The State Opening of Parliament – often referred to as the “King’s Speech” – took place today, which saw the new UK Government set out their agenda for the coming session. The speech included mentions of several bills that could potentially support the expansion of gigabit broadband and 5G mobile networks, as well as toughen cyber security and Digital Verification Services.
Just to recap. The Labour Party’s 2024 General Election Manifesto (here) has previously made clear that they would be making a “renewed push to fulfil the ambition of full gigabit and national 5G coverage by 2030.” The party has already given mild support to Project Gigabit and appears to be aware that any big changes would risk adding further delays to the roll-out, but solid details of their actual plan have been few and far between.
The first hints of at least one significant change came after they set out their desire for more flexibility in the planning system (here), which might make it easier to deploy new digital infrastructure – those who oppose new telecoms poles and mobile masts will be watching very closely. On top of that, there has also been some prior talk about trying to encourage greater infrastructure sharing or co-operative build between network operators, albeit supported by precious little substance.
Suffice to say that the King’s Speech typically provides the opportunity for a new government to flesh out their forthcoming plans with a little more detail, and we were watching closely to see if any of the c.35 draft laws might be of relevance. Sadly, there were no specific mentions of either “broadband” or “mobile” in the briefing documents, but three of the bills do have the potential to touch digital infrastructure and internet connectivity.
However, we were a little bit surprised to see the new Cyber Security and Resilience Bill, particularly as it will be coming so soon after the passing of similar telecoms and internet security laws under the previous government – the industry is still in the early stages of adapting to those. We’ve summarised the three bills of relevance below.
Planning and Infrastructure Bill
“My Ministers will get Britain building, including through planning reform, as they seek to accelerate the delivery of high quality infrastructure and housing”
● The current planning regime acts as a major brake on economic growth. The Planning and Infrastructure Bill will play a key role in addressing this constraint, unlocking more housing and infrastructure across the country and supporting sustained economic growth. The planning system must be an enabler of growth – enabling democratic engagement with how, not if, homes and infrastructure are built.
● Reforming the planning system is key to unlocking our country’s economic growth – enabling us to deliver both the housing and critical infrastructure that communities need. The Bill will speed up and streamline the planning process to build more homes of all tenures and accelerate the delivery of major infrastructure projects in alignment with our industrial, energy, and transport strategies.
What does the Bill do?
● The Bill will make improvements to the planning system at a local level, modernising planning committees and increasing local planning authorities’ capacity to deliver an improved service.
● The Planning and Infrastructure Bill will accelerate housebuilding and infrastructure delivery by:
o streamlining the delivery process for critical infrastructure including accelerating upgrades to the national grid and boosting renewable energy, which will benefit local communities, unlock delivery of our 2030 clean power mission and net zero obligations, and secure domestic energy security. We will simplify the consenting process for major infrastructure projects and enable relevant, new and improved National Policy Statements to come forward, establishing a review process that provides the opportunity for them to be updated every five years, giving increased certainty to developers and communities.
o further reforming compulsory purchase compensation rules to ensure that compensation paid to landowners is fair but not excessive where important social and physical infrastructure and affordable housing are being delivered. The reforms will help unlock more sites for development, enabling more effective land assembly, and in doing so speeding up housebuilding and delivering more affordable housing, supporting the public interest.
o improving local planning decision making by modernising planning committees.
o increasing local planning authorities’ capacity, to improve performance and decision making, providing a more predictable service to developers and investors.
o using development to fund nature recovery where currently both are stalled, unlocking a win-win outcome for the economy and for nature, because we know we can do better than the status quo. Our commitment to the environment is unwavering, which is why the Government will work with nature delivery organisations, stakeholders and the sector over the summer to determine the best way forward. We will only act in legislation where we can confirm to Parliament that the steps we are taking will deliver positive environmental outcomes. Where we can demonstrate this, the Bill will deliver any necessary changes.
Territorial extent and application
● The majority of the Bill is expected to extend and apply to England and Wales. Some measures may also extend and apply to Scotland
Digital Information and Smart Data Bill
● The Government wants to ensure we harness the power of data for economic growth, to support a modern digital government, and to improve people’s lives.
● The Bill will enable new innovative uses of data to be safely developed and deployed and will improve people’s lives by making public services work better by reforming data sharing and standards; help scientists and researchers make more life enhancing discoveries by improving our data laws; and ensure your data is well protected by giving the regulator (the ICO) new, stronger powers and a more modern structure. These measures start delivering on the Government’s commitment to better serve the British public through science and technology.
What does the Bill do?
● The Bill will harness the power of data for economic growth. We are giving a statutory footing to three innovative uses of data that people can choose to participate in and which will accelerate innovation, investment and productivity across the UK. This includes:
o establishing Digital Verification Services, which make people’s everyday lives easier through innovative and secure technology. These measures support the creation and adoption of secure and trusted digital identity products and services from certified providers to help with things like moving house, pre-employment checks, and buying age restricted goods and services.
o developing a National Underground Asset Register, a new digital map that is revolutionising the way we install, maintain, operate and repair the pipes and cables buried beneath our feet. It gives planners and excavators standardised, secure, instant access to the data they need, when they need it, to carry out their work effectively and safely.
o setting up Smart Data schemes, which are the secure sharing of a customer’s data upon their request, with authorised third-party providers.
● The Bill will improve people’s lives and life chances. The Bill will enable more and better digital public services. By making changes to the Digital Economy Act we will help the Government share data about businesses that use public services. We will move to an electronic system for the registration of births and deaths. And we will apply information standards to IT suppliers in the health and social care system.
● The Bill will help our scientists make better use of data for world-class research by reflecting the realities of modern interdisciplinary science research in our data laws. Scientists will be able to ask for broad consent for areas of scientific research, and allow legitimate researchers doing scientific research in commercial settings to make equal use of our data regime.
● The Bill will ensure your data is well protected. We are modernising and strengthening the ICO. It will be transformed into a more modern regulatory structure, with a CEO, board and chair. And it will have new, stronger powers. This will be accompanied by targeted reforms to some data laws that will maintain high standards of protection but where there is currently a lack of clarity impeding the safe development and deployment of some new technologies. We will also promote standards for digital identities around privacy, security and inclusion.
● The Bill also establishes a Data Preservation Process that coroners (and procurators fiscal in Scotland) can initiate when they decide it is necessary and appropriate to support their investigations into a child’s death. This will help coroners get access to online information they need when investigating a child’s death.
Territorial extent and application
● The Bill will extend and apply UK-wide.
Cyber Security and Resilience Bill
● Our digital economy is increasingly being attacked by cyber criminals and state actors, affecting essential public services and infrastructure. In the last 18 months, our hospitals, universities, local authorities, democratic institutions and government departments have been targeted in cyber attacks.
● Our essential services are vulnerable to hostile actors and recent cyber attacks affecting the NHS and Ministry of Defence show the impacts can be severe. We need to take swift action to address vulnerabilities and protect our digital economy to deliver growth. The Bill will strengthen the UK’s cyber defences, ensure that critical infrastructure and the digital services that companies rely on are secure.
What does the Bill do?
● The Bill will strengthen our defences and ensure that more essential digital services than ever before are protected, for example by expanding the remit of the existing regulation, putting regulators on a stronger footing, and increasing reporting requirements to build a better picture in government of cyber threats.
● The existing UK regulations reflect law inherited from the EU and are the UK’s only cross-sector cyber security legislation. They have now been superseded in the EU and require urgent update in the UK to ensure that our infrastructure and economy is not comparably more vulnerable.
● The Bill will make crucial updates to the legacy regulatory framework by:
o expanding the remit of the regulation to protect more digital services and supply chains. These are an increasingly attractive threat vector for attackers. This Bill will fill an immediate gap in our defences and prevent similar attacks experienced by critical public services in the UK, such as the recent ransomware attack impacting London hospitals.
o putting regulators on a strong footing to ensure essential cyber safety measures are being implemented. This would include potential cost recovery mechanisms to provide resources to regulators and providing powers to proactively investigate potential vulnerabilities.
o mandating increased incident reporting to give government better data on cyber attacks, including where a company has been held to ransom – this will improve our understanding of the threats and alert us to potential attacks by expanding the type and nature of incidents that regulated entities must report.
Territorial extent and application
● The Bill will extend and apply UK-wide.
UPDATE 12:23pm
We’ve had the first comment come in from alternative network operator All Points Fibre.
Jarlath Finnegan, Group CEO of All Points Fibre Networks, said:
“The new government’s commitment to boosting productivity and growth is welcome, and connectivity should be at the heart of that plan. There are changes the government could make in planning and tenants’ rights that would make it easier to build and install broadband to millions more people. We hope they’ll seize the opportunity to use fibre in accelerating the digital economy to fulfil the country’s potential.”
