Telecommunications Infrastructure (Leasehold Property) Bill

Clause 1

Code rights in respect of land connected to leased premises

I beg to move amendment 2, in clause 1, page 2, line 3, after “lessee in occupation” insert

“, or a person who is a legal occupant of the property and who is in a contractual relationship with the lessee or freeholder,”.

With this it will be convenient to discuss the following:

Amendment 1, page 2, line 16, at end insert—

“(f) the operator does not, after 31 December 2022, use vendors defined by the National Cyber Security Centre as high-risk vendors.”

Amendment 4, page 2, line 16, at end insert—

“(f) the operator does not use designated high-risk vendors, as defined by the National Cyber Security Centre, in newly deployed electronic communications services.”

Amendment 3, page 5, line 14, at end insert—

“(8) Any operator exercising Part 4A code rights is obliged to ensure that alternative operators can easily install the hardware needed to provide their own electronic communications service.

(9) The definition of ‘easily’ in sub-paragraph (8) is to be provided by Ofcom.”

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

“(8) Any operator exercising Part 4A code rights must publish a plan setting out how they will remove high-risk vendors, as defined by the National Cyber Security Centre, from their network.”

Amendment 6,  page 6, line 37, at end insert—

I welcome the Secretary of State to his place. It is somewhat surprising to see him, as my hon. Friend the Member for Batley and Spen (Tracy Brabin) had expected to see him in the Commonwealth debate yesterday and I was expecting to see the Under-Secretary of State for Digital, Culture, Media and Sport, the hon. Member for Boston and Skegness (Matt Warman) today. As I understand it, after saying almost nothing over weeks in his post, the Secretary of State’s first moment at the Dispatch Box may be to reverse completely the Government’s position on part of the Bill. That raises the question: what information has changed and did the Government know what they were doing in the first place?

As we are taking all the amendments together, I shall consider the whole Bill. It is a great pleasure to speak on the Bill as shadow Minister for Digital. I have an interest to declare: before entering the House, I worked as a telecommunications engineer for 23 years, rolling out telecoms infrastructure in countries as diverse as Germany, Nigeria, Britain and Singapore. I am passionate about digital technology and the positive difference it can make; however, the 10 years for which I have been in Parliament have coincided with a rapid decline in the relative quality of our telecoms infrastructure under successive Conservative Administrations. Without the required ambition, this Government risk wasting a decade more.

The UK has a proud technological history, from the earliest days of the industrial revolution to the invention of the first fibre-optic cable and, of course, the worldwide web. That is why it was with such regret that on Second Reading I highlighted the fact that the OECD ranks us 35th out of 37 for broadband connectivity, even though ours is the fifth largest economy, and that 85% of small and medium sized enterprises said that their productivity was adversely affected by unreliable connections in 2019.

I suspect I am going to agree with some of the things that the hon. Lady says later in her speech, but before we get to that point, let us not be too prissy about the party political element of this matter. The original problem with our telecoms industry started with the asset stripping of the industry by the Labour Government under Gordon Brown, with the spectrum auctions. The hon. Lady should recognise that if she is to make a sensible case.

I, too, look forward to the point at which we agree on something, but let us be absolutely clear about this: the telecoms infrastructure that the Labour Government oversaw was, in terms of competition and investment, an example for the world. If he does not believe that, the right hon. Gentleman can consult the figures.

The hon. Lady is, of course, making her party point—I accept that—but in 2003 it was a Labour Government, under one T. Blair, who allowed Huawei into the UK in the first place.

The hon. Gentleman anticipates some of what this debate is about, but I point out to him that in 2003 there were no relevant powers or requirements on operators to notify when a foreign supplier became part of the network. More broadly, we are not, and I hope the hon. Gentleman is not, saying that the presence of suppliers from, or investment in our country by, different countries such as China—the Government have overseen huge investment in our infrastructure by the Chinese—is by definition wrong; we are saying clearly that we need to put in place plans to mitigate and manage that presence and investment. The Government are not doing that. The hon. Gentleman talks about avoiding party political debates, but he is making historical party political points.

May I gently point out to the hon. Lady that when she uses the Labour party sneer of the month about the part-time Prime Minister, she might like to look behind her and discover that there is precisely one person on the Labour Back Benches? She appears to be speaking for a part-time political party.

I admire the fact that the right hon. Gentleman compares the Prime Minister of the United Kingdom with Back-Bench Labour MPs. I entirely agree that many Back-Bench Labour MPs contribute far more to the effective government of this country than the Prime Minister, who is not to be seen in our flood-devastated regions. I do not want to ask too much of you, Mr Speaker, so I will try to make some progress. First, though, let me say to hon. and right hon. Members that if they examine the record of the infrastructure competition that was in place until 2010—I was working for Ofcom at that time—they will see that there was far greater infrastructure competition then than there is now.

I am very grateful to the hon. Lady for giving way on that point. In her time did she, by any chance, come across the Rifkind report that criticised the then Labour Government for the decisions that they had made? Did she read it in any way, or did she have any views on it when it was published?

I have to say that I do not remember reading the Rifkind report, which suggests that it did not make a significant impression, as it was my job to look at the management of the network. The hon. and right hon. Gentlemen on the Conservative Benches—there are many of them—are trying to accuse the last Labour Government of neglecting in some way our telecoms infrastructure, but it is totally clear that, over the 10 years of the last Labour Government, we rolled out broadband infrastructure to 50% of this country. If that is neglect, we would like to see a little bit more neglect like that at the moment.

I wish to make some progress, but I will be happy to give way in a while.

What the Prime Minister promised was full fibre by 2025. Then he downgraded that pledge to universal “gigabit-capable” broadband, and then, in the Queen’s Speech, the pledge was watered down further to “accelerating the roll-out” of gigabit-capable broadband. I am pleased that, in this Bill, the Government appear to be acknowledging the limitations of a market free-for-all and now propose a number of minor measures to ease infrastructure build-out by giving operators more power to access apartment blocks when requested by tenants.

This is a mediocre Bill. On Second Reading, the Minister spoke of

“taking the first hammer blow to the barriers preventing the deployment of gigabit connectivity.”—[Official Report, 22 January 2020; Vol. 670, c. 358.]

This is not a hammer; it is not even a toy hammer. It is like one of those sponge hammers that may make you feel better, but actually does nothing at all. This Bill does not go far enough in solving the problems brought about by a wasted decade in which the Tories allowed the re-monopolisation of broadband infrastructure and failed to take advantage of the world-leading position left by the last Labour Government. If the Government genuinely believe in the levelling up of the UK’s broadband, the Prime Minister has to do far, far more than this.

Could the hon. Lady give the House some guidance on the amendment proposed by my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) and the three different versions of something that looks similar in the name of the Leader of the Opposition? I would like to understand why the Opposition are taking a different line from that of my right hon. Friend, and what that amounts to.