Chris Elmore
MP for Bridgend · Labour · United Kingdom
“This Government fully recognise that China poses a series of threats to UK national security, from cyber-attacks, foreign interference and espionage targeting our domestic institutions to the transnational repression of Hongkongers.”
“Let me be clear: any attempt by a foreign state to coerce, intimidate, harass or harm individuals on UK soil will never be tolerated, but the hon. Lady knows as well as I do that there is a live investigation by the Metropolitan police. Members of this House should respect the fact that the Metropolitan police are investigating.”
“My hon. Friend is absolutely right to raise this issue, and I was pleased to confirm to the House back in May the £21 million fund over three years to advance LGBTQ rights internationally. This Government will always support the international rights of LGBT people for evermore.”
“My hon. Friend will know that we work across Government to tackle disinformation. Within my portfolio we have increased funding for the BBC World Service, which is the most trusted newscaster across the world. That is a way in which the Foreign Office tackles disinformation.”
“We continue to work internationally. My hon. Friend will know that I am also the Commonwealth Minister, and part of that work involves showing that some of the United Kingdom’s most important relationships are with those countries, whether across Africa or in the Caribbean.”
“To reassure the hon. Gentleman, he knows that I have a personal commitment to working with our freedom of religion or belief envoy, my hon. Friend the Member for North Northumberland (David Smith). He never shies away from the particular point the hon. Gentleman is raising and nor will I as Minister. On the wider point that the hon.”
The complete record
Every one of 600 lines we hold for Chris Elmore, in date order, each linked to its source. Free to read, in full, without an account. Page 11 of 12.
“I beg to move amendment 9, in clause 59, page 41, line 42, after “agreement” insert “other than with a private landlord”. This amendment, together with Amendments 10, 11 and 12, would apply a different regime under the Electronic Communications Code to private landlords, giving automatic upgrade rights for operators to properties owned by private landlords subject to the condition that the upgrading imposes no additional burden on the other party to the agreement.”
“Catherine Colloms, the managing director of Openreach, said in evidence that it is particularly difficult for Openreach and similar organisations to upgrade properties that are owned by private landlords to full fibre. Openreach alone currently has 55,802 multi-dwelling unit premises on hold. Based on this, it is forecast that 1.5 million MDU premises could be unserved by the end of the commercial roll-out.”
“These amendments would apply a different regime to private landlords under the 2017 electronic communications code, giving operators automatic upgrade rights for properties owned by private landlords, subject to the condition that the upgrading imposes no additional burden on the other party to the agreement. When we talk of the digital divide in our telecommunications infrastructure, we often speak of it in terms of a divide between rural and urban areas. Indeed, it is true that a divide exists between rural and urban areas in levels of connectivity, and the Bill has been designed to help reduce the rural-urban connectivity gap, which the Labour party wholeheartedly supports. However, a division also exists within urban areas themselves.”
“According to Openreach and other providers, the figure for premises on hold is going up year after year, and therefore the target will be missed, despite the Government reducing it at least twice since 2019. Question put, That the amendment be made.”
“We cannot simply say that, as we move to more online learning, and more remote working or working from home—business is supportive of that following the pandemic, even if the Government are asking everyone to come back to the office—people now have far greater understanding of their broadband, including its bandwidth, who installed it, who runs it and the costs, than they ever did before the pandemic because everyone needed to use Zoom and Teams; although, personally, there are days when I would rather not use them ever again. I am minded to press the amendment to a Division, for the reasons that I and my hon. Friend set out. I am not hearing from the Minister what the plan is to rectify the problem.”
“It was mentioned in evidence that my Ogmore constituency has only 3% MDUs. If I recall correctly, the hon. Member for Hastings and Rye’s constituency was above 13% or 14%—higher again, she is indicating. The numbers increase depending on the area. How will we solve that problem? Equally, I agree with my hon. Friend the Member for Cardiff West.”
“I have listened to the Minister and the debate that followed her speech. The argument is slightly confused, because in the oral evidence sessions, CityFibre and Openreach were in agreement on the need to address the issue. They were also in agreement on the huge deficit in meeting the Government’s targets because of issues in gaining access to flats and properties through leaseholders and site owners. In answer to the question about the response of tenants or property owners inside the flats, the providers said that it was overwhelmingly positive; they wanted to gain fibre roll-out. As I mentioned in my opening remarks, nearly 56,000 MDU premises are on hold through the roll-out, so what is the plan? What is the solution to deal with the digital divide that is forming in cities and towns across the UK?”
“I beg to move amendment 8, in clause 61, page 45, line 37, at end insert— “(4A) Where the assumptions in subsection (4) cause the market value of a landlord’s agreement to decline, the rent payable under a new tenancy granted by order of the court under this Part of this Act shall not decline by more than 40%.” This amendment would provide a legal guarantee that site providers’ rents fall by no more than 40% under any new agreement.”
“It would also contribute significantly to a faster roll-out of telecommunications infrastructure, as site owners would be more willing to engage. Speeding up the roll-out of new telecommunications infrastructure is the express desire of the Bill. I hope that Members from across the Committee will stand squarely behind their constituents by supporting this amendment.”
“I know that the Minister said at Second Reading that valuations pre 2017 were much too high, but surely she must recognise, after the oral evidence we heard on Tuesday, that the race to the bottom that we are seeing is not sustainable and that the level of reduction in rent that is occurring will deter other landowners from agreeing to host infrastructure in the first place, thus slowing the roll-out that this very legislation is designed to speed up. Rather than leaving reductions to chance, the Opposition have tabled amendment 8, which would enshrine in law that rents under any new agreement fall by no more than 40%. That would strike a much fairer balance between operators and site providers by ensuring that what is a significant income stream for many individuals and community groups is not wiped out overnight.”
“One such case is James, a 71-year-old sheep farmer who has maintained a mast on his farm for 15 years, normally receiving £2,900 a year in rent. In 2020, James received a letter informing him that he was now being offered £200 a year under a new agreement. That was a reduction of 93% and a huge overnight shock to his personal and professional finances. The average reduction for contracts negotiated by Cellnex UK, as Mark Bartlett informed us on Tuesday, has been 63%—a decrease that would cause a huge dent in the finances of all the kinds of organisation I have referred to and a figure well above what the Government promised in 2017. I am sure that members of this Committee would not be best pleased if a significant stream of their income fell by 63%.”
“The Government introduced the electronic communications code in 2017 and promised at the time that reductions in rent would, in reality, be no more than 40%. However, as we heard from Protect and Connect during Tuesday’s evidence session, there have been thousands of cases in which small tenant farmers, sports clubs and community organisations that host masts have seen their rents fall by vastly more than that, with many facing reductions of more than 90%. That was confirmed during the evidence session, when a question was asked about the average, followed by questions from other Members, including me. That clearly showed that there had been far higher reductions for some organisations and owners.”
“I did say in my opening remarks where the 40% comes from. Just to help the Minister, it does relate to the 2017 change, but also the Government’s own analysis from the time. I do of course accept that she was not the Minister, but her party was in government, and those are her own Government’s figures.”
“I have examples in my constituency of community groups that run scout halls or guide huts losing 60%, 70%, 80% or 90% of the income they use to balance their budgets and ensure that they can run services for children and young people throughout the year. The Minister has committed to review even more of the cases that come through for her personal intervention, but I think there should be a minimum threshold of 40%, which the Government committed to previously in their impact assessment, as my hon. Friend the Member for Cardiff West pointed out. I am therefore not minded to withdraw the amendment. I also hope that their lordships will consider it as part of any future scrutiny in the other place. Question put, That the amendment be made.”
“I listened to the Minister’s remarks, and she acknowledges some of the historical cases, but I refer her to this Committee’s first sitting, where I asked Eleanor Griggs of the National Farmers Union about reductions in recent cases. Ms Griggs said that in in recent times, the NFU had made representations in cases in which farmers had received 90% decreases. Later, she referred to a farm in the constituency of the hon. Member for St Austell and Newquay where there was a significant reduction, from £3,500 to £17.50 a year. We have to acknowledge the impact on many organisations, including farmers, churches, and particularly community groups.”
“I want to make clear the Opposition’s support for clause 66. From all my conversations with industry, it is quite clear that where there is an unresponsive landowner, it is extremely complicated to then meet the public’s demands. If the Bill is about improving digital activity for all our constituents, particularly in some of the most rural and hard to reach communities—I find it hard to believe that includes my own constituency, but it does—then this is an important and welcome change.”
“This point also relates to previous clauses, but I think links best to clause 70. The Minister mentioned that the Secretary of State would review dispute resolution at a later date. Throughout the oral evidence sessions, there were calls from the NFU, Protect and Connect and other organisations for the dispute resolution to become compulsory. If resolutions were slowing down, and decisions were not being reached, would the Minister consider introducing, through secondary legislation, a compulsory element, so that we can avoid some of the concerns raised by the witnesses, particularly those representing landowner and club groups and so on?”
“These tower operators make dodgy used car salesman seem like Saints.” We have hundreds and hundreds of those. Churches, for example, are saying that they can no longer keep to their plans for the upkeep of their buildings. Sports clubs say that they will have to ask parents for more, so that their kids can play on the team. The impact of a rent cut from £4,000 to just £350 is devastating for small community groups and small businesses. They feel that nobody is standing up for them or listening. The impact of the new legislation will make that even worse.”
“Q On the 90% to 95% reduction that you mentioned, will you set out some examples of the impact that is having on site owners, churches and community groups? What challenges will they face as a result of these significant reductions? Anna Turley: Absolutely. Someone in Cambridgeshire wrote to us who has two masts on their farm: “I have recently gained Planning Approval for 5 Houses on my land Immediately next to the mast positions. Not only do I appear unable to refuse to renew the Lease…their current offer is derisory at £750 per annum which is less than 10% of the current rent.” Another, in Peterborough, said: “It’s been two and a half years out of lease, they had agreed all the new terms of the lease, just about to sign off. Then all change and they pulled out, and offered £500 per year and not heard anything since.”
“We have no evidence that the money they have saved since 2017 has gone back into building new infrastructure. Everybody wants connectivity. All our members want better connectivity and wi-fi, but the reality is that money is not being invested back into the infrastructure. It is disappearing into the profits, and there is no onus on operators to show where that money is being saved and how it is being used. We would like there to be more reporting requirements on them.”
“That could set a huge precedent for all kinds of things such as wind turbines, and could bring the 2017 changes into effect for thousands of people who previously were not covered. We would also like to see an evidence base; that is one of the most important things. Five years after the changes were brought in, there has been no full impact assessment of the 2017 changes. There is no evidence base, but it was promised, during the passage of the Bill in 2017, that there would be a full assessment by 2022. We have not got a clear enough sense of the impact of those changes. Here we are again, bringing forward new legislation without having a proper evidence base for those 2017 changes. Finally, we would also like more reporting requirements on the operators.”
“Again, that could have a devastating impact on a small community group that is being asked not only to accept huge cuts in their rent, but to backdate their bills. There are issues on the definition of “occupier”, which others will talk about. That could give operators the opportunity to change or modify agreements that were entered into in good faith and still have time to run. We would like more protections for landlords, to protect them against poor behaviour by operators. For example, alternative dispute resolution should be mandatory. There should be the power to impose fines on operators for bad behaviour. We would like a statutory code of practice for them as well. We are also very concerned about changes to the Landlord and Tenant Act 1985. We do not believe the reforms to valuation should be extended to the new legislation.”
“Q In your organisation’s view, how is the imbalance between providers and telecoms companies resolved? How could we improve the Bill? Anna Turley: The first recommendation would be to go back to the Law Commission proposals of 2013. The Law Commission suggested a market-based valuation approach that was closer to the previous approach but still delivered savings to the operators. That was widely accepted as a very positive way forward. If that were taken as the approach to valuation, it would deal with the root causes of the issues and the imbalance brought by the 2017 changes, which essentially gave all the power to the operators. As for the Bill, a number of further changes will damage and affect smaller landlords. For example, the Bill brings in backdated payments.”
“As far as the CLA and I am concerned, it is incumbent on the industry, rural organisations, telecom companies and trade associations to come together and work out the differences. It is the role of the Government to assist in that process. If we cannot get the balance right, effective deployments will be delayed. That delay will severely limit the ability of rural communities to increase social inclusion, and reduce the ability of rural businesses to pick up and recover from the pandemic, and from the cost of living crisis that we are likely to face in the next six to 12 months. We need to get the balance right, and we still have not got it right.”
“Q Dr Trotman, do your association and your members think that the Bill addresses the imbalance between site providers and telecom companies? Dr Trotman: No, it does not. The Minister hit the nail on the head: you need balance in the market. What the 2017 changes did and what the part 2 changes will do in this Bill is further skew the marketplace. As Anna said, if the Government had taken forward the Law Commission’s recommendations back in 2013, we would not be in this situation. We would be moving far faster towards universal coverage, which we all want, and which, as the covid-19 pandemic proved beyond all reasonable doubt, we all need. The problem we have is that this element of distrust between site providers and operators has shifted clearly in favour of the operators. The market is not working as it needs to.”
“Q Does part 2 of the ECC improve communications and engagement with the industry? Dr Trotman: No, it makes it worse. That is our concern. We have an opportunity here to bring the industry together. Unfortunately, what part 2 of the Bill does is pull the industry further apart. The sector and the market was beginning to settle down after the 2017 changes. The Government then decided that the changes were necessary. We do not know why—as Anna said, there has been no real assessment of the impact of the changes on the market place. On the case numbers that the Minister was talking about, you have to bear in mind that a lot of these agreements are placed under non-disclosure agreements, so we do not have the information we need to assess how wide the problem is. Given all the cases we have, it is clearly a very serious problem.”
“If we have those safeguards, and they are clear and consistent, then a voluntary system may be appropriate. However, from what we have seen so far, that will not be the case. We are not certain that the Government’s guarantees will work—that is the key point—so it has to be a mandatory system.”
“Q Should the alternative dispute resolution mechanism be mandatory, or voluntary, as is proposed in the Bill? Dr Trotman: If the Government could give us the assurances and safeguards that we need that a voluntary system would work, I think that would be satisfactory. However, we have not seen that so far in our discussions with Government officials. If it is going to work as effectively as we want it to, it will have to be a mandatory mechanism. If the ADR system works, it will reduce tensions in the market, because it means that site providers, for example, who are in dispute with the operators, would not be threatened with going before the courts. There would be an opportunity to negotiate under the premise of an arbitration process. However, we must ensure that that is available. That is where we need the safeguards.”
“Q Ms Griggs, good morning. Could you also answer that question on the AGR, please? Should it be compulsory, or voluntary, as set out in the Bill? Eleanor Griggs: My opinion is very similar to Charles’s, really. As it stands, I cannot see any option other than to make it mandatory to protect our members, who do not necessarily have that negotiating power, given the statutory powers that operators have, which could potentially be increased should the Bill, as introduced, go through.”
“That, in itself, means that they will not be looking at mobile phone masts, as they did pre-2017, to get those income streams, but—this is leading on to the second part of the question—farmers will be looking to try to get income streams from every little piece of their land now. That will mean that there will not be any scope for something that does not pay very much money, but also does, or potentially could, include quite a lot of hassle through behaviours of operators and contractors when they are on land. It is not a very attractive prospect to have an operator on land now.”
“Many do focus on the rent, because that seems to be the trigger point, but then, when you look at the 90% decrease in rent, and then at the further terms that operators are trying to claim on renewals, those too are very unfavourable. They are not included within the code—they are not code powers—and have the impact of limiting what members can do across not just a small area contained within the deeds, but sometimes much larger areas, and sometimes an entire farm. On the valuation itself—the reduction in rents—at a time when agriculture is seeing the loss of its EU subsidy payments under the common agricultural policy, it needs to be looking at alternative income streams.”
“Q I have two last questions for you, Ms Griggs. First, I am interested in some examples of where tenant farmers are being impacted by the reductions—similar to Ms Turley’s point on some of the broader community groups. Secondly, in moving forward, does the risk lower rents impact on farmers’ decisions regarding land access for masts and other telecoms devices? In essence, what are your members saying on the broader NFU’s work around the Bill and improving infrastructure for digital communications? Eleanor Griggs: Yes, a lot of members have contacted us over the past few years, including quite a few recent cases. Obviously, those are under the 2017 changes.”
“That is the minimum we will give you security requirements for, but the device is not useless after two or three years. Both those elements might lead to an increase in electronic waste and the kind of things that we want to avoid in a practical framework.”
“That will be 15 weeks in transit, and eight weeks getting through the broader supply chain in the UK through distributors and re-sellers. That already reduces the 12 months to seven months for manufacture and design. That is the difficulty that some manufacturers might face. To the obsolescence point, there are two points again. In terms of when this comes in, we have to communicate it to consumers in such a way that it does not cause them to think that any devices that they currently have are obsolete in any way. That is a communication piece. It is about DCMS and the Government broadening that out, and helping consumers to understand what the legislation is for. More broadly, I am sure that we will come to the timescales for security updates but we do not want that to turn into some kind of perceived sell-by date.”
“For industry, we strongly think that that should be when the regulatory framework is confirmed and we know who the regulator is. That is the point at which that countdown should start. There are different views in industry on how long an appropriate grace period would be. Obviously, DCMS has confirmed that it will be no less than 12 months. Once we see that technical specification, a lot of parts of industry will have interpreted the code of practice in such a way that complies, so that will not be a problem for them, but some might have an interpretation that the compliance framework rules out—for example, around passwords. They might have to go back, certainly for security requirement 1, and make a hardware change. For a lot of these products, the supply chains are enormously long. Take a projector coming over from Malaysia.”
“Q Thank you, Mr Stringer. This is only for Mr Patefield, unless anybody else wants to come in, of course. You talked, in answer to the Minister, about implementation and getting to the specifics of how that is delivered. In your evidence you refer to manufacturers and retailers being concerned about the timescales of the Bill, specifically the 12 months. I wonder whether you could expand on that, as I think you wanted to in your previous answer, and specifically on how secure devices could become obsolete because of the speed that it would take to implement the changes within the 12 months of the Bill’s introduction. Dan Patefield: There are two points on the timescales. There is the point at which the grace period will begin.”
“Internally, we split the Bill; I lead on the cyber-security element and another colleague leads on telecoms infrastructure. I am happy to get that question answered in a written submission.”
“Q One final question for techUK about part 2. Lots of organisations that you represent talk about the digital connectivity divide within cities and large towns between flats and access for upgrading and automatic upgrading. You have said that the Bill could go further to deal with overground infrastructure and automatic upgrades for flats to resolve the problem. Could you expand on that and tell us what your members say about the challenges they face, because this is not just about rural roll-out or semi-rural roll-out, but changing infrastructure, including in boroughs such as Hackney and Camden—places where you would not automatically think there were connectivity issues? Dan Patefield: I will lead on that question. techUK would be happy to give more thoughts on that in a written submission, but it is not an area I focus on.”
“If, either through some self-declaratory measure or by some endorsed mechanism of compliance, those companies are told to come up with a compliance statement, that helps the likes of Amazon and eBay to select their suppliers appropriately and then to remove them from their stores more easily. At the moment, it is kind of a wild west. They do not have any questions or answers.”
“I fully agree that the companies that are retailing this stuff cannot just lay the blame at the door of the companies that are stocking and selling it. If it is on Amazon Prime, surely Amazon has a responsibility over that. Earlier, Dave mentioned different regulatory regimes and that there may be some fragmentation around the world. I actually think that there is probably a lot of alignment and harmony. There has been a lot of work between DCMS and the National Institute of Standards and Technology in the US, so there is a broad understanding of what good looks like.”
“David Rogers: Just to address the Amazon/eBay question, I have seen all this stuff. I have bought some of it to have a look at. A lot of counterfeit and substandard—the Chinese call them Shanzhai—products are available. I have conversations in which people say, “This is about buyer beware. You’d never buy a £9.99 smart watch. You should know that that’s going to be dodgy,” but as you said, people cannot necessarily afford it. There is a peer pressure element to it, and there is a sort of endorsement by the brand. If you go to Amazon, you expect it to be a quality product, so people are lulled into that sense of security that what they are getting is quality. In some cases, that is not the case.”
“In my work, we work a lot with senior business leaders and talk to them about how they respond to cyber-security regulations. They did not push back against GDPR or see it as terribly negative; they saw that it unlocked budget for them to use, because they could quantify what percentage of their global turnover a data breach would cost or what the fine could amount to. They can take that calculation to the board, and say, “Right—we mustn’t have a breach or it would cost this much. How secure do we feel we are?” That is where such regulations can have a very positive effect on industries that would like to comply but cannot just invest in all the different aspects of a device without some justification. This gives that justification. It unlocks that funding in those board conversations about where investment in products should go.”
“It would certainly have to be a consideration that, ideally, devices that did not meet UK standards were not able to be shipped to the UK, but I guess that is the case with many consumer goods that we cannot buy online. There is a tendency to blame business in this scenario and to see manufacturers as careless or irresponsible, which surely some of them are. However, it is also the reality that businesses have to make a careful calculation on how they invest. If it costs more to produce a product and they are answerable to shareholders, they have to have a conversation about why they are spending more on a device that is already selling well and returning a profit. I am not saying that that is the way it should be, but that is the way the free market works. Look at what happened with GDPR.”
“Professor Carr: I will try to answer as many as I can, as well as I can. I am sure that David has comments as well. On educating consumers, that question of “Will the loan outlast my device?” is a very astute one, because consumers do not need to understand—they never will—all the ins and outs of phone or device security, but that is a very pragmatic response: “What actually am I buying? I am spending for three years to buy two years of a phone.” That type of consumer education will snowball when people are presented with information on how long the device will last and asked, “Is that what you want?” I guess online markets are already regulated. There are things that we cannot buy in the UK and that cannot be shipped here.”
“On Second Reading, I expressed a concern that many people will look in a retailer or online, and go, “If that doesn’t exist for this much time—if it only has two years on it and the loan is three years—why am I bothering to purchase it if it is obsolete in that time?” That is a concern that many people have. Consumers potentially do not know what this or that means, but they know what “security” means, and if they think something is not secure, then, as Professor Carr mentioned, they think, “Well, I won’t bother having that product, because it isn’t safe”, because that is how they view the word “security”, which is logical, but not necessarily the best option given what they are looking for. There are several questions in there, forgive me, but they are interconnected with what the Minister was saying.”
“Is that the next step, through secondary legislation or this Bill? Should they be as responsible as the manufacturers, if they are wilfully selling products that they know are not secure? In that vein, is there something in the idea of a reporting mechanism—either by the Department or some sort of regulator, annually or however long is appropriate—for whether these organisations and manufacturers are working to the standards that you so strongly set out? They have had years to deal with the standards, but many are still not doing it. I am suggesting naming and shaming, if you will, to give consumers better informed decisions. A lot of people borrow money to buy these devices.”
“Q To keep the conversation on consumers, eBay, Amazon and other platforms are not part of this Bill, but an awful lot of research out there suggests that they do not regulate what they sell. There are an awful lot of suggestions from organisations like Which?, whom we are meeting later, that those platforms’ markets are often flooded with devices that are not secure, but are cheaper. Again, to go back to your comment about how security should not just be for the rich, if someone is looking for a cheaper type of product, they can go there and their thought will not be about security, but about how shiny and new, or refurbished, it is—how it looks very good and the same as what the other child in the class has, and so on. What are your views about looking at the online marketplaces?”
“This is for Mr Bartlett. Forgive me if I am misquoting you, but I think you said 1,000 contracts have been negotiated since 2017. I am assuming those are all new sites, or are some of them renewals as well? Mark Bartlett indicated assent .”
“Q I have two very quick questions, because I am conscious of time and Back-Bench colleagues. On the flats and the issues around the digital divide, you mentioned the overall figure—1.4 million, I think it was. It would be good to understand where those places are and how that is impacting on connectivity, poverty, and access to education and services. There is almost an assumption that broadband roll-out is an issue in rural areas, which clearly is not the case if you are talking about mass flat construction. If an amendment regarding access were put forward and accepted, either in the Commons or the Lords, would that be about still trying to engage with the landlords to say that you are gaining access, rather than saying, “Look, we’ve got the powers. We are now going to start simply entering through this separate law”?”
“My estate would be measured in tens a year where it is their right and we move on. In the current legislation there are also absolute rights for the operators to maintain that equipment if there is no redevelopment need. That is, obviously, very positive, because when we lose a site or a rooftop, whatever the infrastructure might be, that is serving hundreds of people in the community. Therefore, quite naturally, both the investment that we have made and the utility to the public need to be maintained, unless, as I said, the landowner has a genuine need to make that redevelopment, and that is enshrined in legislation, both today and in that passed pre-2017.”