New Clause 1 - Advisory Council

Automated Vehicles Bill [Lords] – in a Public Bill Committee at 3:00 pm on 19 March 2024.

Alert me about debates like this

“(1) Within six months of the passing of this Act the Secretary of State must establish a council to advise on the implementation of this Act and on the introduction of automated vehicles.

(2) The Advisory Council must consist of members appearing to the Secretary of State to represent—

(a) the interests of road users, including drivers, pedestrians and cyclists;

(b) the cause of road safety;

(c) the study of road safety;

(d) the cause of accessibility, and the impact of the introduction of automated vehicles on disabled people;

(e) trade unions, including Scottish and Welsh trade union representatives;

(f) the interests of relevant employees including delivery providers, those involved or likely to be involved in the manufacture of automated vehicles, emergency service workers, and public transport workers;

(g) businesses involved, or likely to be involved in, the manufacture, operation and insurance of automated vehicles;

(h) the emergency services, including Scottish and Welsh emergency services;

(i) highway authorities, including Scottish and Welsh highway authorities; and

(j) any other issues, causes or organisations as the Secretary of State sees fit.

(3) The Advisory Council must include nominated representatives of the Scottish Government and the Welsh Government.

(4) The Secretary of State must designate a relevant officer of the Department to send reports to the Advisory Council on the introduction of automated vehicles and any issues of public policy that arise.

(5) The Advisory Council must report regularly to—

(a) Parliament,

(b) the Scottish Parliament,

(c) Senedd Cymru

on the advice it has provided to the Secretary of State, and on any other related matters relevant to the roll out of automated vehicles and associated public policy.”—

This new clause would require the Government to establish an advisory council, made up of specified representatives, on the implementation of this Act and on the introduction of automated vehicles.

Brought up, and read the First time.

Photo of Gavin Newlands Gavin Newlands Shadow SNP Spokesperson (Transport)

I beg to move, That the clause be read a Second time.

Photo of George Howarth George Howarth Labour, Knowsley

With this it will be convenient to consider new clause 3—Establishment of an Advisory Council

“(1) The Secretary of State must, within six months of the passing of this Act, establish a council to advise on the implementation of this Act, with a focus on learning lessons from any accidents involving automated vehicles.

(2) The Advisory Council must include representatives from—

(a) consumer groups;

(b) organisations representing drivers;

(c) road safety experts;

(d) relevant businesses such as automobile manufacturers, vehicle insurance providers and providers of delivery and public transport services;

(e) trade unions;

(f) the police and other emergency services;

(g) highway authorities;

(h) groups representing people with disabilities; and

(i) groups representing other road users, including pedestrians and cyclists.

(3) The Secretary of State must designate a relevant officer of the Department to send reports to the Advisory Council on the roll out of self driving vehicles and any issues of public policy that arise.

(4) The Advisory Council must report regularly to Parliament on the advice it has provided, and any related matters relevant to the roll out of self driving vehicles and associated public policy.”

Photo of Gavin Newlands Gavin Newlands Shadow SNP Spokesperson (Transport)

Thank goodness I am prepared, because never in my wildest dreams did I think that we would get on to new clauses today. I rise to speak to new clause 1. I should say that it is my daughter’s birthday today. She said, “Daddy, all I want for my birthday is for you to get the Government to accept your new clause in Committee.” How could they refuse? This is the Minister’s last chance to do that for me. To be honest, she is 14 and has not called me daddy for about a decade; she will kill me for saying that just now. But this is the last chance. I never understand it when Ministers agree wholeheartedly with an amendment then refuse to accept it. I mean no offence to the current Minister—I have sat on God knows how many Bill Committees over the years, and I do not understand why that happens in every Bill Committee I have ever sat on.

I return to new clause 1 before you call me to order, Sir George. I pay tribute to Lord Liddle for moving a version of the new clause in the House of Lords on Report. I equally support new clause 3, which is obviously very similar and which the Labour Front Bencher will speak to in a moment. The only real difference between the two new clauses is that there is no real reference to the devolved institutions in the Labour version, but there is in ours. However, I will certainly support new clause 3 if it goes to a vote.

Our new clause seeks to maintain a broad principle, enshrining an advisory council in statute while expanding the range of organisations to be included in the council to the devolved Administrations and ensuring that Scottish and Welsh trade unions and emergency services are part of it as well.

As has been mentioned a number of times, and as I said on Second Reading, the changes that could be unleashed by the large-scale deployment of automated vehicles are immense. Entire industries and sectors stand to be completely transformed, perhaps not in the short term but certainly in the medium and long term. Logistics and haulage, personal transport, public transport, personal delivery services—the list is almost endless. Automated vehicles may well be a massively positive force for good in society, improving safety and quality of life for us all.

However, there will be a potentially difficult transition period for many in our society, and we need to take a much more proactive approach to that. Those employed in those industries are undoubtedly best placed to analyse and comment on how new technologies will impact on their jobs and their sector. They need to be involved in the process from the start, because they are involved in the sectors now. Too often in the past, innovation and scientific progress have been shorthand for workers being dumped on the scrapheap by the million, with no collective working to shape the future of their industries. That cannot be allowed to happen with automated vehicles and the changes that they will bring to our society.

If we are serious about ensuring that the benefits of automation are spread across society, that means giving workers’ representatives a real voice in the future of the technology and how best and most appropriately to deploy it over the coming years. It also means ensuring that every stakeholder is round the table, not at the whim of whichever Minister occupies the hot seat. A right should be outlined in legislation, and new clause 3 and my new clause 1 would do that.

We do not want a situation where developing technology and its regulation are subject to capture by the industry’s vested interests alone. These technologies, if fully rolled out, could completely transform the society we live in today into something virtually unrecognisable, at least in the longer term. We need voices from across the spectrum challenging the Government and policy makers —and also the industry, on the real-world implications of its innovations, not just the wonder of the technology itself.

My new clause would ensure that those voices have a legal right to be heard directly by the Minister, putting across their side of things. In particular, it would ensure that the devolved Administrations and their relevant agencies have that voice too—a voice that unfortunately seems to have been ignored by the UK Government in clause 50.

Photo of Bill Esterson Bill Esterson Shadow Minister (Transport) 3:15, 19 March 2024

I agree with the hon. Member for Paisley and Renfrewshire North—or maybe it was his daughter who I was agreeing with; I was not entirely clear. I wish her a happy 14th birthday.

New clause 3, which I am speaking to, calls for the establishment of an advisory council. A Division on a very similar amendment in the Lords was narrowly lost. I accept the point made by the hon. Member about the benefits of the additional reference to the devolved Administrations in his new clause.

New clause 3 is largely about why this legislation matters so much and why it is so important that through it we are as successful as possible in predicting the impact of the new technology’s evolution. In doing that, it is essential that the benefits are enjoyed by all in society, not just by a few; the hon. Member made that point in passing. When I say all, I mean workers, those with disabilities and older people. We must minimise the risk of liability in the event of incidents that necessitate insurance claims, and we must ensure that safety is delivered as widely as possible. That is why an advisory council would be such a valuable addition to the legislation.

We saw for generations what happened with deindustrialisation in this country. That came at different times across the country, but very many people were affected and continue to be affected—their areas, their communities and their life chances were badly impacted. Prizes to be won through this legislation include avoiding the damage done by deindustrialisation while ensuring that all groups impacted by this exciting new technology benefit from it and that we gain the maximum and widest-possible economic benefits from it. Having an advisory council that has the breadth of experience to give the Government support on all those areas is highly desirable.

In the Lords, the Government said that such a council was not necessary. The Minister has reiterated today that consultation will be important to him, and I do not doubt that, but there are advantages to formalising the set-up of an advisory council so that particular interests do not come to the fore. We want innovation and enterprise; we want to attract the investment that ensures, as the Society of Motor Manufacturers and Traders estimates, the creation of 342,000 jobs—I think I quoted a slightly lower figure earlier—12,250 of which will be in automotive manufacturing. We need to ensure that those jobs are delivered, that we have an upskilled workforce and that new jobs are created, not lost, through this change in industry, to replace the jobs that will go.

We need to ensure that disability groups are embedded from the start. This is an issue across the wider Transport brief. We said on Second Reading that it was regrettable that we had not seen a transport Bill to address some of these wider points. With this new clause, we have an opportunity to address some of the challenges in what is an exciting and potentially significant development over the coming years.

The stakeholders all make the point that wider statutory engagement is desirable. The TUC states that job transition is its primary concern, and that embedding the principle of creating good new jobs is really important at this stage, before we know exactly how the technology will develop. Having that principle in the Bill is very important.

Much of the detail will come out in secondary legislation, so ensuring that the trade unions have a seat at the table and a voice from the start is really important. The point about disability and accessibility is made by Guide Dogs. The point about transport more widely is made by Transport for All.

I hope that the Minister will give this point the attention it deserves in his response. He and his colleagues have noted how the technology is developing and will continue to change. I put it to him that there is no reason to limit the consultation with the trade unions or the other groups that are set out in our new clause 3, and indeed in SNP new clause 1. The Minister says he is keen to engage with the trade unions and is looking forward to an early meeting. A very good way of showing his intent would be to agree to new clause 3 this afternoon.

Nine sub-groups are listed in subsection (2) of new clause 3—consumer groups; organisations representing drivers; road safety experts; relevant businesses; vehicle insurance providers and providers of delivery and public transport services; trade unions; the police and other emergency services; highway authorities; groups representing people with disabilities; and groups representing other road users, including pedestrians and cyclists. Which of those nine sub-groups would the Minister want to leave out of consultation? If he agrees that all of them should be included, why not put it in the Bill? Why not set up an advisory council as part of primary legislation?

Photo of Anthony Browne Anthony Browne Parliamentary Under-Secretary (Department for Transport)

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.

Photo of Grahame Morris Grahame Morris Labour, Easington

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.

Photo of George Howarth George Howarth Labour, Knowsley

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

Photo of Anthony Browne Anthony Browne Parliamentary Under-Secretary (Department for Transport)

There is always an opportunity. Andrew Lansley is a good friend of mine, and my predecessor as MP for South Cambridgeshire.

I agree with the hon. Member for Paisley and Renfrewshire North in the ambition as regards consultation. It is unbelievably important that we consult with all affected stakeholders. We talked earlier about the importance of bringing the public with us. Naturally, there are concerns and scepticism about this, and lots of people are wondering how this new, unknown and evolving technology will affect them, their safety and so on. It is therefore important that we consult as much as possible. That is why we have been consulting endlessly. The Law Commission, in three years’ work, consulted an incredibly wide group of people, including many of those from unions and disabled groups that have already been mentioned. I and the Secretary of State have also had quite a few roundtables and engagement with a wide group of people, including some disability groups and road user groups already.

I was just counting the number of different routes we have for engagement. I have a list and I am afraid I will go through it. First, the Centre for Connected and Autonomous Vehicles, which is the Government entity that is driving this agenda and the Bill, has an expert advisory panel with a wide range of experts that have been feeding into it. In the legislation, we have committed on the statement of safety principles to consult road users, road safety groups and industry. We have also agreed to have an advisory panel on accessibility as we develop the standards on accessibility for passenger services and taxi services.

We already have a statutory consultation body, the Disabled Persons Transport Advisory Committee, which will be involved with consultation on the matter, with a particular view to accessibility and disabled groups. In the legislation, we have the general monitoring duty, so once a year the Secretary of State will now have a legal requirement to publish a report on how the statement of safety principles has been rolled out, its impact and how it is all going. Also, just to make sure we are learning lessons, we are setting up the incident investigation capacity to learn the lessons from every incident.

I have counted at least six different ways in which we are engaging and learning lessons from this as we go forward. That is on top of all the informal consultation, and a lot of the statutory instruments that come out of this will involve consultations over the next two years. There will be many different public consultations and opportunities to put into this. Indeed, my fear is that there will be death by consultation, in that people will get fed up with the number of consultations that are part of this.

I completely understand the desire of the Opposition parties to set up, on top of that, another statutory advisory council, but given all the consultation that we have done, are doing and will do as we go through this, we do not think it adds much to the sum of knowledge that we have on the subject. Coming back to the hon. Member for Paisley and Renfrewshire North, it is important that we share the ambition of engagement, but we think we have a lot already and the amendments do not add anything.

Photo of Gavin Newlands Gavin Newlands Shadow SNP Spokesperson (Transport)

Given that it is half-past 3 on the first day of the Committee, to take up some more time I will press new clause 1 to a vote. In all seriousness, we should press new clause 1 to a vote. Whether colleagues want to press new clause 3 is entirely up to them, but the issue will certainly come through on Report.

Question put, That the clause be read a Second time.

Division number 3 Automated Vehicles Bill [Lords] — New Clause 1 - Advisory Council

Aye: 5 MPs

No: 9 MPs

Aye: A-Z by last name

No: A-Z by last name

The Committee divided: Ayes 5, Noes 9.

Question accordingly negatived.