11: Clause 2, page 2, line 19, leave out “such representative organisations as the Secretary of State thinks fit” and insert “representatives of road user groups and other groups whose safety or other interests may be affected by the application of the principles”
Member's explanatory statement
This is to probe consultation provisions.
My Lords, the amendments I am speaking to are basically about the process of external scrutiny and oversight of what the department is doing. In the previous discussion, we had a perfect illustration of why this is necessary, because the Minister said, “No—you can’t put the critical issue of safety in the legislation. It’s got to be left to the department”. That is what he was saying. Is that what we want in the public interest? Does it satisfy the concerns that people have?
I speak as a supporter of automated vehicles, but I believe that if we do not exercise the highest standards of safety in their introduction, we will get a public backlash which will put all this back for years. I say to the Minister: if he is so adamant that he is not prepared to accept my noble friend Lord Tunnicliffe’s amendment on safety standards, how is it also logical for him to reject all the amendments in this group, which are designed to improve stakeholder involvement and ensure that there is the widest possible consensus about what changes are to be proposed?
All the amendments in this group that are in my name are basically on this theme. Again, it is not the detail of the wording that matters at this stage—I am sure there are errors and faults in that—but the principle. Are the Government prepared to accept the principle that there should be widespread stakeholder involvement in this evolving issue of what regulation is necessary? As we know, there will not be a sudden change to automated vehicles. It is going to be a long process of evolution and change, as I think one of the noble Baronesses here said. We are going to have hybridity for a long time, so we have to face these questions of how we adjust our regulation in the light of experience.
The first amendment I put down was on the business of the statement of safety principles. The Government, unless they accept my amendment, are not even prepared to recognise the point in their legislation that there should be representative consultation on what the safety standards should be before they table them. That seems to be fundamental, so I am moving that as Amendment 11 and then speaking to the others.
My Lords, I want to make a brief intervention on this group of amendments. I thank the noble Lord, Lord Liddle, for raising the important issue of an advisory council. The disabled community talks about the importance of co-production right from the start to make sure that there is not consultation at the end when it is really too late to do things. I hope that the Minister will take that on board. The Government have finally begun to understand the importance of co-production with disabled people. You can never have just one representative and it is important to understand all the issues. But as the noble Lord, Lord Liddle, said, that also applies to other users, so an advisory council is going to have to cover a fairly broad range of interests. As the Minister reminds us continually during the course of the Bill, we are in new territory and design is inevitably going to have to change, so I hope that he will support these amendments.
My Lords, I will intervene very briefly and apologise for being late. I support my noble friend Lord Liddle in his comments on Amendment 49 and the need for an advisory council. We have come across this before in many other Bills and Ministers always seem to say, “We don’t want to list those people who might be on it, because they might change”. I just draw the Committee’s attention to the news, which I think came yesterday or today, about the new board for Channel 4. The comment was made that the only person who had any experience in diversity had been rejected. Whether it was because of that or because she was female we do not know, but everybody else—except for one—was a white male. The Government may say these things, but they do not always appear to do it.
My Lords, I support the amendment in the name of the noble Lord, Lord Liddle, to which I have added my name. I added my name because, as a member of the Secondary Legislation Scrutiny Committee, and a previous member of the Common Frameworks Scrutiny Committee, I am used to looking at what different departments consider to be proper consultation. This Government have a very poor record on recognising what is really inclusive consultation. I cannot think of a topic with a broader range of organisations to which the Government should be offering consultation than safety on roads. Almost everyone in our nation uses the roads in one way or another and has the right to a viewpoint and to have it considered.
It is probably a very little-known fact that the Secondary Legislation Scrutiny Committee keeps a record of the progress of individual departments on issues such as this. The Department for Transport does not have a wonderful record on consultation and reporting. Consultation cannot be only with the organisations, for example, producing the automated vehicles. It has to be with a whole range of organisations representing people who use the roads and directly with the people who use the roads themselves. I support the noble Lord, Lord Liddle, in his views.
Amendment 55, which is in my name, would require the Secretary of State from time to time to review the rules for driving tests to ensure that the public can safely drive both automated and non-automated vehicles in places where there are many automated vehicles on the road. It would also allow the Secretary of State to update the rules on driving tests. It is blindingly obvious to me that, over time, people’s driving skills will wither and die if no effort is made at keeping them refreshed.
This is an issue that the Transport Committee of the House of Commons addressed directly in paragraph 63 of its report:
My Lords, the amendments in this group concern external oversight of the operation of the self-driving regulatory framework. This includes duties to report and consult.
On the opening remarks of the noble Lord, Lord Liddle, it is a mischaracterisation to suggest that the issue of safety is simply being left to the department, and I said nothing of the sort. Indeed, it is on the face of the Bill that the statement of safety principles is to be developed in consultation with stakeholders—a point I will return to shortly—and subject to proportionate parliamentary scrutiny.
Turning to the noble Lord’s Amendments 11, 46, and 49, the Government are clear that we will consult with representative organisations on the proposed use of the Bill’s powers before they are used. Following government best practice, we anticipate this will bring in the views of the public, academia, trade unions and other representative bodies for affected groups. Notwithstanding the comments of the noble Lord, Lord Berkeley, it remains the case that this is a particularly uncertain policy area with a rapidly developing industry, and any statutory list of consultees risks falling out of date rapidly. Additionally, I note the consultation that has already taken place as part of the Law Commissions’ four-year review, which included road safety groups, trade unions and businesses. Many of the concerns raised during this process have already been reflected in the Bill. Examples include the introduction of the incident investigation function and the embedding of accessibility into the automated passenger service permitting process. On Amendment 49 specifically, we also believe an external advisory council of the type proposed would risk duplicating the vital functions of the statutory inspectors conducting independent safety investigations.
I return to the point the noble Lord made about taking over control and not taking over at a moment’s notice. From what I have read, 10 seconds seems to be the period specified for taking over control. Is that the Government’s accepted view? What research have the Government used in order to home in on that particular period, because 10 seconds is actually a fairly short period in which to get oneself from relaxed to fully in control of emergency situation mode.
The noble Baroness makes a fair point. I cannot give her an absolute answer on that one, but it is something I will certainly look into and come back to her on.
My Lords, I agree with what the noble Baroness, Lady Randerson, said about the 10-second question. We need more explanation of that.
I would make three points. I did not detect in what the Minister said any great sympathy for the amendments that I have put down—for three reasons. First, the Government seem to want to minimise future parliamentary involvement in this question of what the safety standards are as well as involvement in being able to discuss reports on the progress of the rollout of automated vehicles. That is point one: Parliament should be involved, and there is no reason why that should not be in the Bill.
Secondly, with automated vehicles there are clear implications for existing, well-established industrial sectors—buses, lorries and delivery vehicles—where many people are employed. It may be that there will continue to be new jobs in these areas; that is generally the experience of technological change, and it may get rid of the labour shortages that exist in some of these areas. That may well be true, but why not try to take the trade unions with you, as well as the employers, when you discuss the regulation of these things? That seems to me to be self-evident.
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Thirdly, on the question of an advisory council, I take the point that you might want to have flexibility of membership, but establishing an advisory council does not preclude that. As members of an advisory council, surely you would want to have the interest groups concerned with road safety, as well as having the organisations that represent cyclists, just to cite two examples. You would not ever want to exclude them from a role in commenting on proposed regulation. So again I do not see that this is an objection in principle. It would actually help the Minister to have an advisory council on what will be, as we all accept, very difficult issues.
I am grateful for the point that the noble Lord makes, but I come back to the point that the Government are very clear that we will consult representative organisations on the proposed use of the Bill’s powers before they come into force. The noble Lord seems to imply that these bodies are not onside. As I have said previously, we anticipate that we will bring in the views of academia, trade unions and other representative bodies, so I do not really accept what the noble Lord says.
On Amendment 33, we have the case that there will be reports, but there is absolutely no provision that they will be laid before, and provide an opportunity for discussion in, Parliament. Is that not pretty fundamental?
Amendment 49—let me find this part of the Bill; I do not want to mislead the Committee—would come after Clause 93. Its principal proposal is for the establishment of an advisory council, which would bring together stakeholders and people who are relevant to this debate. At one end, it would include trade unions, because if you are talking about automated delivery vehicles and automated bus services—that may be one of the first areas where automated vehicles will be used fully—then you have to carry the representatives of working people with you. It is only right that trade unions and employers should be involved.
When we are talking about an advisory council, these things cannot just be driven by the industry and the producer interest. We have to look at the views of people such as cyclists. Cyclists are probably more at risk in a hybrid situation, alongside pedestrians, than any other group. The cycling association has thought about this quite hard and has quite sensible views, so I would like to think that the department was institutionally obliged to consult it and take its views into account.
That is the very valid point of this group of amendments. I would like to hear from the Minister why he cannot accept them, because it seems self-evident that if we are not prepared to put things in law which require high safety standards, then we will have to find some other mechanism by which the public can be reassured.
“Greater automation will reduce time spent driving. Over time drivers may become less practised and therefore less skilled. Conversely, the demands on drivers will grow as they will be called upon to retake control of vehicles in challenging circumstances with little notice. The Government should set out a strategy for the future of human driving in a world of self-driving vehicles. This should include possible changes to driving tests and a plan to ensure that all drivers fully understand self-driving vehicles and both acquire and maintain the necessary skills for taking control of a vehicle in all circumstances”.
Looking at the circumstances in which you would retake control of a vehicle, it seems it would be when it has become too complex for the automated vehicle to cope. You would be sitting there, quite relaxed, and suddenly you would be in an emergency situation. That requires new and different skills and a new and different approach. It is essential that the Government look at the driving test and the issue of refreshing skills. This is going to be possibly most acute as an issue for older drivers and for young and inexperienced drivers. Skills can become stale very quickly.
The noble Lord, Lord Liddle, has one approach to this in Amendment 47; I have a slightly more urgent approach in Amendment 55. The principle of the two amendments is the same. The issue needs to be looked at and it needs to be looked at now, so that everyone is prepared for when this situation comes into existence—which people tell us could be in the next few years.
I urge the Minister to give us a positive response on the issue of consultation and to reassure us that the Government are considering the issue of skills.
On Amendment 55D, an extensive public engagement programme has already been conducted over the course of the many years spent developing this legislation. That work is not stopping. For example, in 2022 we funded an unprecedented study called The Great Self-Driving Exploration. This award-winning public engagement exercise was explicitly designed to allow people from all walks of life to understand and give their views on how self-driving vehicles might affect their lives. The learning from this research is being used to develop future engagement plans, including ones that will inform our programme of secondary legislation. We also run the AV-DRIVE group, which focuses on how we can all engage consistently about self-driving vehicles. The group brings together vehicle manufacturers, software developers, vehicle leasing representatives, insurers, road safety groups and others. Work to date has focused on education, communication and building public understanding of the technology. This will also be supported by Pave UK, a new resource hub and education group launching this spring, with government support. I hope this offers my noble friend Lord Holmes of Richmond sufficient reassurance.
Amendments 32 and 33 look to attach additional requirements to the general monitoring duty set out in Clause 38. This clause requires that reports be published on the performance of authorised automated vehicles, including assessments of the extent to which this performance is consistent with the statement of safety principles. Since the principles are required to be framed with a view to securing an improvement in road safety, any assessment against them is already an assessment of safety. The exact format of these reports is yet to be determined and will likely vary depending on the number and types of relevant deployments in any given year. However, I can confirm they are expected to include some fleet-level reporting on safety incidents. Finally, the existing publication requirement in subsection (3) will ensure that reports are available for all interested parties, including parliamentary colleagues. For these reasons, Amendments 32 and 33 are unnecessary.
I turn now to Amendment 30. Clause 43 specifies that authorisation and licensing fees may be determined by any costs incurred, or likely to be incurred, in connection with any function under Part 1 of the Bill. This includes the cost of controlling data collected through information notices. Part of these fees may therefore be used in relation to this function. However, to require separate reporting on these specific costs could add an additional administrative burden and therefore additional costs to the in-use regulatory scheme. It would therefore be disproportionate.
On Amendments 47 and 55, the Government recognise the importance of keeping driver skills up to date in a self-driving world. However, this needs to be done on an ongoing basis rather than to arbitrary reporting cycles. The foundations of that work are already well under way. We have commissioned research on how authorised self-driving entities can best educate those who use their vehicles, and we expect appropriate user training and support to form part of authorisation requirements. We have already updated the Highway Code to explain the difference between driver assistance and self-driving. Just as satnav use is now part of the driving test, driver training will continue to evolve with the arrival of new technology. For example, the Driver & Vehicle Standards Agency is already drawing on research from the RAC which proposes the new CHAT procedure, thereby teaching users of self-driving vehicles to “Check”, “Assess” and then “Take over” control.
I hope that this goes some way to reassuring the noble Lord, Lord Liddle, and the noble Baroness, Lady Randerson, that these issues are at the forefront of the Government’s mind and will continue to be tackled on an ongoing basis over the coming months, years and even decades. In answer to the noble Baroness’s specific point, a user-in-charge is not expected to retake control at a moment’s notice. There are safeguards in place in the Bill to promote safe transition, including requiring multisensory alerts and sufficient time to resume control. Vehicles must also be capable of dealing safely with situations where the user-in-charge fails to resume control.
In conclusion, I hope that the noble Lord, Lord Liddle, and the noble Baroness, Lady Randerson, see fit to withdraw the amendment.