Air Traffic Management and Unmanned Aircraft Bill [HL]

Baroness Vere of Norbiton Excerpts

2nd reading & 2nd reading (Hansard): House of Lords & 2nd reading (Hansard)
Monday 27th January 2020 Lords Chamber

Moved by

[Baroness Vere of Norbiton]

That the Bill be read a second time.

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

My Lords, aviation has long been at the heart of the United Kingdom’s economic success. This is an industry that contributes at least £22 billion to the UK economy, along with over 230,000 jobs, and it is growing to meet rising demand. Passenger numbers have increased for seven consecutive years, and it is estimated that UK passenger traffic could increase from 292 million passengers in 2018 to 435 million by 2050. A thriving aviation sector brings more visitors to the UK, as well as increased trade and business investment. Our regional airports and the connections, jobs and investment they provide spread these benefits across the country.

Airspace is key, but it is a largely invisible component of the aviation sector. UK airspace is the gateway between Europe and North America, the world’s busiest intercontinental air corridor. Its efficient operation is crucial for managing international air traffic across the Atlantic. It is also some of the most complex airspace in the world, and it has not undergone significant change since the 1950s. It is now struggling to keep pace with the growing demand for aviation and to take advantage of the capability of today’s modern aircraft.

More and more traffic is being squeezed into the same congested areas of airspace. This leads to inefficient flight paths, an increase in carbon emissions, significant passenger delays and poor resilience to disruption, caused by either bad weather or technical difficulties. Without change, the situation will deteriorate further in the coming years. The skies over the UK will continue to get busier as the aviation industry expands and incorporates new types of airspace users such as unmanned aircraft and commercial spaceflight.

The DfT published the strategic case for airspace modernisation in February 2017. It estimated that by 2030 one in three flights arriving or leaving an airport is likely to be delayed by an average of 30 minutes. That is 72 times higher than in 2015 and would be very damaging for passengers, businesses, the economy, communities and the environment.

Our airspace is also increasingly being used by unmanned aircraft, often referred to as drones. There are exciting benefits to society of embracing unmanned aircraft technology. Our police, fire, and search and rescue services all regularly use unmanned aircraft in emergency situations to help save lives. They are also being used to inspect and maintain important national infrastructure, reducing the risk of accidents and driving productivity and efficiency.

Unmanned aircraft technology is expected to bring significant benefits to the UK’s economy in the coming years. However, the careless, inconsiderate and malicious use of drones and other unmanned aircraft poses a safety risk to others. The number of incidents of manned aircraft encountering unmanned aircraft increased from just six in 2014 to 126 in 2018. To maintain the UK’s position as a world leader in aviation, we must: ensure that regulations support sustainable growth; make journeys quicker, quieter and cleaner; and ensure that new technologies such as unmanned aircraft are used safely.

That is why the Government have introduced the Air Traffic Management and Unmanned Aircraft Bill, which is set out in three parts. The first modernises our airspace, making journeys quicker, quieter and cleaner; the second modernises the UK’s air traffic services, ensuring that aircraft can move safely and efficiently through our skies; the third improves public safety, through greater police enforcement powers to ensure safe and lawful use of unmanned aircraft.

I will now provide more detail on each of the three parts of the Bill, beginning with Part 1: airspace change proposals. For those who may be less familiar with the concept of airspace, it is the volume of space above ground level, basically extending as far as an aircraft can fly. An airspace change proposal relates to changes to managed airspace and the flight procedures and air traffic control procedures used within it. A programme of airspace modernisation is already under way to redesign the UK’s flightpaths to deliver quicker, quieter and cleaner journeys, and more capacity for the benefit of those who use and are affected by UK airspace. It is being delivered by the aviation industry, and is co-sponsored by the independent regulator, the Civil Aviation Authority—the CAA—and the Government.

The UK’s airspace is highly interdependent, particularly over the south-east region. For airspace change to take place, airports and NATS—formerly National Air Traffic Services—have to work together to take into account the needs of neighbouring airports, as well as their own. If one airport pulls out of the programme, that could delay the whole modernisation programme, which in itself is a very complex undertaking. Should this situation occur, neither the Government nor the CAA currently has the powers to guarantee that airspace change is taken forward.

The Government are working closely with the industry to encourage voluntary participation. However, if an airport is unwilling to participate voluntarily, the new powers in the Bill will enable the Secretary of State to compel airports to bring forward airspace change proposals, ultimately ensuring that the aviation modernisation programme is delivered. This includes airspace changes that direct airports to release underused controlled airspace so that general aviation users can better access it.

On Part 2 of the Bill, air traffic services, it has been 18 years since the establishment of an economic regulatory regime for the provision of en-route air traffic control services. These services are provided by NATS (En Route) plc, helpfully referred to as NERL, which is regulated by the CAA. During those 18 years, the technological and economic landscape of air traffic services has changed rapidly. This has led to growing pressure to improve efficiency and resilience.

The current process for modifying the en-route air traffic services licence is inefficient and impractical. The CAA can make changes to a licence only with the consent of NERL, which is the licence holder, or via a determination by the Competition and Markets Authority—the CMA. This means that important changes to the licence could be delayed or may fail to be implemented at all. The licensing framework needs to be modernised to ensure that it remains fit for purpose, continues to build on the UK’s excellent safety record, satisfies demand, and continues to be resilient.

The provisions in the Bill will allow the CAA to take a more direct and independent approach, and make the licence changes it considers necessary to protect consumers and respond to changes in air traffic services over time. However, it is important to note that the licence holder—currently NERL—will still retain the right to appeal to the CMA against any changes if it so wishes.

The Bill also updates the enforcement and penalties regime to ensure that the CAA can effectively regulate NERL in the interests of users and consumers. This includes the introduction of more proportionate sanctions, bringing the regulatory regime into line with other modern regulatory systems. I draw the attention of your Lordships’ House to some minor technical government amendments concerning paragraphs 11, 12 and 13 of new Schedule B1 to the Transport Act 2000, which is contained in Schedule 5 to the Bill. These are purely technical amendments, but they aid the CAA’s ability effectively to manage NERL’s licence through the use of penalties.

On Part 3 of the Bill, unmanned aircraft—often known as drones—advances in technology have resulted in unmanned aircraft becoming increasingly available, capable, and easy to use. This has led to an increase in use for commercial purposes and has given a wider range of leisure users and hobbyists greater enjoyment. We are already starting to see the benefits of the commercial use of unmanned aircraft in areas such as surveying and search and rescue. As the technology continues to evolve, unmanned aircraft will be able to fly faster, for longer and at higher altitudes, unlocking the potential for new types of operation.

However, as this technology develops, so do the risks. Careless and inconsiderate users can cause a nuisance and pose a safety risk to others. There are also those who would deliberately use unmanned aircraft for criminal acts, whether to facilitate organised crime, disrupt our national infrastructure or, in extreme cases, commit acts of terrorism.

The drone incursions at Gatwick Airport in December 2018 resulted in major disruption, flight cancellations and significant economic damage, highlighting how significant the impact of malicious drone use can be. But this new legislation is not just about keeping our airports safe. The provisions in the Bill will help protect our prisons, civil nuclear sites and other critical infrastructure, which are vulnerable to the malicious use of unmanned aircraft. Drones are being used to smuggle drugs, weapons, mobile phones and tobacco into prisons. In 2018, there were 168 incidents of drones being used to smuggle items into prison. This places prisoners and prison staff at risk and undermines rehabilitation. In addition, between January 2017 and September 2019, eight civil nuclear sites across the UK reported 22 separate incidents involving drones.

The Government are committed to harnessing the positive impacts of unmanned aircraft and supporting the industry to grow, but this must be done in a way that protects the safety and security of people, other aircraft and sensitive sites. I want to be clear that these risks to safety and security apply to all unmanned aircraft, be they drones, model aircraft or other types of unmanned aircraft, which might become more widely used in the future.

The Government recognise that the majority of unmanned aircraft users already fly responsibly and within the law, and I am acutely aware of, and support, the strong safety culture fostered by the majority of model aircraft flyers and clubs. However, there have been instances of model aircraft being flown illegally. For example, in January 2019, just one month after the Gatwick incursion, a model flyer was convicted of flying a small unmanned aircraft without permission within the flight restriction zone around Heathrow Airport. It is essential that the regulatory framework in the UK reflects the reality of the risk posed by all users of unmanned aircraft.

As the misuse of unmanned aircraft has increased, challenges have emerged in pursuing effective enforcement and investigation. Work with the National Police Chiefs’ Council, Police Scotland and the Police Service of Northern Ireland has established that there are gaps in the powers available for police officers to investigate and prosecute those suspected of breaking the law.

For instance, there is no existing power that permits a constable to require a person to ground an unmanned aircraft, to stop and search a person, or to enter and search premises under warrant, if a constable believes that a relevant offence involving an unmanned aircraft is about to be, is in the process of being or has been committed. Take the following example: a remote pilot is suspected of breaching the Air Navigation Order by flying in a congested area. However, the police are unable to catch the drone pilot in the act. By the time the police officer arrives at the scene, the drone pilot has already put his drone away in the car. The police constable has no powers to search the car to find the drone and therefore no action can be taken.

The provisions in the Bill will address these operational gaps. The police will be given the necessary powers to require an unmanned aircraft to be grounded, to stop and search persons and to enter and search premises under warrant. They will also be given powers to: require a person to produce documentation or evidence of the permissions or exemptions required under the ANO 2016, such as permission to fly in the flight-restricted zone of a protected aerodrome; require a person to produce evidence of remote pilot competency and operator registration, which became a legal requirement for those wishing to fly small unmanned aircraft on 30 November 2019; and issue a fixed penalty notice for less serious unmanned aircraft-related offences. The Bill will also enable interference with property or wireless telegraphy in order to prevent or detect certain offences involving the unlawful use of unmanned aircraft.

The Government are determined to ensure that unmanned aircraft are used safely and securely, and to provide the right platform to harness the wide-ranging opportunities and benefits they can bring. It is not our intention to make it difficult to realise the potential of this technology, and for those who operate an aircraft responsibly and safely, they should not be an impediment. In fact, those who follow the rules have much to gain from the creation of safer and more secure conditions for all unmanned aircraft operations.

The Bill is critical for ensuring the efficient management and safe use of our skies. It will enable the UK to maintain its position as a world leader in aviation, ensuring that the legal framework keeps pace with new technology and supports sustainable growth in the aviation sector. I beg to move.

--- Later in debate ---

[Baroness Vere of Norbiton]

My Lords, I thank all noble Lords who have participated in today’s wide-ranging debate. The Government will respond to all the questions raised—unfortunately, probably not all today, but I will endeavour to get a communal letter out to all noble Lords who have participated so that, in advance of Committee, we have provided the correct information. The quality of contributions has been significant, and I will try to rattle through as many of the issues raised as I possibly can.

The noble Lord, Lord Tunnicliffe, my noble friend Lord Naseby and other contributors wondered whether the Government have been too complacent about drones and whether the timetable was sufficient to get the legislation to your Lordships’ House. There has of course been an election, and various other hiatuses in the progression of legislation through Parliament. However, that relates only to this Bill, and the Government have been absolutely on top of making sure that appropriate changes have been made to the Air Navigation Order 2016 and to previous air navigation orders. Legislatively, the Aviation and Maritime Security Act has been in place for many years, so regulations have been in place. The Bill before your Lordships’ House today gives the police powers to enforce regulations that have been in place for some time.

If that were not enough, we now have more regulation coming from the EU in the form of a delegated Act and an implementing Act. The delegated Act deals with product specifications for drones and the implementing Act deals with drone registration and operator elements, such as we in this country have already put in place. I therefore believe that the regulatory framework is there for us to use. Now, as a Government, we need to make sure that the police have ability to take that forward.

A number of noble Lords noted that the police powers were originally consulted on in a Home Office consultation that came out and was completed before the Gatwick incident. I reassure noble Lords that we have of course been in touch with members of the police force around Gatwick and, indeed, all over the country to make sure they are content with the powers in the Bill. We believe that they are. We have a close relationship with them, so they have been involved since Gatwick in making sure these powers are appropriate. Of course, we still meet with the police and other stakeholders to discuss these matters in general.

Stop and search was noted by some as being in the previous Home Office consultation. Not only have we been discussing this with the police; a cross-government working group also looked at stop and search powers. It is also worth noting that the cross-government working group agreed that the focus of the powers should not only be directed towards aviation and airports but be applicable to other areas such as prisons, which should lead to greater security. Of course, the world of drones and airspace change never stops, so we will continue to review the legislation to ensure it remains fit for purpose, particularly for drones. However, we cannot delay any longer and I believe that the Bill is a good way to take this forward.

There are important elements of the product standards that came in with the EU regulations on 1 July, for which there is a three-year transition period. They are electronic conspicuity, meaning that each drone will be discoverable and identifiable, which will help as unified traffic management progresses; and geo-awareness, which is already in legislation and therefore does not need to be added to the Bill.

A number of noble Lords have talked about the important issue of aviation and the environment. It is all very well talking about quicker, quieter and cleaner journeys, but not if the latter is not the case. If we can sort out our airspace, we believe that fuel burn from aircraft will be reduced by 20%. That is already a 20% reduction in carbon. More broadly, aviation needs to play its part in the UK reaching its net-zero target. We are carefully considering the recent aviation advice from the Committee on Climate Change, and we will shortly publish for consultation our position on aviation and net zero. That builds on the work we did with the aviation strategy 2050: we consulted and gained an enormous amount of feedback on what we should be doing with our aviation sector. We will take that forward.

It is not just carbon that is important; it is also about air quality. The industry is looking at reducing airport-related emissions, given that airborne emissions account for a very small percentage point of air quality concerns.

The noble Lord, Lord McNally, and my noble friend Lord Davies of Gower mentioned noise, an incredibly important and much-underappreciated element of the airspace modernisation programme. Modern aircraft can take off and land using much steeper angles of departure and arrival, so we can reduce the overall amount of noise experienced by householders. Airports are also beginning to use performance-based navigation, which means there are ways to direct planes to at least give respite to certain communities during the day. The Government take noise very seriously. We set up ICCAN at the beginning of last year to look more carefully at what we must do about airport noise and its impact on communities.

Turning to the Bill itself, the noble Lord, Lord Rosser, mentioned the number of delegated powers in it. I agree with him: when I saw it, it fair took my breath away. However, I have been through each of those powers with a fine-toothed comb and I am convinced that this is the most effective way to provide these powers. I say to all noble Lords who are interested in the delegated powers that, following the Government’s report, the DPRRC did not have any issues to raise with the House after reviewing those powers. I would be very happy to set up a specific briefing: the Bill puts new schedules into other Acts—for example, the Transport Act 2000—so the entire framework is a little complicated. I am convinced that even the Henry VIII powers have a rightful place in the Bill, but I am very happy to help wherever I can.

With reference to the devolved Administrations, the section of the Bill relating to activities around prisons is a devolved matter in Scotland and Northern Ireland. My department has written to both nations and the officials are currently liaising with their counterparts regarding the next stage of the process. We will continue to work very closely with them.

Turning to airspace change, mentioned at length by my noble friends Lord Goschen and Lord Naseby, and the noble Lord, Lord Tunnicliffe, this is a complicated area. I will commit here and now that I am very happy to organise a briefing on airspace in general, to provide the context required to properly understand the powers that are being asked of your Lordships’ House throughout the passage of this Bill.

The noble Lord, Lord Tunnicliffe, asked whether airspace change was nationally controlled. It is nationally mandated and nationally organised. The point about airspace change is that there are many layers, a little like an onion. Various people will be involved at various stages, but it is critical that given the change to the structure of CAP1616—the CAA’s process for airspace change—the amount of consultation and the number of stakeholders that are consulted within airspace change proposals has increased. I reassure the noble and gallant Lord, Lord Craig of Radley, that the military is at the heart of that. We have commercial aircraft, civil aircraft, military aircraft and general aviation, and local communities also have a significant part to play in responding. When I was—for at least five minutes last year—Aviation Minister, I chaired the Airspace Strategy Board. That was always a pleasure, because it brings together at a ministerial level civil aviation, general aviation, the military, the airports and the airlines. It is a good forum for discussing airspace change and how to make it as effective as possible. I reassure noble Lords that there is an over- arching control at the top in terms of getting people’s feedback in.

[Baroness Randerson (LD)]

I thank the Minister for her detailed explanation. In preparation for this debate, which I have not spoken in, I asked the CAA about the control of airspace. I concur with the Minister that it is complicated. However, the appeal process for an aerodrome—as the Bill puts it—that wants to appeal against the CAA’s decision, goes to the Competition and Markets Authority. I am interested to know how the Government alighted upon the CMA as the appropriate body for appeals.

[Baroness Vere of Norbiton]

I thank the noble Baroness for her question. I shall have to write to her because it involves a level of detail into which I cannot go today.

I will skip over organisations such as ACOG, which has been set up by the CAA and will co-ordinate the airspace changes master plan. Again, I propose that my team produces a short two-page briefing and then we can have a verbal briefing thereafter.

My noble friend Lord Davies of Gower referred to the airspace changes and the process that the CAA uses. I have mentioned CAP1616, which was updated by the CAA in 2018 and is not due for change just yet. However, the point is that no airspace changes proposals have completed CAP1616 yet because it takes two to three years and involves seven stages and multiple consultations. It is very thorough.

The noble and gallant Lord, Lord Craig of Radley, mentioned specifically that the MoD needs access to airspace to train pilots. Of course it does, to maintain the competency of the UK’s defence needs. The MoD acts as an airspace change sponsor and therefore is responsible for the airspace around its own bases.

My noble friends Lord Goschen and Lord Kirkhope both mentioned general aviation and the reclassification of airspace. The Secretary of State has directed the CAA to develop and publish a national policy for the classification of UK airspace and to keep classification under regular review. The CAA has launched a consultation to identify volumes of controlled airspace in which the classification could be amended to better reflect the needs of all airspace users. This consultation closes on 3 March and the CAA will then shortlist volumes of airspace for potential amendments. Overall, the CAA has a responsibility to minimise the amount of controlled airspace.

The cost of airspace change is also important. It can vary from a few hundred thousand pounds to up to £5 million for some of the largest airports. The Government recognise that there may be occasions when a small airport requires financial assistance to carry out some aspects of airspace change, particularly if this results in airspace change in other airports and involves reaching an agreement about how it will all fit together.

The noble Lord, Lord McNally, mentioned artificial intelligence. This is not currently used in air traffic control or to fly an aircraft but it is recognised that there may be potential in artificial intelligence, particularly around aircraft safety and to reduce air traffic delays, but at the moment it is not a feature of the system.

On the third part of the Bill—“Unmanned Aircraft” —and the clause on general police powers, noble Lords will recognise that drones can be used positively. This is important and the Government are doing all they can to support the drone industry. My noble friend Lord Naseby referred to the weight limit within the drone sector and its applicability in relation to the Bill. Schedule 8—“General police powers and prison powers relating to unmanned aircraft”—does not have an upper weight limit and therefore goes above the 20 kilogram limit that usually applies to certain things, and it gives powers to a constable to ground an aircraft to stop and search, and so on. Schedule 9 gives the police powers relating specifically to the requirements in ANO 2016 and is applicable to unmanned aircraft up to 20 kilograms. The proposals relating to registration, competence and so on do not apply to unmanned aircraft of less than 250 grams.

The noble Lord, Lord Whitty, valiantly almost completed his speech. At the start of it he mentioned the EU Select Committee report in 2015. It is an important report and many of its recommendations have been implemented or are currently in the process of being implemented. The UK launched its registration and competency testing scheme for drones in November last year. To many people’s surprise, the number of people who have registered with the system is higher than forecast, and I am delighted that it is doing well. More than 80,000 people have registered with the system to date and more people sign up every day.

The noble Lord, Lord McNally, mentioned that he will probably table amendments to tighten and extend the regulation of drones. The purpose of the Bill is to improve public safety through the police enforcement powers. That is the focus of the Bill; therefore, it is probably not the correct vehicle for further unmanned aircraft regulation, but the EU regulations are already in law and they will be developing our legislation. We will continue to consider whether the regulations in the Air Navigation Order are fit for purpose.

My noble friend Lord Naseby mentioned fixed penalty notices. I would be very happy to discuss this in more detail outside the Chamber. Our intention is that fixed penalty notices will be given only in relation to the most minor offences where certain conditions listed in the Bill are met. These include that no other aircraft was endangered and that no other person was harmed, harassed, alarmed or distressed. The first regulation that we put down will specify exactly what will be subject to a fixed penalty notice. It will be an affirmative regulation and will therefore be debated in your Lordships’ House.

A question was asked about whether stop-and-search demographics will be available for those subject to a stop and search under these powers. Yes, they will be published by the Home Office in the usual way.

Police training and guidance are critical. Guidance is being drafted at the moment with the assistance of the police. It will be given to the College of Policing as well as to individual police forces. Noble Lords will be aware that the UK Counter-Unmanned Aircraft Strategy was published in October 2019. A specific unit is being set up—the new national police counter-drones unit—which will be critical in advising police forces how and when to utilise the powers. These are the specialists mentioned by the noble Lord, Lord Bradshaw.

I am well aware that I am running out of time. I have committed to write, and I will. I want to finish on counter-UAV technology because it is important and something that some noble Lords might imagine would be in the Bill. The issue is that counter-UAV technology is under development. There are two types. The first is to detect, track and identify. It tries to find the drone so that the police know where it is. At the moment, systems are being tested by the CPNI and a list of approved systems is being published, but these systems are a work in progress.

[Lord Campbell-Savours]

On confiscation, will the Minister discuss it with her officials so that we are informed prior to Committee?

--- Later in debate ---

[Baroness Vere of Norbiton]

I thank the noble Lord for his intervention. I was going to get to that, but if he does not mind I will ensure that there is a full discussion of the point he raised when I write, and it will be soon.

The second is effector technology: how do you take the drones out of the sky? That is where the destruction of property and the wireless telegraphy powers in the Bill are critical. When we have effector technology that works we will need these powers to enable the drones to be taken out of the sky to prevent them doing harm.

I thank all noble Lords who have taken the time to speak in today’s debate. I am looking forward to Committee and to being able to share more information with noble Lords shortly.

Bill read a second time and committed to a Committee of the Whole House.

High Speed 2 (Economic Affairs Committee Report)

Baroness Vere of Norbiton Excerpts

Thursday 23rd January 2020 Lords Chamber

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

My Lords, what an excellent debate. I thank all noble Lords for their thoughtful contributions and give special thanks to my noble friend Lord Forsyth, who I understand is not feeling too well—I wish him all the best in his recovery—and his committee for their thorough and detailed report.

As many noble Lords have pointed out, HS2 is a very significant investment. If it proceeds, it will probably be the largest infrastructure project in Europe. There are pros, cons and a multitude of other considerations. Many noble Lords have cited the advantages and benefits of the project. It will unlock much-needed rail capacity, particularly for commuters as trains shift from the express lines and free up commuter capacity. It will improve connectivity between big cities and locally, as I will come on to. It will support housing growth and provide 30,000 jobs and 2,000 apprenticeships. But I was heartened to hear many noble Lords today focus on the skills side of these projects. It is essential that we continue to revitalise and regenerate our workforce, and these sorts of skills will be absolutely essential as we move forward.

Other noble Lords have voiced their concerns. It is a substantial investment; we need to make sure that the returns justify the financial commitment. What are the forecast costs? They have been subject to intense scrutiny and revision. Construction of HS2 will affect many home owners and landowners all along the route for many years and, despite significant planned mitigation, it will inevitably have an impact on habitats and woodland along the route.

The decision of whether and how to proceed with HS2 is not an easy one, but it must be made. Unfortunately, the noble Baroness, Lady Randerson, will be disappointed to hear that I am not going to make it today. I would love to. Noble Lords have made powerful arguments on both sides of the debate and now the Government will decide: does the project go ahead or does it not? If it does, should there be changes to the existing plan? That is why the debate today on my noble friend’s report is particularly timely.

We will make the decision in February. In doing so, the Government will consider the independent advice, commissioned in August last year, provided by Doug Oakervee and his panel. The department received the draft report before Christmas, and we will publish the full report. The Government will also consider reports such as the one that is being debated today, and the personal views of the noble Lord, Lord Berkeley, alongside other voices from the independent panel, such as the Mayor of the West Midlands, Andy Street.

The Economic Affairs Committee’s report offers a detailed analysis of the project and highlights some opportunities for rethinking HS2. It has been pointed out that there are opportunities for rethinking major projects, and they must not be dismissed. The report is based on evidence from a considerable number of experienced witnesses, and it makes clear recommendations to the Government. I will try to focus on some of the issues that it raises.

The first issue I will turn to is Northern Powerhouse Rail, which is a really long title so I will call it NPR, and rail investment in the north. This has been noted of course by my noble friend Lord Forsyth, but also by many other contributors. The report reiterates the importance of NPR and the Government wholeheartedly agree. Indeed, we committed to it in our manifesto. We have also been clear—indeed, the noble Lord, Lord Faulkner, quoted me—that it is not a case of either/or when it comes to HS2 and NPR. There are many advantages to the connectivity offered by both.

We agree that there is an urgent need for rail investment to improve connectivity, journey times and frequency between northern towns and cities. In summer 2019 it was agreed that the first stage of NPR would be a new line between Leeds and Manchester. The Government are now working at pace with Transport for the North—TfN—on the detailed next steps that we need to get done. We will announce them in partnership with TfN in due course. NPR is of course in addition to the Great North Rail Project, which is already under way, and increasing the network’s capacity and supporting additional services.

I have heard quite frequently today noble Lords saying, “Hurry up. Get it done. Why can’t you just get it done?” I would have said exactly the same thing had I not become a Transport Minister. Many noble Lords know as well as I do that designing, planning, constructing, consulting and surveying for a railway takes a very long time. To a certain extent, construction is the easy bit; it is the bit that can be done towards the end. That is certainly the case with roads, where the road will take seven or eight years, but you can build it in about 18 months. It is everything that goes before it that takes the time.

I wish we could hurry up through this, but I do not think that the noble Baroness, Lady Bennett, would be happy, because we would be rushing our environmental surveys, and that would be no good at all. We would not be talking to local stakeholders, and that would be no good at all. So we have to go through the process. NPR, much as many of us would wish that it was not, is at a very early stage in the process. It is currently no more than a Sharpie line on a map. We have to move it forward and we are working at pace to do so, but I am not going to lie; it will be quite some time before the first customers can board an NPR train.

The committee suggested that construction of HS2 should begin in the north rather the south. The original rationale for beginning building in the south was one of capacity. The capacity constraints are currently most keenly felt on that stretch of line. I have been on that line quite a few times recently, and certainly the 8.05 to Birmingham is a little cramped. In fact, it is very cramped. We are now at a stage where the new capacity will not come online for quite some time. That is why we started in the south. Parliament has already provided the powers to build the railway between London and Birmingham—so, if this project is going ahead, we might as well crack on with that. The process for the northern sections of the current proposals is a little behind that of the southern section because the legislation, in the shape of a hybrid Bill, is not yet before your Lordships’ House or the other place.

Several noble Lords made comments about hybrid Bills. It is probably beyond the scope of today’s debate, but I would be happy to hear ideas on whether hybrid Bills are suitable ways to take projects such as this forward, and what alternatives we might consider in the future for major infrastructure projects. To change the phasing of HS2 might cause delay, and I am not sure that is a good idea. It could cause additional costs and leave quite a number of property owners in limbo.

Despite the report being thorough and detailed, there is one notable omission, as noted early in the debate by the noble Lord, Lord Hunt of Kings Heath; the Midlands have been forgotten and are not included. I am sure this was not intentional; the Midlands are incredibly important and benefit from HS2. We are also committed to progressing other investment in the Midlands, such as the Midlands rail hub, which will improve connectivity for passengers and freight, this time going east to west. East-west connectivity is essential, as was noted by the noble Baroness, Lady Randerson, and the hub will benefit places such as Leicester, Nottingham, Derby and Coventry.

That is not all. Noble Lords will have heard me say before that we are investing £48 billion in our existing rail network between now and 2024. We are looking at rail connectivity between Oxford and Cambridge, for example, and we have committed £500 million to restoring train lines and reopening stations, in a programme of so-called Beeching reversals which will help reconnect smaller towns, improving local economies and accessibility to jobs.

Several noble Lords made the point about upgrading the existing network to deliver some capacity release. Unfortunately, other noble Lords mentioned the enormous disruption that maintenance and enhancement of the existing network can lead to. Sometimes it is deemed worth while, but it is very difficult, and historically, particularly around HS2, we have looked to new builds rather than upgrading existing lines.

I turn to the analysis of the costs and benefits of HS2. The report is critical of the methodology supporting the HS2 cost-benefit analysis. I have listened very carefully to noble Lords. The Department for Transport is proud of the guidance that we use to model and appraise economic and strategic cases, which is widely respected internationally. We can hold our head high when talking about our skills in that area. However, we remain eager to test new appraisal methods. Again, I am happy to be pointed to any papers that noble Lords may have read recently on how the department could improve its appraisal system. Our benefits appraisal focuses on those benefits that can be easily and robustly monetised. The results must then go through the checking process, so the whole insurance process sits above the appraisal process. It is conservative, and some of the long-term benefits are not taken into account because they are very difficult to monetise. You are between a rock and a hard place; if you try to monetise them and are wrong, you will get into trouble, but also if you do not monetise them, you are going to get into trouble. However, I understand that we need to look at increasing the benefits that we try to monetise. More information will be published in due course. Should the project go ahead, I would expect a full business case to be published, which would contain quite a bit of other information.

Points were raised by the noble Lord, Lord Adonis, around the stop-start nature of infrastructure projects. I completely agree. As the Roads Minister, I am very pleased that we have long-term funding now. We can see where our infrastructure is going to go, particularly on our strategic road network. That means that we can plan more effectively. We are beginning to do that with rail as well. Certainly, having reviews that stop a project is sometimes not hugely helpful.

However, I want to comment on the benefit-cost ratio. It would be easy as a Transport Minister to ask for all projects to be sorted by benefit-cost ratio and just pick the top one. That would make my life really easy but of course, life does not work like that; other considerations need to be taken into account. Historically, as I am certainly finding, investment begets investment. You get greater benefits in higher productivity areas, so they will get more investment. Does that mean that you ignore the places with lower productivity? Of course not, but how do you make the decision about where you put that investment? It is not as simple as straight BCR. We recognise that and we take other considerations into account.

On the costs and the schedule for HS2, my right honourable friend the Transport Secretary, Grant Shapps, said that there is no future in obscuring the costs, benefits and timetable of HS2. As noble Lords will know, on the first day back in Parliament after the Summer Recess, he published the independent stock-take from the chairman of HS2. The chairman stated that he does not believe that the scheme can be delivered within the budget of £55.7 billion at 2015 prices; he estimated a range of £72 billion to £78 billion at 2015 prices. But he also said that the benefits had been substantially undervalued.

It is worth noting that all the figures I quoted are in 2015 prices and therefore compare apples with apples. Some in the HS2 commentating space do not follow that convention, which is sometimes not very helpful. But of course, they are not trying to be helpful. I tend to try to talk about things in consistent prices, so we know whether things are comparable. Regarding the schedule, the chairman said that, in line with other major transport infrastructure projects, he proposes a range of start dates rather than a specific one. He is looking at 2028 to 2031 for phase 1, and 2035 to 2040 for the section between Manchester and Leeds.

It is worth pausing for a moment to consider the quantum of the numbers being bandied around and the duration, and perhaps do some rough and ready maths. I know that at this point some noble Lords may say, “It is capital, not revenue”. I get that, but if we consider the highest cost and the longest construction period from the chairman’s stock-take—£78 billion over 20 years—that is an average investment of just under £4 billion a year, which equates to about half a percentage point of annual government spending.

So, where are we now? The Department for Transport has provided the latest estimates on costs, and the schedule, to the National Audit Office as part of its review. I understand that the NAO will publish a report tomorrow. The Secretary of State remains committed to transparency and will provide further information once the Government have concluded their decision-making process on whether and how to proceed with HS2.

A number of noble Lords mentioned cost savings and what we might do, and I will try to touch on a couple if time allows. Of course, we must control our costs, but we must also consider that sometimes, when a cost is reduced the benefit is reduced, and not all cost reductions are neutral. I very much appreciated the contributions from all noble Lords, but especially that of my noble friend Lord Howell—I will ensure that the HS2 Minister is aware of his advice—and of the noble Lord, Lord Mair, who spoke about using innovation in HS2 to reduce costs.

Many noble Lords mentioned reducing the operating speed of the scheme, and I agree that the emphasis on speed has been utterly misplaced. I have said before in your Lordships’ House that the project might benefit from a rebrand. Its name has detracted from wider intended benefits—capacity, connectivity, getting capacity out into the constrained network. We know that the west coast main line is almost closed to new peak-time train paths. Unfortunately, the west coast main line is currently operating at beyond its design capacity, and that leads to maintenance and reliability issues. If we are to reduce our carbon footprint, we must encourage modal shift; yet, if we do not have the capacity, we cannot do that. Therefore, it is right to question speed and it must not be done in isolation, without considering the disbenefits. We must also be aware that it could offer worse value for money. The debate on reducing the speed is not new. It is an area about which we have asked the Oakervee review to advise the Government.

Another area of challenge has been the number of trains per hour, mentioned by the noble Lords, Lord Hollick and Lord Berkeley. The project is being designed and built for a high frequency from the start, with track and station layouts that support this level of service. Other high-speed railways—for example, in France—now operate at a higher frequency than they were originally designed for, and the ability to increase their service levels further is being constrained by legacies of the original design. HS2 will have an advanced signalling system that allows trains to more safely travel closer together.

My noble friend Lord Forsyth mentioned the Old Oak Common terminus. I must be truthful in that, although I know where Euston station is, I had to google Old Oak Common. It is perfectly well located. It is a little far out from the centre of town—let us be honest—but it must be considered, along with the reduction of costs and whether there are any disbenefits in going there. Previous analyses have warned of the pressure on the Elizabeth line and the lack of resilience should the Elizabeth line be closed for whatever reason. Passenger modelling shows that a third of HS2 passengers would get out at Old Oak Common.

My noble friend Lady Neville-Rolfe mentioned the UK construction industry. It is absolutely critical and I agree with her. The UK construction industry has a reputation for being fragmented and prone to contractual dispute, and it also suffers from low productivity compared with Europe and other engineering sectors. Those are the two reasons why major infrastructure projects are traditionally more expensive in the UK than in Europe. We have to increase our productivity but we also have to retain the skills within the system.

I will write with answers to a few other questions but, in drawing to a close, I add a final thought which perhaps builds on the comment from the noble Lord, Lord Grocott. Thinking back nearly 200 years to the 1830s, our predecessors were here debating not one, two or three but four new major train lines. Over a period of nine years, four of the lines that form the vast part of our national railway today opened for traffic. I have no doubt that at that time there were challengers, critics and naysayers, but I doubt that they had any idea of the impact that their determination and courage would have on their children’s generation and many generations thereafter. So perhaps we build railways for our children and our children’s children. I, for one, am grateful to those Victorian pioneers for giving us the routes that we have today.

Flybe

Baroness Vere of Norbiton Excerpts

Tuesday 14th January 2020 Lords Chamber

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

My Lords, with the leave of the House, I shall now repeat in the form of a Statement the Answer to an Urgent Question given earlier today in the other place by my honourable friend the Parliamentary Under-Secretary of State for Transport. The Statement is as follows:

“Thank you, Mr Speaker. I thank my right honourable friend for raising this issue. I know she is a strong advocate for her own local airport.

Let me stress that Flybe remains a going concern. Flights continue as scheduled, and passengers should continue to go to the airport as usual. I must also emphasise that regional air carriers and airports are of vital importance to the Government, playing a key role in providing connectivity between communities, regions and nations across the United Kingdom.

The speculation surrounding Flybe relates to commercial matters. The Government do not comment on the financial affairs of, or speculation surrounding, private companies. We are working very hard, but there are limits commercially to what a Government can do to rescue any particular firm.

Be in no doubt, however, that we understand the important role Flybe plays in delivering connectivity across the whole of the United Kingdom. This Government are committed to ensuring the country has the regional connectivity that it needs. That is part of an agenda of uniting and levelling up across the whole country. We do not have good enough infrastructure in many areas, and people do not feel they have a chance to get to the opportunity areas with high-skill and high-paid jobs. That is what this Government are addressing now.

I hope the House will appreciate that I regret that I am not able to go into further detail at this stage, but I will update the House further when it is appropriate to do so.”

[Lord Tunnicliffe (Lab)]

My Lords, Flybe is an important regional airline which provides vital support to communities and regional economies across the UK. The airline operates more than half of the domestic flights outside London and is one of only a handful of airlines to offer flights to Northern Ireland, with 68% of passengers from Belfast City Airport travelling with Flybe.

We need to protect passengers, staff and critical routes. What engagement have the Government had with the unions Unite and BALPA? Will the Minister ensure that those unions are fully engaged in the process going forward?

The climate change committee has said that the UK is currently “way off track” in meeting its climate change targets. Cutting air passenger duty across the board is not the right way forward. What are the Government doing to protect critical routes in a more targeted way and that also promotes sustainability?

After the collapse of both Thomas Cook and Monarch, what lessons have the Government learned, moving forward, to support Flybe?

[Baroness Vere of Norbiton]

I thank the noble Lord, Lord Tunnicliffe, for his questions. He did a good job of outlining how important Flybe is to regional connectivity. The Government are aware of this, and I assure noble Lords that for certain routes public service obligations will be in place. These are put in place to make sure that regional connectivity continues. I can reassure noble Lords that there is a mechanism by which local authorities can select a new provider for seven months and then retender that particular route. However, I stress that Flybe continues to operate as normal and that passengers should arrive at the airport for their flights as planned

On air passenger duty, as with all taxes the Government keep it under review. On the issue of sustainability in the future, we are carefully considering the climate change advice we received recently. We will set a clear ambition for the aviation sector. We plan to update both Houses shortly on the Government’s position and we will have proposals for consultation.

[Baroness Randerson (LD)]

My Lords, there is clearly regrettable instability in the aviation industry at the moment and a new approach is required. Can the Minister tell us when we can expect the aviation insolvency Bill to come to this House, because it is obviously urgently required?

It is important to note that Flybe is of much greater significance than Monarch, for example, to our country because it is about much more than interrupted holidays. It provides that vital link with some of the most isolated and distant parts of the UK. The answer to the problem should not include a general reduction in APD. If the Government are to have any credibility on climate change issues, they should not go down that path. Will the Government commit to investigating the domestic routes involving Flybe to sort those which are genuinely socially necessary from those which are economically viable? Will they look at increasing subsidy to those socially necessary routes in isolated areas where there is no viable rail alternative? Where there is a railway, will the Government commit to reintroducing good reliable services to the most distant parts of this country?

[Baroness Vere of Norbiton]

The noble Baroness, Lady Randerson, has made some very helpful suggestions, should they ever be needed in due course, about looking at which domestic routes would benefit from support. I reiterate that this airline continues to operate as normal and therefore at the moment the Government have no plans to kick off that work.

On the airline insolvency review, it follows from the important work which was done for the department by Peter Bucks. He looked at airline insolvency. As I am sure the noble Baroness knows, it is incredibly complicated. When he published his report, he said that there is no silver bullet. The noble Baroness will also know that we announced legislation in this area in the Queen’s Speech, and I expect it to come to the House in due course.

[Baroness McIntosh of Pickering (Con)]

My Lords, I entirely endorse the commercial strictures that my noble friend set out, but will she take this opportunity to explain to the House the Government’s policy towards regional airlines so that they will have a vibrant future going forward and, in particular, the possibility of regional airlines delivering on public service obligations?

[Baroness Vere of Norbiton]

My Lords, my noble friend is quite right. I reiterate that regional connectivity is critical in aviation and across all modes. We will do whatever we can to ensure excellent regional connectivity going forward. Public service obligations can be incredibly important for social, medical and economic reasons. At the moment, we can add PSOs only on existing routes to London where they are in danger of being lost. However, we will look at all options for expanding the scope of our PSO policy in future.

[Lord Kilclooney (CB)]

My Lords, since Northern Ireland has no bridge or tunnel connections with the rest of the United Kingdom, and since some 90% of the flights from Belfast City Airport are by Flybe going to the regions of Scotland, Wales and England, will the Government take into account the future viability of Belfast City Airport as they consider Flybe?

[Baroness Vere of Norbiton]

I thank the noble Lord for his question. It is the case that, should Flybe at some point in future not be operating, there would be a significant impact on certain airports, and I know that Belfast is one of them. I believe there is already one PSO in operation in Belfast, but I will have to check and I will come back to the noble Lord if I am wrong on that. The Government will look at all routes. Regional connectivity is critical to us, so where we need new PSOs, we will put them in place.

[Baroness Jones of Moulsecoomb (GP)]

My Lords—

--- Later in debate ---

[Baroness Jones of Moulsecoomb]

My Lords, the Minister must know that aviation is the fastest-growing source of dangerous carbon emissions. If we are to get to net-zero by 2050, we will have to cut flying in some way. At the moment, aviation is subsidised by being exempt from a tax on its fuel. Will the Government consider lifting that exemption and imposing a tax that reflects the true cost of flying?

[Baroness Vere of Norbiton]

I am sure that the noble Baroness is well aware of the reason that aviation fuel has no tax on it. The International Civil Aviation Organization is absolutely critical in getting the global aviation industry to work as a whole in many areas, including counterterrorism and climate change. If we are to reduce carbon emissions, we will need the members of ICAO to work together to achieve it. Under the Chicago convention, which set up ICAO, no nation can put tax on aviation fuel.

[Lord Shipley (LD)]

My Lords, the Minister said that the Government would look at all the options. Perhaps I may suggest that they take a look at the landing charges at large airports for smaller commercial airlines. They might be subject to PSOs, but the overall issue of the cost base of small commercial airlines is particularly relevant.

[Baroness Vere of Norbiton]

The noble Lord makes a very important point, but of course landing charges are set on a commercial basis.

[Baroness Armstrong of Hill Top]

My Lords, regional connectivity is very important, and I am pleased that the Government keep repeating that phrase. However, if you come from the north-east, there is the threat of the Flybe difficulties; LNER is now telling people not to travel north on two weekends out of the next six because of engineering works and disruptions; and there is now real uncertainty over the future of HS2 because of the Government’s announcements post the election. Does the Minister understand that regional connectivity is absolutely critical to the survival of the manufacturing industries of places such as the north-east when so many other things are against them? All these issues coming together spell really bad news for the north-east.

[Baroness Vere of Norbiton]

This Government are absolutely aware of all the issues that the noble Baroness has raised. We are taking a new look at regional connectivity to make sure that we are able to get people to where they want to be across all modes. She mentioned that the train service is sometimes out of service at weekends. Of course, that disruption is simply a function of the amount of money that we are putting in for maintenance and for enhancements.

Hammersmith Bridge

Baroness Vere of Norbiton Excerpts

Tuesday 7th January 2020 Lords Chamber

[Lord Dubs]

To ask Her Majesty’s Government what support, if any, they are giving to the repair of Hammersmith Bridge.

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

My Lords, while transport in London is devolved and the maintenance of London’s roads is a matter for Transport for London and the London boroughs, we recognise the vital importance of this key river crossing for the people of London and will consider any proposals put forward by the London Borough of Hammersmith and Fulham in conjunction with TfL.

[Lord Dubs (Lab)]

My Lords, I am grateful for the Answer as far as it goes. Does the Minister agree that this will be an enormous financial burden either on the local authorities adjacent to the bridge or on Transport for London? Should not the Government’s infrastructure fund—the announcement of £600 million or so—be devoted, at least in part, to rebuilding the bridge? If not, it will stay unused, except by bicycles and pedestrians, for many years.

[Baroness Vere of Norbiton]

I agree with the noble Lord that Hammersmith and Fulham might not have the financial resources, or perhaps the skills, to repair the bridge on its own. As it is an asset that benefits a wider area in London, the responsibility perhaps lies more broadly, and I expect that TfL will take a role in driving the project forward. As I have mentioned, we have not yet received any request for funding from TfL, but we will of course consider it should it arise.

[Baroness Kramer (LD)]

My Lords, might I declare an interest in that I live only a few yards from the end of Hammersmith Bridge? During the election campaign, quite a number of Ministers, including the Secretary of State for Transport and Treasury Ministers, came and made little videos at the end of the bridge. I was the elderly-looking lady in a hat with grocery bags standing in front of them. They committed to full financing being immediately available with no questions. I hope that they will also follow through and provide financing for the temporary pedestrian and cycle bridge necessary to speed up the repair work.

[Baroness Vere of Norbiton]

My Lords, certainly not elderly, I am sure. I, too, made one of those videos—perhaps the noble Baroness did not see it. The key thing is that we said we would consider any proposals put to us. If the noble Baroness goes back to the videos, I think she will find that that was indeed the case. We will consider all proposals, but it will be up to TfL to put forward proposals according to its priorities. I remind the noble Baroness, however, that TfL has a budget of around £10 billion. Within that budget, the streets funding stream has operating costs of £500 million. There is also a pot for capital investment of £250 million.

[Lord Aberdare (CB)]

My Lords, I also declare an interest as a Barnes resident. Can the Minister give an assurance that it will always remain possible for pedestrians and bicycles to cross at Hammersmith while the bridge is being repaired, and that the new bridge will be designed with a long-term lifespan, rather than be yet another short-term fix for a few years?

[Baroness Vere of Norbiton]

The noble Lord is quite right. I understand that TfL and Hammersmith and Fulham both want to keep the bridge open to cyclists and pedestrians. I understand that there is a proposal to put some sort of temporary bridge alongside the existing structure, which will help active transport and other things like that. As for repairs for the future, the noble Lord is quite right. This bridge was built in 1887 for horses, carts and penny farthings, so it is clear that we need repairs that will last for decades to come.

[Lord Harries of Pentregarth (CB)]

My Lords, I am afraid I also have to declare an interest. Does the Minister think that there are lessons to be learned from this for the long term? It has been predicted for years that Hammersmith Bridge will require major repairs and funding. Why was a proper fund not built up with this kind of contingency in mind?

[Baroness Vere of Norbiton]

I believe that is indeed the case. That question might, therefore, be better directed at the Mayor of London, Sadiq Khan, who has responsibility for transport in London.

[Lord Foulkes of Cumnock (Lab Co-op)]

Does the Minister recall that, during the general election, Mr Boris Johnson pledged to consider building a bridge from Northern Ireland to Scotland, even though there are hundreds of tonnes of explosives in Beaufort’s Dyke, put there because it was supposedly a safe place? If the Government cannot keep Hammersmith Bridge open, how on earth are they going to manage to do that? Is this going to go ahead?

[Baroness Vere of Norbiton]

The noble Lord is quite right. We have indeed asked officials to look at various options for bridges which would strengthen our union, and I understand that there is some talk of a potential tunnel, now that tunnelling costs are cheaper than they used to be. Watch this space, but perhaps do not hold your breath.

[Baroness Tonge (Non-Afl)]

My Lords, is the Minister aware that in the same part of London there is something called the Chiswick flyover, which I believe was set up as a temporary bridge I do not know how many decades ago? Does she therefore share my concern at the talk of a temporary crossing at Hammersmith Bridge and wonder whether that will also be there in 50 years’ time?

[Baroness Vere of Norbiton]

I am sure many noble Lords know and love the Chiswick flyover. A more serious point is that the Government are already investing in a number of bridges in London. We are considering bids from TfL to help with improvements to Kew Bridge, the Croydon flyover and the bridge at Gallows Corner. The Government are investing in bridges in London; we rely on receiving requests for funding in the first place.

[Lord Rosser (Lab)]

What percentage of the cost of repairing Hammersmith Bridge do the Government believe they themselves should bear?

--- Later in debate ---

[Baroness Vere of Norbiton]

I cannot answer that question, because I have not received a proposal. At the moment, the costs for repairing the bridge are estimated to be £120 million but this is a very early stage of the process. We should recognise that TfL has already stepped up to the plate and committed £25 million to make sure that the early work can start. It is its intention to go to award of contracts for the next stage in the spring.

[Lord Watts (Lab)]

My Lords, the Prime Minister was in charge of this area of responsibility when he was Mayor of London. How much did he put aside for the repair of this bridge?

[Baroness Vere of Norbiton]

I am afraid I cannot answer that question because that was many years ago. If I can find out any information, I will write to the noble Lord.

Railways (Safety, Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations 2019

Baroness Vere of Norbiton Excerpts

Monday 4th November 2019 Lords Chamber

Moved by

[Baroness Vere of Norbiton]

That the Regulations laid before the House on 7 October be approved.

Relevant document: 2nd Report from the Secondary Legislation Scrutiny Committee. Considered in Grand Committee on 30 October.

Motion agreed.

Railways (Safety, Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations 2019

Baroness Vere of Norbiton Excerpts

Wednesday 30th October 2019 Grand Committee

Moved by

[Baroness Vere of Norbiton]

That the Grand Committee do consider the Railways (Safety, Access, Management and Inter- operability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations 2019.

Relevant document: 2nd Report from the Secondary Legislation Scrutiny Committee

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

My Lords, I will start by explaining why we are considering this instrument under the urgent “made affirmative” procedure provided for in the European Union (Withdrawal) Act 2018.

This instrument is important for ensuring clarity and certainty for the rail industry and passengers. It fixes deficiencies in a number of pieces of rail-related legislation, including important changes to the rail safety legislative framework and corrections to minor issues in previous Brexit-related instruments raised by the JCSI.

The Government committed in previous debates on rail Brexit legislation in this House and to the JCSI that the rail safety amendments and the issues identified by the JCSI would be fixed in time for the UK’s exit from the EU. We gave very careful consideration to the appropriate procedure for this instrument. Providing certainty and clarity to industry and passengers is an absolute priority.

We concluded that in order to provide the right level of certainty and fulfil commitments made to this House and to industry, this instrument needed to be in place for exit day. Therefore, this instrument was signed and laid on 7 October using the urgent “made affirmative” procedure. Noble Lords will be aware that the Article 50 extension letter was not sent until 19 October, and the extension was agreed only on 28 October.

Turning to what this instrument does, its most significant provision is to introduce in Great Britain a two-year recognition period for Part A safety certificates issued in the EU before exit day by amending the Rail Safety (Amendment etc.) (EU Exit) Regulations 2019. It will also make corrections to EU implementing legislation that has come into effect since 12 April 2019, as well as some further minor corrections to earlier implementing legislation.

I will now provide some background information on the changes being made by this instrument, including Part A safety certificates. Part A safety certificates are valid for up to five years and are an essential piece of documentation for operators seeking to operate trains in Great Britain. They are issued by the ORR and set out the essential safety arrangements and systems a train operator has in place to run trains competently and safely.

This instrument will introduce a two-year recognition period for existing Part A safety certificates issued in the EU as part of establishing full regulatory control of our rail safety regime. This gives certainty that EU-issued Part A safety certificates will continue to be recognised for the purpose of operating trains on the mainline railway in Great Britain for two years after Brexit or until they expire, whichever is the sooner. A train operator will then need to apply to the ORR for a new Part A safety certificate and accompanying Part B safety certificate. Two years provide an appropriate amount of time in which industry can prepare and align itself with the GB domestic certification regime and are consistent with recognition periods introduced in other rail-related Brexit legislation. This SI also enables GB-appropriate control, which we will use to maintain our excellent safety record. Safety is always the number one priority on the railway.

Only one operator has been identified as providing services in Great Britain using a Part A safety certificate issued in another EU member state. The operator is RTS Rail Transport Service GmbH. Officials from my department and the ORR have actively engaged with the operator concerned to ensure that it is prepared for Brexit, and its application for a new Part A certificate is well advanced.

Turning to the amendments correcting issues in previous Brexit-related instrument, I reassure noble Lords that the instrument we are considering today has been through pre-legislative scrutiny by the JCSI which returned it without comment. It was also considered by the JCSI in its meeting of 16 October and was not identified as an instrument to be brought to the attention of the House. The JCSI identified minor drafting issues in two previous rail Brexit instruments. I am sure noble Lords will remember that I detailed at least two of those drafting issues in a previous debate, but just in case I will do so again briefly.

In specific terms, the JCSI identified three missing words in the Railways (Safety Management) (Amendment) (EU Exit) Regulations (Northern Ireland) 2019. They were a definition relating to the Northern Ireland Department for Infrastructure’s monitoring of safety targets, namely the term “risk to whole”. The committee identified that the term,

“risk to society as a whole”,

appears in paragraph 12(3)(f) of Schedule 7, and that this term should have been defined in paragraph 2 in place of “risk to whole”. The committee also considered that the words,

“risk to society as a whole”,

should have been set out in full rather than the label “whole society” in the table at the end of the schedule.

In addition, the JCSI identified minor drafting errors in the Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019. Specifically, they were a duplication of a sub-paragraph and an incorrect cross-reference to other legislation. Those errors are corrected in this instrument, and the Government would like to thank the JCSI for pointing them out.

My department has also identified small analogous errors in two other Brexit instruments, the Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 and the Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019. These errors are also corrected in this instrument.

This instrument will also make the usual Brexit-related corrections to EU implementing legislation that has come fully into effect since 12 April 2019. These include corrections such as removing references to “member states” and replacing references to European legislation with references to domestic legislation wherever possible. The instrument also makes some further minor corrections to earlier implementing legislation.

It is important to emphasise that officials have worked closely with the industry throughout the preparation of this instrument and it will welcome the clarity and certainty that it will provide. The provisions contained in this instrument will enable the rail legislative framework to continue to operate effectively after exit day. This instrument provides certainty to the railway industry and passengers and will ensure that the rail legislative framework continues to function effectively after the UK leaves the EU. I commend these regulations to the Committee. I beg to move.

[Baroness Randerson (LD)]

My Lords, I thank the Minister and her officials for talking us through these regulations at a meeting yesterday. I am very grateful for her time. Despite her enthusiasm, I had to supress a weary sense of déjà vu about this, but then I thought of an upside. When the history of this Parliament is written, this SI will go down as one of the significant pieces of legislation passed during this Session which, after all, has lasted only a couple of weeks, so it will have its place in history and therefore I set my mind to looking at it with rather more attention and diligence. But my whole spirit protests at the amount of time that we, and particularly officials, have spent preparing for a no-deal Brexit—an issue which is so damaging that it should never have been a credible option.

This SI fixes deficiencies in previous drafting, as the Minister has noted. I believe that there are four of them; that is quite a lot for such a short piece of legislation. My concern is that officials have been under such pressure to churn out such no-deal legislation, if I can call it that, that it has been very difficult for them to maintain the usual high standards. I had a quiet laugh at the opening line of paragraph 2 of the Explanatory Memorandum, which tells us:

“The Government is committed to leaving the European Union on 31 October”.


I will come back to this later on.

The core purpose of this SI is to put in place a system of recognition of Part A safety certificates for rail operators. It introduces a two-year recognition period, which is flexible according to the renewal date. As the Minister has pointed out to us, this affects only one company but it is symptomatic of the ridiculous position that we are in. Part A certificates are currently EU-portable; the company concerned therefore only has to get them once, and they apply in all EU countries where that company operates. It is proposed that, in future, the ORR will issue Part A certificates. As a result, as the Secondary Legislation Scrutiny Committee’s report observes:

“ORR issued Part A safety certificates will be substantially the same in terms of content compared to EU issued Part A safety certificates, including the requirements necessary to obtain one. However, after the UK leaves the EU ORR issued Part A certificates will not have EU identification numbers, EU symbols or references to the EU. ORR issued Part A safety certificates will not be valid in the EU”.


This is about creating something which is identical in intent but has a different badge. It creates more complexity and bureaucracy; it is very far from the rosy image we were sold in 2016. The effect is of course that the company concerned, and any other company which might come along and need this certificate, will have to get two certificates rather than only one. What is more, since it is a criminal offence to operate a railway without a Part A certificate, the criminal offence has to be adjusted too. What will happen to the mountain of paperwork and complexity that we have created when, or if, we decide not to leave the EU after all? Are we going to have to unwind it painfully, SI by SI, or could we have just one mega-piece of legislation saying: “Forget what we have done for the last year”?

--- Later in debate ---

[Lord Rosser (Lab)]

My Lords, I too thank the Minister for explaining the content and purpose of this draft statutory instrument, which relates to a no-deal scenario. I also thank the Minister and her officials for the meeting yesterday. I do not think that anything I am going to say will come entirely as a surprise to the Minister and I am afraid that I will repeat some of the points made by the noble Baroness, Lady Randerson.

I have a number of questions about the content of the Explanatory Memorandum, some of which will, no doubt, relate to issues about which I am still not entirely clear. First, how does an EU portable Part A safety certificate currently differ from a Part A safety certificate from the Office of Rail and Road, if at all, and how will they differ in the future? When introducing this SI, the Minister said that the two-year period to which this SI relates,

“provides an appropriate amount of time in which industry can prepare and align themselves with the Great British domestic certification regime”,

before going on to talk about it giving Great Britain “appropriate control”. In the light of that comment about giving time for the industry to prepare and align itself with the British domestic certification regime, what will the industry have to do in the two-year period to achieve that preparation and alignment with the British domestic certification regime? What actions will it have to take, because there has been talk of there being similarity between the two? It would be helpful if that comment could be clarified; it was also made by the Transport Minister in the Commons when the SI was debated there. I am not entirely clear about what the industry will have to do in that two-year period to prepare and to align itself with the domestic certification regime.

Will operators of services travelling from mainland Europe to the UK require both a UK Part A safety certificate and a Part A certificate issued in an EU member state? Clarification on that point would be helpful. Will a mainland Europe operator with a Part A certificate issued in an EU member state have to acquire a UK Part A safety certificate before bidding for a rail franchise, or will it have to acquire such a certificate only if it is successful in its franchise bid?

What is the position for a train operator in Northern Ireland? What Part A certificate will it require? Will it be a UK one or an EU member state one? Paragraph 4.1 of the Explanatory Memorandum, headed “Extent and Territorial Application”, suggests that, in Northern Ireland, an operator will have an EU member state-issued Part A safety certificate because, as I understand it, it is not covered by the part of the SI that relates to the Part A safety certificates. Once again, some clarification of that issue would be extremely helpful.

In addition, if an operator in Northern Ireland has an EU member state-issued Part A safety certificate, who will issue it and who has issued the current Part A safety certificate? Who has issued the current one and who will issue a future one if the train operator in Northern Ireland had an EU member state Part A certificate rather than one issued by the Office of Rail and Road?

I want to make two points on the Explanatory Memorandum, one of which is exactly the one made by the noble Baroness, Lady Randerson, about paragraph 2.5. I know that I am repeating what has already been said but, to recap, it states:

“The UK notified the Commission on 29 November 2018 that it intended to transpose the recast Railway Safety Directive by the later permitted transposition deadline of June 2020, though this will depend on the nature of Brexit on 31 October 2019”.


My question is slightly different from that posed by the noble Baroness and is simply to ask what the current position is on transposing the recast directive. Since the memorandum refers to it being dependent on the nature of Brexit, how will the nature of Brexit affect the transposition?

Finally, paragraph 2.11 of the Explanatory Memorandum states that, once the UK has left the EU:

“There will be an opportunity for the UK to shape its own railway to meet the needs of our passengers and freight shippers”.


What will we be able to do in the future to shape our own railway that the Government are in effect saying we cannot do at the moment under the present arrangements? I am not entirely clear on the answer to that question.

[Baroness Vere of Norbiton]

I thank the noble Baroness, Lady Randerson, and the noble Lord, Lord Rosser, for this short debate on the SI before us. A number of issues have been raised and I look forward to trying to answer as many questions as possible. As ever, I will write if I miss out anything.

As I would expect from a leading Liberal Democrat, we heard the usual question: “What happens if we don’t leave the EU?” It is quite right for the noble Baroness to pose that question. That is obviously not government policy, so not a huge amount of work has gone into it—but the noble Baroness will know that, in the event that the UK does not leave the EU, all the work that we in government are doing at the moment on no-deal preparations, including these SIs, could be revoked. The SIs would simply fall away.

The noble Baroness, Lady Randerson, and the noble Lord, Lord Rosser, asked about the recast of our safety directive. That point is very important and is in flow at the moment; we will certainly need to consider it at some point next year. The recast Directive (EU) 2016/798 on rail safety repeals and replaces the previous rail safety directive, and forms the basis of the regulations that we currently have in place. The key aims of the new directive are: to streamline the application process for rail vehicle authorisations and safety certificates through a single EU one-stop shop; to achieve consistency of regulatory approach between national safety authorities; to achieve much clearer alignment with the European Union Agency for Railways; and to progressively eliminate technical and operational differences between member states’ railways, including through the gradual elimination of national safety rules.

As noble Lords mentioned, the UK has applied for an extension to be in place until 16 June 2020, which has been agreed. Regarding the terms of our departure, if we are in an implementation period at that stage, the recast safety directive will be brought into our legislative framework. I suspect that, if we are still in our positions, we will be back in place to debate it at that time. If there is no deal, the Government of the day can look at the changes that have happened in Europe and decide whether to bring those changes into UK legislation. If the directive is implemented in whole or in part, a consultation with industry will take place, as with any new legislation. Officials have already done much of the work to ensure that the directive could be implemented if it is necessary and desirable.

Moving on to the ORR and its ability to charge a fee, the instrument makes fixes to EU tertiary legislation that allows the ORR to charge a fee. It was clear that the ORR wants to retain that fee-charging ability should it need to in future; essentially, we are retaining the status quo. However, the ORR has advised that it does not currently charge a fee in its role in determining applications for access to the rail network but that it wishes to retain the ability to charge a fee should it need to—which is the status quo. However, if a fee were to be charged in future, it would be subject to consultation with the industry.

The noble Baroness, Lady Randerson, also mentioned the “made affirmative” procedure and asked whether it was still appropriate for this instrument to be brought through your Lordships’ House under that procedure. I suspect that it is. The debate taking place today is happening prior to the date on which a no-deal exit would otherwise have happened. Therefore, the significant difference between the “made affirmative” procedure and the normal affirmative procedure is not substantial in this case. Had we done it the other way, we may well have had the debate on the same day—but it was absolutely clear to us that we needed to make sure, had this debate not been able to be scheduled, for example, that certainty would be available to the industry. That is why we used the “made affirmative” procedure. We could have gone back and withdrawn the SI, then tabled it again under the new procedure—but, in practical terms, I am not sure that it would have made any real difference.

The noble Lord, Lord Rosser, brought up the subject of safety certificates in future and asked whether there would be divergence. We may want to diverge in future; one of the benefits of Brexit is being able to take control of the sorts of regulatory systems that we might find beneficial. Safety has always been a priority for this Government and for Governments before us, and it may be that, in future, we diverge from the EU in certain areas with regard to the safety framework. We are definitely not going to lower our safety standards, but we might do things differently. But things may change and, in future, EU operators wishing to operate in the UK will have to get a safety certificate from the UK, and that will be under the new regime. Obviously, this would have to go through your Lordships’ House and there are many steps to be taken in that process.

--- Later in debate ---

[Lord Rosser]

Paragraph 2.11 of the Explanatory Memorandum states that,

“once the UK has left the EU we will have the flexibility to diverge from EU rail law where it is in the UK’s interest to do so, whilst maintaining our excellent safety record. There will be an opportunity for the UK to shape its own railway to meet the needs of our passengers and freight shippers”.

The inference is that we do not have that opportunity under the current arrangements. What are these opportunities to shape our own railway to meet the needs of our passengers and freight shippers that we do not have at the moment because of current arrangements?

Also, on the bit about alignment with the British domestic certification regime, I think that was something the noble Baroness the Minister said in her introduction, but it was certainly something the Minister of State said when this matter was being discussed in the House of Commons. Those were the words he used—so it is hardly the Explanatory Memorandum; it was actually what the Minister said when he referred to,

“an appropriate amount of time for the industry to prepare and align itself”,

with what he described as,

“the Great British domestic certification regime”.—[Official Report, Commons, 21/10/19; col. 4.]

I get the impression from the Minister’s answer on behalf of the Government that maybe that was some slightly flowery wording and perhaps he got a bit carried away with himself.

[Baroness Vere of Norbiton]

I could not possibly comment on the words of my honourable friend in the other place, and I will go no further on that, but if I can shed any light, I will happily write to the noble Lord.

The words missing from the Explanatory Memorandum are “future needs”. Needs that might come to light will be in freight, for example. In my view, rail freight is an area where we should be looking to expand and improve the volume of goods that travel by rail. Improving gauge clearances or making all the other slight changes that one has to make to a railway to improve the ability of rail freight to, for example, get through tunnels, may have a knock-on impact on the safety certification. I do not know for sure, but these are the sorts of things that we will need to look at if we are to get more freight on to our railways. Therefore, we feel that, in future, divergence is a possibility. It is by no means a certainty. It would not happen without full consultation with the industry, and it would happen only if it is in the interests of the industry.

Motion agreed.

Electric Scooters

Baroness Vere of Norbiton Excerpts

Tuesday 29th October 2019 Lords Chamber

[Lord Naseby]

To ask Her Majesty’s Government what assessment they have made of the impact of the use of electric scooters on public roads and pavements on (1) road users, and (2) pedestrian safety.

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

My Lords, to date, no assessment has been made of the impact of electric scooters on either road or pedestrian safety, as they are illegal to use on public roads, cycle lanes and pavements. However, the department is reviewing regulations that apply to electric scooters and similar vehicles as part of the Future of Mobility urban strategy. Safety considerations will be part of that review.

[Lord Naseby (Con)]

Is my noble friend aware that well over 1,000 incidents have been reported to the police—and not all police forces even record the figures involved? Can she assure the House that the department’s review will look at specifications of electric scooters to ensure that they have brakes, lights and stability? Will it consider imposing an age limit of 16 or above? Finally, will she ensure that the review is detailed and will not require further legislation over and beyond what arises from it, bearing in mind that when the issue of drones arose, we had to have about four bites at the cherry?

[Baroness Vere of Norbiton]

My noble friend raises a number of important issues. The strand of the regulatory review that will be looking at micromobility, which covers e-scooters, will look at vehicle requirements, user requirements—for example, age, helmets and insurance—whether they should be used on the roads or elsewhere, and the service provider requirements. On his second point about future legislation, we intend to build an agile legislation and regulatory system, because who knows where we will go beyond these scooters? It is important that legislation can keep up.

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, I cut my teeth dealing with people cycling on footpaths many years ago—perhaps I had more time than most people have now. The Minister mentioned that such use of these scooters was an offence. Does that attract a fixed penalty rather than the full rigour of the law, because that makes it a lot easier for the police to enforce the law?

[Baroness Vere of Norbiton]

The noble Lord is quite right. As I mentioned, it is illegal to ride e-scooters on any land that is not private. The police can enforce the matter, they can issue fines and can sometimes confiscate the scooter.

[Baroness Randerson (LD)]

My Lords, I have hired electric scooters in countries where it is legal to do so. Dockless bike hire schemes in this country cause similar problems with disposal and parking at the end of the hire period. They are left lying around and cause an obstruction. Do the Government accept that at least part of the answer lies in giving local authorities more power to regulate and manage bike and scooter hire schemes?

[Baroness Vere of Norbiton]

I cannot guarantee to the noble Baroness exactly where we will end up in the relationship between local authorities and hire scheme providers, but she is quite right to say that different countries and different cities have taken different approaches. For example, in Barcelona, there are only hire shops—you cannot just pick up one of these things from the streets—but in Paris, for example, they are currently legislating to treat e-scooters much like e-bikes. Different countries are doing different things. I want to ensure that we do the right thing for London and other big cities where, no doubt, such schemes would take off.

[Baroness Bull (CB)]

My Lords, can the noble Baroness clarify whether there is currently a requirement for dockless e-bike operators to have any kind of licence, given that they are effectively trading on a public highway? Does it not seem slightly odd that there is no requirement for them to have some kind of regulation in place?

[Baroness Vere of Norbiton]

I will have to write to the noble Baroness on that point. It is my impression that they do not require a specific licence per se but I will have to check that with officials.

[Lord St John of Bletso (CB)]

Is the Minister aware of the new laws introduced recently in France that ban the riding of e-scooters on pavements and, most importantly, limit the speed, make wearing safety gear compulsory and ban e-scooters altogether on country roads?

[Baroness Vere of Norbiton]

I am aware that the French are taking matters forward. They have a maximum speed limit of 20 kilometres per hour; in Barcelona, for example, the maximum speed limit is 30 kilometres per hour. Different countries are doing different things. For example, in France, the minimum age to ride one of these scooters is eight, but there is a licensing scheme for the hire scheme. We are looking at all those things but I cannot guarantee that an age limit of eight is the right one.

[Lord Elton (Con)]

Does my noble friend agree that it would be a wasted opportunity if, in the review, something is not done to deal with bicyclists who whizz along the pavement, zigzagging all over the place?

[Baroness Vere of Norbiton]

I cannot guarantee for my noble friend that that issue will form part of this specific review because, as I said, it is about the future of mobility and urban strategy, and the micromobility types of transport that will come forward in future.

[Lord Rosser (Lab)]

Can the Minister tell us the extent to which people are being fined or charged for using an e-scooter contrary to the law? I ask that as one gets the impression, rightly or wrongly, that that is rarely the case. Are the Government of the view that it is probably better for such action not to be taken against those using e-scooters, pending the outcome of the review?

[Baroness Vere of Norbiton]

The noble Lord will know that enforcement is an operational matter for the police but I reassure him that over a one-week period in July, 100 people were stopped on the streets of London and were issued with fines; some of them had their e-scooters confiscated. I disagree with the noble Lord that, pending the regulatory review, we should not enforce. We do not know the outcome of the review; it is certainly our view at this time that we cannot guarantee that any changes to regulations will be made.

[Lord McNicol of West Kilbride (Lab)]

I declare an interest as somebody who used one of these e-scooters over the summer while on holiday in Paris. It was actually very enjoyable. May I encourage some proportionality in looking at the legislation and laws when they are brought in?

[Baroness Vere of Norbiton]

I am so pleased that the noble Lord enjoyed his trip on an e-scooter. I too have ridden one—indoors, at the party conference. He is completely right: we do not intend to shut the door on all these different and new types of transport, which are incredibly important to all sorts of people. Safety is our priority; that is the number one factor.

High Speed Rail (West Midlands-Crewe) Bill

Baroness Vere of Norbiton Excerpts

Tuesday 29th October 2019 Lords Chamber

Moved by

[Baroness Vere of Norbiton]

Motion agreed.

Transport: Buses

Baroness Vere of Norbiton Excerpts

Thursday 24th October 2019 Lords Chamber

[Baroness Randerson]

To ask Her Majesty’s Government what plans they have to encourage more people to travel by bus.

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

My Lords, the Government are boosting bus services, harnessing bus data and tackling congestion. To boost services, the new bus deal includes an additional £30 million on top of the £43 million already paid to local authorities. To harness data, the bus open data digital service will collate real-time location and fare data. On congestion, we will update guidance to local authorities on bus priority measures.

[Baroness Randerson (LD)]

My Lords, despite some one-off initiatives, which of course one welcomes, we continue to face a bus emergency. For instance, 65% of local authorities no longer provide free transport for 16 to 18 year-olds, and many bus services have been cut. Does the Minister agree that we need a national bus strategy to promote increased usage, zero-emission buses and more integrated services? Do the Government intend to reform and significantly increase funding for bus services to address the £650 million funding gap faced by local authorities and operators over concessionary fares?

[Baroness Vere of Norbiton]

I am pleased to be able to agree with the noble Baroness, Lady Randerson. It is critical that we have a national bus strategy. The Government have already announced that we will put in place such a strategy. Going alongside that will be our commitment to long-term funding for the bus sector.

[The Earl of Listowel (CB)]

My Lords, I welcome the news of this bus strategy, but will the Minister look at vulnerable groups, in particular parents who are in temporary accommodation such as hostels and bed and breakfast accommodation? Very often, they can be extremely isolated and may have to make many bus journeys to see their family and friends. Will the Government please look at that in their bus strategy?

[Baroness Vere of Norbiton]

I thank the noble Earl for raising this issue. As the Minister for loneliness in the Department for Transport, I know how important it is that we make sure that our transport system is able to get those people to where they need to go. We are currently scoping the bus strategy. I shall certainly include that within its remit.

[Lord Cormack (Con)]

My Lords, in relation to a point made by the noble Baroness, Lady Randerson, will my noble friend the Minister try to ensure that all new buses have details of concessionary fares on the side?

[Baroness Vere of Norbiton]

I shall certainly take that very good point back to the department. It is also important to make sure that we make the most of the data that local operators have about their buses and collate it in one place, so that people can see information about where their bus is, and how much it will cost them, when they get on it.

[The Lord Bishop of St Albans]

My Lords, in welcoming the strategy, I am aware that we have seen numerous stories this week about levels of pollution, particularly along school runs, so we should do everything we can to get children on to buses where appropriate. However, many buses are still very poor in terms of the pollution they create, which might take some years to go through. Is there any way in which the Government can help bus companies move more rapidly to zero emissions?

[Baroness Vere of Norbiton]

The right reverend Prelate is right, and pollution is a key element that we are taking forward in our strategy. To date, the Government have provided £240 million, which went towards 7,000 cleaner and better buses, but we must do more. In the new bus package that was announced recently, one provision was £50 million for the first all-electric bus town or city.

[Lord Clark of Windermere (Lab)]

My Lords, this week, the Government announced that electric cars will be allowed to use bus lanes. Have the Government done a risk assessment of whether there will be any delays to buses using their own lanes, therefore making bus journeys longer for passengers?

[Baroness Vere of Norbiton]

The noble Lord is right that that is one proposal on the table. It is not set in stone that it will indeed be allowed to happen, but it is important that we make sure that people feel able to take up electric vehicles. They are very important to our future carbon strategy, and of course we are looking at the impact on buses.

[Lord Tebbit (Con)]

Is my noble friend aware of the problems that are sometimes faced by rather old-fashioned people seeking to take a journey by bus who want to proffer their fare in money—cash?

[Baroness Vere of Norbiton]

I thank my noble friend for his question. I am aware that that may be an issue for an increasingly small number of people.

[Noble Lords]

Oh!

[Baroness Vere of Norbiton]

I would encourage them to make full use of the different fare payment options that are available.

[Lord Tunnicliffe (Lab)]

My Lords, for two years I was chairman of London Buses—it is the best bus service in the country—and I learned that buses are a key part of a fair society, carrying the young, the old, the sick and the poor. That is why the Labour Party has committed to £1.3 billion of additional funding to restore the 3,000 cuts made by this Government, to local regulation to optimise net social benefit and to free bus fares for young people. Will the proposed strategy match these commitments?

[Baroness Vere of Norbiton]

I thank the noble Lord for his question, but I also point out that this Government support the bus sector to the tune of £2.2 billion from the taxpayer. That is 12% higher in real terms than under the last Labour Government. I also point out that the £1.3 billion that the Labour Party proposes putting into buses seems to be coming away from road maintenance and upgrades. That is a false economy, because one of the key issues in getting people back on buses is journey reliability, and that relies on good roads.

[Baroness Scott of Needham Market (LD)]

My Lords, important new powers were introduced in the Bus Services Act 2017, but because they are available only to areas with elected mayors, most rural areas are excluded from them. If experience shows that these powers are effective, will the Government rethink their availability to rural areas?

[Baroness Vere of Norbiton]

I hate to disagree with the noble Baroness, but there are two different types of powers that came in under the Bus Services Act. The first is the franchising power, and in that regard, she is right; it is available only to local elected mayors, because it needs a significant grouping of bus operators and also the population. What is available to all local authorities, and is really important, is enhanced partnerships, where the local authority works with the operator. The local authority can put in place bus priority measures and parking enforcement and, in return, the bus operator can provide better ticketing information and faster services.

Railways: Trans-Pennine Freight

Baroness Vere of Norbiton Excerpts

Monday 7th October 2019 Lords Chamber

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

My Lords, the provision of capacity and capability for cross-Pennine freight is a key priority for the Department for Transport. We are considering how best to enhance the current capability and capacity for cross-Pennine bulk and intermodal rail freight between a range of origins and destinations. This includes consideration of the potential freight demand via a reinstated Skipton-Colne route. This piece of work is due to report soon and will include a wider assessment of cross-Pennine rail freight.

[Lord Greaves (LD)]

My Lords, I refer to the Colne-Skipton gap in the network. The then Secretary of State, Chris Grayling, came to Colne at the beginning of last year and again at the beginning of this year to announce two studies. On 19 September, the Department for Transport said:

“An initial study, which was completed in December 2018, found that it is technically feasible to re-open the line. We are now working to assess the freight demand and the commercial viability of the scheme”,


as the Minister said. The new team of consultants attended a routine meeting of the high-level project development team at Peel Ports in Liverpool on 26 September this year. According to people present, the new contractors said that the route was entirely unsuitable for freight of any kind. Can she investigate what is going on? Will she arrange for the publication of the original Steer group report, so that we all know what is in it?

[Baroness Vere of Norbiton]

I can indeed update the noble Lord about what is going on: work is continuing apace to understand the amount of freight demand that is not currently being and may be met in future by reopening this line, as well as to look at the commercial viability of the scheme. I undertake to him that we will publish all the reports when these important issues have been fully explored and we understand the full picture.

[Lord Adonis (Lab)]

My Lords, can the Minister confirm or deny the story on the front page of the Financial Times that the HS2 review is considering axing its eastern leg? Is she aware that this report is being treated with great alarm in Edinburgh, Newcastle, Durham, York, Leeds, Sheffield, Nottingham, Derby and Birmingham?

[Baroness Vere of Norbiton]

I am sure that the noble Lord knows better than me that one should not believe everything one reads in the newspapers. However, as he will also know, the Oakervee review is taking a detailed look at all elements of HS2 and its phasing and will report soon.

[Baroness McIntosh of Pickering (Con)]

My Lords, will my noble friend the Minister take this opportunity to comment on HS3 and its implications? I am sure that she and I are both subscribed to the northern powerhouse and its rail element: that we need to increase capacity on rail for both passengers and freight. As the noble Lord pointed out, the spur to Leeds and Sheffield is crucial in this regard. Will she confirm that both HS2 and HS3 will proceed as planned?

[Baroness Vere of Norbiton]

I thank my noble friend for raising further questions around HS2. She referred to HS3, which is known to most noble Lords as Northern Powerhouse Rail. It is an incredibly important, complicated and extensive project. It works closely with the trans-Pennine route upgrade, and indeed with HS2. The Government have already committed £60 million of funding to Transport for the North to develop the proposals and a further £300 million to ensure that HS2 can accommodate Northern Powerhouse Rail. As she made clear, Northern Powerhouse Rail could bring huge benefits.

[Lord Wallace of Saltaire (LD)]

My Lords, some weeks ago, I asked someone from Transport for the North where they could find extra freight rail capacity between Liverpool and Hull. The answer was that they had identified that, if you took container traffic through Daventry, you could take it from Liverpool to Hull; that is an interesting diversion. Meanwhile, freight container traffic goes along the M62, which becomes even more crowded. Can we therefore raise the awareness and importance of increasing freight paths on rail through the north of England without having to go via either Scotland or the southern Midlands?

[Baroness Vere of Norbiton]

We are deeply aware that there are a number of freight routes for rail and are doing what we can to improve their usage. For example, I am not sure whether the noble Lord is aware of the W7A gauge clearance project, which is going on at the moment. We are building a business case with industry to develop a W7A gauge clearance which would run along the trans-Pennine rail route via Huddersfield and Stalybridge. I hope that meets with his approval. If there is a positive business case, we will proceed with it forthwith; it could be in place by late 2020.

[Lord Rosser (Lab)]

My Lords, capacity for rail freight is a key priority. Will the Government show that through an undertaking that that they will give the same priority, with the same timescales, to increasing capacity for rail freight across the Pennines as they say that they intend to do for rail passenger traffic across the Pennines?

[Baroness Vere of Norbiton]

I thank the noble Lord for his question but, of course, it is not either/or; the two must be developed together. We often end up looking at a single mode for freight; what we must do is look at all the options, which will include road and, obviously, rail. But he brings up an important point. We will look very closely at cross-modal freight across the country in a strategy for the future starting this autumn.

[Lord Cormack (Con)]

My Lords, as we are moving around the country, I take this opportunity to thank my noble friend’s predecessor for the new services which begin a fortnight today: four trains a day between Lincoln and London and, from December, six trains a day. I also renew the invitation to her and her colleagues to pay a visit to Lincoln on one of these trains in the fairly near future.

[Baroness Vere of Norbiton]

I thank my noble friend for his intervention. I was not aware that we were anywhere near Lincoln, but I am happy to discuss it. I am grateful for his words of thanks. These are just some examples of the extra services that the Government are putting back on the track. I will take noble Lords back up north: on the Northern and TransPennine Express franchises, we are delivering extra capacity of 40,000 passengers a week across 2,000 services.