Police and Criminal Evidence (Northern Ireland) Order 1989 (Application to Immigration Officers and Designated Customs Officials in Northern Ireland) and Consequential Amendments Regulations 2026
Debate between Lord Davies of Gower and Baroness Ritchie of Downpatrick(1 week, 2 days ago)
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Baroness Ritchie of Downpatrick (Lab)
My Lords, I thank my noble friend the Minister for his explanation of this draft statutory instrument. I declare an interest as an outgoing member of the Secondary Legislation Scrutiny Committee; our clerk is presiding over our proceedings here today.
I was intrigued when I read the submission from the committee again; my noble friend the Minister referred to that. Why the delay in implementation? We had to wait until some 17 years later. The Conservatives were in government during many of those years, so perhaps this question might be better addressed to the shadow Minister on the Opposition Front Bench, who might be able to offer an explanation for the delay; it seems quite incredible that that is the situation and that we did not have a service in Northern Ireland.
I also point out that these are issues of particular relevance to the Northern Ireland Human Rights Commission and the Equality Commission for Northern Ireland, because they are dealing with and have direct responsibility for issues to do with Article 2 of the Windsor Framework, which deals specifically with issues in the wider purview of the Good Friday agreement in relation to immigration and migrants to ensure that people are properly protected. Maybe some of those issues will impact on other legal judgments that have taken place, so perhaps my noble friend the Minister could outline what discussions may have taken place with those commissions. Could he also outline—because work is required with the Police Service of Northern Ireland—what work will take place with it and what work took place with it during that intervening period? Were reports made from the Home Office directly to the Northern Ireland Policing Board? Could I receive assurances that the PACE SI will adhere to the principles of equality, fairness and human rights? What discussions took place in that intervening period with An Garda Síochána and the Home Office to counter any potential for terrorism or for people to seek to avail of potential opportunities through movement on a north-south basis on the island of Ireland?
I thank my noble friend the Minister for his explanations. I look forward to the explanation for the lack of representation in those 17 years from the shadow Minister—and I support the PACE SI.
Lord Davies of Gower (Con)
My Lords, I shall speak briefly on these regulations. I am grateful to the Minister for introducing this SI today. The purpose of this instrument is straightforward; it extends to immigration officers and designated customs officials in Northern Ireland the powers contained in the Police and Criminal Evidence (Northern Ireland) Order 1989—powers that their counterparts in England and Wales have exercised for more than a decade under the equivalent provisions of PACE 1984.
Without this instrument, officers in Northern Ireland would continue to rely on a patchwork of powers under the immigration Acts, which the Government argue do not align with the framework used elsewhere in the United Kingdom. The intention here is therefore to ensure consistency, improve co-operation between agencies and provide officers with the tools that they need to tackle organised immigration crime effectively. We support these regulations today.
The equality impact assessment makes it clear that these changes are not expected to lead to a significant increase in arrests or prosecutions. Rather, the effect should be to strengthen cross-authority working between criminal and financial investigations, Border Force and the police, and to support the effective operation of the common travel area. On that basis, and given our long-standing support for ensuring that immigration officials have the powers necessary to implement existing law, we support the instrument and deem it totally necessary.
This is a modest and largely technical instrument, bringing Northern Ireland into alignment with powers established elsewhere in the United Kingdom. We support that objective while recognising the sensitivities that have surrounded the timing of its introduction. I look forward to the Minister’s response.
Baroness Ritchie of Downpatrick (Lab)
Before my noble friend the Minister makes his response, I should like to ask the noble Lord, Lord Davies of Gower, if he can provide any explanation of why, during that period, there was no implementation of this SI in Northern Ireland.
Lord Davies of Gower (Con)
I cannot answer those questions. I was not here at the time, so I cannot. Sorry.
Baroness Ritchie of Downpatrick (Lab)
I do not wish to delay proceedings. I recall that the noble Lord came into your Lordships’ House at the same time as me around October or November 2019. From my recollection, the Conservatives were in government. So, the noble Lord is bound to have had some recollection and he had Front Bench responsibilities.
Lord Davies of Gower (Con)
I was not the Minister. I cannot answer the question, and it is not my place to answer it now.
Mopeds, Motorcycles and Powered Light Vehicle Industry
Debate between Lord Davies of Gower and Baroness Ritchie of Downpatrick(2 years, 2 months ago)
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The Parliamentary Under-Secretary of State, Department for Transport (Lord Davies of Gower) (Con)
My Lords, I am pleased to respond to this Question for Short Debate and thank all noble Lords for their thoughtful contributions to the debate before the Grand Committee today. Whether I will be able to answer all noble Lords’ questions in the 12 minutes allocated, I do not know, but I will attempt to respond to as many questions and concerns as possible and, when I am not able to, I will certainly follow up with a letter.
The noble Baroness, Lady Ritchie of Downpatrick, my noble friend Lord Moylan and the noble Viscount, Lord Craigavon, talked about decarbonisation, net zero and the Government’s commitment. We have a legal obligation to meet net zero, and the Government are committed to phasing out the sale of all new non-zero emission road vehicles by 2040. This includes ending the sale of polluting motorcycles and mopeds. The Government are committed to our net-zero ambitions and will continue to drive forward our work to cut emissions. The broad approach is one that is fair, affordable and pragmatic, easing the burdens on the British public.
Following a consultation last year, we are now analysing the responses to our consultation on when to end the sale of new non-zero emission L-category vehicles, including views from the industry, with which we have been engaging. We will respond in due course. Our approach will continue to account for technical and commercial feasibility and ensure that transition is affordable for consumers. The Prime Minister’s announcement pushed back the end-of-sales date for new petrol and diesel cars from 2030 to 2035 by requiring 80% of new cars to be fully ZEV by 2030. The mandate will continue to require the most ambitious regulatory trajectory to 2030 of any country.
The noble Baroness, Lady Ritchie, talked about the end-of-sale dates for non-zero-emission motorbikes and mopeds. We consulted between July and September last year on when to end the sale of new non-zero-emission L-category vehicles, which was supported by a thorough programme of stakeholder engagement with manufacturers and the wider industry. The Government are analysing the responses and taking into consideration the wide range of views expressed. The consultation proposed two separate dates for the end of sale of new non-zero-emission L-category vehicles: 2035 for all L-category vehicles at the latest, and 2030 for L-category vehicles in the L1 L2, L3, L6 and L7 subcategories.
The Government recognise that a one-size-fits-all approach to regulating emissions from road vehicles is not appropriate, as the technology pathway is not as clear for certain segments of the market. However, they will continue to engage with industry and the public to ensure that the final confirmed end-of-sale dates for new non-zero-emission L-category vehicles are feasible from both a technological and a commercial perspective. That includes ensuring that adequate infrastructure for the sector is in place and that the transition is affordable for consumers.
We are now analysing the responses to the consultation on ending the sale of new non-zero-emission L-category vehicles, including evidence provided on this issue, and we will bring forward the government response in due course. Analysis of lifecycle emissions is an important consideration as we accelerate the transition to a zero-emission fleet of road vehicles. While there is no internationally recognised method of measuring lifecycle emissions in any transport sector, the Department for Transport’s energy model, published in 2018, and the externally commissioned lifecycle analysis of UK road vehicles, published in 2021, provide clear assessments of the relative environmental impacts of different road vehicle technologies and fuels in the UK.
The Government will consult on any future regulatory framework to deliver and enforce the end-of-sale dates for non-zero-emission L-category vehicles as appropriate. The Government keep all their regulations under review to ensure that they are fit for purpose and future-proofed. Policies are already in place to support the transition, such as plug-in motorcycle grants, and the Government recently made up to £350,000 of funding available for research and development projects to grow the zero-emission motorcycle supply chain in the UK. However, we appreciate that there are technology and infrastructure considerations for these vehicles as we transition, and we will continue to work with the sector to support and consider how best to overcome demand-side challenges, including the infrastructure needs of zero-emission L-category vehicles.
On the Motor Cycle Industry Association action plan, mentioned by the noble Baroness, Lady Ritchie, the Government are committed to continuing to work with the industry and other stakeholders to ensure that the sector is ready, ahead of decarbonisation. In February 2022, the Motor Cycle Industry Association published Realising the Full Potential of Zero Emission Powered Light Vehicles: A Joint Action Plan for Government and Industry. That was commissioned by the Government as a transport decarbonisation plan commitment and was delivered in partnership with the Motorcycle Industry Association. The document aimed to set out the 10 key actions that the industry believes are needed to support the L-category sector ahead of decarbonisation.
The Government are engaged with the industry to deliver the action plan where appropriate. Zero-emission vehicles offer an opportunity to create jobs, strengthen British industry, cut emissions and keep Britain moving. Phasing out new non-zero-emission L-category vehicles positions the UK as a world leader in L-category decarbonisation, driving innovation and creating a market for zero-emission vehicles.
The noble Lord, Lord Liddle, spoke about a plan for the future, as did the noble Baroness, Lady Ritchie. The Government are pleased with the progress made so far on the action plan and will continue to engage with the sector on it. For example, to address actions 2 and 3 on growing and developing the supply chain, as I said earlier, the Government made up to £350,000 of funding available for research and development projects to grow the zero-emission motorcycle supply chain in the UK.
The department is also working with the recently established powered light vehicle community to address action 9 on creating a formal L-category community. Additionally, the department is currently engaged with the MCIA’s recent licensing review proposals to address action 6, to review minimum testing and licence entitlements for all battery, electric L-category vehicles. We continue to engage with industry to deliver the action plan where appropriate and will continue to do so.
The noble Lords, Lord Berkeley and Lord Foster of Bath, referred to the plan for drivers in as much as it applies to motorcyclists. Like drivers, motorcyclists will benefit from many of the measures in the plan, including around fixing roads faster, better traffic lights, and the right speed limits in the right place. Specifically, in seeking to make better use of bus lanes, we will refresh the technical advice for local authorities to make it clear that they should use their powers to ensure that bus lanes are open to motorcycles, and we will launch a consultation on allowing motorcycles to use bus lanes by default. The plan confirms that, to help riders make the transition to zero-emission vehicles, plug-in vehicle grants continue to be available for motorcycles.
The noble Lord, Lord Foster of Bath, asked a question about lithium batteries. There is no real evidence that electric vehicle fires are more likely to occur than petrol or diesel vehicle fires, and it remains safe to have them in covered car parks. The safety of electric vehicles and their charging is of course of paramount importance to the Government and is kept under regular review. Multiple safety systems are designed into electric vehicles to protect passengers, emergency services personnel and other users from harm. However, the risks are different and need to be understood and controlled. Fire prevention, fire detection and firefighting in electric vehicles is a developing area, and the Government review their guidance and regulations in step with the development of best practice. We continue to work with the fire services, industry and experts from across the UK on this, and before vehicles can be sold or registered in the UK, the manufacturer must supply evidence that the vehicle complies with international approval requirements. For hybrid and electric vehicles, fire and electrical safety is included in this assessment. The department is therefore working with the Office for Product Safety and Standards and other government departments to develop guidance on the safe use of batteries in e-cycles and e-scooters and will publish this at a later date.
The noble Baroness, Lady McIntosh, asked about cycle offences and dangerous cycling. Of course, dangerous cycling puts lives at risk and is completely unacceptable. Like all road users, cyclists are required to comply with road traffic law in the interests of their own safety and that of other road users—that is of course reflected in the Highway Code. If they do not adopt a responsible attitude and if their use of the highway creates an unsafe environment, they may well of course be committing offences, which is a matter for the police to prosecute.
I think I have covered most of the questions that have been asked.
Baroness Ritchie of Downpatrick (Lab)
Perhaps the noble Lord might say something about the simplification of the licensing scheme—and I welcome him and the noble Lord, Lord Liddle, to the Front Benches.
Lord Davies of Gower (Con)
I will go back to the department and see exactly where we are on that, and I will certainly write to the noble Baroness on it.
Social Security Payments: Uprating
Debate between Lord Davies of Gower and Baroness Ritchie of Downpatrick
Lord Davies of Gower (Con)
I thank the noble Baroness, Lady Brinton, for that question. I appreciate her point. Again, it is something I will reiterate when I get back to the department.
Baroness Ritchie of Downpatrick (Lab)
My Lords, given the 12 years of austerity, a cost of living crisis that is hitting the poorest hardest, particularly in the devolved nations and regions, and the fact that inflation is rising to 10% and beyond, can the Minister give assurances and undertakings that he will discuss directly with devolved Ministers a means of ensuring that benefits will be increased in line with inflation to deal with the cost of living and cost of energy crises?