Telecommunications Infrastructure (Leasehold Property) Bill

Tobias Ellwood Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Wednesday 24th February 2021 Commons Chamber

In closing, let me say that Labour has consistently welcomed this Bill throughout its stages, but it will play a very small part in improving our digital infrastructure. There is so much more to be done, and we feel this could be done more quickly. This Government have no idea how they will achieve their broadband roll-out targets. Given their track record, we do not even know whether the targets will still be the same in a year’s time. This is why we need a clear strategy that provides direction and focus to businesses, healthy competition and lower prices for consumers.

[Mr Tobias Ellwood (Bournemouth East) (Con)]

It is good to see the Under-Secretary of State for Digital, Culture, Media and Sport, my hon. Friend the Member for Boston and Skegness (Matt Warman), in his place, discussing telecommunication matters again—it does not seem a long time ago that we were debating the whys and wherefores of Huawei. I am pleased to support him in encouraging us to ensure the completion of this Bill, albeit of course with due scrutiny, because it is well overdue. It seeks to establish a new security framework for the UK telecoms sector, and to ensure that telecommunications providers operate secure and resilient networks and services and manage their supply chains.

The Minister mentioned just how fundamentally this will change all our lives—how we live, work, socialise, travel and manufacture things. He is right to focus on how these difficult times of the pandemic have illustrated the importance of connectivity. It is all the more important that we are able to get Britain connected.

The Bretton Woods agreement after the second world war saw trading links—roads, ports and airports—deemed a priority so that we could get trade and the economy moving. As we come out of this pandemic and endure the recession, our digital economy will mean so much to our ability to advance and get back on our feet. I very much welcome the energy the Government are putting in here today.

I mentioned Huawei, but there is a wider dimension to this. Britain is in competition with other parts of the world, not least China, in making sure we have the high-tech digital capabilities to meet our future needs. The Bill is about not only putting in place protections against a country we are obviously in challenge with—China—but making sure we protect ourselves. The digital sphere provides not just opportunities but vulnerability to cyber-attacks; disinformation campaigns; interference, even in elections; manipulations on social media; data theft; and so on. The importance of security in communication links is paramount, and the longer we delay the Government’s being able to get on with this, the longer we have to lean on the older systems, which are very vulnerable indeed.

The Government’s target is to deliver nationwide gigabit-capable broadband by 2025. When he winds up the debate, will the Minister update the House on the ambitions for gaining full access to dwellings? I note with interest that gigabit availability is at only 16% in Bournemouth, so we would be delighted if the south-west, which, at 18.6%, is again below the national average, could receive support.

With your indulgence, Madam Deputy Speaker, I will digress from the main theme of the amendments and pose what I call the Rockefeller question, which is related to data. Rockefeller, of course, was the multibillionaire who formed Standard Oil. It took a US President, more powerful than Rockefeller, to stand up and break that monopoly. Arguably, today’s tech giants are replacing those monopolies of the 1900s, and that poses some awkward questions for all of us—for Government and society. The likes of Google and Facebook dominate the digital world. They now own 80% of the advertising market alone here in the UK. That poses big questions about how data is harvested, about the levels of tax paid, and about the stifling of fair competition. Those difficult questions must be answered. I appreciate that they are beyond the scope of the Bill, but it is important to get them on the record.

[Ronnie Cowan (Inverclyde) (SNP) [V]]

It is always a pleasure to speak in the House on behalf of the Scottish National party. Telecommunications is a reserved matter, and we have continued to engage constructively in refining the Bill from our part of the Opposition Benches. As I have previously highlighted in the Chamber, it is for the UK Government to ensure that our digital infrastructure is appropriately protected and managed as a key component of Scotland’s future economic success and of our position as a global leader in technology. Never has the importance of digital connectivity been more sharply brought into relief than during the ongoing pandemic. The fact that I am delivering a parliamentary speech from my home is evidence of this necessity.

On that note, I reiterate that the SNP supports the general aims of the Bill and wants to see it successfully implemented, with the appropriate amendments. I read with interest the recent debates on amendments proposed to the Bill in the Lords. Although the first amendment, in the name of Lord Alton, was withdrawn, I do not want to pass over it without making a quick comment. The purpose of the amendment was to prevent companies using UK telecommunications infrastructure to facilitate human rights abuses. The amendment was obviously not an accusation against Virgin Media, BT or others of having nefarious motives in allowing us to watch Netflix at home. Rather, it touched on a recurring theme in the Bill: our concern about the expanding tech influence of the Chinese Government.

I will not go over the debate on that amendment in detail, as Members can read it in Hansard. However, although the amendment was withdrawn, let us keep the spirit of it in mind. As the world becomes interconnected to an unprecedented degree, we must be vigilant about how our technology can inadvertently support abuses taking place elsewhere. Let us also take Lord Alton’s amendment as a worthy attempt to draw more attention to the increasingly disturbing evidence emerging from China regarding human rights abuses.

Not wishing to digress too far, I turn my attention to Baroness Barran’s amendment, relating to uncompetitive behaviour and a review of the Bill’s impact on the electronic communications code. The Scottish National party broadly welcomes this principled amendment, which would introduce sufficient measures to ensure that residents in multi-dwelling accommodation could access connectivity from the provider of their choice. Infrastructure provided by one supplier should not prevent a subsequent provider from installing their own service within the same building. Concerns were raised in the Lords about whether the amendment was necessary. Given that 10 million people could be affected by this legislation, there is no harm in taking a comprehensive approach. Some 76% of multi-dwelling units missed out on the initial efforts to deploy fibre because of problems in gaining access, so it should be self-evident to everyone in the Chamber that we must improve access and consumer choice.

Let us not pretend that previous amendments have created a perfect Bill. Industry experts have raised concerns that the legislation does not go far enough in providing flexibility for network operators. BT in particular is concerned that the bar set for a landlord to be classified as engaging with the network builder, and therefore not be subject to the Bill’s provisions, is far too low. Likewise, Virgin Media is seeking further clarity on the definition of “meaningful response” in relation to landlords’ communications with operators.

Questions have also been raised by operators on the balance the Government are seeking to create between the rights of landowners and the rights of telecoms operators. What does this mean in practice? Why would affording an operator the right to ask a court to grant access, independent of a tenant request, be against the public interest, especially if it ensures that tenants are given access to digital connectivity that may not have existed previously?

As the Minister will be aware, many utilities already have the right, with appropriate safeguards, to enter a property in order to maintain infrastructure. Do the Government agree with the future telecoms infrastructure review’s recommendation that telecoms operators’ right of entry should be brought in line with that of other utilities?

Of course, the process should be reviewed as per Lords amendment 3. If we are to achieve continual, irreversible improvement, the process must remain open to review. The Bill is now at such a late stage that I suspect some operators have effectively given up on seeing it reformed further, and they are merely accepting legislation that does not meet its full potential. Clearly, operators welcome this progress, but the industry is asking for greater clarity and engagement. It is unfortunate that the operators are still asking the Government to confirm basic definitions in legislation that is on the brink of becoming law.

Looking ahead, undoubtedly the consultation on changes to the electronic communications code is a primary way to build on the improvements that will come from this Bill. As the Government move ahead with the legislation and the review, it is vital that they consult more closely with relevant actors in the sector. After all, the telecoms operators are the only ones with the practical knowledge to make a success of the Government’s long-term ambitions for digital connectivity.