Automated Vehicles Bill [Lords]

Wera Hobhouse Excerpts

Report stage
Wednesday 1st May 2024 Commons Chamber

[Wera Hobhouse (Bath) (LD)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dame Eleanor Laing)]

With this it will be convenient to discuss the following:

New clause 2—Consultation with the Information Commissioner’s Office in relation to personal data—

“Before making regulations under section 42 of this Act (Protection of information), or any other regulations or requirements in relation to the provision of personal data in automated vehicles, the Secretary of State must consult the Information Commissioner’s Office.”

This new clause would require the Secretary of State to consult the ICO before making regulations in relation to the provision of personal data relevant to automated vehicles.

New clause 3—Establishment of an Advisory Council—

“(1) The Secretary of State must, within six months of the passing of this Act, establish a council to advise on the implementation of this Act, with a focus on learning lessons from any accidents involving automated vehicles.

(2) The Advisory Council must include representatives from—

(a) consumer groups;

(b) organisations representing drivers;

(c) road safety experts;

(d) relevant businesses such as automobile manufacturers, vehicle insurance providers and providers of delivery and public transport services;

(e) trade unions;

(f) the police and other emergency services, including Scottish and Welsh emergency services;

(g) highway authorities, including Scottish and Welsh highway authorities;

(h) groups representing people with disabilities;

(i) groups representing other road users, including pedestrians and cyclists; and

(j) groups representing the interests of relevant employees including delivery providers, those involved of likely to be involved in the manufacture of automated vehicles, emergency service workers, and public transport workers.

(3) The Secretary of State must designate a relevant officer of the Department to send reports to the Advisory Council on the roll out of self driving vehicles and any issues of public policy that arise.

(4) The Advisory Council must include nominated representatives of the Scottish Government and the Welsh Government.

(5) The Advisory Council must report regularly to—

(a) Parliament,

(b) the Scottish Parliament,

(c) Senedd Cymru

on the advice it has provided, and any related matters relevant to the roll out of self driving vehicles and associated public policy.”

New clause 4—Accessibility information for passengers in automated vehicles—

“After section 181D of the Equality Act 2010, insert—

‘Chapter 2B

Automated vehicles providing automated passenger services

181E Information for passengers in automated passenger services

(1) The Secretary of State may, for the purpose of facilitating travel by disabled persons, make regulations requiring providers or operators of automated passenger services to make available information about a service to persons travelling on the service.

(2) The regulations may make provision about—

(a) the descriptions of information that are to be made available;

(b) how information is to be made available.

(3) The regulations may, in particular, require a provider or operator of an automated passenger service to make available information of a prescribed description about—

(a) the name or other designation of the service;

(b) the direction of travel;

(c) stopping places;

(d) diversions;

(e) connecting local services.

(4) The regulations may, in particular—

(a) specify when information of a prescribed description is to be made available;

(b) specify how information of a prescribed description is to be made available, including requiring information to be both announced and displayed;

(c) specify standards for the provision of information, including standards based on an announcement being audible or a display being visible to a person of a prescribed description in a prescribed location;

(d) specify forms of communication that are not to be regarded as satisfying a requirement to make information available.

(5) Regulations under this section may make different provision—

(a) as respects different descriptions of vehicle;

(b) as respects the same description of vehicle in different circumstances.

(6) Before making regulations under this section, the Secretary of State must consult—

(a) the Welsh Ministers;

(b) the Scottish Ministers.’”

This new clause mirrors existing provisions in the Equality Act 2010 relating to the provision of information in accessible formats to bus passengers and applies them to automated passenger services.

New clause 5—Publication of list of information to be provided—

“(1) The Secretary of State must, by regulations, make provision for the publication of a list detailing—

(a) the information related to the data for authorisation of automated vehicles which must be provided;

(b) the parties by whom such information must be provided;

(c) the parties to whom such information must be provided; and

(d) the purposes for which the information must be provided.

(2) Regulations under subsection (1) must provide for the content of the list to be subject to public consultation.”

This new clause would require the Secretary of State to publish a list of information which is to be provided to and by certain parties on the operation of authorised automated vehicles, and to hold a public consultation on the list.

New clause 6—Liability of insurers—

“Section 2 of the Automated and Electric Vehicles Act 2018 (liability of insurers etc where accident caused by automated vehicle) is amended as follows—

(a) in subsection (1)(a), leave out “when driving itself”;

(b) in subsection (2)(a), leave out “when driving itself”.”

This new clause would remove the need for people to have to prove that an automated vehicle was “driving itself” if they make a legal claim for compensation under Section 2 of the Automated and Electric Vehicles Act 2018.

Amendment 8, in clause 6, page 5, line 10, at end insert—

“(6) A person may not be an authorised self-driving entity unless they meet the following requirements—

(a) they have obtained a certificate of compliance with data protection legislation from the Information Commissioner’s Office for their policy in regard to the handling of personal data,

(b) their policy in regard to the handling of personal data clearly outlines who has ownership of any personal data collected, including after the ownership of a vehicle has ended, and

(c) they are a signatory to an industry code of conduct under the UK General Data Protection Regulation.”

This amendment seeks to probe a number of concerns around data protection and ownership and seeks to prevent authorisation of companies as self-driving entities unless robust personal data practices are in place.

Government amendments 1 and 2.

Amendment 6, in clause 50, page 33, line 22, at end insert—

“(4) The Secretary of State must obtain and lay before Parliament the written consent of the Scottish Government to make regulations under this section which amend—

(a) an Act of the Scottish Parliament,

(b) any instrument made under an Act of the Scottish Parliament.

(5) The Secretary of State must obtain and lay before Parliament the written consent of the Welsh Government to make regulations under this section which amend—

(a) an Act or Measure of Senedd Cymru,

(b) any instrument made under an Act or Measure of Senedd Cymru.”

This amendment requires the Secretary of State to obtain the consent of devolved governments before exercising the Clause 50 power in relation to devolved legislation.

Amendment 7, page 33, line 22, at end insert—

“(4) The Secretary of State must consult the Scottish Government before making regulations under this section which amend—

(a) an Act of the Scottish Parliament,

(b) any instrument made under an Act of the Scottish Parliament.

(5) The Secretary of State must consult the Welsh Government before making regulations under this section which amend—

(a) an Act or Measure of Senedd Cymru,

(b) any instrument made under an Act or Measure of Senedd Cymru.”

This amendment requires the Secretary of State to consult the devolved governments before exercising the Clause 50 power in relation to devolved legislation.

Government amendments 3 to 5.

[Wera Hobhouse]

I have tabled three amendments that seek to strengthen the provisions made for data protection in the Bill. New clause 1 would require the Secretary of State to report to Parliament on the collection of personal data from automated vehicles within one year of the day on which the Act is passed and every year thereafter. This report must cover

“levels of compliance with data protection legislation within the automated motor industry,…instances where the Secretary of State has made regulations under section 42(3) of this Act…and the impact of those regulations on personal data protection, and…any significant trends in the collection of personal data and whether further action is needed to regulate the collection of personal data.”

For sustained public confidence in automated vehicles and the data protection issues that arise, it is important that we have this continued monitoring and reporting. With a new technology, it is inevitable that new issues will arise over time, particularly as automated vehicles learn and change their behaviour accordingly. The reporting is necessary to keep the regulations on data protection under review as the technology develops. The Government must give further assurances in the Bill that people’s personal data will be protected before this Bill becomes law and commit to the annual reporting set out in this new clause.

This Bill would also be strengthened by new clause 2, which would require the Secretary of State to consult the Information Commissioner’s Office before making regulations in relation to the provision of personal data relevant to automated vehicles. As I have mentioned, new clause 1 would maintain monitoring of the provisions made for data protection, and new clause 2 would make this monitoring and reporting process easier, as advice can be taken from the ICO rather than using parliamentary time. Again, this will instil public confidence in the legislation as the advice will come from an independent body.

In order to operate, automated vehicles must be able to collect data, and much of this data will be personal. The information collected will help to make AVs safer as the system learns more about the road and those using it. Strengthening the process of how any changes to future protections are made will again assure the public that their personal data will be secure. Further assurances would be given by amendment 8, which seeks to probe a number of concerns about data protection and ownership, and seeks to prevent the authorisation of companies as self-driving entities unless robust data practices are in place. This amendment would ensure that a person may not be an authorised self-driving entity unless they meet the following requirements:

“they have obtained a certificate of compliance with data protection legislation from the Information Commissioner’s Office for their policy in regard to the handling of personal data,…their policy in regard to the handling of personal data clearly outlines who has ownership of any personal data collected, including after the ownership of a vehicle has ended, and…they are a signatory to an industry code of conduct under the UK General Data Protection Regulation.”

[Jesse Norman (Hereford and South Herefordshire) (Con)]

I would be very interested, with regard to the latter new clause, if the hon. Lady could explain why she feels—or what feedback or evidence she has to think—that the safety regulation system that is put in place will be inadequate to handle the concerns she raises.

[Wera Hobhouse]

On Second Reading, I think I was very positive about the Bill’s introduction, and I see it as the bright new future, but we should be careful to ensure we are taking people with us. As I have said, this is basically about making sure that people feel confident that their personal data is really handled in the most secure way possible. I have tabled the amendments to provide assurance for the public that the Government and everybody involved in this bright new future will really take a very careful look at all data protection measures.

[Jesse Norman]

If I may quickly respond, given that this Bill has had a remarkably untroubled passage through both Houses to date and that both Houses are informed by enormous amounts of information from relevant parties and Members’ constituents, has she any such reason? I think what she is saying is that she has no reason, apart from a general worry about consent, to think that what she is talking about will be necessary, because she has no reason to think that the regulator will not be able to take this stuff into account when it comes to a review?

[Wera Hobhouse]

We will not push new clause 1 to a vote, but I want the Government to ensure that all necessary and possible protections are being put in place. This issue has been debated several times, but we are looking into the future and who knows what the future holds? We know that people are increasingly worried about their personal data, and that sometimes regulations are not as robust as possible. This is basically a plea to the Government to ensure that all possible assurances are in place.

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[Mr Deputy Speaker (Sir Roger Gale)]

I understand that the hon. Member for Bath (Wera Hobhouse) wishes to withdraw new clause 1. Is that correct?

[Wera Hobhouse]

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

Clause 43

Fees

Amendments made: 1, page 29, line 19, after “State” insert “or by a traffic commissioner”.

This amendment corrects a drafting omission, by allowing no-user-in-charge operator licensing functions conferred on traffic commissioners to be taken into account in setting fees under Part 1.

Amendment 2, page 29, line 22, at end insert—

“(3) Money received by a traffic commissioner as a result of regulations under section 13 must be paid into the Consolidated Fund in such manner as the Treasury may direct.”—(Anthony Browne.)

This amendment is one of two that clarify what happens to fees, penalties or costs under Part 1 if they are made payable to traffic commissioners by regulations.

Clause 89

Procedural and administrative matters

Amendment made: 3, page 63, line 18, at end insert—

“(8) Regulations under subsection (7) made by the Scottish Ministers or the Welsh Ministers—

(a) if they apply to a function in respect of which a fee is payable, must also apply to the function of charging and receiving that fee;

(b) if they apply to the function of issuing a notice under paragraph 1 or 2 of Schedule 6 (compliance notices and monetary penalty notices), must also apply to the functions under paragraph 4 of that Schedule (costs notices) so far as exercisable in connection with the first function.

(9) Money received by a traffic commissioner as a result of regulations under subsection (7) must, unless subsection (10) applies, be paid into the Consolidated Fund in such manner as the Treasury may direct.

(10) Money received by a traffic commissioner under paragraph 2(2) of Schedule 6 (monetary penalties) as a result of regulations under subsection (7) made by the Scottish Ministers or the Welsh Ministers must be paid to those Ministers.”—(Anthony Browne.)

This amendment makes provision about fees, penalties and costs made payable to traffic commissioners by regulations under Part 5.

Schedule 1

Enforcement action under Part 1: procedure

Amendments made: 4, page 78, line 7, after “Part” insert “(other than section 43(1))”.

This amendment is consequential on amendment 1.

Amendment 5, page 78, line 14, at end insert—

“(5) Money received by a traffic commissioner as a result of regulations under this paragraph must be paid into the Consolidated Fund in such manner as the Treasury may direct.”—(Anthony Browne.)

This amendment is one of two that clarify what happens to fees, penalties or costs under Part 1 if they are made payable to traffic commissioners by regulations.

Third Reading

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[Wera Hobhouse]

I add my thanks to everybody who worked so hard to bring the Bill forward. As I have said before, the Liberal Democrats have been very supportive. This is a brave new world and I assume that, as we go along exploring the new technology, we will keep a very close eye on the data protection issues that I raised. This is not the end of the road; it is the beginning, but it is an exciting beginning.

Question put and agreed to.

Bill accordingly read the Third time and passed.