Telecommunications Infrastructure (Leasehold Property) Bill

Debate between Matt Warman and Jonathan Edwards

2nd reading & 2nd reading: House of Commons & Programme motion
Wednesday 22nd January 2020 Commons Chamber

[Matt Warman]

My hon. Friend is right that mobile coverage, while unrelated to the Bill, is an essential part of the connectivity solution. We have committed to the industry concluding its negotiations in the first 100 days of the Government, which takes us to the middle of March, and we are on track for that. On measurement of a network, we have historically been lumbered with standards that are not terribly useful. We need to do more to ensure that we provide the right kind of information to consumers; Ofcom and the Advertising Standards Agency have a hand in that, alongside Government.

If operators are to achieve our ambitious target, they need to get on and deploy their engineers and civil contractors, and to keep them moving to maintain momentum. They cannot afford to keep their teams idle while they wait for a response from a landlord that never materialises; from a commercial point of view, it makes more sense to bypass the property and its residents and deploy elsewhere to prevent that situation. The Bill will create a new application process in the courts that will allow operators, when faced with an unresponsive landlord and with a resident requesting a service, to apply to the courts to gain the rights to install.

It is important to make it clear that the new court application process is a last resort for operators. The key goal of the legislation is to increase the response rate to operators’ requests for access. The Government have always believed—and continue to believe—that the best, most efficient way for operators to install equipment in a property is through a negotiated agreement being reached between the operator and the landlord.

In December 2017, this House passed the Digital Economy Act, which among other things updated the electronic communications code. The code provides a regulatory framework for the relationship between landlords and telecommunications operators and includes provision for the operator to use the lands chamber of the upper tribunal, or its equivalent in the devolved Administrations, to have rights imposed in situations where a landlord is unresponsive.

To the best of my knowledge, as I speak, operators have not sought to use that power to address an unresponsive landlord, in part because they estimate that it will cost £14,000 per application, including legal fees and administrative costs, and take six or seven months in practice, and the outcome would by no means be certain. However, there are estimated to be 450,000 multi-dwelling units in the UK, housing some 10 million people. If operators’ current 40% failure-to-respond rate is projected across the country, we are talking about 180,000 cases and some £2.5 billion in costs. I am sure that Members will agree that the money and effort would be better used delivering better connections. The new process proposed by the Bill is proportionate and balanced, and places an exceptionally low burden on the landlord and a high evidential requirement on the operator.

An operator will be expected to have a tenant in the property who has requested a service. They will have issued multiple requests over 28 days and, thereafter, a final notice that explicitly says that the court may be used to gain access, and they will be able to show evidence of all the above to the courts. A landlord who wishes to take themselves out of the policy’s scope need respond to only one of the operator’s multiple notices. I am sure that hon. Members will agree that responding when someone writes is simply a courtesy. The expectation is that applications made to the tribunal through the provisions in the Bill will allow judges there to make decisions based on operators meeting an evidential threshold. This will allow decisions to be reached quickly and efficiently. Discussions are still ongoing about how we can make the process even faster.

[Jonathan Edwards (Carmarthen East and Dinefwr) (PC)]

The Minister has said that landlords will have opportunities to respond. If, for whatever reason, they do not respond, and they find themselves in the tribunal, will any costs fall upon them?

[Matt Warman]

The charging landscape will be set in collaboration with the tribunals and—I suspect that the hon. Gentleman will care about this in particular—the devolved Administrations, but the whole point of this regime is for it to be faster and far more affordable than the current regime. As we work with our colleagues in the Ministry of Justice and the devolved Administrations, we will have that at the front of our minds.

If applicants are successful, they will gain interim rights under the electronic communications code in relation to a property. Those rights will allow them to install, maintain and upgrade infrastructure for a period no longer than 18 months and will be accompanied by strictly defined terms regarding their use. These terms, which we have committed to consulting on publicly, will set out the standard to which works must be completed, and will make it clear that care must be taken to minimise the impact on other residents. If an operator wishes to continue providing a service to the building after the interim code rights have expired, and the landlord continues to be unresponsive, applicants may use provisions in the electronic communications code to apply for full rights. Time-limiting the rights to a maximum of 18 months incentivises operators to continue their efforts to contact landowners so as to avoid the cost, time and uncertainty of making a further application to the tribunal. It also ensures that where a landowner does engage, there is sufficient time for negotiations to take place and an agreement to be reached without disruption to residents’ broadband service.

To conclude, this is a technical Bill that achieves a specific purpose, but it does that in the context of the Government’s significant scale of ambition in this area. Gigabit broadband will be the enabling infrastructure of the next century. It will turbo-charge businesses, facilitate innovation and change how we work, live and engage in society, and how society engages with us. It is good for every part of this country, for our economy and for the public. The Government will support every home—every family wanting to shop online, and every pupil wanting to do their homework—whether it is in the middle of a city or the middle of nowhere, and whether it is a mansion, a terraced house or a block of flats. The Government will help them all to be part of this country’s gigabit future. I commend the Bill to the House.

European Union Citizenship

Debate between Matt Warman and Jonathan Edwards

Wednesday 7th March 2018 Commons Chamber

[Matt Warman]

The hon. Gentleman is absolutely right to say that this is a moveable feast on the other side of the channel, and we should bear that in mind.

[Jonathan Edwards]

The hon. Gentleman raises a point made by the Minister, on whom I wished to intervene. He will be aware of the Vienna convention on the law of treaties and that, under that legal ruling, citizens’ rights may not be lost. Surely that is the legal precedent we should be following.

[Matt Warman]

The hon. Gentleman uses the word “may,” and we should be looking at what the options are and at what the precedents may be. The Minister is right to say that we will no longer be members when we leave, and therefore we will no longer have the rights we currently have. The hon. Gentleman may pray in aid precedents that suggest something else, and we may be able to rely on some of those precedents in due course. We should not prejudge any of that, and we have to be pragmatic in where we start.

It is also worth bearing it in mind that people across my constituency and across the country voted for precisely those kinds of differences. They voted for the Government to negotiate a new relationship with Europe, which is precisely what we are doing.

One aspect of the motion on which the hon. Member for Arfon did not particularly dwell is single market access, which defines a huge part of our relationship with the EU. This is not a fault that he committed, but it is a frustrating and patronising element of some aspects of this debate to say that people did not know what they were voting for when they voted in the referendum. My constituents were very clear that they were voting to leave the single market because they were voting to strike our own trade deals with other countries across the world and to open up new opportunities. We should not allow ourselves to pretend there was not a full and frank debate about what leaving the European Union might mean before people went into the polling booths.

A crucial part of the motion implies there are not the opportunities outside the EU that people voted for. The hon. Gentleman frames it as though all we will be doing is losing rights when we leave the European Union. We should, of course, bear it in mind that there will be a different relationship, but there are opportunities out there, too. Part of the Prime Minister’s positive approach is to say that there are opportunities that we must seize and that there is another side to the coin—that not everyone can have every single thing they might wish for.

The hon. Gentleman proposed that we could stay in the single market and retain all our rights as they are today. My response to him is that he should not be wilfully blind to the opportunities. I think we will get a good deal with the European Union that allows us to retain many of the benefits we see today, but we will also have access to a wider world out there in a very different way. That is not to say that it will all be a bed of roses and that it will be the easiest thing we could ever do, but he should acknowledge the other side of the coin.

Charter for Budget Responsibility

Debate between Matt Warman and Jonathan Edwards

Wednesday 14th October 2015 Commons Chamber

[Matt Warman (Boston and Skegness) (Con)]

In the course of the election campaign, my Conservative colleagues and I spent a great deal of time talking about a long-term economic plan. I did not know at the time that “long-term” meant anything longer than two weeks, but now we know. Tonight, I hope that we will see this, as I know the people of Boston and Skegness do, as the culmination of a policy made possible only by economic credibility. It is only with such policies that more people are in work than ever before, and that more people from workless households are coming into employment than ever before. In Lincolnshire, we see money going to revive deprived coastal areas such as mine in Skegness. We see the fruits of an economic plan coming on stream.

I hope that, with this policy tonight, we will see a genuine commitment that will be supported by Governments of all stripes throughout the future to making sure that we not only fix the roof when the sun is shining, but make sure we do not run the obscene surpluses—sorry, deficits—that caused so much damage in the past.

[Jonathan Edwards (Carmarthen East and Dinefwr) (PC)]

Will the hon. Gentleman give way?

[Matt Warman]

I am afraid that this is a time-limited debate. In the little time I have remaining, I want to emphasise that it is not a ludicrous ambition to have a target for a public sector surplus, as Opposition Members suggest. With economic credibility, it is possible and sensible to do so. In fact, for a credible Government, it should be the only option available.

[Jonathan Edwards]

Will the hon. Gentleman give way?

[Matt Warman]

I am afraid that I cannot give way.

I would like colleagues not just from the Conservative side of the House but from both sides of the House to accept that this policy will not just put us on a sustainable economic footing for the future, but make sure that that sustainable economic footing is locked into this House’s legislation. The hon. Member for Bassetlaw (John Mann) said that it was not right to put what he calls “a gimmick” into legislation, but surely it is right to lock in responsible behaviour, given that we know that that was not the case under previous Governments.

I hope that the House is able to agree that what we can do through legislation is to make sure that only an economically credible policy is the one that a sensible Government is able to offer. With that, I know that the people of Lincolnshire and, I hope, Members from across the House and people across this country understand that economic credibility must to be the defining characteristic of any Government. It is certainly the defining characteristic of this one.