Part of Automated Vehicles Bill [Lords] – in the House of Commons am 2:23 pm ar 1 Mai 2024.
With this it will be convenient to discuss the following:
New clause 2—Consultation with the Information Commissioner’s Office in relation to personal data—
“Before making regulations under section 42 of this Act (Protection of information), or any other regulations or requirements in relation to the provision of personal data in automated vehicles, the Secretary of State must consult the Information Commissioner’s Office.”
This new clause would require the Secretary of State to consult the ICO before making regulations in relation to the provision of personal data relevant to automated vehicles.
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, including Scottish and Welsh emergency services;
(g) highway authorities, including Scottish and Welsh highway authorities;
(h) groups representing people with disabilities;
(i) groups representing other road users, including pedestrians and cyclists; and
(j) groups representing the interests of relevant employees including delivery providers, those involved of likely to be involved in the manufacture of automated vehicles, emergency service workers, and public transport workers.
(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 include nominated representatives of the Scottish Government and the Welsh Government.
(5) The Advisory Council must report regularly to—
(a) Parliament,
(b) the Scottish Parliament,
(c) Senedd Cymru on the advice it has provided, and any related matters relevant to the roll out of self driving vehicles and associated public policy.”
New clause 4—Accessibility information for passengers in automated vehicles—
“After section 181D of the Equality Act 2010, insert—
‘Chapter 2B
Automated vehicles providing automated passenger services
181E Information for passengers in automated passenger services
(1) The Secretary of State may, for the purpose of facilitating travel by disabled persons, make regulations requiring providers or operators of automated passenger services to make available information about a service to persons travelling on the service.
(2) The regulations may make provision about—
(a) the descriptions of information that are to be made available;
(b) how information is to be made available.
(3) The regulations may, in particular, require a provider or operator of an automated passenger service to make available information of a prescribed description about—
(a) the name or other designation of the service;
(b) the direction of travel;
(c) stopping places;
(d) diversions;
(e) connecting local services.
(4) The regulations may, in particular—
(a) specify when information of a prescribed description is to be made available;
(b) specify how information of a prescribed description is to be made available, including requiring information to be both announced and displayed;
(c) specify standards for the provision of information, including standards based on an announcement being audible or a display being visible to a person of a prescribed description in a prescribed location;
(d) specify forms of communication that are not to be regarded as satisfying a requirement to make information available.
(5) Regulations under this section may make different provision—
(a) as respects different descriptions of vehicle;
(b) as respects the same description of vehicle in different circumstances.
(6) Before making regulations under this section, the Secretary of State must consult—
(a) the Welsh Ministers;
(b) the Scottish Ministers.’”
This new clause mirrors existing provisions in the Equality Act 2010 relating to the provision of information in accessible formats to bus passengers and applies them to automated passenger services.
New clause 5—Publication of list of information to be provided—
“(1) The Secretary of State must, by regulations, make provision for the publication of a list detailing—
(a) the information related to the data for authorisation of automated vehicles which must be provided;
(b) the parties by whom such information must be provided;
(c) the parties to whom such information must be provided; and
(d) the purposes for which the information must be provided.
(2) Regulations under subsection (1) must provide for the content of the list to be subject to public consultation.”
This new clause would require the Secretary of State to publish a list of information which is to be provided to and by certain parties on the operation of authorised automated vehicles, and to hold a public consultation on the list.
New clause 6—Liability of insurers—
“Section 2 of the Automated and Electric Vehicles Act 2018 (liability of insurers etc where accident caused by automated vehicle) is amended as follows—
(a) in subsection (1)(a), leave out “when driving itself”;
(b) in subsection (2)(a), leave out “when driving itself”.”
This new clause would remove the need for people to have to prove that an automated vehicle was “driving itself” if they make a legal claim for compensation under Section 2 of the Automated and Electric Vehicles Act 2018.
Amendment 8, in clause 6, page 5, line 10, at end insert—
“(6) A person may not be an authorised self-driving entity unless they meet the following requirements—
(a) they have obtained a certificate of compliance with data protection legislation from the Information Commissioner’s Office for their policy in regard to the handling of personal data,
(b) their policy in regard to the handling of personal data clearly outlines who has ownership of any personal data collected, including after the ownership of a vehicle has ended, and
(c) they are a signatory to an industry code of conduct under the UK General Data Protection Regulation.”
This amendment seeks to probe a number of concerns around data protection and ownership and seeks to prevent authorisation of companies as self-driving entities unless robust personal data practices are in place.
Government amendments 1 and 2.
Amendment 6, in clause 50, page 33, line 22, at end insert—
“(4) The Secretary of State must obtain and lay before Parliament the written consent of the Scottish Government to make regulations under this section which amend—
(a) an Act of the Scottish Parliament,
(b) any instrument made under an Act of the Scottish Parliament.
(5) The Secretary of State must obtain and lay before Parliament the written consent of the Welsh Government to make regulations under this section which amend—
(a) an Act or Measure of Senedd Cymru,
(b) any instrument made under an Act or Measure of Senedd Cymru.”
This amendment requires the Secretary of State to obtain the consent of devolved governments before exercising the Clause 50 power in relation to devolved legislation.
Amendment 7, page 33, line 22, at end insert—
“(4) The Secretary of State must consult the Scottish Government before making regulations under this section which amend—
(a) an Act of the Scottish Parliament,
(b) any instrument made under an Act of the Scottish Parliament.
(5) The Secretary of State must consult the Welsh Government before making regulations under this section which amend—
(a) an Act or Measure of Senedd Cymru,
(b) any instrument made under an Act or Measure of Senedd Cymru.”
This amendment requires the Secretary of State to consult the devolved governments before exercising the Clause 50 power in relation to devolved legislation.
Government amendments 3 to 5.