Automated Vehicles Bill [Lords]

Grahame Morris Excerpts

2nd reading
Tuesday 5th March 2024 Commons Chamber

[Mr Harper]

I thank my hon. Friend for speaking powerfully for his constituency. He is right: those developing this technology will want to roll it out carefully and thoughtfully, and they will want to do that in specific places in the United Kingdom. He has just made a powerful bid for Milton Keynes to be at the centre of that.

Gearing Britain up for a self-driving future has been the work of years. In 2015, our world-leading code of practice enabled self-driving vehicle trials in the UK. We passed the Automated and Electric Vehicles Act 2018, which codified insurance in this area for the first time and recognised the importance of that, as the hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards) said earlier. In that same year, we kicked off a Law Commissions review on a legal and safety framework for self-driving vehicles—

[Grahame Morris (Easington) (Lab)]

rose—

[Mr Harper]

Let me just set out what that review did, then I will take an intervention from the hon. Gentleman, who is an esteemed member of the Select Committee. It convened legal minds from across the country, launched three rounds of public consultation, sifted through hundreds of written responses and produced more than 70 recommendations, which now underpin this legislation.

[Grahame Morris]

I am grateful to the Secretary of State for giving way. These are really important points, as is the clarification sought by the hon. Member for Carmarthen East and Dinefwr on insurance liability. Can I ask the Secretary of State about the arrangements for the compensation of victims of any collisions that are caused by uninsured automated vehicles? He mentioned the Automated and Electric Vehicles Act 2018, but that legislation does not mention this point. This Bill represents an opportunity to address that. Will the Secretary of State set out how we are going to do that, or are we missing an opportunity?

[Mr Harper]

The hon. Gentleman is right to raise that point. We have arrangements in place for vehicles with human drivers who are uninsured, and we are working with the Motor Insurers’ Bureau on the arrangements that will be in place. I would envisage analogous arrangements for self-driving vehicles that are uninsured, to make sure that if they are involved in accidents, any victims of those accidents are able to receive reimbursement in the same way as happens now for the victim of an uninsured driver. We already have arrangements, and I would envisage analogous arrangements. We are already having those conversations, but if the hon. Gentleman has more to say on that, either today or in Committee, I will be delighted to hear from him—

[Grahame Morris]

rose—

[Mr Harper]

I am happy to hear from him again now.

[Grahame Morris]

I am grateful to the Secretary of State for that clarification, but this is a whole new world where we will be relying on AI, software and so on. How would an insurer prove that a vehicle was being driven autonomously rather than by a driver? Under the provisions of the Bill, would the insurer have access to the data so that they could analyse it and see whether an individual was in charge of a vehicle or whether it was being driven autonomously?

[Mr Harper]

I will come on to that in my speech, but I will answer the hon. Gentleman’s specific questions. From the point of view of any person needing to make a claim, the insurer will be liable whether the vehicle is in self-driving mode or the user is in charge. What happens subsequently, regarding whether the manufacturer, the software provider or whoever has to pony up the money, is a matter for the insurer to argue about with them. That will not impact the victim, who will be paid by the insurer.

On the hon. Gentleman’s important point about data, we discussed this last week when I met a roundtable of those involved in the industry, including road safety campaigners and those in the insurance industry. The Bill will ensure that the data can be shared, and the insurance industry is keen for that to happen so that it can properly price the risk. I will say more about this when I talk about the safety framework, but there is a real opportunity here because most road traffic collisions are caused at least in part by human error. The track record of self-driving vehicles shows that this is an opportunity to improve road safety, which is important not just for those who use vehicles but for other road users. There is a balance to strike here. We need to capture that benefit but also ensure that we do not leave anyone exposed without protection, as the hon. Gentleman rightly set out.

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[Mr Harper]

These cars will have to be authorised by the regulator to go on the road, but my hon. Friend makes the good point that, as part of that process, what the user of the vehicle can and cannot do needs to be clear. I suspect there will be very limited things that they could do without affecting the operation of the vehicle, but it is good to put on the record that in the information provided by both the manufacturer and the regulator we must be clear about what the user of the vehicle can and cannot do to ensure it can be driven safely.

Despite Britain having some of the safest roads in the world, the levels of serious injury and road deaths remain too high. That could soon change. If we can eliminate driver error, which is involved in 88% of road collisions, we could get to the point where self- driving vehicles are a game changer for road safety: they do not drink and drive, they do not get stressed or distracted, they do not speed, get tired, bend the rules of the road or push their luck.

Self-driving vehicles will save lives and we cannot ignore the economic impact either. According to industry estimates, 40% of new cars will by 2035 have some self-driving capability. This is a growing global market, Britain’s share of which could be worth £42 billion and generate 38,000 skilled jobs in areas ranging from cyber-security to AI, and thanks to Government support, our self-driving vehicle industry is not only thriving but recognised the world over.

[Grahame Morris]

I thank the Secretary of State for his reassurances about safety. I do not think it is all one-sided, because another aspect of safety is cyber-safety, which we do not need to worry about with a traditional car. Automated vehicles are extremely vulnerable to cyber-attacks from hackers and potentially from terrorists, especially as the software and technology age. What are the Government going to do? Are they going to commit to establishing the necessary regulations to ensure cyber-security for automated vehicles is robust and that protections continue over the lifetime of the vehicle?

[Mr Harper]

The simple answer is, yes, we are going to do that. The hon. Gentleman is right to raise cyber-security as an issue, and it is of course an issue today, because many cars today have electronic features from keyless entry to navigation systems. Existing cars are vulnerable to being hacked. Cyber-security is important and we and the industry are working with the National Cyber Security Centre. I agree that cyber-security will be very important, but it already is important.

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[Louise Haigh (Sheffield, Heeley) (Lab)]

Let me start by confirming Labour’s support for the legislation and the principle behind it. Automated vehicle technology, once the preserve of science fiction, is advancing at pace. Fully autonomous vehicles are already being tested on our roads by world-leading UK companies. The progress they have made is truly something to behold. Continuing that progress and getting this technology and the safety standards around it right are so important. It has huge implications for road safety, vehicle accessibility and our economy, so Labour agrees that it is vital we have a proper regulatory framework in place to ensure these technologies are introduced in a safe and accessible way that contributes positively to our economy.

On that basis, we welcome the Bill and its efforts to set safety principles for these vehicles and clear rules around marketing to stop consumers being misled about the autonomous capability of the vehicles being sold to them. However, there is still room to go further and to ensure that these vehicles’ introduction is a public good and not in any way a destructive force. A few months ago, I also visited Wayve in King’s Cross, a UK company doing pioneering work to develop autonomous technology for vehicles, which it is already testing on our roads. It is an experience, sitting in a vehicle with no driver, no controls and no clue which direction it will go in next, and I admit that I wondered, as I was being whisked about central London in all sorts of directions without any input or control from me, if that was not how the Secretary of State felt sitting around the Cabinet table most weeks.

Turning to the safety benefits of autonomous vehicles, it has been estimated that road collisions cost our economy as much as £43.2 billion in 2022 and that 85% of road crashes involve an element of human error. Automated vehicles can play a huge role in reducing human error, avoiding tragic accidents and helping to reduce the burden on the state in the process. The need to do more to tackle these deaths and injuries on our roads cannot be overstated. The last Labour Government cut road fatalities by almost 50% while in office, but there has been only an 8% reduction since 2010.

The Bill comes to us in a vastly improved state from the other place, thanks to pressure from my Labour colleagues there. As a result of their efforts, the Bill explicitly targets a safety standard for autonomous vehicles equivalent to or higher than a careful and competent human driver, as it rightly should. The statement of safety principles that the Secretary of State must make following the passage of the Bill will now also be subject to proper parliamentary scrutiny. That is important progress, and we are grateful for the Government accepting those important amendments.

[Grahame Morris]

We are addressing important safety and regulation issues, but does my hon. Friend share my concerns about potential job losses? Almost a million people are employed in the logistics sector, including drivers, delivery drivers and so on. I know the Bill is not concerned with alternative employment, but I see the effects of deindustrialisation in my area. Does she share my concerns about the potential job losses if this legislation is not done in a sensible way?

[Louise Haigh]

It is typical of my hon. Friend to raise such an important and pertinent point. I will come to it shortly in my speech.

It is a shame that much of the important work still to do on this safety regime will be set out further down the line, rather than being debated today in the Chamber. We will look closely at the detail when it comes to see how the standard is defined in practice, and I welcome any insight from the Government today to reassure colleagues on that. For instance, what level of fault will be allowed for an autonomous vehicle compared with a standard practical driving test, if any at all?

This technology does not just offer potential road safety benefits. It is estimated that disabled people in the UK take around 38% fewer trips than non-disabled people. Automated vehicles could help address that gap by unlocking a world of opportunity for those who cannot or struggle to drive and for those held back from that opportunity by the inaccessibility of too much of our public transport network. Securing those benefits will mean ensuring that access to these vehicles is not limited just to the extremely wealthy, and that the interests of disabled people, who are currently five times more likely to be injured by a vehicle than non-disabled pedestrians, are at the heart of the development of these technologies from the very start. I would welcome the Secretary of State setting out how he will ensure that disabled people and disability-led groups will be properly consulted as these vehicles are introduced to our roads.

Automated Vehicles Bill [ Lords ] (Second sitting)

Grahame Morris Excerpts

Committee stage
Tuesday 19th March 2024 Public Bill Committees

[Anthony Browne]

As I said, this was discussed at considerable length by the Scottish Law Commission and the Law Commission of England and Wales. They thought that understanding of user-in-charge mode and immunity would be very difficult to get across to the public if the rules varied as they drove around Great Britain. The Government agree that it is good to have consistency on these rules. The interaction on devolved matters is incidental and very limited. It is only about immunity for the user-in-charge mode; it does not apply to anything else, such as the volume of alcohol in someone’s blood as they drive across the border. We think it would create confusion and that would be detrimental to all.

Ultimately, we absolutely respect devolution. We do not support the amendments, because we think they would cause confusion and detriment, but I am very happy to meet both the hon. Member for Paisley and Renfrewshire North—I said that on Second Reading; unfortunately, we did not manage to arrange a meeting before Committee stage—and the Cabinet Secretary for Transport so that we can work out a way forward.

[Grahame Morris (Easington) (Lab)]

It is a pleasure to serve under your chairmanship, Sir George. I wonder if the Minister can clarify something, because it is not just on the Opposition side of the Committee that there are concerns about the use of delegated powers by the Secretary of State. Indeed, the Delegated Powers and Regulatory Reform Committee produced a report that identified clause 50 as an example of a Henry VIII power, so is it unreasonable to seek an assurance from the Minister? I served on the High Speed Rail (Crewe - Manchester) Bill Committee with Mr Vickers, who chaired this morning’s sitting, and we regularly sought assurances or undertakings. There is a difference. A statutory undertaking would probably be in the Bill about a particular action, but the Minister gave an assurance to my colleague the hon. Member for Paisley and Renfrewshire North earlier that there would be the necessary consultations with the devolved Administrations. In what circumstances would these powers be used in the event that there was no agreement about a particular measure in relation to the user in charge?

[Anthony Browne]

On the first part of the hon. Gentleman’s question, the reason for these powers is that there are thousands of different traffic offences, and they are all designed for cars with a human driver who is responsible. In moving to user-in-charge mode, we are making sure that the user in charge has immunity of some form, because it is the software that is in control of the car, not them. If we did not do it this way, we would have to change thousands of pieces of legislation. That simply would not be possible, and it would not be possible to go ahead with user-in-charge-mode immunity.

[Grahame Morris]

I am grateful to the Minister for giving way again; it is important to clarify this. That seems absolutely reasonable, but why can he and his Department not have these discussions with their counterparts in the Scottish Parliament, the Welsh Assembly and the Northern Ireland Executive in advance? Why does the measure have to be imposed as a Henry VIII power and then subsequently consulted on? That is not consultation, is it? I do not know what to call it. It is an—

[Gavin Newlands]

An imposition.

[Grahame Morris]

An imposition—thank you.

[Anthony Browne]

As I said at the beginning, we think the question of the user-in-charge immunity—and this is all it is about—is a reserved matter under the Scotland Act 1998. That is our position and our legal advice— I have been through this with lawyers a few times. We respect devolution and do not want to create any changes to the balance there. The hon. Member for Easington asked why we had not talked to the Scottish Government, but we have. Officials have had lots of talks, I have had exchanges of letters, and I have already given a commitment that I am very happy to meet the Cabinet Secretary for Transport to go through this in more detail.

--- Later in debate ---

[Anthony Browne]

I am sorry we have not managed to get that meeting in. We will get it in the diary.

[Grahame Morris]

Is that an assurance or an undertaking?

[Anthony Browne]

It is definitely an undertaking. I will not bore the Committee with my diary details, but take it as read that we will get that in.

I am absolutely not asking the Committee to just trust me and the Government, or whoever is in my or the Secretary of State’s position in the future, but it is clear from the clause that the power is reserved purely to the user-in-charge immunity, which is part of this Bill and, as a result, we think is a reserved matter.

As I said—I am just repeating myself—I am very happy to meet the hon. Member for Paisley and Renfrewshire North and the Cabinet Secretary for Transport to look for a way forward, but we do not support the amendments as they stand.

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[Anthony Browne]

I will mention the role of the investigators before commenting on the amendment. Clause 60 introduces the concept of investigation of incidents by statutory inspectors, which will allow for the creation of independent capability to investigate incidents involving authorised automated vehicles. The clause requires the Secretary of State to appoint at least one person to be an inspector of automated vehicle incidents. Clause 61 then states that the role of those inspectors is

“identifying, improving understanding of, and reducing the risks of harm arising from the use of”

self-driving vehicles in Great Britain.

Like the existing UK transport investigation branches for air and maritime, the inspectors will conduct safety investigations into incidents involving at least one authorised self-driving vehicle. It will not be their role to apportion blame or liability; instead, they will draw on all the available evidence to publish reports and recommendations that ultimately improve the safety of self-driving vehicles, in line with recommendation 32 of the Law Commission’s report. I stress that their role is analogous to those in other sectors such as air and maritime.

That brings me to amendment 15. I should say at the outset that we are very committed to ensuring maximum accessibility for different user groups—that is part of the reason for introducing this legislation to start with. Many of the points that need to be made are in clause 82, to which the Opposition have tabled an amendment. I will address those questions in more detail when we come on to that clause.

I recognise the importance of accessibility, but I do not believe that the amendment is necessary, or that this is the right place to ensure greater accessibility. While inspectors will identify the causes of incidents, which could include issues around the accessibility of the vehicle, it is not their purpose to replace vehicle safety inspections or to ensure that vehicle safety is in line with accessibility requirements. Safety investigation is a long-standing practice, both in the UK and internationally, and under no circumstances would we wish to break precedent by adding to an inspector’s role in such a way.

[Grahame Morris]

I seek clarification on a couple of issues in support of my hon. Friend the Member for Wakefield. I am not sure whether the Minister gave us this assurance in his remarks, so can he confirm whether the inspectorate will in due course become part of the road safety investigation branch that the Government committed to setting up in June 2022, when the Law Commission first looked into this, to prevent future incidents and make our roads safer?

Clearly, this is an evolving technology; this morning, the hon. Member for Copeland mentioned advanced driver assistance systems such as adaptive cruise control, lane-changing features and parking assist, which assist the driver but do not enable the vehicle to drive itself. Those features are in effect earlier versions of this evolving technology, which we believe will lead to autonomous self-driving vehicles. While those ADAS features are not automated, it is essential, in any investigation following an accident, that potential pitfalls—I can think of a number, particularly in parking—are identified at an early stage, in case it is a software or system failure that could be corrected. Can the Minister tell the Committee whether the inspectorate will look at accidents involving advanced driver assistance systems, as well as self-driving vehicles, at this stage?

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[Grahame Morris]

I want to reinforce those points to the Minister. He is a reasonable person and I am sure he gets this, given that we have raised the issues of access and the rights of people with disabilities on several occasions now.

I remind the Minister—I am sure he remembers—that the Guide Dogs for the Blind Association ran a successful campaign to contact many MPs about the value of talking buses. I did an exercise in which I wore a blindfold. It is incredible—I thought I knew the route, but I struggled without that aid. There are other examples. We should not overlook the need to ensure that people with sight loss are catered for in the provisions on this new and exciting technology.

[Anthony Browne]

Before I address the amendment, I will set out a bit of background. The existing law on taxi, private hire and public service vehicle licensing is predicated on having a professional driver in the vehicle, which makes the application of the current licensing laws to automated passenger services complex and uncertain. Recognising this uncertainty, the Law Commissions recommended the creation of an alternative, bespoke permitting system for passenger services.

Holders of valid automated passenger service permits will, then, not be subject to existing taxi, private hire and public service vehicle law when operating within the terms of their permit. Permits will be issued by the appropriate national authorities: the Secretary of State in England and relevant Ministers in devolved Administrations. The Bill therefore provides broad flexibility over the terms of passenger permits to ensure that we can respond appropriately.

That brings me to the hon. Member for Wakefield’s amendment. The permit system already allows us to mandate that such information be provided to users in accessible formats. That power is already there and we have already committed—I know the hon. Gentleman will come to this in a moment—to having an advisory council of accessibility and disabled groups for public service vehicles and taxis. Crucially, as permit conditions can be specific to the service in question, the existing system operates in a way that is more flexible than the approach proposed in the amendment. For example, the provision for bus-like services could be very different from that for taxi-like services. We want to retain that flexibility.

The amendment is not necessary because the power is already there. We already have a consultation on an advisory board for disabled and accessibility groups. Part of the reason for the legislation is that it improves accessibility for a whole range of different user groups, and we are committed to doing that.

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[Simon Lightwood]

New clause 2, tabled in my name and that of my hon. Friend the Member for Sefton Central, sets out that the accessible format of AVs being used as public transport will be set out in regulations. That would bring AVs in line with section 17 of the Bus Services Act 2017. It is similar to amendment 10 but has a wider scope. The requirement to consult with Welsh and Scottish Ministers would increase the transparency of the regulations to allow for proper scrutiny.

As I mentioned in the previous debate, we do not know what this technology is going to be used for or exactly how it is going to develop. We need to ensure that it will be accessible to disabled people no matter what the use case. Again, as I mentioned when speaking to amendment 10, disabled people are mentioned only in clause 87. That makes the Bill nowhere near clear or detailed enough.

For people with sight loss who use passenger services, both identifying and reaching a vehicle at the start of a journey and leaving it and making their way to a destination at the end of a journey can be difficult, even with a human driver to assist. It is important to reiterate that, as with amendment 10, there needs to be a clear and consistent standard for AVs when they are used as public transport, to make their location clear to passengers with sight loss when they make a pick-up—for example, with an audible signal. They should also be equipped to provide clear directions to get a passenger from a vehicle to their destination. During the journey there may be instances when a passenger needs to give further input to the automated driving system or remote operator. For instance, if a vehicle is delayed or diverted, a passenger may be asked whether they wish to continue their journey or stop at an alternative destination. The information must be presented in an accessible format that does not require the visual cues of a map or sight of the situation outside a vehicle to respond to.

As I mentioned when speaking to amendment 10, the UK currently has a 38% accessibility transport gap, which means that disabled people as defined under the Equality Act 2010 take 38% fewer trips than those without disabilities. That is linked to the point about disability groups being embedded in the process and consulted from the start, not only in respect of the statement of safety principles but throughout the Bill’s implementation and the establishment of an advisory council.

[Grahame Morris]

I rise to speak to clause 85 and new clause 2. My understanding of the explanatory notes in respect of clause 85 is that automated passenger services that resemble a taxi would have to obtain a relevant local taxi licence. I hope that that is correct.

[Anthony Browne]

indicated assent.

[Grahame Morris]

I agree with that; I do not have a problem with it. However, one of the issues raised this morning, which the Minister indicated was outside the scope of the Bill but in hand, related to licensing schemes for non-road vehicles such as delivery robots. I believe they operate in the Minister’s local area, and they certainly operate in Milton Keynes. They are very popular, but we are talking about people with disabilities. As the robots are more widely deployed, there is a risk of them causing obstruction or injury if the Government do not address the issue. I know that is outside the scope of the Bill, but I want to flag it, because it is one of the issues that disability groups including the Royal National Institute of Blind People have raised with us.

There are several different scenarios in relation to new clause 2 in which autonomous vehicles can be used—from operating similarly to a taxi, which is what clause 85 is about, to operating a shared service such as a bus. In both cases, information concerning delays or diversions, when the passengers may wish to continue journeys or stop at alternative destinations, must be presented in an accessible format. On that, I support my hon. Friend the Member for Wakefield, who made precisely the same points.

Normally there are a number of assessments with the explanatory notes. Has there been a disability impact assessment of the Bill’s implications? Have I missed that? Is this another occasion on which the Minister might indulge the Committee with an undertaking or an assurance that the issues relating to providing information to passengers, particularly those with disabilities and sight impairment, have not been forgotten by Government? Does he agree that people with disabilities should not be disadvantaged or excluded from this exciting new technology?

[Anthony Browne]

I reiterate what I said earlier: accessibility is incredibly important. That is the whole point of this legislation and why it contains clause 87. We already have the Disabled Persons Transport Advisory Committee, which we consult on these matters. We have agreed to set up an accessibility panel of groups for automated passenger services. We have already met some disability groups—Guide Dogs UK was consulted by the Law Commission during the development of the legislation—so groups representing disabled people have been and will continue to be heavily involved.

Our concern is to ensure that we do not create a system that is too rigid, with inappropriate requirements that do not actually work in the best interests of people with accessibility needs. As the hon. Member for Wakefield said, we do not know quite how the commercial offerings will evolve, which is why we need to ensure that we are flexible. That is why the Law Commission stated explicitly that our focus at this stage should be on gathering evidence and facilitating learning.

Clause 87 requires that the accessibility needs of older and disabled passengers must be considered before a permit is issued by the permitting authorities. It also requires that specific consideration be given to whether the service is likely to improve the understanding of how to meet the needs of older and disabled users. Permit holders are then required to publish reports on the steps taken to provide accessible services. All this information will feed back into permit conditions, allowing us to set the right accessibility requirements in the right context for the benefit of learning from real-world use cases.

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[Anthony Browne]

One of the Bill’s provisions is about the digitisation of traffic regulation orders. I will not speak to that power, other than to say that the Bill gives the power to the Secretary of State to do that in England. Consultation with Ministers in the Welsh Government has confirmed that they would like similar powers. These minor amendments grant Welsh Ministers those powers. The amendments are entirely uncontroversial.

Amendment 2 agreed to.

Amendments made: 3, in clause 93, page 67, line 17, at end insert—

“(1A) The Welsh Ministers may by regulations make provision requiring a traffic regulation authority to provide prescribed information about a relevant traffic regulation measure for an area in Wales.”.

This amendment extends the power in clause 93 to the Welsh Ministers in relation to traffic regulation measures in Wales.

Amendment 4, in clause 93, page 67, line 20, leave out

“for an area in England”.

This amendment is consequential on Amendment 3.

Amendment 5, in clause 93, page 67, line 34, leave out “Secretary of State” and insert “person making them”.—(Anthony Browne.)

This amendment is consequential on Amendment 3.

Question proposed, That the clause, as amended, stand part of the Bill.

[Grahame Morris]

My understanding is that the clause empowers the Secretary of State to require traffic regulation authorities to digitise traffic regulation orders and notices. The Minister explained this morning why that was so important, and it is set out in the supporting documentation. It is obviously vital for automated vehicles to be able to follow traffic rules, but this measure will have much wider benefits—for sat navs, for example, and for the ability of highway authorities to manage the signage and markings essential for communicating the regulations, such as temporary lane closures, road markings and changes to existing regulations.

Could the Minister explain one aspect? We discussed it just after lunch. The provision will not extend to Scotland and Wales, so how will it work when automated vehicles drive across the border? Can he guarantee that drivers will be informed, by some method, of the most up-to-date traffic regulations, so that they do not inadvertently break the law?

[Anthony Browne]

The legislation gives power to the Secretary of State to require the digitisation; the exact method of digitisation will be through a digital platform that the Department for Transport is currently building. I think we would all agree with the hon. Member that it should be as widely available as possible, to bring maximum benefits to all types of road users, not just self-driving cars. I believe the Government have spoken about that before. The amendments we just agreed extend the powers to Wales. I can write to the hon. Member about the situation in Scotland.

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[Anthony Browne]

I am really glad that the hon. Member for Paisley and Renfrewshire North was joking about his daughter’s birthday, because I would hate to be a source of big disappointment on her birthday. I know how important 14th birthdays are. He made an interesting point. How come, in all the Bill Committees that he has been to, people agree about what they want but disagree on the actual amendments? We want as much accessibility as possible for self-driving cars as well—we share that ambition—and we want as much safety as well, but we have our own ways that we have worked out are the best ways to get that. That is what we stick to. We make amendments when we think there is something that is genuinely better.

As a newish Member to this House, I make another observation. I have only been here while my party has been in government. It has struck me how many Opposition amendments basically tell the Government what to do. I understand that that comes from a frustration that they are not in government. That can change at elections—hopefully it will not, but that does happen. If you want to tell the Government what to do, you need to win an election.

[Grahame Morris]

I am trying to be helpful and would just remind the Minister that this is not a unique problem. In 2012, the then Health Secretary, Andrew Lansley, paused the Government’s Health and Social Care Bill and rejected all the Labour and Opposition amendments in the Public Bill Committee, on which I served, and then brought back 1,000 amendments to his own Bill, many of which were Opposition amendments recycled. I am not suggesting that we should pause this Bill, but there is always the opportunity on Report to incorporate some of the suggestions that have been made.

[The Chair]

I am very grateful that the Minister did not table 1,000 amendments!

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[Anthony Browne]

This is a complex and technical issue. As part of my extended engagement, I mentioned earlier that I have a roundtable coming up with the insurance industry about AVs and electric vehicles. I will happily write to the shadow Minister afterwards to clarify these points in black and white, and whether there are any issues resulting from that.

[Grahame Morris]

rose—

[The Chair]

Order. The hon. Gentleman cannot intervene on an intervention. Bill Esterson is speaking.

[Bill Esterson]

I think my hon. Friend the Member for Easington wishes to intervene.

[Grahame Morris]

I was wondering about scenarios that the Minister could seek some clarification on in his roundtable meeting next week. It is my understanding that if an uninsured driver driving a conventional vehicle was in a collision with another conventional vehicle, the Motor Insurers’ Bureau would be tasked by the Government to make the payout in respect of the uninsured driver. What would happen if an uninsured driver—I am directing this question to my hon. Friend, of course—was in a collision with an automated vehicle? Is that something the Minister might be able to answer?

[Bill Esterson]

I am grateful to my hon. Friend for raising that because the Motor Insurers’ Bureau raised exactly that concern with me. I would love the Minister to answer it.

Automated Vehicles Bill [ Lords ] (First sitting)

Grahame Morris Excerpts

Committee stage
Tuesday 19th March 2024 Public Bill Committees

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

It is pleasure to serve with you in the Chair, Mr Vickers. I thought it would be helpful for the Committee to start with some good news. The SNP and Scottish Government are generally supportive of the Bill and I will not seek to detain the Committee over the course of however many days we debate it with superfluous speeches, reading out explanatory notes and so on, until we get to clause 50, which I will get my teeth into—I am sure the Minister will be aware of that. However, I reserve the right to intervene in support of any of Labour’s amendments, which I am doing now, or indeed when I think the Minister is talking cobblers, which hopefully he will not be doing.

That is the good news. With that, I very much look forward to the Minister’s answer about what actually is acceptably safe.

[Grahame Morris (Easington) (Lab)]

I rise to ask a short question to the Minister and to support my Front-Bench colleague, my hon. Friend the Member for Sefton Central.

I have the pleasure and privilege of serving on the Transport Committee, along with the hon. Member for Paisley and Renfrewshire North. To reinforce the point that my hon. Friend made, there is broad, cross-party support for the concept, but the widely held assumption that self-driving vehicles will prove safer than human drivers is not a given.

Having looked at the whole issue in some detail, the Select Committee produced an excellent report, which I recommend to members of this Committee. It was published on 15 September last year, and one of its conclusions is:

“Optimistic predictions are often based on widespread self-driving vehicle usage that is decades away, or assertions about human error that ignore other risks”—

for example, changing weather conditions. It continued:

“Safety must remain the Government’s overriding priority as self-driving vehicles encounter real-world complexity. Given this, we question the Government’s proposed ambition that self-driving vehicles must be as safe as a competent and careful human driver.”

The Committee felt that that was

“too weak and too vague”

and called on the Government to

“set a clearer, more stretching threshold.”

I will come back to this in my contribution on clause stand part, but I just wanted to put that to the Minister and to reinforce the points made by the Opposition Front Benchers.

[The Parliamentary Under-Secretary of State for Transport (Anthony Browne)]

I thank the shadow Minister, the hon. Member for Sefton Central, for his comments at the beginning. I agree that there has been a large amount of cross-party support for the Bill, as was shown on Second Reading, and I appreciate the work done in the House of Lords to strengthen it. When we come to the clauses on which there is agreement, I will try to move as rapidly as possible so that we can spend more time on the clauses to which amendments are proposed.

The shadow Minister set out that the Bill is quite unusual because we are legislating for an industry that does not exist. Things are moving rapidly, but fully self-driving cars may be decades away, as the hon. Member for Easington said. However, we need to prepare for that now and try to think of all the different future scenarios.

Before coming to the amendments, I want to put something on the record about clause 1, because it is fundamental in setting out the concepts underpinning the Bill. It defines what it means for a vehicle to travel autonomously—in other words, without human-controlled monitoring with a view to safety-critical interventions. It establishes that that can be achieved through a vehicle having one or more self-driving features, and that those features can be specific to locations and circumstances. For example, it may have a motorway chauffeur feature that can drive the vehicle only on dual carriageways, or an urban delivery feature that operates in a specific geographic area.

More significantly, the clause introduces the self-driving test—the principle that there is a threshold of safe and legal operation above which the vehicle can be considered legally self-driving. That will be set out in more detail in the statement of safety principles introduced by clause 2, which we will come to shortly. We all share the ambition that automated vehicles should be as safe as possible; that is why in the Lords we inserted the statement that they should be as safe as a “careful and competent” human driver.

Before I deal with the amendments, I want to refer to the points that the hon. Member for Easington made. As I am sure he knows, I have read the Select Committee’s report, which is very good and insightful. Eighty-eight per cent of collisions—we are not meant to say “accidents” —involve some form of human error, whether people are speeding, not paying attention, distracted by the kids in the back, looking at their phone, angry or drunk. Self-driving vehicles do not do that. A careful and competent driver will have a far lower rate of accidents than an average human driver.

[Grahame Morris]

I am familiar with the statistics, and the Minister is absolutely correct, but I think we have to stretch our minds and think of scenarios that a competent human driver can reasonably anticipate. An example would be anticipating the movements of a blind or partially sighted person. We know that a blind person, because it is part of their training, tends to stick to the kerbs and corners. I am not convinced as yet that autonomous vehicles have the algorithms or knowledge to differentiate, so we have to set the bar—the standard—as high as possible.

[Anthony Browne]

I thank the hon. Member for that comment. I think he is right to say that autonomous vehicles at the moment probably cannot distinguish between blind or partially sighted pedestrians and ones who are not, but what we are setting out in the Bill is the statement of safety principles in the abstract, with the ambition that automated vehicles are as safe as a careful and competent driver. What that means will be set out as a result of detailed consultation with—as we now set out in the Bill—road users, road safety groups and the industry. Concerns about whether a self-driving vehicle can interpret whether a pedestrian is blind or not would come in at that level of detail, rather than in the ambition that we have here.

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[Anthony Browne]

Absolutely. Clearly, this is an industry that is developing globally, and we want to be part of that. I think that we all recognise that there are huge economic opportunities here, as well as opportunities for improving road safety. There is a risk that, if we set the standard far too high right at the beginning, the industry will not be able to develop and we will lose out to countries that are more flexible in their approach.

[Grahame Morris]

Will the Minister give way?

[Anthony Browne]

I will, although I am conscious that I need to make headway at some point.

[Grahame Morris]

I am grateful. That is quite an important point about regulation and not banning things, but can we just be cognisant of what has happened recently where we have taken a more laissez-faire attitude, such as in relation to pedicabs or the electric cycles that are littering the pavements?

[Nickie Aiken (Cities of London and Westminster) (Con)]

Hear, hear.

[Grahame Morris]

Nobody wants to ban them completely, but if we had taken a harder line at the outset on the framework in which they operate, many of those problems could have been avoided. That is all that we on the Opposition Benches are saying.

[Anthony Browne]

I thank the hon. Member for his comments, and I appreciate the support that there is in the Committee for the regulation of pedicabs. The problem with pedicabs was that there was no regulation; it was a free-for-all, basically. That is indeed why we are legislating here to create a regulatory framework. It is really quite detailed legislation that builds on at least three years’ work by the Law Commission of England and Wales and by the Scottish Law Commission. I absolutely agree that we need regulation, but it is a question of getting the balance exactly right.

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[Bill Esterson]

I am going to look up the word “ban” a bit later and see whether “euphemism” appears next to it. I am grateful to the hon. Gentleman for clearing that up. As I said in my opening remarks, the Government rightly accepted the phrase “careful and competent” in the Bill in the Lords. It is about putting a clear statement of intent in the regulations on the importance of safety in a so-far undeveloped technology. The comments by my hon. Friend the Member for Easington on the current concerns about where technology has reached were well made. What we want to do is remove the fear, risk and elements of concern.

On the point made by the right hon. Member for North West Cambridgeshire, absolutely, we want to make the most of this technology for economic purposes. The figures from the Society of Motor Manufacturers and Traders demonstrate that there will be something like 300,000 jobs between now and 2040, and £66 billion added to GDP. We very much want to make the most of those opportunities.

I suggest that having strong safety principles and the safest industry in the world is one of the ways in which we achieve exactly that goal. Having credibility, and the reputation for developing technology that is usable anywhere and is very safe, will be part of delivering the economic benefits. The expression, “careful and competent”, is not defined in statute; it is subject only to case law. The phrases “very low risk” and “a high standard of safety” are not defined. I completely accept those points. What is important is that we set out the intention in this legislation for the courts, which may well have to adjudicate at some point. That is why these amendments were important. I have listened to what the Minister said, and at this stage I do not feel that there is merit in pushing the amendments to a vote. However, I hope that he and other Members will take on board the fact that we are trying to set out our intention with as strong an opposition as possible in this framework legislation—yes, for secondary legislation, whenever that comes, but also for the courts, if they have to adjudicate. I will happily not press the two amendments in this group.

[Grahame Morris]

Forgive me, Mr Vickers—are we having the clause stand part debate now? May I contribute to that?

[The Chair]

Yes, you can speak now.

[Grahame Morris]

It is a pleasure to serve under your chairmanship, Mr Vickers. I had the great pleasure of your company on the High Speed Rail (Crewe - Manchester) Bill Committee.

There are a couple of key issues in the Bill, and safety is one of them. Of course, the other major element is insurance liability. I think it is reasonable to discuss that and consider the implications. I do not want to regurgitate the explanatory notes, but clause 1 would establish a self-driving test and make provision for the Government to classify a vehicle with features that meet the test as an autonomous vehicle. The clause states that a vehicle would satisfy the self-driving test if it has at least one feature that would

“allow it to travel autonomously”.

The Minister described some of those features: motorway driving and parking features, and others.

Importantly, to travel autonomously, a vehicle would be required to do so “safely”—

“to an acceptably safe standard”—

and “legally”—

“with an acceptably low risk of committing a traffic infraction.”

The Minister referred to the Law Commissions for England and for Scotland, explained how the definition was arrived at, and cited the 75 recommendations and so on. However, the Opposition and many organisations believe that we must hold autonomous vehicles to the highest level of safety standards because it is important to gain the confidence of the public so that they can feel comfortable interacting with them.

I thank the Transport Committee Clerks and organisers who arranged for a number of Committee members to have a ride in an autonomous vehicle with Wayve yesterday. I have been fortunate to do that on a couple of occasions with the Transport Committee, and there are obvious signs of improvement. However, it is a confidence issue—for safety reasons, there was a driver there who could intervene, and we only did a little circuit from Whitehall over Westminster bridge past St Thomas’s and Lambeth Palace, and back past Parliament Square. Even though there was no intervention from the safety driver, there is the issue of how someone would feel if there was no driver present. It is psychological— one must have the confidence to do that.

I was in an autonomous bus quite recently with the hon. Member for Paisley and Renfrewshire North. It is a confidence issue. One cannot underestimate the public’s willingness to engage with this technology if that confidence is not there. Part of the argument we are making with amendments 19 and 20 is to try to ensure that we have the highest possible level of public confidence and trust.

As I mentioned earlier, the Transport Committee’s findings were published in its report on self-driving vehicles on 15 September. The Committee expressed concern about the assumption that self-driving vehicles will automatically be safer than human drivers. We said that that is not a given. Rigorous safety measures must be an overriding priority for self-driving vehicles as they are faced with the complexities and unpredictable nature of real-world driving.

I draw the Minister’s attention to the definitions of “safety” and “legally” in clause 1(7)(a) and (b), which I have just mentioned. They define “safety” as only

“to an acceptably safe standard”,

while “legally” means

“with an acceptably low risk of committing a traffic infraction.”

The Opposition and many organisations do not believe that those provide adequate protections for drivers, passengers and pedestrians, and they are unlikely to achieve the improvement in road safety that the introduction of AV technology could deliver. I support amendments 19 and 20, tabled by my hon. Friend the Member for Sefton Central and Labour spokespeople, which propose to

“leave out ‘an acceptably safe standard’ and insert ‘a high standard of safety’”,

as well as

“leave out ‘an acceptably’ and insert ‘a very’”,

when referring to the low level of a traffic infraction. I would like to add that that is a position supported by Cycling UK, as stated in the written evidence submitted to the Committee.

While we accept that self-driving vehicles could potentially reduce casualties—we learned yesterday and in previous examples that the traffic management systems do not allow those vehicles to speed, so there would be less speeding than with human drivers—there are others factors to consider. During the Transport Committee inquiry which led to the “Self-driving vehicles” report, Becky Guy from the Royal Society for the Prevention of Accidents told us that, while many collisions involve human error, there were often other contributory factors. That was a view shared by the Parliamentary Advisory Council for Transport Safety, which said that accidents attributable to humans are often caused by poor road and vehicle design and difficult driving conditions, such as rapidly changing weather conditions. Therefore, we cannot rely on the omittance of human error to improve the safety of our roads. We must hold AVs to a high standard of safety with a very low risk of committing a traffic infraction by supporting amendments 19 and 20. Without those amendments, there is a risk that the safety standards for AVs will not be strong enough.

[Anthony Browne]

As I set out in my response to the hon. Member for Sefton Central, when he was making the case for the amendments, there is not a sufficient appreciation of the word, “acceptable”. I know that in English it can sound a bit vague, but it means what is acceptable for the public and Parliament as expressed through the statement of safety principles. I completely agree with the point made by the hon. Member for Easington that we need to bring the public with us and it is about confidence—absolutely.

[Anthony Browne]

I agree that technologies are evolving all over the place in lots of different modes of transport, and we are at the beginning of a revolution. I think that self-driving cars are probably a different order of magnitude.

[Grahame Morris]

That is driver assistance.

[Anthony Browne]

Yes, as the hon. Member for Easington said, that is slightly different, but the technologies are related. Self-driving cars are of a different order of consideration because there is literally no human there and the cars may travel at speed, so we absolutely have to ensure that they are as safe as possible.

--- Later in debate ---

[Bill Esterson]

We now come to the statement of safety principles. We have tabled three amendments in this group to strengthen the support that we anticipate will be beneficial when secondary legislation is introduced, and to give confidence not just to the courts, but to consumers and investors so that they can make the most of the economic opportunity. This is a similar point to the one we made in the debate on clause 1.

The Government described similar amendments tabled in the Lords as “ambiguous”—they said that the amendments to clause 1 were open to interpretation. I simply make the point that they were content to accept the change to “careful and competent” despite the fact that that is not set out in statute, so why strengthen safety in that way but not in this one?

These amendments have the backing of Cycling UK, which my hon. Friend the Member for Easington mentioned, and for similar reasons. Cycling UK says that we need

“a step-change in road safety”,

not just a marginal improvement. It continues:

“a slight improvement in overall road safety could actually mask a worsening in safety for pedestrians, cycle users and other non-motorised road users, providing this is offset…by an improvement in safety for motor vehicle occupants. We do not believe this is acceptable.”

I agree that there has to be an improvement for all road users. A similar point applies to all four amendments in this group.

We need the definition to avoid reliance on the ambiguity to which the Government themselves refer. We are trying to strengthen the definition with these amendments. Amendment 18, which requires the publication of a definition of “careful and competent human drivers” to address exactly that concern about the lack of precedent and the reliance on case law, has the support not just of the groups that I have mentioned but of the Road Safety Foundation and the SMMT, the industry body.

“Careful and competent” was first used in the Road Traffic Act 1988, but it was not defined. Currently, it can be judged only against case law, so at this stage we want to tighten up these areas, not because we want to make things more difficult, but because we are trying to anticipate as far as possible what is to come, and we want to create the strongest possible framework as we finalise the primary legislation. I look forward to the Minister’s response on these matters, and I commend the four amendments that I tabled with my hon. Friend the Member for Wakefield.

[Grahame Morris]

I want to support my hon. Friend the Member for Sefton Central. As the Minister alluded to in a previous debate, clause 2 requires the Secretary of State to lay a statement of safety principles before Parliament, having consulted the relevant autonomous vehicle manufacturers, road users and safety groups first.

I recognise that the principles will be developed following the passage of the Bill, as the Minister said, but it is apparent that clear direction is needed for those principles in the primary legislation. It is also important that the safety principles are subject to frequent review—I think the Minister said that will happen—and consultation as the technology and roll-out of AVs is expanded over the coming years. The statement of safety principles must be clear, rigorous and informed by the needs of all road users and pedestrians, especially disabled people.

[Gavin Newlands]

I thank my friend from the Transport Committee for giving way. On that point, was he as concerned as I was in the debate on the previous clause when the Minister said that we do not want to make the safety regulations over-onerous at the outset of the industry in case we allow it to take off elsewhere rather than the UK? That is a bit of a warning sign for me.

[Grahame Morris]

I am inclined to agree, and I think it is a bit of a red herring as well. Language is important. I know the Minister said that “acceptable” has a legal meaning according to the Law Commission, but the point I was trying to make in the previous debate is that this is all about public confidence and perception, and what is acceptable to you, Mr Vickers, may not be acceptable to someone else.

We have to ensure that standards are as high as possible. It is certainly not anyone’s intention on the Opposition side to put off investment or scare it away; the potential is enormous. What we are trying to do is ensure that the legislative framework is not so prescriptive that it has a negative effect, but that it sets a standard that can be emulated by the rest of the world. I know we will come back to standards, European comparators and so on, so I will press on.

Clause (2)(2)(a) establishes a safety ambition that self-driving vehicles should be expected to

“achieve a level of safety equivalent to, or higher than, that of careful and competent human drivers”.

We heard that in the debate on clause 1. In my view, that safety ambition lacks clarity, and I ask that we clarify the meaning of a careful and competent driver in the Bill. “Careful and competent” is difficult to adjudicate, and the comparison should be made with a driver who is supported by existing assisted systems, fitted as standard to new vehicles. The assessment of automated vehicle safety must take into consideration all road users and how they will interact when engaging with AVs, especially if they operate in ways that would be considered unconventional when compared with a human driver.

I do not know whether you have been following some of the international events, Mr Vickers, such as the AV trials in Australia. The computer programming and the autonomous control systems are programmed to anticipate various scenarios, including how a pedestrian or another road user, such as a cyclist, will react. What defeated the trial in Australia was the unpredictable nature of kangaroos crossing the highway, because they do not cross in a straight line, but zig-zag and bounce about, which caused all manner of problems with the response of the AVs. We have to anticipate scenarios such as that and set the standards and framework accordingly.

The safety ambition needs to take into consideration both incident frequency and incident severity when assessing safety performance. There needs to be a clearly defined capability and operational constraint for systems, to ensure that users understand their roles and responsibilities when using or owning an automated vehicle. That is especially important in evolving technologies where there are transitions between the automated driving systems and the user in charge—the hon. Member for Copeland mentioned driver assistance systems—but also as new technologies develop and users are increasingly removed from the driving task.

We must also consider disabled people. Autonomous vehicle systems must be developed with an understanding of pedestrians with sight loss and their needs, which may differ from those of sighted people. As I mentioned earlier, people with sight loss will move around the built environment differently and use building lines, kerbs and tactile pavements for navigation. The increasing number of non-standard road layouts could present challenges to automated vehicles in inaccessible environments such as shared spaces and roadway. Floating bus stops, for example, may cause all sorts of problems, being away from the pavement across a cycle lane.

The movement of pedestrians with sight loss may prove especially difficult for autonomous vehicles to predict. That is why I, like various groups representing people with disabilities, including the Guide Dogs for the Blind Association and the Royal National Institute of Blind People, believe that the consultation process on the safety principles must be strengthened. As this is a recent technology that could develop in different ways, it is sensible to review the principles in the medium term to determine their effectiveness. I think the Minister has indicated that he is going to do that.

Amendment 21 stipulates that the principles must set out the assessment of the safety impact of AVs on different types of road users in different types of locations where the vehicle is travelling, which would be a reasoned improvement to the Bill. I am disappointed that Lords amendment 28, which was tabled by the noble Lord Liddle and would have created an advisory council, was defeated by the Government. It is disappointing that the Government did not accept that amendment as the Government proposals in amendment 5 really do not go far enough, even though they do ensure some level of consultation. I will leave it at that.

[Anthony Browne]

I thank the hon. Members for Sefton Central and for Easington for their contributions.

Clause 2 does indeed relate to the statement of safety principles. I do not know whether the hon. Member for Easington was suggesting that we include in primary legislation a requirement for kangaroo-detection technologies in cars. I have not been to Easington recently, so I do not know how many kangaroos they have there. I jest; the hon. Gentleman made a lot of very sensible points, although they are not for this stage of the process but for the statement of safety principles. The level of detail he was talking about will come at that stage. As I have said before, and as is in the legislation, we will consult with road user groups and road safety groups. We have already done so, and we committed to them to carry on that process.

I want to make it clear that we think the amendments are unnecessary because they are, in effect, already in the legislation. We share the ambition completely: autonomous vehicles should obviously be safer for all road users, and particularly for vulnerable road users, including partially sighted pedestrians, cyclists, equestrians and so on. However, that is actually already clear in the legislation. As with the highway code, references to road safety already legally apply to all road users, including the groups that I mentioned. The Government have already committed in the policy scoping notes that the statement of safety principles should be fair and equal and apply to all road users so that some are not advantaged at the expense of others. We have already committed to that.

--- Later in debate ---

[Bill Esterson]

I welcome the support for and analysis of the amendments from my hon. Friend the Member for Easington. I wondered whether we were missing something about kangaroos in Easington.

[Grahame Morris]

They have wallabies in Derbyshire.

[Bill Esterson]

I am glad he has now clarified that. He is right that we have to anticipate perhaps not kangaroos but—

[Grahame Morris]

People who are inebriated, for example.

[Bill Esterson]

He is giving me other examples from a sedentary position. He is right to raise the concern.

The Minister said that the points are accepted by the Government, which I welcome, but if they are accepted, why are they not in the Bill? However, he has said that in Committee, so that will have to be sufficient for now.

I will come back to what he said about the definition of “careful and competent”. Given that we have case law and that the definition was first used in 1988 in the Road Traffic Act, as he says, I would think it possible to have a definition now against which future secondary legislation and decision making in the event of road traffic incidents could be judged. I do not understand why he has not made that clearer. As a result, I will not press amendments 21, 11 or 22 to a vote, but will test the opinion of the Committee on amendment 18. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment proposed: 18, in clause 2, page 2, line 20, at end insert—

“(2A) The statement must include the Government’s intended definition of ‘careful and competent human drivers’.”—(Bill Esterson.)

This amendment would require the Government to publish a definition of “careful and competent human drivers” as part of the statement of safety principles.

Question put, That the amendment be made.

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[Bill Esterson]

With this series of amendments we are keen to probe the consultation on the development of the statement of safety principles. It is a very important part of the legislation and I am pleased that the Government accepted the principle of publishing the statement of safety principles at the outset. However, the technology will continue to evolve, so it seems clear that the statement of safety principles should be subject to review and public consultation at a decent interval. Our amendments are designed to ensure that there is a sensible, five-year timeframe for each of the reviews by Parliament and that the work is carried on in the public domain. The Government have said that that will happen informally, but we believe it important to have it confirmed in the legislation so that there is a guarantee.

The Government say they anticipate consulting a wider group than those they have previously mentioned. They said publicly in the House of Lords that that group will include members of the public, academia, trade unions and other representative bodies. We would like commitments on all those points, to which we will return with some of our other amendments. The Minister in the Lords said that

“it remains the case that this is a particularly uncertain policy area with a rapidly developing industry”—[Official Report, House of Lords, 10 January 2024; Vol. 835, c. 81.]

Does that not highlight the need for ongoing consultation, parliamentary scrutiny and an ongoing review of the statement of safety principles? Putting that on the face of the Bill is the way to guarantee that it happens.

[Grahame Morris]

I rise to speak in support of the amendment. May I ask questions of the Minister, and back up the arguments of my hon. Friend the Member for Sefton Central, my colleague on the Opposition Front Bench? We are talking about safety principles. In an earlier debate he mentioned the advisory committee. I know we are not debating them yet, but I have been looking at some of the new clauses. It has been suggested that on the advisory council there are: representatives from consumer groups; organisations representing drivers; road safety experts; relevant businesses, such as automobile manufacturers; vehicle insurance providers, because that is a key issue; providers of delivery and public transport services; the trade unions, because it is possible that many individuals will be displaced or that there are issues around deployment; the police and other emergency services; highway authorities, because there is the issue of the digitalisation of the data for autonomous vehicles; groups representing people with disabilities; and groups representing other road users, such as cyclists and pedestrians.

If the safety principles are to operate, it is important that we get this right. The Minister has said that it is a moveable feast, and that the Government will set the ambition but the standards would be amended—presumably improved—as time goes on. I do not want to sound like a broken record, but when the Transport Committee was looking at that aspect of the proposals we received evidence from a number of witnesses, including the motor manufacturers.

David Wong from the Society of Motor Manufacturers and Traders had concerns, when looking at safety principles, about the definition of “competent and careful”. Many organisations are not confident that that is precise enough. David Wong stressed that his organisation agreed with the terms and the ambition. Professor Siddartha Khastgir from the University of Warwick said it would be difficult to translate the

“abstract concept into something that can be implemented by engineering”.

A number of the witnesses that the Committee heard thought that the Government’s ambition was too lax, and that a more stretching target should be set. That is quite interesting. We were talking about perception, and Ed Houghton from DG Cities told the Committee that when researching public attitudes to self-driving vehicles, he asked participants, “How much safer does it need to be for you to want to use autonomous vehicles over the long term?” People said that it needed to be twice as safe, or 10 times as safe, for them to use it. That is the level of expectation that consumers have, and we should recognise it. It has to be the best that it can be before they will be able to trust it and buy into it.

Safety has to be at the heart of the Bill if the public are to trust the technology and enable the UK to become a world leader in AV technology.

[Anthony Browne]

Clause 2 relates to the statement of safety principles, which we have previously discussed. I will not go over that again, other than to reiterate that a lot of the issues that are being discussed now and in the various roundtables that we have had with road safety groups and so on are valid issues, but they are issues that need to be addressed as we get into the detail of the statement of safety principles.

On amendments 12 and 13 about consultation, we have already committed to consulting with road users, road safety groups, and businesses in the industry. The statement of safety principles will be subject to public consultation. We fully expect that the wide-ranging views of the public, businesses, academia and other representative bodies will be able to feed into that consultation.

[Grahame Morris]

Can the Minister give some clarification on the composition of the advisory committee, or is that still a matter that the Government are considering?

[Anthony Browne]

We have committed within the legislation to consult with road users, road safety groups and businesses in the industry—and others will be able to feed in. We did not want to be more specific about exactly which groups, because they change over time; they merge, they close down, and new ones open up. We did not want to bind our hands and say that it must be exactly those groups, but they are broad, representative groups.

We are in full agreement that we have to take the public with us. It would be wrong for the Government to proceed in a way that did not bring road safety groups with us. The ambition here is to make roads safer. It is in the Bill that AV should be safer than the average human driver and will improve road safety. That is the whole point of the legislation.

--- Later in debate ---

[Grahame Morris]

Could the Minister give a little more clarification on the composition of the advisory committee? Will highways authorities be represented? I know the Minister said that over time more organisations would be involved, but given that the digitalisation of the information will be key and there are issues about that, it would seem sensible to have them represented on the committee.

[Anthony Browne]

I am happy to give a commitment that I will consult with highways authorities, but we are not going to move beyond road user groups, road safety groups and businesses in the industry as the statutory consultees, with the full expectation that the full range of groups that are interested in this issue will be able to have input. As I have said, the statement of safety principles will be subject to public consultation.

The hon. Gentleman mentions highways authorities. The Department for Transport talks at every level almost every single day with highways authorities about almost every single issue. They are well versed in all this. This will be subject to public consultation, so I am not sure what amendments 12 and 13 would add.

On amendment 14, I have said that I would be amazed if a future Government did not review this, because the technology is changing. It is highly unlikely that we will get this right first time and that it will never be changed, but I do not think it is right to bind the hands of a future Government on the timing of the review, and the need to conduct one every five years. We might find that there are lots of problems earlier on and want to review things beforehand, or that everything is going amazingly well in five or 10 years—if we complete the review every five years—and everyone is very happy with it, and then we would be doing a formal review of something that everyone was happy with. It is far better not to bind the hands of future Governments.

There is also a requirement within the legislation for a duty of monitoring by the Secretary of State on the application of the statement of safety principles. That will be published every year.

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[Simon Lightwood]

It is a pleasure to serve under your chairmanship, Mr Vickers. Amendment 25 seeks clarity on whether the authorisation of pavement robot vehicles can be within the scope of the Bill, and ensures that the safety of other road users is not negatively affected.

The amendment questions whether the Bill includes regulation for delivery robots. It is an opportunity for colleagues to consider whether we have thought about how the framework might be different from that for the automated vehicle framework and how it would be the same. This could well be a key missed opportunity in the Bill, and investment could be taken elsewhere if we lose out on economic gains because of the grey areas and lack of clarity. Pavement use is a grey area because the robots contain motors and a pavement is legally defined as part of the road. This question is within the Bill’s scope, yet clearly the regulation of vehicles that primarily use the pavement must be different from the regulation for those that use roads.

Pavement robots need clear regulation—for example, to ensure that they do not negatively affect disabled people, or that they are regulated only on pavements that are wide enough. Asda and Wayve have an ongoing trial of delivery services, and Starship already serves communities in Milton Keynes, Northamptonshire, Bedfordshire and West Yorkshire—in fact, I have visited a site in the Wakefield constituency. The DFT plans to conduct research on pavement use, but if primary legislation is needed to enact what comes from the findings the issue may remain unresolved for years, meaning that the UK will continue to fall behind other nations and lose critical investment opportunities.

As I have seen in my Wakefield constituency, there is a lot of potential in the principle of delivery robots. They deal with the final mile from where the lorry drops off its load to when the parcel gets to the individual dwelling. I find them particularly good for people in my constituency who are socially isolated. Using electric robots for that last mile rather than diesel vans, as often happens currently, has the potential to make a big contribution to our net zero commitments.

Starship has called for the regulation of the sector, because the lack of regulation has the potential to impact on investment decisions. In fact, Leeds City Council and Cambridge City Council did a survey that showed between 75% and 93% approval of the service provided by Starship Technologies. Between the Lords Minister and the Commons Minister there seem to be some crossed wires as to whether robot delivery vehicles are within the Bill’s scope, so some clarity on that would be good.

Amendments 17 and 16 and new clause 4 aim to improve transparency on the impact of AVs, to ensure that the public are properly informed and to increase Parliamentary scrutiny. Amendment 17 would mean that the sellers of automated vehicles might be required to demonstrate how each of the automated features were engaged and disengaged. That is critical in terms of transparency. Amendment 16 would require authorised self-driving entities to publish an equality impact assessment to assess the impact on other road users—including, crucially, disabled people.

New clause 4 would require the Secretary of State to commission a study on the transition period in respect of users in charge, to be laid before Parliament. The insurance company AXA has said that there is still debate over how long it would take for a user in charge not only to take back control but to understand their surroundings, fully re-engage with the driving task and react safely to an obstacle that the self-driving vehicle was incapable of dealing with.

Overall, the amendments and new clause 4 would provide greater transparency and reassurance to consumers, which I am sure Members will agree is crucial, and nowhere more so than in respect of the safety of AVs for all road users. In chapter 5.7 of its report, the Law Commission states that equality impact assessments must be published, but there is no reference to such assessments anywhere in the Bill. There is, then, a need for clarity on transition demands. The policy scoping notes, and the Minister on the Floor of the House, committed to equity of impacts, so why is that not on the face of the Bill, given that the Minister knows how important it is? I look forward to the Minister’s response.

[Grahame Morris]

I want to make a few points in support of my Front-Bench colleague, my hon. Friend the Member for Wakefield. As he rightly said, clause 3 would enable the Government to authorise a vehicle as an automated vehicle if it met the self-driving test and if other authorisation requirements were met. That is both a safety and an insurance issue, so it is fundamental to what the Bill is intended to achieve.

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[Anthony Browne]

I will write to the shadow Minister.

On amendment 17, the hon. Member for Wakefield mentioned the requirement for sellers of self-driving vehicles to demonstrate features to prospective buyers. The legislation includes requirements to communicate with end users. There is a requirement on ASDEs—I do not think that we have mentioned authorised self-driving entities yet. ASDEs are authorised to sell the technology for self-driving cars, and they will be required to communicate with end users.

There are multiple troubles with requiring someone selling a vehicle to demonstrate to the person buying it. One issue is that the person buying a vehicle will often not be the person using it, and what matters is the demonstration to the user. Imagine someone buying a vehicle on behalf of a car club, for example, or a private sale: someone selling their car might not be qualified to give demonstrations of the technology to someone else. It is far more appropriate for the ASDE, whose technology it is, to do that. As I said, the Bill already requires ASDEs to communicate with end users about how the technology works. That covers this issue. Amendment 17 would have too many unintended consequences.

[Grahame Morris]

I am grateful to the Minister for giving way; he is being generous. If the ASDE in North America, say, is doing the sale and the updates remotely, will the legislation still be binding and apply to it and its liabilities? I am thinking of the insurance risk.

[Anthony Browne]

It absolutely would. To be authorised, the ASDE is required to be competent and financially sound. Clearly, the legislation needs to be binding on the ASDE wherever it is, or we could not regulate or authorise it.

New clause 4 is about transition demands, as we call them, although I do not think the hon. Member for Wakefield used that term in the new clause. It is important to get the right timing for transition demands. The Bill already requires a robust approach to ensuring that the user in charge—the transition demand relates to the user-in-charge feature; it goes back to them taking control from the self-driving feature—can respond safely to a transition demand and that they are aware of their responsibilities. As the hon. Member mentioned, we are already doing research on this fast-moving area, but ultimately what transition demand is appropriate depends on the use case: it might be different for someone driving on the motorway compared with someone doing some urban driving or operating a taxi or delivery vehicle.

How the transition demand works should be set out in the authorisation of the ASDE. Again, we are getting more and more data on the matter, and research is being done. It needs to be flexible because it depends on the individual case, so I do not think there is a need to set out in law that there should be research on it. Essentially, the new clause is unnecessary.

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[Anthony Browne]

We are making such fantastic progress; I thought I ought to speak on some of the clauses, for the record.

Clause 24 is about the duty of candour requirement on regulated bodies, such as the ASDEs and the no-user-in-charge operators, to provide accurate information to Government. The issue is particularly important because it has been raised with me in many different environments and has been a concern in other jurisdictions. If we are to get the technology right, it is essential that we learn from the process. However, that can happen only if the companies in the industry are completely open with the Government and investigators with the information they have. If they see anything going wrong, they should be completely frank and open about it. That has not always happened in other countries and it has caused problems.

The duty of candour is not new—there are similar things in the pharmaceutical industry—but it is incredibly important that the companies developing the new technology know the expectations on them to be completely open and frank with the public. That is the only way we will have improvements and advance the technology.

[Grahame Morris]

This is an important part of the Bill. Is the Minister in a position to share with us the discussions with the insurance industry? It is a key issue that, if a vehicle is autonomous and is being driven in autonomous mode, the liability presumably rests not with the passenger or the driver but with the provider—the manufacturer and the software provider. The Transport Committee met a number of industry representatives, who flagged to us the difficulty of quantifying the risk, as well as the need for candour in identifying whether the issue is systems failure or driver error because the driver intervened with the system. Is the Minister in a position to enlighten us?

[Anthony Browne]

The hon. Gentleman makes a valid point; indeed, I have met representatives of the insurance industry about it. There are two points about the Bill that are relevant. One is that it creates the powers to set up independent investigators. Whenever there is an incident or a collision, they will investigate what the cause was and what the lessons to be learned from it are. That is a really important process in terms of improving the technology and ensuring that things that go wrong do not happen again.

The hon. Gentleman made a valid point on insurance. If there is an accident, the insurance industry first needs to know if the vehicle was in self-driving mode and who is liable. Is it the ASDE or the driver? Secondly, it needs to know what actually went wrong. There are therefore provisions in the Bill to require the regulated entities—the ASDE or the no-user-in-charge operator—to provide data to third parties such as insurance companies. Obviously, we protect the data privacy of individuals, and nothing in this legislation changes the data protection rules. However, the point is absolutely valid: we need to ensure that the data is available to investigators and insurance companies.

Question put and agreed to.

Clause 24 accordingly ordered to stand part of the Bill.

Clauses 25 to 27 ordered to stand part of the Bill.

Clause 28

Warrants for entry, search and seizure

Question proposed, That the clause stand part of the Bill.

[Anthony Browne]

I will make a brief point about the clauses, because they will be a source of concern for many people. It is therefore good to put on the record that the clauses give the investigators and authorities powers not just to do thorough investigations of data, as we just talked about, but to enter and search premises to take away materials and so on. We must ensure that we have full powers to really understand what has gone wrong, if and when something goes wrong, so these clauses ensure that the investigators have all the powers they could possibly need to do that.

[Grahame Morris]

The vital point was made on Second Reading that there should be proper investigations —I am sure the insurance industry would be vociferous about this—where the owner or operator of a vehicle has carried out modifications or not maintained the vehicle adequately—it may be tyre wear or brake pad removal. Even though it is an autonomous vehicle and is not being driven by a human driver, the human owner has responsibility for maintaining it in a roadworthy condition. Presumably, if that was the cause of the accident, the investigators would be able to determine that and apportion blame and liability.

[Anthony Browne]

Again, the hon. Gentleman makes a lot of very valid points based on his time on the Transport Committee. Cars that have the no-user-in-charge feature must have a licensed operator, and the form and details of the licence will depend on exactly how the vehicle operates and its use case. For a fleet of taxis of the type that Waymo has in America, the NUICO—the no-user-in-charge operator—will be responsible for the maintenance of the vehicles, including the tyre wear and the brake pads, and for ensuring they have not been tampered with.

If it is an individual driver with their own car—this is a long, long way down the line, and I do not think anyone expects this to happen in the next few years—it might be reasonable to expect them to be responsible for the tyre wear and the maintenance. If they make any modifications that nullify the action of the self-driving feature, they would have liability for that. We would not expect the no-user-in-charge operator to be responsible for the day-to-day maintenance of the car, but they would be responsible if something goes wrong when the vehicle is in no-user-in-charge mode.

Question put and agreed to.

Clause 28 accordingly ordered to stand part of the Bill.

Clauses 29 to 37 ordered to stand part of the Bill.

Schedule 1 agreed to.

Clause 38

General monitoring duty

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[Gavin Newlands]

It is safe to say, Mr Vickers, that I was not expecting us to get to clause 50—[Laughter.] Luckily, I have a speech that I prepared earlier. The Cabinet Secretary for Transport in the Scottish Government and the operations manager of Transport Scotland are giving evidence on this very issue in the Scottish Parliament this morning. If I can pad this out until 11.25 am, I will be able to bring some quotes to the Committee before we leave our deliberations on the amendments and clause 50.

I rise to speak to amendments 9, 7 and 8 in my name and those of my colleagues in Plaid Cymru. As I mentioned on Second Reading and briefly at the start of the sitting —it is very unusual for me or anyone else from the SNP to stand up during the deliberations on any Bill to say this—the devolved Administrations have for the most part worked happily with the UK Government on getting this Bill right for everyone across these isles, in line with the co-operative working between the Scottish Law Commission and the Law Commission of England and Wales over the past couple of years. So it is disappointing, to say the least, that the UK Government appear to have ditched that view when drafting clause 50.

The devolved powers that are properly the preserve of the Scottish Parliament are quite clear, yet this clause would unilaterally overturn that settled state and instead place the Scottish Parliament and Government under the auspices of the Secretary of State for Transport and his or her colleagues. Since devolution and the reconvening of the Scottish Parliament in 1999, it has been agreed among all parties that consent is required from Holyrood when the UK Government seek to legislate in devolved areas.

[Grahame Morris]

This is an interesting point. There are a number of Bills whose provisions apply only to England or to England and Wales, and I have always thought there was an anomaly in terms of territorial extent and application. If someone is driving an autonomous vehicle, it seems slightly bizarre to have a different regulatory regime if they go over the border into Scotland or Wales. However, the hon. Gentleman is absolutely right, and on page 12 of the explanatory notes I have highlighted in green the part that says:

“There is a convention that Westminster will not normally legislate with regard to matters that are within the legislative competence of the Scottish Parliament, Senedd Cymru or the Northern Ireland Assembly without the consent of the legislature concerned.”

I am interested to hear the hon. Gentleman say that there has not been that consultation.

[Gavin Newlands]

I am grateful for the hon. Gentleman’s intervention. Of course, if there is any diversion between the regulations, the Scottish regulations will be better than any brought forward by DFT. I joke, but the Scottish Government—and presumably the Welsh Senedd—have been in discussions about this for a long time. In fact, the issues the Scottish Government have with clause 50 were recognised by the UK Government themselves. I say that not just because of the facts the hon. Gentleman pointed out in the explanatory notes, but because the Government themselves have said that clause 50 will require legislative consent. This is not the Scottish Government being uppity; the UK Government themselves have said that legislative consent would be required, but they have now ditched that approach and seek to implement clause 50 without seeking any legislative consent from the Scottish Parliament.

What has happened says so much about the Government’s approach to devolution in recent years and completely overturns that principle of devolution. Either we have devolution or we do not—it is not for the Government to pick and choose which parts of legislation devolution is applied to. Devolution should apply in those areas that are not listed in the Scotland Act 1998. It is simple as that, yet the Government seem to want to change the rules and move the goalposts at will to stymie devolution at almost every turn. They snatch power from a democratically elected Parliament and Government and give it to a Minister of the UK Government, who it is fair to say currently have zero mandate in Scotland. That may change come a future election, but at this point this Government have no real mandate in Scotland, and yet they seek to override the will of the elected Parliament of Scotland.

The amendments in my name and those of Plaid Cymru colleagues would remedy that democratic deficit by placing a statutory obligation on the Secretary of State to obtain consent from the Scottish Parliament and/or the Senedd before legislating in areas that are not properly theirs to legislate in. The Scottish Government have made it clear throughout the consultation and drafting process that working across borders on issues such as this—as alluded to by the hon. Member for Easington, who serves with me on the Transport Committee—is undoubtedly good sense, benefiting the automated vehicle sector and ultimately all consumers across these isles.

[Grahame Morris]

The hon. Gentleman’s contribution is completely valid. I am slightly perplexed by this issue, so I will be interested in what the Minister has to say about the Government’s consultations with the Scottish Parliament, the Welsh Senedd and the Northern Ireland Assembly, for that matter. For the system to work, we need to bear in mind the key point about digitalising traffic regulation orders. What will happen? People will drive from England into Scotland and vice versa, but the Bill gives the Secretary of State the power to make regulations to require traffic regulation orders to be provided by traffic regulation authorities—