Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2021

Baroness Randerson Excerpts

Tuesday 14th September 2021 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, these draft regulations are necessary because of the ongoing need to reduce pollutant emissions from the maritime sector, to protect public health and the environment. The regulations do this by amending regulations in the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008, which I will refer to as the 2008 regulation, in order that our domestic legislation is aligned with the latest international limits and standards for sulphur and nitrogen dioxide emissions.

The international requirements are set out in annexe VI of the International Convention for the Prevention of Pollution from Ships 1973, also known as the MARPOL Convention. These changes limit the amount of sulphur in marine fuels that are used or intended for use by ships to 0.5% by mass or less. They also require that new ships and new engines be certified to meet the latest NOx emission standards, both globally and when ships operate inside waters which have been designated as an emission control area by the International Maritime Organization.

At this stage, the MARPOL Convention refers to four regions which have enhanced ECA protection status: the North Sea, including the English Channel; the Baltic Sea; North America, which includes both the east and west coasts of the United States and Canada; and the US Caribbean. Ships operating in an ECA must not use fuel which exceeds 0.1% sulphur unless they are using an abatement technology. New ships must also comply with a stricter NOx tier 3 standard. New ECAs could be introduced in future. The Mediterranean is being considered for one and the Government have agreed to consult on a possible ECA for the Irish Sea.

The regulations also enable UK ship inspectors to enforce these new limits more effectively on foreign-flagged vessels calling at UK ports. Currently, under port state control regulations, ship inspectors from the Maritime and Coastguard Agency can apply limited sanctions on ships calling at UK ports for an offence. These include recording a deficiency against the ship, temporarily detaining the vessel or ordering the ship to debunker—empty its fuel tanks—if the ship is using non-compliant fuel, after which access to UK ports and anchorages may be denied if there is evidence of significant non-compliance. These sanctions can be applied to ships only when in port or at anchor.

The new instrument will allow ship inspectors to use the criminal justice system to impose fines on offenders. This is in line with our current approach to other marine pollution offences. The ability to impose fines would be an important deterrent for all foreign-registered vessels within UK waters, whether in transit, in port or at anchor, particularly those that would consider risking non-compliance to reduce costs without the threat of financial penalties. However, I stress that compliance with maritime environmental rules is the norm. Enforcement action by the MCA through the courts is extremely rare and would be funded through existing resources if it were to occur.

The regulations also include an ambulatory reference provision, which will automatically update references in the 2008 regulations to provisions of the convention and its annexes. This implements a key industry request from the Red Tape Challenge, which enables some amendments to international requirements to be transposed into domestic law more rapidly and efficiently than was possible previously. An amendment that is accepted will be publicised in advance of its coming-into-force date by means of a Statement to both Houses of Parliament. However, the ambulatory reference provision is limited. Substantial changes, such as implementing a new chapter into MARPOL annexe VI, would still need to be implemented by statutory instrument.

The regulations also amend obsolete sulphur limits for marine fuels used by ships, which were made under Section 2(2) of the European Communities Act 1972. Specifically, the new regulations remove references to the 1% sulphur limit for ships operating inside an ECA and the 3.5% sulphur limit for ships operating outside an ECA. Of course, these have been superseded by the stricter 0.1% and 0.5% sulphur limits respectively. The new regulations also remove references in the 2008 regulations to a 1.5% sulphur limit which applied to passenger ships operating outside an ECA. Again, this has been superseded because, like all vessels, passenger ships outside an ECA are now subject to the stricter 0.5% sulphur limit.

While it is important to remove obsolete requirements from our domestic legislation that were introduced under Section 2(2) of the European Communities Act, the draft regulations retain others which are still pertinent. For example, they do not amend the requirement for ships to use 0.1% sulphur fuel when at berth in a UK port, which was introduced using Section 2(2) powers in the European Communities Act.

I am sure noble Lords would agree that maintaining the highest standards of environmental protection is vital for public health. It is therefore important that we continue to implement the latest international standards to control ship emissions and have an effective enforcement regime in place. The Government have made it clear that air quality is one of our top priorities. These regulations help deliver on the commitments made in Maritime 2050, published in 2019, and our route map for sustainable maritime transport, the clean maritime plan. It is important for the health of our coastal communities and port cities that we reduce emissions from the shipping industry, and that we ensure we can strongly and visibly enforce the standards we agree at the International Maritime Organization. I commend these regulations to the Committee.

[Baroness Randerson (LD)]

My Lords, I thank the Minister for her very clear introduction. I have no criticism of the regulations themselves, but I want to concentrate on the backlog of maritime legislation within the department and its impact on the sector. I am very grateful to the Secondary Legislation Scrutiny Committee. It has repeatedly drawn attention to this problem, which has existed since 2016. Since then there have been five separate updates to MARPOL, to which the Minister referred. I believe the department still needs to implement over 40 changes to maritime legislation. These regulations, although very welcome, are very late as well.

The Department for Transport says that it has not prioritised this raft of legislation because operators tend to comply with IMO regulatory requirements as ships cross international boundaries all the time. That statement is contradicted by the Government’s own Explanatory Memorandum, which states that the ability of inspectors to sanction non-compliant ships will be very limited until these regulations come into force.

My real concern is the vagueness of all this, so can the Minister provide us with a lot more detail? First, on the simple numbers, the SLSC was told that, of the 40-plus backlog, 10 have now been made, 10—including this one—are in the final stages, and another eight are in the very final stages of preparation and anticipated to be introduced in the 2022-23 Session. The remainder are at an earlier stage of development and are anticipated to be complete by the end of 2023. This is far too slow and could mean that some legislation has been delayed for seven years.

Can the Minister explain exactly how many pieces of legislation are in that final slow lane and why they have been placed there? I realise it is far too much to ask for this to be done here, but could she write to us with a list of all the pieces of legislation in this backlog and say which pieces are in which category? The original DfT target to deal with this backlog was 2020, so why has it lapsed so badly?

I realise that the pandemic has affected everything, but in itself that is not a sufficient excuse, because the pandemic goes back only some 18 months and this backlog goes back to 2016. It must be seen in the context of other delays in DfT legislation. We are in a position where we need more legislation on EVs, driverless cars and other key areas of transport development. A major question must be why the department does not devote more resource to keeping up with modern transport developments. I agree with the committee, which labels the number of delayed pieces of legislation “highly disturbing”.

This is not just a numbers game. Let us look at the implication of these pieces of legislation. Many of them, like this one, have environmental implications. This one concerns sulphur oxide and nitrogen oxide and is about reducing air pollution; it is another example of a Government who talk tough on pollution but fail to deliver on the crucial detail. We must remember that this is about the health and working conditions of sailors as well as the overall state of our planet. Working conditions for many in the maritime sector are often very poor. Many are subject to exploitation and they are certainly often overlooked. We owe it to them to ensure that the UK upholds the highest standards.

This is London International Shipping Week, and I note that the industry has committed itself this week to zero carbon by 2050. It certainly needs the Government to do a great deal more to support it in achieving that. So although these regulations are welcome as far as they go, I would like to see much more from the Government to demonstrate that they are serious about tackling emissions from ships because of the impact on ships’ crews, cruise passengers and dockyard workers, as well as on our planet.

[Lord Greenway (CB)]

My Lords, I agree very much with what the noble Baroness, Lady Randerson, just said about these regulations. I have no problem with them, as she has already said, but I regret very much the considerable delay that has occurred in bringing them forward, and I hope that we will hear some sort of explanation from the Minister when she comes to sum up.

These regulations are not a great surprise. Our shipping industry has been well aware of what is going on for quite some time now, and it has been forced to act by the introduction of these emission control areas, which stole a march on the International Maritime Organization’s regulations by bringing in things that applied not to the whole world but merely to the specific areas that the Minister mentioned. By and large, our own ships have already made the necessary adjustments to be able to operate in these low-sulphur areas.

I have been in this House for 45 years—I am horrified to say it—and in that period I have seen our merchant fleet reduced from a fairly large standing in the world to something that is almost pathetic compared with what it was. We are not the force in international shipping that we were and that is a huge regret, but this country still has great expertise in the maritime field. The Government have set up a new committee to look into things such as finding a new means of propulsion, in effect to try to replace the internal combustion engine. I do not know how that is going, and the Minister probably cannot help me on that, but we still have a part to play in international shipping.

Transport: Hydrogen

Baroness Randerson Excerpts

Monday 13th September 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I could happily spend many hours answering that question, but I will not on this occasion. The Government have a target of supporting 4,000 zero-emission buses by the end of this Parliament, and we are about to start a further consultation on the phase-out date for new diesel buses. We are investing £120 million in the ZEBRA scheme—the Zero Emission Bus Regional Areas scheme—which does precisely what the noble Lord is asking: it encourages local authorities and the bus operators in their area to switch over from diesel buses to either battery electric or hydrogen fuel cell buses.

[Baroness Randerson (LD)]

It costs around £1 million to install a hydrogen delivery system, so at this stage, at least, the Government need to encourage companies that run fleets of vehicles—not necessarily just heavy vehicles—to utilise hydrogen. What are the Government doing to incentivise and encourage companies that run vehicle fleets to take up this option for zero emissions?

[Baroness Vere of Norbiton (Con)]

Actually, the focus at the moment is on making sure we have the right data and information from R&D to further develop and commercialise large-scale hydrogen refuelling systems. I mentioned previously the £23 million Hydrogen for Transport programme, which is looking at refuelling infrastructure alongside the vehicles themselves. We also have the zero-emission road freight trials, which are trialling hydrogen among a group of vehicles—it is not only about the infrastructure but about making sure that the range is appropriate for the vehicle in which it is going to be used.

HGV Driver Shortages

Baroness Randerson Excerpts

Monday 13th September 2021 Lords Chamber

[Baroness Randerson (LD)]

My Lords, rather than making the roads safer—Britain has always prided itself on its road safety record—these proposals seem to be some sort of cowboys’ charter. What does the Minister think about the response of Logistics UK and other representatives of the sector who believe that the longer working hours they suggest and have introduced will make the roads riskier and deter people from joining the industry? What assessment have the Government made of the safety impact of making the driving test effectively easier? This is not what people wanted when they voted for Brexit. Brexit is at the basis of this; Covid has made a bad situation much worse.

[Baroness Vere of Norbiton (Con)]

My Lords, Brexit is not the basis of this. At the current time, Germany has a 45,000 to 60,000 HGV driver shortage, France 43,000, Spain 15,000, Italy 15,000, and Poland 124,000. This is a problem that is impacting developed countries all across the EU and in the US, which has a 61,000 shortage right at this moment in time.

The noble Baroness refers to cowboys. I do not know who the cowboys are that she is referring to; I hope it is not the haulage sector, which I know is doing everything it can to make all the interventions we are putting in place work. For example, as the noble Baroness well knows, hauliers have to notify the department that they are going to use the extension of the hours and we obviously monitor the safety that comes out of that.

The noble Baroness seems to think that somehow the HGV test is getting easier. I am sorry to disabuse her: it is not. There will be no change to the standard of driving required for HGVs. The simple fact is that a certain element of the test will be delegated to trainers, who already train the HGV drivers in things such as manoeuvres. I would go on on the safety issue, but it is clear that we have some of the safest roads in the world and we want to keep it that way.

International Travel Rules

Baroness Randerson Excerpts

Thursday 22nd July 2021 Lords Chamber

[Baroness Randerson (LD) [V]]

Can the Minister explain why the Government, with a fanfare of publicity, moved France on to the amber list while at the same time issuing instructions that from Monday, Border Force officers no longer have to verify that new arrivals from green-list and amber-list countries have negative Covid tests or other legally required paperwork? Can the Minister explain why the decision to remove these checks was made? Was it due to a lack of staff and, if so, why have the Government not provided enough Border Force staff to perform checks at a predictably busy time of year?

[Baroness Vere of Norbiton (Con)]

My Lords, all the decisions that this Government make are on the basis of risk—risk to the country as a whole from a public health perspective and risks to travellers who choose to go abroad where they are able to. It is not the case that checks were dropped because of reduction in demand. However, we need to keep the travelling public as risk-free as possible. That is a great benefit to citizens, but also to the travel industry.

Transport Decarbonisation

Baroness Randerson Excerpts

Monday 19th July 2021 Lords Chamber

[Lord Rosser (Lab) [V]]

The Climate Change Committee recently commented on the need for a proper plan from the Government to deliver on their net-zero targets. Britain is behind on its goal for a 78% cut to greenhouse gases by 2035. Transport is now the biggest contributor to UK emissions. In the decade 2009-19, transport emissions fell by 1% only and there is no detail in this delayed decarbonisation plan to show how it will address the problem in the transport sector of the ever-greater pace that is now needed.

The Government now appear to be further upgrading targets on which they are already behind. Diesel and petrol lorries are to be banned in Britain by 2040 and all types of transport will be decarbonised by 2050, yet zero-emissions heavy lorries are still an aspiration rather than a reality, according to the Road Haulage Association. It is not clear who is going to meet the bill for this transition or what it is likely to be.

The Government have committed themselves to net-zero internal UK flights by 2040 but, once again, there is a gap between aspiration and reality with regard to sustainable aviation fuels and hydrogen aircraft delivering by 2040, and overcoming the need to fly less to achieve targets. Again, there is the issue of who will foot the bill for the transition and what it is likely to be. Rather than take urgent action to electrify rail, the Government cancel or defer electrification schemes. Rather than support consumers to purchase electric vehicles and create a nationwide network of electric vehicle charging points, the Government, once again, delay key decisions on all these crucial issues.

The Commons Public Accounts Committee said that the UK faces a “huge challenge” to get to 100% electric car sales by the target date, and commented on the lack of any kind of government plan to manage this major transition. That includes a plan for charging infrastructure, in particular to address the serious disparity in charger availability across the regions, and for sufficient publicly accessible chargers across the country, as a third of UK households with cars park on the street.

We will not be able to reach net-zero emissions without properly supporting the shift to electric vehicles, yet the amount given out to local authorities to fund charge point installation more than halved last year. What are the Government doing to ramp up the rollout of charging infrastructure in the UK? Will they support our plans to provide interest-free loans to help drivers purchase electric vehicles? Why are the Government allowing the sale of new polluting hybrids until 2035, which means they will be on our roads for many years to come?

During the pandemic, large numbers of people took advantage of quieter streets to take up cycling—many for the first time. Surely, we want to embed this behavioural change in seeking to reduce emissions, so why have the Government been so slow to release the funding for active travel they promised last year?

There is also little that is new in the plan to promote walking or cycling, or to help our public transport services recover after a devastating 16 months, during which the Government seem to have done their utmost to revive travel by car and supress travel by bus and rail. The continued wearing of face masks would help restore confidence in travel by train and bus. Instead, the Government say there is no longer requirement to do so and it is just tough on other people who are deterred from travelling as a result. It is contradictory of the Government to talk about reducing emissions from aviation when they are looking at reducing air passenger duty and have instigated inflation-busting increases in rail fares, and to say they are serious about reducing road traffic emissions when they have been promoting a £27 billion road-building programme.

Road transport in the UK releases the same amount of greenhouse gases as it did in 1990. A recent analysis by the consumer group Which? also found that train fares on eight out of 10 popular UK routes were some 50% more expensive than plane fares, despite 80% lower carbon dioxide emissions. The cross-party Environmental Justice Commission has published a manifesto for hitting targets for net-zero carbon emissions, which includes a recommendation to upgrade local public transport. What is the Government’s policy on the future level of rail fares compared to other more polluting forms of transport? What is the Government’s decarbonisation policy on local transport fares? Do the Government agree with the Climate Change Committee that investment in roads should be contingent on their compatibility with the UK’s net-zero target? If so, why are they pressing ahead with their £27 billion road-building programme, or are they now reviewing it?

The decarbonisaton plan refers to numerous consultation exercises on achieving the targets, which would appear to be an admission in itself that there is as yet no clear and credible policy on what exactly needs to be done and by whom, and at what cost and to whom, to deliver these targets. On the transport front, the Government surely also have to create an acceptance across the nation as a whole to walk, cycle and use public transport more and to drive less if we are to play our part in limiting global heating to 1.5 degrees centigrade. The Secretary of State said in the Commons last week:

“We want to make public transport, cycling and walking the natural first choice for all who can use them.”—[Official Report, Commons, 14/7/21; col. 406.]


The plan does not spell out how this objective will be achieved, what needs to change or how to bring it about.

Recent catastrophic climate events in Canada, America and across the channel in Germany, Belgium and the Netherlands have shown the true urgency of the need to address climate change now, not tomorrow. Setting dates and making assumptions about the pace and extent of technological advances to deliver in line with aspirational target dates does not constitute a carefully thought-through policy that sets out hard and credible evidence in support of the plan’s projections and assumptions or a realistic assessment of the welcome increase in British jobs that should be created. Government rhetoric and aspiration are no substitute for firm, specific and credible policy. We have again had the former in this decarbonisaton plan; we still await the arrival of the latter.

[Baroness Randerson (LD) [V]]

My Lords, there is no doubting the need for this transport decarbonisation plan and for that reason it is welcome. Transport is now the biggest single source of CO₂ emissions in the UK. Other sectors have managed significant reductions over recent decades, but improvements on transport have been marginal. That is the worrying thing about this plan, because it relies far too heavily on technological solutions. I looked in vain for reference to some of the more difficult choices that are needed.

The Statement reminds us that we are running out of time to tackle climate change and refers to the need to

“take decisive and radical action now”.

Then it goes on to promise that we can all carry on doing the same things: we can still fly to go on holiday, for instance, and technology will come to the rescue by 2050. The events of the last few weeks should surely have taught us that this is a climate emergency. As Canada burns and hundreds drown in Germany and Belgium, surely we must wake up to the need for rapid change.

The Statement has an almost fairytale quality to it, with far too many vapid “world-first” and world-beating references, which undermine the genuinely good aspects of this document. When it comes to transport decarbonisation, we are not in the world’s top tier. Noble Lords need not believe me on all this; the noble Lord, Lord Deben, has complained of too many long-term targets and a lack of short-term milestones, which are essential to make them meaningful.

The Rail Delivery Group makes the point that, if the Government want people to make greener travel choices, they must make use of the levers they have at their disposal to motivate public action. Rail, for instance, carries 10% of passenger miles but only 1.4% of transport emissions, so it is a climate-change winner; but only 38% of the network is electrified. Amazingly, the Government are currently consulting on cutting domestic air passenger duty. The RDG estimates that just a 50% cut in APD would lead to almost a quarter of a million fewer long-distance train journeys, with people shifting to flying as the cheaper option, leading to an additional 27,000 tonnes of carbon emissions.

The Government should use tax levers to make flying less attractive, not more. Funding for railways needs to concentrate on cheaper tickets, simpler fare structures and on making it easier to walk up and go. France has legislated to prevent short-distance flights for journeys under two and a half hours by rail, and the UK should follow this lead. The Government’s first priority must be to use taxation and their own policies to get us back on the buses and trains, which are by far the most carbon-efficient means of transport. That means subsidies, ending the ridiculous 10-year freeze on fuel duty and a change in taxation.

The Government need to look beyond the transport industry to taxation on sources of power. The rail industry is being penalised for moving from diesel to electric and now pays 40% of its electricity costs in taxes, whereas 10 years ago it was only 12%. Meanwhile, air passengers pay a much smaller proportion of their fares as climate-related costs. The Government still have a £27 billion road-building programme, which simply must be reviewed if their plan is to be credible. With their current targets, there will still be many petrol and diesel cars on our roads into 2050 and beyond. The pandemic has encouraged us all back to our cars and we need the Government to be bold to reverse that.

Technology has its place, and there may well be occasional bonuses to be derived from unexpected advances, but it cannot be the sole answer. The Government cannot shirk from grappling with the difficult behaviour change in choices. They can dream up all the targets they like, but they are meaningless unless the Government develop a sense of urgency, stop promising us lots of goodies and start actually doing something.

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, I thank the noble Lord, Lord Rosser, and the noble Baroness, Lady Randerson, for their input into this crucial moment in transport decarbonisation. It is the first time that any Government have taken a holistic and cross-modal approach to transport decarbonisation. It is the first plan of its type in the world. We have set out what we need to do and how we will end transport’s contribution to climate change in the next three decades.

As the Secretary of State for Transport said in the other place, this is not about stopping people doing things, banning things and all those things that the noble Baroness, Lady Randerson, is so keen on. It is about doing things differently. The plan is very much about taking the abstract—getting carbon out of our economy—and putting it into reality with actions, commitments and timings. Of course, there are many co-benefits to decarbonisation—we can have healthier and greener streets—and those too are very important.

The noble Lord, Lord Rosser, seemed to imply that consultation was somehow a bad idea. He complains that when the Government consult on this they have not made a decision. If I stood here and said that the Government had made a decision on something without consultation, I can imagine the response from your Lordships’ House, and it would not be good. Consultation is key for so many of these elements, and when we published the plan it was really heartwarming to see it widely welcomed by stakeholders from all across transport. That is because the strategic themes set out therein are so important.

As noted by the noble Lord, Lord Rosser, the first strategic theme is to accelerate

“modal shift to public and active transport”.


That is precisely what he said we were not doing, but we are—it is our number one strategic theme. The second is decarbonising road transport. We know that in transport itself, roads and road vehicles are the source of the greatest amount of emissions. The next theme of decarbonising how we get our goods—whether rail freight or road freight—will be really key in the future, as is establishing the UK

“as a hub for green transport technology and innovation”.

It is often omitted, but place-based solutions will be key. National Government cannot do this on their own; they will be reliant upon interventions from local transport authorities. Finally, on reducing carbon in a global economy, we are a leader, particularly for maritime and aviation. With those strategic themes in mind, I think the plan is a good one.

I will turn to a few more comments that the noble Lord, Lord Rosser, and the noble Baroness, Lady Randerson, made. We recognise that charging infrastructure will be one of the biggest challenges of our time, which is why we have committed £1.3 billion to ensure that we can decarbonise charging at home, in businesses and in public places. The Government will publish an electric vehicle infrastructure strategy later this year. That will set out exactly how we plan to take charging forward. We have also published our response to the consultation on smart charging, so we will lay regulations in the autumn. Therefore, all private devices will be required to be smart devices. That will benefit the energy network as a whole.

The noble Lord, Lord Rosser, talked about how he was not entirely happy with the transition between the 2030 phase-out date for petrol and diesel and the 2035 one for zero emissions at the tail-pipe. That is exactly why we published the Green Paper on the carbon dioxide regulatory framework, because we want to engage with people as to exactly what that transition will look like between 2030 and 2035. We have two big options. We could tighten efficiency-based regulations to align with the petrol and diesel phase-outs, or we could do that and make a zero-emission mandate. It is the case that carbon dioxide targets alone do not guarantee the take-up of zero-emission vehicles, or indeed that the 2030 target can be enforced. We would welcome feedback from all noble Lords on that. Within that, there will be a consultation on what vehicles should be in scope—what does it look like between 2030 and 2035? We want to hear feedback, because then we will set the most ambitious targets that we can.

The noble Lord seems not to have been reading my Twitter feed recently, which is disappointing. He said that we were not supporting public transport as we come out of the pandemic. Again, that is not entirely right. I have managed to secure well over £200 million-worth of funding for buses—that will take the bus network through to April next year—and only last week a further £56 million for the light rail sector, which will make sure that our really important tram and light rail systems can continue to operate and provide the really important services they do.

More widely, upgrading local public transport is really important. Again, buried in the small print of the transport decarbonisation plan is something that made me very excited as the Minister for Places in the Department for Transport. We will ask local authorities to provide quantifiable carbon reductions as part of their local transport planning and funding. That is game-changing; it really is. It sounds very dull but it really is not, because when local transport authorities look to do their long-term transport plans they will need to put decarbonisation at their heart. If they do that alongside their bus service improvement plans and all the other transport planning they do, it will be really key for the future.

Before I sit down I will address the phrase that is so often bandied about: the “£27 billion road-building programme”. I do not know what the noble Lord and the noble Baroness are talking about. It is a programme that provides for the operation of the roads. Therefore, traffic officers, maintenance of the roads to ensure that they are safe for users, and the renewal of our bridges, a lot of which are now about 50 years’ old and need a lot of work, are included in all that. Then there is some money for enhancements. I again press the noble Lord and the noble Baroness: if they have any particular enhancements they wish me to scrub off the list, I will be very happy for them to mention them in the House next time and I will consider them.

To go back to roads—this is about not just the strategic road network but all roads—the point is that carbon is a key consideration for all road enhancement projects. When I receive the business case about whether to invest taxpayer funding into a road, we always look at carbon alongside safety, the economic case, air quality and biodiversity. All those things are taken into account when we make decisions on road investments.

I am grateful to the noble Lord and the noble Baroness for their comments. I look forward to talking about this in greater detail in the coming months.

Railways: East Coast Main Line

Baroness Randerson Excerpts

Thursday 15th July 2021 Lords Chamber

[Baroness Vere of Norbiton (Con) [V]]

The noble Baroness is quite right, in that we have an ambitious programme in the rail sector but also in roads. She will know that we have a programme of work on the A1 and on several projects around the north-east. She makes a very important point. The Government are well aware of the opportunities to invest in the north-east.

[Baroness Randerson (LD)]

My Lords, it is estimated that Berwick could see a cut of 72 trains a week. Does the Minister agree that this is totally contrary to the principles behind the Government’s transport decarbonisation plan and the principles behind levelling up? The root cause of the problems is inadequate infrastructure capacity, long past its date for upgrading. What are the Government going to do about that?

[Baroness Vere of Norbiton (Con) [V]]

The Government have already invested, and are investing, billions of pounds in the railway system, including in the north-east. The noble Baroness mentioned once again the changes to the services in Berwick, and I will not dwell on that because I believe I have covered it, but I will say that there always difficult decisions to make. For example, Edinburgh gets more services out of this, which improves union connectivity. Edinburgh will have additional, faster trains to London. There will be a four-hour journey time. That will be highly competitive versus taking an aircraft.

Merchant Shipping (Cargo Ship) (Bilge Alarm) Regulations 2021

Baroness Randerson Excerpts

Tuesday 13th July 2021 Lords Chamber

[Baroness Randerson (LD)]

My Lords, I am grateful to the noble Lord, Lord Berkeley, for ensuring we have this opportunity to press the Department for Transport about the lengthy backlog of maritime safety legislation. I also thank the Secondary Legislation Scrutiny Committee for its work in diligently drawing our attention to the frequent shortfalls in this Government’s attitude to legislative rigour. It usually criticises the Government for taking excess powers for themselves, with too little parliamentary control or scrutiny but, for the backlog in maritime legislation, the problem is the opposite. The committee first drew our attention to this backlog a couple of years ago. I recall a Moses Room debate in which it featured strongly.

When challenged about the backlog, there has been no real explanation from the Government so far. The Secondary Legislation Scrutiny Committee, in its report on the Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations, draws attention to the Department for Transport’s original aim to deal with the backlog by the end of last year. Since the backlog goes as far as 2008, the problem is obviously nothing to do with either Brexit or Covid. The committee is clear that it wants an explanation of why the Department for Transport has not dedicated more resource to clearing the backlog. Listening to noble Lords this evening, I think we are united in that view.

Let us be clear about the impact this has. We are supposed to pride ourselves on being a seagoing nation. The Government trumpet global Britain as their aim. Later this year, they will host COP 26, no doubt pushing the view that they are tackling climate change head on, yet they are knowingly allowing our maritime industries to work with outdated safety and environmental standards.

In respect of the air pollution regulations that I referred to earlier, it has left the Maritime and Coastguard Agency without adequate enforcement powers for over five years, since 2016. In relation to the bilge alarm regulations that are the subject of this Motion to Regret, the situation is even more grave. First, the rest of the backlog relates to implementing international standards, but the bilge regulations are the product of a domestic maritime accident, and of recommendations made in 2009 by the Maritime Accident Investigation Branch. That was 12 years ago. The Explanatory Memorandum states that this life-saving measure—which the noble Lord, Lord Berkeley, points out would cost £100—would apply to 425 ships on the UK register. It also notes that there have been nine similar incidents since 1996, so this is not an overcautious approach.

The response of the Department for Transport is that

“only a relatively small number of vessels are in scope of this proposal so it was initially viewed as disproportionate to advance this regulatory package on its own.”

Since this is a negative instrument, if it had come to us a decade ago, it would have been almost unnoticed and almost certainly not debated. No one here this evening is opposing these regulations. This delay represents an approach which values human life very cheaply. It is unacceptable.

Like the noble Lord, Lord Rooker, I finish with some questions for the Minister. Why is there such a backlog? Exactly how many pieces of legislation are we waiting for? Can the Minister please undertake this evening to place a list of all the overdue legislation in the Library, for public record? Why has the Department for Transport not assigned more staff to clearing this backlog, and what is its target date for doing so? What assessment have the Government made of the impact of our outdated maritime safety and environmental legislation on working practices aboard UK-registered vessels, and what has been the impact on our international reputation as a maritime power? Finally, the Minister will be aware of the phrase “flags of convenience”. Do the Government have any evidence of ships seeking to register in the UK specifically because our maritime legislation is out of date and does not adhere to the highest and best standards?

Those engaged in our maritime industries, as the noble Lord, Lord Rooker, and other noble Lords, have indicated, feel overlooked and disregarded. The Government need to put that right.

Railway (Licensing of Railway Undertakings) (Amendment) Regulations 2021

Baroness Randerson Excerpts

Monday 12th July 2021 Grand Committee

[Baroness Randerson (LD)]

My Lords, like the noble Lord, Lord Kirkhope, I am a firm fan of both Eurostar and the shuttle service through the tunnel. I mainly take the Eurostar to Brussels for family reasons but I have gone on to a number of other locations on that excellent service. One of the things I have really missed in the last 15 months is those regular trips through the Channel Tunnel.

Given the months of political wrangling about whose responsibility it was to prop up Eurostar, it is a relief to see that at least this aspect of Channel Tunnel services seems to be progressing in a straightforward manner. This SI has a limited application but is nevertheless fundamentally important in keeping people and trade flowing between the UK and the EU and mainland Europe.

When there are so many stories of additional post-Brexit hurdles for those wanting to do business with the EU, it is important that this SI is presented in anticipation of the UK and the EU reaching an agreement at the end of September. I join the request to ask the Minister to update us with the latest information on the discussions with the EU. Is this agreement firmly on track? Can we be confident about it? I have a sense of Groundhog Day about these regulations, as I recall a similar measure in preparation for Brexit in 2019.

The SI is to be welcomed, especially because of the increasing awareness of the environmental importance of encouraging international rail transport, both passenger and freight. EU countries have recognised this and there is strong growth in the number of long-distance rail services being launched to replace air travel. I thoroughly recommend the journey using the Channel Tunnel through to Lille then taking the TGV further south. It is a brilliant and luxurious way to travel, even in standard class. The need to replace air travel applies to both passenger and freight travel. France has even legislated to prevent short domestic air journeys. I hope that the UK Government will similarly work to encourage long-distance rail in our country and use HS2 in the way in which it should be used to encourage that.

I want to take this opportunity to ask the Minister about the level of freight services through the tunnel in the last 18 months during the pandemic. I am especially keen to look at the levels of freight using the tunnel pre and post Brexit. We know that passenger travel has been heavily hit but freight should be flourishing, especially because of the shortage of HGV drivers. The two specialist freight operators using the tunnel are sure to be well placed to take some of the heat out of this situation. I look forward to the Minister’s comments in the hope that she can reassure me that freight is flourishing.

Motor Fuel (Composition and Content) and the Biofuel (Labelling) (Amendment) (No. 2) Regulations 2021

Baroness Randerson Excerpts

Monday 12th July 2021 Grand Committee

[Baroness Randerson (LD)]

My Lords, these regulations involve the transition from E5 to E10 for premium petrol. I thank the Minister and her officials for their previous assistance and help in explaining the purpose of these regulations. However, I share the concerns just expressed by the noble Lord, Lord Lucas.

The Secondary Legislation Scrutiny Committee has some harsh things to say about the way the regulations have been presented. It says that

“issues are raised in the Impact Assessment … that are glossed over in the Explanatory Memorandum”.

Specifically, the committee cites

“the role of E10 in propping up the UK’s struggling ethanol production sector”.

The impact assessment mentions the reason for this problem being lower than expected demand for ethanol across Europe. What are regarded as the reasons for this lower than expected demand? It may be that there is a sound reason for that, which could be increasing awareness of the disadvantages of ethanol as a solution to the problem of how to make our petrol less polluting by reducing emissions from it, or it could involve other European countries finding an alternative solution.

The second thing the committee cites is

“comparative CO₂ savings from ethanol and other biofuels.”

It believes that there needs to be more clarity here.

Thirdly, the committee talks about

“the long term costs to motorists as E10 delivers lower miles per gallon.”

Taking this last point, although a gallon of E10 petrol might emit less CO₂ than E5 petrol, if it burns faster and allows you to do fewer miles per gallon, surely the CO₂ savings are all but, if not entirely, cancelled out? The picture is further complicated by the fact that E10 can actually be anything between E5.5 and E10, so changes or improvements are likely to be gradual. Is the Minister convinced that this is really the right way to go to reduce CO₂ emissions? Are the Government convinced and confident that this is not their version of Gordon Brown’s ill-conceived push to encourage us all to buy diesel cars?

The Minister says that the industry supports this measure. It would, would it not? The ethanol industry is said to be struggling, so it would be bound to support this measure. The Government also say that the industry will not introduce E10 unless mandated by the Government. I am concerned that the Government are being led by the industry rather than by the environmental needs of the country and the needs of drivers.

Clearly, I support efforts to reduce greenhouse gas emissions from transport, which are now the largest single source of those emissions in the UK, but the noble Lord, Lord Lucas, rightly criticised the fundamentals of this. Ethanol production is mainly from crop feedstocks: wheat, sugar beet or corn. This is controversial as it takes up farmland that could be used for growing food. We are increasingly aware of the importance of growing more of our own food in the UK and relying less on imports because their environmental footprint is larger. Biodiesel is made from waste cooking oil, but the noble Lord, Lord Lucas, pointed to problems with that too.

The impact assessment warns that ethanol could at least temporarily replace other biofuels such as biodiesel, which has a higher greenhouse gas saving. Even if this does not happen, it will enable the Government to achieve only 7% of their additional transport savings required under their fifth carbon budget. That leaves 93% to be tackled by other means.

My question to the Minister is: why are the Government not being bolder? We no longer have to wait and work at the pace of the EU. EU targets are more than a decade old and have certainly led to significant improvements, but we now face real urgency to do something in this country. There is still another 14 years of sales of petrol and diesel vehicles before the Government’s 2035 target comes into view. The Government must devise new ways to counter the increase in average emissions from new cars as drivers opt for larger vehicles. Despite the technology being there, the emissions are going up on average—not down, as they should be.

Far-distant targets are not effective. We now need annual targets so that there is a constant process of improvement. We need a system of tax rewards and penalties to encourage faster take-up of the less polluting models, with the greatest rewards for those buying ZEVs.

Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2021

Baroness Randerson Excerpts

Thursday 8th July 2021 Grand Committee

[Baroness Randerson (LD)]

My Lords, I thank the Minister for her explanation and thank her officials for their helpful advice. This is the latest episode in the sad saga of the Northern Ireland protocol, and it is an example of the contortions the Government have had to undertake to enable the economy of Northern Ireland to function according to EU rules, as it must do in order to avoid a hard border, and at the same time to remain part of the UK economy. The solution, of course, was the only one available: that is that, effectively, EU standards will continue to apply.

In this instance, Northern Ireland was omitted from the previous SI, which covered just Great Britain, because of concerns about how Northern Ireland coverage would be achieved. Other noble Lords have referred to their worries in that respect. The result is, as the noble Lord, Lord Berkeley, commented, that Northern Ireland has operated without any rules on new vehicle emissions since January, and will continue to do so until September. This gap has occurred despite the Department for Transport being fully aware.

Can the Minister explain why this SI will not be implemented immediately? The Government have a long record of introducing legislation with instant application; sometimes it is even introduced in retrospect. Since these same rules apply in the rest of the UK now, and since these are effectively EU rules, and therefore nothing new, I cannot think of a single reason why they should not immediately come into force, and why the people of Northern Ireland should not have the same protections on air quality as the rest of us.

The noble Lord, Lord Berkeley, explained his concerns, and mine are very similar. My fear is that some unscrupulous dealers, or even manufacturers, may be using this legal lacuna to offload old stock or substandard products. After all, the Volkswagen scandal is less than six years old. Those vehicles were manufactured to deceive, fitted with defeat devices to disguise the real levels of emissions. Given the lengths they went to in order to cover up the scandal, it would be reasonable to expect some in the motor vehicle industry to try to take advantage of the gap in regulation now in Northern Ireland. Volkswagen was not alone. Since that time, there have been several other scandals of a similar nature, hence the EU’s attempts to tighten up on the way the emissions-testing system is undertaken.

Can the Minister say whether the Government have done any surveys or alerted trading standards in Northern Ireland to a potential problem as a result of this lacuna? What protection will consumers in Northern Ireland have if they buy a vehicle at this time and then subsequently find it is not up to modern emission standards? The Government would do well to keep a close eye on the Northern Ireland vehicle market.

On a fresh point, I want to ask about the interrelationship between this SI, and the previous one for Great Britain, and the recall clauses in the Environment Bill. We dealt with those last Monday evening; they will allow the Government to recall any vehicle which fails to meet the environmental and emissions standards applicable at the time of sale. My questions to the Minister that evening led her to confirm that recall could apply to a vehicle or its components that either did not meet the standards that applied when new or subsequently failed to meet them. Manufacturers will be liable for the full costs of recall, potentially including compensation to consumers. The Minister then confirmed that it was intended to apply to deliberate or accidental failure to meet the standards.

Can she explain where consumers in Northern Ireland will stand? They are happily buying vehicles now, probably unaware that no proper rules are in place. What will be their rights in a couple of years’ time if they discover their vehicle does not comply with the rules that should be in place, had it not been the case that the Government decided to leave Northern Ireland without legal cover for six months or so? Are the Government sure that the previous SI, for Britain only, will also fit neatly with the recall clauses?

It is a pity that the Government are still running to catch up on an issue as vital as vehicle emissions. If targets are to be met, they really need to be getting ahead by setting interim targets and incentivising consumers. I look forward anxiously to SIs for those, rather than SIs such as this, for which there are so many questions.