7. Legislative Consent Motion on the Automated Vehicles Bill

– in the Senedd at 5:55 pm on 23 April 2024.

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Photo of David Rees David Rees Labour 5:55, 23 April 2024

(Translated)

Item 7 this afternoon is a legislative consent motion on the Automated Vehicles Bill. I call on the Cabinet Secretary for North Wales and Transport to move the motion—Ken Skates.

(Translated)

Motion NDM8541 Ken Skates

To propose that the Senedd, in accordance with Standing Order 29.6 agrees that provisions in the Automated Vehicles Bill, in so far as they fall within the legislative competence of the Senedd, should be considered by the UK Parliament.

(Translated)

Motion moved.

Photo of Ken Skates Ken Skates Labour 5:56, 23 April 2024

Thank you for this opportunity to explain the background to this LCM on the Automated Vehicles Bill. As the UK Government has noted in bringing forward this Bill, automated vehicles are fast approaching commercialisation in markets around the world, and by 2035, 40 per cent of new cars in the UK could have self-driving capabilities. Grocery deliveries and passenger services look likely to be operating in self-driving vehicles within a similar time frame, so the law needs to be ready for these significant advances in transport technology. So, I welcome this Bill, which implements the recommendations of the four-year review of regulation for automated vehicles, carried out jointly by the Law Commission of England and Wales and the Scottish Law Commission. It will set the legal framework for the safe deployment of self-driving vehicles in Great Britain. Broadly, the Bill does this by creating an authorisation regime for automated vehicles for use on roads, regulating bodies responsible for the automated features and operation of authorised automated vehicles, and by introducing an enforcement regime and creating a permitting system for automated passenger vehicles. 

Since the introduction of the Bill, the Welsh Government has been working with the UK Government to examine whether the legislative proposals are appropriate for Welsh circumstances. We have concluded that they are. We recognise the need to facilitate the safe and efficient deployment of self-driving vehicles. In our view, the interconnected nature of transport systems in Wales and England and the combination of reserved and devolved matters involved mean that it is most effective and appropriate for provision for both to be taken forward at the same time, in the same legislative instrument. As the technology is advancing rapidly in this area, we want to make sure that the legislative framework keeps pace and is fully aligned across the UK.

We've been able to secure important amendments to the Bill that reflect the responsibilities of the Welsh Ministers, and ensure we have the equivalent powers to those of UK Ministers where appropriate. I'm grateful to the UK Government for working with us on this. I'm also grateful to the Climate Change, Environment and Infrastructure Committee and the Legislation, Justice and Constitution Committee for their scrutiny of our work in relation to this Bill. I'd like to reassure the LJC committee that I do not ask lightly for consent for the UK Parliament to legislate in devolved areas, but in these circumstances, I think this is the right way to legislate. We sought to provide information in a timely fashion to facilitate scrutiny within the constraints of Westminster and Whitehall timescales and processes. I ask Members to support this LCM. 

Photo of David Rees David Rees Labour 5:58, 23 April 2024

(Translated)

I call on the Chair of the Legislation, Justice and Constitution Committee, Sarah Murphy.

Photo of Sarah Murphy Sarah Murphy Labour

Diolch, Dirprwy Lywydd. My committee has reported on each of the legislative consent memoranda laid by the Welsh Government on the Automated Vehicles Bill, our final report being laid yesterday afternoon in respect of a third memorandum, which was laid just over two weeks ago. I will begin by confirming that my committee considers that the provisions of the Bill as set out in all three memoranda fall within a purpose within the legislative competence of the Senedd, as described in Standing Order 29, and therefore require the consent of the Senedd.

Deputy Presiding Officer, my contribution to this debate this afternoon will focus on two areas: delegated powers in the Bill, and the Welsh Government's approach to legislating in this area. First, as mentioned by the Cabinet Secretary, the Bill contains new regulation-making powers for the Welsh Ministers, and the delegation of additional powers to the Executive is always a significant matter. Given that this is a Bill passing through a different Parliament, meaning different elected Members are approving this delegation, it is important that it is highlighted here today.

Secondly, and finally, Dirprwy Lywydd, in the committee's first report, an opportunity was taken to explore with the Welsh Government the interaction between this Bill and the Welsh Government's own proposals for new taxi and private hire vehicle legislation. As mentioned by the Cabinet Secretary, the committee was aware that in its 2022 joint report on automated vehicles, the Law Commission of England and Wales, and the Scottish Law Commission, recommended that a new automated vehicles Act should be introduced, and that the UK, Scottish and Welsh Governments should work together to introduce a uniform scheme.

The committee thought it useful to ask the Welsh Government to clarify when it decided to use the Bill for the provisions that require consent and how this decision relates to its own proposed legislation. This was asked to help understand the Welsh Government's overall approach to using UK Bills to make provision in devolved areas. The response provided by the then Deputy Minister for Climate Change is highlighted in our second report, and the committee was told that the provisions in the Bill that require Senedd consent were not requested by the Welsh Government, and rather they were drafted at the behest of the UK Government. The previous Deputy Minister also said that the provisions are not within the scope of the Welsh Government's planned legislation and, therefore, have no impact upon it.

In our third and final report, we noted that the Welsh Government has been proactively seeking changes to several clauses in the Bill since its introduction. And while the committee has long-standing concerns with the democratic deficit emerging as a result of Bills in the UK Parliament making provision for Wales in devolved areas, the constructive inter-governmental working on this Bill is very welcome. Diolch.

Photo of Natasha Asghar Natasha Asghar Conservative 6:01, 23 April 2024

I'm grateful for the opportunity to speak briefly on this LCM this afternoon. As this technology develops at a rapid speed, we are expecting to see a 40 per cent increase of new cars in the UK having self-driving capabilities by 2035. It's anticipated that, by 2025, we'll start to see self-driving vehicles improve the way goods are moved around the country. Speaking as someone who is both an avid motorist and a huge fan of tech, this is something that really excites me, and it's great to see the UK Government is leading the way in this area.

With 88 per cent of road collisions having human error as a contributing factor, self-driving vehicles could help cut deaths and injuries on our roads. This new technology will also, undoubtedly, make travelling more convenient and accessible, particularly for the elderly, those with disabilities and mobility problems. With this advancement in technology, it's paramount that safety requirements are put in place, and that's exactly what this Bill aims to do. It will ultimately deliver one of the most effective and advanced legal frameworks for self-driving vehicles with safety at its centre. According to the UK Government, it will also set the safety threshold for legal self-driving, establish an in-use regulatory scheme to monitor the ongoing safety of these vehicles, and ensure clear liability for the user. Not only that, but this Bill will also go a long way in cementing the UK's position as a global leader in this high-tech and high-growth industry, which will create up to 38,000 jobs.

I welcome the alignment between the Welsh Government and the UK Government over this Bill, however I do have a question for the Cabinet Secretary. I'd be keen to know to what extent the Welsh Government has been engaging with the wider parameters of this Bill and if the Welsh Government has been exploring ways to make sure Wales is also at the forefront of this technology. Like I said, these are really exciting times, and this Bill is an important step when it comes to rolling out this innovative technology, going forward. Thank you.

Photo of David Rees David Rees Labour 6:03, 23 April 2024

(Translated)

I call on the Cabinet Secretary to reply.

Photo of Ken Skates Ken Skates Labour

I'd like to thank both Members for contributing to this debate. I remain of the view that we should provide legislative consent for this Bill, and I ask Members, therefore, to agree to this LCM.

Photo of David Rees David Rees Labour

(Translated)

The proposal is to agree the motion. Does any Member object? [Objection.] Yes, there are objections. We will, therefore, defer voting under this item until voting time.

And that brings us to voting time. Unless three Members wish for the bell to be rung, I will move immediately to voting time.

(Translated)

Voting deferred until voting time.

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