CHAPTER FOUR: SOLVING THE PROBLEM (continued)
IT Suppliers
64. It is vital that customers have information from
IT suppliers regarding the state of compliance of products bought
in the past and on possible upgrade or replacement equipment.
Some companies, such as the Xerox Corporation, have made this
information readily available.[102]
Like the Federation for Small Businesses we wish to see more companies
doing this. However, we do have a concern about the business terms
upon which such necessary upgrades or replacements are made available
to customers. IBM told us that "it is common practice in
the computer industry ... that suppliers create products and then
they produce up-grades for those products ... that is normal marketing
practice and accepted in the customer base and we charge for those
up-grades".[103]
We accept that it is appropriate for IT suppliers to charge for
upgrades when new or better products are actively sought by customers.
We do not accept that it is right to charge for upgrades necessitated
by non-compliance of existing equipment. Depending upon the age
of the current system and the terms under which it was supplied,
companies have an obligation to provide suitable upgrades or replacements
free of charge. This obligation is morally impelling and sound
business practice and we applaud those suppliers who have already
committed to this position. Some of our witnesses suggested that
there was also, in some circumstances, a legal obligation under
the provisions of sale of goods legislation.[104]
Progress in Key Sectors
65. We were most concerned to ascertain the extent
of progress towards millennium readiness in those sectors which
provide services on which society depends such as food distribution,
transport, health care, power and water supply, telecommunications
and financial and emergency services. We sought evidence from
a range of organisations from these areas. To a large degree we
were reassured by what we were told. Sainsbury's, "one of
the top ten users of computer systems in the UK", told us
that they were confident that their preventative action, which
involves the commitment of substantial resources, "will reduce
the problem to manageable proportions" and that "major
disruption is very unlikely".[105]
Thames Water said that "the problems that the company faces
... are significant, but also quite within our capabilities to
solve" and that they were confident that their compliance
programme, begun in 1996, would be "completed in time to
avert detrimental consequences".[106]
We received similar evidence from BG plc (one of the two successor
companies to British Gas), Railtrack, Shell UK, BT, the BBC, British
Nuclear Fuels, the BBA, British Airways, the London Ambulance
Service and others, many of whom told us that they planned to
complete the majority of work on Year 2000 projects by December
1998.[107]
66. Nevertheless, not one of these organisations
has yet completed their Year 2000 projects and all pointed out
that projects were designed to reduce risks to manageable proportions
rather than to achieve full compliance. Furthermore, most pointed
out that while they were confident that their own systems would
by adequately prepared in time, they were unable to predict whether
other organisations on whom they were critically dependent would
be.[108] This situation
reinforces the need for adequate and integrated contingency plans
to be drawn up and tested. Thus, while it is important that
each organisation develop its own contingency plans, there is
a role for Government to ensure that alternative arrangements
are in place should there be any interruption in the ability of
providers of essential public services to deliver.
Products Currently on the Market
67. It is reasonable to expect that electronic goods
bought now will manage the century date change properly but we
received much contradictory evidence over whether this was the
case or not. IBM, for instance, told us that "the current
models, versions and releases of IBM hardware and system software
are Year 2000 ready today. In addition, more than 1,900 application
packages are Year 2000 ready" and ICL that "all new
and enhanced product releases produced by ICL are now millennium
compliant".[109]
In contrast the Federation of Small Businesses told us that they
had no confidence that any PC currently on the market was millennium
compliant-a view supported by Greenwich Mean Time, who told us
that 47% of PCs currently on sale "may be described as non-compliant
at the hardware level".[110]
We received less evidence in relation to larger computer systems
or embedded systems. On the latter, however, the Consumers' Association
told us that "over the past two years, we have, as a matter
of course, tested for millennium compliance every relevant domestic
appliance which we have tested for our Which? reports. To date,
we have not found any problems".[111]
68. We find it completely unacceptable that organisations
and individuals purchasing goods today should be unable to rely
on those goods to manage the century date change properly. We
have drawn no conclusions as to whether particular goods are millennium
compliant or not but it is clear that many have considerable doubts.
Such doubts may lead some to postpone their own preparations for
the century date change, thus compromising their own ability to
achieve millennium readiness on time. Moreover, if those who choose
to replace their existing non-compliant equipment with new versions
find that such new equipment is also not compliant, their own
millennium readiness will be compromised.
69. In January 1998, Action 2000, as part of its
'Millennium Bug' campaign, launched a 'Millennium Safe' logo.
Businesses are encouraged to use the logo on their products "when
they feel confident enough about their Millennium Bug projects
or products to say in public that they are Year 2000 compliant".[112]
We would have preferred to see such a scheme in operation well
before January 1998. Moreover, we are not convinced that this
scheme is robust enough. As the Chairman of Action 2000 said "businesses
will, I stress, be choosing to use the 'Millennium Safe' logo-it
does not mean a product or supplier is Government approved".[113]
While we accept that there would be enormous practical difficulties
in a Government-backed certification scheme which carried guarantees,
such as the need for independent testing and the possibility of
exposure to liability claims if products backed by certification
failed to manage the century date change, the certification scheme
does need to be adequately policed. SmithKline Beecham told us
that "to our dismay, many third-party software packages have
produced date errors when subjected to validation challenge tests,
despite vendors' claims of compliance".[114]
If usage of the Millennium Safe logo is not controlled it will
not carry weight with those seeking validation nor will companies
be encouraged to join the scheme as there will be no advantage
in doing so. We recommend that trading standards officers should
monitor use of the Millennium Safe logo and that suppliers found
using the logo on non-compliant equipment should be penalised.
70. We are also concerned that the Millennium Safe
scheme has not been adequately promoted. Unless purchasers of
services or products are aware of the need to ask if products
are backed by the scheme or understand what the Millennium Safe
logo means when they see it the scheme will be ineffective. We
make below recommendations for a high profile advertising campaign
on the part of Action 2000 (see para 73). We recommend that the
Millennium Safe scheme is an integral part of that campaign.
Best Practice
71. Several witnesses stressed the importance of
disseminating 'best practice' as a means of helping organisations
tackle Year 2000 issues and, indeed, as the CBI told us, several
organisations "have emerged as exemplars of best practice",[115]
and have made public their processes for achieving millennium
readiness. However, such information on best practice needs to
reach all organisations, both to reduce the time and resources
they need to devote to Year 2000 projects and to prevent unnecessary
duplication of effort across different organisations. Action 2000
have already acknowledged this and guidance on best practice is
included in its information pack. We welcome this but are concerned
that not all those who need such information are in practice receiving
it. We recommend that Action 2000 treat the dissemination of
best practice as a key part of its campaign to stimulate organisations
to take effective remedial action.
The Public
72. We have already discussed the impact on individual
citizens of interruptions in the supply of goods or services on
which they depend but there is also a "probably more widespread
risk of malfunction in consumer equipment" which may cause
little more than irritation.[116]
As well as the numerous PCs in domestic use which could fail to
manage the date change properly, many homes have a plethora of
equipment with embedded microprocessors, such as fax machines,
some telecommunications equipment, video recorders or central
heating controls. The Consumers' Association asked 500 people
to test their video recorders, watches and fax machines; 187 replied
and, of these, five had found problems with their watches, ten
with their video recorders and two with their fax machines.[117]
However, no comprehensive study has been undertaken to assess
the level of impact that the century date change is likely to
have on equipment in peoples' homes. The Chancellor of the Duchy
of Lancaster told us that the Government were considering performing
sample audits on homes. We recommend that this is done in order
to establish public confidence.
73. Given the statutory time limit of six years for
those seeking redress, the Consumers' Association argued that
"it is ... important for consumers who bought equipment four
years ago to be aware of the opportunity to test that equipment
and seek any necessary redress now".[118]
We agree. We recommend that Action 2000 conduct a high profile
campaign disseminating widely, in clear and non-technical terms,
the information needed to test domestic equipment for millennium
compliance.
International Implications
74. Businesses in the UK economy are not only dependent
on each other as suppliers, customers and service providers, but
also on many companies and organisations overseas. However, several
witnesses told us that, although it was difficult to obtain reliable
information about the rate of progress in addressing century date
issues in other countries, there was anecdotal evidence to suggest
that most countries, with the exception of the United States and
the Netherlands, were behind the UK in terms of both awareness
and action. This is a matter of extreme concern to UK businesses,
as both the Prime Minister and the Minister for Small Firms have
acknowledged, especially those which conduct a substantial amount
of overseas trade.[119]
The UK Government has no authority to compel organisations in
other countries to take remedial action but it does have a role
in monitoring progress overseas and in raising awareness through
Government to Government contacts with other nations. We were
pleased to note that the Minister for Small Firms raised the matter
in the European Union Telecoms Council and welcome her commitment
to take similar steps in other fora.[120]
We endorse the Government's decision to put the matter on the
agenda of various international summits, including this year's
G8 meeting and the recent Europe-Asia summit. We recommend that
the Government continue to take every opportunity to raise century
date change issues with foreign Governments and to put the matter
firmly on the agenda with our neighbours and trading partners
all around the world.
75. In his speech on 30th March 1998, the Prime Minister
acknowledged that there was also benefit from co-ordinating international
activity and assisting other countries in taking action, saying
that "we need to be able to take an overview of international
activity ... and then co-ordinate efforts across the international
spectrum ... once awareness is raised, countries will need expertise
to identify and solve their critical problems".[121]
We agree and, therefore, support the Government's proposition
that the G8 countries set up a council of experts.
76. Developing countries may have particular difficulties
in achieving millennium readiness although, as the Department
for International Development told us "the scale of the Year
2000 compliance problem in developing and transitional countries
is not well understood".[122]
The World Bank surveyed 128 of their borrowing member countries
and found that, of the 78 who replied, only 12 claimed to be prepared
and only 15 others claimed to be aware of the problem. We are
concerned that developing countries' attempts to achieve millennium
readiness should not be compromised by the provision of non-millennium
compliant equipment from the UK. The Department for International
Development assured us that "equipment currently being supplied
under UK aid through the Crown Agents is millennium compliant".
There may be problems with equipment that has been supplied as
aid in the past but, as ownership has passed to the recipients,
the UK can only encourage developing countries to address readiness
issues on old equipment.[123]
We welcome the Government's decision to contribute £10 million,
earmarked for assisting poor countries to identify and resolve
century date change problems, to the World Bank's Trust Fund for
Information Development. We, like the Prime Minister, hope that
other countries will be able to contribute.
102 Q.
321. Back
103 Q.
238. Back
104 Sale
of Goods Act 1979, as amended by the Supply and Sale of Goods
Act 1994. Back
105 Ev.pp.
160 and 161. Back
106 Ev.pp.
159 and 160. Back
107 eg.
Ev.p. 138. Back
108 Ev.p.
140 Back
109 Ev.p.
58 and 158. Back
110 Ev.pp.
68 and 164. Back
111 Ev.p.
222. Back
112 Speech
given by the Chairman of Action 2000, 22 January 1998. Back
113 Speech
given by the Chairman of Action 2000, 22 January 1998. Back
114 Ev.p.
185. Back
115 Ev.p.
25. Back
116 Ev.p.
222. Back
117 Ibid. Back
118 Ibid. Back
119 Q.
142; Speech by the Prime Minister, 30 March 1998 on The Millennium
Bug. Back
120 Q.
142. Back
121 Speech
by the Prime Minister, 30 March 1998, on The Millennium Bug. Back
122 Ev.p.
233. Back
123 Ev.p.
235. Back
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