Tuesday 21st March 2017

(7 years, 1 month ago)

Public Bill Committees
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None Portrait The Chair
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Before I call the Minister, I point out—to save people’s blushes, I will not mention any names—that it has been suggested a number of times that phones should be switched off. Even text messages and emails should not be making what I would describe as a pinging noise. That is not acceptable and is unfair to other hon. Members.

John Hayes Portrait The Minister of State, Department for Transport (Mr John Hayes)
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Quite right, Ms Ryan. I am going to ensure that I do not ping, and that my Parliamentary Private Secretary does not ping on my behalf.

This morning we had a long discussion as well as a debate about the areas that the hon. Member for Birmingham, Northfield has once again this afternoon articulated: consultation, continuing consideration, dialogue and a willingness to listen and to change where necessary. Those themes have percolated throughout our consideration so far and seem to me to be part of the critique, led by the hon. Gentleman, that the Committee has offered of the Bill.

As with the preceding amendment, I start by saying that I fully endorse, and indeed support, this amendment’s purpose. It is absolutely right that the Bill, throughout its content, requires detailed further consideration as its measures find their effect. When we introduce reforms of this kind, of course it is important that they are reviewed, but I agree that although that might be regarded as axiomatic by some, it can never be said too often. The hon. Gentleman is right to emphasise it in articulating the amendment’s purpose.

We need carefully to craft our policies and regulatory framework. Doing so is the key to good governance. With respect to this clause, I can explain that I have no plans to change the current air travel deed. The system works well. The changes that we are introducing in the Bill are very much built on those elements of the system that we know are effective, time honoured and well tested. I feel that as Mr Gray has benefited from the wisdom of Edmund Burke, you should be able to also, Ms Ryan. Burke said:

“A disposition to preserve, and an ability to improve, taken together, would be my standard of a statesman.”

Even I would not claim to be a statesman, but I am more than happy to pay tribute to the statesmanlike way in which the hon. Gentleman has debated the Bill so far, and to his additional emphasis on those elements that I set out as necessary to ensure that we continue consultation and review the effects of what we do.

In the light of responses to our consultation last year, however, the Government propose to take the power to establish trusts, with the flexibility to make separate provision for different types of risks and different business models. That is very much in tune with what I said earlier about the evolving character of the market. It is an important change that needs to be reflected in an amended though not radically different regulatory regime. That regime should build on, in Burke’s terms, what we should preserve, but equally be fit for purpose in that it responds to changing conditions. An example would be the new, looser type of package arrangements called linked travel arrangements. We do not know how the industry will react to the innovation, or whether riskier products will result, requiring us to separate the trust arrangements. At our evidence session, Richard Moriarty from the Civil Aviation Authority said:

“it would be prudent and sensible for Government to have the flexibility to respond to that”—[Official Report, Vehicle Technology and Aviation Public Bill Committee, 14 March 2017; c. 65, Q150]

By “that” he meant those kinds of emerging trend changes.

With regard to consultation, I am content—indeed, more than that, I am enthusiastic—to give the hon. Gentleman a commitment that the Government will conduct a thorough impact assessment and consultation before implementing the powers. That is a binding assurance, and I am more than happy to support that in writing. It seems absolutely right to consider those matters in that way.

We have a good track record—I would never want to say that it speaks for itself, because then I would have no need to speak to it—and we can be proud of the fact that we have gone about the review thoroughly and diligently. I have already drawn attention to the workshops, the roundtable discussions, the extensive consultation and the response to it. By way of amplification of what I said earlier, we have also, against the background of the changes made in 2012 and as part of the consultation, asked again how the changes made affected business and changed practice, and whether they were right. It is important for the Government to ask such questions, to be self-analytical and, where necessary, self-critical. Moreover, the Civil Aviation Act 1982 places a requirement on the Government and the Civil Aviation Authority to consult under section 71A, so as well as my commitment there is a good legislative foundation on which it is built.

We also want to discover whether what we changed in 2012 better reflects market practice. Therefore, in our call for evidence on our long-term review of the ATOL scheme, when we consulted on the changes to be given life by the Bill, we were prepared to learn from any criticisms or suggested further changes that resulted. Each stage of the work has been subject to impact assessments and consultations, and the Civil Aviation Authority and the Association of British Travel Agents have commended the Government’s approach to reform, highlighting the diligence to which I have drawn the Committee’s attention.

At last week’s evidence session, Richard Moriarty said that he hoped the Government would

“follow the practice that they have followed today: consult with us, consult the industry, do the impact assessment, and so on.”––[Official Report, Vehicle Technology and Aviation Public Bill Committee, 14 March 2017; c. 65, Q150.]

The hon. Gentleman also mentioned that in his speech.

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John Hayes Portrait Mr Hayes
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I never want to be locked in anywhere—I do not know how the hon. Gentleman feels about that—but he is right. As he implies, there is a balance to be struck between getting the absolute protections that we want for our consumers who travel overseas, and allowing our businesses to move forward with certainty in planning their growth and development. To clarify, when I described my occasional visits to the Co-op travel agents in Spalding, I rather suggested that I journeyed abroad recreationally a great deal, but most of my family holidays are actually spent on the east coast of England. I do not really like moving far from the east coast—from Northumberland down to Kent. That is quite sufficient for me. I am a man of simple tastes. None the less, there are those who travel widely and regularly, and it is important that they are protected by the Government supporting the industry by underpinning an already strong system. The hon. Gentleman knows that that is our intention.

The Civil Aviation Act 1982 already confers a power on the Civil Aviation Authority to obtain information from persons, businesses and practice to determine whether there is a need to hold an ATOL licence. This is based around the existing scope of the scheme, which focuses on holidays offered to consumers in the UK. Clause 20 will extend the scope of the information powers to bring in the new scope of the ATOL scheme introduced through clause 18. Essentially, clause 20 reflects clause 18 in those terms, and is certainly consequential to it. In effect, the Civil Aviation Authority will have the power to obtain information from all businesses that are selling flight holidays in the UK, which is the existing scope, and UK-based operators selling to consumers in Europe, which is the extended scope. The practical effect of the clause is to make it easier for the Civil Aviation Authority, as the regulatory authority, to ensure that businesses selling holiday packages have the required consumer protection in place.

The hon. Member for Wolverhampton South West is right to say that, as we go through Brexit process, it is important that the improvements that we believe will come from the new European approach to these matters are not compromised. In a way, the improvements bring other countries in Europe up to a standard that we have enjoyed without any diminution of the protection offered here. That will probably be the net effect of that new regulatory environment. It is important that our departure from the European Union does not compromise that.

It would be well beyond my pay grade and outside my orbit to anticipate what the negotiations we are about to enjoy with the European Union will mean in respect of Brexit, and the hon. Member for Birmingham, Northfield and others on this Committee would not expect me to do so. However, it is clear to me that there is strong mutual interest across the European Union in maintaining a system that is consistent, reliable and comprehensible. Those seem to me to be the things that underpin the regime that Europe has been working to try to bring about and that Britain has long had. While I cannot anticipate the outcome of those negotiations, as the hon. Member for Birmingham, Northfield mentioned in his opening remarks, I can stress our determination to ensure that, for us and others, those protections will remain in place. Certainly we would not want to be in a circumstance where any holidaymaker from the United Kingdom was worse off than they are now.

Question put and agreed to.

Clause 20 accordingly ordered to stand part of the Bill.

Clause 21

Powers to designate premises for vehicle testing and to cap testing station fees

Andy McDonald Portrait Andy McDonald (Middlesbrough) (Lab)
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I beg to move amendment 24, in clause 21, page 16, line 5, at end insert—

“(c) must be accompanied by an assessment of how the designation would affect existing DVSA testing facilities and staff.”

This amendment requires the Government to review and report how any new designated premises may adversely impact existing DVSA testing facilities and staff.

It is a pleasure to serve under your chairmanship again, Ms Ryan. We move seamlessly to the issue of vehicle testing, and in particular the testing of lorries, buses, coaches and heavy goods vehicles, and the proposed move from centres under the control and ownership of the Driver and Vehicle Standards Agency to authorised testing facilities, with independent examiners remaining in the employ of the DVSA. That is the context, and I am assisted in that regard by the explanatory notes. I noted during the debate on the previous clause that, at the bottom of page 12, we have a paragraph 66 and then another paragraph 66—too many sixes. I wonder whether the devil is in the detail.

The Labour party does not have an issue in principle with the contents of the clause. However, we have concerns about the effects on existing DVSA testing facilities and staff of the increased movement from Government-owned testing facilities to privately owned sites. Our amendment therefore would ensure that the Government reviewed and reported on how any new designated premises or authorised testing facilities may adversely impact existing DVSA testing facilities and staff.

I am grateful to the Minister for writing to me specifically about this and for providing a reassurance that the Government will not close any DVSA sites unless other suitable local testing sites are available; that tests will continue to be conducted by DVSA examiners; and that the DVSA will still employ the examiners who deliver vehicle tests at private sector sites. However, that is not the entire story. We have been in contact with Prospect, the union that represents DVSA vehicle testing staff. Prospect supports our amendment, and it shared with us its members’ concerns about the Bill. It is clear that industrial relations have been far from perfect. Matters came to a head at the end of 2015 when industrial action was taken in a dispute about terms and conditions. Prospect states that the way in which the DVSA has conducted negotiations with staff working in vehicle testing centres has had

“an impact on existing staff and the attractiveness to potential new entrants”.

In the light of the Government’s intention in the Bill to migrate towards a new system, I urge the Minister to take those issues on board, because they have depleted staff numbers and resulted in the DVSA’s technically qualified staff being diverted from their roadside enforcement work to cover annual testing of heavy vehicles.

Peter Hearn, the DVSA’s group service manager for vehicle and testing services, explained to the Transport Committee in November 2015 that DVSA staff members working in vehicle testing had been forced to work overtime to manage workload while maintaining standards. Since the agency ended the practice of diverting roadside technical enforcement staff away from their work at the beginning of this year, the staff shortage has reached what Prospect calls a “critical point”, which has resulted in staff in northern areas of Great Britain being redirected to undertake annual testing activities in the south.

It is Prospect’s belief that, despite its members’ extraordinary efforts, the DVSA is paying authorised testing facilities compensation on account of failing to meet its contractual obligations to provide them with the staff to carry out testing. Accordingly, there is some concern that, in order to deal with the shortfall in staff numbers for ATFs, the DVSA is considering allowing delegated testing. There is a concern as to where that might lead. As was stated in the Transport Committee report into the work of the Vehicle and Operators Service Agency, the DVSA’s predecessor:

“The UK’s HGVs and PSV road safety record is testament to the high standards of VOSA’s testing staff and we would not like to see this undermined in any way”.

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John Hayes Portrait Mr Hayes
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I am grateful to hon. Members for their comments during this short debate. This is an important change. It is not in any sense designed to alter those things to which the Select Committee referred and to which the hon. Member for Birmingham, Northfield drew our attention. I, too, have read that report. He is right in saying that the Select Committee was supportive of the quality of what is offered. That is something we value too and certainly would not do anything to dilute.

The other thing to say at the outset, before I move to the substance of my remarks, is that we have consulted on these matters, before introducing the Bill, as the hon. Member for Wolverhampton South West will know. We consulted in the motoring services strategy in 2012 and again in 2016 as part of the DVSA business plan. Many private sector premises such as haulage firms or bus depots have facilities from which they carry out vehicle maintenance. Some have invested in premises to provide these facilities.

To date, we have 581 private sector sites and around 96 DVSA sites. To deliver vehicle testing services from those premises could save the DVSA a great deal of money in reservation costs, because some of the DVSA sites are quite old and require further work. To give an illustration for the sake of clarity, the cost of renovating DVSA properties in 2007-08 was £25 million. That was 10 years ago, and many of them are due a refit. This measure would mean that they would not have to have one, so there are good reasons for doing it, and we have consulted on it before doing so. However, the hon. Member for Middlesbrough posed important questions, which I want to deal with one by one.

First, delegated testing would require primary legislation, and we do not intend to bring it in—the hon. Gentleman can be confident about that. Secondly, as he said—and it deserves repeating—all tests will continue to be carried out by authorised examiners. The number of examiners has increased slightly over the past few years—there were 27 new posts in 2016-17—to reflect demand. I know, because I asked many of these questions when we were considering the Bill, that it is true that we sometimes move people around to deal with local demand. As demand percolates through different parts of the country there is some peripatetic use of inspectors, because the supply of tests has to meet local demand.

I take what the hon. Gentleman said about recruitment and staff terms and conditions very seriously. As a result of what he said—this is not pre-planned—I will meet representatives of staff such as trade unions and others, to discuss those queries. As he well knows, I am an enthusiastic trade unionist and a strong supporter of the trade unions. If there are concerns, it is right that they are aired and that the Minister hears them personally and directly; I will do that as a result of what he said today.

Let me now go through this matter in greater detail, and address the amendment in particular. All Governments set out their ambitions at the outset, and establish strategies for the Departments that comprise their whole. The agencies of the Department for Transport, including the DVSA, were missioned to make savings as part of that future strategy. The whole Government took a view that the Department might benefit from being examined and reviewed, with a view to making savings where we could do so without compromising the quality of what is provided to the public in the Government’s name. That clearly involved opportunities to work in partnership with the private sector and to utilise local facilities; the use of local facilities for the delivery of vehicle tests is a good example of that.

As I said, this approach was considered and consulted on in 2012, and more recently in 2016, so planning has been under way for some time. The partnership approach, where the DVSA provides vehicle examiners to deliver tests but the private sector provides facilities, has worked well. It is now well established and popular, with some 581 private-sector premises delivering local vehicle-testing services across the country. Many more sites than the original 96 DVSA ones allow for quicker, more convenient and easier access for those who need to get vehicles tested; however, the hon. Gentleman is right that that needs to be married with the availability of people to do the tests. It is all right, but we need the people to carry out the inspections. I think I have assured him that we are aware that demand can sometimes be patchy. It is stronger in some places than in others, with seasonal variations to cope with, too. However, he can be certain that the measures in place to ensure that vehicles are tested properly, reasonably speedily and conveniently will continue to underpin our approach, notwithstanding what I said about agreeing to speak to staff and their representatives.

My ambition for this part of the Bill is to build on existing, well-established good practice, to reflect the advice we have had from the consultations, to maintain the standards necessary to guarantee proper safety and so on. It is therefore not clear that we need to include in the clause the requirement set out in the amendment. It might be too restrictive for the Government and might duplicate work that has already taken place on the future planning and strategy of the direction of the DVSA, given, as I have said, that it has been planned for a long time, strategised and consulted on.

Again, not for the first time, I repeat that I understand why the amendment has been tabled and I appreciate the spirit of the arguments. As previously, I am in accord with the objectives the hon. Gentleman set out. I am happy to consider any further steps that need to be made as a result of discussions with staff. I want to make it categorically clear that there are certainly no plans for compulsory redundancies or reductions in staff numbers of the kind that it was perfectly reasonable for him to ask about. I think the change can therefore be said to be reasonable, sensible, measured, properly planned for, and in the end, efficacious.

Drew Hendry Portrait Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)
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I have a few short thoughts for the Minister. I heard about the ambition to maintain standards, but we are concerned about the selling off of state-owned facilities if the primary aim is to save costs—particularly when looking at the acknowledged high standard of the work carried out by the existing facilities. I am seeking further assurances from the Minister that, when it comes to the work done by DVSA examiners and the very high standard applied by the Vehicle and Operator Services Agency, those standards will be maintained in future, and we will see some evidence that that will be regulated and maintained.

John Hayes Portrait Mr Hayes
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I will happily give that assurance. We will absolutely maintain those standards; there is no intention or suggestion that we will drop them. There is a regulatory mechanism for ensuring that the standards are as they ought to be. I am happy to include that in my next missive, which will be dispatched to the Committee without delay.

To offer the hon. Gentleman further reassurance on his first point, and to repeat what I said in my letter to him, the DVSA will not close any of its own sites until suitable local private sector provision is found; there will be no obligatory closure of sites. I know what he might be thinking—I do not want to put words in his mouth—but we certainly would not want to find parts of the country where people currently enjoy the ability to have their vehicles tested bereft because of the absence of an appropriate site. That will not happen. The use of private sites has so far enabled us to find a better spread. I imagine that is important for areas like his; it certainly is for areas like mine.

Andy McDonald Portrait Andy McDonald
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I am grateful to the Minister for his comments and reassurances. I am curious about the capital receipts that may flow from the disposal of 96 DVSA sites; they will be considerable. There will also be a saving on renovation costs, which seems eminently sensible. I am reassured by what he said about delegated testing requiring primary legislation and, furthermore, about the Government having no intention of bringing that forward.

The Minister commented on the peripatetic use of inspectors; that underpins my remarks about the good will that has been deployed, in terms of the staff’s willingness and ability to go the extra mile—literally, because they have been deployed around the country. I am not entirely enthusiastic about seeking leave to withdraw my amendment, but I have heard a great deal from the Minister. He has reassured me that the issue has been properly considered in DVSA’s future planning and strategy, and perhaps more importantly, he has given his undertaking to meet with staff, and if they and he jointly conclude—or one or other concludes—that this sort of mechanism is worthy of reconsideration, we could revisit this, if it were thought necessary.

John Hayes Portrait Mr Hayes
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Having sent a minor shockwave through my officials—they did not know that I was going to offer to meet the staff—maybe they need another one: I think we should do that before the passage of this Bill is concluded, as it is absolutely right that the hon. Gentleman and the staff should be aware that the engagement we have with them on these changes is meaningful. I happily commit to that, too. I do not want to meet them at some distant future point; we want to do so in the context of these changes.

Andy McDonald Portrait Andy McDonald
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I am extremely grateful, and that tips it: with those reassurances and remarks, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 21 ordered to stand part of the Bill.

Clause 22

Offence of shining or directing a laser at a vehicle

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Rob Marris Portrait Rob Marris
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I want to make a minor point to the Minister about the wording. Line 41 in clause 22(2) states:

“It is a defence for a person charged with an offence under this section”.

Why do we need the words “charged with an offence”? Surely one often gives the defence before one is charged. It might happen afterwards, but it could also happen before they are charged, so it is kind of circular. We do not need that wording. It does not add anything but it subtracts, so I suggest to the Minister—I know he likes his wording to be exact—that the words “charged with an offence” be removed.

I repeat what I said in my intervention on my hon. Friend the Member for City of Chester. I think that clause 22(1)(a) should read, “he or she without good reason”, to give flexibility. Scenarios that we cannot yet envisage could develop. Besides the scenario mentioned by my hon. Friend, there might be another good reason, such as traffic control technology, so we should have that flexibility.

John Hayes Portrait Mr Hayes
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This has been an interesting, short debate on an important subject. The Government are responding to a threat by legislating. It is not yet clear how extensive the threat is, but it is certainly serious and probably growing. A small number of people have been convicted thus far under existing legislation.

I draw the Committee’s attention to the existing powers, which deal in part with the concern of my hon. Friend the Member for Wycombe about aircraft. It is already illegal to cause risk or endanger safety or life in respect of aircraft. The existing legislation allows the forces of law to apprehend anyone who does that by whatever means, including through the use of the technology under discussion. However, the Government clearly feel that we need to go further, which is why we are introducing the new provisions.

Before I move to the substance, the semantics matter and I will consider the points made by the hon. Member for Wolverhampton South West. Those would be small, technical drafting changes, and I will make further inquiries about whether they are necessary. My inclination is that his second suggestion is probably not necessary, but I will look at both of them. He is always diligent and assiduous in concentrating on such matters, and that deserves a reasoned and reasonable response.

On the business of taxiing, I want to be clear that the wording of the proposed legislation mirrors that in the Air Navigation Order 2016, which includes taxiing. The reference to

“a vehicle being in the course of a journey”

includes taxiing aircraft because that is part of the course of its journey. We are advised that the application of the provisions would not be in doubt.

Andy McDonald Portrait Andy McDonald
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I hear what the Minister says, but will he turn his attention to clause 22(6)? It states:

“For the purposes of subsection (5)(a) an aircraft is in flight for the period…ending with the moment when it next comes to rest after landing.”

As we heard in evidence—right hon. and hon. Members will correct me if I am wrong—there are various moments in the aircraft’s journey when it has landed that it can come to rest. Many of us will have experienced sitting on an aircraft when it has first landed, waiting for a gate to be made available. We need to be precise about that. I want to ensure that when it comes to rest after landing, the aircraft gets safely to its berth at the point of disembarkation, and that it does not just sit on a landing strip or, having taxied so far, still have a journey to make. If that is the existing definition, I respectfully suggest that it requires some thought and attention, because it is not clear to me. We are here to try to make things crystal clear.

John Hayes Portrait Mr Hayes
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That is an interesting intervention. I will discuss the matter with draftsmen, of course, but I incline towards the view that “finally comes to rest” might be clearer. That would deal with the exact circumstances described by the hon. Gentleman.

Kit Malthouse Portrait Kit Malthouse (North West Hampshire) (Con)
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Presumably the Minister could make clear that the Government intend the word “rest” to imply that the engines are turned off and that the entirety of the journey is, therefore, complete.

John Hayes Portrait Mr Hayes
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That is also a good point. I want to reflect on those semantics. It does not seem unreasonable to be absolutely clear about that. I need to speak to parliamentary draftsmen and others about it, because we need to get it right. I can see why hon. Members are raising the issue. It is not a matter of substance or policy, but one of the application of the detail of something that we all agree needs to be done.

Christian Matheson Portrait Christian Matheson
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I do not wish to detain the Committee much longer. In support of the position of my hon. Friend the Member for Middlesbrough, my concern is that primary legislation trumps secondary legislation so, irrespective of what might be said in the Air Navigation Order, even if the language of the Bill is a bit woollier, that will take precedence. I am grateful for the Minister’s commitment to speak to his draftsmen.

John Hayes Portrait Mr Hayes
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I will now give way to the hon. Member for Wolverhampton South West.

Rob Marris Portrait Rob Marris
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I am grateful because my point marries with his. May I suggest that at the end of subsection 5(a), the final word “flight” is replaced with “movement”? Then we would not need the other stuff. The subsection would cover not only passengers disembarking after waiting on the apron and being moved on but the aircraft being moved into a hangar.

If someone shone a laser at a pilot driving an aircraft on the tarmac, that very big vehicle could do a lot of damage to other people, even if all the passengers had disembarked and there was only one pilot on board. It is not simply a matter of the passengers getting off; aircraft taxi into hangars and so on. If the Minister changed “flight” to “movement” and junked the rest, I think he would be all right.

John Hayes Portrait Mr Hayes
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Yes. I do not want to examine this matter exhaustively. Those are all well-made points. Our desire is to ensure that, whatever we do, the provision works in concert with existing law, is fit for purpose, does what it is supposed to and takes account of a range of eventualities in which mischievous or, more worryingly, seriously malevolent activity may take place. I will think about the exact semantics and speak to parliamentary draftsmen. I hope hon. Members will bear with me while I do so.

This is a new area of work, though it builds on good existing practice. I have mentioned the legislation, the navigation orders and so on, and the Aviation Security Act 1982, to which I referred when I spoke about the existing offence of any person unlawfully or intentionally endangering the safety of an aircraft in flight. By the way, I remind my hon. Friend the Member for Wycombe that the penalty under that Act is life imprisonment. It is, of course, a very serious offence, for the very reasons that several hon. Members have offered. Its consequences could be dire. All crime is serious and violent crime more so, but this could be a crime of catastrophic proportions. It is important, therefore, that we give it serious attention and concentrated and diligent scrutiny, which this Committee has.

Let me now speak about the amendments. I can tell by the way they are written and have been spoken to that they are designed to improve the legislation. I do not think there is any doubt about that. We all understand that this matter requires the Government’s and Parliament’s attention.

Amendment 25 creates two freestanding offences. First, it would make the act of shining or pointing a laser at a vehicle an offence in itself. Secondly, its subsection 1(b) would bring into the scope of the clause a new offence of shining a laser at fixed installations, such as traffic control towers. The effect of amendment 25 would be that prosecutors did not need to prove that the person in control of the vehicle had been dazzled or distracted; it would make the act of pointing or shining a laser at a vehicle an offence in itself.

I offer this not to be excessively critical but to be analytical about the amendment. The amendment might inadvertently capture the directing of lasers at driverless vehicles, such as with automated light meter systems. In such a circumstance, it would be difficult to prove harm because the person would not physically be at the controls of the vehicle. A further effect would be that the amendment captured those who did not seek to cause harm. I qualify that by echoing what the hon. Member for City of Chester said—I have rarely known him contribute to a Committee of this House without doing so sensibly. It is hard to imagine a circumstance in which someone would shine a laser at a vehicle without at least mischievous intent. That is why I chose the word that he used. Whether they would be intending to do harm is, from a legal perspective, a slightly different matter but, as he suggested, it is certainly fair to say that they would not be there to do good.

I can understand why the amendment has been tabled, but I want to emphasise that, in introducing this provision, we are mindful of the need for clarity in terms of enforcement. To some degree, we are breaking new ground—albeit on a base of good legislative foundations—and I want to be confident that we could enforce the measure. There can be no room for anything that is not tightly drawn or carefully directed.

Andy McDonald Portrait Andy McDonald
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The Minister describes a circumstance in which the amendment would inadvertently draw people into this offence. Is the answer to his query not in subsection (2), which states that it is a defence for a person charged under this section to show that they did not intend to commit the offence?

John Hayes Portrait Mr Hayes
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If we imagine that someone is using a laser to attract attention in a way that is not designed to be malevolent, it is not inconceivable that, if we drew up the legislation in a broad way, they might be captured by its scope. There has to be proof of malevolence at the heart of what we do. That is why the proposals are—

Rob Marris Portrait Rob Marris
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Will the Minister give way?

John Hayes Portrait Mr Hayes
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I want to make progress, but I will give way briefly.

Rob Marris Portrait Rob Marris
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The Minister is overlooking the concept of recklessness. It is not simply malevolence; it can be recklessness—reckless endangerment. One has to take that into account.

John Hayes Portrait Mr Hayes
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That is true, but the example I gave of someone trying to attract attention in distress would be neither malevolent nor reckless. One thinks of laser flares, for example, which could be used for both reckless and malevolent purposes but are not designed for that, any more than a handheld laser is. We are not in the business of creating legislation that could be misapplied, or the enforcement of which was compromised by the breadth of definition.

Alan Brown Portrait Alan Brown
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Will the Minister give way?

John Hayes Portrait Mr Hayes
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I am happy to give way, but then I do want to move to the substance of my remarks. These were my exciting and relatively pithy introductory remarks.

Alan Brown Portrait Alan Brown
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I thank the Minister for giving way. He says that he wants the regulations to be enforceable and practical, but in clause 22(1)(b) we read the phrase:

“the laser beam dazzles or distracts a person with control of the vehicle”.

I would suggest that that is going to be hard to enforce. It is a question of proving that the owner or the person in charge of the vehicle was dazzled or distracted. To me, taking that out makes the regulations more practicable and more likely to be enforceable.

John Hayes Portrait Mr Hayes
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As we were enjoying this interesting debate, I wrote that to learn to speak takes a couple of years for most of us, and to learn to listen takes a lifetime for almost all of us. I am inclined to share this with the Committee. Listening to other people’s perspective on this will help me to frame my own. That is how Committees should be. I have always taken the view that in this House, the purpose of democratic exchange is to help shape the thinking of Ministers and governments. Governments who fail to know that fail to learn it over lifetimes, and one might say that their lifetimes are the worse for it so I am, of course, mindful of the sense of what has been said.

Andy McDonald Portrait Andy McDonald
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Will the Minister give way?

John Hayes Portrait Mr Hayes
- Hansard - - - Excerpts

I will, but I do want to move on to the substance, otherwise my hon. Friend the Member for Thurrock will think I am not being pithy, and then I will get into all kinds of trouble.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I will be as pithy as I can possibly be. I am trying to help the Minister here. With the reintroduction of the concept of dazzling, we are back in the conundrum that existed in previous legislation, with the concept of endangerment. That was the difficulty; commentators were saying that the offence is committed by simply doing it. To have to establish endangerment is a bar too high, and it removes the very scenario that I am trying to describe. Hence my suggestion of the removal of the concept of dazzling.

John Hayes Portrait Mr Hayes
- Hansard - - - Excerpts

Yes, but there are two things to say about that. I will move to the substance. By the way, the dividing line here can be shortened as a result of the length of my own introductory remarks. The dividing line is where there is a real potential for harm. We do not want to capture instances in which harm is not likely to arise, whether as a result of malevolence or recklessness. We have not heard evidence that police find it difficult to show that someone has been dazzled or distracted. Indeed, the opposite is true. The police are clear that they can identify when someone has been dazzled or distracted, almost ipso facto.

I will now move to the amendments. If there is time at the end then I shall be more than happy to take further interventions, but my generosity has been proven by the number that I have taken so far. I do not need to re-prove it. This group of amendments relates to the offence covering the misuse of lasers, as we have said. I will now speak directly to amendment 25 because it speaks to the principal focus of the clause, which is to protect transport operators and the public. The Government’s priority is, I have made clear, to ensure that we maintain high levels of transport safety across all modes of transport in the UK, and that is what we propose to do. Clause 22 addresses an important gap in legislation, and seeks to improve the ability of police and prosecuting authorities to investigate and prosecute the misuse of lasers. That much is clear.

Article 225 of the Air Navigation Order 2016 makes it an offence to

“shine any light…so as to dazzle or distract the pilot”.

The police are concerned that this provision does not provide the necessary power to tackle and adequately investigate an offence. I will explain further. As a summary offence that is triable in a magistrates court, it provides the police with powers of arrest only. It does not provide the powers to search a person or property after arrest, nor enter a property for the purposes of an arrest. Together with the fact that there is no specific offence covering the use of lasers against other modes of transport, those are the gaps that we are seeking to address here. This both extends the police’s powers in a measured but what seems to me apposite way, and covers other modes of transport. We have heard about some of those. They can be almost as wide as there are modes of transport.

The offence that we are creating gives police the powers needed to investigate an offence, enabling them to use powers to enter a property for the purposes of arrest and to search a person or property after arrest. The Government believe that, while amendment 25 seeks to address the problem, it goes further than is appropriate. The offence we are creating would specifically address the risk of harm—that is the point I made a few moments ago—as a result of shining a laser that dazzles or distracts the person physically operating a vehicle. The British Airline Pilots’ Association, which we heard from in evidence, said that in the case of aviation, the illumination of a cockpit from the act of pointing or shining a device, and by dazzling or distracting a pilot, creates the risk of an accident.

--- Later in debate ---

Division 1

Ayes: 8


Labour: 6
Scottish National Party: 2

Noes: 9


Conservative: 8

None Portrait The Chair
- Hansard -

Amendment 27 accordingly falls.

Clause 22 ordered to stand part of the Bill.

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Richard Burden Portrait Richard Burden
- Hansard - - - Excerpts

I beg to move amendment 28, in clause 23, page 18, line 22, at end insert—

“(6A) The Secretary of State must collect and publish quarterly statistics relating to fixed penalty notices and diversionary courses, including—

(a) the number of persons issued with a fixed penalty notice after attending a diversionary course,

(b) a breakdown of the number of persons under subsection 6A(a) by police and crime commissioner geographical area.

(6B) The Secretary of State must publish a review into the diversionary courses in place of the issuance of fixed penalty notices, which includes—

(a) effectiveness in improving driver education,

(b) impact on road safety and incidents.”

This amendment requires the Government to collect and publish statistics about reoffending rates for persons issued with fixed penalty notices after a diversionary course and to review the impact and effectiveness of diversionary courses in place of fixed penalty notices.

We now come to yet another subject area in the Bill, which is that of courses offered as an alternative to prosecution. The clause makes a change to the Road Traffic Offenders Act 1988 that would provide the legal basis for policing bodies to charge a fee to a person who enrols on a course offered in England and Wales in relation to a fixed penalty notice.

The amendment seeks to achieve two reasonable things. First, it would require the Government to collect and publish statistics about reoffending rates for persons issued with fixed penalty notices after a diversionary course. The second purpose is to review the impact and effectiveness of diversionary courses in place of fixed penalty notices.

I start from the premise that all members of the Committee, the Government, the police, the crime commissioners and all chief constables want our roads to be as safe as possible. We have some of the safest roads in the world, but as the Transport Committee and road safety campaigners—unanimously—and the Labour party will recognise, progress has stalled rather worryingly since 2010. The latest rolling figures show that there has been no reduction in total road deaths and a 2% increase in serious casualties in the past 12 months alone.

Clause 23 is simply a technical change that will clarify existing practices of policing bodies charging a fee to a person who enrols on a course offered in England and Wales as an alternative to a fixed penalty notice. The amendment does not waste the opportunity critically to consider the effectiveness of diversionary courses and fixed penalty notices within the context of our stalled progress on road safety. By publishing reoffending rates statistics by police and crime commissioner area, we will be able to see for ourselves the effectiveness of different practices across different regions. That would in no way encroach on the operational independence of any police force but would allow a route to finding best practice. It would also go some way to help the second aspect of our amendment, which would require the Government to review the effectiveness of diversionary courses.

It is imperative that there is some founded basis on which to establish whether these courses are worth while and, if so, how much. I recall that at a recent Westminster Hall debate on road traffic law enforcement, the Minister’s transport colleague, the Under-Secretary of State for Transport, the hon. Member for Harrogate and Knaresborough (Andrew Jones) assured us that fixed penalty notices are

“an effective way to proceed.”—[Official Report, 23 February 2017; Vol. 621, c. 493WH.]

However, a subsequent written answer, which I received from the same hon. Gentleman, made two very interesting points. First, he clarified that the Department for Transport has

“no record of how many participants have since reoffended”.

That is, since taking such a course. Secondly, the answer went on to say that the Department is commissioning research with the Road Safety Trust to

“look at a number of aspects of the speed awareness course, including the impact of the courses on reoffending rates”.

Can we assume from that written answer that collection of such statistics will start promptly? Does the Minister know whether the collection of those data has started? Otherwise, what is the value for taxpayers of commissioning research when we simply do not know the reoffending rates for people who have been on diversionary courses, nor whether the rate at which drivers involved in serious road incidents attended a course?

I will end my argument by accepting that collecting such data would by no means be a silver bullet to kick-start the stalled progress that has been made towards safer roads. The Government could take on board our call to reinstate national road safety targets, which coincidentally were scrapped at the same time as road safety stagnation. Perhaps that could be considered at a later stage of the Bill.

The Government might also want to heed the warnings about the capacity we have these days to enforce our laws effectively. According to the response to my written question on 1 February, official figures show that since 2010 the number of police officers outside the Met who have road policing functions has fallen from 5,337 to 3,436. That is a cut of around a third. If forces do not have the resources to do their job effectively, all too often it is the road traffic policing that falls off the end of the list of priorities. As the Institute of Advanced Motorists has summarised perfectly, falling levels of enforcement risk developing a culture in which being caught is seen as a matter of bad luck rather than of bad driving.

If we want to return year-on-year falls in road casualties, it would be worth while approving the amendment today, so that we can have a clearer evidence base on which to make decisions about how far fixed penalty notices or diversionary courses should be used. We also need to consider what more can be done on the enforcement of our existing laws, so that we can ensure that the Bill exploits the opportunities it has to improve the situation, rather than waste them.

John Hayes Portrait Mr Hayes
- Hansard - - - Excerpts

It will come as no surprise to the Committee to hear that I have always believed that what we imagine is more important than what we know, for it is in our dreams that we create. For those reasons, I am inclined to a largely emotional view of the world, but there are matters that require an evidential approach of the kind the hon. Gentleman recommends, and this is one of them. It is important that we evaluate the effectiveness of these courses. The case was made by the hon. Member for Middlesbrough on Second Reading, and the hon. Member for Birmingham, Northfield has repeated that case today. I have exciting news for them both and for the whole Committee. I will refer to my notes in a moment, but I do not want to be constrained by them too much.

The Department, in conjunction with the Road Safety Trust, has commissioned an evaluation of national speed awareness courses. As the hon. Gentleman will know, this is only one of several courses offered, but it covers about 85% of those who offend. The evaluation methodology will be suitable for the future evaluation of other schemes. Because the hon. Gentleman will ask me, I will tell him in advance that the research is examining course impact, including reoffending and reconviction rates and collisions. That will therefore provide analysis of the data requested in new subsection (6A) of the amendment. In fact, the amendment suggests a one-off basis, but I want to do this on a continuing basis. I expect the final report to be presented to the project board no later than the end of this year.

The project board overseeing the work includes representatives from the Department for Transport, the Driver and Vehicle Licensing Agency, the Road Safety Trust, the National Police Chiefs’ Council, the Parliamentary Advisory Council for Transport Safety and the RAC Foundation. The project team has worked hard to ensure that appropriate and rigorous data processing arrangements are in place to enable data transfer between the police, the DVLA and Ipsos MORI, which is the organisation we have commissioned to do the work with those organisations.

So the data reflect the proper enquiries of members of the Committee, including Opposition Members, about how we test the effectiveness of these approaches, and, as a result, negate the need for proposed subsection (6B). On proposed subsection (6A), I agree with the underlying premise that we should be as open as possible in publishing statistics about public sector activity. There is always a balance to be struck between the publication of such material and the administrative and bureaucratic burden placed on agencies, including the police and associated bodies, because the task of recording the issue of a fixed penalty notice to someone who has previously attended a diversionary course will fall to the police.

Although figures on fixed penalty notices are already collected and published by the Home Office, data on diversionary course attendance are not. Precisely because forces divert people away from the criminal justice system, data on course attendance are compiled and published by UKROEd Ltd, the organisation that approves and co-ordinates course delivery. It is thus not clear how we will be able to satisfy the requirements of the proposed amendment without increasing the burden of data collection.

We have also at the present time not considered whether the police’s current IT systems will be able to capture and record the information being requested. Further work will need to be done to determine whether that can be done and how much it would cost. I further note that the Home Office currently publishes police powers and procedures statistics that include data on fixed penalty notices annually. Proposed subsection (6A) calls for quarterly statistics, which would place us in the odd position of publishing quarterly details on a subset of offenders who had previously taken a course and only publishing annually the overarching group of those issued with a fixed penalty notice. I know that is not the intention of the amendment, but that would be its effect.

So the addition of subsection (6A) would, as explained, have an unspecified and so far uncalculated cost effect on the police. It would require recording a great deal more information, and its publication in the form proposed in the amendment would create—I accept that this is not its intent—an anomaly. Therefore, given that we have committed to evaluating the effectiveness of courses, and that we are concerned about the detail of subsection (6A), I do not think that it would be unreasonable to ask the hon. Gentleman to withdraw the amendment.

I want to go further than that, however, because I have some doubt anyway about the business of maintaining in perpetuity a database of people who have been on the courses. Many people who receive a fixed penalty notice go on a course, and there would be questions to be asked about whether those data should then remain on record in perpetuity. That would be a very significant step to take and not one that I think would be universally welcomed. There are some data protection issues that we would need to explore at some length were we to go down that road.

--- Later in debate ---
Richard Burden Portrait Richard Burden
- Hansard - - - Excerpts

I hope that I can set the Minister’s mind at rest about the collection and holding of data. The data that I am referring to is anonymised; it is not data that will identify individuals. I am grateful for his comments about proposed subsection (6B) and the commissioning of research in conjunction with a number of road safety bodies. That is not new, because his colleague the Under-Secretary of State for Transport, the hon. Member for Harrogate and Knaresborough (Andrew Jones), confirmed in an answer to me that research would be done on the effectiveness of diversionary courses, including reoffending rates.

The nagging question for me is: how do we reach any conclusion on the effectiveness of diversionary courses on reoffending rates unless we collect the data on those rates? I simply do not see how that research can be done to achieve any results unless those data are collected. If the proposal created an administrative burden on police forces, and I do not believe that it would be hugely onerous, it would be in terms of the collection of the data rather than their publication. We need to know how good those courses are at stopping people from reoffending and thereby getting fixed penalty notices. To me, that is a basic requirement of the information required to assess the effectiveness of diversionary courses. That is the purpose of the amendment. It is a simple request, and for that reason I want to press the amendment to a vote.

John Hayes Portrait Mr Hayes
- Hansard - - - Excerpts

Let me make one final attempt to persuade the hon. Gentleman that we are in the same place on this matter. I am grateful for his assurance about anonymised data, but it is hard to know how we could analyse data until course and penalty data had been married up, and of course the fixed penalty will precede the course. I entirely agree with him about the measure of effectiveness, which is why we have commissioned the work. Of course that is right, and I am very surprised that it was not done before, because such diversion courses have been going for a very long time, as he will know. It seems absolutely sensible that we should check whether they are having an effect; it would be odd not to do so. We will therefore do that, and people can tell from what I said earlier that it is a thorough and studious piece of work, engaging organisations of a range of types, all of which have both expertise to bring to bear and an interest in these matters.

I do not think that there is much difference between us here. It may well be that the research necessarily samples data in the way that research into this kind of thing does. That is quite different from routinely collecting the data, in a way that proposed subsection (6A) would necessitate. I understand the principle and the intent, but the collection of these data on a routine basis with systems that may not yet be capable of marrying all the material together, and at an uncertain cost, is not something that I could commit to now, and I am not sure that the hon. Gentleman would do so if he was standing in my shoes.

Question put, That the amendment be made.

Division 2

Ayes: 6


Labour: 6

Noes: 9


Conservative: 8

Clause 23 ordered to stand part of the Bill.
--- Later in debate ---
Rob Marris Portrait Rob Marris
- Hansard - - - Excerpts

May I ask the Minister briefly to give us a bit of an explanation of schedule 5, because I cannot see it in the explanatory notes—maybe I have overlooked it—and it runs to nine pages, covering various things such as limitation periods, which are rather important? Can he briefly talk through the nine pages of schedule 5, which of course come under clause 24?

John Hayes Portrait Mr Hayes
- Hansard - - - Excerpts

Why be brief? The Bill introduces a new framework for the Transport Act 2000 governing the new licensing regime for regulation of the provision of air traffic services. Without making the “minor and consequential amendments” detailed in part 2 of the schedule, we would not have a coherent new licensing regime.

With one exception, all the consequential and minor amendments are made to provisions of the Transport Act 2000. Most of the amendments amend the Act to ensure that the nomenclature is aligned and compatible with the new legislative framework. A couple of the amendments introduce specific aspects of parallel modern licensing frameworks, for example to ensure that the regulations can make anti-avoidance provision in the event that there are attempts by a regulating entity to avoid proper oversight. Part 2 of schedule 5 also amends a single provision in the Enterprise and Regulatory Reform Act 2013, to ensure that the Competition and Markets Authority can properly determine appeals against civil aviation authorities’ licence modification decisions.

Without making these minor and consequential amendments, we would not have a coherent limitation regime in effect across Great Britain, for example, regarding automated vehicle accidents. Inserting provisions into the Limitation Act 1980 provide a clear new time limit on actions regarding automated vehicle accidents. Automated vehicles bring together two existing limitation regimes: product liability and personal injury. Although the measures do nothing to change those regimes, they could potentially conflict with each other or cause confusion where automated vehicle accidents are concerned. The amendments will avoid uncertainty arising from the difference between the existing limitation periods relating to product liability and personal injury.

Rob Marris Portrait Rob Marris
- Hansard - - - Excerpts

The Minister is much more expert than me, but the way I read it, it seems that the wording of schedule 5 means that the existing personal injury limitation periods take precedence over the consumer product liability limitation periods. There is a clash and it has to be resolved one way or the other. My understanding is that schedule 5 resolves it in favour of the personal injury limitation period, rather than product liability. Will the Minister confirm that, or perhaps tell me that I am misunderstanding it?

John Hayes Portrait Mr Hayes
- Hansard - - - Excerpts

I think that that is right. If it is not, I will correct that in writing. That is how I read it too. I will double-check and if that is not the case, I will correct that point subsequently.

Similar changes are being made to the Prescription and Limitation (Scotland) Act 1973 to take account of specific limitation powers in Scottish law, calibrating the measures across Great Britain. Schedule 5 will also insert provisions into the Road Traffic Act 1988, which extends the compulsory motor insurance requirements for third party risk to cover automated vehicles. That will include the disengaged driver, where the accident takes place when the vehicle is in automated mode. Without that change, our new liability framework could not function properly.

With that brief, but I hope sufficient, explanation of the first and second parts of schedule 5, I hope we can move on with alacrity and in the spirit that has prevailed so far.

Question put and agreed to.

Schedule 5 accordingly agreed to.

Clause 25 to 27 ordered to stand part of the Bill.

None Portrait The Chair
- Hansard -

We now come to new clause 1. As neither of the signatories to the new clause is present, that new clause falls.

We now come to new clause 2, with which it will be convenient to consider new clause 8. However, the signatories to new clause 2 are not in the room, so that falls, and we will take new clause 8 in order after new clause 7, as that has been tabled by the Opposition Front-Bench team, who are present. We now move on to new clause 3.

New Clause 3

Strategy for encouraging uptake of electric vehicles

The Secretary of State must, within 12 months, lay a report before Parliament setting out a strategy to further encourage the uptake of electric vehicles in the United Kingdom.

This new clause would require the Secretary of State to bring forward a broader Government strategy to address the issue of encouraging the uptake of electric vehicles in the United Kingdom.(Richard Burden.)

Brought up, and read the First time.

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Richard Fuller Portrait Richard Fuller (Bedford) (Con)
- Hansard - - - Excerpts

I am grateful, Ms Ryan, for your permission to say a few words to encourage the Minister not to be persuaded by the well-meaning nonsense being peddled by Opposition Members, with this re-bubbling commitment to the all-seeing omniscience of Soviet or socialist planning that ascribes to Government powers that, I think experience has shown, are well beyond their ambit: to foresee, invest and direct the resources of the nation in the direction of what might, today, be the most inspired strategy but tomorrow might be ashes around the Minister’s feet.

John Hayes Portrait Mr Hayes
- Hansard - - - Excerpts

Perhaps I can begin where my hon. Friend concluded. My admiration and, I might say, deep affection for him has never allowed me to be persuaded more than I need to be by the argument he makes for unbridled freedom. We have known each other for a long time and he is right that the Government should not go too far, but I think I disagree with him on the margin, in the context of that deep affection. The Government sometimes need to go a little further when change of the kind we are envisaging brings with it an immense opportunity but also risks. Where the Government are mitigating the effect of those risks on the people we represent, they need to get involved. I look, therefore, to form a middle road between the Opposition and my hon. Friend because, as is well known, I am an extremely moderate man.

My dream—at the heart of all men’s existence, is a dream, as Chesterton said—translated as my political mission, which began in infancy, is to prevent many things from changing but, when they do, to help to shape them and, when they must, to help to ensure that they have the most efficacious and virtuous possible effect. So it is with this technology.

My hon. Friend is right—I must not flatter him too much—that this market will develop in ways that we can barely now envisage. To have too clearly defined a plan would not be wise; it would be just about possible, but it would certainly not be right. None the less, we would not be bringing this Bill forward if we did not think that Government had a part to play, not only in facilitating beneficial change, but also in ensuring that what we do does not constrain it. For example, the amendments deal with the difference we are trying to make in respect of charging infrastructure for electric vehicles. The Bill is designed to allow the market to be the best it can be, rather than to dictate the future in a way that my hon. Friend and I would not wish to do.

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Steve Baker Portrait Mr Baker
- Hansard - - - Excerpts

I would like to apologise to the Minister and the Committee for not being here to move new clauses 1 and 2. They were only probing new clauses to explore those subjects, and I am grateful to him for referring to them now. If it is at all possible, I would be grateful if he might consider returning to their substance on Report.

John Hayes Portrait Mr Hayes
- Hansard - - - Excerpts

I think we can go further than that. I try to be helpful to the Committee throughout our proceedings and I, too, am disappointed that we have not had a chance to debate those new clauses in more detail. Perhaps I can drop a line to my hon. Friend and my right hon. Friend the Member for East Yorkshire to offer a summary of what I would have said in Committee, had they been here to move their new clauses. That will both keep me within order and abbreviate my remarks so that I can move quickly to new clause 8.

None Portrait The Chair
- Hansard -

To be helpful to the hon. Member for Wycombe, when we get to new clause 8 it will be in order for him to make the remarks he would have made for new clause 2, as they are on the same topic.

None Portrait The Chair
- Hansard -

So that was helpful.

John Hayes Portrait Mr Hayes
- Hansard - - - Excerpts

Brilliant. I bow to your judgment on that matter, Ms Ryan. I will probably write to my hon. Friend anyway, because I want to ensure that he is treated with the generosity he deserves.

Rob Marris Portrait Rob Marris
- Hansard - - - Excerpts

On new clause 3, am I right in deducing from what the Minister has said—he will correct me if I am wrong—that, broadly, Her Majesty’s Government are keen to encourage the uptake of electric vehicles, whether hydrogen-electric, pure electric, automated electric or whatever, and that they will publish some pointers as to how they anticipate making the market, pushing it in that direction and encouraging market developments in that direction?

John Hayes Portrait Mr Hayes
- Hansard - - - Excerpts

I spoke about that yesterday at one of the House’s all-party groups, and as I said, I am happy to orate further on demand. If there is popular demand for me to perform more regularly, I would be remiss not to rise to that. That seems to have been the message broadcast from the Committee—I see nodding heads around the Committee—so it is important that I set out the context of what the Government intend. In essence, Government can do three things. We can bring legislation forward, and that is what we are doing. We can promote and stimulate the market through spending money, and we have done that—I could consider that at exhaustive length but it would tire the Committee if I did—and we can make the argument. I want to go a bit further than that, which is why I mentioned the further research we intend to do. As I said, steps can be taken without the rather limiting, dictatorial approach that I know is feared, and understandably so, by my hon. Friend the Member for Bedford.

On new clause 8, our transport networks are becoming increasingly digital—

None Portrait The Chair
- Hansard -

Order. I am sorry, Minister, but we are on new clause 3.

John Hayes Portrait Mr Hayes
- Hansard - - - Excerpts

Sorry. On new clause 3, it is important that the Government take a strategic approach, as has been said, on the take-up of low-emission vehicles. Hon. Members will know that the Government have published a series of documents, including “Driving the Future Today” in 2013, but much has changed since then. For instance, about 10 times as many ultra low emission vehicles were registered in 2016 as in 2013. While the aims of the 2013 strategy remain relevant, we are considering how our approach needs to change in the light of developments in the sector and beyond.

In addition, I am able to announce that we plan to publish an updated strategy for promoting the uptake of ultra low emission vehicles and that we will do so, as the hon. Member for Birmingham, Northfield requests, within 12 months. As I said, I will set out some of our thinking before Report. We will continue to consult the sector and be informed by its thinking, because the investment it is making in this technology is considerable. I will also be informed by the Committee’s observations about further changes that can be made to the infrastructure. The Bill does important things in that respect, but relevant comments have been made about on-street charging. We need to think carefully about how we can take the emphasis in the Bill to the next stage of development, and we will continue to do that in policy. As hon. Members know, I am keen to explore the issue of design, but I think I have made that point fairly clearly already.

Rob Marris Portrait Rob Marris
- Hansard - - - Excerpts

Will the publication that the Minister has just generously promised encompass aspects of air pollution?

John Hayes Portrait Mr Hayes
- Hansard - - - Excerpts

As a separate matter, I am personally associated—“associated” is a rather slight way of putting it, actually—with the production of the Government’s new air quality plan. We have committed as a Government to produce that plan by the summer and will present a draft very shortly—this spring. I work with Ministers from the Department for Environment, Food and Rural Affairs alarmingly regularly. Indeed, I said the other day to the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Suffolk Coastal (Dr Coffey), that I see her more often than my family. It is important that that plan is consistent with our strategy for promoting ultra low emission vehicles. It must be—they are an important part of achieving what we seek, which is that, by 2050, all vehicles are low-emission vehicles, with a consequent effect on emissions and air quality. New clause 4 deals with air quality anyway, so I have no doubt that we will debate that at greater length.

I do not want to go too much further at this juncture, except to say that the money we are spending on electric vehicles needs to be emphasised. The hon. Member for Birmingham, Northfield raised this, so I want to be crystal clear. During this Parliament, we will invest well over £600 million to support low-emission vehicles. That includes subsidising the purchase of new vehicles by consumers; £80 million for subsidising the cost of the charging infrastructure, with grants of £500 off the cost of home installation and similar support for charge points on streets and in workplaces; £150 million to support the adoption of the cleanest buses and taxis, and more than £100 million to fund research and development of new zero-emission technologies, building on the UK’s well-regarded scientific and automotive sectors. That is on top of the £270 million industrial strategy fund that the hon. Member for Birmingham, Northfield referred to, some of which will support the development, design and manufacture of the batteries that will power the next generation of electric vehicles. That adds up to a comprehensive package of measures—as comprehensive as almost any Government’s—but I accept that money alone is not enough, and I do not say that it is. Advocacy and legislation matter, too, which is why we introduced the Bill.

I think that that probably is enough—[Interruption.] I think it is. I do not want to disappoint any of my admirers—[Hon. Members: “Name them!”] There are some on this side of the Committee, too; I want to be absolutely clear about that. I think we are on the same page.

Richard Burden Portrait Richard Burden
- Hansard - - - Excerpts

I thank the Minister for his really positive response. He gets what we are talking about. We are dealing with a potential revolution in our relationship with personal mobility—in the way we think about cars and how they connect with one other and with us. Are we moving into an era where we have not so much vehicles with information systems attached, but information systems with vehicles attached? That presents profound challenges for us, but also profound opportunities. That is why we suggest in the new clause—I am really pleased that the Minister said the Government would do this—that there needs to be strategic thinking, not only by the Government, who have responsibility for developing those ideas, but by all of us, about how we rise to those challenges.