Legislative Reform (Provision of Information etc. Relating to Disabilities) Order 2022
Baroness Randerson Excerpts(1 year, 9 months ago)
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The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
My Lords, this is a short but important order that amends Section 94 of the Road Traffic Act 1988. It will allow a wider group of healthcare professionals to provide the important medical information that the Driver and Vehicle Licensing Agency needs to assess whether someone can meet the appropriate health standards for driving. This will reduce a burden that currently rests only with doctors.
This change will directly support the Department of Health and Social Care’s agenda to reduce bureaucracy in general practice. The Government recognise that we should be using the skills and expertise of other healthcare professionals, where appropriate. This in turn frees up time for doctors to focus on patient care.
The measure meets the tests set out in the Legislative and Regulatory Reform Act 2006 and has been approved by the Delegated Powers and Regulatory Reform Committee of your Lordships’ House, and the Business, Energy and Industrial Strategy Committee in the other place, as being appropriate for a legislative reform order with the affirmative procedure.
I will give a bit of background. The DVLA is responsible for deciding whether a driving licence holder or applicant meets the appropriate health standards for driving in Great Britain. The DVLA does this by assessing information about the individual’s health against medical criteria. This order does not change the DVLA’s responsibility for making driver licensing decisions.
All drivers and licence applicants have a legal obligation to notify the DVLA of a medical condition that may affect safe driving. In some cases, the DVLA can make a decision with the information provided by the driver. However, in many cases, additional information is required. By far the largest source of medical information is gathered from questionnaires that are completed by doctors from information held on the driver’s medical records. This service is provided outside NHS contracts; it is private work for which the DVLA pays doctors a standard fee.
Currently, the Road Traffic Act requires a driver to authorise a doctor who has previously given medical advice to them to provide information to the DVLA. In practical terms, this means that the DVLA can accept medical questionnaires only from a doctor. This is an unnecessary burden in this day and age, because not only doctors but many other qualified healthcare professionals are able to provide this information. Between 2016 and 2021, an average of 267,080 questionnaires were completed each year by doctors. It is estimated that each questionnaire takes 20 minutes, so I am sure noble Lords can appreciate that a substantial amount of time is taken up by those tasks.
I turn to the content of the order before your Lordships today. The current law was made in 1988 and does not really reflect current clinical practices. Often healthcare professionals other than a doctor may be primarily responsible for managing certain medical conditions. The term “registered healthcare professional” is used to describe a range of clinicians, including doctors and nurses. Changing the wording of the legislation from “registered medical practitioner” to “registered healthcare professional” will ensure that information can be provided directly by the most appropriate person.
The DVLA will take a phased approach and will initially ask for details of the driver’s doctor. The DVLA will write to the driver’s doctor, who will be able to pass the questionnaire to another healthcare professional for completion if they wish to do so. However, this change means that longer term, when a driver knows that their care is provided mainly by another healthcare professional, the driver will be able to authorise that healthcare professional to provide the information required by the DVLA. This will allow questionnaires to be sent directly to other healthcare professionals and will remove the need to include a doctor in the administration of the questionnaire. Before the DVLA begins to send questionnaires directly to other healthcare professionals, the department will write to the BEIS Committee with a review of the new process. This will provide reassurance to the committee that there are sufficient safeguards in place.
We have heard some concerns that healthcare professionals other than doctors may not have the knowledge to complete the DVLA’s medical questionnaires, but we are content that that is not the case. The DVLA recognises that a person’s medical history can be complex, but in many cases healthcare professionals other than doctors will be more than capable of providing the information needed. It is important to recognise that in this day and age many healthcare professionals are specialist practitioners—for example, diabetes nurse practitioners. Although some may feel that the GP’s overview of health is important, it should be noted that the DVLA’s questionnaire is about a specific medical condition and not about the person’s general health. It is about one condition and whether that may affect their driving. If that person has several conditions, there will be several questionnaires that will investigate whether that person is able to continue driving. The request is for the information, and then the DVLA makes that decision.
The order also removes the necessity for the person authorised to have personally given medical advice to the driver. This will address situations where the named doctor no longer has access to the information required, because the advice and attention was from many years ago, or the doctor has retired or moved to a different practice. We will amend the law to remove that requirement.
The DVLA consulted on this proposal. There were 411 responses to the consultation from the public, medical and healthcare professionals, and road safety groups. Almost 82% of those 411 people or groups who responded agreed with the proposal.
The aim of this measure is to update an outdated piece of legislation that does not reflect the way modern healthcare works today. We also see that it relieves a burden on doctors, which is why we have been able to use the legislative reform order route. Those doctors will be able to spend more time on patient care.
As I have noted, the measure will allow the most appropriate healthcare professional to provide the information, but I reiterate that it remains up to the DVLA and its doctors and medical experts, who will review that information, to make a decision about a driving licence application. I beg to move.
Baroness Randerson (LD)
I thank the Minister for her very clear explanation. This seems a sensible streamlining of the legislation in accordance with the modernisation of clinical practice. It is welcome, because there are stories of drivers having to wait for excessively long periods for GPs to give their signature and hence their permission. That delay is undoubtedly largely because of the grave and worsening shortage of GPs in Britain. It is therefore really important that we use them in the most effective way.
I was pleased to see that the widespread response to the public consultation was overwhelmingly positive, and that the Secondary Legislation Scrutiny Committee agreed that the appropriate processes had been followed. However, I have two short questions for the Minister. First, what checks are there to ensure there are no abuses of this system? What will be done to review it? Whenever you introduce a new system, you need to look at it in the light of experience in case there is a weakness. Some respondents were concerned not just about abuse of the system but about the level of qualification of some of those healthcare professionals. That might be totally unjustified, but it is important that the review takes place.
Secondly, the DLVA is UK-wide, but healthcare is devolved. There are different approaches to the use of certain healthcare professionals across the nations of Britain. There are some areas where GPs are relied on more than in others, and the breadth of healthcare professionals used is greater in some nations. What consultation was there with the devolved Administrations about this to ensure that the legislation matches their approach to the use of a broader spectrum of healthcare professionals in the system?
M56 Motorway (Junctions 6 to 7) (Variable Speed Limits) Regulations 2022
Baroness Randerson Excerpts(1 year, 9 months ago)
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Baroness Randerson
That this House regrets that the M56 Motorway (Junctions 6 to 7) (Variable Speed Limits) Regulations 2022 do not sufficiently take into account recent evidence about the risks of smart motorways and the use of the hard shoulder as a running lane, nor the concerns raised by the House of Commons Transport Committee, which recommended the pause of the rollout of future All Lane Running smart motorway schemes until a full five years’ worth of safety data is available. (SI 2022/607).
Relevant document: 5th Report from the Secondary Legislation Scrutiny Committee (special attention drawn to the instrument)
Baroness Randerson (LD)
My Lords, I am pleased to see that the Minister is still with us to answer this debate. There were times last week when I began to wonder whether she would be. In these surreal days, it is reassuring that she will be able to bring her experience of this issue to bear on the debate, because we have discussed the safety of smart motorways before. An essential part of my weekly reading is the email report from the Secondary Legislation Scrutiny Committee, whose work I cannot praise too highly. Its weekly reports are focused, specific and pull no punches. The Minister will know that Department for Transport legislation features rather too often in those reports.
First, on the detail of these regulations, they permit variable speed limits between junctions 6 and 8 of the M56 as part of an “all lane running scheme”, known as a smart motorway, near Manchester Airport. It will be operational from 12 September, with the hard shoulder converted to a running lane with emergency refuge areas. The decision to press ahead with this came as a surprise because the Secretary of State back in January had made a very firm statement that he would pause the rollout of future smart motorway schemes until a full five years of safety data was available. That very welcome commitment was made following the Transport Select Committee’s report on smart motorways last November, in which it concluded that
“the scale of safety measures needed to effectively and reliably mitigate the risks associated with the permanent removal of the hard shoulder on all-lane running motorways has been underestimated by successive Administrations, the Department for Transport and National Highways”.
The committee goes on to recommend that the department and National Highways should
“retrofit emergency refuge areas to existing all-lane running motorways to make them a maximum of 1,500 metres apart, decreasing to every 1,000 metres where physically possible”.
The strange thing about this SI is that the Explanatory Memorandum makes no mention of the Transport Select Committee’s critical report or of the Government’s commitments to deal with safety issues. This is legislation in a vacuum, and the Secondary Legislation Scrutiny Committee refers to it as “inexplicable”. It is at best shoddy and at worst an attempt to lull us into thinking that this is an insignificant routine measure that we do not need to worry about looking at in detail.
The Government’s commitment to pause the development of new smart motorways came with the caveat that those over 50% complete would proceed. But that caveat came with a promise that there would be retrofitting of existing schemes to reduce the distance between emergency areas. Apparently, this scheme is one of six where development work will proceed, as the Minister’s reply to the committee chair eventually spelled out, including schemes on the M1, M4, M6 and M27. So, the letter of the Secretary of State’s promise is being adhered to, even if the spirit is broken.
What of the promise that the frequency of emergency areas will be increased? That is at the core of safety concerns. The original concept of smart motorways envisaged emergency areas at around every kilometre, and the Transport Select Committee recommendation accepted by the Secretary of State was for between 1 kilometre and 1.5 kilometres. But the Minister has confirmed that this new stretch of motorway on the M56 will go ahead with four emergency areas, every 2.5 kilometres on average. At least this is the figure in the original Department for Transport response, but the Minister later wrote to the chair saying that they are on average 1.07 miles apart, or 1,721 metres. The Department for Transport seems to be taking on board the advice of Jacob Rees-Mogg and has moved back to imperial measurements, which might confuse us, but looking at it in metres, there is still a very significant difference between the original DfT response and the second one. So, my first question to the Minister is to ask her to clarify exactly what the distance is between the two emergency areas on either side of the M56 between junctions 6 and 8 because of that vast difference between her two answers.
Baroness Randerson (LD)
I thank those noble Lords who took part this evening; in particular, I thank the Minister for her response.
Of course I recognise that safety on smart motorways is a complex issue. It relates to emergency areas, response times and response detection. But I must comment that, at times, the Minister’s response was at odds with the Government’s own stocktake and the evidence on safety that the Transport Select Committee received. Whether she agrees with that or not, she must recognise that there is widespread public concern about safety. It may be perceived rather than real, but that is probably because most of us find driving on smart motorways an extremely stressful experience. This is an indication of the perception of the safety of those roads. When the Minister comes to review the tone of her response on certain issues this evening, she may recognise that she is not doing her argument any favours with the general public. There needs to be a realistic assessment of this situation by the Government, but I recognise that this is a very specific issue. I therefore beg leave to withdraw the Motion.
West Coast Main Line
Baroness Randerson Excerpts(1 year, 10 months ago)
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Baroness Vere of Norbiton (Con)
I do indeed recall an almost identical Question on 27 April. It is a pleasure to be answering it again. Avanti West Coast achieved one out of three, not one of five, which I agree is still terrible—it was at the bottom—but the Government hold it and all other train operators to account via the contracts. Avanti West Coast is still on an ERMA and, as the noble Lord pointed out, we are looking at potentially moving it and allied organisations on to a national rail contract within the third tranche of the national rail contracts. Will it definitely happen in October? That is not certain at all. We will look at its performance. We will think about the other options that we might consider in terms of incorporating HS2, for example, and being the shadow operator of HS2. Nothing is certain at this stage.
Baroness Randerson (LD)
My Lords, there are reports that Avanti West Coast has withdrawn the 0745 Stoke-on-Trent to Manchester Piccadilly service, a vital commuter service. It has been withdrawn until September, apparently due to staff shortages. This is clearly not acceptable, as it was done without any notice. What are the obligations for train operating companies to give due notice and to undertake public consultation prior to withdrawing train services that they are contractually committed to provide? There is an issue here in relation to season ticket holders. Will they be given full refunds? What penalties will Avanti West Coast suffer if it has not obeyed the rules that are attached to its obligations?
Baroness Vere of Norbiton (Con)
My Lords, I am grateful to the noble Baroness for the warning about the 0745 Stoke-on-Trent to Manchester but, as she pointed out, the removal of that service is temporary. It will be reinstated. Noble Lords will be aware that there has been a significant uptick in the number of cases of Covid recently, leading to short-term staff unavailability. That has had a knock-on impact on training for new staff coming in to support these services. Avanti West Coast is working very hard to minimise the impact on passengers. All cancellations are regrettable. Often these circumstances are quite fast-moving, and changes are temporary, so traditional consultation does not usually happen. However, usually the train operating companies will work with the local markets and with key stakeholders to understand any impact.
Airports: Delays
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Baroness Vere of Norbiton (Con)
I am not entirely sure that I follow my noble friend’s question. We are taking all sorts of actions, as set out in the 22 measures that the Government announced today. That is from working with the ground handlers, where there is an issue with people getting their suitcases, to working with the airports to ensure they are able to cope with the number of flights arriving, and the airlines to ensure that their service is as good as possible and that they can meet their schedules, not cancel flights at short notice.
Baroness Randerson (LD)
My Lords, do the 20-plus measures that the Minister referred to include additional staff for the Border Force, to make sure that it always has the capacity to deal with the additional security requirements that the Minister referred to in her Written Answers to me, which require the staff to take additional measures and time? Will there always be efficiency and sufficiency of staff for the Border Force?
Rail Dispute: Michael Ford QC
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Baroness Vere of Norbiton (Con)
I was not immediately aware of that, but it highlights what I have said also about the firefighters and the postal workers. It is normal for the employer to negotiate with the union. The Government should not be sitting at the table, and the RMT boss does not want us there.
Baroness Randerson (LD)
My Lords, without signals, the trains cannot run, and it takes over a year to train a signaller. Does the Minister accept that it is therefore an empty threat, and one designed to raise the temperature of the situation, when the Government say they are going to legislate to allow agency workers to take over railway jobs? It will not allow the railways to run unless there are signallers available.
Baroness Vere of Norbiton (Con)
As I have already said, there would be no question of the Government or the industry putting anybody who was not fully trained into a role at short notice. It is simply not going to happen.
On the question of signalling, noble Lords may have noticed that the Government have just announced at £1 billion investment in digital signalling for the east coast main line—I just wanted to highlight some positive news.
Hovercraft (Application of Enactments) and Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Amendment Order 2022
Baroness Randerson Excerpts(1 year, 10 months ago)
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Lord Berkeley (Lab)
My Lords, I am grateful to the noble Baroness for her introduction of this very interesting SI. My first question is: why now, apart from the fact that Brexit has happened? We have all been travelling on hovercraft for 40 years or more, and one could assume, therefore, that it has been all right to pollute from hovercraft for 40 years without anyone worrying and you need only one person on the bridge because the regulations do not apply to hovercraft. Can the Minister explain why hovercraft are different? There are other types of fast passenger boats around these days—they are probably called “jet boats”, or something like that. I am not sure why a hovercraft is so different, apart from the fact that it gets its lift from air which does not leak out. It is still a craft and therefore obviously still needs to be subject to the pollution regulations and the manning rules.
On manning, is the intention to make rules for hovercraft the same as for any other passenger vessel, where, I think, the rule is that if you do not have more than 12 passengers, you can have one person as the crew, whatever the size of boat? But then there are various rules according to the number of passengers, size of ships, weather conditions and everything else. Hovercraft generally do not operate in bad weather in the way that many ships can. Perhaps the Minister can explain how the manning regulations would be different on a hovercraft from an ordinary ship in the number of crew wanted.
Lastly, I think that, as the Minister said, the only service now in the UK is the one across to the Isle of Wight, but there used to be one across the channel. If that re-emerges in some shape or form—between the UK and France or another EU country—will we get into the same knot as has happened with P&O Ferries with manning and everything else? I hope that will not involve coming back here with some more regulations; I hope it is already covered. I look forward to her answers.
Baroness Randerson (LD)
I thank the Minister for her introduction, and the noble Lord, Lord Mountevans, for pointing out that the situation will be different in Scotland. It will also be different in Northern Ireland, so far as I understand it from my reading of the SI.
Baroness Randerson (LD)
No, the situation will not be different in Wales; as so often, it is a case of “England and Wales”.
I join the noble Lord, Lord Berkeley, in asking why this is happening at this point. My research suggests that not only is there only one public hovercraft service left in Britain, but there appears to be only one commercial hovercraft service left in the world. If that is the case, hovercraft really are yesterday’s technology. They are even less likely to make a comeback following the huge increases in the price of fuel, because they consume very high amounts of fuel as well as being unreliable as a passenger service, of course, because they are difficult to operate in bad weather—and we get a lot of that in the UK. In modern terms, although hovercraft are exciting and interesting to travel on, they are environmentally unacceptable because of their high fuel consumption.
My suspicious mind led me to wonder whether there was a specific Isle of Wight issue. I would be grateful if the Minister would address in her answer whether specific aspects will be applied to the Isle of Wight service, which, despite all that I have said, is an important part of the infrastructure connections for people living on and visiting the island.
When I had stopped wondering why the measure was being introduced now, after all these years, I wondered whether this was part of the major catching-up exercise that the Minister has bravely embarked on in her department. We know that the Department for Transport has a backlog of marine legislation that long pre-dates her coming into her position there. Is this part of a routine catching up to ensure that we can apply rules to hovercraft that apply to other types of seagoing vehicle? I would be grateful if the Minister could answer my questions now, or in writing afterwards if she is unable to do so immediately.
Lord Tunnicliffe (Lab)
My Lords, I welcome this order to support the Government in meeting pollution prevention requirements and ultimately making our waters safer in compliance with international standards. Hovercraft are a technical wonder but can be particularly harmful to the natural environment. Although the usage of these vehicles in the United Kingdom is not particularly widespread—indeed, it is not spread at all—Ministers are right to consider how we can eliminate their negative effects.
Although the UK is currently no longer a world leader in sea transport, by decarbonising maritime we can certainly aspire to become one yet again. I hope this instrument can form a small contribution towards that goal.
However, it is disappointing that the development of this order has not been used as an opportunity to properly engage with the limited hovercraft industry that exists today in the UK. While I appreciate the reasons given by the department for not formally consulting on this legislation, I hope the Minister can at least clarify that discussions took place with those who operate in the sector. I also hope she is able to confirm the Government’s wider strategy for improving the cleanliness of the seas through better regulation of the maritime environment.
The noble Lord, Lord Mountevans, raised a point about the criminalisation of seafarers, and I am sure we all share with him that this should not be unreasonable. But we are in an environment—I think Grenfell has brought this environment to our attention—in which the assurance that regulations are fit for purpose, which is the responsibility of government and its agencies, and the execution of those requirements must have a clear responsibility chain. I have no idea about the detail of these orders, but it has to be a good thing for seafarers to be required to be responsible for their craft and confident, as far as reasonably practical, that the state of their craft and its operation are properly regulated.
I am all in favour of this sort of regulation. The important thing is that it must be good regulation that is easy to understand and fairly implemented. There is no case for poor regulation. There is much that good regulation does, and in circumstances where it breaks down it sometimes has a catastrophic consequence.
Goods Vehicles (Licensing of Operators) (Amendment) (No. 2) Regulations 2022
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The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
My Lords, on 9 March 2022, your Lordships’ House debated the Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022, which govern the goods vehicle operator licensing regimes in both Great Britain and Northern Ireland. The regulations came into effect on 17 March. During the debate on 9 March, I explained that an error in transcribing our policy intent into legislation would mean that a second debate might be necessary on an instrument to make the necessary correction. This is that debate.
First, I would of course like to apologise to noble Lords for taking up valuable parliamentary time with this correction to a previously laid and debated instrument. The reason for the correcting instrument is that the original instrument went beyond the policy intentions. The intent was that the regulations should apply only to the operation of goods vehicles. However, one provision unintentionally also applied to the operation of passenger vehicles; in doing so, it disrupted the Public Passenger Vehicles Act 1981, which has made the regulation of passenger vehicles slightly more complicated. While the traffic commissioners have been able to continue their important work, this added complication is not tenable in the long term. The Committee will know how disappointed I am that an error has occurred, and I assure all noble Lords that the causes are being addressed within the department, as a wider review into SI processes is now under way.
To touch in a bit more detail on the real-world consequences of what has happened, the error in question was in Regulation 7 of the original instrument. In being drafted as it was, Regulation 7 incorrectly applied certain provisions to road passenger transport operations. The effect of the error, applying these provisions to all transport managers of certain road goods vehicle operations and road passenger transport operations, was not the original policy intention.
Essentially, the effect of the gap was that the regulators, which in Great Britain are the traffic commissioners, have used other options. They are using case law rather than legislation to minimise the gap, but of course we think that legislation should be put in place. We had originally hoped to lay this as a negative instrument. Indeed, we did so, but it was upgraded by the sifting committee, which is why noble Lords are having the debate today.
I turn to the practical effect of whom this impacts. It relates to those transport managers within the public service vehicles jurisdiction, either those already on licences who are subject to regulatory intervention—because they have not done something correctly—or those who seek to be nominated as transport managers. Looking back at the numbers in previous years, for example, in 2019-20, around 19 transport managers would have been affected by such actions, so it is not a great number. The traffic commissioners have been able to cope and have taken particular care in communicating their decisions during this quite short gap period of just over three months. Their hard work is very much appreciated, so I commend these regulations to the Committee.
Baroness Randerson (LD)
My Lords, I thank the Minister. I had a sense of déjà vu when I saw this instrument on the list for today. To be honest, it is tedious enough that we have to go through the vast list of SIs as part of the replication of EU regulatory structure without having to deal with errors, although it is not surprising that there are errors. One can hardly process the amount of legislation that we have been dealing with for the last couple of years without the occasional error creeping in. I was horrified today to read that Jacob Rees-Mogg has a plan for us to go through all 2,000-plus pieces of EU legislation within the next two years to re-examine them.
May I cut to the core of the issue? The Minister has explained that road transport operators were mistakenly included in the original SI alongside goods operators. One of my questions was going to be about the impact on the traffic commissioners’ powers, but the Minister has explained that. She has also explained clearly the number of cases involved.
My other question is, to go back to the original SI, why are passenger vehicle operators excluded? Why do they not need transport managers in the way that goods vehicles and their fleets need them? Is there separate legislation that covers passenger transport operators or is it that, for some reason, they are not regarded as in need of managers in the same way? Other than that, I am delighted to see that this error has now been corrected and it should, I hope, be fully operational and effective.
Lord Tunnicliffe (Lab)
My Lords, I welcome the introduction of this SI to amend the errors in the previous regulations approved by this House in March. As the logistics sector experiences an unnecessarily difficult time, it is disappointing that even the initial piece of secondary legislation has problems. There is an important point here in that the Government previously claimed errors in the initial drafting would be rectified through the negative procedure, which clearly has not been the case.
Three months later, the House is finally to approve a technical instrument to right the wrongs of the previous legislation. I hope this will bring this specific matter to a close, though unfortunately it will not solve the chaos that is still plaguing British business. Weeks away from the summer holidays, the Government must bring forward a plan to fix the crisis and bring much-needed certainty.
Motor Vehicles (International Circulation) (Amendment) Order 2022
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Baroness Randerson (LD)
My Lords, I thank the Minister for explaining so clearly how this will work. The Government launched this SI with much fanfare early last month—fanfare and the obligatory swipe at the unacceptable nature of EU bureaucracy that necessitated the SI. That is called Brexit, and those of us who opposed Brexit pointed out that if you do not belong to the club, you cannot benefit from the rules and, unfortunately, that lesson is becoming all too clear. Hence, we have this measure, which is one of a long line of complex, awkward fixes that we have discussed here in this Committee, over the months and years, to try to defray the damage that we are suffering from as a result of no longer being a member of the EU.
Of course, this order is very welcome as far as it goes, but it has taken a long time to get to this point. Since we left the EU, our specialist hauliers have been limited to, I think, three EU stops per tour, and many of them have already established bases in the EU to overcome this, with a resulting loss to the UK economy. It is not as if the firms in this sector did not warn us that this would happen. I was a member of the EU Internal Market Sub-Committee, and back in 2018, we took evidence from an organiser of major exhibitions who predicted exactly these problems.
One of the phrases the Government like to use frequently is “world-beating”. Often, it is a sad exaggeration, but in relation to the cultural sector it is very accurate. I would prefer to say “world-leading”, but the point is that our soft power through the cultural sector has been immense and is sadly diminished as a result of the constraints on touring in Europe. I have a number of questions for the Minister. It is 18 months since we left the EU. Can she perhaps explain why it has taken this long to get to this important measure? Ideally, it should have come in smoothly and immediately after we left the EU.
Paragraph 7.6 of the Explanatory Memorandum refers to a maximum period of transfer for a vehicle to a British operator licence as being
“six months in a twelve month period.”
I understand the concept of “temporary”, but why is six months the definition of “temporary”? Why not eight months or any other number of months within 12 months? Is there a legal basis, or is this something that was just added on?
Paragraph 7.4 says:
“This Instrument does not permit transportation of any item of goods for the intention of being sold on (such as merchandise).”
That is actually a very prescriptive limitation. I was part of a music group many years ago touring in Europe, and we took CDs with us. There would not be CDs now, but we also took t-shirts and souvenir programmes to be sold. It would appear that we would not be allowed to do that now. Such items are, very often, marginal. They are just part of giving that little extra edge to the operator. They are an important part of spreading our soft power, getting the name of the group known abroad.
So why is it that they are excluded? It seems it could incur considerable or disproportionate expense to carry them separately—a whole separate vehicle or separate haulage charges in some other way. It does not, to my mind, seem necessary. Was any consideration given to allowing goods of that type to a certain limited amount—maybe limited in total value or limited as a proportion of the total?
The net result of this SI is that some foreign-registered vehicles will be operating in the UK on British operator licences. This in itself presents enforcement challenges, which I am sure the Minister will have gone through, but could she give us some idea of the numbers expected to be affected by this? Is it hundreds, tens or thousands? What estimate has been given? There is a lack of impact assessment once again. The words used are that there is no significant impact on business. I had hoped that there will be a significant impact on business and therefore I am surprised that an assessment was not made.
Of course, I welcome this hope it does the trick, although the Minister has reminded us that it might not work for everyone. Sadly, we have heard of a number of artists who have stopped touring already and, unfortunately, they will not all return as a result of this. We have lost stature as a result of this situation.
Lord Tunnicliffe (Lab)
My Lords, I was expecting a very dry debate on this relatively straightforward SI, but one of the joys of this place is that you are allowed to discover fellow Members meeting by meeting. The idea of the noble Baroness, Lady Randerson, leading a life previously as a groupie—though I hope not quite at that level—adds a little excitement to this debate, which it perhaps needs.
I welcome the introduction of this instrument to support British touring overseas. The House is aware that, since the UK left the European Union, companies which tour Europe have faced new obstacles in continuing their work and we all hope that this order will help them overcome this. The Government are right to bring forward these new provisions to allow certain hauliers to operate both in the UK and EU without having to pay vehicle excise duty—in effect, benefitting from the single market access rights.
I will not detain the Committee for long but there are three issues on which I would appreciate clarification. First, can the Minister explain why the measures are coming into force in August rather than earlier, especially given that the industry is particularly busy during the summer season? Secondly, the department has estimated that up to 50 specialist events hauliers, which in total have 1,000 vehicles, may decide to use this measure. How was this figure calculated and what proportion of specialist events hauliers does it represent? Finally, what steps will the Minister take to make the industry aware of these changes and to monitor their effectiveness? I hope the Minister can provide clarification on these points.
Baroness Vere of Norbiton (Con)
My Lords, that was relatively brief and moderately pain-free, but I will certainly answer as many questions as I can—and will write, as I can spot at least two I am feeling a little bit dubious about.
I think it is worth scooping up comments made by the noble Baroness, Lady Randerson, and the noble Lord, Lord Tunnicliffe, about what the timelines for this look like, how we ended up where we are now, why it was not done earlier, et cetera. Eighteen months ago, when we finally left the EU, there were all sorts of other things going on. There were not that many tours going on at the time, but we were aware that there was this potential issue with specialist events hauliers. As noble Lords may be aware, we explicitly requested bespoke arrangements for this sector when we were discussing the TCA, but the EU rejected those proposals so we have had to develop from there. It is the case that we went back and 100% checked with the EU whether it was absolutely sure that it could not think of some way for it to proceed. DfT officials raised that matter at the specialised committee on road transport in November 2021, noting that this sector had been disproportionately affected by the TCA and that this would have knock-on effects on artists affecting future cultural exchange for both sides.
We did not get far on that—I am not going to lie—and therefore realised that we would have to speak to the sector, as we would normally do in these circumstances, to understand exactly how we could help it. We did the consultation in February 2022. I cannot remember exactly how many people responded; I think it was something like 28. It was not a huge number, reflecting the relative size of the sector, which is not massive. After the consultation closed, we had to analyse the responses and shape the final policy position because, as I noted in my opening remarks, this does not help everybody and we wanted to make sure that we could help as quickly as possible. That is a very long-winded way of saying—the noble Lord, Lord Tunnicliffe, looked at his watch there—that the earliest we can get this into force is in August 2022.
However, I have positive news because we have done an interim measure. It is an exceptional administrative process which basically allows what we are proposing in the statutory instrument to happen now. That means that we have managed to safeguard the process over this summer. If differs from dual registration in that no legislative changes are required and it is instead implemented through an administrative arrangement with the Office of the Traffic Commissioner, but we recognise that that is quite temporary and we do not want to continue that arrangement without a firm legal footing. That is where we are with that.
The noble Baroness, Lady Randerson, asked why six months, and I am afraid I do not have the answer. I think there is a broader issue about vehicles coming into the UK in general, in that they can come in for six months before something has to happen. I will write to the noble Baroness because I do not think that is a good enough answer.
The noble Baroness raised an important point about merchandise, which I thought was very interesting. However, the goal of what we are trying to do today is to focus on certain specialised vehicles. The reason we have this problem is that you load your cultural objects or your things relating to your event into your truck, which itself is specialised for transporting specialised equipment. That is why we are very clear that that equipment must not be amended, altered or sold, otherwise it becomes something entirely different. When it comes to merchandise, you do not need a specialist truck to transport CDs, brochures or whatever; they can be transported by any good courier company. I shall see whether I can find anything more about that. The whole point of this order is to focus on these trucks, which are simply not available to meet the needs of the artist or whoever across the EU, and you would not want to change them.
Baroness Randerson (LD)
I am grateful to the Minister for giving way. My point is that if you are transporting an orchestra, you have specially adapted pantechnicons full of specialised equipment and instruments—you shove a few boxes of programmes and merchandise in the bottom as you go. Because they would have to send them separately, orchestras will print their programmes in Europe rather than printing them in the UK and taking them, and they will print their t-shirts in Europe rather than in the UK. We are losing business that way. I am making what I think is a simple point: something that is clearly ancillary to the main purpose of the truck should be allowed.
Travel Disruption at UK Airports and Ferry Ports
Baroness Randerson Excerpts(1 year, 11 months ago)
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Baroness Randerson (LD)
My Lords, I thank the noble Lord, Lord Davies, for introducing this important debate. These are complex issues that have harmed the tourism-related sector in general and have done further harm to our international reputation as an efficient and competent country. This sits alongside our sorry status as the slowest-growing major world economy—with the single exception of Russia—and adds to our problems as the G7 country with the highest inflation rate. I would not go quite so far as talking about a failing country, but it is a serious situation.
The border situation has caused stress and had a financial impact on many families trying to travel abroad, many of them for their first foreign holiday for years. In relation to ferry ports, it has caused even further harm to traders trying to export goods to the EU in particular because of the costs associated with long delays to get through customs.
We as a country are not alone in having problems with processing airport passengers, but we are suffering a more widespread problem for several reasons. We have firmer borders than most EU countries, which benefit from freer-flowing traffic due to Schengen. Some other Governments have taken a more organised and timely set of measures to support passengers and traders as traffic flows expand following Covid. And of course, uniquely, we have Brexit. The Minister will not mention it, so I will: prior to Brexit, 40% of ground handlers were from EU, and they are proving impossible to replace.
I am certainly not going to stand here and say that all of the blame attaches to the Government. Some airlines in particular have a poor record on cancellations; for instance, the last-minute cancellations by Wizz Air are totally unacceptable. These companies were cushioned during Covid by significant amounts of customer cash that was frozen in the form of vouchers. People are now using these, and any well-run company would have predicted that they would use them as soon as possible. BA has also cancelled a lot of flights, but it has done so with a much longer lead-in time. It is facing recruitment problems, which is not a surprise because it took the opportunity of the pandemic to reduce terms and conditions for flight crew—so BA no longer has the recruitment advantage that it once had.
Aviation is a complex industry; the services provided involve airport facilities from runways to shopping as well as airlines, ground handling, baggage handling, passport control, security and air traffic control. These are run by a range of separate commercial companies and by the Government, but the passenger sees them as all part of a single integrated experience. Throughout the pandemic, the Government showed themselves willing to intervene to support other industries, such as the railways. But government support has been much weaker for aviation, and airports in particular. Since last summer, the sector as a whole has been warning the Government that it could not just restart but instead needed a long lead-in time. The Government’s stop-start approach to foreign travel, although understandable, made that more difficult.
The Government cite £8 billion-worth of support for the industry, but, if you look at this in detail, the overwhelming majority of it is commercial loans and export guarantees. Unlike airlines, airports could not totally shut down; for safety reasons, runways have to stay open and life-saving flights have to continue. Overall, airports lost £10 billion during the pandemic, and they now need government investment in their future.
This debate is an excellent opportunity to ask the Minister some questions. During the pandemic, there were long queues for passport control and inadequate numbers of Border Force staff. Border Force currently says that it has training for new staff in hand, ready for the summer season. Can the Minister tell us about these expansion plans, particularly because there will be additional demands on personnel at our ports, as new and more complex checks will be introduced later in the year?
Lying behind all of these stories of ruined holidays are those stuck at home because they cannot get their passports renewed. Can the Minister update us on how the Government plan to rapidly improve this service? Are they able to speed up security checks for staff at airports?
Some new freedoms come with Brexit. One specific one is the possibility of VAT-free shopping at airports. This would help them to recover, but the Government have failed to introduce it, and UK airports are now at a disadvantage in comparison with some EU countries. Do the Government intend to tackle this anomaly? What are they doing to improve consumer rights?
Some airports have been much more heavily affected by airline cancellations, over which they have no control, of course. Does the Minister agree that there is a need for a much more strategic government approach, working closely with the industries concerned, to provide steady long-term support to rebuild these sectors?
I was appalled to hear the Secretary of State hectoring the travel sector, full of blame for a complex industry that has faced a disastrous on-off situation. That attitude damages our country. International travel and trade are our window to the world. If we cannot manage to operate them effectively, it does fundamental damage to our reputation. This complex sector needs the Government to rise above the blame game.
Electric Vehicles: Supporting Access
Baroness Randerson Excerpts(1 year, 11 months ago)
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Baroness Vere of Norbiton (Con)
My noble friend is absolutely right: it is not up to the Government alone; it must be up to support from both the Government and the private sector. That is why the Government are investing, alongside the private sector, in a £400 million fund for charging points. To date, between the Government and industry, we have supported more than 30,000 publicly available devices.
Baroness Randerson (LD)
My Lords, a recent Which? report pinpointed the problem of the lack of interoperability between multiple payment systems for EV charge points. It is nothing short of sharp practice that EV owners have money tied up in what are effectively useless apps and cards—I say “useless” because so many charge points are out of commission. The Government have the power to insist on the use of ordinary credit and debit cards at EV charge points, so that paying is easy. Why have they done nothing about that so far?
Baroness Vere of Norbiton (Con)
The Government accept that reliability is absolutely key when it comes to EV charging. We will look at minimum reliability standards for charge points and hold poor-performing operators to account; we are looking at mandating a 99% reliability metric across the rapid charging network. We will regulate for minimum payment methods, such as contactless, and payment roaming at new charge points over 7.1 kilowatts. We will also look at retrofitting existing charge points over 50 kilowatts.