Draft Radio Equipment (Amendment) (Northern Ireland) Regulations 2023

Michael Fabricant Excerpts

Wednesday 22nd February 2023 General Committees

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

It is a pleasure to serve under your chairship for the first time, Dame Maria, and I hope it is not the last. I am sure Members will welcome me saying that we will not oppose this delegated legislation, and therefore I will not detain the Committee longer than is necessary. [Hon. Members: “Hear, hear!”] That met with approval on all sides. Having spent 23 years in the telecoms industry designing and rolling out networks of this type, this subject is of great interest to me, but I recognise that that is not shared to the same extent by the entire Committee.

The effect of this instrument is to implement an EU regulation on requirements for smartphones in Northern Ireland, as per the terms of what I note the Minister referred to as the “current” Northern Ireland protocol. Attempts by the Government to renege on this agreement and unilaterally change the protocol have risked Britain’s reputation as a dependable country that plays by the rules. Three years after we left the European Union, the Government’s progress on fixing the protocol that they negotiated has been woeful. We are pleased to understand that there may be a deal on the table, but the Prime Minister refused to be drawn on the details of that deal at Prime Minister’s questions today and could not confirm that the deal being negotiated will see Northern Ireland continue to follow some EU laws, such as this statutory instrument, in order to avoid a hard border on the island of Ireland.

The Leader of the Opposition made it clear that, despite the poor implementation of the deal by this Government, we welcome attempts to make the protocol work more effectively, and we are committed to working with all parties to ease tensions and find a way forward. By supporting this statutory instrument, we are fulfilling a treaty commitment and working to ensure that Britain is a country where international laws are respected and followed. However, that is not to say that we do not have questions or concerns arising from the introduction of this statutory instrument, and I will briefly go through them.

The regulation that this instrument intends to implement was introduced by the EU via secondary legislation in 2018. That regulation imposes an additional essential requirement on smartphone manufacturers to support technical solutions for the reception and processing of location data derived from wi-fi signals and data from GNSS for the purpose of making emergency communications more effective.

According to the European Telecommunications Standards Institute, one of the biggest challenges facing the emergency services is determining the location of mobile callers. Ambulance service measurements show that, on average, 30 seconds per call can be saved if a precise location is automatically provided. Several minutes can be saved where callers are unable to describe their location verbally, which can happen due to stress, injury or simple unfamiliarity with the area.

Historically, caller location was based upon identification of the coverage area of nearby cell towers. Tests carried out by the European Union found that GNSS location accuracy ranged from 6 metres to 28 metres, a significant improvement on the 1.5 km to 5 km precision range of cell ID. Furthermore, a hybrid system based on a combination of GNSS, wi-fi and cell-ID positioning will increase reach in environments where radio signal is compromised, such as urban canyons or narrow streets, where buildings obstruct visibility of satellites. It is no overstatement, therefore, to say that this technology saves lives. The faster a patient’s location is identified, the faster the emergency services can reach them and the faster they can receive treatment.

The question must therefore be asked of the Government is why the legislation has not been introduced in England, Scotland or Wales. I note that the Minister said that 95% of all smartphones already meet the requirements, but I wonder what assessment he made of the incremental cost of introducing the legislation. The response provided by the Government to the Secondary Legislation Scrutiny Committee highlighted this draft instrument as of interest. The Department—then operating as Business, Energy and Industrial Strategy, before the shuffling of the deckchairs—told SLSC that it thought the requirement unnecessary, as hybrid positioning technology is already widely adopted in new smartphones in the UK. Indeed, I understand that advanced mobile location, a technical solution endorsed by the EU, has been fully deployed in Google and Apple phones in this country.

Given that a legal requirement would have a minimal impact on manufacturers—because the technology is already widespread, and does not require any hardware, as discussed—can the Minister assure me that his Department has made a thorough assessment of the potential of placing this standard on a legal footing in the rest of the United Kingdom? Those on the Conservative Benches tend to see regulation as a dirty word, but it can enable and shape effective markets. Given that hybrid positioning technology is literally life-saving, will the Government keep their word that they will keep the matter under review?

Another pertinent issue raised by the draft statutory instrument is its relationship to the GNSS that is owned by the European Commission—Galileo. The EU regulation introduced by this instrument requires that all smartphones are compatible and interoperable with the Galileo system. That requirement is unlikely to have practical implications within Northern Ireland, as all mobile phones produced by major manufacturers are already capable of operating Galileo. However, it does raise questions concerning the UK’s technological sovereignty following our expulsion from the Galileo programme.

In 2018, the Government threatened to spend the entire UK science budget on duplicating Galileo, because the Government had bungled negotiations on Galileo with the European Union. Four years on, the Defence Committee has reported:

“with tens of millions of pounds of taxpayers’ money spent…the Government appears no closer to coming to any conclusions about development of the UK’s own space-based Position, Navigation and Timing (PNT) capabilities.”

The result is that our critical national infrastructure within the UK is now dependent on a foreign-owned GNSS over which the Government have no influence. That includes our emergency services.

In outlining the rationale for requiring Galileo compatibility in smartphones, the European Commission argued for the importance of securing the independence and resilience of emergency services within the European Union. I hope that the Minister understands and agrees with that objective. May I ask him what work the Government are doing to ensure that emergency services within the UK are similarly resilient?

[Michael Fabricant (Lichfield) (Con)]

I am following this absolutely gobsmacking, extraordinary speech. Apart from the fact that the Galileo programme has absolutely nothing to do with this particular SI, does the hon. Lady not recall that the United Kingdom Government decided that we would use the GPS system? The Galileo system is not as accurate as GPS and, moreover, is simply an EU vanity project.

[The Chair]

Before I call the shadow Minister to respond to that intervention, I remind everyone that the draft legislation is very tightly drawn. I thank Mr Fabricant for drawing that to everyone’s attention. Gently, perhaps the shadow Minister will come back to her point.

--- Later in debate ---

[Chi Onwurah]

Thank you for that guidance, Dame Maria. I am just trying to establish that the Minister believes that the emergency services, which will now be subject to different regulatory requirements, have the technical capacity. I appreciate that the hon. Member for Lichfield is gobsmacked, but I am often equally gobsmacked by his contributions, so perhaps that is not surprising.

Does the Government recognise the resilience issue, given that that is part of the reason why the SI was introduced by the European Commission?

[Michael Fabricant]

It is not GPS—

[The Chair]

Order.

--- Later in debate ---

[Chi Onwurah]

Thank you, Dame Maria. Why has it taken the Government four years to introduce the draft SI? Might there be implications for the UK space sector in location applications being unable to be supported by UK sovereign capability?

I hope the Minister will address the longer-term implications of the divergence and the resilience of, and support for, the emergency services, which we all wish to be—

[Michael Fabricant]

On a point of order, Dame Maria. It may save the Committee time to know that the emergency services do not use Galileo, they never intended to use Galileo and they continue to use GPS. There is no resilience issue.

[The Chair]

I thank the hon. Gentleman for that point of order. I am not sure it was a point of order, but I am sure that his comments were heard by those sitting on the Front Benches.

[Chi Onwurah]

In response to the point of order, I am not sure whether the hon. Member for Lichfield is saying that there is no issue with our emergency services, even though this delegated legislation, the draft SI, specifically states that it is a requirement to improve the resilience of the emergency services. He might need to discuss that with his Minister, if they have a difference of opinion.

[Michael Fabricant]

The hon. Lady is misunderstanding the whole issue. She claims that she worked in the telecommunications industry; I set up radio stations in 48 countries around the world, so I also know a teeny bit about it. She will know that Galileo is not an issue.

[The Chair]

I will take that as a question. I call the shadow Minister.