Automated and Electric Vehicles Bill

Andy McDonald Excerpts

2nd reading: House of Commons & Ways and Means resolution: House of Commons
Monday 23rd October 2017 Commons Chamber

[Iain Stewart]

I am afraid that my memory is not as complete as it might be. I cannot recall whether that was discussed; I do not think it was. However, my right hon. Friend raises a very fair point, and I hope that it will be considered in Committee.

As regards the distinction between a wholly autonomous car where there are no driver controls whatsoever and driver-assist, there will be cases in the middle where the car has a dual function, with blurring as to when the technology is applied. I would still like Ministers to provide greater clarification for drivers and the industry on the point at which the transition occurs. We have heard talk about having road trains in future where a car may be driven under control up to a certain point and will then form part of a convoy on the motorway. There needs to be greater clarity, for the public in particular, about the point at which the changeover happens.

[Andy McDonald (Middlesbrough) (Lab)]

I am very interested in the hon. Gentleman’s comments. If we have totally automated vehicles end to end, and the whole purpose is to liberate people who would not otherwise be able to drive, is it not completely logical that they would not be subjected to any test whatsoever in the conduct of that vehicle?

[Iain Stewart]

Indeed. The shadow Secretary of State makes a perfectly fair point. We cannot predict what all these vehicles will be like. Some may have dual function, and we should prepare for that eventuality.

Clause 4 touches on where the liability lies if the software has been tampered with in some way. That could happen accidentally if the car was being repaired and an engineer did not upgrade or put the thing back together properly, or it could be deliberate. We have already had cases of cyber-attacks on autonomous and connected vehicles. We had reassurance in Committee previously that in the absence of further regulations, the current system would apply, and ultimately the Motor Insurers Bureau’s uninsured scheme would come into force. Does it remain the insurer of last resort? Sadly, given the huge number of scams we currently see in the insurance market with arranged accidents and so on, malevolent people will devise new ways of trying to scam how autonomous vehicles are insured. I urge the Minister to work with industry to make sure that we future-proof the systems and the regulations as much as possible to make sure that we can deal with these scams effectively as they arise.

Another point in clause 4 that still causes me some concern is subsection (1)(b), which refers to

“a failure to install safety-critical software updates that the insured person knows, or ought reasonably to know, are safety-critical.”

If there is such a failure, the insurer’s liability is diminished. I would like some further clarification as to what

“or ought reasonably to know”

actually means. At what point does the individual become liable for making sure that the software is upgraded? I am awaiting goodness knows how many updates for my iPhone; I am fearful of installing them because it will mess up my contacts list and everything else in it. That does not matter, because it is my phone and my choice, but if I am getting into a vehicle that is controlled by software, what is the point of liability at which I need to upgrade it? Will the upgrades have a limiting capability such that if it is not upgraded, the vehicle will not work? If so, where would that be specified? Subject to clarification on the points I have raised, I broadly welcome the general approach to insurance, as it will allow the industry to develop a variety of appropriate products. The market will change, and we need to give the industry the flexibility to develop.

With regard to part 2, on electric vehicles, again I welcome the general approach taken in the Bill. We cannot predict future technology, and it is therefore difficult to be specific, but equally we need to give industry and consumers confidence regarding concerns over range anxiety. Will charging points be harmonised? Will they work? Will there be enough of them at motorway services? Will there be sufficient time to recharge? All these points need to be dealt with to give consumers and industry some clarification.

We are seeing an increasing take-up of ULEV vehicles, particularly electric-only models. There have been developments with Volvo and others saying that all their new cars will be electric or hybrid in the very near future. However, there are a couple of broader concerns that are not entirely within the jurisdiction of the Department for Transport, but the Department needs to be in the lead in discussions with other Departments. First, there is the cost to Government in terms of lost revenue from fuel duty, and potentially from parking charges that local authorities levy on motor vehicles but are free for electric vehicles. One estimate is that if the Government do not make any changes, they will lose £170 billion in revenue by 2030 as people increasingly shift to electric vehicles. What does that mean for how we charge for our vehicles? I appreciate that that is a much broader issue that goes beyond this Bill, but it will have to be addressed at some point.

We also need to look at how we are going to power these cars. Atkins, drawing on a report by the Energy Technologies Institute, recently said that we need to understand when and where people will want to charge their cars. At the moment, it is likely to be in the early evening, particularly Sunday evenings as people have more leisure time then. That is forecast to add 10 GW of demand to the grid—a 20% increase at a time when it may be at its least resilient. How are we going to address that? I suspect that it will largely come down to the battery technology outlined by my right hon. Friend the Member for West Dorset (Sir Oliver Letwin).

As others have said, 30% of UK residents do not currently have off-street parking, living in flats, terraced houses and other places where it is not easy to just put a plug out of the window and attach it to the car. That will have to be addressed in our planning systems as we move forward.

We had a very good Bill prior to the election, and this Bill has been improved. It addresses many of the concerns that were raised. I have raised a few more tonight, and I very much hope that they will be picked up in Committee. We have to get it right. This is an important Bill and it has my full support.

--- Later in debate ---

[Andy McDonald (Middlesbrough) (Lab)]

Thank you, Madam Deputy Speaker. We have had a very thorough debate, so perhaps Members thought that the ground has been well covered, as it has.

As has been previously stated, Labour is supportive of the Bill. We intend to vote in support of it but to table key amendments in Committee. Indeed, we supported these clauses the first time around, when they were part of the Vehicle Technology and Aviation Bill, which had passed through its Commons Committee only for the Prime Minister to go off for a walk in Wales and then call a snap election, so all that work was lost.

I commend the Minister for Transport Legislation and Maritime for his approach to the Bill, which reflects his approach to all such matters. If Carlsberg did legislation, it would copy his lead.

Before I discuss the content of the Bill and some of the contributions we have heard, I wish to express my disappointment at the Government’s decision to break up what was the Vehicle Technology and Aviation Bill so that it could be reintroduced as smaller, separate Bills. As the hon. Member for Kilmarnock and Loudoun (Alan Brown) said, the introduction of the Air Travel Organisers’ Licensing Bill—a four-clause Bill, whose clauses had already been debated as a part of the Vehicle Technology and Aviation Bill—and the inordinate amount of time afforded to debating it, was nothing less than an embarrassment. It is clear that the Government, running scared of Parliament, decided to break-up the Vehicle Technology and Aviation Bill in an attempt to compensate for a threadbare legislative agenda, and so that the House would spend as much time as possible re-treading old ground so that they could avoid debates and votes on the myriad important issues facing our constituents that should require our urgent attention.

We will seek to make a number of key amendments in Committee on areas of concern, such as the liberal use of delegated powers in the Bill, and I have taken on board some of the comments made by the right hon. Member for West Dorset (Sir Oliver Letwin) on clause 9. We will amend any areas of the Bill that might add costs to policyholders and contention over liability between manufacturers and insurers. We will also seek to amend the Bill so that the Government have to consult widely on developing a definition of “automated vehicles”, as highlighted by the hon. Member for Milton Keynes South (Iain Stewart), and we will press the Government to clarify how the proposed regulations will promote the uptake of electric vehicles, ultra low emission vehicles and automated vehicles.

We have heard a range of contributions. My hon. Friends the Members for Bishop Auckland (Helen Goodman), for Barrow and Furness (John Woodcock) and for Swansea East (Carolyn Harris) returned to the issue of the adequacy of charging points and came forward with many suggestions, including the provision of charging points at shopping centres and the like. My hon. Friend the Member for Eltham (Clive Efford) was quite correct to highlight some of the moral choices that we will have to wrestle with through Committee stage and beyond in terms of the choices that automated vehicles will make on our behalf.

There was a wide-ranging and thought-provoking contribution from my hon. Friend the Member for Ellesmere Port and Neston (Justin Madders) concerning the reality of the job losses in his constituency. He highlighted that particular moment when the occupant ceases to become liable, and mentioned deliberate hacking, which was referred to on a number of occasions. My hon. Friend the Member for Bristol West (Thangam Debbonaire) talked about the potential ratcheting up of debt finance agreements, and the affordability of such contractual arrangements. She warned about our remaining vigilant in that respect. My hon. Friend the Member for Warwick and Leamington (Matt Western) highlighted the higher take-up of electric vehicles in places such as Norway and their apparent better interoperability, saying that perhaps lessons could be learned in that regard.

It is important to make it clear that although there is much support in this Bill, it is not accompanied by a broader strategy that is sufficient to combat air quality and climate change or to support industry. It was a positive move from the Government to announce the ban on sales of all diesel and petrol cars and vans from 2040, but that will not be achieved while the target remains unaccompanied by additional measures and increased funding for alternative modes of transport.

The Bill does not address the issue of funding sufficiently to support the uptake of electric vehicles. It was clearly a counterproductive move to slash grants for ultra low emission vehicles and electric vehicles and to cut the plug-in grants for EVs and for home charging, as the market alone will not facilitate the transition to future vehicles. The Office for Low Emission Vehicles already subsidises low emission cars and vans but does not do so for e-bikes. OLEV has said that that is because Ministers have not given it a remit to do so.

Labour has also pledged an additional £200 million to the Office for Low Emission Vehicles, which could be used to reinstate grants such as a wider commitment to invest in the work of OLEV to provide clean modes of transport. In practice, better funding to the office would also mean that the new ULEV grant scheme could be financed as part of better support for research and other grants, including for e-bikes, which OLEV deems necessary. Grants could be awarded to create a wider network of charging points. On that point, I do acknowledge the announcement of extra funding made by the Minister tonight, for which I am grateful.

Automated vehicles will make our roads safer and underline the importance of reducing the number of killed and seriously injured on our roads. Tragically, for too many families the road safety record of this Government is not a happy one. The latest road safety statistics make for chilling reading, with the number of road deaths at a five-year high and serious life-changing injuries up by 9%.

Labour made significant progress on road safety, but those targets have been scrapped, which has allowed our roads to become more dangerous. The underfunding of police forces has meant that there are a third fewer dedicated traffic police than a decade ago, making enforcement less effective. In the long term, automated vehicles will make our roads safer, but we cannot allow the Government to substitute urgently needed action with long-term strategies, and legislating on automated vehicles should not be an excuse for a failure to reintroduce road safety targets and a refusal to deliver the resources our police forces need.

Although it is true that air quality will in future be improved by the use of electric and ultra low emission vehicles, there is an abject failure to tackle the air pollution crisis that today is causing some 50,000 premature deaths. The Conservatives have failed to introduce a diesel scrappage scheme or to give local authorities the powers they need to introduce clean air zones. We saw today measures set out by the Mayor of London, but it is wrong that the Government are denying local authorities the powers they need to clean up our towns and cities. The Government are presiding over a lack of investment in sustainable modes of transport, including cuts to bus services, which are in decline due to a combination of cuts and the failure of the bus deregulation system.

However, against that backdrop, Her Majesty’s Opposition will support this Bill. We will work to secure the support of the Government for our amendments in Committee to deliver the best possible legislation to accommodate the burgeoning automated and electric vehicle industry, and the massive social and economic potential that it represents.

Automated and Electric Vehicles Bill

Andy McDonald Excerpts

3rd reading: House of Commons & Programme motion: House of Commons & Report stage: House of Commons
Monday 29th January 2018 Commons Chamber

[Andy McDonald (Middlesbrough) (Lab)]

Mr Deputy Speaker, I do not know whether you remember Raymond Baxter and James Burke all those years ago on “Tomorrow’s World”, saying that vehicles would connect and talk to one another—you are too young, I am sure, but seemingly that day is dawning.

I thank the Government Front-Bench team for the spirit of co-operation in which they have handled the Bill. Had the right hon. Member for South Holland and The Deepings (Mr Hayes) been in his place, I would have thanked him and told him that if Carlsberg did legislation, they would probably do it this way. However, I cannot say that to him because he has gone for his dinner.

As these clauses were largely included in the Vehicle Technology and Aviation Bill, which was dropped following the Prime Minister’s decision to call a snap general election, they have been scrutinised in Committee in the Commons twice. I place on record my thanks to all those who have been involved so far in improving the legislation. The Transport Secretary is correct when he describes the potential for electric and automated vehicles to transform transport in the coming years. It is right that a Bill is brought forward to allow those technologies to be facilitated and encouraged.

It is necessary to address certain issues successfully, including questions of insurance and what powers are necessary for the development of charging networks, for the UK to stay ahead of the curve on transport. It is right to legislate to encourage research and innovation that will shape how we travel in future and create the highly skilled jobs that our economy needs, as well as tackling the environmental and climate change challenges that confront us. Sadly, road deaths are at a five-year high, but there is considerable potential for automated vehicles vastly to improve road safety, not just by avoiding the errors that lead to so many crashes, but by using the information gathered to aid the design of safer roads and infrastructure in future.

The UK is in the midst of an air pollution crisis that the Government have failed to address. Recent studies show that 50,000 deaths in the UK last year were attributable to air pollution. This is a higher proportion than in Germany, France, Spain and many other European countries. For that reason, I welcome the Government’s commitment to an electric charging infrastructure, as announced in the autumn Budget, and the continuation of limited subsidy schemes for ultra low emission vehicles. The UK is also in a strong position to become a world leader in the production of automated and electric vehicles and to enjoy the greater economic benefits that will flow therefrom, although we may have to cope with the new condition of range anxiety.

The Bill alone does not add up to the wider policy framework that is required for the UK to take advantage of the opportunities presented to us, but it is an important Bill, which we support. Labour wishes to continue to work constructively with the Government in pursuit of these objectives. Creating the insurance frameworks needed to allow automated vehicles on our roads is a necessary step but not itself sufficient. The Transport Secretary has announced that driverless cars will be in operation on UK roads by 2021. Although the Bill is needed if that is to be the case, it is the pace at which the technology develops that will determine whether that target is met.

It is disappointing that the Government chose not to support our amendment in Committee to require a consultation prior to devolving the definition criteria for automated vehicles, which we regard as an unaddressed issue with the Bill. Although road-ready, fully-automated vehicles are still some years away, there has been a significant increase in assistance systems and partial automation over recent years, and those advances are in operation currently. The Bill assumes a clear distinction, but it is not apparent that one exists, and it is important that the Government draw on the available expertise to avoid inaccurate or confusing definitions in the future.

We are also concerned that the Bill does not require the provision of charging points to be distributed across the country more evenly, but I welcome the Minister’s commitment to publishing the Government’s strategy by the end of March—I just hope that that is March of 2018, not of some future year. As my hon. Friend the Member for Kingston upon Hull East (Karl Turner) stated earlier, however, the Government have acknowledged the need to monitor closely how charge points are rolled out and the need to get a clear view of where the concentrations of charge points are and what needs to be done to fill in gaps that emerge.

To conclude, when the Bill is debated further in the other place, the noble Lords will in all likelihood look for greater clarity from the Government on their strategy for electric charging infrastructure and how they will ensure a fair geographical spread, so that the benefits of these technological developments can be felt across the country. If we are to secure the opportunities that these exciting technologies present, this is a necessary Bill, and we are happy to support it.