Trade (Mobile Roaming) (Amendment) Regulations 2026

My Lords, noble Lords in the Room have just spotted the mystery mentioned by the noble Lord, Lord Clement-Jones, about why two Ministers are answering on these two SIs. I suspect that those who decided and invited me to lead on this know that it is my first outing on the Front Bench and think—I share that hope—that this will be a slightly gentler environment than my first Oral Question next week. This statutory instrument is required to amend the Trade (Mobile Roaming) Regulations 2023, by updating the international mobile roaming wholesale rates it sets. Wholesale rates are what mobile operators charge other mobile operators, as opposed to retail rates, which they charge their customers. The amendments give effect in domestic law to a November 2025 decision of the EEA EFTA-UK free trade agreement Joint Committee. EEA EFTA is Iceland, Liechtenstein and Norway, and this committee is the governing body of the agreement on which each party has a seat. I note, however, that one member, Liechtenstein, has opted out of these international mobile roaming provisions in the free trade agreement. The amendments to the international mobile roaming wholesale rates are being made to ensure that they continue to reflect current international benchmarks, which reflect market conditions. This is consistent with and necessary under the terms of the free trade agreement. I hope this summary of the instrument’s purpose was helpful to noble Lords; I will briefly provide some background to support their consideration. In 2021, the UK and EEA EFTA signed a free trade agreement. Its core terms included provisions on industrial goods, digital trade, services and investment, and fisheries and agriculture. Under digital trade, in a telecoms chapter, it contained provisions on international mobile roaming. These provisions set a wholesale cap. As mentioned, this limits what mobile operators can charge each other. In 2023, the UK introduced the Trade (Mobile Roaming) Regulations to implement these provisions into UK legislation. This is the instrument being amended by this instrument. As per the free trade agreement, the Trade (Mobile Roaming) Regulations covered wholesale charges only. Wholesale rates can be set in an international treaty, whereas retail rates can be controlled domestically. The free trade agreement contains a review clause, under which the wholesale rates should be reviewed by all affected parties every two years “with a view to determining whether those rates are still appropriate”. The UK, along with Norway and Iceland, are the affected parties. The rate set under the agreement has now diverged from the “relevant international benchmarks” that the agreement states should be considered. The benchmark relevant to the EEA EFTA-UK agreement is the European Union-set international mobile roaming wholesale rate, called the Eurorate. EEA EFTA adheres to the Eurorate as part of its access to the EU single market. The UK adhered to the Eurorate until 2021, with the end of the Brexit transition period at the end of 2020. The EU benchmark is based on the principle that the wholesale cap must be high enough to allow operators to fully recover reasonably incurred costs involved in building, maintaining and operating their networks. This principle, based on market conditions, is supported by the UK. In 2025, Norway, supported by Iceland, requested a move to reflect the Eurorate. The reason was that the wholesale cap in the UK-EEA EFTA agreement should reflect international benchmarks and current market conditions. Ministers agreed to proceed with legislation for these new rates to demonstrate the UK’s willingness to align with the free trade agreement’s provisions. In November 2025, the governing body of the agreement, the EEA EFTA-UK Joint Committee, made decision 1/2025, which agreed that the wholesale rates should be changed. This instrument will amend the Trade (Mobile Roaming) Regulations to give effect in domestic law to the commitments the UK has made at the joint committee. This instrument is strictly about amending the wholesale rate contained in the Trade (Mobile Roaming) Regulations. However, I believe it would be helpful to conclude by setting the context that the wholesale cap in the free trade agreement was intended to facilitate surcharge-free roaming between the UK and Iceland or Norway. I can confirm that this surcharge-free roaming has not been delivered for all UK travellers to Norway and Iceland. Mobile network operators EE and Three continue to surcharge their customers roaming in Norway and Iceland. It is welcome that Vodafone removed the surcharges. VMO2 did not reintroduce roaming surcharges to the EU and EEA EFTA after the Brexit transition period. The Government are continuing to review options for delivering surcharge-free roaming for UK travellers to Norway and Iceland, in line with the aspirations of the free trade agreement. I stress, however, that this instrument is strictly about amending the wholesale rates contained in the Trade (Mobile Roaming) Regulations and fulfilling commitments that the UK has made under international treaty.

My Lords, I had not intended to contribute to this, but I hope the Committee will allow me to say that I took great interest in the fact that surcharges for roaming may affect calls between this country and, for example, Norway. We will have to wait and see what happens on Saturday, and whether that encourages or discourages further calls. As this is my noble friend’s first appearance at the Dispatch Box, I congratulate her for the way that she introduced this statutory instrument. I wish her well, not just for today, but for her first Question, which we understand is next week.

It is a pleasure to follow the noble Viscount, particularly in welcoming the noble Baroness, Lady Ramsey of Wall Heath, to the Government Front Bench. We again raise no particular objection to these regulations. Reducing the wholesale caps for calls, texts and data between the UK, Norway and Iceland, in line with the Joint Committee’s decision, is sensible and follows the agreement’s own review mechanism, exactly as intended. These new caps are, however, explicitly benchmarked against the EU’s own roam-like-at-home rates. If that standard is right for our EEA EFTA neighbours, it prompts an obvious question: why has no equivalent effort been made to secure a reciprocal surcharge-free roaming arrangement with the European Union itself, where far larger numbers of UK travellers go? They may go to Norway in greater numbers after this Saturday—I do not know—but certainly the numbers at the moment point that way. This Government, like their predecessors, seem content to import EU benchmarks piecemeal, while leaving the much bigger prize—a UK-EU roaming deal—untouched.

My Lords, I also welcome the Minister to the Front Bench. I know that the first OQ is one of the most alarming experiences this House has to offer, but I am sure she will be brilliant and I look forward to hearing it. On these Benches, we are pleased to support this instrument. As has been outlined, it is a technical measure that updates the wholesale mobile roaming charge caps applying between the United Kingdom, Norway and Iceland, in accordance with the review mechanism established under the UK-EEA EFTA free trade agreement. These arrangements originated in the agreement secured by the previous Government following our departure from the European Union. The agreement provided an important framework to facilitate surcharge-free roaming, while ensuring that wholesale charges between operators remain proportionate and subject to regular review. These regulations do not alter that policy; they simply give effect to revised wholesale caps, following the Joint Committee’s conclusion that the previous figures had diverged from international benchmarks. Indeed, the revised limits represent a reduction in the permitted wholesale charges for voice calls, text messages and, most significantly, mobile data. It is reassuring that the Government do not anticipate any significant impact on businesses or consumers. As the Explanatory Memorandum notes, wholesale rates are already expected to be below the revised caps in most circumstances, meaning that these regulations are principally about ensuring that domestic legislation remains aligned with our international obligations. I have one brief question for the Minister. While these regulations concern wholesale rather than retail charges, will the Government continue to monitor whether the benefits of these international agreements are being reflected in the experience of UK consumers travelling abroad? I thank her for her account of these surcharges in some circumstances by some operators, especially as future reviews of the roaming provisions are undertaken. This represents a sensible administrative update and demonstrates the importance of keeping our domestic legislation aligned with agreements negotiated in the national interest. I look forward to the Minister’s response.

My Lords, I am grateful for the support across the Committee for the draft Trade (Mobile Roaming) (Amendment) Regulations 2026. I particularly offer my gratitude and thanks to my noble friend Lord Stansgate, the noble Lord, Lord Clement-Jones, and the noble Viscount, Lord Camrose. I appreciate their comments. I do not think it has made me feel any more secure about next week, but I will hold on to those comments. I appreciate that this is a somewhat technical amendment, but it is necessary to meet the international obligations we have made with our friends and neighbours—Norway and Iceland—although I take the point from my noble friend about our friendship in Norway following whatever the result is on Saturday. I further appreciate that surcharge-free roaming has not been delivered for all UK travellers to Norway and Iceland. However, keeping the free trade agreement’s wholesale rates up to date with this instrument is a necessary, though insufficient, step for allowing future developments to ensure surcharge-free roaming for UK travellers. On the questions from the noble Lord, Lord Clement-Jones, the reduction of wholesale prices is welcome. He asked about benchmarking; why there is no equivalent with the EU; about the practical effect, which may be limited with Norway and Iceland; and whether any change will be felt by customers. I remind the noble Lord that this is entirely about wholesale; it is not about retail prices at all. I stress that the Government are continuing to review options for delivering surcharge-free roaming in line with the aspirations of the free trade agreement. On the options around benefits for UK travellers, which I think the noble Lord was driving at, the Government are continuing to review options for delivering surcharge-free roaming. I can only repeat that. Also, surcharge-free roaming has not yet been ensured for all UK travellers to Norway and Iceland. In answer to the question of whether the Government are reviewing the delivery of surcharge-free roaming to consumers travelling to Norway and Iceland, yes, that review is planned. Sorry to hop around, but Regulation 13 has not yet been fully examined but it remains under review. I remind noble Lords that this is strictly about amending the wholesale rates contained in the Trade (Mobile Roaming) Regulations and it has nothing directly to do with consumers, because it does not concern retail prices. It is primarily concerned with fulfilling the commitments that the UK has made under international treaty. I beg to move.