Asked by: Stuart Andrew (Conservative - Daventry)
Question to the Department for Science, Innovation & Technology:
To ask the Secretary of State for Science, Innovation and Technology, what discussions he has had with Cabinet colleagues on the retrospective impact of the implementation of Sections (a) 58, (b) 59 and (c) 61-64 of the Product Security and Telecommunications Infrastructure Act 2022 and if he will list the limited retrospective effects identified by his Department.
Answered by Chris Bryant - Minister of State (Department for Culture, Media and Sport)
The principle of collective responsibility requires that the privacy of ministerial discussions at cabinet and its committees be maintained. It is a long standing precedent that details of these proceedings are not disclosed publicly.
Sections 58 and 59 introduced limited retrospective rights to upgrade and share apparatus situated under land in specific circumstances. Sections 61 – 64 may have limited retrospective effect once in force: potentially affecting the terms on which affected agreements are renewed on expiry, but not directly altering the terms of any existing agreements. A consultation on draft regulations to commence sections 61-64 is open until 2 July.
Asked by: Stuart Andrew (Conservative - Daventry)
Question to the Department for Science, Innovation & Technology:
To ask the Secretary of State for Science, Innovation and Technology, what steps he is taking to manage the potential impact of the Telecommunications Infrastructure Act 2022 on future trends in litigation on telecommunications infrastructure installation.
Answered by Chris Bryant - Minister of State (Department for Culture, Media and Sport)
The Product Security and Telecommunications Infrastructure Act 2022 (“the 2022 Act”) introduced specific measures affecting applications to the courts on telecoms matters. These included a requirement for operators to inform landowners of the availability of alternative dispute resolution and to consider using it before issuing legal proceedings. This is intended to reduce costs and litigation.
DSIT is working with counterparts in the Ministry of Justice to understand the impacts of the changes made by the 2022 Act, including measures to transfer the jurisdiction for cases currently dealt with by the county court to the First-tier Tribunal or the Upper Tribunal.