Telecommunications Infrastructure (Leasehold Property) Bill — House of Lords, 2020-05-19
Topic: Mixed Topics
Diana Barran (Conservative, Centre-right): I thank noble Lords for tabling Amendments 17 and 18. I will do my best to address the very valid points raised I will clarify the intention of the amendments. Amendment 17 seeks to examine the rationale for placing a maximum time period of 18 months for the interim code rights granted under a Part 4A order in the Bill. Amendment 18 would require the Government to consult on the maximum time period for which the interim code rights should last. I want to highlight, in response particularly to the point made by the noble Lord, Lord Stevenson of Balmacara, that the Government have already consulted on the principle that there should be a period during which code rights arising from this Bill should last In the original consultation for this policy in October 2018, we proposed that these rights should be enjoyed until an agreement was reached with a landowner. A number of responses to that consultation made compelling arguments that we should consider imposing a maximum time limit. This was to ensure that operators continued to engage with landowners to try to reach a permanent agreement, and to ensure that the important balance of rights was maintained. I hope noble Lords agree that an indefinite time period could risk being open to abuse, deliberate or otherwise, and importantly potentially leave both landowners and operators with great uncertainty It was never the intention that this process should replace the existing process under the code, by which an operator can apply to the court to have permanent code rights imposed. That process requires the judiciary to carefully consider the merits of the case before it, and to make a judgment on which rights should be imposed, and potentially any compensation or consideration to be paid. The process envisaged under a Part 4A order requires the judiciary––in this case, the First-tier Tribunal––to be satisfied that the evidential requirements laid out in the Bill have been met This leads us to the maximum 18-month time limit that we have settled on. Following consultation and subsequent stakeholder engagement with representatives of operators and landowners, they informed us that, in practice, when a landowner does not respond to requests for access, if an operator continues to make attempts to engage, the majority of landowners will eventually respond within approximately 12 months. Setting a slightly longer time period gives the operator a degree of flexibility. Another reason for the decision to set the time limit for the Part 4A interim code rights at 18 months was to provide certainty to consumers. Most consumer broadband contracts last for either 12, 18 or 24 months. Placing the time limit at 18 months, depending on the speed with which the operator can enter the property after a successful application, will allow consumers to enter into a standard contract for either 12 or 18 months, enjoy the special discounts offered by retail broadband providers for those taking out such fixed-term deals, and be confident that their service will be uninterrupted for its full duration I ask your Lordships to note that the Bill contains a clear power to make regulations to specify the period for which code rights arising from the making of a Part 4A order are to last. New paragraph 27G(3) of the code, as inserted by Clause 1 of this Bill, makes clear that the specified period is to be no more than 18 months, and it will be for the regulations made under that power to specify the period itself.