taking the masts down. They are between a rock and a hard place. It will put many of those community groups, and the roll-out, at risk.

There is a real risk that the Bill will hamper, rather than support, faster broadband and 5G roll-out, so what assessment has the Secretary of State made of the effect of the 2017 changes on rent levels and on the speed of roll-out? Given that previous reforms to the code have resulted in no demonstrable improvement, what makes her think that strengthening the hand of telecoms firms will speed up the roll-out, rather than simply allowing them to increase their profits further? I think that is the thinking behind the now not-selected reasoned amendment tabled by the right hon. Member for New Forest West, with which I have a great deal of sympathy.

The Opposition support the broad approach of the Bill, but the security measures are too little, too late and are behind the technology curve rather than in front of it.

[Ruth Edwards (Rushcliffe) (Con)]

I am listening to the hon. Lady with interest and I think that security is an issue on which we can work across the House. What specific measures from the 2018 “Secure by Design” guidance does she think should be included in the Bill but are not at the moment?

[Lucy Powell]

I am coming to the end of my speech, but there are a number of issues that could have been included in the Bill, some of which I have outlined. There are security issues, and there are new waves of technologies that are not in the Bill’s scope; as the Secretary of State rightly pointed out, they are coming on us really quickly. Bills like this one tend to come three or four years behind the technology, rather than ahead of it. That is what I would like us to work together to address.

In conclusion, we fear that these telecommunications infrastructure measures could further hamper the Government’s pretty woeful record on broadband and 5G infrastructure.