My Lords, I thank the noble Baroness for moving this amendment, which gives us an opportunity to talk about the code of practice and whether it should be statutory or voluntary. At present, we do not believe that the proposed code of best practice for the siting and appearance of fixed broadband infrastructure needs to be given statutory effect. It is important that the code is agreed collectively by all those concerned and given a chance to work as a voluntary code.
In any case, it would not be possible or necessary to bring forward a statutory code of practice in the way that I think is intended. Rather than a statutory code, the material principles of the code of practice would instead need to be included in amended Electronic Communications Code (Conditions and Restrictions) Regulations. The power to provide for these matters in regulations already exists in Section 109 of the Communications Act 2003.
However, additional regulations are not needed. I am pleased to report that work is progressing well in developing a voluntary code. The working group drafting the code has agreed its scope and some broad principles, which I shared with noble Lords last week. While the final detail is still to be worked through, we anticipate that it will provide a good foundation on which to build for the future of broadband. The code working group is made up of communications providers—that is, over and beyond BT—local planning authorities, Ofcom, the Office of the Telecommunications Adjudicator, English Heritage and the national parks. It is a representative group, which is engaging keenly in bringing the code to fruition.
The key to rolling out broadband quickly will be partnership working between communications providers and planning authorities. We want to see that work, and the voluntary code will be an essential tool in
achieving that. I believe that there is real commitment from all sides to addressing the issues around how broadband is delivered, the co-operation and co-ordination necessary and the involvement of those affected in the provision and siting of the infrastructure.
Communications providers have committed to taking forward the drafting, but the scope of the code of best practice that was agreed last week includes the size and appearance of cabinets and new poles; their location, including the proximity to homes and businesses, road junctions and placement in the footway; early engagement with all interested parties including local planning authorities, highways authorities, other infrastructure providers in the area; and, in the case of new poles, engagement with communities through the local authority—that is, consultation between us. The noble Baroness, Lady Parminter, asked whether there would be mechanisms for dealing with disputes. Part of the code that is being worked up at the moment deals with precisely that: there will be mechanisms for dispute resolution, in the event that there is disagreement. The agreed scope also includes ensuring consistency of definitions and how the code relates to the various pieces of legislation that underpin it; and the consistency of application through the supply chain, including contractors.
Consultation with other infrastructure providers probably includes, most specifically, consulting electricity companies because they work in this area. The purpose of this is to ensure that, before deploying any new infrastructure, providers explore opportunities for sharing existing infrastructure, and that would include underground provision as well. Early consultation with the electricity companies provides an opportunity to co-ordinate deployment with any plans to underground electricity cables in the area, so where everyone is linking up, they ought to be able to use the same trenches and ensure that as much is hidden from view as possible. In the meeting that we had with people from BT, they made it clear that this is what they would want to do—where there are opportunities for undergrounding, they will do it. That is something else that would have to be negotiated with the local authority regarding the contracts that those local authorities hold with BDUK.
I reiterate that local authorities that are procuring networks through the Broadband Delivery UK programme still have the opportunity to influence the type of infrastructure that is deployed; they are the procuring authorities, after all. Local authorities can also make adherence to the code of practice a contractual requirement of the Broadband Delivery UK projects for contracts that they enter into themselves.
In addition, bringing forward regulations at this stage would delay implementation of the broadband support package that the Government set out in September last year, particularly if the voluntary code first needs to be produced and agreed to by all parties, which we are confident will be the case. Indeed, we asked about when these regulations in the code will come into effect. We expect the code to be completed and ready to come in at the end of May—so not too long now.
We are anxious to see broadband implemented as quickly as possible. The noble Lord, Lord Adonis, quoted some very interesting figures as regards the number of people who live and work within the national
parks. It is not an insignificant number. All of those people, particularly in businesses, need access to fast broadband as soon as they can get it. The difficulty of placing a code on a statutory footing would be getting it in time and at this speed; it could disrupt the productive work that is taking place, which is supported all round.
Having said that, we recognise the concerns that have been expressed again today. We will be monitoring the operation of the code closely for both commercial and publicly funded broadband deployments. The noble Lord, Lord Adonis, also referred to the meeting with Ed Vaizey, the Minister in the other place. Reviewing how the code of practice is working will be undertaken by him; he will include this in his regular meetings, which I gather are taking place once a week with all the communications providers. In the first instance, we would expect communications and planning authorities to report back on any early lessons learnt so that they can be reflected in changes to the code of practice. As I made clear, the opportunities for them to do that are very real and there will continue to be very close monitoring at the other end.
If concerns are raised with the Government on adherence to the code, we will of course need to consider whether those concerns are best resolved through bringing forward additional regulation, so this is not being ruled out. I assure the House that if it is concluded that regulation is needed, the necessary regulations could be brought forward with urgency and it would be our aim to put them in place. That could be done within a matter of months should the need arise and subject, of course, to Parliament agreeing to those regulations.
I hope that I have made clear why we do not support this amendment, which would, particularly at the moment, introduce delay. We believe that there are enough checks and balances in the code itself and from the monitoring that will take place within the Minister’s office and by the local authorities themselves—they have a very real role and interest in this. For the time being, anyway, we do not need a statutory code: we believe that the voluntary code will work. I hope that, with the assurances I have given, the noble Baroness will be able to withdraw her amendment.