Operation Brock

Debate between Baroness Sugg and Baroness Randerson

Monday 8th April 2019 Lords Chamber

[Baroness Randerson]

To ask Her Majesty’s Government whether they have reassessed the safety of the contra flow on the M20, installed as part of Operation Brock, following a series of accidents since the installation of barriers.

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

My Lords, the Operation Brock contraflow system using barriers on the London-bound carriageway between junctions 8 and 9 of the M20 has been in place since 25 March. Although some incidents have been reported, which is of course regrettable, this is not dissimilar to other roadwork contraflows. Highways England and Kent Police agree that no changes are currently required as a result of these incidents, but they will continue to closely monitor the use of Operation Brock to ensure driver safety.

[Baroness Randerson (LD)]

My Lords, there have already been half a dozen accidents, one of which held up the traffic for 13 and a half hours on that short stretch of motorway. That is not normal for motorways in this country. The impact on the rest of the roads in Kent is considerable, because people are seeking to avoid the contraflow. Can the Government give us an assurance that, in the light of yesterday’s criticism from DFDS ferries and Kent County Council, a full audit of the situation will be undertaken? Can the Government undertake to remove the contraflow if and when we resolve our issues on Brexit?

[Baroness Sugg]

My Lords, since Brock became active, five road traffic collisions have been reported to Highways England, although that is yet to be validated as an official statistic. It is not dissimilar to other contraflows; there have been five incidents in the same period within the adjacent M20 smart motorways roadwork. However, I reassure noble Lords that Highways England will closely monitor the performance of the contraflow and ensure that the M20 continues to operate safely. The point of Operation Brock is to ensure that the M20 does not close down, which would obviously have a terrible effect on local roads. Both Highways England and Kent Police will continually monitor the situation.

Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019

Debate between Baroness Sugg and Baroness Randerson

Thursday 21st March 2019 Lords Chamber

[Baroness Sugg]

I thank noble Lords for their contributions. Turning to the questions on consultation from the noble Baroness, Lady Randerson, I say that the aim of this legislation is to maintain the status quo as far as possible through technical amendments to the existing regime. We have engaged with the Confederation of Passenger Transport, as the main industry representative, and the Federation of Passenger Transport Northern Ireland, the FPTNI. The industry has been supportive of the application to join Interbus, as this will give liberalised, unlimited access to run occasional services in the EU, which covers the vast majority of activity by GB operators. There is little use of cabotage on occasional services, because UK carriers are normally taking the same group of passengers to a destination in the EU, then bringing them back.

We have been working closely with industry to make sure it is informed. While this SI makes technical changes, this SI, the EU regulation and the accession to the Interbus agreement together give maintenance of the status quo. Letters are going out to every operator which holds an international licence, to inform them about future processes. The trade association, the Confederation of Passenger Transport, is making members aware via social media, newsletters and email, and the information on GOV.UK which the noble Baroness referred to.

The noble Baroness asked about the effect on the International Road Freight Office. Relatively few authorisations are required by EU operators. We expect there to be about 150, rather than 600—600 is the top end of the estimation. There is a simple process; operators have to pay only for postage and, possibly, translation. Some operators already apply directly through the IRFO rather than their home member state, so we do not expect there to be a huge effect.

There is an issue with this two-day gap. It might be helpful if I explain why we have it. The Interbus agreement can come into effect only on the first of the month. If we had laid the SI earlier, the agreement would still have come into effect on the first of the month, as the agreement itself specifies that. We cannot become a contracting party until we leave the European Union. We are working closely with the European Commission to find a solution to overcome that gap in provision—

[Baroness Randerson]

Have I understood this correctly? Suppose we were to leave the European Union on the 15th of the month—I am plucking a date out of the air—we could not access the Interbus agreement until the first day of the following month. Therefore, we should be grateful that it is only a two-day gap, because it could be a gap of about 28 days, if things work out wrongly.

[Baroness Sugg]

The noble Baroness is right: we are grateful that it is only a two-day gap. Should we not leave on 29 March, we may have a longer gap to contend with. However, we are working closely with the Commission and are very optimistic about getting a solution. Our preferred approach is to deposit a note verbale with the General Secretariat of the Council, stating that we propose that our accession be treated as coming into effect on the first day of exit. Once we have resolved that, we hope that we will be covered regardless of the length of the gap. That is particularly important for Northern Ireland, as I believe there are some major sporting events going on which will require lots of cross-border travel.

The Interbus agreement provides for liberalised occasional coach services—holidays, school trips and private tours between contracting parties. As I mentioned in my opening speech, those parties are the European Union and seven eastern European members. We intend to accede to the protocol of the agreement in our right regarding the international regular and special regular carriage of passengers by coach and bus. The protocol to expand the service to regular services is in progress.

The noble Baroness points out that the process has been quite slow. It opened on 16 July 2018. As of 13 March, no contracting parties had signed the protocol. We need only four contracting parties; obviously we will be able to sign it once we become a contracting party. We think we will see other signatories join but, if it is not in place by 31 December, we could either negotiate an extension for regular and special regular passenger services with the EU, which are covered under the current EU regulation, or seek to put bilateral agreements in place. At the moment, we think Interbus is the best solution to provide regular services, but we have options if that is not the case.

Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019

Debate between Baroness Sugg and Baroness Randerson

Monday 18th March 2019 Lords Chamber

[Baroness Sugg]

The Commission’s proposal includes the right for UK hauliers to complete point-to-point journeys and transit journeys. It also offers limited cabotage and cross-trade journeys. Cross-trade journeys are limited compared to what UK hauliers can do now, which is three movements in seven days. They will still be allowed to do two cross-trade or cabotage operations on every international trip for the first four months of these regulations, then one cross-trade or cabotage operation every trip during the next three months.

[Baroness Randerson]

Could I point out that this complexity underlines the importance of consultation and, therefore, public awareness? People in the industry could be forgiven for being confused.

[Baroness Sugg]

I agree with the noble Baroness. The EU has proposed a complex system. It has been clear that it is not replicating current market access provisions, but it is ensuring basic connectivity and phasing out the current system by the end of the year. However, given that UK hauliers are allowed to have these journeys, we do not expect the vast majority of haulage operations to be able to continue. We have ECMT permits to fall back on.

As I said, the measure is based on the UK granting reciprocal access. To protect businesses and minimise disruption, we are currently offering more to EU hauliers than the EU is offering us, so we are mirroring the situation at the moment. We have the power to amend this and mirror the EU’s offer. The regulation does not cover transit to third countries, but will cover transit to EEA countries such as Norway, so we will use the ECMT permits to those third countries. It also makes it clear that bilateral agreements with the UK can be negotiated and concluded for periods during which the regulation applies—for example, after December 2019—but should we be in a no-deal scenario and should these regulations come in, we will of course be negotiating at pace to understand our future arrangement.

If we leave the EU without a deal, we will not be able to issue Community licences, as we will no longer be a member state. Therefore, we have had to come up with a replacement document: the UK licence for the Community. UK hauliers should continue to carry their current Community licence, which lasts for five years. Only when a Community licence expires will it be replaced by the new UK licence for the Community.

Aviation Noise (Amendment) (EU Exit) Regulations 2019

Debate between Baroness Sugg and Baroness Randerson

Tuesday 12th March 2019 Grand Committee

[Baroness Sugg]

I understand the noble Lord’s point, but competent authorities will not be appointed by this SI. That was done last year following extensive consultation. As I said, that role was to follow the balanced approach of ICAO. Article 3 of Regulation 598/2014 requires competent authorities to be independent.

Of course, the Government and the Secretary of State are allowed a position on airport expansion. They are very clear on the benefits that expansion at Heathrow will bring. That will have an impact, which is why we set out lots of requirements in the national policy statement. The Secretary of State is not deciding on the planning process; that is being done through the independent planning process, as is right.

Under Regulation 598, the appeal route is broadly aligned with the planning process, so there may be scope to challenge any local planning authority’s decision related to operating restrictions. That is the appeal process under the Town and Country Planning Act 1990. For all other cases, including where the Secretary of State was the decision-maker, judicial review would be the appropriate route for challenging that decision. There is independence there on the granting of planning permission and the appeal route.

As I said, I very much understand the impact aviation noise can have on communities. As Aviation Minister, I am alive to it, which is why we suggested many new noise policies in our consultation on the aviation strategy. This SI is purely about the regulatory framework and will ensure the continuity of aircraft noise standards and certification and the process for considering operating restrictions at airports in the event of no deal. Noise policy is covered extensively elsewhere.

[Baroness Randerson]

Will the Minister address the issue of the nature of the consultation? Did any of the meetings, workshops and long-established stakeholder forums include local authority representatives or representatives of community groups established across the country by airports?

[Baroness Sugg]

For this SI, they did not because the communities are not going to be affected by it. We consulted when we were appointing competent authorities because that will affect them. That was properly consulted on in 2017 ahead of those regulations coming into force. We did not consult on this SI because we do not believe that it is going to affect communities. It is purely about transferring the regulatory framework and not about the noise or competent authority policies. We are having a full consultation now on our aviation strategy after setting out some policy positions. We will certainly meet community groups; we are meeting community groups and will continue to meet them as the consultation evolves and the strategy develops.

Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019

Debate between Baroness Sugg and Baroness Randerson

Tuesday 12th March 2019 Grand Committee

[Baroness Randerson]

Can I take us back to the CAA’s 59 new employees? I am delighted to hear that progress has been made. However, it occurs to me—going back to what the noble Baroness said at the beginning of her response—that this SI is for a no-deal scenario, but the CAA has had to recruit for a no-deal scenario that might not happen. I am sure most of us very much hope that it will not happen. What will happen to these staff if there is a deal and good transition arrangements that allow us to continue as members of EASA and dovetailing in? I am not trying to have it both ways; I am not trying to say that they should not have been employed because they might not be needed. It just occurred to me that this is nugatory expenditure, but it might also have an impact on the permanence of people’s employment.

[Baroness Sugg]

The noble Baroness makes a very good point. These are difficult decisions. We need to make sure that we have contingency plans and the right people in the right place. On the cost of those people, the DfT gave the CAA £2.7 million from the Treasury to build up contingency. These costs have yet to be transferred to industry, at least. She is quite right that people are being affected. I cannot speak for the CAA and its human resources plan, but it is an excellent employer and I am sure that it will have a good plan. Regardless of whether we get a negotiated agreement, many other aspects will need to be discussed, such as our future relationship following the end of an implementation period. I very much hope that those people will be used and used well. However, I will take up that point with the CAA next time I speak to it.

As I said, we are working towards a negotiated agreement that is supported by Parliament, and we very much hope that that will happen. However, we need to ensure that we are prepared in the event of no deal, and this draft instrument is a key part of the preparations. Aviation safety is a priority for us and, as the noble Baroness said, that has been highlighted by the tragic events over the weekend.

Both the UK and the EU have set out their intentions on safety regulations to ensure that we have the plans we need in place and to ensure that we continue to have a high-level—a world-leading level—of aviation safety, irrespective of the outcome of the negotiations. I beg to move.

Aviation: Boeing 737 MAX 8 Jets

Debate between Baroness Sugg and Baroness Randerson

Monday 11th March 2019 Lords Chamber

[Baroness Sugg]

I thank my noble friend for his question. The UK is a leader in global aviation safety and we will continue to be so regardless of the outcome of our negotiations on Europe. We want to remain a member of EASA and very much hope to do so, but I confirm that the CAA, which already carried out many safety responsibilities, is fully prepared to do so in the event of no deal.

[Baroness Randerson (LD)]

My Lords, the key to aviation safety is the sharing of information. Large batches of data enable the relevant safety agencies to spot trends and highlight specific problems. Yet, tomorrow, we will be discussing aviation safety regulations which, in the event of a no-deal Brexit, will cut us off from the automatic flow of information from EASA to which the Minister referred. They give powers instead to the Secretary of State, with no transparent decision-making. Forgive me if I am not brimming with confidence about that process.

There will clearly be an investigation of the safety of the Boeing 737 MAX 8 jets. It could well cross over until after Brexit. How will the Government ensure that we get full information from EASA and that we share fully our information on those planes?

[Baroness Sugg]

My Lords, as I said, we want to continue as a member of EASA. Safety is our priority and it is in both our interests for us to continue to be a member of EASA. Regardless of the outcome of the negotiation, we will of course continue to work very closely with our European and global partners to keep our people safe in the skies.

Brexit: British Airlines

Debate between Baroness Sugg and Baroness Randerson

Tuesday 5th March 2019 Lords Chamber

[Baroness Sugg]

IAG has a very complex ownership structure, as do many airlines. This is truly an international industry. Its EU airlines will need to satisfy the EU requirements, but they have six months to do so. These EU regulations will not have any effect on BA, which is a UK airline with a UK operating licence. It will need to meet our requirements and it does so.

[Baroness Randerson (LD)]

My Lords, the Government have devoted a lot of taxpayers’ money to try to avoid major lorry queues around Dover. East Midlands Airport is the aviation equivalent of Dover: it is our major freight airport. The infrastructure around that airport will not be able to cope with long queues in the event of a no-deal Brexit. What assessment have the Government made of the problem in that area? What measures are they planning to put in place to avoid lorry queues and congestion around East Midlands Airport?

[Baroness Sugg]

The noble Baroness is right to point out the importance of East Midlands Airport for our freight capacity. In the event of no deal, the Government are designing customs arrangements in a way that ensures that goods can continue to flow. As we have made clear, we will not compromise security on the border, but keeping goods flowing is of vital importance. We are working very closely with East Midlands Airport to minimise disruption.

HS2: Electricity Supply

Debate between Baroness Sugg and Baroness Randerson

Tuesday 26th February 2019 Lords Chamber

[Baroness Sugg]

My Lords, I am sorry to dash my noble friend’s hopes but we remain committed to phases 1, 2a and 2b of HS2. As I have said, it will improve connectivity across our country. Our railways are full, with the doubling of passenger numbers since privatisation, and it is essential that we build a new line to allow space on other rail lines and thus improve things for passengers.

[Baroness Randerson (LD)]

My Lords, I am pleased to hear the Government’s continued support for HS2, but the department which failed to set up a contract to deliver a few extra ferries is unlikely to inspire public confidence in the management of big projects. How are the Government ensuring that every aspect of the HS2 costings is re-examined and questioned so that we can be confident that it is good value for money?

[Baroness Sugg]

My Lords, I agree with the noble Baroness that we have to ensure that the project is good value, because £55.7 billion is a lot of money. The full business case is planned for later this year, and that will reassess the phase 1 scheme against the standard business-case criteria. That business case will provide an updated benefit-cost ratio for the phase 1 scheme.

Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2019

Debate between Baroness Sugg and Baroness Randerson

Monday 25th February 2019 Lords Chamber

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

My Lords, this draft instrument will be made using powers in the European Union (Withdrawal) Act 2018 and will be needed if the UK leaves the European Union in March without a deal. It amends single European sky legislation, the four basic regulations which provide the framework for EU air traffic management regulation, and the implementing regulations which set out the more detailed requirements.

The implementing regulations cover air traffic management interoperability: the manner in which the UK works with other states to deliver air navigation services; the organisation of airspace; the safety and oversight of air navigation services; new technology and how it is to be used; and a system of performance and economic regulation for air navigation services. The single European sky legislation supports the EU initiative to improve the efficiency of air navigation services while maintaining safety within the European air traffic management system. The delivery of air navigation services is vital to ensure that congested airspace can be used safely and efficiently. The services regulated by the single European sky legislation support air traffic growth by ensuring the safe separation of aircraft. If these services are not provided in an efficient way, it can cause considerable delays, with resultant costs and disruption to airlines and passengers.

This draft instrument will ensure that the effective regulation of air traffic management arrangements in the UK continues in the event of no deal. It addresses areas where retained EU law will no longer function effectively after leaving the EU. It does this by removing governance and oversight roles of EU bodies that cannot be performed by the UK after exit and assigning them instead to the Secretary of State or the Civil Aviation Authority, and by removing regulatory tools where there is already satisfactory UK legislation. Where possible, roles currently undertaken by the European Commission and EU bodies are being transferred to the Secretary of State or the Civil Aviation Authority, but where they relate to pan-European functions, including air navigation services delivered by more than one state, they are being removed.

The instrument includes arrangements to recognise EU-based certifications and authorisations existing immediately before exit day. For example, EU air navigation service providers operating in the UK that have certificates issued prior to exit day will continue to have their certificates recognised by the CAA, which will allow them to continue to provide services in some parts of UK airspace. These certifications and authorisations will be preserved for a maximum two-year period, subject to any earlier expiry or termination, which will provide continuity until another agreement is reached with the EU on these issues.

The single European sky legislation includes a regulatory framework for the development and deployment of new technology and ways of using it: the Single European Sky Air Traffic Management Research programme, or SESAR. In the event of no deal, the UK will not be able to participate in or legislate for SESAR governance arrangements. We are, however, retaining requirements for the deployment of new technology arising from SESAR for the UK’s air navigation service provider, NATS, and some UK airports, to ensure that UK arrangements are modernised in line with those of the EU and that interoperability is retained.

The instrument also ensures that the UK can continue to comply with its international obligations, such as those set out under the Chicago convention, which governs international civil aviation. This is done by retaining regulations that currently dictate how we comply with the standards and recommended practices—SARPs—adopted by the International Civil Aviation Organization under that convention.

Again, the best outcome is for the UK to leave with a negotiated deal, and delivering that deal remains the Government’s top priority but, as a responsible Government, we must make all reasonable plans to prepare for a no-deal scenario. The instrument maintains the existing regulatory framework and technical requirements for air traffic management to ensure the continued provision of efficient, safe air navigation services and the effective regulation of the UK air traffic management system, as well as to maintain interoperability between the UK and the EU after the UK exits the EU. This instrument also ensures that in the event of a no-deal exit from the EU, the UK has effective regulatory arrangements for the UK’s air traffic management system and that the aviation industry—in particular, the CAA and NATS—has clarity about the regulatory framework which would be in place in that scenario. I beg to move.

[Baroness Randerson (LD)]

My Lords, no SI better epitomises the efforts of the Government to force us into splendid isolation. Anyone who has studied history at any time will remember that 19th-century concept of British diplomacy—which got us precisely nowhere in the end.

Modern air traffic management is based on a complex network of international treaties, organisations, protocols and rules that has built up over many years in the interests of safety, efficiency and limiting the environmental impact of aviation. I welcome the fact that just for once, under the section in the Explanatory Memorandum on consultation, there is reference to a specific view of stakeholders. It might have been a limited consultation, but we have a report that they want continuity of the regulatory framework—well, of course. Despite this, this SI is full of efforts to shoehorn the necessary changes into the existing approach. However much there are attempts to continue as normal, there will be significant changes.

There are several issues I want to raise. First, paragraph 7.3 of the Explanatory Memorandum states that some powers now held by the EU will come to the Secretary of State and some to the CAA, but air navigation services delivered by more than one state are simply being removed by this SI. Surely this will lead to a dangerous lack of co-ordination. Will the Minister explain what will happen in that yawning gap once the EU powers are removed?

Paragraph 7.9 states:

“The UK will remain a contracting State of Eurocontrol”.


Eurocontrol is an intergovernmental organisation regulated by the EU. I realise that membership of this organisation is essential for the interoperability of air navigation systems, but I was quite surprised to see that we are going to remain a member, given that the EU has powers over it. Has the Minister explained this to her colleagues who are in favour of leaving the EU? The compromise appears to be that we will accept the rules of Eurocontrol, but will be unable to participate in its governance. That seems a pretty poor deal, but I appreciate that we have no choice but to remain a member.

I have a question on functional airspace blocks, or FABs. They do not follow state boundaries, and we share an FAB with Ireland. My recollection is that a large proportion of Atlantic air traffic passes through that FAB. After Brexit, we will have no legal basis to participate in the FAB and in future, any involvement —so the Explanatory Memorandum states—will be discretionary. However, there is no word in the EM about what the Government would like to do. Is it their intention to try to remain a member of the joint functional airspace block with Ireland, and will leaving it be something they do only unwillingly, if forced? There is nothing in the Explanatory Memorandum about Ireland if we cease to participate. We are looking here at the splintering of the co-ordination on airspace functioning, and I believe that it would have a very serious impact on Ireland if we ceased to participate.

Motor Vehicles (Compulsory Insurance) (Amendment etc.) (EU Exit) Regulations 2019

Debate between Baroness Sugg and Baroness Randerson

Wednesday 20th February 2019 Lords Chamber

[Baroness Sugg]

I thank noble Lords for their consideration of these draft regulations. I start by saying that this is not a situation the Government want to be in. We do not want no deal; we are working very hard to achieve a deal. We do not want to be in a situation where visiting victims provisions are no longer available to UK residents injured in the EEA. That is why we are trying to achieve a deal with the European Union, which is something that I hope will happen very soon. The removal of the visiting victims obligation in respect of the Motor Insurers’ Bureau would be a sensible approach in the event of no deal. It will ensure that the insurance industry and, ultimately, people who pay for insurance documents are not hit with an extra cost—the burden would ultimately fall upon UK motorists.

In response to the specific questions raised, as I acknowledged in my opening speech, this SI was upgraded from negative to affirmative. It did not contain provisions falling within paragraph 1(2) of Schedule 7 to the withdrawal Act, requiring it to be made under the affirmative procedure, but we understand why the committee was concerned and we are happy to relay it in the affirmative procedure.

On consultation, I can confirm that, yes, we speak to the RAC, the AA, personal injury lawyers, the insurance industry, the Motor Insurers’ Bureau, the Financial Conduct Authority and consumer organisations. It may be helpful to reiterate that, in the event of no deal, the motor insurance directive, which facilitates the visiting victims scheme, will no longer apply. A decision therefore had to be made because that would mean that the MIB would continue to compensate UK residents injured in the EEA without the ability to claim reimbursement from its foreign counterparts.

Also, the MIB would have to pay for claims made by EU 27 visitors injured in the UK, without UK visitors to the EU benefiting from those same benefits. Ultimately, this could mean that UK motorists in insurance schemes are paying, without any reciprocity, for EU 27 visitors injured in the UK. As I said, we would like to continue being part of the reciprocal scheme but, by leaving the EU, we will no longer be part of the motor insurance directive and will not be able to do so. I reiterate that this does not mean that UK residents will not receive compensation. They will still be entitled to compensation, although, as the noble Baroness pointed out, this will have to be claimed in the country where the accident happened, which will lead to additional complexities and costs.

[Baroness Randerson]

Could the Minister please take on board the need for people to know about this? I hope that she will come to the issues of why there was no consultation and the sensitivity of consultation. In view of the fact that there has not been consultation, I note that I have not seen any media coverage at all of this issue. There will be people going on their holidays—over Easter, for example—blissfully unaware of the potential impact of these changes if there is no deal. The Government need to take responsibility for advertising this situation—putting something on the government website would be useful because insurance companies, when granting insurance, could give people a pointer to information on the government website.

[Baroness Sugg]

I agree with the noble Baroness that the Government have a responsibility to ensure that people are aware of this. A communications campaign was launched in February, which has notified citizens about how the changes to claims can be pursued. It advises that in the event of a no-deal exit, UK residents involved in a road accident while abroad would need to bring their claim in the country concerned. That campaign is live, with radio, digital and social media. The noble Lord, Lord Adonis, heard an advert on Spotify, as he mentioned in a previous debate. We are also directing stakeholders to an external site where they can download and share information with their clients; we will continue to do that.

This is an area where we continue to pursue agreements with other EU countries: we are pursuing bilateral agreements and the MIB is having those conversations with its EU equivalents. The nature of the conversations is sensitive, involving the reciprocal payments of insurance claims; that is why the specific detail has not been published. As I say, we acknowledge that this is not an ideal outcome for citizens. It is a sensible alternative, after weighing up the options, but achieving a deal remains our greatest priority.

The impact assessment lays out the five options that we considered, including a “do nothing” policy, but in each there would be a direct cost to victims of traffic accidents. People are still able to make claims, but they will have to do that in another country. I am not able to give a specific cost. The noble Baroness is correct to point out that this equates to 5,000 motorists a year. The additional costs incurred by a victim would depend on a number of factors and the complexity of the case.

On green cards, the noble Lord, Lord Adonis, quite rightly quoted the comments from the SLSC report, which were put in the new Explanatory Memorandum. The noble and learned Lord, Lord Hope, was quite right to point out that this SI does not equate to green cards, but I am happy to address it briefly. The Government want to remain part of the green card free-circulation area. We meet all the requirements needed to remain part of it when we leave the EU. That has not yet been agreed by the Commission; we very much hope that it agrees that soon. They can be obtained from insurers, free of charge. The noble Lord is quite right to point out that that could mean 2 million to 4 million green cards. We are working very closely with insurance companies to ensure that people are informed of this. My noble friend Lady Barran, our new Whip, received such a contact from the insurance industry very recently. However, this is something that we want to avoid and that is why we are very hopeful that the Commission will agree that the UK can remain part of the green card free-circulation area. Again, as the noble and learned Lord, Lord Hope, pointed out, this is not in our gift. We match the requirements that are needed, but need the EU to recognise that.

I think I have answered all the questions raised.

[Baroness Sugg]

On Northern Ireland and specifically the Good Friday agreement, which I think the noble Lord pointed to, the Commission and the UK have said that they will respect the Good Friday agreement, and currently—the noble Lord is right to point out—there would be a requirement to carry a green card. However, the implementing decision from the Commission to recognise the UK as part of a green card circulation area would remove the need for that green card. As I said previously, we meet all the requirements of that, and are working with the Commission to make that agreement.

I think I have answered all the questions; if I have not I will follow up in writing. I will end as I started: I recognise that this is not an ideal situation; it is not one that we want to be in. We think this is the right decision, given the implications of leaving the motor insurance directive—something that will happen if we leave the European Union without a deal—and that is why the Government are working to ensure that we achieve a deal with the European Union. I beg to move.

[Baroness Randerson]

In light of the Minister’s response, I am not minded to take this to a vote this evening. However, I do not want that to diminish the fact that this is a very regrettable direction in which the Government appear to be set. The only slight chink of light that I see is that the Minister tells us that the Government are engaged in bilateral discussions. That is what has persuaded me not to push this to a vote on this occasion.

Drivers’ Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019

Debate between Baroness Sugg and Baroness Randerson

Wednesday 20th February 2019 Lords Chamber

[Baroness Sugg]

I was just coming on to those new offences. The new criminal offences are all under the Transport Act. The first is the failure to install or use a tachograph in accordance with the AETR requirements for in-scope vehicles. The second, in Section 97ZB, is the supply of tachograph equipment that has not been or is no longer type-approved by the relevant authorities. The final new offence, in Section 97ZC, is the failure by a tachograph manufacturer to inform the Secretary of State of known security vulnerabilities in its product. As I said, in particular the provisions around the AETR agreement will be increasingly important as this international agreement takes the place of the existing EU regulations. In the course of the legal analysis work to prepare this EU exit SI, these were the new criminal offences identified as needed. It is particularly important to make sure that the AETR regulatory regime is fully functioning for exit day.

The necessary legal amendments do not modify the substantive regulatory obligations placed on drivers and operators subject to the rules. In the event of a deal, as set out in the draft political declaration, for road transport the UK and the EU intend to develop market access arrangements underpinned by appropriate common standards, including driving time limits. Obviously, that is where we hope to get to, but in the event of us leaving without a deal these regulations are needed. I beg to move.

[Baroness Randerson (LD)]

My Lords, these are really important regulations. They are vital for road safety and for driver welfare, because over the years there has been great concern about the way drivers have been expected to live when they are not driving along the motorways.

Up to now, drivers have been bound by the EU drivers’ hours regulation and the EU tachograph regulation. In future they will be bound by the AETR, which covers a much wider group of countries. From what the Minister has said, it appears that these two sets of regulations are very similar and essentially the same.

I had intended to ask about the three new offences and amendment of two existing ones, but the noble Lord, Lord Rosser, has already asked about that. It is important to find clarity on this.

The Secretary of State will be responsible in future for the approval of recording equipment. Currently, the Secretary of State is responsible only for checking and inspecting, but in future they will have responsibility for approval of the equipment. That is an important additional responsibility. Can the Minister explain who will have that responsibility in Northern Ireland? I realise that this SI does not apply to Northern Ireland, but clearly tachograph issues are very important in Northern Ireland, because drivers cross the border all the time and cross-border trade is so important. Can the Minister explain how it will work in Northern Ireland? Obviously, drivers from the Republic of Ireland will follow EU rules.

Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019

Debate between Baroness Sugg and Baroness Randerson

Wednesday 20th February 2019 Lords Chamber

[Baroness Sugg]

I am afraid that I do not have an answer on trade unions; I shall have to get back to the noble Lord on that.

The organisations we consulted do not wish for no deal—I should be very clear on that—but we are attempting a pragmatic approach to make sure that we continue trade with the EU should we have a no-deal exit. They are supportive of the proposals. The SMMT told the Lords Select Committee on the EU Internal Market that the department had put in place a system of temporary type approval, initially, which is probably as sensible as we can have during the interim period. The Motorcycle Industry Association confirmed that it had no immediate concern with the proposed text, which it expects to alleviate some of the short-term pressures on manufacturers and importers arising from the UK leaving the European Union without a deal. So I think that it is fair to say that industry does not want no deal but, in the event of no deal, it accepts that this interim measure is the right way forward. We published our technical notice of the changes to type approval last September.

On the question of the cost of type approval asked by the noble Baroness, Lady Randerson, the total cost to manufacturers of provisional approval is estimated to be around £800,000. That includes their internal administration costs and familiarisation costs. Normally, to obtain type approval for a single model costs at least £250,000, including the hire of test facilities, internal costs and fees to the VCA. It takes the VCA a couple of hours to prepare a UK approval following an application. As noble Lords would expect, the VCA has engaged extensively with industry and is well placed to issue provisional UK approvals. It has recruited additional temporary staff to manage the additional workload. So far, it has taken on 23 additional staff and is on target to have 40 in place by mid-March. The assessment found an estimated annual cost of the VCA of £800,000 per year, which would be recovered from manufacturers—so, combined with the administrative costs of using the scheme, the estimated total cost to business is £1.6 million per year.

[Baroness Randerson]

I thank the noble Baroness for those details, but I am still not clear about why the Government are suddenly so suspicious of EU type approvals. What grounds do they have to need to do this all over again rather than simply accepting, certainly for the first two years, that vehicles can come in with EU type approval, which we have trusted in the past and could trust for the next couple of years?

[Baroness Sugg]

Under no deal, EU-based manufacturers will also need to obtain UK approval from the VCA. That will be granted on the basis of a valid EU approval. The VCA retains the right to retest in the unlikely event that there are doubts about the authenticity of the EU approval. There are certainly no grounds for suspicion on that, but, if we leave the EU, it is only right that we have our own approval. We will no longer be a member of the EU, so we will no longer recognise its type approval.

On the VCA’s progress, as I said, engagement is continuing. It is actively working with customers and manufacturers on approvals from EU countries selling into the UK to ensure that they can deal with this. The VCA has already obtained approval data from manufacturers. Used cars and vans make up 99% of new registrations, and that engagement continues, so it is well placed.

The noble Baroness, Lady Randerson, also asked about the powers. The VCA currently has powers but, in the event of a no-deal exit, it will lose its powers as we will no longer be an EU member. That is what the SI brings in.

Several noble Lords asked about the national small series type-approval limits. They are being doubled for this year, and only for this year, because by next year we will have this new statutory instrument in place which will have our new type-approval process.

--- Later in debate ---

[Baroness Randerson]

Can the Minister explain why they are being doubled? On what grounds is their historic level now inappropriate?

[Baroness Sugg]

Before, it was for the whole of the EU. Now it will be for the UK only, so this is a temporary measure until the new type-approval statutory instrument comes in.

Flybmi

Debate between Baroness Sugg and Baroness Randerson

Monday 18th February 2019 Lords Chamber

[Baroness Sugg]

I thank the noble Lord for his questions. On how we are dealing with airline insolvency in the future, we have commissioned an independent review led by Peter Bucks to review consumer protection in the event of an airline or travel company failure. It is looking at options including an orderly wind-down of an airline so that it is able to conduct and finance repatriation options without impact on the taxpayer. The review is also looking at the lessons learned from the collapse of Monarch, and will identify potential market reforms necessary to ensure that passengers are protected when an airline fails. This is a complex issue and it is an extensive report. We are expecting the report in the spring.

Initial estimates are that fewer than 1,000 affected UK-originating passengers are overseas. Many will have already made their way back; many will have been planning to stay abroad. We understand that about two-thirds of those booked to return were on code shares, and those bookings will be honoured.

On the PSO, the department and the CAA were not informed of the administration until very shortly before the directors agreed to it. To be clear, the contract for the PSO is directly with the city of Derry and Strabane council. They are the people who run that contract and it is they who will re-let it shortly.

[Baroness Randerson (LD)]

My Lords, I thank the Minister for her Statement. The company cited Brexit as one of the reasons for its problems. First, the fall in the value of the pound in the past two and a half years has obviously meant that people are finding it more difficult to afford holidays abroad. It mentioned the spike in fuel and carbon costs caused by our exclusion from full participation in the EU Emissions Trading Scheme—we have been suspended from that until the withdrawal agreement is in place. The company said that it was unable to secure valuable flying contracts in the EU because of Brexit uncertainty.

On Saturday, we had Flybmi; today, we have the very sad news about Honda in Swindon. The trickle of job losses has become a steady flow. Today as well, we have the UK Trade Policy Observatory estimating some 750,000 job losses—that is a conservative estimated—as a result of Brexit uncertainty. What plans do the Government have to retrain people who lose their job because of Brexit uncertainty? What plans do they have to find new jobs for them? Have they estimated the total cost to our economy of retraining people and providing them with benefits while they are unemployed?

[Baroness Sugg]

Both the UK and the EU have made it very clear that we want flights to continue after Brexit. We and the EU are taking the necessary actions to ensure that this will be the case in the event of no deal. This sad event is a commercial matter for the airline in a competitive industry. BMI has been exposed to wider pressures faced by the global aviation industry such as increasing fuel prices and intense competition. Other EU airlines have collapsed in recent years; for example, Germania, Primera Air, Air Berlin and flyvlm. This is not just a UK issue. I agree with the noble Baroness that businesses want certainty. I am afraid that that I do not have any figures on jobs and retraining, but I regularly hear requests for certainty from the aviation industry. That is why we are working to deliver a deal and the implementation period that comes with it. I hope that that will be agreed soon so that we can give businesses the certainty they need.

Commercial Air Routes: United Kingdom and East Africa

Debate between Baroness Sugg and Baroness Randerson

Wednesday 13th February 2019 Lords Chamber

[Baroness Sugg]

I think I agree with what the noble Viscount says. The purpose of our slot reform would be to increase competition and benefit the consumer.

[Baroness Randerson (LD)]

My Lords, BA has in the region of 380 slots at Heathrow and Virgin has 27. Under the current system of slot allocation, every time new slots become available, they are allocated on the basis of the current ratio. This means that it is impossible to challenge BA’s position. This is not real competition and it is not good for consumers, who are offered no real choice. Will the Minister commit to look specifically at this aspect of slot allocation?

Motor Vehicles (Wearing of Seatbelts) (Amendment) (EU Exit) Regulations 2018

Debate between Baroness Sugg and Baroness Randerson

Tuesday 12th February 2019 Lords Chamber

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

My Lords, these draft regulations are made under the powers conferred by the European Union (Withdrawal) Act 2018 and will be needed if the UK leaves the European Union without a deal. They amend domestic seat belt-wearing legislation to ensure that it continues to work following withdrawal in the event of no deal. They make technical changes and do not alter policy. In Northern Ireland, seat belt-wearing legislation is a transferred matter. Of course, the Government remain committed to restoring devolution in Northern Ireland, but with exit day six weeks away, and in the continued absence of a Northern Ireland Executive, in the interest of legal certainty the Government will take through the necessary secondary legislation at Westminster for Northern Ireland. This has of course been done in close consultation with the Northern Ireland Civil Service.

Compulsory seat belt wearing has been in place for 36 years. Subsequent obligations have been placed on front and rear seat passengers domestically. The purpose of this statutory instrument is to correct technical deficiencies that would arise domestically if we were to exit without a deal. This will enable us to maintain a functioning statute book and retain the clarity that might otherwise be lost. The instrument maintains the status quo in terms of seat belt and child restraint use obligations and the recognition of medical exemption certificates. It does not diverge from the robust legal framework we already have in place. The current EU Directive 91/671/EEC sets out the requirements for compulsory seat belt wearing. There are exceptions and caveats but the basic position, stemming from the directive and incorporated in domestic law, is that for cars, vans and lorries, seat belts must be worn where fitted. Children must also use a suitable child restraint system, and children under three cannot be transported if there is no safety system in the vehicle.

Drivers and passengers who have a medical condition making it inadvisable for them to wear a seat belt can be issued with an exemption certificate. The Road Traffic Act 1988, The Motor Vehicles (Wearing of Seat Belts) Regulations 1993, and The Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) Regulations 1993 require drivers and passengers to wear adult belts, including those approved in “another member State”, and recognise child restraints approved in “another member State”. They also recognise medical certificates exempting a person from the requirement to wear a belt issued in “another member State”. The Road Traffic (Northern Ireland) Order 1995, the Motor Vehicles (Wearing of Seat Belts) Regulations (Northern Ireland) 1993, and the Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) Regulations (Northern Ireland) 1993 have the same effect in Northern Ireland. This draft instrument makes the necessary changes so that the regulatory regime in place after exit continues to operate as it does now.

The regulations remove existing powers and duties in the Road Traffic Act 1988 and the Road Traffic (Northern Ireland) Order 1995, which exist to make subordinate legislation for implementing an EU directive. The powers and duties that are being removed relate to the implementation of the EU seat belt directive. Once the UK has exited the EU, it would no longer be appropriate to retain the powers and duties to implement the obligations imposed by a European directive. We will retain existing domestic powers in the Road Traffic Act 1988 and the Road Traffic (Northern Ireland) Order 1995 to enable Government to maintain, and amend where necessary, the existing legal framework governing seat belt wearing. This SI replaces the duty to provide an exemption from wearing a seat belt for any person holding a certificate issued in an EU member state with a power to do so.

The regulations replace the term “another member State” with “a member State” where it occurs in domestic legislation. This is necessary to ensure the law remains clear and continues to have its current effect. Without these changes, the relevant provisions might be rendered ineffective. Changing this terminology will ensure that medical certificates issued to drivers and passengers in EU member states who cannot wear seat belts because of a medical condition continue to be recognised in the UK.

The change in terminology will also ensure that passengers are obliged to wear an adult seat belt even when the only belt available was approved by an EU member state and is not otherwise compliant with use in the UK. That is important because there is an exemption from the requirement to wear a seat belt if a compliant seat belt is not available. If such seat belts ceased to be compliant by virtue of our not making this technical change, then their non-use would no longer constitute an offence. We want to be clear that, in simple terms, if a seat belt is available then it must be worn. After exit day, any lack of clarity over what constitutes a compliant seat belt could lead to confusion, which would clearly be neither a safe nor a sensible policy.

It is similar with child restraint systems. The final effect of the change in terminology is to ensure that driving in the UK with a child restraint system that would meet the requirements of the law of an EU member state, but that would not otherwise meet the requirements of domestic legislation on seat-belt wearing, does not become an offence. That is to try to avoid confusion for any family travelling to the UK over whether that child restraint is legal.

We have in place a robust legal framework in respect of seat-belt wearing which aims to improve road safety. In the interests of safety, we want that framework to continue after exit day. The Government want to ensure that domestic seat-belt legislation continues to work in a way that retains good travel, tourism and business access from EU member states following the UK’s exit. For this to happen, we need to ensure that the legislative basis is sound and that the statute book functions properly. I beg to move.

[Baroness Randerson (LD)]

My Lords, I will begin by pointing out that Paragraph 7.8 of the Explanatory Memorandum says:

“With exit day less than one year away”.


I keep repeating this because I want to know where these SIs have been all this time. Someone clearly did the work on them a long time ago, and we are now rushing them through this House. Why have they been left to this late stage?

That is my complaint over with. Turning to the issues in this SI, as the Minister has said, it is a simple transposition. But it is an important topic, because hundreds of thousands—probably millions—of British people travel abroad to Europe every year. A very large number of them take their car, and could therefore start off with perfectly legal seat belts only to find themselves in an illegal situation by the end.

This SI basically says “If it is legal in the EU, it will be legal in the UK. If you are exempt in the EU, you will be exempt in the UK”. What about UK drivers going to the EU in the situation I have just explained? Has the EU indicated what it intends to do in the event of a no-deal Brexit? On some transport issues, it has given a fairly clear—if not always desirable—indication. Has it made any comments on this at all?

Those who are in favour of Brexit, including the Secretary of State, want the freedom to develop our own standards. If we do, will we be guaranteed that, when we go to Europe with, say, our child’s bumper seat—which people often take with them on holiday—it will be legal when we get there?

There has been a lot of coverage lately of the end of the EU medical insurance system as it applies to UK residents. Is there a set format for the medical certificates referred to in this SI? Is there a particular form or list of medical professionals who can sign these certificates? My point is, how easy will it be in future for UK citizens to get a certificate of medical exemption that will be instantly recognised as authentic and acceptable, even by someone who perhaps does not speak English? To reverse that, if there is an EU format, then we will clearly be used to it, and the authorities in Britain coming across someone with a medical exemption would know about it. I am trying to tease out the way in which British people will be treated in future when they drive in the EU.

[Lord Tunnicliffe (Lab)]

My Lords, leaving the EU without an agreement is a thoroughly stupid thing to do, but if it happens, this SI is thoroughly sensible and we will not oppose it. My understanding, which I think is the same as that of the noble Baroness, Lady Randerson, is that it is not symmetric: that it does nothing for UK drivers in the EU but sensibly addresses the issue of drivers who would unknowingly be breaking the law were this SI not completed. It produces a sensible environment in which friends—as I would call them—from the European Union can drive in the UK.

Motor Vehicles (International Circulation) (Amendment) (EU Exit) Order 2019

Debate between Baroness Sugg and Baroness Randerson

Tuesday 12th February 2019 Lords Chamber

[Baroness Sugg]

My Lords, I thank noble Lords again for their consideration of the draft regulations—the last of ours today. In the event of no deal, we remain confident that we will achieve mutual recognition and exchange agreements for driving licences with the EU and member states. As I said, we recognise EU and non-EU driving licences and very much hope that EU member states will also do so, which will remove the complexity of the system. But, obviously, until we have that agreement we must be prepared for all scenarios, so it is important to ensure that we can issue IDPs under the 1968 Vienna convention to provide that certainty for UK motorists driving in the EU.

I will respond to some of the questions raised. My noble friend asked about uninsured drivers. We intend that the UK should remain part of the green card-free circulation zone, and we are working towards that. We are seeking reciprocal arrangements to ensure that UK drivers who are hit by an uninsured driver, for example in France, can obtain compensation from the French national insurers’ bureau. On safety regulations, we have one of the best road safety records in the world; I am not familiar with the specific document which my noble friend referred to, but I assure him that we will work to continue and maintain that good safety record.

On the IDP format and the idea of an app—a new one on me, but I like the sound of it; you could perhaps called the IDP look “traditional”—the format is specified in the UN conventions, and at the moment an app or electronic document is not applicable. However, I agree with my noble friend that we should consider that in order to modernise and to enable permits to be applied for more easily.

On consultation, obviously this affects a huge number of people. We did a lot of consultation around the 1968 Vienna convention, which brought this in, we have held many discussions with motoring organisations such as the AA, the RAC and the RAC Foundation, and we have also had separate engagements with consumer associations, which are helping us to provide guidance to people.

On the communications point, I agree that the Government’s duty is to ensure that UK licence holders are provided with the correct and sufficient information to make sure that they are ready for the changes. As I say, we hope that they will not be needed. We have published guidance on GOV.UK, which covers everything, such as the type of IDP you will need in each member state—the noble Baroness was right to point out that you will need different IDPs if you are driving from France to Spain, which, just to add to the confusion, are valid for different amounts of time. The Post Office website also provides information on your nearest IDP-issuing branch, and which countries you will need which IDP for, and it will continue to update this guidance as we progress, I hope, with achieving bilateral agreements.

We have a public information campaign that ensures that UK nationals have all the information and advice they need to continue to plan and book their travel to Europe. It includes radio adverts, Spotify adverts and social media. As I say, we are in no way complacent that we will achieve this deal and IDPs will not be needed—that is why we are bringing forward these SIs. However, if we do not get a deal—I agree with the noble Lord that this is a very good example of why we need a deal—there is still the option of the mutual recognition of driving licences, which we are moving towards, especially as we are 45 days out. If we are closer to exit without this agreement and it looks less likely that we get it, I absolutely agree with the noble Baroness that we need to do all we can to ensure that we communicate that.

[Baroness Randerson]

Can the noble Baroness specifically address the issue of people living abroad—there are millions of Britons live abroad—and how they would obtain an IDP, and whether specific publicity will be aimed at them?

[Baroness Sugg]

The noble Baroness was right to point out that, sadly, we are not able to issue these abroad, in the same way that we are not able to issue driving licences abroad, which obviously gives expats in particular specific problems. We are working actively with the Foreign Office to communicate with UK nationals who live overseas, using the normal consular routes to provide information on that. We are encouraging UK licence holders already resident in EU or EEA countries to exchange their licences ahead of exit day, which will avoid the potential for them to have to retake tests. IDPs are designed for visitors, not people who are resident in another state, so we are providing clear advice to people who are resident in another state that they should exchange their licences ahead of exit day.

[Baroness Randerson]

I am grateful to the noble Baroness for giving way again. The concept of “resident in another state” is in itself quite old-fashioned. People go to work for six months, three months, even a year. They will not want to change their driving licence to make life even easier for them in that period of time; they will want an IDP for a short time. Of course, they have not had to bother about all this up to now.

[Baroness Sugg]

I agree with the noble Baroness. This is why we recognise EU and non-EU driving licences for a period of up to 12 months, for people to drive if they are not resident, because of the changing nature of how people live and work. That is why we very much want to achieve mutual recognition. However, if that is not possible, we will be in a situation where people will have to apply for IDPs before 1 March.

On resourcing, which both the noble Baroness and the noble Lord brought up, as did the SLSC, we have expanded the turn-up-and-go service for issuing IDPs from 89 originally to 2,500 post offices, which means that 90% of the UK population live within 10 miles of an issuing branch. We have also optimised that branch network to ensure that there is a good level of availability at locations that are points of departure for UK motorists, such as ferry ports and airports. The noble Baroness is quite right to point out that there were not enough post offices in Northern Ireland that could issue IDPs; that has significantly increased from two to around 100. We have had confirmation that all the staff have been trained on how to issue all three different formats, and, while this will be demand led, should demand increase, we have the facility to expand the services to an additional 2,000 post offices, which will mean that 90% of the population will live within three miles of an issuing branch.

It is difficult to quantify how many of these we will need, given that we do not have clear data on individual journeys and what licences people who undertake those journeys have. So far, we have issued an average of 2,500 IDPs a day since 1 February—about one per relevant post office per day. The DVLA has printed 2 million IDPs across all three formats to prepare for the increase in demand. However, as I say, if we see an increase in demand, we have the possibility to expand it. On staffing levels, we do not believe that we will need further staff for the Post Office. It takes around five minutes to apply for an IDP and get it issued. I very much hoped to be able to be a mystery shopper and get down to a post office myself, but, sadly, I ran out of time before this debate. We remain confident that the Post Office will be able to deal adequately with this request. Back in the day when tax discs were issued over the counter, it delivered 30 million transactions across 4,000 branches for the DVLA, so we think it has the capacity.

The noble Baroness asked about the change to the issuing of IDPs, as they are now issued by the Post Office and not online. At the end of 2017, we looked at four different options: to continue and extend the existing arrangements, which you could do by post—that was with the AA and the RAC; to give responsibility to the DVLA to issue IDPs, via the Post Office or another supplier; the possibility of an online system but with the physical document provided by someone else; and we looked at a DVLA online direct supplying system. We decided to reject the option to continue and extend the existing arrangements, as it would not have been possible to continue that under the current government procurement rules. There was also considerable uncertainty about the volume which was needed, which continues, and we thought that would be difficult for potential suppliers to be able to quote accurately. We did consider the possibility of an online system, but ultimately that was rejected. We thought that there would be a significant risk of a wasted investment on that. Moreover, such a system would not have been available to the 5 million licence holders who are without a photo card licence—although, obviously, the vast majority have one.

I return to the point that we are hopeful of achieving mutual recognition on this if we do not get a deal, but I agree with the noble Lord and the noble Baroness that this is a complex system—a messy one, as the noble Lord called it. We do not want to be in a situation where IDPs are necessary, and that is why we are trying to achieve a deal with the European Union; I very much hope that we will reach agreement on a deal soon, but the issuing of IDPs is a sensible contingency approach in the event of a no-deal scenario. It is the only way to absolutely ensure and guarantee that our licences will still be recognised after exit in the event of no deal. It relies on the international arrangements that are outside the control of the EU, but we hope to agree a deal or mutual recognition, which is obviously in the control of the EU and we will continue to press ahead with that.

This SI is essential to ensuring that UK motorists will be able to drive in the EU following exit day. The option of purchasing an IDP provides drivers with that certainty for driving in the EU under all potential scenarios.

Motion agreed.

Seaborne Freight

Debate between Baroness Sugg and Baroness Randerson

Monday 11th February 2019 Lords Chamber

[Baroness Randerson (LD)]

My Lords, we now know that the Government’s own estimate is of an 87% reduction in cross-channel trade for three to six months if there is no deal. Given that the whole point of Brexit no-deal preparations is to minimise risk, why did the Department for Transport approve the contract with Seaborne when it was known that there was a high risk that the company would not be able to fulfil the contract? When we spoke about this on 8 January, the Minister gave me solemn assurances that the financial backing for Seaborne was good. How did that situation change so dramatically overnight?

What the Minister did not tell me on 8 January was who will pay for the dredging of Ramsgate harbour. The Minister told us today that no public money will be put forward to Seaborne, but who will pay for the dredging of the harbour, given that we now know that no company could provide ships in time for a no-deal Brexit to use that harbour?

[Baroness Sugg]

My Lords, we went ahead with the contract with Seaborne on the understanding that it was a start-up company and did not currently provide the service. As I explained, this was a shorter and therefore cheaper route, which was why we were keen to make use of it. But we have enough capacity in the remaining contracts for prioritised goods.

The DfT is not party to the dredging work at Ramsgate, but of course we will continue conversations with a number of stakeholders, including Thanet Council, over any plans to re-establish ferry services at the Port of Ramsgate.

Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019

Debate between Baroness Sugg and Baroness Randerson

Tuesday 29th January 2019 Lords Chamber

[Baroness Sugg]

That the draft Regulations laid before the House on 13 December 2018 be approved. Considered in Grand Committee on 23 January.

[Baroness Randerson (LD)]

My Lords, I seek an assurance from the Minister. I promised her after our discussion in the Moses Room that I would look at Hansard carefully to see what she had said in response to my questions. I regret that she did not address my concerns. Although the letter that I received this morning attempted to do so, it basically conflicts with the Explanatory Memorandum.

Again, this is a no-deal SI. I keep hoping that the House of Commons will rescue us from this dystopian nightmare, but it looks again today as if it might not do it, so I accept that we have to prepare for this and I do not seek to interrupt that process. Unlike the three SIs that we have just approved, this SI involves new policy. As your Lordships will be aware, ship recycling is a very dangerous process. If done without high levels of safeguard, it can be dangerous to both the environment and the individuals involved in it.

To tackle this, EU regulations have created a list of approved facilities for ship recycling, not all of which are in the EU—the Minister told us last week that some facilities are in Turkey and the USA. The approval process for those facilities involves inspection, which is complex and expensive, particularly for those outside the EU.

Like the other no-deal SIs, this one removes references to the EU and gives substitute powers to the Secretary of State. However, it goes further. Paragraph 7.3 of the Explanatory Memorandum makes it clear that the UK list would initially include all facilities on the EU list. However, it also,

“establishes a new procedure allowing ship recycling facilities worldwide to apply for inclusion onto the new UK approved list”.

Given that there are some very dubious practices in ship recycling in some parts of the world and that it would be very costly for us as an individual country acting alone to inspect and constantly police standards in a yard on the other side of the world, I regard this as a worrying new policy.

I can see that the policy is in the buccaneering spirit of the Brexiteers—“We can do this more cheaply. There are easier ways of doing this. Cut some costs”—but it could mean a dangerous lapse in standards and controls. The Minister assured me this morning that it would not lead to a lapse in standards, so my purpose in speaking is to invite her to reassure us on the Floor of the House that the Government are not looking to expand their list in the way in which the Explanatory Memorandum states, and will take a precautionary approach so as to maintain the highest environmental standards.

--- Later in debate ---

[Baroness Sugg]

It does include some non-EU countries. I am afraid I cannot find the list in my files, but I will write to the noble Lord to confirm which countries are on it. The EU has very high standards of recycling and we will continue to match them after we leave.

The Secretary of State reserves the right to change the list. The power to add new facilities to it is included so that it does not become static. If we did not include this power, it would not be possible without primary legislation to add ship-recycling facilities to the UK list and to mirror what the EU does on its list. Over time, that could reduce the choices that UK ships have, compared with their EU counterparts. Because we will be retaining the standards and criteria for approving ship-recycling facilities used under the current EU regulation, the UK and EU lists will continue to be compiled to the same high standards. The powers in this instrument cannot be used to lower the standards of ship recycling.

If the EU changes its criteria, we will of course consider revising ours along similar lines. We do not think that this will happen for a few years, until the ship recycling regulation—which is fairly new—beds down. The Commission is committed to reviewing the EU regulation 18 months before the Hong Kong convention comes into force. That could lead to amendments to the criteria for ship-recycling facilities on the European list to align it more closely with that convention. If this happens, we will liaise closely with the EU, as our two regimes are virtually identical. Again, any change to those criteria would need to be done through regulation.

The EU regime is one of the strictest in the world. We are committed to maintaining those high standards, regardless of our membership of the European Union. I am happy to confirm that there are no—

[Baroness Randerson]

I appreciate the Minister’s attempts to reassure us. I ask her to go back and look at paragraph 7.3 yet again to see whether the Explanatory Memorandum needs to be recast, because both I and the noble Lord, Lord Berkeley, have quoted things from it which give a different impression of government policy. I am relieved to hear what the Minister has to say. I accept it totally, but there is a gap between what she is saying to us here today and what the Explanatory Memorandum appears to suggest. That could lead to confusion in the future.

[Baroness Sugg]

I have read the Explanatory Memorandum a number of times. I do not think it is contradictory, but I acknowledge that perhaps further reassurance could go into it. I will certainly follow up in writing and place copies in the Libraries of both Houses to provide that reassurance.

No facilities on the UK list are in Bangladesh, India or Pakistan, but I will send the noble Lord the full list.

As I was saying, the EU regime is currently one of the strictest in the world. It has incredibly high standards, and we are committed to maintaining them regardless of our membership of the EU.

Drones: Consultation

Debate between Baroness Sugg and Baroness Randerson

Tuesday 29th January 2019 Lords Chamber

[Baroness Sugg]

I thank my noble friend for the work he does in his role as president of BALPA and his highlighting of aviation issues both inside and outside the Chamber. It has not been possible to offer every stakeholder a seat on the airspace strategy board, but the DfT and CAA are working with GATCO and BALPA to ensure they have the appropriate representation in the governance structure. Given their expertise and, as my noble friend points out, their practical experience, we really value BALPA and GATCO’s ongoing input and we will continue to work with them to consider what sub-committees they should sit on as part of the new airspace modernisation programme.

[Baroness Randerson (LD)]

My Lords, Gatwick and Heathrow are now purchasing equipment to combat drones, but it is very expensive. Does the Minister believe that all airports have to equip themselves with this expensive equipment? This could be beyond the financial capacity of some small airports, but a small airport being interrupted by a drone could be just as dangerous. Precisely how are the Government working with airports across Britain to ensure a rapid response to another drone attack?

[Baroness Sugg]

My Lords, the noble Baroness makes a very important point. Of course, we need to ensure that all our airports are protected, but there is a degree of proportionality to that. I met with airports recently and will continue to work with them on ensuring that they have the best capability possible. Also, the Centre for the Protection of National Infrastructure is working on standards for counter-drone technology and offers advice to organisations, including airports, on the availability of current technology.

Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2018

Debate between Baroness Sugg and Baroness Randerson

Wednesday 23rd January 2019 Grand Committee

[Baroness Sugg]

I thank noble Lords for considering these draft regulations. I will attempt to answer as many questions as I am able to and will follow up in writing if I do not get to any. I absolutely agree with the noble Lord’s point that these environmental measures are needed across international boundaries. That is why we are seeing international action through the IMO, such as the higher global sulphur standard, which comes into force next year. We will continue to play a leading role in the IMO in the development of those environmental measures and also continue to co-operate with other countries on the enforcement of such measures through our membership of the Paris MoU on port state control.

We support the new global limit on the sulphur content of fuel of 0.5% on 1 January 2020. The UK, along with other states, is assisting the IMO to develop best-practice guidelines for ship owners and operators and all suppliers. Since 2015, ships inside the emissions control area—the North Sea and including the English Channel but not the Irish Sea—have been limited to 0.1% sulphur unless they use an exhaust gas cleaning system or alternative fuel. Under our recent clean air strategy, we are considering options for extending that current emission control area in the North Sea to other UK waters such as the Irish Sea. The UK’s position on sulphur standards, and the inspection regime, will not be changed by EU exit. We have committed to taking further action on that in the clean air strategy.

The standards and testing regimes for the future are agreed at the IMO—again, that will not change after we leave the EU. Other organisations such as fuel suppliers and the International Organization for Standardization will be involved in those discussions—as will the UK. There are separate EU targets for the number of ship inspections and fuel samples which member states need to take annually, and which we have retained.

The instrument provides for the continued recognition of the emission abatement methods approved by EU member states, and most equipment is approved at the IMO level. Member states are allowed to trial new and innovative technology which does not have the formal approval of the IMO; in practice, we expect most systems of emission abatement technology to be built to meet the IMO type requirements, which we would follow.

I note the question from the noble Baroness, Lady Randerson, about whether the consultation would be with member states or the Commission. The consultation mentioned in paragraph 7.3 relates to the consultation on the environmental impact of projects being consented under the Transport and Works Act, and I confirm that the requirement, where a project could impact another member state, is to consult with the appropriate authorities and bodies of the individual countries concerned, not the Commission.

On SafeSeaNet, which both the noble Lord and the noble Baroness referred to, we will continue to share data. Through the Paris MoU THETIS system, countries share data from port inspections. Currently, we send data to THETIS through the EMSA SafeSeaNet system. In a no-deal scenario, the MCA will simply send the data directly to the THETIS system. That is why we have removed references to SafeSeaNet from the regulations. We will absolutely continue to share IMO compliance information through THETIS.

The noble Lord referred to environmental impact assessments, which are outside the EU withdrawal Act. I will say a few more words about that in an effort to explain our actions. The two minor amendments being made under powers other than the EU withdrawal Act are under Section 2(2) of the European Communities Act, and the amendment to Section 6(A) of the Transport and Works Act 1992. That updates an out-of-date reference to the EEA agreement, and we need to make that correction now using the power under the ECA Act before it is repealed under the EU withdrawal Act, so these are consequential amendments.

Consultation is slightly different with the Welsh and other devolved Governments. That is because some of the regulations in the environmental protection regulations amend the transport and works legislation. That was originally made in 1992 and is applicable to England and Wales only and operates in areas which are now devolved. As such, we have been required to consult with the Welsh Government. The rest of the instrument is UK-wide but, as I said before, we are in regular contact with the Scottish Government on all SIs, including this one.

On the new UK list for recycling facilities, both the European and the UK list have the same standards on accepting new facilities and have the same criteria for approval. We expect the two lists to remain closely aligned on that. It is possible that new ship recycling standards, if the EU brought them about and the UK wanted to mirror them, could be replicated through the pollution powers in the Merchant Shipping Act.

On the question of Northern Ireland, the legislation does not make any changes in relation to cross-border requirements after we leave the EU and therefore, in a backstop scenario, there would be a UK list rather than the EU list. I believe that the backstop would apply only to the land border in this situation and there would be no impact on operations there.

We think that UK shipyards will continue to be on the European list of ship recycling facilities after we leave the EU. The noble Baroness pointed out that there were other non-EU member states facilities on the list. Turkish and US yards are listed as non-EU recycling facilities.

I think that I have covered most of the points but I will go through my response and the questions raised carefully to make sure that I have covered them all. This SI is intended essentially to ensure that the legislation on environmental protection and ship recycling continues to work effectively from day one of exit, and I hope that it will receive noble Lords’ support.

[Baroness Randerson]

I thank the noble Baroness for her comments. I will read what she has said very carefully but I remain concerned and I think I should warn her that I might raise these issues again when the regulations go before the House for approval.

[Baroness Sugg]

I thank the noble Baroness for her comments. As I said, I will go through the points raised in more detail and will write to her in an attempt to provide reassurance.

Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019

Debate between Baroness Sugg and Baroness Randerson

Wednesday 23rd January 2019 Grand Committee

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

My Lords, the draft regulations that we are considering will be made under powers in the European Union (Withdrawal) Act and are needed if we leave the EU in March without a deal.

Recognised organisations, or ROs, play an important role in ensuring that ships are built and maintained to operate in compliance with standards on safety and the prevention of marine pollution. They carry out these functions on behalf of maritime nations. In the UK, the Maritime and Coastguard Agency delegates about 85% of its survey work to ROs.

Globally, the International Maritime Organization develops rules on ROs. The IMO’s Recognized Organizations Code entered into force in 2015. The code contains criteria against which ROs are approved, authorised and assessed, and gives guidance on how flag states should monitor ROs.

The EU has adopted legislation to harmonise the way in which member states implement those IMO requirements. Under EU legislation, member states may delegate the inspection and survey of ships to EU-recognised ship inspection and survey organisations, or EU ROs, by authorising them to act on their behalf. At present there are 12 EU ROs. Six of them have been authorised to act on behalf of the UK. The Maritime and Coastguard Agency intends that these six ROs would remain authorised by the UK and be recognised as UK ROs following our exit from the EU.

The MCA regularly meets UK-authorised ROs and has kept them informed of these proposals. They have raised no objection and understand why the changes are needed to ensure that the UK continues to have a functioning statue book for the approval of ROs.

EU Regulation 391/2009 and related legislation established a system for approving ROs; criteria for assessing RO performance, which is based on IMO criteria; monitoring measures and remedial measures if ROs are underperforming, including fees and penalties and, finally, the removal of RO status.

The European Union (Withdrawal) Act retains in UK law EU directly applicable legislation, such as that on ROs. It makes provision in Section 8 to correct deficiencies in such EU legislation as arises from the UK leaving the European Union. We need to amend that retained EU legislation on ROs for the legislation to function correctly in the future. The regulations will therefore amend EU Regulation 391/2009 and subsidiary EU legislation, and they will make the changes needed to adapt an EU system for ROs to one that can function as a UK system after exit. The regulations will change references to “Member State” and “the Commission” to “Secretary of State” or “the United Kingdom” where appropriate, and they will change definitions and other wording to reflect the UK’s position outside the EU. Redundant reporting requirements have been removed.

Powers have been transferred from the European Commission to the Secretary of State in relation to standards for RO performance and to keep up with changes in the minimum performance criteria for ROs, especially in the light of IMO changes. In addition, the powers of the Commission to regulate in Article 14 of Regulation 391/2009 have been transferred to the Secretary of State. This will enable the Secretary of State to legislate in order to establish criteria to measure the effectiveness of the rules, performance and procedures of ROs and criteria to determine whether an RO’s performance is an unacceptable threat to safety and the environment. The Secretary of State will also be able to legislate to make and amend rules for imposing fines and penalties and ultimately for withdrawing recognition, and rules for interpreting the minimum criteria for ROs.

The regulations include provision to ensure that ROs that are, immediately before exit day, both recognised by the EU and authorised by the UK continue to be recognised after we leave. These ROs will become recognised directly by the UK and will continue to be authorised by the UK through new agreements to be put in place with the ROs before exit day. That will help provide ROs with certainty and clarity. Another transitional provision will ensure that ROs continue to maintain an independent quality assessment certification entity.

Commission Decision 2009/491 relates to using data from port state control inspections of ships to assess the work that ROs do. The regulations make changes to the decision to replace an EU procedure with powers to amend criteria for using port state control data. Article 8(1) of Regulation 391/2009 provides for assessment of ROs every two years by the Commission and the member state that put forward an RO for approval. The regulations retain the two-yearly assessment but transfer responsibility for it to the Secretary of State.

The regulations also transfer powers to review fines and penalties from the European Court to the UK courts by way of a statutory appeals procedure. Finally, they remove provisions relating to derogation from certain provisions of international law in Article 13(2) of Regulation 391/2009 and Commission Implementing Regulation 1355/2014. In the case of the latter, this has been revoked. The EU introduced these derogations on the basis that they appeared to be incompatible with EU law. We do not regard the provisions as incompatible with UK law and, as the UK did not lodge objections to them in the IMO, any attempt to derogate from them would be in breach of the UK’s international law obligations.

These regulations will be accompanied by Merchant Shipping Notice 1672. This provides information to the industry on the standards that ROs apply and on requirements for recognising, authorising and monitoring ROs. This shipping notice has been drafted and will be issued once the SI has been passed.

I should also mention Directive 2009/15, which governs the relationship between flag states and ROs. The UK implemented the directive administratively through formal agreements between the MCA and each RO. The directive will not be saved in UK law after exit. However, the MCA will put in place new arrangements with each RO when the regulations come into force. These will be very similar to the current arrangements between the MCA and the ROs but will reflect the changes made in these regulations.

The changes made in these regulations are needed to ensure that the law on recognising, authorising and monitoring ROs continues to function after the UK’s withdrawal from the European Union. This will enable the UK to continue to comply with its international obligations to ensure the safety of ships and the prevention of pollution. I beg to move.

[Baroness Randerson (LD)]

My Lords, these regulations involve ship inspections. The four sets of regulations this afternoon will lead me to repeat myself on a couple of occasions because the same themes come through in each one. All of them have safety issues at their core. The current EU-based system will be replaced with a UK-only system. As I understand it, it will continue to work within a system of international standards and the new legislation will retain existing criteria for the recognition, authorisation and monitoring of ROs: so far, so good. But ships move about and currently we have obligations to report to the EU to share information. How will this sharing happen effectively in future? Most of our ships will be sailing through EU waters at some point in their journey and many of the ships that visit our shores are EU ships. We need to know how that information is going to be shared in the future because of the safety implications.

The inspection of ships, both UK and foreign ones, is a key issue for the safety of ports. Therefore, I was quite surprised to read that there has been no formal consultation. Reasons were given on each of these SIs why there was no formal consultation. If you take the SIs together they are a pretty significant bundle of legislation and would be worth consultation in the round, if not as individual pieces of legislation.

It states in the Explanatory Memorandum that the Secretary of State will be given power to make subordinate legislation. Can the Minister clarify whether this will be an affirmative or a negative procedure?

Finally, the list of ROs we have been provided with makes for interesting reading. I do not in any way pretend to be an expert in these issues. Can the Minister enlighten me as to how this list is drawn up? How is this rather disparate list of organisations there and how do we change it? What are the criteria for changing it if we want to? I would be grateful for some information on that.

Railways: Reliability

Debate between Baroness Sugg and Baroness Randerson

Wednesday 23rd January 2019 Lords Chamber

[Baroness Sugg]

It will not surprise the noble Lord to hear that I do not agree with him on that point, but I acknowledge that the rail system as it stands is not perfect. We have an ageing railway, which is at capacity. We need to look at how we run things and that is what we are doing through the rail review. It has been well over a decade since the last big change in the rail network. While we have seen record private investment and many more services, the system has of course had its challenges. We think that the time is right for a comprehensive review to ensure that our railways are run in the best way that they can be.

[Baroness Randerson (LD)]

My Lords, this is a specific example, but one of many that have been brought to my notice. In the three months leading up to Christmas, Southern Rail cancelled the Wallington to Victoria service 205 times and it was delayed 896 times. That is 1,101 times that passengers on that route faced disruption and misery. How can the Government justify a 3.2% fare hike on that route in the light of such appalling service—or are the Government not responsible for the fare hike either?

[Baroness Sugg]

My Lords, we have frozen fares in line with inflation, but I understand the frustration that people must feel when they have seen such significant disruption. We do of course have a compensation scheme that actually amounts to more than the rail fare freeze would be. On the particular line that the noble Baroness mentioned, London Victoria has 240,000 passengers a day. Over the Christmas and new year period, we did some work to improve reliability and make space for new services, and 99% of those engineering projects were completed on time. We installed new tracks, points, signalling and overhead structures to help improve the reliability of services at London Victoria.

Drones

Debate between Baroness Sugg and Baroness Randerson

Tuesday 22nd January 2019 Lords Chamber

[Baroness Randerson]

To ask Her Majesty’s Government what progress they have made towards introducing new regulations on the use of drones.

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

My Lords, the Department for Transport introduced legislation last year which made flying a drone above 400 feet or within 1 kilometre of an airport boundary an offence. We also introduced regulations for compulsory registration and testing for drone users, which come into effect in November. Earlier this month, we announced measures to extend the airport flying ban to include aerodrome traffic zones and additional 5 kilometre extensions from the ends of runways. We also announced new police powers to tackle drone misuse, including the ability to issue on-the-spot fines.

[Baroness Randerson (LD)]

Can the Minister explain why compulsory registration of drones has to wait until November? Why can it not happen now? The Gatwick incident demonstrated that no one really knows who is in charge. Is it the Department for Transport, the Home Office or the MoD; is it the police, the Army, the CAA or the airport itself? That is one reason why it took so long to deal with. Whose responsibility will it be the next time it happens?

[Baroness Sugg]

On the timing of the registration system, since we put the requirement into law last May, the CAA has been working to develop and build an online registration and testing system. It is of course important that we get the IT system right: we expect thousands of people to use it and we want it to be easy to use and future proof, as we expect rapid growth in the sector.

It is fair to say that many lessons were learned from the Gatwick incident. The police at the airport initially led the response, but I can certainly assure the noble Baroness that across the Ministry of Defence, the Home Office and the Department for Transport, we will continue to ensure that we react rapidly to future incidents.

Brexit: Cross-Channel Transport

Debate between Baroness Sugg and Baroness Randerson

Monday 21st January 2019 Lords Chamber

[Baroness Sugg]

I agree with my noble friend. It is essential that we continue this contingency planning. The key local stakeholders in that case, in particular Kent Police and Kent County Council—we are also working closely with the Kent Resilience Forum on this—obtained the test results they wanted and were satisfied with the outcome, with Kent County Council describing it as a really helpful exercise.

[Baroness Randerson (LD)]

My Lords, Eurotunnel alleges that the Department for Transport’s agreements with the ferry companies compromise its contract with the Government. In reply to my Written Question, the Minister denied that but did not give any reason for that denial. What assessment have the Government undertaken of the impact on the Channel Tunnel of additional ferry services which, unlike existing ferry services, will be subsidised by the Government?

[Baroness Sugg]

My Lords, as you would understand, we have received numerous representations about the contract—not surprisingly, given the urgency of the procurement. We consider the contracts to be entirely consistent with the Government’s agreement with Eurotunnel. The contract was awarded under the procedure provided for in Regulation 32 of the Public Contracts Regulations 2015, which implement the EU requirements. As the noble Baroness would expect, we are also working closely with Eurotunnel on plans for when we leave the European Union.

Railway Services: The Pennines

Debate between Baroness Sugg and Baroness Randerson

Thursday 17th January 2019 Lords Chamber

[Baroness Sugg]

I thank the noble Lord for his question. We have a new approach to rail enhancements—the rail network enhancements pipeline—which is following lessons learned from previous commitments. We are studying each of these cases carefully. I am not sure about the specific line to which the noble Lord refers, but I will certainly follow that up and write to him.

[Baroness Randerson (LD)]

My Lords, the Secretary of State blamed the trade unions for the excessive fare rises at the beginning of this year, but across northern England, as elsewhere, last year passengers had a very poor deal. It was caused by a lot more than trade union action alone. Will the Government consider using a fare freeze in future years for companies that fail to deliver a decent service, as they have promised?

[Baroness Sugg]

I agree with the noble Baroness that the passenger services provided to many parts of the railway system last year were not acceptable. We are working hard to improve them. I know that passengers who have experienced significant delays will be frustrated with rising fares, but we need to be fair to taxpayers as well as passengers; unlike the special compensation scheme we have introduced, which is funded by industry, it would be down to taxpayers to make up the amount if we froze fares. We think that introducing compensation schemes funded by the franchise companies is the best way to target those most affected.

Seaborne Freight

Debate between Baroness Sugg and Baroness Randerson

Tuesday 8th January 2019 Lords Chamber

[Baroness Sugg]

I thank the noble Lord for his question. As I said, 90% of the contracts were awarded to established operators. With Seaborne, the proposal was subject to technical, financial and commercial assurance as part of a standard due diligence procedure consistent with that undertaken on all government contracts. Our contractual arrangements with Seaborne clearly reflect its status as a new ferry operator, and it is obliged to meet a number of stringent time stage requirements to demonstrate that it can provide an effective service, with break clauses in the Department for Transport’s favour if it fails to meet them. I reiterate the point that no taxpayers’ money will change hands unless these services are provided.

[Baroness Randerson (LD)]

My Lords, from my ministerial experience, I recall that the usual due diligence process involves ensuring that the company has appropriate experience—Seaborne has none—and that it is financially secure. I wonder who its shadowy financial backers are. It also requires directors to be of good financial standing. Can the Minister tell us whether the unpaid tax bill of the managing director’s previous company, which went into liquidation, has now been paid?

The Statement refers to three very reputable companies which are supposedly involved in the due diligence process. Can the Minister assure us that all three signed off on the awarding of this contract, and if one or two of them did not, can she tell us which? Have the Permanent Secretary for the Department for Transport or the director asked for written ministerial direction in this case?

Finally, has Seaborne now signed a contract with Ramsgate and Ostend ports? On 3 January they had not even done that, let alone begun building or requisitioning the ships. Clearly no one looked properly at the company’s website—unless, of course, they were wanting to order a pizza.

Gatwick Airport

Debate between Baroness Sugg and Baroness Randerson

Thursday 20th December 2018 Lords Chamber

[Baroness Randerson (LD)]

My Lords, I beg leave to ask a Question of which I have given private notice.

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

My Lords, the disruption caused by these drones is extensive, and it is an ongoing operation. We are in close contact with Gatwick Airport as it works with the police to resolve the situation safely and as quickly as possible. These drones have been flown illegally and anyone endangering an aircraft could face up to five years in jail.

[Baroness Randerson]

My Lords, this incident has illustrated the frightening ease with which drone users can inflict massive damage on our safety, our security and our economy. It is Christmas, and thousands more drones will find their way as gifts into the hands of untrained, unregistered users. Will the Minister commit to introducing proper, stringent controls on drones early in 2019? I realise that the Government are very busy with Brexit, but this incident illustrates the importance of other aspects of our national life. Do police consider this incident to be an act of terror or simply one of criminal irresponsibility? Whichever of those it is, all airports are clearly now at risk. What steps are being taken to prevent a repeat, copycat attack?

[Baroness Sugg]

My Lords, I entirely agree with the noble Baroness that we need to introduce new laws to ensure that drones are used safely and responsibly. Earlier this year, we introduced a law which makes it illegal to fly a drone within a kilometre of an airport and above 400 feet. In November next year, we will introduce a registration system which includes a mandatory safety check before a person can fly a drone. As I said, these drones are being operated illegally. I am afraid that I am not able to give a further comment. It seems that the drones are being used intentionally to disrupt the airport, but, as I said, this is an ongoing investigation.

Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018

Debate between Baroness Sugg and Baroness Randerson

Wednesday 21st November 2018 Grand Committee

[Baroness Sugg]

Our first point of contact is with the EU Commission to agree a wider deal. It has been widely reported that the Secretary of State has written to other member states to discuss the potential bilateral agreements. We are working very hard to get that wider deal. That is our focus but, should that not happen, then of course we are making sure that we are as prepared as possible to ensure that we do not have any disruption in services come 29 March.

[Baroness Randerson]

I made the point that our worldwide agreements on air travel are made as a member of the EU. So we have to be convinced that we will have an agreement with the rest of the world beyond the EU by the end of March. How are these negotiations going, for example with the USA?

[Baroness Sugg]

I will come on to that. As the UK, we have 111 bilateral agreements with the rest of the world in our own right. The noble Baroness is quite right to point out that we have bilateral agreements through our membership of the EU.

The next issue raised was on the basis of our expectations, how we are working with EU carriers to make sure that we have no gap in services and the assurances we can give that the CAA has the capacity and resources in place. Our expectation is that EEA carriers would require advance permission before operating to the UK. This is founded on international law. I already spoke about the 1944 Chicago Convention and that that treaty expressly prohibits scheduled international air services.

In anticipation of the increased volume of permit applications from EEA carriers, the CAA has already upgraded its systems for permit processing and recruited additional staff. All scheduled permits are issued on a seasonal basis. The next summer season starts on 31 March 2019, so there is a predictable increase in workload for this. We are expecting 100 to 150 seasonal permit applications. The CAA currently issues around 3,000 ad hoc permits a year. It is preparing to be able to process at least double that if necessary.

Railways: Fares

Debate between Baroness Sugg and Baroness Randerson

Monday 29th October 2018 Lords Chamber

[Baroness Randerson]

To ask Her Majesty’s Government what steps they are taking to modernise rail fares.

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

My Lords, the Government are taking steps to modernise rail fares, including making smart ticketing available for most journeys by the end of this year and requiring alternative, more flexible ticket products to be offered to part-time commuters through recent franchise competitions. We also welcome the industry’s plans to roll out the 26-30 railcard, while the rail review’s recommendations will support the delivery of a railway that is able to offer good-value fares for passengers while keeping costs down for taxpayers.

[Baroness Randerson (LD)]

My Lords, I welcome that progress so far but we are told that in the Budget there is to be £30 billion for roads, while there is no hint of relief for beleaguered train passengers. Does the Minister agree that the Government should abandon the RPI-related hike in regulated fares, which comes as an unwelcome annual new year gift, and maintain fares—at least until the efficiency of the railway improves—by freezing them at their current level? The Chancellor is apparently holding fuel duty for the ninth successive year. If he can freeze fuel duty, surely he can freeze rail fares.

[Baroness Sugg]

My Lords, I certainly do not want to predict what my right honourable friend will say in the Budget shortly but we are well aware that rail fares take a large part of people’s income. That is why we are capping fares in line with RPI for the sixth year running. We want to see fares linked with CPI in future but we do not think it is fair to ask people who do not use trains to pay more than those who do. Taxpayers already subsidise the network by more than £4 billion a year, meaning that 54% of our transport budget is spent on the 2% of journeys that the railway accounts for.

Civil Aviation (Insurance) (Amendment) (EU Exit) Regulations 2018

Debate between Baroness Sugg and Baroness Randerson

Wednesday 24th October 2018 Grand Committee

[Baroness Sugg]

We signed up to the international treaties as a member state—as the UK—so we will not need to rejoin them. Obviously, EASA is a separate group of which we are a member as part of our membership of the EU, but we have signed up to the Montreal convention, for example.

Regarding the member states negotiations mentioned by noble Lords, sadly I have not been on a Europe-wide trip negotiating bilaterally with member states. We are working closely with the Commission on agreeing a liberal deal, and that kind of multilateral level agreement is our primary objective. We want to be as ready as we can be for when we leave the European Union, and so the noble Lord was quite right to point out that we have approached member states, but our preference would definately be a multilateral deal on that.

Turning to the questions from the noble Baroness, Lady Randerson, regarding the minimum level required and how low we could go. Just to be clear, it is not about reducing cover in any way. Article 7 sets out the minimum insurance for special drawing rights and that is carried across, so we will still have that same minimum level. I can assure all noble Lords that the amendments to regulations will be made only in response to an international treaty change.

[Baroness Randerson]

Can I ask for a little more clarification on that because the Minister said in a previous answer that these regulations are not changing the prescribed level of insurance in any way. Yet by freeing ourselves from the EU prescribed level, is it not up to us if we wish to change the level? I am happy to accept the Minister’s assertion that the Government have no plans to do that, but would these regulations enable the Government to change the prescribed level if they wished to in the future?

[Baroness Sugg]

I think with all the SIs we are doing, we are literally transcribing EU law into UK law and treating it the same way, as the UK, as we would as a member of the EU. I think any change of policy in the future is not going to be part of these SIs, it would be done as a separate policy decision and debated in the normal way in both Houses. All these SIs are specifically correcting deficiencies which will exist after the withdrawal Act to ensure we have the correct regulatory frameworks. They are not changing; any changes to the minimum requirements would be done if and only if there is a change to international treaties. Some of these SIs do have executive functions which are being carried across; that is why we are giving the reassurance that any time an executive function is used, it will be in the affirmative way.

I will say more about the minimum insurance cover as several noble Lords have mentioned it. Article 6.1 gives member states the power to set a level of minimum insurance cover in respect of the liabilities for passengers, baggage and cargo, and that is lower than 250,000 special drawing rights per passenger for non-commercial aircraft with a maximum take-off mass of 2,700 kilograms or less. In answer to the question asked by the noble Baroness, non-commercial just means that no money has changed hands for the flight. That applies primarily to light and experimental aircraft, and cover must be at least 100,000 SDRs per passenger. The UK has exercised that power, as have other member states, and set the lower minimum of 100,000 SDRs within the Civil Aviation (Insurance) Regulations. This SI does not give us an option to set it lower—not that we would want to—it just carries across the minimum level. I hope I have assured noble Lords that this is not an attempt to change that in any way. We have no intention of doing so.

In answer to questions on airspace, this is not dealt with in the same way as an air services agreement; it is an International Air Services Transit Agreement which accompanies the Chicago Convention. Almost all EU member states are separate signatories to an IASTA, meaning they allow overflights and will continue to do so whether or not we are a member of the EU. On the devolved Administrations, obviously aviation is primarily a reserved matter and civil aviation insurance is fully reserved in respect of all three devolved Administrations, but of course we are continuing to engage with them on all aviation matters.

There were a couple of questions from the noble Lord, Lord Rosser. I think the last exceptional failure of the insurance market was in response to 9/11. We are working closely with passenger representatives throughout the development of our position on EU exit and aviation in preparing these SIs.

HS2: Budget and Costs

Debate between Baroness Sugg and Baroness Randerson

Tuesday 24th July 2018 Lords Chamber

[Baroness Sugg]

My Lords, I pay tribute to the part that the noble Lord played in HS2. I will certainly pass on his good wishes to the outgoing chairman. This is one of the biggest infrastructure projects that our country has ever seen. Eventually, more than 100 million people are expected to use HS2 trains when the network is fully completed.

[Baroness Randerson (LD)]

My Lords, Sir Terry Morgan is the new chair of HS2, following a very efficiently run spell at Crossrail. Could the Minister confirm whether Sir Terry’s remit includes a complete review and reassessment of existing HS2 plans in view of the doubts that are being expressed about the cost envelope?

[Baroness Sugg]

My Lords, I am sure that the incoming chair will absolutely look at the details of the project very closely. As I said, HS2 is preparing a full business case, which will be the robust and comprehensive assessment of the scheme. That will inform the next phase of the project, when we assess whether it is correct to continue.

Railways: CrossCountry

Debate between Baroness Sugg and Baroness Randerson

Wednesday 18th July 2018 Lords Chamber

[Baroness Sugg]

My Lords, the consultation does indeed ask for passenger views around the stops that the noble Lord mentioned, as for other intermediate stops across the country. We want to address overcrowding, which will be done through additional rolling stock but there are other ways to look at that too. Of course passengers have conflicting demands: some will want quick express services and others will want a stopping service to get around locally. The point of the consultation is for passengers to tell us what they want from that service. I certainly do not want to alarm the noble Lord or the people of the north-east. I know how much the services are valued, and of course passenger views will be properly reflected before setting the minimum requirements for the new operator.

[Baroness Randerson (LD)]

My Lords, the railway in the London area is very congested, in terms both of routes and of the trains themselves, as we all experience on a daily basis. Does the Minister agree that it is vital that CrossCountry routes that bypass London should be not just maintained but strengthened? The idea of reducing CrossCountry services is totally counterproductive. I am sure that she agrees that the Government do not wish to be known as Beeching mark II.

[Baroness Sugg]

My Lords, I certainly agree with the noble Baroness on that. Part of the problem is the increasing demand from passengers travelling into London on our railways. We want to ensure that the CrossCountry service continues to provide other options for passengers so that they do not have to travel into central London.

Railways: Timetables

Debate between Baroness Sugg and Baroness Randerson

Tuesday 17th July 2018 Lords Chamber

[Baroness Sugg]

My Lords, I am not sure I recognise that as the reason for the issues in Sheffield. We are investing in the biggest upgrade of the line since it was completed in 1870. We are working closely with Network Rail on the upgrade and we expect to deliver it in 2020, which will improve train times. We are working continually with the train operating company to ensure that the new timetable implementation is delivered successfully.

[Baroness Randerson (LD)]

My Lords, 200 services were cancelled by Thameslink and Great Northern yesterday, so the first day of the third version of the timetable was predictably bad, with all the same delays, cancellations and misinformation. It is time to give passengers a stronger voice. Will the Minister agree that all boards must have a passenger representative, and will the Government hold these powerful companies to account, forcing them to pay proper compensation to all passengers, not just those with season tickets?

[Baroness Sugg]

My Lords, sadly we have seen some interruption in the interim timetables delivered on Sunday. However, we are seeing daily improvements and it is worth remembering that, even with the interim timetables, there are 100 more services per day than before. There will be 400 more services per day once we get back up to our planned level. I assure the noble Baroness that we will absolutely hold the train operating companies to account. As well as the independent inquiry, we are looking at a hard review into each of the franchises to ensure that they have behaved appropriately. If they have not, we will certainly take action.

Railways: Train Timetables

Debate between Baroness Sugg and Baroness Randerson

Wednesday 11th July 2018 Lords Chamber

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

My Lords, while many of the new timetables have been delivered around the country, that is certainly not the case in all areas. Following the continued disruption faced by GTR and Northern passengers, both operators are introducing an interim timetable designed to provide a more predictable service for passengers. GTR’s interim timetable was published on 6 July and will come into effect on Sunday. Northern’s interim timetable, introduced on 4 June, has already helped to restore stability. Further changes to add in additional Northern services are planned for the end of July.

[Baroness Randerson (LD)]

My Lords, misleading claims are made about the eventual benefits of these new timetables. Commuters from Harpenden now have 15 fewer rush-hour trains and fewer carriages. Hitchin used to have 29 rush-hour trains to and from London; that has now halved to 16. They are among the busiest stations on the route and, even when the trains run as scheduled, which is rare, they are now so full that commuters cannot physically squeeze themselves on. Will the Minister ask Thameslink what the good people of Hitchin and Harpenden have done to deserve such an appalling new service?

[Baroness Sugg]

My Lords, with the delivery of the new timetable, we have had to cancel services, and services in Hertfordshire have been particularly badly affected, with consistently poor performance. Once all the services are in place, passengers from Hitchin and Welwyn will be able to take direct services through the Thameslink core to several London stations. I appreciate that that is little comfort for the coming weeks, but from Sunday the interim timetable will improve reliability, prioritise peak-time services and aim to reduce the long gaps in services.

Govia Thameslink

Debate between Baroness Sugg and Baroness Randerson

Tuesday 3rd July 2018 Lords Chamber

[Baroness Sugg]

My Lords, on the operational readiness board, the timetable was planned to introduce major changes and rail companies communicated these changes extensively to their passengers. However, the level of disruption caused by the introduction of the timetable was obviously not anticipated. We are working closely with GTR to put this right. One issue was that the operational readiness board did not anticipate the disruption, so the review will cover that.

On the review itself, Professor Stephen Glaister, who is chairing it, is from the independent rail regulator, the ORR. The inquiry will consider why the industry as a whole failed to produce and implement an effective timetable. There are various independent people on that review and they will consider the role of the ORR, train operating companies and, indeed, the Department for Transport.

[Baroness Randerson (LD)]

My Lords, I am interested in why the Government are suddenly so concerned about the appalling service from GTR when Southern, for instance, has been in a state of prolonged crisis for years and passengers have been left to suffer. Can the Minister explain the Government’s sudden change of heart?

Given the information from the operational readiness board, why did the Government not take the sensible step of deferring the new timetables? The Minister said in a Written Answer to me that the Secretary of State had not seen the minutes that warned of this impending chaos. Why was the Secretary of State not informed of the situation? When will the terms of compensation be precisely known?

Turning to electrification, the Government are very coy about the whole issue but we have rumbled the Secretary of State: when he skirts around a subject, it always means bad news. What is the Minister’s reaction to today’s ORR report, which warns that Network Rail has deferred £441 million of renewals this year, adding further to the backlog of work it needs to catch up on in CP6? Why do the Government want to phase out diesel cars while promoting diesel railways?

[Baroness Sugg]

My Lords, on GTR and Southern, obviously there has been awful disruption on Southern in recent years. The franchise was designed to deliver the Thameslink programme and the department has been keeping a close eye on that. However, with the introduction of the new timetable, services have further failed.

On the information provided to the Secretary of State and around the wider timetable changes, I fully acknowledge that the correct information was not given to the Secretary of State. That is why we have set up this inquiry: to ensure that we learn lessons for the future and investigate what went wrong.

On compensation, we are working hard with the train operating companies and Network Rail on the exact details, which will be announced in the coming days.

Road Maintenance

Debate between Baroness Sugg and Baroness Randerson

Tuesday 19th June 2018 Lords Chamber

[Baroness Sugg]

My Lords, we absolutely want to improve the safety of cyclists and all other road users, including pedestrians. Obviously, we are in favour of cycling. It improves people’s health, cuts congestion and is good for the environment. Among employers, it has been associated with fewer sick days and improved productivity. We are keen to support cyclists, as I said. Last year, we published our cycling and walking investment strategy, which included £1.2 billion of funding to encourage more people to travel by foot or by bike—but I will certainly see whether there is anything we can do to ensure that cyclists put a bell on their bicycle.

[Baroness Randerson (LD)]

My Lords, Local Government Association analysis shows that, over a five-year period, the Government plan to spend £1.1 million per mile on the strategic road network but to provide local authorities with just £21,000 per mile for local roads. Of course, local roads make up 98% of the road network and bear the brunt of congestion, which is made worse by pothole problems and the lack of money to invest in modern road networks. There is a serious knock-on effect on emissions. Does the Minister accept that the Government need to redress the balance on funding?

[Baroness Sugg]

My Lords, local road maintenance funding is rising, but I accept that we need to readdress the balance. It is right to concentrate spending on where it is needed most. While the strategic road network includes only 2% of all roads by length, it carries one-third of traffic. However, we know that other important roads have long gone underfunded, and that is why we are introducing a major road network from 2020 and will provide a share of the national roads fund to invest in bypasses, road widening and other road improvements.

Automated and Electric Vehicles Bill

Debate between Baroness Sugg and Baroness Randerson

3rd reading (Hansard): House of Lords
Wednesday 13th June 2018 Lords Chamber

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

My Lords, this group of amendments follows the debate on Report considering the role of metro mayors in enabling the installation of charging infrastructure. In line with commitments I made on Report, I have tabled government amendments to provide clarity around this clause. I have removed reference to the “key route network” so that metro mayors can take a strategic view of large fuel retailers across their areas. As I mentioned on Report, this is limited to “large fuel retailers” and not “service area operators”, as these areas, which are situated primarily on motorways, are best dealt with on a national level.

I have made it clear that regulations can be proposed only once “large fuel retailers” has been defined. In any instance where the Secretary of State of State chooses not to introduce regulations, he will be required to inform the applicant mayor of the reasoning and there will be a requirement to ensure that relevant local authorities are consulted. I beg to move.

[Baroness Randerson (LD)]

I thank the Minister for that explanation. For the information of those listening, the noble Baroness, Lady Worthington, and I attempted to lay an amendment to clarify the issue of service areas, or car parks as they might be called. However, according to the rules of the House that was not possible at Third Reading, so there is no amendment from us. But there is still a question in my mind: how do the Government envisage the strategy and policy, going forward? As I mentioned the last time we discussed this, if you go to a service area on a motorway you get your electric charging near the café—very often hundreds of feet from the fuel station—but that does not appear to be what is in the Government’s mind in relation to other service areas. I would like to know what the Government’s strategy is on this. I am sorry to be raising such a detail at Third Reading but we really only talked about this on Report. I still do not have a real understanding of why the Government are not considering having regulations in relation to the car parks associated with service areas, rather than just the fuel stations.

Airports National Policy Statement

Debate between Baroness Sugg and Baroness Randerson

Wednesday 6th June 2018 Lords Chamber

[Baroness Randerson (LD)]

My Lords, this Statement has an air of Alice in Wonderland about it. Governments have been considering this problem for 20 years but I am afraid that the question is out of date, and so is the answer. Hub airports are no longer the growth area in aviation; the growth area is now in direct long-haul flights. The idea of concentrating ever more development in the overcrowded south-east will, the Government say, benefit other parts of the UK as well. Yet the report by the New Economics Foundation, Flying Low, shows that a new runway at Heathrow will cost regional airports 14 million passengers a year. It will harm them, not benefit them.

The first lack of reality is on the timescale, since 2026 is ridiculously optimistic. The idea that you are going to build a runway as well as demolishing 800 houses, moving an incinerator and dealing with the public inquiry, with development consent and—I am fairly certain—with challenges in the courts from local councils suggests to me that the Government do not have realistic expectations in that regard. This is important because it will have a big impact on the ability for any airport development to help our trade situation. There is also a level of fictional economics, which is that the Government have assigned this a zero cost by saying that it is a private development. Can the Minister clarify her attitude to Transport for London’s estimate of a £6 billion cost to the public purse for public transport? Who will pay for the cost of the disruption to the M25 and M4?

I greatly regret that there is a very brief paragraph on air quality. We were hardly aware of emissions issues when this problem was first investigated. Can the Minister provide us with more detail on how this development will enable the Government’s compliance with international obligations? Will she particularly address the issue of surface transport access and surface transport within the airport?

This is supposed to be a national statement yet there is only one brief paragraph in it referring to anywhere other than the south-east of England. How do the Government intend to achieve their promise of supporting other airports to make best use of their runways? Is that a concrete promise of support or is it simply wishing them well in the process? Liberal Democrats believe that the Government should be using airport development as a springboard for the development and prosperity of the north and the Midlands. They should be spreading prosperity across the whole country.

Finally, I warn everyone who is interested in this to look carefully at the wording in the Statement, especially that on page two. All the reassurances are couched in weasel words.

“We expect up to 15% of slots”,


will “facilitate domestic connections”. What does that promise to other parts of the UK? The Government expect,

“up to £2.6 billion … compensation”,

to be paid. They expect not at least £2.6 billion, but up to that figure. They,

“expect … a six-and-a-half hour ban on scheduled night flights”.—[Official Report, Commons, 5/6/18; col. 170.]

What exactly are the guarantees, not the Government’s expectations, on compensation and night flight bans?

[Baroness Sugg]

My Lords, I will attempt to get through all the questions, but if I do not I will follow up in writing. The noble Lord, Lord Tunnicliffe, asked about the consultation adviser Sir Jeremy Sullivan. He reviewed the Government’s consultation process and provided challenge to Ministers and officials to ensure that it was of a high standard, and produced two reports, which have been published. However, the role was on the government consultation, so it has now been completed.

On the Transport Select Committee comment on approval of the NPS, noble Lords debated the draft NPS on 15 March and the formal scrutiny period ended on 23 March. The proposed airports NPS needs approval by resolution of the House of Commons before it can be designated. This House has an agreed process for national policy statements, which is laid out in the Companion, and that is what we are following. Any further debate in this House will, of course, be a matter for my noble friend the Chief Whip.

On the Transport Select Committee’s recommendations, as the noble Lord pointed out, we agree with what it is seeking to achieve in 24 of the recommendations. Several of those recommendations will be addressed at a later stage through the development consent order, for example, or by other means, such as the regulatory framework. We have published a detailed response setting out our approach for each of those recommendations.

The noble Lord was right to point out that for long-haul flights there are net additional emerging market destinations by 2050, and emerging markets are a subset of the long-haul group. It is often more helpful to consider destinations served on at least a daily basis, as that frequency is especially important to business passengers. The north-west runway scheme would lead to an additional 14 long-haul designations being served daily by 2040.

Our analysis demonstrates that the scheme can be delivered without impacting on the UK’s compliance with limits set out in the EU ambient air quality directive. However, it is not for the NPS to set out the legal obligations in detail.

On community compensation, particularly for noise insulation, the current public commitment is to contribute up to £3,000 for noise insulation. That commitment will be examined during any planning process which follows the designation, if it happens, of the NPS. The NPS makes it clear that the Secretary of State will consider whether the applicant has put the correct mitigations in place, at least to the level committed to in the Heathrow Airport public commitments, before finally agreeing.

On community engagement, Rachel Cerfontyne has been appointed to the Heathrow community engagement board. She was previously at the Independent Police Complaints Commission—the chair has no powers, per se. The role is as more of an advocate. Although independent, she will obviously have connections with senior levels at DfT and will help to influence where necessary. I met her recently, and I believe she will do an excellent job of holding Heathrow to account.

I turn to the points raised by the noble Baroness, Lady Randerson. On the question of hub status, we think it gives us the best of both worlds. A large hub airport can compete for transport passengers to provide the connectivity that the UK needs while at the same time enabling growth for other airports around the UK. On timing, obviously we will be working closely with the developer should the NPS be designated. We have had the timing independently and expertly appraised, and as things progress we will be working very closely on that. On costs for surface access, the applicant would pay in full the cost of any surface access required purely for airport expansion. If there are other benefits, the question of how those schemes are funded will be discussed.

To return to air quality, we have always been clear that development consent will be granted only if the air quality obligations are met. The environmental assessment and mitigations proposed by the airport will be carefully scrutinised, independently and in public, before any decision is made on whether to grant the development consents. The NPS outlines some of the measures that Heathrow may adopt to demonstrate these requirements, including the potential emissions-based access charge, the use of zero-emission or low-emission vehicles and an increase in public modes shared by passengers and employees.

On domestic connectivity, one of the reasons why the Government chose the north-west runway is that we fully recognise the importance of air services to everyone across the UK. The Secretary of State set out his ambition for 15% of slots from the new runway to be used for domestic routes, and we expect the majority of those domestic routes to be commercially viable. I know Heathrow is already in discussions with many airports across the country on that. We think that in the first instance it is a commercial decision for airlines, and we will hold the airport operator to account on how it has worked constructively with airlines and regional airports to protect and strengthen the domestic connections. Heathrow Airport Limited has already set out a number of pledges to support domestic connectivity, including financial support for the new routes, but if those measures do not meet our expectations, the Government can take action where appropriate to secure routes through the public service obligations.

I hope I have got to every point. If I have not, I will follow up in writing. The noble Lord, Lord Tunnicliffe, referred to the Labour Party’s four tests: meeting climate change obligations, protecting air quality, supporting growth across the country and addressing noise issues. I hope the noble Lord and his party, once they have read through the documents, will agree that the revised NPS meets them.

Automated and Electric Vehicles Bill

Debate between Baroness Sugg and Baroness Randerson

Report stage (Hansard): House of Lords
Tuesday 5th June 2018 Lords Chamber

[Baroness Sugg]

As I said, we have been working closely with industry on this. These things are not clearly defined—that is part of the problem of writing this Bill. But “driving themselves” is something on which we worked with industry and we think that it clarifies the difference between having driver monitoring and not having driver monitoring. As far as I am aware, the industry is content but perhaps I will find out from the noble Baroness where the concerns still lie, and I will commit to speaking to it before Third Reading.

[Baroness Randerson]

Perhaps I may help the House by saying that that point was raised with me by representatives of the Society of Motor Manufacturers and Traders. As I understand it, it refers to automated driving or “driverless”, rather than driving itself.

[Baroness Sugg]

I can certainly commit to speaking to that organisation and I will let the noble Baroness know how that conversation goes.

--- Later in debate ---

[Baroness Sugg]

My Lords, the Government believe that hydrogen fuel cell electric vehicles are an important technology alongside battery electric vehicles. That is the future we see for decarbonising road transport. Since 2014, we have provided £5 million to fund 12 new hydrogen refuelling stations and £2 million for public and private sector fleets to become early adopters of the vehicles. It is also why we announced in March an additional £23 million to leverage a ramp-up of investments from industry in refuelling infrastructure and vehicle deployment out to 2020.

It has always been the intent behind the Bill to include both hydrogen fuel cell and battery electric vehicles. However, I fully recognise the point made by the noble Baronesses, Lady Randerson and Lady Worthington, in Committee that this needs to be made clear in the Bill so that there can be no confusion as to its intent. I have tabled government amendments to add “or refuelling” throughout the Bill wherever “public charging point” is mentioned. We will continue to make this commitment clear to the consumer and to give the industry confidence to invest in both technologies to drive the uptake in zero-emission vehicles. I thank the Committee for raising the importance of highlighting hydrogen in the Bill, and I am pleased to move these amendments to improve it, by making it clear that all hydrogen fuel-cell technology is included. I beg to move.

[Baroness Randerson]

My Lords, I shall speak to Amendments 49 and 50, which are in this group. Before I do so, I reiterate my thanks to the Minister, who has taken on board the criticisms of the Bill that were made in Committee by me and the noble Baroness, Lady Worthington, in relation to the slight reference to hydrogen in the Bill when it came from the other place. The Government have accepted most of the amendments and have therefore dealt with the confusion of referring to charging hydrogen vehicles when it is not a phrase anyone would use—one would say “refuelling hydrogen vehicles”.

The amendments may appear simple, but they are very significant because the terminology used sends signals to investors and markets about the Government’s wishes and what form of ultra low emission vehicles they are supporting in this legislation. As originally written, it looked as if the Government were backing battery electric vehicles over other technologies, and these amendments put things in a more balanced light and level the playing field considerably.

However, I invite the Minister to think again before Third Reading and change the title of the Bill. The Bill now refers to three specific categories of vehicles—automated vehicles, electric vehicles and hydrogen vehicles—but its title refers to only two of those three categories, so to the less-than-expert observer it would appear that the Government have no legislation to encourage hydrogen vehicles. The Government could have chosen a much more general title, but they have chosen a relatively specific title because the Bill is limited and specific, so it would be sensible to flag up to the world that the Government have this legislation by putting the word “Hydrogen” in the title. I urge the Minister to reconsider this. I have no intention of pushing this to a vote today, but I think it would be useful if the title could be amended at Third Reading.

--- Later in debate ---

[Baroness Sugg]

We have based the Bill on the evidence that we have seen and the problems that we have heard about. I acknowledge that the resolution process can be lengthy if it has to go through the Secretary of State for BEIS, but I appreciate that in the application of new technology there is an element of learning and improvement, particularly for new entrants to the market. We will keep the current statutory arrangements under review and, if further evidence becomes apparent, we will consider what further appropriate action we can take.

We have asked the Government’s new EV energy task force to look at the issue of wayleaves. As I said, we acknowledge that if there is a lengthy period before disputes can be resolved, that will put people off. The task force launches shortly and will work with government, the energy sector and the automotive sector to look at what further actions can be taken to ensure that the energy system is used more efficiently for the uptake of electric vehicles. We have specifically tasked the task force with that.

Amendments 20 and 35 in the names of the noble Baronesses, Lady Randerson and Lady Worthington, rightly highlight the importance of ensuring that new developments include provisions for necessary charging infrastructure. I entirely agree with my noble friend that it will be cheaper to get this right now than to try to do so retrospectively. The recent consultation on the National Planning Policy Framework considered the same policy. It sets out that, when developing local plans, local authorities must fully consider the inclusion of charge points in new developments.

The proposed NPPF envisages that applications for developments should be designed to enable the charging of plug-in and other ultra low emission vehicles in safe, accessible and convenient locations. It also sets out that, if setting local parking standards for residential and non-residential development, policies should take into account the need to ensure the adequate provision of spaces for such vehicles. We are considering many responses to the consultation, and the Government will respond in the summer.

In addition to the measures in the NPPF, building regulations have a big potential to play a role in the move to electric vehicles—in particular, regarding the provision of ducting and pre-cabling infrastructure for new buildings. In our industrial strategy we have committed to update building regulations for new residential developments, saying that they must contain the enabling cabling for charge points in homes. That will be an important step in future-proofing new homes and avoiding more costly retrofitting.

The NPPF addresses the specific point on non-residential buildings, but we already have the powers to introduce such changes through building regulations, so we do not think that they need to be included in the Bill. However, we have carefully considered the issues discussed in Committee, and I am pleased to confirm that we will extend our planned consultation on amending the building regulations for new residential dwellings to include appropriate provision for non-domestic buildings. We will consult on the appropriate regulatory requirements for all new buildings—residential and non-residential—to prepare for charge-point provision. As suggested in the amendments, this work will include considering the options for pre-cabling, and options for specifying a certain level of charging or refuelling points.

Amendment 34 would introduce regulation to ensure leaseholders are not denied the ability to install charging infrastructure, and I have reflected on the discussions in Committee on this issue. Of course, where leaseholders and the landlord or freeholder agree, a charger can be installed very quickly, but this amendment seeks to address those scenarios where one or other interested party has not agreed for whatever reason—we discussed what they could be in Committee. We want to consider these issues carefully. They relate to safety, ownership and cost. Following discussions with the Ministry of Housing, Communities and Local Government, I can confirm that access to electric vehicle charge points will now be considered in the work that the Government are doing on leaseholding. A consultation will be published in the autumn.

I take the point made by the noble Baroness on timing. We certainly do not want to wait until 2021 on that and we will not have to. The project has already kicked off with a call for evidence and we will add this point into it. The Law Commission is already part way through examining the responses. The formal consultation is due to be published in the autumn and the final report will be in June next year—a little quicker. That consultation will provide a good opportunity to work through the issues around leasehold.

Given the confirmation that both leasehold properties and non-residential buildings will now be included in the forthcoming consultations, along with the assurance that the Government’s new electric vehicle energy task force has been specifically asked to review the issue of wayleaves, I hope that the noble Baroness feels able to withdraw her amendment.

[Baroness Randerson]

I beg leave to withdraw the amendment.

--- Later in debate ---

[Baroness Sugg]

My Lords, following similar amendments in Committee, government Amendment 48 introduces a new clause on reporting for Part 2. This amendment would require the Secretary of State to produce a report to be laid before each House of Parliament every year, commencing two years after Royal Assent. This is a broad reporting clause and, for example, would allow the Government to: assess the effects of the regulations on electric vehicle uptake; assess the effects of regulations on industry and consumers; assess how regulations are benefiting the energy system and consumer electricity bills; look at the impact on the Government’s carbon and air quality targets; and consider other social and environmental impacts.

As well as this proposed new clause on reporting, the Government already have other reporting mechanisms and requirements. I explained some of these in Committee, such as the legal obligations to report, and make public, data on air quality and emissions of a range of damaging air quality pollutants, as well as the reporting duties that already exist under the Climate Change Act 2008.

In addition to those reporting requirements, the department publishes statistics on electric vehicle registrations on websites and provides data on the number and location of public charge points. The powers in the Bill will enhance this information and ensure that it is openly available.

As well as assessing the impact of the regulations made, I am also pleased to have included in the amendment a requirement for an assessment of the need for other regulations to be made under this part during subsequent reporting periods. This will help to ensure that further regulations are made in a timely and appropriate manner. I hope that noble Lords are able to support this new clause as one that will complement the Government’s other reporting mechanisms, I beg to move.

[Baroness Randerson]

My Lords, I am pleased to see this amendment committing to a reporting procedure. It is highly sensible because of the way in which we are having to second-guess the future. The speed of response to change could well be quite rapid. I recall the noble Baroness, Lady Worthington, quoting some statistics at our last sitting. She referred to a big spike in the sales of petrol cars that matched the rapid decline in the sale of diesel cars. I use that example to illustrate that changes in this market can be very rapid in response to public knowledge, concern and awareness of environmental issues.

I will use the opportunity of this reporting amendment to urge the Government to give some thought now to the possibility of including car parks in their proposals at Third Reading. Car parks were included as a possibility for further regulations, I suggest gently to the Government that they have the discretion not to implement anything about this in the near future, but they could look, after the first report comes forward, at car parks if their measures implemented in relation to service stations have not proved sufficiently effective. That would mean that they would have the weapon in their armoury, kept in the background. They would not have to go to further legislation and further amendment, which could be difficult and time-consuming. However, I welcome the idea of regular government reports on this rapidly changing situation.

Rail Timetabling

Debate between Baroness Sugg and Baroness Randerson

Monday 4th June 2018 Lords Chamber

[Baroness Randerson (LD)]

My Lords, like the noble Lord I am horrified by the tone of this Statement. The passengers, who bear the brunt of all this, have absolutely had enough, and the lack of any shadow of an apology in that Statement from the Secretary of State is going to anger them even further. The Secretary of State lurches from catastrophe to chaos, and I believe that he thinks that he is Teflon man.

I differ from the noble Lord in that I do not believe that nationalisation is the answer. Indeed, when you look at the ability of the Department for Transport to manage things effectively, one shudders to think of what it would do if it was in charge of the whole lot. I do not subscribe to the kneejerk approach to politics that heaps all blame on Ministers; I realise that government is difficult and that Ministers cannot be expected to micromanage. But I have been a Minister in two Governments and I recognise the point where a Minister has to take direct responsibility when something goes wrong. The Secretary of State has reached that point, and he needs to take that responsibility for his part in this debacle. You cannot claim the credit for something if you are not prepared to shoulder the blame when things go wrong. The latter part of this Statement trumpets the wonderful things that are still going to happen in future; the Secretary of State has trumpeted all this in the past and therefore takes responsibility for it.

Why were basic precautions not taken to ensure that a big change like this ran smoothly? It is the coward’s way to blame the staff and managers involved. Transport Focus warned of potential problems with the new timetables last autumn. Why were its warnings not heeded? What meetings took place with Transport Focus, and between it and the train operating companies, to deal with the concerns which it voiced? For how long has this change been planned? Was there any element of speeding it up to get it done by a particular time, which might have been a factor in why it went wrong? Has Network Rail, or the train operating companies involved, ever raised any concerns about either the scale of change or the timescale for it? The Statement says that there were meetings recently and no concerns were raised then. Were they raising concerns some months back? Why were these changes introduced on such a grand scale, involving several train lines? Would a pilot project not have been a good idea? Given the delays to the Bolton electrification project, why go ahead at all with changes on Northern at this time?

The Statement refers to compensation, but it is not precise. Can we please have exact details about compensation to long-suffering passengers? Finally, the Statement referred to the ORR undertaking an inquiry. Will this be entirely independent? Will it analyse the roles and responsibility of Government, as well as of Network Rail and the train operating companies, so that Government can learn the lessons from this and ensure that it never happens again?

[Baroness Sugg]

My Lords, first I reiterate what was said in the Statement: passengers on these franchises are facing totally unacceptable disruption and we apologise for that. It is our top priority to make sure that the industry restores reliability to acceptable levels as soon as possible, and the department is working around the clock to deliver that. The doubling of passenger numbers that we have seen means that we have needed these expanded routes, extra services and extra seats. That is what the timetable change was supposed to deliver but, instead, it has led to a totally unsatisfactory level of services for passengers who rely on them. We are working closely with Network Rail, Northern and GTR to keep passengers moving and ensure that disruption is minimised. Work has already begun to set up an independently chaired inquiry into the May timetable implementation and deliverability of future timetable changes. This will be fully independent and look at all the issues. In parallel to that, the Department for Transport is looking separately at GTR and Northern.

The first priority is to improve services for passengers as quickly as possible. That is what the Secretary of State, the Rail Minister and officials are prioritising. Although this is not about blame at this stage, it is important to recognise what happened. The industry timetable developed by Network Rail for both GTR’s Thameslink and Great Northern routes was very late to be finalised. On Northern, which is managed jointly by the Department for Transport and Transport for the North, Network Rail did not deliver the key infrastructure changes and upgrades in time, leading plans to be changed at a very late stage. It is also now clear that GTR and Northern were not sufficiently prepared to manage a timetable change of this scale either. The Secretary of State has, indeed, apologised and did so in his Statement. His number one priority is working to resolve this issue.

Privatisation has succeeded in doubling passenger journeys since 1995 and has delivered one of the most improved and safest major railways in Europe. However, of course the system is not perfect, and the changes we announced in the rail strategy last year will ensure that we get the best of both the public and private sector worlds. The new model will keep the benefits of privatisation while, rightly, maintaining vital infrastructure in public hands.

On notice around these issues, the department was aware that agreement on the timetable was running late, and this was industry-wide knowledge. At the beginning of May, GTR informed the department that the delays to the industry timetable process meant that the final timetable would require additional driver diagrams, and therefore more drivers than was expected. GTR put forward a proposal on 10 May, which the department accepted, to amend some late-night, low-patronage services to free up additional drivers, which resulted in 17 services being removed from the timetable until there were enough drivers. However, despite the late timetable, the department was assured that implementation of the new timetable on 20 May could still take place. It was not until two days before the timetable change that GTR informed the department that, following the conclusion of the rostering process, it had identified a significant shortfall in the number of drivers with the required route knowledge. By that point, I am afraid that it was just too late not to progress with the timetable change.

The new timetable had to be implemented as a whole because it was an integral part of the UK-wide rail plan, dovetailing with other train operators’ timetables, as well as future engineering schedules. Across the country, outside the GTR and Northern areas, the timetable is working well.

The special compensation scheme will offer a month’s compensation for Northern season ticket holders who use the services most affected by the disruption. The compensation by the industry will be confirmed shortly for Thameslink and Great Northern season ticket holders. These schemes will reflect the fact that Northern services have been affected since the end of March, and Thameslink and Great Northern services since 20 May. The exact details are being worked out, and the industry will set out more detail of the eligibility requirements and how the season ticket holders can claim.

I reiterate the Secretary of State’s apology for this and reassure noble Lords that, as I said, the number one priority is to resolve this issue.

New Cars: Sales

Debate between Baroness Sugg and Baroness Randerson

Monday 4th June 2018 Lords Chamber

[Baroness Sugg]

The noble Lord is quite right to point to the number of jobs in the UK car industry: there are nearly 190,000 direct jobs, and we absolutely do need to protect them. We are working very closely with the industry on this. As I said before, we want to make sure that we set these targets and that they are reached, but also that the transition is done in a managed way, so that our very successful car industry can continue.

[Baroness Randerson (LD)]

My Lords, the reality is that the 2040 date that the Government announced is so far ahead as to have no impact on the automotive industry, because individual manufacturers are already announcing their own plans to produce only ultralow emission vehicles. Does the Minister accept that, far from leading, the Government are in fact lagging behind many other countries, particularly within Europe? Do the Government accept that they should reconsider their leisurely timescale in order to have a positive impact on the health of our nation, particularly our young children?

[Baroness Sugg]

My Lords, I am afraid that I do not agree that 2040 is unambitious. As the noble Baroness points out, the industry is setting its own targets, which is a great thing to see; everyone is working together to deliver this. On the international point, the UK was the first major economy in the world to set out a challenging ambition to end the sale of new conventional petrol and diesel vehicles by 2040. We are also the second largest market in Europe for ultralow emission vehicles, and for their development and manufacture. One in eight electric cars sold in Europe was made in the UK, and we are ranked sixth globally and second in Europe in that regard, which is a position we should be proud of—but I entirely agree that there is more that we can do.

Railways: East Coast Main Line

Debate between Baroness Sugg and Baroness Randerson

Wednesday 23rd May 2018 Lords Chamber

[Baroness Sugg]

My Lords, the Government are investing significantly in northern transport. With the setting up of Transport for the North, there is now a strong voice to help us allocate funding up there. On the timetable, to which I believe the noble Lord refers, we have seen some big changes in the past week: the biggest change to rail timetables in a generation. That timetable change will deliver improved passenger services across the country—in both the south and the north.

[Baroness Randerson (LD)]

My Lords, the failure of the east coast franchise seems to have surprised no one except a few people in the Department for Transport. Given that 92% of the public were satisfied with the train operating company concerned, it was clearly not a failure to achieve standards set within the franchise. Therefore, we must conclude that the failure lay with the Department for Transport in accepting an unrealistic bid that was just too good to be true. What steps are being taken to train staff within the Department for Transport involved in franchising to design and deal with franchises in a much more realistic, thorough and effective manner?

[Baroness Sugg]

My Lords, the noble Baroness is quite right that we have seen very high levels of passenger satisfaction—92%—under the previous franchise, and we are of course working to continue that. I take her point that the franchising system is not perfect, and we are working to improve it. We are continually refining the franchise model and monitor the performance of all franchises closely. We have evolved and improved bid assessment since 2014 and have a new process to ensure that bids are more financially robust, including a scenario where we look at lower growth than expected.

Automated and Electric Vehicles Bill

Debate between Baroness Sugg and Baroness Randerson

Committee: 2nd sitting (Hansard): House of Lords
Thursday 17th May 2018 Lords Chamber

[Baroness Sugg]

The noble Lord raises a common issue. We have seen development in this area with overstay charges, and we are investigating them. As I was about to say, I understand the correct desire for us to consider the amendments again, and I will go back to do so. We want to ensure that the Bill enables improvement in our infrastructure for electric vehicles.

[Baroness Randerson]

My Lords, the Minister has given us a lot of information. I will of course read the record carefully and probably seek to rearrange my amendment in a different format for next time if she does not feel able to address these issues. I urge her to look at this again.

My noble friend referred to an issue which I believe is addressed in Amendment 48 in the name of the noble Lord, Lord Lucas. This is something the French have dealt with by a pricing regime which means that if you lurk around on a charging point ages after your car is recharged, it becomes a very expensive way to find a parking space. It is perfectly easily solved.

The issues we are addressing are not ones that we have dreamed up from nowhere. It is well known that in London, the pressure on the rollout of charging points for the introduction of electric cars meant that the whole process wobbled and stalled at one point. All the charging points were put in but they were not maintained, so the system fell into disrepute. A new contractor and a new contract appear to have addressed quite a lot of that problem, but the Government need to take this seriously. Otherwise, public confidence will be undermined and electric cars will not take up the position that diesel cars have had in the past.

Automated and Electric Vehicles Bill

Debate between Baroness Sugg and Baroness Randerson

Committee: 2nd sitting (Hansard - continued): House of Lords
Thursday 17th May 2018 Lords Chamber

[Baroness Sugg]

It is purely because in the NPPF we have already committed to the residential side of things and have made that clear in the industrial strategy, while we have not yet gone so far on the non-residential side of things, which I will go back and have a look at. As I said, the consultation on the NPPF recently closed, so we are doing this work at the same time as MHCLG is considering its response to that consultation. I believe it is due to publish that in the summer, but obviously we will have Report before that, so I will take that back.

[Baroness Randerson]

I thank the Minister for her response. Once again, it is a very detailed issue, and I will read the record carefully.

I will respond on one point. The Minister said that it was not reasonable to complain if a parking space with a recharging point were taken out when it had never had to be put in in the first place—whoever did so did it willingly. That is what I understood her to say. My vision of how this would work is rather akin to the issue of parking spaces. There are planning permissions in certain areas where maybe for a certain size of house you need one parking space. If you choose to put in five, that is up to you; it is not illegal—you can do it. If you then want to take out those extra four spaces, no one can complain, but if you want to take out the fifth, they can. It is an issue of dealing with your minimums and ensuring, once again, that this is always at the top of consideration.

To be honest, I was not frightfully impressed by the concept that local authorities “need to consider” something; they need to address it, not just consider it. I listened with interest to the discussion about the mayor’s plans versus the local authorities in London. There needs to be a solution here which is not heavy-handed in taking away local initiative but which ensures that those local initiatives are empowered and encouraged and run rather more smoothly than they have done up to now. I understand the point that there has not been enough action up to now. I beg leave to withdraw the amendment.

--- Later in debate ---

[Baroness Sugg]

My Lords, I very much agree that it is important that the Government take a strategic approach to encouraging and supporting the uptake of electric vehicles and the infrastructure that they rely on, that we monitor our progress against our air quality and carbon targets and that we review the effectiveness of any regulations brought forward under this Bill. I know that there is frustration about the narrow scope of the Bill, but I am afraid that it is just about electric vehicle infrastructure. It is not the extent of the Government’s work in this area.

In 2013, the Government published a strategy entitled Driving the Future Today, which set out the path towards achieving our zero-emission vehicle aims. Of course, much has changed since then—10 times as many ultra-low emission vehicles were registered in the UK last year as in 2013. While the aims of that strategy remain relevant, we are rightly considering how our approach needs to change in light of developments in the automotive sector and beyond.

As noble Lords are already aware, the Government will shortly publish a new strategy for promoting the uptake, manufacture and use of zero-emission vehicles, which will set out the Government’s vision and support for the provision of charging infrastructure for both battery electric and hydrogen cell electric vehicles to help facilitate this transition.

The strategy will go wider than just zero-emission vehicles. We recognise that it is also important to drive down emissions from the conventional vehicles that currently dominate our roads if we are to meet our ambitious climate change and air quality commitments. That includes considering air quality and carbon impacts in parallel and setting out the Government’s view on the role of different fuels in the coming decades.

With regard to Amendment 55, moved by the noble Baroness, Lady Randerson, to review the effectiveness and uptake of the Government’s incentive schemes, the department already keeps under review its existing schemes supporting the rollout of infrastructure and will take the necessary steps to encourage the installation of charge points where they are needed. Further steps will be identified on that in the forthcoming strategy.

I thank the noble Baroness for her suggestions in Amendment 70. We are also looking at the potential of lamp posts. She is quite right to say that not all of us have driveways or garages and so we need to make sure that we get on-street parking right, too. We have an on-street residential charging scheme and we are funding several local authorities to help them to install lamp-post charge points—450 this year. That is something that we are looking to develop.

On the important point of reporting against our air quality and carbon targets, which noble Lords have addressed in Amendments 98 and 99, there are already legal obligations to report and make public data on ambient air quality and emissions of a range of damaging air quality pollutants. In some cases, these obligations implement international level commitments. Of course, the national air quality plan and the clean growth strategy also set out how the Government plan to meet the UK’s air quality and climate change obligations. In addition, we are also already required to report to Parliament on progress against our obligations under the Climate Change Act 2008, of which of course the noble Baroness, Lady Worthington, was a lead author. Our ambitions to achieve a greater uptake of zero-emission vehicles is central to delivering the transport sector’s contribution to those obligations and will therefore form part of the reporting requirement.

As I have explained, the introduction of regulations will depend on the precise circumstances at the relevant time, so we are concerned that we may not be in a position to report on the impact of these regulations within the 12-month reporting period set out. The policy scoping notes set out the approximate timings for when we expect the regulations to be brought forward. I will probably follow that up in writing rather than go through the different clauses in detail now because the question of when we envisage the regulations coming in has been raised a number of times in today’s debate.

Our wider strategy for electric vehicles as well as the infrastructure to which the Bill specifically relates will be published shortly. I have mentioned the existing requirements to report against our air quality and carbon targets. We want to ensure that a requirement for reporting on this quickly moving area of technology is not disproportionate and unnecessary, but following the debate today, I will reflect on the points made ahead of Report and consider an amendment on this point. Given that assurance, I hope that the noble Baroness will feel able to withdraw her amendment.

[Baroness Randerson]

I thank the noble Baroness for her response and I am certainly happy to withdraw the amendment.

--- Later in debate ---

[Baroness Randerson]

My Lords, in speaking to my Amendment 106, I want to agree with what has been said by the noble Lord and the noble Baroness. This is a missed opportunity in that, until the last six months or so, transport Bills have been few and far between. I realise that they are falling like confetti now, but each one is so tiny that, between each Bill, there are great gaps in the strategic action that needs to be taken. Ironically, we have been concentrating a lot on the cutting edge of technology—we have looked at space travel in the Space Industry Bill and at lasers. The pace of technology in those areas is very fast, and this is the same. There is a need for strategic thinking, because the detailed stuff is in danger of becoming out of date. The result is that the Government, being aware of that, have written not just narrow Bills but very vague Bills, giving them lots of power to dream up regulations but no guarantee on the direction in which they are going.

The noble Baroness, Lady Worthington, addresses in her amendment the need to be accurate about what the Bill is. Turning that on its head, in various speeches in our proceedings I have referred to the fact that the part of the Bill dealing with automated vehicles ignores the street scene changes and the changes to the structure of road safety law that will be needed. In Amendment 106, I have drawn attention to hydrogen. That is another specific example of other sorts of developing technology that are lower emission and deserve to be part of an overall strategy.

My final thought on this is that the Government need to do a great deal of connected thinking on all these little bits of effort. We are in danger of leading people to think that we have a strategy fit for the future. I do not believe that we have.

[Baroness Sugg]

My Lords, throughout the proceedings today we have considered the scope and timings of this legislation, and those two points are captured by the amendments in this final group.

Amendment 105 suggests that the legislation comes into force on the day on which it is passed. Under the current text, the Secretary of State will appoint by regulation the day on which the Act comes into force. The commencement timings that are currently contained in Clause 18 follow standard conventions for commencement, whereby the substantive provisions of an Act come into force on dates specified in regulations. I understand the desire of the noble Baroness, Lady Worthington, to make sure that the important measures in the Bill are implemented as soon as possible to ensure that we have the tools available to install the infrastructure necessary to support the uptake of electric vehicles in this country, and to enable insurers to start developing products for automated vehicles. I assure the noble Baroness that we do not intend to delay bringing forward this important legislation once it has passed.

As I mentioned earlier in the debate, we will start to bring forward regulations on smart charge points soon after Royal Assent. As outlined in the policy scoping notes, we think that the regulations under Clause 10 will be needed in the early 2020s for battery electric charge points, and not until the mid-2020s in the case of hydrogen refuelling—although that may not be quick enough for the noble Baroness.

As outlined earlier, the Office for Low Emission Vehicles will continue to monitor the market, working closely with stakeholders, to determine when it is appropriate and right to bring forward the regulations. But it is important that the affected sectors are not disadvantaged by having little or no notice of the coming into force of the Act, and that the Government have the flexibility to bring the provisions of the Act into effect at a time when they are ready to use them.

Amendments 106 and 107 would change the Short Title of the Bill. I recognise that there is room for the Bill’s scope to be reflected in greater detail in the Short Title by making more explicit the range of powers included in the Bill, and as we mentioned at the start of this debate, it is clear that hydrogen refuelling is also very much a part of the Bill. It certainly was not designed to get false credit or to be dishonest, so I will certainly look at that issue again before Report.

I should like to take this opportunity, in the final group of the day, to reiterate that this piece of legislation is not the limit of the Government’s activities in the field of electric vehicles and automated vehicles, nor are we standing still while we wait for this legislation to come through. We have narrowly selected the provisions in this Bill to bring forward those that we think are ready and necessary to legislate for at this point in time. We are using a number of other tools to increase the deployment of electric vehicles. Our forthcoming strategy on how we will get to zero emissions from road transport will set out how we will continue to support the transition to zero-emission vehicles, ensure that the UK is well placed to capitalise on new economic opportunities and drive down emissions from conventional vehicles.

I have heard the frustrations of noble Lords today on the level of ambition in the Bill. I am afraid we will not be able to widen its scope. That will be for future legislation after the Road to Zero document, which will be full of connected thinking. But I certainly commit to taking away points raised by noble Lords and to seek to strengthen the provisions where I can. I thank noble Lords for their contributions today, and look forward to returning to the Bill on Report. I hope the noble Baroness is able to withdraw her amendment.

Automated and Electric Vehicles Bill

Debate between Baroness Sugg and Baroness Randerson

Committee: 1st sitting (Hansard): House of Lords
Wednesday 9th May 2018 Lords Chamber

[Baroness Sugg]

I am afraid that we do not have a specific timetable. Obviously, technology is developing all the time, and we do not yet have the technology available for type 4 and type 5 vehicles. We are working closely, as I say, at United Nations level, and are also working as part of that with both vehicle and software manufacturers to be able to define those standards. Given that we do not yet have the technology, we are not yet able to define the standards, so I am afraid that it will slightly depend on how things progress. However, we play a leading role in this and, as soon as these international standards are set, we will then be able to use them for our type approval for standards within the UK and declare it legal and safe for those vehicles to be driven in the UK.

[Baroness Randerson]

I thank noble Lords and the Minister for her comments, and particularly thank the noble Lord, Lord Borwick, for his support on the need for a more precise definition.

In response to the noble Lord, Lord Lucas, I clarify that I have specified levels 4 and 5 because that is what the Government have said that the Bill applies to. If the Government want it to apply to level 3 as well, that is fine. The principle is the need for a clearer definition; the use of levels rather than the definition is what I am suggesting.

The noble Lord, Lord Berkeley, asked how long it would take to get used to automated vehicles. If you drive a minibus, it comes as a bit of a shock to find that you are sort of on top of the car in front of you, in comparison with driving a car, when you expect to have a bonnet in front of you. We are getting used to new ways of driving. As I have mentioned before to noble Lords, I have an electric car, and that is a totally different style of driving. We will get used to it more quickly than perhaps some people think.

Transport Levying Bodies (Amendment) Regulations 2018

Debate between Baroness Sugg and Baroness Randerson

Tuesday 1st May 2018 Lords Chamber

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

My Lords, the draft regulations that we are considering, if approved, would enable Cambridgeshire and Peterborough Combined Authority to collect appropriate levies from its constituent councils to meet the costs of carrying out their transport functions. As only the upper-tier authorities—Cambridgeshire County Council and Peterborough City Council—have transport functions, the levy will fall solely on these authorities.

The seven constituent councils of the Cambridgeshire and Peterborough Combined Authority—the administrative areas of Cambridgeshire County Council, the city councils for Cambridge and Peterborough, and the district councils for East Cambridgeshire, Fenland, Huntingdonshire and South Cambridgeshire—have led a local process to improve their governance arrangements, which culminated in this House and the other place agreeing orders that saw the establishment of the Cambridgeshire and Peterborough Combined Authority in March 2017. This order gave effect to the desire of the local authorities in these areas to improve their joint working, including on transport matters.

An order has since been made that provided for a mayor to be elected in May 2017 for the Cambridgeshire and Peterborough Combined Authority. The elected mayor is the chair of the combined authority.

Combined authorities are designated as levying bodies under the Local Government Finance Act 1988. Under that Act, the Secretary of State is able to make regulations relating to the expenses of combined authorities that are reasonably attributable to the exercise of its functions, including those relating to transport.

The draft regulations before the House would amend the Transport Levying Bodies Regulations 1992 to take account of the creation of the Cambridgeshire and Peterborough Combined Authority. They have been drafted to reflect the proposed approach of these local areas and have been agreed by the combined authority. The levy could fund any of the transport functions that sit with the combined authority.

The functions of the combined authority are set out in its establishment order, and any subsequent order that confers transport functions will be clearly identified. These include developing a local transport plan, as well as a range of passenger transport-related functions. It will be for the combined authority to decide how to fund these in accordance with the establishment order and any subsequent orders.

The upper-tier authorities—Cambridgeshire County Council and Peterborough City Council—will need to consider how they fund any levy issued by the combined authority as part of their budget process, whether by council tax, government grants or other sources of revenue. They will need to take into account the impact of council tax levels in their area, including when determining whether any council tax increase is excessive.

The regulations have to establish how any transport levy would be apportioned between the upper-tier authorities if the combined authority could not reach agreement. In the event that they cannot agree, the combined authority will apportion the levy by taking into account previous levels of transport expenditure by those authorities.

The regulations help to facilitate the provision of transport arrangements as part of the combined authority’s wider governance changes. I commend them to the House.

[Baroness Randerson (LD)]

My Lords, I thank the Minister for her comments. The regulations come after a period when there has been, not surprisingly, a lot of local discussion and debate about the formation of the combined authority. Having been through a period of change in local council formation in Wales about 20 years ago, I still bear the scars; it is never an easy or happy situation. As I knew that there had been debate about this matter and some discussion about the plans for transport in the area, I took a look at the mayor’s transport delivery plan. There are local concerns about an overemphasis in that plan on Cambridge city and on roads.

I applaud the ambition of the mayor, because his ideas include a Cambridge underground—the Cambridge autonomous metro with underground electric buses. It is ground breaking stuff and a very good idea in many ways, because Cambridge as an historic city with a dense population has a huge traffic problem to solve. However, undergrounds involve tunnelling, which is very expensive. It is therefore not surprising that the amount of money that would be sucked into the Cambridge area has alarmed people in Peterborough, who believe—I think quite rightly, being familiar with Peterborough—that much needs to be done to improve their bus network, such as the introduction of bus lanes and encouragement of ultra-low emission buses, as well as to improve cycling and walking infrastructure and the uptake of rail. Those are much less expensive options.

Then there is a wider picture, because Peterborough and Cambridge are two cities in the midst of a large rural area. I strongly welcome devolution of powers over railways, but, in that wider area, people are campaigning for the reopening of Wisbech station, which was a casualty of the Beeching era, and of the line from there to March. They are isolated communities that desperately need investment. People are also campaigning for the electrification of the Peterborough to Ely and Cambridge line to encourage freight from the east coast ports to the Midlands on to the rail. Of course, there are always demands for better rural bus services, with people emphasising the importance of sustainability and tackling congestion and air quality problems. I am simply trying to set the issues that have been put forward in this debate in the context of these regulations, and I have some questions for the Minister.

First, taking devolution fully into account, infrastructure development is of course an essential part of co-ordinated transport planning. So how does the Department for Transport monitor the way that levying bodies, not just this one but others as well, spend the money they raise? How does the department ensure that transport plans treat the whole area affected by this fairly? How does it ensure that there is co-operation and co-ordination—this is a key point—from one local authority area to another? Because there are certain aspects of transport provision, such as local buses, which are rightly an issue for that area alone, but when you are looking at railways you are almost always linking from one local authority area to another, and the same with road provision. So you have a transport plan from here to somewhere; you cannot just stop it at the border. I am interested in how the Government can ensure that the levy, which is after all a levy on the people of that area, is spent wisely.

Haulage Permits and Trailer Registration Bill [HL]

Debate between Baroness Sugg and Baroness Randerson

3rd reading (Hansard): House of Lords
Tuesday 24th April 2018 Lords Chamber

[Baroness Randerson (LD)]

My Lords, I will not detain the House with a great long speech, but I endorse the words of the noble Lord, Lord Tunnicliffe. I thank the Minister for her courtesy and the care with which she has dealt with the Bill.

[Baroness Sugg]

I thank the noble Lord, Lord Tunnicliffe, and the noble Baroness, Lady Randerson, for their comments and constructive engagement throughout the passage of the Bill.

Haulage Permits and Trailer Registration Bill [HL]

Debate between Baroness Sugg and Baroness Randerson

Report stage (Hansard): House of Lords
Tuesday 17th April 2018 Lords Chamber

[Baroness Sugg]

My Lords, at Second Reading and in Committee we discussed our intention to consult industry on possible permit arrangements and the trailer registration scheme. Ministers and officials in my department have been engaged with industry throughout the development of the Bill and have held workshops with hauliers and relevant trade associations. We also intend to hold a public consultation on the details of these schemes that will inform the regulations made under this Bill.

Given the importance we place on understanding the impact of regulations on hauliers and trailer users, I now propose to include a requirement to consult in the Bill. The amendment provides that, before making regulations, the Secretary of State must consult such persons as he thinks fit. This wording and this obligation are consistent with other road traffic legislation, such as the Road Traffic Act 1988. I hope that noble Lords will support the inclusion of this clause. I beg to move.

[Baroness Randerson]

My Lords, I welcome the Government’s amendment. The Minister has made a significant gesture. In my amendment, Amendment 27, which relates to Clause 21, I have specified a number of organisations because I see no harm in having certain key organisations named in the Bill. To choose one organisation at random from the list, the Freight Transport Association has existed since the 19th century. It would do no harm to specify it in the Bill. The amendment allows the Secretary of State complete discretion to add other organisations as he sees fit.

My earlier amendment did not include the trade unions. Having tabled the amendment, I looked at it the next day and thought, “Oh, there’s no reference to the trade unions”. At a meeting this morning, it was pointed out to me that, although my list is perfectly admirable as far as it goes, it does not refer to the National Farmers’ Union or the Farmers Union of Wales, whereas trailers are an important part of farm working. Therefore, it is important that we look very widely at the list of organisations. I gather that the Government have not yet consulted the trade unions—that is what the Minister said in Committee. I believe that she has not yet had the opportunity to meet the National Caravan Council. Given that this Bill is a coat-hanger, it is important that there is very wide government consultation because so many aspects of the Bill are going to be crucial to the haulage industry.

Whatever arrangement with the EU we come to in the end, it is important that all aspects of the haulage industry and of industries that are affected by haulage are consulted on the implications of the Bill. That is particularly the case because the Government now say that the Bill will come into play not just if there is no agreement with the EU but that aspects of the Bill will come into play whatever happens. I urge the Minister to consider the widest possible consultation in future on the Bill.

[Baroness Sugg]

My Lords, I thank the noble Baroness, Lady Randerson, for her amendment. We feel that the inclusion of a list of consultees in this clause would not give the Secretary of State sufficient flexibility to decide who needs to be consulted. I take the noble Baroness’s point that we can always add to the list, but as soon as we add organisations to it we are statutorily obliged to consult them. For example, if a highly technical amendment needed to be made or if a change were to be made to permits regulations, we would be obliged to consult trailer stakeholders. As I mentioned earlier, there are good precedents for the wording of the government amendment.

We are consulting widely on the regulations, beyond those organisations included in the amendment tabled by the noble Baroness, and I can reassure noble Lords that we will consult all the groups listed in her amendment. We are planning to consult on the regulations before the Bill receives Royal Assent, as we intend to bring forward regulations shortly after the passing of the Bill to give as much time as possible for hauliers to make any necessary preparations for leaving the EU.

On the noble Baroness’s point about the National Caravan Council, I have sadly not had the opportunity to meet it yet, but just this afternoon my honourable friend Jesse Norman, the Roads Minister, is meeting it to follow up on a number of meetings with officials.

On trade unions, the department regularly speaks to the unions, specifically Unite and the United Road Transport Union, on freight issues. We absolutely will involve them in the consultation on new regulations. Noble Lords referred to their helpful contributions on the criteria side of things, which we will also be looking at.

We have had workshops covering permits and trailer registrations and shared the policy scoping documents with stakeholders and, as I said, we intend to consult publicly in the next few months. That will now be a statutory requirement, should this amendment be accepted. We will continue to consult with all these organisations. We are very aware of how these regulations can affect industry, whether it be the haulage industry or the caravan industry, and indeed leisure users. I hope that reassurance allows the noble Baroness to withdraw her amendment. I am pleased with the broad support that the government amendment has received, and I beg to move.

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[Baroness Sugg]

My Lords, I am grateful to noble Lords for their contributions to the debate and, as it is the last group today, I am grateful for contributions throughout the passage of the Bill. The noble Baroness, Lady Randerson, has moved an amendment to provide a sunset clause for some aspects of permanent schemes introduced under the legislation, and the DPRRC report also recommended the insertion of sunset provisions. I agree that the Bill should not provide powers that may never be used, but use of the regulation-making powers set out in the Bill does not depend on the outcome of our negotiations with the EU, as we have discussed. The powers will be used in any event for applications outside the EU context—for applications pursuant to our bilateral agreements with non-EU countries, for example—so a sunset provision would constrain our ability to manage permit applications for those bilateral agreements.

I agree with the noble Baroness’s intention to ensure that unnecessary and unused legislation does not languish on the statute book but, as I said, that would not be the case. The effect of the amendment, even with the Secretary of State’s ability to extend it, would be to commit both government and Parliament to an unnecessary procedure. We would always need to extend the clause, as we would be using the regulations. For that reason, I urge the noble Baroness to withdraw her amendment.

I tabled the government amendment to apply the affirmative procedure to the first regulations made and those first regulations only. I have taken account of the views of the DPRRC and the Constitution Committee—I am grateful for their work in scrutinising the Bill—and the concerns raised in Committee and agree that there should be further scrutiny of regulations in this case as they are likely to have an impact on the haulage sector. We believe that it is appropriate for the first regulations only; the same scrutiny is not required for subsequent regulations. The noble Baroness mentioned offences in particular. Again, we are following precedent by moving offences to affirmative first. In recent regulations, such as those under the Childcare Act, those offences are only affirmative first, and that is what we followed.

We want to ensure that scrutiny of the regulations in this area is proportionate, and we spent some time in Grand Committee debating the merits of the affirmative and negative procedures. We are using powers that will replicate many aspects of existing schemes such as those under the Vehicle Excise and Registration Act, and those regulations are subject to the negative procedure but, given that these regulations will introduce an entirely new scheme, it is absolutely appropriate that they are affirmative in the first instance.

I hope noble Lords will agree that the government amendments allow proper and proportionate scrutiny, and I commend them.

[Baroness Randerson]

I am grateful to the Minister for the progress we have made. Taken altogether, this will make a clear difference to certain parts of the Bill and I am happy to beg leave to withdraw my amendment.

Haulage Permits and Trailer Registration Bill [HL]

Debate between Baroness Sugg and Baroness Randerson

Committee: 2nd sitting (Hansard): House of Lords
Thursday 22nd March 2018 Grand Committee

[Baroness Sugg]

I am afraid that we do not have the detailed figures on trailer accidents ahead of the next discussion.

[Baroness Randerson]

I thank the Minister for her reply. As usual, she has indicated that she is in discussions with the National Caravan Council. I am content with that. I will look carefully at the details of the reply, particularly in relation to the National Caravan Council’s registration scheme and its requirements.

The noble Lord asked about the size of the sector. As an illustration, the figures I have show that in the last year there were 65,000 new caravan registrations and sales—and that is only one sort of trailer. The National Caravan Council’s scheme registered more than a third of those, so it is an important scheme that already exists and it is important that it fits alongside the Government’s proposals. Obviously, I will come back to the Minister if I have any further questions, but at this moment I am happy to withdraw the amendment.

--- Later in debate ---

[Baroness Sugg]

My noble friend makes a very good point as always. No, we would not consult trade unions unless it were relevant to do so.

I understand the noble Baroness’s and noble Lord’s point: many of the people who will be affected by this will indeed be employees travelling to and from the continent. We need to make sure that the regulations work for them as well as employers, and that the people who will be responsible for registering the trailers and applying for the permits are consulted too. We have not yet had any formal consultations with the trade unions, but I will certainly take that away and we will look to involve them at the appropriate point.

[Baroness Randerson]

In view of the Minister’s response, I am happy to withdraw the amendment.

Rural Bus Services

Debate between Baroness Sugg and Baroness Randerson

Wednesday 14th March 2018 Lords Chamber

[Baroness Randerson]

To ask Her Majesty’s Government what action they have taken to improve rural bus services.

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

My Lords, buses are a vital part of our public transport system and the Government are committed to supporting them. They can be particularly important in rural areas, where many people depend on their local bus service, but no single solution will work for all rural areas. The Government are providing funding and powers, most recently through the Bus Services Act 2017, so that local authorities can work in partnership with local bus operators to identify and support services that best fit the needs of individual communities.

[Baroness Randerson (LD)]

My Lords, the rural bus network has been cut by 40% in the last 10 years, with further cuts planned, for example in Norfolk and Kent. Councils blame a £200 million shortfall when the Government reimburses them through the concessionary fares scheme. Many older people, as the Minister said, rely on this in isolated communities. Will the Minister agree to review funding for concessionary fares and to look at funding for community transport to replace bus services where they are no longer provided?

[Baroness Sugg]

My Lords, last year the Government renewed our commitment to supporting older and disabled people. We recognise the importance of accessible and affordable transport and are therefore entirely committed to the concessionary fares. Through the Ministry of Housing, Communities and Local Government, local authorities are provided with the funding to meet their statutory obligations over concessionary travel. Bus operators are reimbursed on the basis that they are no worse off for carrying concessionary pass holders. We issue guidance to help local authorities administer that concession, consistent with that principle.

Haulage Permits and Trailer Registration Bill [HL]

Debate between Baroness Sugg and Baroness Randerson

Committee: 1st sitting (Hansard): House of Lords
Tuesday 13th March 2018 Grand Committee

[Baroness Randerson]

In her reply, will the Minister clarify exactly what these permits will be? The background briefing that her department issued referred to single-journey permits and multiple-journey permits. It referred to the European Conference of Ministers of Transport permit system. Having researched this, I believe that the number of permits available under that system would be absolutely tiny. Where are these permits going to come from? What is going to regulate them? Are we going to dream it up ourselves or base it on the international system? We need a bit of clarity on this.

[Baroness Sugg]

My Lords, I thank noble Lords again for their contributions to this debate. I assure noble Lords that this provision is not intended to allow these methods to be the only approach used, or for these to be used without the use of other criteria. We are in the process of negotiating with the EU on how UK hauliers will operate in the EU 27 after our withdrawal. As I said, we are confident we will secure an agreement which allows them to operate without restrictions on market access. If we do agree a permit system, “no restrictions” would mean unlimited permits. The exact nature of what will be in the permits will be down to the international agreement with the EU. We do not have details of that yet, but I imagine that it would follow the international information which is included on them. I will take back the point made by the noble Lord, Lord Campbell-Savours. I will look in detail in Hansard about what the exact restrictions on that permit are. I am not sure that we would repeat them in a future system.

In including this, we are attempting to be prudent in ensuring that the industry would be able to continue to operate under a range of different outcomes. It may be that, depending on our future partnership agreement, in some circumstances, the demand for permits may exceed the available number. As I said, that is not the aim of negotiations or what we are hoping for, but we have a duty to plan for that, as a contingency.

One of those outcomes could see the permit scheme we agree involving a set quota of permits. The Bill allows us to set criteria to allocate those permits, should we need to. The detail of the criteria will be setout in regulations and guidance. We have set out some examples in the scoping documents. In such a case, criteria such as the economic benefit the permit would bring would be reflected. Of course, a more sensible way of allocating permits would be the best outcome. However, if the use of those criteria—set out in the regulations—was not sufficient to balance demand versus supply, we may need to apply a further method such as random allocation to decide between applicants. For example, if we were able to clearly allocate 90% of applications because of the economic case, we could then use a first come, first served basis or random allocation to allocate the other 10%. As I said, and as noble Lords have made clear, we want to avoid a system with a limited number of permits, but we need the ability to allocate them should we find ourselves in the unfortunate situation of their being limited.

--- Later in debate ---

[Baroness Sugg]

The reason we do not think the permit will be allocated to a specific truck is to allow for flexibility, should there be a limit on the number of permits. It will enable hauliers to move them between trucks, so they are not restricted to only one truck going back and forth to Europe. On fraud, we are designing a system to try to ensure that it will be allocated to a specific company. It may give us the number of trucks that could use the permit. We could check the licence plates and other things. We are working through the issues on that. I hope that that explanation will satisfy the noble Baroness.

[Baroness Randerson]

I thank the Minister for the amount of detail she has given on this. Certainly, it is sufficient that I will have to look at the record and quite possibly come back with some more questions. I am very grateful for the amount of further information she has given us.

Buses

Debate between Baroness Sugg and Baroness Randerson

Thursday 8th March 2018 Grand Committee

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

My Lords, I thank all noble Lords for their contributions today. I thank in particular the noble Lord, Lord Bradshaw, for securing this debate and allowing us to talk about buses and the hugely important role that they play in our transport system.

Buses connect our communities to the workplace and to vital public services such as healthcare and education. For many, particularly those in rural areas—which I think all noble Lords spoke about today—the bus is an absolute lifeline, as over half of those who rely on buses outside London do not have access to a car. They play a vital role in our economy, with some 4.5 billion journeys a year, and remain the most popular form of public transport, as the noble Baroness, Lady Randerson, highlighted.

Under-21s make up a third of bus passengers, and the use of buses by older people is increasing as a result of the national concessionary pass. As all noble Lords have highlighted today, the picture of bus usage across the country is mixed. While bus patronage has increased in some areas, other areas have seen a significant decline in passenger numbers.

The benefits of a reliable and innovative bus service are clear: greater productivity, and communities that are connected rather than apart. I agree with the noble Lord, Lord Bradshaw, and the noble Baroness, Lady Randerson, that heavy traffic makes buses less reliable, less prompt, more costly to run and more polluting—and obviously less attractive to use because of that. They operate along fixed routes and cannot use any alternatives. It is not really a good advertisement to use buses when you see one stuck in traffic.

What is the answer? The best answer is encouraging more people to use buses. It is still the best form of regular high-capacity transport that we have. Unlike rail, a bus can go virtually anywhere, and a bus service can be set up very quickly and at a fraction of the cost of rail. But buses need help to achieve this. One solution is to improve traffic in the key corridors used by buses, and one of the most effective ways is to give them priority over traffic. The sight of a bus cruising past lines of stationary cars or getting ahead of the queue at a junction is a much better advertisement and certainly sends a clear message to motorists. Priority measures offer good value for money, and we are funding many bus projects up and down the country through the Local Growth Fund. There are rapid transit schemes in Slough, Reading and Swindon and bus priority corridors in Manchester and Birmingham, which are genuinely innovative projects that are making a big difference in some of our busiest towns and cities. Busways, which provide dedicated corridors only to buses, such as in Cambridge and Luton, are also extremely effective and have the ridership to prove it.

The Government introduced the Bus Services Act 2017 to help local authorities and bus companies work together to make bus travel more attractive. Together they can identify congestion hotspots that disrupt bus journeys and, through partnership commitments, do something about them. Bus operators have to up their game by making using the bus an easier option. We discussed the secondary legislation relating to the Bus Services Act 2017 earlier this week. The Act contains a range of options to improve local bus services in England. In addition to franchising, there are new and improved options to allow local transport authorities to enter into partnership with their local bus operators to improve services for passengers.

Local authorities can provide bus priority measures or do other things to make buses more attractive. As the noble Lord, Lord Bradshaw, touched on, this can include reducing car-parking provision, increasing its cost or better enforcing existing parking restrictions, introducing park-and-ride schemes, altering traffic light phasing and establishing bus lanes. There are lots of tools. The Act also allows local bus operators to improve their services by introducing multi-operator smart ticketing, using more environmentally friendly vehicles and providing comprehensive timetable and fares information. The partnership can also co-ordinate bus timetables and ticketing with other modes, such as rail services, to provide a seamless journey.

The noble Lord, Lord Kennedy, mentioned the bus open data powers in the Act, which will go further than the partnership provisions to require all bus operators in England to open up real-time route, timetable, fare and ticket information to passengers by 2020. Since the Bus Services Act came into force last year, around 30 local authorities up and down the country have expressed an interest and we are working with them to roll out the scheme.

On the bus services operators grant—BSOG—which many noble Lords mentioned, commercial bus operators receive 43% of their income from the public purse. Each year the department provides £250 million in direct revenue support for bus services in England via the BSOG. Of that, more than £40 million is paid directly to councils outside London to support buses that are not commercially viable but which they consider socially necessary. The rest goes to commercial bus operators. Without this support, fares would increase and marginal services would disappear. The BSOG is currently paid on the basis of fuel used, but we are looking at ways of reforming it to make it even more effective in supporting bus services.

On local authority funding, I fully appreciate that local authorities are making very difficult choices as a result of ongoing financial pressures. The right reverend Prelate and others were correct to point out that BSOG funding was reduced in the 2010 spending review. A decision was made to reduce it by 20% to reflect the economic climate of the time. Since 2012 the Government have continued to maintain the BSOG at current levels and we are very aware of the importance of bus services to local communities. In recognition of this, we were able to protect BSOG funding as part of the 2015 spending review. We are looking at reforming the way the BSOG is paid to make it more effective in supporting bus services.

Noble Lords mentioned the advantages of more young people using buses, and I entirely agree. The level of fares is a complex area. There is no statutory obligation to provide discounted travel to young people, and I am afraid there are no plans to introduce it. Many commercial and publicly funded reductions are available. We are working to deliver significantly discounted bus travel for apprentices to ensure that no young person is deterred from taking up an apprenticeship by travel costs. I listened with interest to the point made by the noble Baroness, Lady Scott, about the National Citizen Service, which is an excellent programme. I will take that away and have a look at it.

The noble Lord, Lord Bradshaw, spoke about road user charging for vehicles as a solution to congestion. While I listened with interest, there are technical costs and privacy challenges and, not least, the importance of public acceptance of it, so I am afraid the Government have no plans to introduce such a road-pricing scheme. I am afraid there is more disappointment for the noble Lord, Lord Bradshaw, as the majority of English local authorities have taken on civil parking enforcement powers, but obviously not in the area in which the noble Lord lives. We think that CPE represents the most effective way for local authorities to manage and enforce parking. While we continue to support the rollout of CPE, we think it is up to each local authority to consider the financial and operational implications of taking on parking enforcement duties. For that reason, we let local authorities freely choose whether to apply for these powers, and have no plans to force the remaining non-CPE authorities to adopt them. But as I said, if they wish to do so, we will work with them. I am afraid I must also disappoint the noble Lord, Lord Bradshaw, on the extension of civil enforcement powers to moving traffic offences, such as the yellow box. We have no plans to extend them. It is important to recognise that congestion has a wide range of causes. Obviously, there is that enforcement in London and Wales. Although we still have congestion here, we think there are better ways to address it and we are working on those.

The noble Baroness, Lady Scott, the noble Earl, Lord Arran, and the right reverend Prelate the Bishop of St Albans all raised the important issue of rural areas. The noble Baroness is quite correct that different areas have very different needs and expectations. Of course, extra pressures are placed on local authorities to provide services in more isolated areas. The Minister for Local Government is intending to increase support for the most sparsely populated rural areas by more than quadrupling the rural services delivery grant from £15.5 million to £65 million by 2019-20.

The right reverend Prelate also made the important point that bus services are relied on by many different groups in rural areas. It is important that the lack of provision does not further exacerbate any issues of loneliness. I will certainly go and see whether we can address the issue of transport.

[Baroness Randerson]

Since this is International Women’s Day, we ought to note in this debate that bus passengers are much more likely to be women than men. There is an issue here not just of intergenerational fairness but of gender equality.

[Baroness Sugg]

I thank the noble Baroness for her intervention. I was thinking about whether I could say something about women, given that it is International Women’s Day. I was not aware of that fact, so I thank her.

Providing transport solutions across wider geographical areas requires the effective use of all available options, whether it be traditional fixed-route bus services, community buses, dial-a-ride—as the noble Earl mentioned—or other services, such as social care or non-emergency patient transport. At present, the Government provide over £2 billion each year in funding for those services. That is spent by different bodies which are often providing transport for the same people at different times; for example, someone using non-emergency patient transport to get to a routine hospital appointment one day can be using a local dial-a-ride service to go shopping or visit friends the next day.

The funds do need to be spent in a more joined-up way. The noble Earl raised the issue of Total Transport. Two years ago, we launched our Total Transport pilot schemes across England to explore how councils, the NHS and other agencies can work together. The results of those pilot projects are still being analysed, but it is already clear that there is considerable further scope for public sector-funded transport to work together, whether it is provided by local authorities, community groups or the NHS. We will be publishing those results shortly.

The noble Lord, Lord Bradshaw, asked about lane-rental schemes. The Government have trialled lane-rental schemes, encouraging utilities to work together at weekends and in the evenings. There is good news: that has proved successful. We are now encouraging local authorities to set up schemes in other areas across England. We laid a statutory instrument last week with guidance for local authorities and I look forward to the impact that may have on congestion.

The noble Baroness, Lady Randerson, asked about the environment. She is quite right that buses emit fewer air pollutants than the equivalent number of car journeys taken by road, but on urban routes, where the majority of buses operate, with the stop-start conditions, the slower speeds and the traffic, as we have discussed, there are obviously issues. That is why we are trying to clean up the bus fleet. As the noble Baroness recognised, we invest in green buses. There is more that we can do: we will shortly be publishing our strategy towards zero-emission vehicles. Emissions have not yet been calculated on a per-head basis, partly because that would impact on decisions on bus purchasing, and we want to encourage the purchase of clean buses. But we are looking at further developing our transport energy model, possibly including emissions per head.

There is no single solution that will work everywhere, but the Government have a commitment to local transport, and the powers in the Bus Services Act will help reverse the decline in bus use and drive up patronage. However, central government can go only so far to encourage bus use. Buses are not provided by the state: outside London, some 80% are provided by commercial bus operators. Most of the roads that buses use are the responsibility of local authorities. Much is in the hands of local politicians, local authorities and the bus operators themselves. We all need to work together to make sure that buses can provide an effective way of tackling congestion.

Again, I thank all noble Lords for their contributions today and the noble Lord, Lord Bradshaw, for introducing this debate. Buses are a key part of our transport system and perhaps we do not discuss them enough in your Lordships’ House. As the noble Baroness, Lady Scott, said, often our emphasis is on rail. However, with the SI this week, the debate today and the Question on rural buses from the noble Baroness, Lady Randerson, I am pleased that we have been given the opportunity to do so. Very appropriately, after waiting so long for a debate on buses, we have now had three come along at once. I hope that I have been able to demonstrate that the Government are committed to maintaining and improving local and public transport in all areas, whether in the largest cities or the most rural villages.

Brexit: Aviation

Debate between Baroness Sugg and Baroness Randerson

Tuesday 6th March 2018 Lords Chamber

[Baroness Sugg]

The noble Lord is right: we are currently looking to roll out GPS use as part of our programme to modernise the airspace, which is well overdue. Planes currently have to fly lower and for longer to avoid the routes, and so modernisation and the introduction of technology will benefit the environment.

[Baroness Randerson (LD)]

My Lords, Brexit will probably mean additional bureaucratic hurdles for leisure and private pilots and planes flying to the rest of the EU. Can the Minister confirm whether this has been discussed in negotiations so far with the EU and the US? Can she further confirm whether a report in today’s Financial Times is accurate when it states that the US has so far offered us only a “standard bilateral agreement”, which would be a problem to our major airlines which have large foreign shareholdings?

[Baroness Sugg]

The Government have yet to start detailed transport negotiations with the European Union. The Prime Minister confirmed on Friday the ambition to seek participation in the EASA system, and we stand ready to continue those conversations as soon as we are able. I do not recognise the description of the talks with the US on a new UK-US air service agreement. The talks have been positive, we have made significant progress and both sides want to conclude these discussions soon.

Enhanced Partnership Plans and Schemes (Objections) Regulations 2018

Debate between Baroness Sugg and Baroness Randerson

Tuesday 6th March 2018 Lords Chamber

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

My Lords, the Bus Services Act 2017 contains a range of options to improve local bus services in England. In addition to franchising, there are new and improved options to allow local transport authorities to enter into partnership with their local bus operators to improve services for passengers.

One of these, the enhanced partnership regime, allows local authorities to define a geographical area in which they provide new facilities such as bus priority measures or take other measures that would make buses more attractive, such as reducing car-parking provision or increasing its cost. In return, local bus operators are required to meet service standards that are specified as part of the scheme. This can include a multi-operator smart-ticketing scheme or a requirement to operate cleaner vehicles or provide comprehensive timetable and fares information. The partnership can also limit the number of vehicles that operate along specific corridors to reduce congestion or improve air quality, or require the buses to co-ordinate their timetables with other modes, such as rail services.

The draft regulations, which were laid before the House on 17 January, set out the mechanism by which bus operators can formally object to the package of proposals during the development of an enhanced partnership scheme. A key element of enhanced partnerships is that only the majority of bus operators need to agree to the proposals for them to go ahead. This means that improvements to bus services that are supported by the local authority and the majority of bus operators cannot be prevented from being introduced by a “blocking minority” of operators which, for whatever reason, do not wish the partnership to be introduced.

The 2017 Act provides a mechanism allowing individual operators the opportunity to object to the proposals to make an enhanced partnership plan or scheme at two key stages. The first opportunity to object arises when the proposal for an enhanced partnership is subjected to a formal public consultation, and the second arises if the plan or scheme is modified following the consultation.

The regulations set out the process for determining if the number of operators objecting to the enhanced partnership plan or scheme, as proposed or modified, is sufficient to stop it proceeding any further. If this happens, the partnership would need to renegotiate the package until the objections fell below the statutory thresholds.

The regulations provide two criteria that need to be satisfied to determine whether there are a sufficient number of objecting operators to stop the partnership proposals. Both criteria need to be considered and either one, if met, would be enough on its own to stop further progress. The first criterion is that, for objections to be sufficient, the objecting operators together must represent 25% of operated bus mileage in the partnership area and at least three bus operators must be objecting. If there are fewer than three operators running bus services in the area, the regulations require them to object for this criterion to be satisfied. This ensures that objections are raised by operators with a significant stake in the local bus market while preventing a single operator, or pair of dominant operators, from exercising an effective veto.

The second criterion is that objections are received from 50% of local bus operators that, together, operate at least 4% of operated mileage in the partnership area. This prevents a large number of operators that together have only a relatively small stake in the bus market from objecting to a partnership that is supported by the local authority and the operators with the largest stake in that bus market.

I will now explain how those thresholds were arrived at. The bus market in England has been deregulated since 1986 and the number and size of bus operators in individual areas varies greatly. The objection thresholds in the draft instrument cater for this and were arrived at following detailed analysis of real-world bus markets by officials in the Department for Transport, and discussions with key stakeholders such as bus operators and local authority stakeholder groups. This objection mechanism was then subject to a full public consultation between 8 February and 21 March last year. While some respondents suggested alternative figures for the thresholds, there was no consensus on what they should be and it did not convince us to alter our proposed figures.

Following our detailed analysis and the results of the consultation, we believe these figures are the right ones to use for the objection mechanism. However, the mix of bus operators varies hugely up and down the country, as I said, and it would not be possible for any statutory criteria adequately to cater for all the ones where enhanced partnerships may develop. That is why the 2017 Act also allows for further flexibility. The statutory objection thresholds in this instrument are required to apply only when a plan or scheme is introduced. An enhanced partnership can also include a bespoke objection mechanism for use when an existing scheme is varied or discontinued. This allows individual partnerships to adopt an objection mechanism that better suits their needs.

The draft instrument also sets out those services that are not eligible to take part in the objection mechanism. The first is community bus services which, under the 2017 Act, are not required to meet the requirements of an enhanced partnership scheme. It also includes tour buses, services that operate less than 10% of their mileage in the partnership area and services paid for under subsidy by the local transport authority.

Since the Bus Services Act came into force in June last year, nearly 30 local authorities up and down the country have either expressed an interest in, or are actively pursuing, an enhanced partnership with their local bus operators. However, there will inevitably be some operators that seek to block progress, perhaps because the improvements proposed are not in their commercial interest or because they prefer the freedom to operate in a fully deregulated market. These regulations seek to strike a balance between ensuring that the partnership has broad support from local operators and not allowing a minority to block vital improvements that will make local bus services better for passengers. I ask the House to approve the regulations and I beg to move.

[Baroness Randerson (LD)]

My Lords, I thank the Minister for her introductory comments. One of the big questions when we debated the Bus Services Bill last year was exactly how the Government were going to devise a scheme that allowed existing operators to object to a proposed partnership without allowing them to act as a complete block on progress towards improved bus services. We all hope that the enhanced partnerships will provide those improvements, so I strongly welcome the Minister’s realistic analysis of what the regulations seek to do. It seems that the scheme as outlined here is quite a cunning plan, which is well balanced between the operators and the local authorities.

However, we will see how well it works in practice. I am delighted to hear that 30 local authorities are already working on this. One hopes that they are successful because the others, the less adventurous ones, might perhaps follow suit. Given that the Government declare in the Explanatory Memorandum that a review is not appropriate, will the Minister assure us that there will be an element of informal review to assess how well this is working after a couple of years? There might be some unintended consequences or the need for some adjustment, so it is only sensible to allow for review—although I understand the Government not wanting to commit to a formal review process.

The plans set out five stages in the life cycle of an enhanced partnership. The first is when the local authority proposes a plan, the second is when it makes a plan and the third is when it proposes to vary a plan. How will that work in practice? Suppose at stage 1, when the local authority proposes an enhanced bus partnership, the bus operators object. Is there sufficient flexibility in the process for the local authority and the bus operators to meet and discuss the plan, for the local authority to amend it and for the bus operators to withdraw their objections without having to go back to square one? I fear that in practice some local authorities might look at a plan and, if the bus operators object, they might just retire from the field and say that they will not bother with enhanced partnerships again. I am concerned that we have a system that is sufficiently simple and flexible to allow both sides to address issues and concerns and to move on through the process without having to go back to the start.

I hope the system is flexible and that this is a successful way ahead, because the decline in the number of bus services, particularly in rural areas, indicates that for many areas this is the last opportunity for decent bus services to survive—and we know that when a bus service goes, it strikes at the heart of a rural area.

[Lord Tunnicliffe (Lab)]

My Lords, I am afraid that the Minister has not really made my day since she has answered all the questions in my original speech. I shall not waste the time of the House by repeating them. Suffice it to say that I commend the realistic attitude that the Government have taken to how bus companies might behave. I shall press the point made by the noble Baroness, Lady Randerson, about a review. I am not pressing the Government to commit to a review, but should the carefully researched numbers in these regulations prove not to achieve the Government’s objectives, what complexity would there be in changing the numbers? Would it be possible within the parent legislation to bring forward new orders if the reaction of bus companies was excessively to veto apparently viable schemes?

Haulage Permits and Trailer Registration Bill [HL]

Debate between Baroness Sugg and Baroness Randerson

2nd reading (Hansard): House of Lords
Tuesday 27th February 2018 Lords Chamber

[Baroness Randerson]

I understand the Government’s view that these EU papers are just an opening position, but actually they are a factual statement. How we move forward from that is another issue, but the papers are making a factual statement. Will the Minister address the fact that those papers cover rail and maritime as well as road? My question was: how will the Government deal with rail and maritime? Will there be legislation similar to this Bill?

[Baroness Sugg]

We do not currently believe that there needs to be legislation for the maritime and rail sectors. Obviously there is preparatory work going on, but we do not have any further updates for the noble Baroness on that. As and when we need to bring forward legislation to prepare ourselves, we absolutely will, in the same way as we have done with this.

The Government have introduced this Bill as part of the preparations for the UK’s withdrawal from the EU. I say again that we are committed to ensuring that liberal access continues for the commercial haulage sector. We all agree on how important it is that that continues. We are confident that a future partnership between the UK and EU in this area is in the interests of us all, and we are optimistic about the negotiations.

This legislation shows that this Government are acting responsibly—I hope noble Lords will welcome the preparations, as many have, in various tones—in case preparations are required as we move from our current membership of the EU to our future partnership. My noble friend Lord Attlee rightly called this a sensible precaution, and I will pass on the congratulations of the noble Lord, Lord Whitty, to the department for being so well prepared. Of course, there are many wider issues relating to leaving the EU that will be of much interest to noble Lords. Many of them are being debated at length in the EU (Withdrawal) Bill. I hope that the sensible measures in this technical Bill will help ensure that the UK is prepared for all eventualities and I welcome noble Lords’ broad agreement on this, and their contributions to delivering it as the Bill proceeds through the House.

I thank again all noble Lords for their contributions to the debate this afternoon—in particular the noble Lord, Lord Tunnicliffe, and the noble Baroness, Lady Randerson, who, like me, are on their third piece of transport legislation today. We will carefully consider all the points raised, and I look forward to discussing them further in Committee. I ask the House to give the Bill a Second Reading.

Space Industry Bill [HL]

Debate between Baroness Sugg and Baroness Randerson

Ping Pong (Hansard): House of Lords
Tuesday 27th February 2018 Lords Chamber

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

My Lords, these amendments cover issues debated during the passage of the Bill through both Houses.

I know noble Lords will agree that the Space Industry Bill is an important step to ensure that the UK space sector is at the forefront of a new commercial space age. It is important that our scientists, engineers and entrepreneurs are equipped to take advantage of this opportunity.

On Amendment 1, noble Lords may recall our useful debates on the requirement for environmental protection to be set out in the Bill. I thank the noble Lords, Lord Rosser and Lord McNally, and the noble Baroness, Lady Randerson, for their valuable contributions to this debate. These debates resulted in an additional licence condition being inserted into Schedule 1, enabling the regulator to require an assessment from an applicant of the impact noise and emissions are expected to have on the local community. Noble Lords did not consider that this amendment alone went far enough to afford the environmental protection to which spaceflight activities ought to be subject. On Report, I committed to the Government tabling a further amendment in the other place to address this. I am pleased to report that such an amendment has been inserted into the Bill by way of a new Clause 11. Amendment 1 places a mandatory requirement on an applicant for either a launch or a spaceport licence to submit an assessment of the environmental effects of their proposed activity. The regulator must take the assessment into account before a licence is granted. I hope noble Lords will agree that the amendment provides robust environmental protection in the Bill as requested.

I turn to Amendments 2 to 5, which also reflect a commitment I made on Report to ensure that the uninvolved general public have easy recourse to compensation if something goes wrong. This followed a helpful debate and I thank the noble Lord, Lord Tunnicliffe, for leading the way on this issue and the noble Lord, Lord McNally, for his support of it. As highlighted throughout the passage of the Bill, safety is our priority. The provisions are designed to ensure that spaceflight activity is as safe as possible and that risks to third parties are minimised. However, where injury or damage occurs, third parties should have easy recourse to compensation; this remains the case even when an operator’s liability to third parties is capped. These amendments turn the discretionary power in what is now Clause 35(3) into a duty. This means that if an operator’s liability is capped under Clause 35, the Government are required to pay compensation to the public for any claims for injury or damage above the capped amount.

I hope noble Lords will agree to support the Motion to approve these Commons amendments, which reflect commitments I made during our discussions on the Bill. I beg to move.

[Baroness Randerson (LD)]

My Lords, very briefly, I am particularly pleased to see Amendment 1. The Minister gave those assurances during the debate and we tabled an amendment relating to the need to take environmental considerations into account. I recall saying at the time that one has to think of the impact on local people; just because it is exciting and being done in rural areas does not mean that we can ignore the impact on the environment. A great deal was made of the rurality of these space sites and it strikes me that the noise, road closures and impact of heavy vehicles will be of more concern in rural areas than they would if it was being done in an urban area, which of course cannot be the case here. As with any building works in previously greenfield sites, there will be a huge impact and I am reassured that the Government have now taken this rather more appropriately into account.

Automated and Electric Vehicles Bill

Debate between Baroness Sugg and Baroness Randerson

2nd reading (Hansard - continued): House of Lords
Tuesday 20th February 2018 Lords Chamber

[Baroness Sugg]

I do not believe that that has been ruled out. I will come on to our strategy, which we will publish shortly; it will look at those kinds of issues.

The noble Baroness, Lady Worthington, made a number of wider and compelling points about transport emissions and how we can better influence investment decisions. I am afraid that I do not have time to go into those now or to begin to address them, but I hope that the noble Baroness will meet me so that we can discuss that further.

The noble Lord, Lord Birt, asked when we will publish our updated strategy, which will look at managing electricity and increasing charging points. We last set out our strategy on electric vehicles in 2013, so it is due an update. While our ambition that nearly all cars and vans should be zero-emissions vehicles by 2050 remains unchanged, obviously the market and technology have developed hugely since then, as the noble Lord, Lord Birt, pointed out. It is therefore right that we review the steps we need to deliver our ambition on this. We plan to publish the strategy by the end of March, and I hope that it will address many of the wider points raised today by the noble Baronesses, Lady Randerson and Lady Worthington, the noble Lord, Lord Tunnicliffe, and other noble Lords.

The noble Lord, Lord Berkeley, made the sensible suggestion that we should have one universal charging point. The shift to electric vehicles is being driven by the global automotive industry. The Bill does not set out precisely which charging connector could be used as the common standard in any regulation. However, it will allow technical specifications to be set so that drivers can be confident that they will be able to plug in and charge when they arrive at public charge points. I am afraid that I do not have the information about how many of these charge points are operational, but I will go back to see whether we can find that out. The noble Lord, Lord Brooke, is quite right that we must ensure that these all function as well.

My noble friend Lord Selborne and the noble Baroness, Lady Randerson, highlighted the importance of skills, and I agree that we must ensure that the UK has a suitably skilled workforce. Motorists with electric vehicles will clearly expect the same level of knowledge and customer service that they have come to expect in connection with conventional vehicles, and, as the noble Baroness, Lady Randerson, points out, it is important that we make sure that those trained in these vehicles are trained safely.

As a professional body for the automotive industry, the Institute of the Motor Industry is well placed to help government understand the challenge of ensuring that maintenance and repair is carried out in a professional and safe manner. There are already some level 1 to 3 qualifications in electric vehicle maintenance and repair, and between 30 and 50 UK colleges and training providers offer these courses. However, we can of course do more, and I will look closely at the suggestion made by the noble Baroness, Lady Randerson, on this. We recognise that this is a potential barrier for the uptake of electric vehicles and we are already taking steps to address this.

On the Parliamentary Estate—I wondered whether this would come up—there are currently only two charging points in the underground car park. A major project is under way to refurbish the car park, and around 80 car charging sockets are planned—10% of the planned car parking spaces—with the capacity to add more in the future. The car park refurbishment project started in the summer of last year and is due to finish in summer 2019.

[Baroness Randerson]

I add, as a piece of useful information, that in the underground car park there are also a lot of three-pin plug sockets, and you are entitled to park your car overnight and recharge it there using an ordinary plug. So the facility is there, but of course there is nothing in the House of Lords car park.

Rail Update

Debate between Baroness Sugg and Baroness Randerson

Monday 5th February 2018 Lords Chamber

[Baroness Randerson (LD)]

I start from a rather different position, as I do not believe that the answer lies in renationalisation—but I am sure that the Minister will accept that things are not going well. We have had the fiasco of Southern and we have had Carillion being given more and more contracts, despite the profit warnings. We have had HS2 and the unauthorised payments, and now we have the east coast. The DfT seems to be presiding over a tale of muddle and huge commercial misjudgment.

The Secretary of State in his Statement says that Stagecoach/Virgin overbid. We all knew that it had done so; there was commentary in the commercial press at the time by other operators that this was a hugely overoptimistic bid. Why did the DfT allow that bid to go ahead if it was unrealistic?

The Statement says that,

“the franchise had breached a key financial covenant”.

Can the Minister please explain to us what that is, and why they are stepping in now as opposed to at any other point?

Much is made in the Statement of the £1 billion return to the public purse, but does the Minister accept that the railways are run as a service to passengers and that maybe the DfT is expecting far too great a return to the public purse, and the whole concept on which this is based is unrealistic? The Government are slowly reducing the percentage subsidy to our railways at a time when the railways are expanding and the number of passengers is generally increasing. Does the Minister accept that this is actually unrealistic as a way forward?

I am glad that the Statement includes options for the future and that among them it has the DfT as the operator of last resort. When that happened before, rather a good job was done by the state stepping in, and I urge the Government to do that in the case of Southern. Does the Minister consider that the concept of a franchisee needs to be expanded so that it includes public/private partnership and public sector bodies? Maybe mutual models, which involve staff and passengers, could be allowed to bid as well.

I also want to ask about the knock-on effect on other franchises. It is known that other franchisees are having a tough time. We need only a small hint of further problems in the economy and those franchisees could say, “The Government stepped in this time—why can they not step in and help us?”.

Finally, how is it that there is no adequate legal ground to exclude Stagecoach from further bids at this point? Surely the DfT should be writing the franchises more tightly than this.

[Baroness Sugg]

My Lords, as the Statement set out, our priority is to ensure the continued smooth running of the east coast main line for the passengers who use the service. As the Statement said, it has a 90% passenger satisfaction score, and we are looking at the future options for either direct operation through the DfT or Stagecoach continuing to operate. We will look at each of those options and work out the best solution to match the three principles set out. As the Statement says, it is a profitable line and we want that to continue in future.

On the franchising system and privatisation, the franchises will maintain an element of risk because they are run by private companies, and the success of the franchise is down to how they run the service. I think that the benefits of privatisation have been made clear in the Statement. I could add that, back in the mid-1990s, taxpayers paid out £1.8 billion in subsidies to the operators, and now the operators invest in the railways and pay premiums to the taxpayer—of £763 million last year. We have also seen investment of more than £6 billion from private investment over the last 11 years.

We are continuing to improve and refine the franchising model. Obviously there was an overbidding in this case, and we look at the performances of all franchises closely. In recent franchises, we have looked to take a different approach to the risks and are now moving more clearly towards the offer which will provide the highest-quality service for passengers and away from the highest bidder. The noble Baroness was absolutely right that passengers should be put first.

To address some of the lessons that we have learned from previous franchise evaluations, we have introduced new measures to deter overbidding as well as improving on our financial modelling and stress testing. With this added testing, the department will be able to forecast bids that are likely to default and exclude them in future. We have engaged with the market about those changes and continue to highlight to prospective bidders the more rigorous testing that bids will be subject to on the upcoming franchise competitions.

On the operator of last resort, there will be a team within the Department for Transport, supported by specialist advisers, to maintain continuity of passenger services. As I say, the changes in the rail strategy last year are designed to ensure that we get the best of both public and private sector worlds, and the new model will keep the benefits of privatisation while maintaining vital infrastructure in public hands. We have already begun this process of evolving how we run the railway.

Laser Misuse (Vehicles) Bill [HL]

Debate between Baroness Sugg and Baroness Randerson

Committee: 1st sitting (Hansard): House of Lords
Tuesday 23rd January 2018 Lords Chamber

[Baroness Sugg]

My Lords, the Government keep safety across all modes of transport under constant review and, along with industry, are always looking at ways in which we can mitigate risks to safety. The risk posed by the misuse of lasers is no exception. I assure the noble Baroness, Lady Randerson, that we will continue to work with the police, regulators and other stakeholders, including the UK Laser Working Group, to monitor the number of instances of a person shining or directing a laser beam at a vehicle and look at what other steps can be taken, including raising public awareness and using evolving technology, to mitigate the impact that a laser attack has on a person in control of vehicles.

In addition to what we are proposing in the Bill, the Department for Business, Energy and Industrial Strategy has announced new measures to tackle the sale of unsafe laser pointers, which I hope will reduce the number of instances of laser misuse on transport. Much of this will be a matter for the newly created Office for Product Safety and Standards to consider. Announced on Sunday, it will be a national body to further enhance the UK’s product safety system and provide support at a local level. I have already mentioned the education programme. We believe that the very introduction of the Bill will raise awareness of the dangers that lasers pose. The noble Baroness points out that the Bill’s scope is very narrow. That is indeed the case. As I said, BEIS has recently published its response to its call for evidence. The new Office for Product Safety and Standards should help.

We will follow the usual post-legislative scrutiny guidance and submit a memorandum, published as a Command Paper, to the House of Commons Transport Select Committee within five years after Royal Assent. The memorandum will include a preliminary assessment of how the Act has worked in practice. The one year that the noble Baroness proposes in her amendment may not be enough time to properly assess the full impact of a new criminal offence and the other measures I have mentioned. As I said, we will of course be keeping this under constant review. I hope that my reassurances will satisfy the noble Baroness and that she will withdraw her amendment.

[Baroness Randerson]

I thank the Minister for that. For the sake of clarity for the noble Lord, Lord Trefgarne, I thought I had indicated—possibly it is because I am trying to use as few words as possible today—that I understand entirely why my proposed amendments were ruled out of order. It is because the Bill is very narrowly drafted. However, I did discuss the issue in order to see whether it is possible to have this discussion in some other way. I was reassured to hear that the Minister is consulting widely on the issues associated with the Bill, as well as by the creation of the Office for Product Safety and Standards and the five-year review. I am satisfied that she has taken on board and will continue to take on board the issues I have raised and with that I am content to withdraw my amendment.

Brexit: Aviation Safety Regime

Debate between Baroness Sugg and Baroness Randerson

Wednesday 17th January 2018 Lords Chamber

[Baroness Sugg]

My noble friend is absolutely right. The UK has been very successful in securing a leading supply chain role globally, particularly with Airbus. The industry supports 128,000 direct jobs and 153,000 indirect jobs across the country. Of course, we must do all we can to ensure that we protect these jobs, and the industry. Globally integrated supply chains are mutually beneficial to us and our import and export partners, and it is in all our interests to ensure that trade continues.

[Baroness Randerson (LD)]

Does the Minister accept that the creation of any additional regulatory barrier or dual regulations would undermine UK competitiveness, as well as the continuous improvement in safety? Does she agree that continued membership of EASA is by far the simplest way of achieving this?

[Baroness Sugg]

My Lords, I agree that we need to keep regulation as low as possible. Continued membership of EASA is a possibility and we are actively considering it. The UK has a proud record in the aerospace sector and a number of distinct advantages, and will continue to do so after we leave the European Union.

Rail Franchises: Govia Thameslink

Debate between Baroness Sugg and Baroness Randerson

Tuesday 16th January 2018 Lords Chamber

[Baroness Randerson]

To ask Her Majesty’s Government what action they are taking to ensure improvements in the performance of rail franchises run by Govia Thameslink Railway.

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

My Lords, passengers on this route have not had the level of service they expect or deserve, and we are sorry to them for the disruption that has been caused. We are working closely with Govia Thameslink Railway and Network Rail to deliver a better service to passengers through a range of actions. We have invested £300 million for Network Rail to improve infrastructure resilience, and agreed a £13.4 million package with GTR to pay for key passenger improvements.

--- Later in debate ---

[Baroness Randerson (LD)]

Last week’s NAO report is a woeful catalogue of government errors, including the failure to assess the impact of potential industrial action, the failure to ensure enough drivers and a contract structure with no incentive to avoid strike action. The £13.4 million financial settlement the Minister just mentioned is judged by the NAO to remove the incentive for Govia Thameslink to improve. In the light of that judgment, can the Minister explain how and why things will now improve? Can she promise us that passengers’ interests will be put absolutely at the centre in future franchises?

[Baroness Sugg]

My Lords, we broadly accept the recommendations of the NAO report. We accept we have made mistakes and are learning lessons. I assure the noble Baroness that we will put passengers at the forefront in our future franchising decisions. We are listening to passengers and acting on what they tell us. We are opening public consultations as part of the franchising process and will use the responses to inform our decisions.

Pollution: Vehicle Emissions

Debate between Baroness Sugg and Baroness Randerson

Monday 15th January 2018 Lords Chamber

[Baroness Sugg]

My Lords, vehicle excise duty was reformed on 1 April 2017 in order to make it fairer to motorists, to strengthen the incentives to buy the cleanest cars and to ensure that those who can afford a premium vehicle pay more. To encourage manufacturers to bring the next generation of diesels to the market quicker, we have introduced a temporary levy on diesel cars.

[Baroness Randerson (LD)]

My Lords, the Government are being sued for the third time over the failure of their plans to tackle the air quality issue as fast as possible. The current plan requires no action in 45 of the local authorities that have identified illegal levels of air pollution. Does the Minister accept that every local authority with air pollution problems should be required to take urgent action to reduce the pollution caused by traffic?

[Baroness Sugg]

I agree that every local authority must do what it can to reduce pollution caused by traffic. The noble Baroness is right that although we meet the vast majority of targets, we are one of 17 EU member states that are not meeting the nitrogen dioxide limits. The main reason for that is the lower than expected reduction in emissions from diesel vehicles. We have a plan for tackling the roadside nitrogen dioxide concentrations, which we published last year, and have issued directives to 28 local authorities outside London. They are already drawing on the £255 million fund which we have made available to try to bring improvements as quickly as possible.

Local Congestion: Investment

Debate between Baroness Sugg and Baroness Randerson

Wednesday 10th January 2018 Lords Chamber

[Baroness Sugg]

I am sorry: I missed the question. Perhaps my noble friend could repeat it.

[Baroness Randerson (LD)]

My Lords, there is a virtually permanent traffic jam on the A49 in Hereford. This is a vital route between north and south Wales and into the Midlands. Thousands of Hereford residents, as a result of the traffic jam, suffer dangerously poor air quality from the permanent congestion. Hereford Council has a well-worked out plan, which would involve regeneration, for a bypass. Does the Minister agree that this should be a top priority for the funding that the Government have offered for local councils?

[Baroness Sugg]

My Lords, I agree absolutely that the funding we are making available should address exactly the problem raised by the noble Baroness. As I have said, the major road network would fit that requirement.

Laser Misuse (Vehicles) Bill [HL]

Debate between Baroness Sugg and Baroness Randerson

2nd reading (Hansard): House of Lords
Tuesday 9th January 2018 Lords Chamber

[Baroness Sugg]

I thank the noble Lord for his intervention. Trying to define all the different types of journey which may take place is complicated. As I say, our advice is that “journey” is the best way to describe it, but I will take the noble Lord’s comments away and consider them ahead of the Committee stage.

The noble and gallant Lord, Lord Craig, also mentioned horse-drawn carriages, which I am afraid will not be covered by the Bill. We have not seen any evidence of a problem, so horse-riders will not be covered either. We work closely with the British Horse Society and other organisations but, as I say, they have not raised any safety concerns. However, we will keep the issue under review and perhaps follow it up with them.

We have consulted carefully with the Ministry of Defence on the Bill and indeed with the Military Aviation Authority. The offence will cover both military and civilian vehicles, and the Bill has received support from Ministers in the Ministry of Defence. We will continue to work closely with the MoD and the MAA, some of whose representatives are also members of the UK Laser Working Group, which meets regularly.

On licensing and import controls, as I mentioned in my earlier speech, we have committed to providing additional support for enforcement activities around the import of lasers. We are working to deliver more effective labelling and to promote public awareness. However, after considering the evidence, we do not intend to introduce a licensing regime.

[Baroness Randerson]

What precisely does the Minister mean by “support for local authorities”? That is the key thing. Support can mean providing advice and information or it can be firm, practical help.

[Baroness Sugg]

We are working with local authority ports and borders teams to advise them on prioritising the checking of imports. We have allocated a grant of £100,000, as the noble Lord, Lord Rosser, mentioned, to help them have an immediate and targeted impact. We are also working with online retailers and importers.

Railways: Fares

Debate between Baroness Sugg and Baroness Randerson

Tuesday 12th December 2017 Lords Chamber

[Baroness Randerson]

To ask Her Majesty’s Government what assessment they have made of the impact of increases in train fares due to be introduced in January 2018.

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

The Government understand the concern about the increase in the cost of rail fares and the impact this can have on people’s budgets. Our railways need substantial investment to ensure they are fit for purpose for the 21st century. Despite record levels of investment, the Government have ensured that, since 2014, regulated rail fares have risen no faster than retail prices. We of course continue to monitor our rail fares policies closely and keep them under review.

[Baroness Randerson (LD)]

My Lords, in January rail fares will go up by 3.4%, at a time when wages are already failing to keep pace with rising inflation because of the impact of the falling pound following the Brexit vote. For instance, an annual season ticket from Swindon to London will increase by £304. For many years now, the Government have frozen fuel duty to help motorists, so will the Minister agree that the Government should now freeze rail fares for the coming year to help rail passengers?

[Baroness Sugg]

The noble Baroness mentions the freezing of fuel duty, which is obviously widely welcomed by motorists, following the Budget. I am afraid that we cannot freeze rail fares because by doing so, we would have to decrease investment in our railways, which is sorely needed.

Railways: Update

Debate between Baroness Sugg and Baroness Randerson

Wednesday 29th November 2017 Lords Chamber

[Baroness Randerson (LD)]

My Lords, one thing on which we agree with the Government is that the answer to improving the railways does not lie in renationalisation. I am disappointed in this strategic vision. It is largely a restatement of existing announcements, some of which I recognise from the days of the coalition.

However, on these Benches, we welcome the commitment to assess transport projects on the basis of their potential for unlocking future growth, rather than on a simplistic assessment of current overcrowding and journey time saved. I want to ask the Minister about the announcement on reopening old lines, which had a lot of publicity this morning—but it is obvious that no new money is involved, as otherwise we would have been told. The reference in the Statement is to partnership with metro mayors. That is usually a code for saying that local government will foot the bill. What are the terms on which these proposals are made? Where will the money come from and how advanced are the plans, with specific examples in mind?

This week, the Minister replied to a Written Question from the noble Lord, Lord Berkeley, setting out total transport expenditure across each region of England. I am grateful to the noble Lord for asking the Question. The Answer, which I recommend to your Lordships, makes extraordinary reading. Capital expenditure in the last year is a total of £16 billion across the whole of England, £6 billion of which was spent in London. Only £520 million was spent in the north-east, and £666 million in the east Midlands. This entrenches the inequality and the divide in our society, and I am disappointed that this Statement does not provide new announcements on projects for the north and the Midlands that are desperately needed. What are the Government going to do to change that balance of spending within the country?

Finally, there is no reference here to electrification projects. The stalling of electrification and the abandonment of those plans was a huge blow to those poorer parts of the UK, including south Wales—west of Cardiff being an example. It is important that they are given the renewed investment that electrification with provide. That will also improve the quality of our air.

[Baroness Sugg]

My Lords, the noble Lord, Lord Rosser, asked how we will deliver these schemes. As the Statement announced, we have already provided up to £34.7 billion directly in government grant, we expect significant amounts of that to be spent on enhancement during the period, and the funding is provided within that grant to support that. We are also making funding available for early-stage development of the new enhancement schemes.

Both the noble Lord and the noble Baroness, Lady Randerson, brought up electrification. We understand that passengers expect high-quality rail services and, of course, we are committed to electrification where it delivers clear passenger benefits. We are also taking advantage of state-of-the-art new technology to improve journeys. The decision to cancel some of the electrification was made to deliver the benefits to passengers sooner than would otherwise have been possible. We are focused on using the best technologies to improve each part of the network, and will continue to do so.

On fares reform, of course we carefully monitor rail fares and changes in average earnings, and will keep them under review in calculating rail fares. The regulated rail fares are capped in line with inflation each year and for the next year. In the five years to 2019, Network Rail is spending more than £40 billion to improve the network. On average, 97% of every pound of the passenger’s fare goes back into the railway. We recognise that the fare system can be complicated, and the Rail Minister is working with the industry to consider what can be done quickly to help passengers find and choose the best ticket.

On overcrowding, obviously the expansion we are talking about today will help. HS2, once it is up and running, will take huge amounts of people off the overcrowded rail network. As I said in the Statement, the South Eastern franchise is a good example. We are hoping that it will provide space for at least 40,000 additional passengers in the morning rush hour.

The noble Baroness, Lady Randerson, asked how we will decide on the new rail lines and when they will be delivered. We of course want to work with partners in industry to develop the proposals for the next generation of those lines. We are developing guidance for investors and developers to ensure that the process for taking the proposals forward is as clear and transparent as possible. We cannot today commit to specific amounts or the timescale when the proposals are still in such early stages of development. The strategy refers to some of the potential ones, so we are aiming to take a sensible and measured approach, helping our partners to develop those proposals. As I said, we are funding schemes to help develop business cases.

The noble Baroness mentioned the north. We are investing huge amounts of money into rail in the north. For example, there is the £1 billion in the Great North Rail project to 2020, the train operators of Northern and TransPennine Express will invest over £1 billion in buying new trains and there will be more than 500 new carriages. The Great North Rail project has seen the journey times between Manchester and Liverpool improved by 15 minutes. In addition, we are working with Network Rail in the regions to develop options for major upgrades between Manchester, Leeds and York to provide more seats and faster journeys.

Brexit: Border Crossings

Debate between Baroness Sugg and Baroness Randerson

Wednesday 22nd November 2017 Lords Chamber

[Baroness Sugg]

I agree with my noble friend that it is absolutely key to ensure a close relationship between Northern Ireland and Ireland after exit. As we have made clear, we must aim to avoid any physical infrastructure on the land border. We recognise the economic, social and cultural context of the border. Of course, we are working together to find a creative solution.

[Baroness Randerson (LD)]

My Lords, the Government promised a lorry park on the M20 to relieve pressure on the police, the motorway and the people of Kent when Operation Stack needs to be implemented in future but, two years later, they are still struggling with that very modest plan. If the Government cannot manage a planning application, how can we have any confidence that they will be able to cope with the complex processes that they need to introduce to customs systems in the time that we have until their proposed Brexit?

[Baroness Sugg]

My Lords, we are fully committed to finding a permanent solution to Operation Stack. Ahead of exiting the EU, we have commissioned Highways England to deliver an interim solution that will store HGVs on the M20 and allow two lanes of traffic in both directions. We are also extending the arrangement with Manston airfield so that, if capacity is exceeded, HGVs can divert to Manston. We are confident that that will be in place in March 2019. That will mean that the M20 will remain open to traffic in both directions and, if Operation Stack is required, the disruption to local traffic will be much lower. Our focus is on engineering a frictionless border.

Drones

Debate between Baroness Sugg and Baroness Randerson

Tuesday 21st November 2017 Lords Chamber

[Baroness Randerson]

To ask Her Majesty’s Government whether they intend to bring forward legislation to control the use of drones; and if so, when.

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

My Lords, following the public consultation on this in July, I can confirm that the Government intend to bring forward legislation with regard to drones. As set out by my predecessor, we hope to bring legislation forward as soon as possible next year, including an amendment to the Air Navigation Order 2016. I will be setting out further details on the content and timing of that legislation in the coming weeks.

[Baroness Randerson (LD)]

My Lords, hundreds and thousands of drones are now in operation, and over 50 near misses involving aircraft were reported this year alone. Is the Minister aware of research by the British Airline Pilots Association showing the risks and dangers of a serious accident as a result of a drone strike? Does she accept that the Government need to develop a much greater sense of urgency in dealing with this serious problem, which will lead to an accident if it is not controlled?

[Baroness Sugg]

My Lords, I am indeed aware of the evidence put forward by BALPA on the danger that drones can pose to aircraft and helicopters. I understand the need to move on this and we are taking action. Since the consultation response, we have been assessing the best way to implement the legislation, which will include the registration of drones and leisure pilot tests. We are engaging internationally on developing the best practice for drone rules, and we are reviewing and exploring the other possible policies that we set out for further consideration.

Space Industry Bill [HL]

Debate between Baroness Sugg and Baroness Randerson

Report stage (Hansard): House of Lords
Tuesday 14th November 2017 Lords Chamber

[Baroness Randerson (LD)]

My Lords, I was pleased to be able to add my name to Amendment 2. Before I speak to it, I welcome the Government’s Amendment 9, because it adds to Schedule 1 both noise and emissions as factors that should be taken into account when granting a licence. That is a step forward. However, it is still a narrow interpretation of the problems that I anticipate local communities and the slightly wider area might encounter. If these spaceports are a success—across the House we very much hope that they will be—they will have an impact on local communities and on the environment that those communities currently enjoy. These are by definition remote and peaceful places at this moment, and they will be significantly less remote and less peaceful after the development of a spaceport.

Other potential issues include the following. First, there is the issue of visual amenity in what could well be beautiful areas. These will be large installations and will not easily blend into the landscape. Secondly, there is the impact on local roads. I do not know the situation in Scotland, but I know that the roads in Wales are hardly even small motorways in that area. We are talking about moving large, wide loads across the country and along roads, often moving them slowly on to the site, and that will be disruptive. I remember how the noble Lord, Lord Tunnicliffe, in a memorable phrase, described a rocket as a controlled explosion. There is also potentially air pollution, as well as noise pollution.

Finally, I point to the basics of many of the issues and problems arising from planning applications for large or even small developments. Clearing a site to establish a spaceport could well impact on existing wildlife, and the ongoing use of the spaceport could, for example, disturb nesting birds.

I do not want to be a doom-monger but we need to be realistic. The enthusiasm of the Welsh and Scottish Governments may not be shared by local people. Any of us here who have been local councillors— I was a councillor for 17 years, albeit a long time ago—know that what I have outlined are routine planning issues that, appropriately, get in the way of wholesale development that does not take into consideration the amenities of local people and the environment beyond. Spaceports should not be exempt from the rules, and that needs to be flagged in this Bill.

[Baroness Sugg]

My Lords, I recognise noble Lords’ concerns that there are currently no specific provisions in the Bill regarding the environmental impacts of spaceports and spaceflight activities on local communities, particularly in relation to noise and emissions. However, Clause 2 requires the regulator to take into account the environmental objectives set by the Government. I know that some noble Lords have raised concerns that future objectives cannot be predicted—indeed, the noble Lord, Lord Rosser, raised that again today—but the inclusion of that requirement was intended to promote environmental protection, as the regulator will have to take account of existing guidance, such as Defra’s air quality plan.

As noble Lords will be aware, there already exists a comprehensive body of environmental and planning legislation that spaceports and spaceflight operators will need to comply with independently of the requirements under the Bill. For example, an environmental impact assessment may be required for airport-related development under Schedule 2 to the environmental impact assessment regulations where it is,

“likely to have significant effects on the environment by virtue of factors such as its nature, size or location”.

In such cases, the local planning authority will be obliged to scrutinise the environmental impact, taking into account the concerns of local communities such as the noble Baroness, Lady Randerson, has just raised. An environmental assessment will be required as part of any airspace changes.

However, there might be circumstances where a particular activity could be carried out without the need for an environmental impact assessment under planning and airspace rules. The purpose of Amendment 9 is to put on the face of the Bill a licence condition that the regulator could impose—for example, where an environmental impact or other assessment has not already been undertaken.

I appreciate that this amendment does not impose a mandatory requirement for the spaceport or spaceflight operator to make an environmental assessment; nor does it require the regulator to take into account environmental and local impacts, as Amendment 2 seeks to do. However, it makes very clear the Government’s intention that some form of assessment of noise and emissions should take place, and it does this without creating requirements in the Bill that may duplicate existing requirements to carry out environmental assessments under other enactments.

I hope that I have reassured noble Lords of the Government’s intention of ensuring that environmental impacts are assessed, either as part of the planning process or as a condition of a licence under the Bill. However, I am aware that your Lordships do not think that this goes far enough, as they have made clear today—the noble Baroness, Lady Randerson, made a very fair point about roads and road access. Therefore, I assure the House that the Government are considering introducing in the other place a further amendment that will require spaceport and spaceflight applicants to submit a noise and emissions assessment, and that regulators take this into account when deciding the licence application. I therefore ask the noble Lord to withdraw his amendment.

--- Later in debate ---

[Baroness Sugg]

My Lords, I thank the noble Baroness, Lady Randerson, for her comments on Clause 15 and the role of the CAA. As we know, the aviation sector is facing many challenges at the moment, particularly with the introduction of new technologies such as drones and spaceflight, but I can reassure noble Lords that the CAA is in strong position to deal with those challenges.

As the noble Baroness has told us, the chief executive of the CAA has written to her confirming this and, as he explained in the letter, the CAA already has already established a dedicated space team. That team started in 2012 and since then has grown in size and experience, and has worked closely to develop the Space Industry Bill. The team is building on its aviation expertise in areas such as airports and airspace to develop the capability to regulate spaceports and suborbital activities.

The noble Baroness asked what international conversations the CAA might have had. It has established good working relationships with other countries. The UK Space Agency has been building on its relationship with the United States Federal Aviation Administration, drawing on the United States’ vast experience in overseeing flight operations.

The department provides sufficient resource to ensure sufficient delivery in this area. The moneys will vary depending on the nature of the work at different times— for example, on air space consideration or international comparisons—so I am not able to give a figure today. The noble Baroness asked about funding. The Civil Aviation Authority will eventually be able to recover its costs directly from industry. Until that point, the Department for Transport will continue to provide funding.

We are confident that the CAA will have the necessary resources and the appropriate expertise to regulate the new sector. I hope that the letter and my words give the noble Baroness the necessary reassurance regarding the capacity of the CAA to regulate the activities alongside its existing aviation functions. I ask the noble Baroness to withdraw Amendment 11.

[Baroness Randerson]

My Lords, on the basis that the CAA appears to be satisfied with its situation, I will, of course, not pursue this any further at this stage, but I would be grateful if the Minister looked again at the very specific questions I asked and, one way or another, passed those small details to me. I am interested in understanding a little better the process that will be involved. With that, I am happy to withdraw the amendment.

Space Industry Bill [HL]

Debate between Baroness Sugg and Baroness Randerson

Committee: 3rd sitting (Hansard): House of Lords
Monday 23rd October 2017 Lords Chamber

[Baroness Sugg (Con)]

My Lords, Amendment 43 raises the important matter of consulting the devolved Administrations of Scotland, Wales and Northern Ireland during the development of the Bill. As the noble Baroness, Lady Randerson, mentioned, we discussed this last week in Committee. As my noble friend Lord Callanan said, the devolved Administrations have confirmed with us that they are content with the provisions of the Bill as drafted and that no legislative consent Motion is required.

Last week, the noble Baroness, Lady Randerson, raised the Bus Services Act 2017. I should like to say a few words about that comparison. Section 17 of that Act inserts new provisions into the Equality Act 2010, including powers to make regulations for the purposes of facilitating travel for disabled persons and for exempting certain vehicles from those regulations. The new sections in the Act require that the Secretary of State must consult Welsh and Scottish Ministers. In this case, we believe that is appropriate, although not strictly necessary, because the new regulation-making power was at the intersection of devolved and reserved matters. The operation of bus services is a devolved matter but equal opportunities is reserved in Scotland and Wales. Therefore, the Equality Act extends to the whole of Great Britain and so do the inserted provisions.

We believe Clause 66 should be treated differently as the whole subject matter of the Bill is reserved. Although some consequential changes to existing legislation required as a result of the Bill have been identified and made under Schedule 12, further changes may be needed, especially in an evolving technology market. As such, the power to make further changes through secondary legislation is necessary to ensure the UK has an effective enabling legislative framework for spaceflight activities.

Since the subject matter of the Bill is reserved, any consequential amendments made to legislation of the devolved legislatures under the Clause 66 power could only be consequential on a reserved matter. This means that any amendments to devolved legislation that could be made under this power would not require the consent of the devolved legislature if they were made by UK primary legislation. If included in Schedule 12, for example, they would not necessitate a legislative consent Motion. It would therefore be inconsistent to require the consent of the devolved legislature just because such amendments are made in regulations instead of in primary legislation.

As we have said, we have consulted extensively with the devolved Administrations on the Bill and I can assure noble Lords that we would consult the devolved Administrations on any consequential amendments that amend, repeal or revoke their legislation both at the policy development stage and on draft regulations themselves. This is in line with long-standing government policy set out in Devolution Guidance Notes 8, 9 and 10. We have heard the arguments from the noble Baroness and from all sides of the House and we will reflect on them. I therefore ask the noble Baroness to withdraw the amendment.

[Baroness Randerson]

I thank the Minister for her comments. I am grateful for the support across the House for this amendment. We have two forces at work in this clause. One is the Government’s tendency to seize as much power for themselves as possible—that is not unusual in Governments—but it is fatally linked with the desire of the Government to pad out their legislative programme with a series of apparently uncontroversial good ideas. The Bill has support across the House, but we are filling in time before the Brexit blunderbuss arrives. It worries me that we have not been able to see the regulations so we cannot see what the Minister is talking about and it is difficult to imagine exactly how that situation could apply in practice.

Nevertheless, I draw the Government’s attention to the Constitution Committee’s comments. I might be misreading the Bill but I very much doubt that the Constitution Committee could possibly be misreading the Bill, and if it is worried about it, there are serious grounds to be worried about it. The fact that the devolved Governments have not yet drawn attention to it does not necessarily mean that it will not cause a problem in the end. I have tried to explain that planning issues will be at the crux of the matter. It is simply not good enough to rely on the Sewel convention in this. In fact, this undermines the Sewel convention, which states that the Government will not normally legislate on behalf of the devolved Administrations.

When we have discussed in the past what “normally” means, people have imagined that there might be a state of national emergency, where there might be a need for haste that would involve instant legislation. However, this is not the kind of thing that you would think would be an exception to “normally”. I will take this away and read the record in Hansard, but I very much hope that the Government will take this away and look at it carefully. What would the harm be in including the usual provision about consulting the devolved Governments and legislatures? I see no harm in it. We are not going to be setting up spaceports as a matter of urgent emergency—it is something that will take months and years. There would be no delay involved in consulting them, and there is a great deal of good will to be had in committing to consult them. Having said that, I am happy to withdraw the amendment.