Leaving the EU: Mobile Roaming Charges

(Urgent Question): To ask the Secretary of State for Digital, Culture, Media and Sport if he will make a statement on mobile roaming charges abroad in the event of a no-deal Brexit.

Delivering a negotiated deal with the EU remains the Government’s priority, and that has not changed, but I am sure the House will agree that we must prepare for every eventuality, including a no-deal scenario.

For that reason, we have taken a number of steps as a Government, working with businesses, consumers and devolved Administrations, to make sure that we deliver the best possible outcome in the event of no deal. The Government intend to legislate to make sure that the requirements on mobile operators to apply a financial limit on mobile data usage while abroad is retained in UK law. The limit would be set at £45 for each monthly billing period, which is the same limit that is currently in place. We would also legislate to ensure that customers receive alerts at 80% and 100% of their data usage so that all users can carefully manage that data usage. These would mean ongoing clarity and certainty for consumers.

I know that there is also a concern on the island of Ireland about the issue of inadvertent roaming. This is when a mobile signal in a border region is stronger from the country across the border. The Government intend to retain through UK law the EU roaming regulation provisions that set out how operators must make information available to their customers on how to avoid inadvertent roaming.

The Government are working hard to make sure that everyone is prepared and ready for all outcomes, and I encourage all businesses to read our technical notice, which we published last summer, on mobile roaming in the event of leaving without a deal. We should be clear, however, that surcharge-free roaming for UK customers may continue across the EU as it does now, based on operators’ commercial arrangements.

Leaving without a deal would not prevent UK mobile operators from making and honouring commercial arrangements with mobile operators in and beyond the EU to deliver the services that their customers expect, including roaming arrangements. The availability and pricing of mobile roaming in the EU would be a commercial question for the operators, and many of them, including those that cover more than 85% of mobile subscribers, have already said that they have no current plans to change their approach to mobile roaming after the UK has left the EU.

Yesterday, while my team was mapping out a potential cross-party approach to tackling the online harms caused by surveillance capitalism, what was the Secretary of State doing? He was trying to slip out a policy change of national significance that clearly warranted an oral statement to the House. We must thank the HuffPost website that the Government did not manage to sneak it out without scrutiny at the Dispatch Box, and we must also thank you, Mr Speaker, for granting the urgent question.

When mobile roaming charges were scrapped in 2017, it was a great day for consumers. Tens of millions of British holidaymakers travelling to EU countries were told that they were able to “Roam Like Home”. Before then, many had been burnt by huge and unexpected bills for trying to access their emails or sending pictures to their families back at home. As a nation, we were spending a third of a billion pounds just to use our mobiles on holiday. It was so bad that in 2016, the then Minister for the Digital Economy, the right hon. Member for Wantage (Mr Vaizey), said that

“by realising these changes, we’re going to save British consumers millions of pounds a year.”

Today’s announcement shows once again that this particular Secretary of State and this particular Government will cave in to the lobbying might of telecoms companies rather than listening to the voice of consumers who are set to lose out. He said that mobile phone operators had said that they had “no plans” to raise roaming charges, but he and I know—and, more important, voters know—what that phrase really means.

The reason the EU introduced free roaming in the first place was the fact that the telecoms companies could not be trusted to give consumers a fair deal, so let me ask the Secretary of State some questions. Why has he decided that the price of no-deal Brexit is better paid by consumers than telecoms companies? What binding commitments has he asked companies to give to ensure that consumers are not hit by high roaming charges in the event of a no deal? Can he guarantee that if, by luck or by skill, the Prime Minister gets her deal through, consumers will not pay roaming charges in future? When has he summoned the telecoms chief executives to talks at the Department, and if he has not done so, will he do so this weekend to ensure that consumers can receive their guarantees?

The hon. Gentleman expressed a commendable interest in my diary for yesterday. Let me remind him that I was having meetings on the subject of online harms, which he and I had discussed on what I thought was a cross-party basis some time before he made his speech yesterday. I was also spending some time discussing problem gambling with the banks and with the all-party parliamentary group on gambling related harm, which is led by his hon. Friend the Member for Swansea East (Carolyn Harris).

I know that the hon. Gentleman cares about both those subjects and would wish me to spend time on them, but he need not worry, because I have also been spending some time on this subject. Having done so, I can tell him that it will be discussed by this House because this is an affirmative statutory instrument. The Government have set out their view that it should be an affirmative statutory instrument, which will give the House an opportunity to debate this subject, so the hon. Gentleman or one of his colleagues will be able to discuss the matter in some detail when that debate is reached.

The hon. Gentleman says that we are caving in to the mobile phone operators, but the reality is that when we leave the European Union—that is what is going to happen, because the Government and the Opposition, if I understand their current position correctly, intend to respect the outcome of the 2016 referendum—it will not be possible for the UK Government to force our rules and expectations upon EU mobile phone operating companies. So if those companies choose to charge British mobile network operating companies at a wholesale level, one of two things will happen: either that cost will be passed on to those who are using their mobile phone abroad, or it will be spread across all mobile phone users on that network. That is the choice.

The decision we have made is to ensure that consumers are given the best possible protection in the event of leaving the EU with no deal. I have made it quite clear that that is not the Government’s intention, however. We worked very hard to get a deal, and we would be grateful for the hon. Gentleman’s help on that, but it is important to recognise what we can do and what we are doing. We are making sure that those elements of the current EU regime that can be transferred into domestic law are transferred into domestic law. Making sure that consumers cannot spend more than the amount that is currently provided for in EU law without understanding that they are doing so is an important consumer protection, as is letting people know how much of their data they have already used. That is what we can do, and that is what we should do in the event of no deal.

Is not a competitive market the best answer?

Of course, we have a competitive market, but that is perfectly compatible with providing consumer protections. Where there are sensible consumer protections in place under EU law and we can transfer them into domestic law, that is what we should do. In this case, that is what we are doing.

The other thing we could do to avoid these charges is not to have Brexit at all. What the Government’s 85% statistic tells us is that 15% of customers will definitely be charged extra while roaming in the EU. Last week, Money Saving Expert said that just two out of 12 major mobile firms have committed to keeping roaming free and that two thirds of people think it important to have no roaming charges when they go abroad. The Government’s impact assessment focuses on the cost for mobile operators rather than the cost for consumers. What assessment has the Secretary of State made of the additional cost to consumers as a result of this change?

The Government have not been upfront about this. They have not made a statement on the Floor of the House without being dragged here to answer the urgent question tabled by the hon. Member for West Bromwich East (Tom Watson). I am glad that he has asked this question, but the Government could have been more proactive in explaining to consumers what they expect to happen. The Secretary of State has said that this will be done by an affirmative statutory instrument that will require debate, so will he ask the Leader of the House to make time for such a debate on the Floor of the House, rather than it being debated in Committee? If this is such an important issue and if the Government are not trying to duck and dive, he should agree to it being debated on the Floor of the House.

Lastly, what is the Secretary of State’s understanding of the position of people who live in Northern Ireland and work in Ireland, or vice versa, in relation to roaming charges? It seems to me that there is almost no way for them to avoid roaming charges unless they choose to have two mobile phones. Have the Government considered those people when making this decision?

The hon. Lady accuses us of attempting to hide the matter, but, as I said, the Government intend to conduct a debate on the statutory instrument using the affirmative procedure. That does not represent hiding. The provision will appear in all the normal processes of the House, and the House will have the chance to discuss what should be done through that Delegated Legislation Committee.

As for whether 15% of mobile phone customers will inevitably pay roaming charges, that is not quite what I said. I said that mobile network operators that cover 85% of consumers have said that they have no plans to introduce roaming charges. It does not follow that the operators covering the other 15% have specifically said that they do. They may have said nothing at all.

Turning to Northern Ireland, I said that there is a legitimate concern about inadvertent roaming, and there are measures that can be taken. Those measures are already reflected in the EU regulation, the key parts of which that we can replicate we seek to replicate. We will ask operators to do all that they can to prevent inadvertent roaming, and there are several ways in which they might do so. Exactly how they do so will of course be a matter for them.

Finally, I suppose that I should give SNP Members some credit. At least they are clear about what they think of Brexit. They do not want it, and I understand that. Unfortunately for them, however, the people of the United Kingdom, voting as the United Kingdom, decided in the majority that they wanted to leave the European Union. This Government intend to honour their decision, as Parliament said that it would, but there are consequences to a no-deal exit from the European Union that the Government seek to mitigate, and this is one of the instruments by which we seek to do so.

Does the Secretary of State agree that consumer protection is behind his announcement today and that that has been the great strength of the way in which he has approached this issue?

I am grateful to my hon. Friend, who is right. The Government have a responsibility, where we can, to continue consumer protection measures that currently reside in European law but that we think are sensible and desirable and that we will transfer into our own law in the event of our departure. Of course, as he will know, if there is a deal that includes an implementation period, the position will continue exactly as it is now during that period, which is one reason why such an implementation period and such a deal are desirable and one reason why it would be good for the Opposition to take their responsibilities seriously in this regard.

The Secretary of State says that the Government intend to lay the provision as a statutory instrument and that it will therefore be debated in the normal way. However, he will surely know that an enormous backlog of statutory instruments must be passed by 29 March and that appropriate levels of scrutiny will be challenged. Knowing that we lack the time to scrutinise every single statutory instrument in time for Brexit, what words of comfort can he possibly have for consumers in my constituency?

I am unsure what the hon. Lady is suggesting. Is she suggesting that the Government should operate by fiat and pass the measure without consulting Parliament at all? I do not think that that would be the right way forward, even if it were feasible. This matter can be addressed by statutory instrument, and the Government intend to do so. We chose to use the affirmative procedure so that the House will have the opportunity to discuss the matter. It would seem that I am being criticised by the SNP for not allowing enough debate and by Labour for allowing too much.

There is a sense of groundhog day when Members on the Treasury Bench who voted for the deal face complaints from those who voted against it about the prospect of no deal. Will the Secretary of State update the House on what discussions the Government have actually had with mobile network operators about getting a resolution to this issue, rather than just playing politics?

I am grateful to my hon. Friend, because I forgot to say in response to the hon. Member for West Bromwich East, who was concerned that the Department had not had such conversations, that we have had discussions with network operators to ensure that we understand their intentions and to talk about what they will do next. Of course, what they decide to do will in the end be a matter for them because, as I have explained, it is not possible for the UK Government to restrict the activities of European mobile network operators. However, they have made their views clear, and the Government are doing what we can to smooth the path of a no-deal exit, but we would all agree that it is better to avoid one. The best way to do that is to vote for a deal, and that is what my hon. Friend the Member for Torbay (Kevin Foster) is doing. Let us have a bit of company from Opposition Members.

If there is no deal, it will be because the Government have made a conscious choice to go down that route.

Has the Secretary of State attempted to assess the cost implications if some of those companies that say they have no plans at present to introduce roaming charges do, indeed, do so? Has he assessed the associated costs of losing the European health insurance card, of difficulties in securing travel insurance and of the visa charges that have been mentioned? How much will that cost British consumers going on holiday?