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Lords ChamberThat the Bill be now read a second time.
Scottish and Welsh legislative consent sought, Northern Ireland legislative consent granted.
My Lords, I am pleased to present the Sustainable Aviation Fuel Bill for Second Reading today. I welcome the right reverend Prelate the Bishop of Chester and congratulate him on his forthcoming maiden speech in your Lordships’ House today. I look forward to hearing his contribution to this important debate, and to his many contributions in the months and years ahead.
If we are to be an outward, confident trading nation that is connected to the world and leading the way on innovation, we must move as fast as we can towards a greener, cleaner future for flying. Domestic transport accounted for 29% of the UK’s greenhouse gas emissions in 2023. Aviation is currently the second largest contributor, and it faces unique barriers to decarbonisation. By 2040 it is set to overtake road vehicle use as transport’s largest emitter. SAF will be key to decarbonisation, a drop-in solution that can be used today in today’s aircraft with today’s infrastructure. SAF also has huge economic benefits for the wider low-carbon fuels industry, potentially supporting up to 15,000 jobs and contributing up to £5 billion to the economy by 2050.
SAF is not the only measure that we are supporting to address emissions in the aviation sector. The Government are supporting the development of more efficient and zero-emission aircraft technologies, and we have announced a further £1 billion of funding for the Aerospace Technology Institute to help to spur green aerospace innovation. The Civil Aviation Authority, supported by my department’s funding, is shaping regulations for zero-emission aircraft through its hydrogen challenge. Alongside that, we are advancing airspace modernisation to enable cleaner, quicker and quieter journeys. The Government are also establishing a UK airspace design service with the Civil Aviation Authority and the National Air Traffic Service, which are working together to launch this by the end of the year.
Turning to aviation fuel, the Government, alongside industry, are working collaboratively to ramp up the UK’s SAF industry. The UK stands at the forefront of global efforts to decarbonise aviation. When this Government came into power, we acted immediately by laying the statutory instrument for the SAF mandate, which came into force on 1 January this year. We have invested £63 million in 17 projects through the Advanced Fuels Fund, which will drive growth, support good jobs and deliver emissions reduction.
The revenue certainty mechanism introduced in the Bill is a scheme designed to support UK SAF production to drive growth and opportunity across the country. It addresses the lack of a clear and predictable market price for SAF, one of the biggest constraints on investment in UK SAF production. The RCM builds on the established precedent of contracts for difference in the renewables sector. Under the RCM, an SAF producer will enter into a private law contract with a government-owned counterparty that sets a guaranteed strike price for SAF. If SAF is sold for under that price, the counterparty will pay the difference to the producer. If SAF is sold above the price, the producer will pay the difference to the counterparty.
It is important to emphasise that no final decisions have been taken on how the strike price will be determined. The RCM contracts must set a strike price that finds a balance between securing the appropriate protection for the producer and its investors and providing value for money for the scheme and the wider sector. This is a new and emerging market. This will be the world’s first SAF RCM, and it will derisk SAF projects by addressing barriers to investment in a nascent market that is using innovative technologies. Like similar schemes in the low-carbon electricity sector, this will help to provide greater certainty of future revenue, help to attract investment in first-of-a-kind SAF plants, and support growth and opportunity across the country.
Turning to the SAF Bill, it has four key areas. First, it will enable the Secretary of State to designate a counterparty that is wholly owned by government. Secondly, the Secretary of State can direct the counterparty to enter into private law contracts with SAF producers, guaranteeing a price for the sale of eligible SAF over a period of time. The mechanism is there to support the development of a first-of-a-kind plant by increasing investor confidence. While first-of-a-kind plants are likely to be more expensive than future plants, supporting them allows future, cheaper plants to get constructed and start producing SAF. The contract allocation process will be designed to maximise competition, with all contracts to be underpinned by robust technical and commercial due diligence to ensure that successful projects represent value for money.
Thirdly, the Bill will enable the Secretary of State to make regulations imposing a levy on suppliers of aviation fuel in the UK, in order to fund the RCM. That will allow the counterparty to collect the levy to cover the costs of issuing payments under contracts that are administering the scheme. It is right that the costs of decarbonising air travel should at least be partially borne by the aviation sector rather than the taxpayer. We are levying aviation fuel suppliers because placing the levy higher up the supply chain spreads costs across the sector, and because aviation fuel suppliers will benefit from the greater volumes and lower prices for SAF that the RCM will create. The RCM will provide support only if SAF is actually being produced. If a project fails, there is no obligation on the Government to provide support. While novel technologies can have high failure rates, we can support multiple technology pathways to minimise risk and strengthen the UK’s project pipeline.
Fourthly, the Bill will enable the Secretary of State to enforce certain provisions imposing financial penalties. The Secretary of State may impose a financial penalty on a person who fails to comply with levy regulations, or with requirements under regulations made to ensure that any paid-out surplus is used to benefit fuel suppliers’ customers.
This is a comprehensive and focused Bill that lays the foundations for a thriving UK SAF industry by delivering investment certainty, cutting emissions and securing the long-term sustainability of the aviation industry. More SAF supply and lower prices are good for the aviation sector and, ultimately, for those who wish to fly. The Bill is an essential part of securing our world-class aviation sector’s future, and we want it to do that sustainably. I look forward to engaging with noble Lords on this legislation. I beg to move.
My Lords, I thank all noble Lords who have engaged in today’s lively debate on the Bill. I have listened with much interest to the excellent points raised across your Lordships’ House, and I will now attempt to answer some of the questions. Of course, we can explore many of the issues in greater detail in Committee. In the meantime, I will follow up as soon as I can on some of the issues that I cannot answer now, but I am grateful for such wide, general cross-party support for this important measure.
First, I should compliment the right reverend Prelate the Bishop of Chester on his maiden speech. He said that sustainability matters; I am so glad that he did, and that he said it in English, because he might have been able to say it in Welsh and I would not have been able to respond. The Government and I are grateful for his support of a vital sustainability measure for air transport, which is essential for the nation’s wealth and defence. The only other thing I should say to the right reverend Prelate at this point is that I am sorry about his train service. I will speak to him separately about the trains to Chester.
As I said, I am grateful for the support of many noble Lords who have spoken. The noble Lord, Lord Davies of Gower, was supportive. The points that he and many others made and the questions he asked were all about making early progress. The Government are pursuing the Bill now, as we did with the SAF mandate, in order to get on and do this, because getting on and doing this is absolutely what we seek achieve. The noble Lord referred to the net effect of this on the price of airfares, as a number of other noble Lords have done. Our best estimate is plus or minus £1.50—we are confident on that—but I am happy to explore that further in Committee. We do not believe it is plus or minus £10. We believe that we have, at least for the moment, explored the cost that would fall on air passengers.
A number of points made by the noble Earl, Lord Russell, were about progress, and this Bill is evidence of the Government making progress. Like other noble Lords, he referred to the point of the first tranche and subsequent tranches. We of course need to move beyond HEFA feedstuffs, which is the point of the further tranches of the revenue support mechanism. The noble Earl also referred to the sustainability of UK plant, which is why the Government have put £63 million into the advanced fuel fund: for the very purpose of ensuring that there are plants in this country which can produce sustainable aviation fuel and that the plants themselves are sustainable.
The noble Lord, Lord Ravensdale, referred to competition in due course. The Bill includes the opportunity for the Secretary of State in due course to run tenders or auctions as a means of developing this market.
The noble Lord, Lord Raval, talked about waste and foodstuffs. We will, as we go through this Bill, have regard to its overall effect on the provision of sustainable aviation fuel.
I am grateful to the noble Lord, Lord Grayling, for his detailed and compelling speech on this subject and for his great interest. He talked about not allowing crops to be made into SAF. We have committed to publishing a call for evidence by the end of this year on the use of crops in the SAF mandate. The aim is to improve the evidence base on crop-based SAF production, following suggestions from some stakeholders that certain types of crops could be used to increase SAF supply without compromising our approach to sustainability. But we will get information provided through that call for evidence, and we will consider what we find out.
The noble Lord, Lord Grayling, referred particularly to the use of data and how the market price is determined. The counterparty will be responsible for determining the market and should do so by using data that suppliers submit to the SAF mandate reporting system. Our live consultation seeks views on whether the assessment period should use volume data from an earlier period, or—since he suggested that is not sensible—uses forecast volume data. We will have more discussion about that in due course, I am sure. He also made a very strong point about the support being used only for production in the United Kingdom. We intend to support only eligible SAF plants in the UK; I am sure we will discuss that further. It is a strong point and I will consider it as we get to Committee.
The noble Lord, Lord Berkeley, talked about cleaner skies and warmer homes. I am aware of the consultation on alternative heating solutions, and we are working with our colleagues in DESNZ to move those forward.
The noble Baroness, Lady Jones, does not agree with this at all. We have discussed the points she was making about aviation before. This is a move towards net zero. We are trying to make aviation more sustainable, as it is not going to stop overnight and is important for the economy of the country. The mandate will save some net additional 54 million tonnes of CO2. On the noble Baroness’s other point about frequent flyers, last year the Government altered air passenger duty which does have an effect on more frequent flyers.
I am grateful to the noble Lord, Lord Harper. He made some substantial points. The noble Lord referred to a flight that used 100% sustainable aviation fuel; I believe he was a passenger on it. If I may, I will try to respond in detail to the points that the noble Lord made before Committee stage.
The noble Viscount, Lord Trenchard, is perhaps not so supportive, though in the end I think he said he was. But what we are doing is important. We should be trying to move into a market that self-evidently can be a success for British industry, if we approach it properly. Government intervention, as justified by a number of noble Lords this afternoon, is the only way to do it. The noble Viscount is very sceptical of the effect on pricing for passengers; again, I have no doubt that we will discuss this in Committee and afterwards. Of course, he wants safety not to be compromised; none of us does. It is only right to point out that another noble Lord on his Benches was on a flight wholly powered by sustainable aviation fuel and I doubt whether the noble Lord would put himself at risk: I hope he would not. We are absolutely committed to safety. We are also committed to the fuel economy, which he mentioned.
The noble Lord, Lord Ravensdale, referred to nuclear and hydrogen power. The Government have clearly not set their mind against any solution. The significant funding put towards investing in technical solutions and the way in which the SAF process is being developed encourages other solutions and will encourage British industry to look particularly towards these solutions in the longer term. We will, of course, prioritise UK technology. This is the point and it is a good thing to do.
My noble friend Lord Hanworth is also probably not supportive—not because he does not agree with the general principle but because he somehow thinks, despite all we are doing to be at the forefront of global action, including the £63 million we are putting into the advanced fuels fund, that somehow this is not enough and that there should be some red-blooded approach. I contend that this is a pretty red-blooded approach from the Government. Significant sums of public money have been put into it, and we believe that it is the right thing to do.
The noble Baroness, Lady Bloomfield, referred to the nuclear option. SAF produced using nuclear energy is and will be eligible for the SAF mandate. We have provided funding to support the development of this technology through the grant funding programme of the advanced fuels fund. We are clearly on a journey and I note the noble Baroness’s proposition that it will need longer-term support. Although the Bill is limited to a term of 10 years, the support term is not so limited. I hope the noble Baroness will note that this is one of the reasons why.
The noble Baroness, Lady Pidgeon, made some strong points. As I have said, we are on a journey. In Committee, we can discuss the consistency of the trajectory of that journey with the EU and other countries that have set themselves different targets. Of course, it is not the only measure: zero-emission flying is and could not be just about SAF. To that end, we have talked about airspace modernisation, which is something the noble Baroness knows about. We have looked at funding of up to £2.3 billion over 10 years to extend the Aerospace Technology Institute which was announced in the modern industrial strategy in June to look at low-emission and zero-emission aircraft. We are looking at reducing aviation emissions through schemes such as the UK Emissions Trading Scheme on carbon pricing. We are also seeking to address the non-CO2 impacts of aviation. The noble Baroness is correct, of course, in looking at everything to do with carbon reduction in flying, not just aircraft fuel and technology but the operations surrounding aircraft. She mentioned the activities in that respect of DHL, which is a major user of aircraft.
Lastly, the noble Lord, Lord Moylan, for whom I have huge respect, appears to see a conspiracy between all the parties here to do something which he does not seem to support, which is to have an industrial policy that gives British industry the chance to develop something new in the world and to develop jobs and processes which will lead to a bigger economy. He is not in the same place as some of his colleagues on his own Benches on that and I think that he is wrong, because this is not only an industrial policy but a step towards net zero. He mentioned power-to-liquid, and we have invested in that in the advanced fuels fund. He asked a couple of very detailed questions about the World Trade Organization, and I would be delighted to write to him with the answers, supposing that I was unable to provide answers from the Dispatch Box just now.
Once again, I thank all noble Lords who participated in the debate today and I welcome the support of the many who spoke in favour of the Bill’s measures. The Bill will kick-start the UK SAF industry, attracting investment and creating jobs. By addressing the market and investment uncertainty in SAF production, it will enable the UK to lead the way to greener aviation. I beg to move.
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Lords ChamberThat the draft Regulations laid before the House on 14 October be approved.
Considered in Grand Committee on 19 November.
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Lords ChamberTo ask His Majesty’s Government what assessment they have made of the performance of South Western Railway since nationalisation, and whether they have taken account of its performance in their plans to nationalise other railways.
My Lords, South Western’s performance before and after public ownership has remained below the standards passengers deserve. We inherited from both the previous Government’s management and the previous owners a very serious driver shortage, and 84 out of 90 new trains sitting in sidings, unused but being paid for from the public purse, for several years. Since May, the number of new trains in service has quadrupled and many more drivers are being recruited. It will take time to fix the poor management of the past, but the new managing director and his team will do just that.
I thank the Minister for his reply, and I agree that this has been a disaster for years. However, passenger groups report that since nationalisation, South Western has suffered a 50% increase in cancellations—it is even worse on Monday mornings and Friday afternoons—and delay minutes per hundred miles have risen by 29%. Rakes have often been halved, leaving passengers standing for whole journeys. Meanwhile, if we can understand them, we see that fares have risen faster than inflation. Would the Minister join me on a weekday morning and pay £49 to stand for one hour in a train from Winchester to Waterloo, and see for himself the results of nationalisation before it starts to affect us all?
I do not need to join the noble Lord on his service, because I am on my own, from Richmond to Vauxhall. It is true that there are some short forms—the result of both the driver shortage and the failure to put the new trains into service. Those are linked, because it is clear that the previous management did not choose to put the trains into service because they would have had to train the drivers. There are 780 drivers to be trained on those trains, and getting them into service means withdrawing 20, 30 or 40 of them from what they do normally. Meanwhile, the trains that are used are falling to pieces. Those are the old red ones, as anybody who has travelled on them will know, and they are best used in their last journey to the scrapyard in Newport, South Wales. They will be gone by December. It takes time to fix things. They were not being fixed under the previous regime, and they are now.
Baroness Pidgeon (LD)
My Lords, I acknowledge that there have been serious infrastructure issues, some natural and some legacy, but that does not take away from the poor service provided on the longer-distance services. When will passengers on South Western services be able to buy a cup of tea on board, and to reserve seats for their journeys, which is what many would consider to be a basic standard?
The noble Baroness is referring to the London to Exeter service, which has not been very good in recent months, although the timetable will be reinstated from 29 November. That is because there was a serious problem with soil moisture deficit, as we have had the driest spring since 1836—and that was not due to public ownership. She also refers to the refreshment trolleys. She may know that I have asked the managing director to see what he can do to put back the refreshment trolleys, which were withdrawn some time under previous Governments—after Covid, I think.
My Lords, does the Minister agree that this is a failure not of nationalisation but of privatisation, and that we have had 13 years of wrecking the train service, like everything else? Is it not the case that we are clearing up the mess left by the previous Administration?
I thank my noble friend, and he is right.
My Lords, a few months ago I asked the Minister about the transition payments that were previously paid when a franchise ended and a new operator came in. He was not at that point able to answer the question about SWR, so I ask him again now, as a few months have passed: have the Government paid any money to FirstGroup as a result of the transition from private to public, and have any further payments been made since the time of the transition?
The Government are very reluctant to pay any money to the previous owners, bearing in mind the condition in which the service was left. That discussion is still carrying on, but I am not aware of any money so far being paid and I would not be keen to pay any in the future.
My Lords, I am delighted that my noble friend Lord Strathcarron has opened up this debate about privatisation. I have been the first to admit that previous privatisation was on a strange footing, but I notice that on my Southeastern service on the north Kent line, we are getting that back-to-nationalisation Gallic shrug from many of the staff. On the last 20 sectors that I have used over the past three weeks, I think 15 have been delayed. I am using the Delay Repay service, which comes straight out of His Majesty’s Treasury. Whatever one thinks the turnover and the profits of these services are, they are being massively reduced because of the delays. This applies not just to services on the railway; I am also seeing stations under damage and pressure. For instance, the lift has been out of operation for two weeks at Rochester station, which causes me some inconvenience.
There was not a question in there but, now that Southeastern is run by a managing director who is responsible for both the operations and the infrastructure, I will get Steve White to talk to the noble Lord, and he can make his complaints in person on Rochester station.
My Lords, I declare an interest as a user of South Western, but on the Portsmouth line. I suggest that the noble Lord, Lord Strathcarron, buys a senior railcard. Is not one of the problems with the Government’s policy that they now get blamed for all the problems of the railway companies that they so-called own? The service on my train has been pretty good, except for one incident which I blame the Minister for. Is he confident that South Western will continue to get the investment it needs now that it is under government control?
I am confident of that. Indeed, if the noble Lord is a regular user of the Portsmouth line, he will know that the signalling has been replaced in the last three weeks, which demonstrates significant investment in what was an unreliable system. The purpose of the forthcoming Railways Bill is to create Great British Railways so that, for the first time in over 30 years, the railway is run as a holistic whole by people who understand how to run a railway for the benefit of passengers and freight. That is better than the system that I have inherited and have had to work with for many years.
My Lords, have not a lot of the problems with the conditions of the rolling stock arisen from the ludicrous decision to put out the work to the leasing companies, for which it was a massive licence to print money? Certainly, neither passengers nor the Treasury benefited from that.
Although it might be possible to agree with my noble friend, on this occasion that is not correct. The old South Western trains have been at the end of their lives for some five years. Indeed, I found when I arrived there an extraordinary plan to spend £25 million trying to resuscitate rusty trains to keep them in service because the new ones have been in the sidings for five years. That is a fault not of the rolling stock companies but of management and the previous Government.
My Lords, under the system of franchising, should a franchise fail, the Government would have the opportunity to put in an operator of last resort. Who is the operator of last resort now?
The noble Lord is familiar with that system; indeed, in his Government’s time, four franchises were already in public ownership as a consequence of that. By and large, they are doing better now than they were under the previous regime. You do not need an operator of last resort if you have management committed to a long-term future of the railway which satisfies passengers and freight.
My Lords, my noble friend Lord Strathcarron is a passenger who has a strong voice because he sits in your Lordships’ House. Before the election, the Labour Party promised in its manifesto and its document about rail that it will create a “strong passenger voice” for all passengers. However, now that we can see the Railways Bill, we see that it is a wimpish creature—a revamped TravelWatch—which has no power at all to compel Great British Rail. Would not the Minister just like to admit now that in his vision of a single directing mind for the railways in this country there really is no room for the passenger except as supplicant, never as customer?
The noble Lord should read the draft Bill more carefully. If he does, he will find that the rather antiseptically named passengers’ council—it will have a better name than that in practice—will have the right to ask for regulatory action to be taken against Great British Railways if it fails to deal with subjects that the passengers’ council has a view about. I am very happy to meet the noble Lord afterwards and point him to the specific wording of the clauses; no doubt we will debate them in due course.
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Grand CommitteeThat the Grand Committee do consider the Merchant Shipping (Marine Equipment) Regulations 2025.
My Lords, the purpose of these regulations is to simplify marine equipment legislation by consolidating and combining regulatory changes into one piece of legislation, providing greater clarity for industry. The regulations also bring the standards and requirements for ballast water management systems within scope, introduce a new “equivalents” provision and remove government ships from the scope of the legislative regime. Noble Lords will wish to know that the draft regulations have been scrutinised by the Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee; no response has been received from either committee.
In line with international requirements for ships to carry safety and counterpollution equipment—collectively referred to as “marine equipment”—that has been approved by the ship’s flag administration, the UK implemented the Merchant Shipping (Marine Equipment) Regulations 2016, which gave effect to the EU directive on marine equipment. Following the UK’s exit from the European Union, the 2016 regulations were amended in 2019 to ensure that they would continue to operate effectively. Amendments were also made by the Merchant Shipping (Marine Equipment) (Amendment) (UK and US Mutual Recognition Agreement) (EU Exit) Regulations 2019, which gave effect to the UK-US mutual recognition agreement on marine equipment by providing for the mutual recognition of certificates of conformity for designated marine equipment, thus opening up the large US market to UK manufacturers.
These proposed regulations will revoke and replace the 2016 regulations and both sets of 2019 amending regulations. The proposed regulations, which are considered non-controversial, set out the United Kingdom conformity assessment system for marine equipment placed on ships registered in the United Kingdom.
Since the UK’s departure from the European Union, numerous engagements have been undertaken with stakeholders, including UK-approved bodies, which are responsible for the approval of marine equipment, manufacturers, other government departments and maritime trade organisations. These provided an opportunity to influence the direction that the policy has taken. Once the policy direction had been developed, a six-week public consultation was carried out, during which responders expressed support for the implementation of the proposed regulations. The Maritime and Coastguard Agency—the MCA—published a consultation report, including responses to comments received.
The proposed regulations also make other changes. First, they bring the approval of ballast water management systems into scope. In 2022, the UK implemented new International Maritime Organization requirements and standards for ballast water management systems through the Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Regulations 2022. These regulations included the approval requirements for those systems. Bringing ballast water management systems within the scope of the proposed regulations will make it easier for industry to find and adhere to the relevant requirements. It will also prevent divergence in the approval processes between these systems and other items of marine equipment.
Secondly, the regulations introduce an equivalence provision to allow, subject to certain conditions, non-UK approved marine equipment to be placed on board UK vessels in situations where UK-approved items are unavailable or unsuitable. The conditions ensure that the equipment, when placed on board, will provide an equivalent level of safety.
Thirdly, the regulations will remove government ships from the scope of the marine equipment regime. This is due to the broader change in approach to government ships, triggered in part by the limited legislative powers available post our exit from the European Union. Following the repeal of the European Communities Act 1972, and in the absence of appropriate powers in the Merchant Shipping Act 1995, the existing instrument is being revoked using the Retained EU Law (Revocation and Reform) Act 2023. This will facilitate the amendment of these regulations in future, if required.
In conclusion, I have set out the purpose and scope of these regulations, which consolidate and simplify the UK’s marine equipment regime, bringing clarity and confidence to the industry. The regulations reflect our continued commitment to uphold international standards while tailoring the legislative framework to the UK’s post-EU exit context. I hope that noble Lords will join me in supporting these measures. I beg to move.
Baroness Pidgeon (LD)
My Lords, as has been set out, this instrument aims to simplify marine equipment regulations and provide clarity for industry. I am grateful for the briefing from the Maritime and Coastguard Agency earlier this week. Conventions require ships to carry safety equipment and counter-pollution equipment, which will meet certain standards. As we have heard, through the 2016 regulations, which were amended in 2019 following our exit from the EU, this SI will consolidate those regulations into a single instrument, which we support. They also concern the removal of government ships—that was clarified to me earlier this week—which are covered by defence maritime regulations.
However, I will raise the process and the time taken to get to what we are considering today. Having read the comments of the Secondary Legislation Scrutiny Committee regarding the related Merchant Shipping (Fees) (Amendment) Regulations 2025, which I am sure will be before the House soon, the timing of these regulations—on which the committee did not comment specifically—needs further explanation. Can the Minister confirm when the consultation on today’s regulations took place? Why have these two sets of regulations not come at the same time, given that they are both about consolidation and review? When can we expect the replacement fees regulations to be introduced?
Given that we were here only last week looking at the instrument on railway car parks, which seemed to take an awfully long time to get here—over five years had passed since the consultation on the matter—and the regulations before us today were last updated some six years ago, what assurance can the Minister provide that the department will start to work at pace through a lot of the administration around these regulations, to ensure more timely consideration by this Committee? I await the Minister’s response with interest.
My Lords, I am grateful to the Minister for arranging a briefing for me by members of the Maritime and Coastguard Agency and the Department for Transport, which was extremely helpful. The issues underlying this wholly uncontroversial instrument were debated in the other place, and the official Conservative view in support of the instrument was made clear there. It is very rare that one has the opportunity with any Government, least of all this one, to be able to say, “Well done. Carry on”, but that is my message.
I am not going to say I am stunned, because the noble Lord is wholly reasonable. It is a pleasure to hear his words.
I should just say in response to the noble Baroness that the consultation took place in the first half of 2025. They are not together, because self-evidently they are not together, but the fees regulations will come within 12 to 18 months. All I can say is that a huge amount of work is going on in my department in respect of both maritime legislation, a lot of which is in statutory instruments as we have discussed, and aircraft safety, because both are related to international conventions, to get over the large volume of work created by the withdrawal from the European Union. She can be assured that work is going on at pace.
It is evident that the results of the consultation, which were wholly positive in this respect, are very helpful. I would be much more worried not by its speed but if the consequence was that the maritime industry felt short-changed or uncomfortable with what is being proposed. It is pretty clear that it is not.
I think I have answered all the points that were raised. I am very grateful to the noble Lord, Lord Moylan, for his absolute support, as I am to the noble Baroness, Lady Pidgeon, for hers. It is vital to ensure that all UK-flagged ships carry safe marine equipment that has been approved by the flag state. Consolidating the 2016 regulations and amending regulations into a single instrument will provide clarity for stakeholders. I am very pleased that both noble Lords got such a comprehensive briefing from the maritime agency. Therefore, I hope they will agree that the objective of these regulations, which is to simplify marine equipment regulations while maintaining high safety and environmental protection standards for UK ships, is desirable. I commend this instrument to the Committee.
(2 days, 8 hours ago)
Lords ChamberTo ask His Majesty’s Government what assessment they have made of the annual number of serious injuries and deaths on the roads.
My Lords, the annual report on road casualties in 2024 was published on 25 September. Sadly, it detailed 1,602 fatalities and a total of 29,467 people killed or seriously injured. These are awful numbers, but, in the last decade, they have largely plateaued. We are committed to reducing them and making our roads safer than ever by publishing the first road safety strategy in over a decade.
I thank my noble friend the Minister for that helpful Answer. This week sees the World Day of Remembrance for Road Traffic Victims. For me, this is a deeply personal issue. My brother Magnus died exactly a year ago today, having spent four months in Addenbrooke’s Hospital following a crash between a van and his motorbike. Bedfordshire Police attending the crash failed to collect evidence, failed to pursue the crash, failed to breathalyse the van driver involved in the crash and failed my brother’s immediate family in their ongoing search for the truth of the cause of this crash.
Magnus’s family are extremely grateful to Tim Blackwell, a trustee of DocBike, a growing national charity determined to reduce the number of accidents and victims of motorbike crashes, for supporting them in their fight for justice. Magnus became one of the 30,000 or so victims and the 1,800 or so deaths on the road last year that the Minister mentioned. If these numbers were victims of, say, knife crime, there would be a public outcry and appropriate action taken. So I ask the Minister what specific plans the Government have to significantly reduce these shocking figures?
I am sure the first thing to say is that your Lordships’ House will join me in offering our condolences to my noble friend on the loss of his brother. The road safety strategy will be comprehensive, covering all road users. Measures being considered include improving enforcement, the better use of vehicle data and modern technology, targeted measures for vulnerable road users, including motorcyclists, who are 1% of traffic but, sadly, 21% of fatalities and 20% of casualties, and changes to motoring offences.
Baroness Pidgeon (LD)
My Lords, clearly our thoughts are with the noble Lord, Lord Lennie, and his family, for the sad loss he outlined in his question. As we heard, over 1,600 people die and around 30,000 more are seriously injured on UK roads every year, but this is not inevitable and we should not accept it as inevitable. As the Government develop their new road safety strategy, will they be guided by the internationally recognised safe system principles, which are grounded in harm reduction?
The noble Baroness is right that that international system is a good guide. We recently discussed it in this House during the passage of what is now the Bus Services Act. I can confirm that the Government intend to use that guidance, because it is internationally recognised and successful.
My Lords, our condolences go to the noble Lord, Lord Lennie. In fact, as the Minister said, motorcycle users made up over 20% of all road deaths in 2024, and many of these take place on rural roads and away from junctions. Have the Government considered reducing fatal outcomes among motorcycle accidents by mandating emergency notification technology for motorcycles, similar to the automatic eCall system now mandatory in cars, and will that form part of the road safety strategy?
The Government will look at the use of all modern technology. There has not been a recent road safety strategy and, as the noble Lord sets out, technology has moved on a long way. So we will look at that, because, when an accident occurs, getting help to victims of the accident as soon as possible is obviously life-saving.
Lord Wigley (PC)
I think we are distinguishable.
Is the Minister aware of the figures in Wales for the reduction in road accidents and road deaths following the reduction of the speed limit to 20 miles per hour? Although that has been controversial in some areas and needs to be adjusted, none the less, if people’s lives—children’s lives—can be saved by such a change, surely that can be studied more broadly, and should not the insurance companies be reducing the premium that road drivers pay for their insurance cover in circumstances where the number of accidents is reducing?
The noble Lord makes a good point. I saw recently some very revealing figures on the reduction of accidents in Wales as a consequence of the imposition of the 20 miles per hour speed limit, although there are other views about its blanket introduction; the Government’s view is that introducing lower speed limits where it is appropriate produces the best result. I do not know about the insurance companies in terms of imposing speed limits, but we know that insurance companies should take note of better drivers and, increasingly, technology enables those companies to know where, when and how people are driving.
My Lords, I also express my condolences to the noble Lord.
The Minister will be aware that yesterday in Australia it was announced for the first time that the number of road deaths caused by taking drugs exceeded the number of deaths caused by drink-driving. Given that, since 2013, the number of deaths caused by taking illegal drugs has increased by 70%, it is a matter of time before we get to that position. Will the noble Lord commit to the same kind of campaign that was waged over a generation to reduce deaths by drinking, by ensuring that people who take drugs have a certainty of being caught?
I was not aware of the recent Australian statistic, but frankly the noble Lord makes a good point and I am not surprised. To address this increase in drug-driving casualties over the last decade, which is manifesting itself increasingly every year, the Government intend to use the THINK! campaign and is finalising a new drug-driving campaign to launch later this year.
I thank my noble friend for the Question. The Minister was very sympathetic to my question about reducing the drink-drive limit last time. He did not go further than being sympathetic, but can he respond to the amendment to the Crime and Policing Bill tabled by the noble Earl, Lord Atlee, about random breath tests? Also, what is his reaction to the idea of “alcolocks”, because the majority of people found drinking and driving are repeat offenders?
I am grateful to my noble friend, who did indeed ask that question about drink-driving. We will consider these matters further. My noble friend dealing with the Crime and Policing Bill has a number of amendments to deal with. I am sure that we will deal with them then.
Can anything be done about cycling on pavements?
Yes. It is a really bad thing to do. I will write to the noble and learned Baroness rather than riffle through these papers. Increasing the ability of local authorities to deal with what look like minor transgressions of behaviour but actually badly affect vulnerable people and their confidence and ability to move around. This Government are committed to doing something about it. I will write to her.
My Lords, I was not entirely comforted by the Minister’s answer on “alcolocks”. An alcolock is a breathalyser device that is linked to the ignition of a car, which means that somebody who has been drinking cannot start their car. This would massively reduce drink-drive casualties. Can he be a bit firmer on it?
I can certainly be a bit clearer about it, because there are public service vehicles that are fitted with the same technology, for some very obvious reasons. It is right to consider all these measures in the round. That is why we are revising the road safety strategy.
My Lords, does the Minister understand the agony and trauma of losing a much-loved child? A teenage driver, having passed his driving test six weeks earlier, killed his three passengers on the way home from school. If the Minister does understand, what is he going to do about these teenage drivers?
I very much understand the tragedy that the noble Baroness describes, and indeed my ministerial colleagues have met some of the families of victims and of young drivers who have killed their friends and family. It is deeply distressing. The Government are committed to doing something about this. The current THINK! campaign is entirely addressed at young drivers, for this very obvious reason. People are very vulnerable when they start driving and do not have the experience. The Government recognise this and will consider it further in the road safety strategy review that I mentioned.
(1 week, 3 days ago)
Lords ChamberThat the draft Order laid before the House on 8 September be approved.
Relevant document: 36th Report from the Secondary Legislation Scrutiny Committee. Considered in Grand Committee on 10 November.
(1 week, 3 days ago)
Lords ChamberTo ask His Majesty’s Government what advice they have received regarding the implications of net airport expansion for the United Kingdom’s net-zero target and economy.
My Lords, the Climate Change Committee, CCC, is the independent adviser to the Government on climate change commitments, including aviation. The Government have committed to routinely engaging the CCC as part of the Airports National Policy Statement review on how expansion can be made consistent with our net-zero framework. We continue to work closely with the aviation sector on decarbonisation and growing the economy, including through the Jet Zero Taskforce.
My Lords, the aviation industry will never be environmentally sustainable, and this Government really ought to understand that. At the moment, the 15% of people who take 70% of the flights are protected from paying fuel duty, whereas train travellers are not, and potentially EV drivers as well. Therefore, why not tax frequent flyers, make train fares cheaper and leave EV drivers alone?
This Government are making huge efforts to make the aviation industry more sustainable. There is a Bill before the House on the sustainable aviation fuel policy. The Government are also pursuing airspace modernisation and providing up to £2.3 billion over 10 years to extend the Aerospace Technology Institute programme, supporting the development of next-generation sustainable technologies. The distance-band structure of the air passenger duty already ensures that those who fly furthest and have the greatest impact on emissions incur the greatest duty. Similarly, given that the air passenger duty is charged on all UK departing flights, those who fly most often pay more.
My Lords, rather than discouraging air travel, surely the aim of the Government should be to encourage sustainable aviation. Can my noble friend the Minister say a little more about what progress we are currently making on the sustainable aviation fuel targets?
I thank my noble friend for his question. The sustainable aviation fuel mandate, which is already in force, seeks to reduce aviation emissions by up to 2.7 of a unit that I cannot describe—it is called MtCO2e, if anyone here knows what it is; I am sure someone does—in 2030 and by up to 6.3 in 2040. A lot of work is going on, and the House will shortly debate the Sustainable Aviation Fuel Bill, which seeks to increase manufacturers’ sustainable aviation fuel. Together with the investment I already discussed for the Aerospace Technology Institute programme, this will all contribute to a future sustainable aviation industry.
Baroness Pidgeon (LD)
My Lords, what specific work are the Government undertaking to understand the emissions not only from aircraft but from the surface-access and freight traffic associated with airport expansion? How can the Government meet net-zero commitments while supporting airport expansion at Gatwick and Heathrow?
Previous Questions in this House have dealt with the construction of the third runway in relation to carbon. The Government expect those two schemes, which are being taken forward, to demonstrate how carbon reduction applies not only to the construction of the runway itself but to the freight traffic and surface transport implications of the third runway. Those factors will be taken into account. There is no reason for the expansion of Gatwick—and, for that matter, of Stansted and Luton—to be incompatible with that of Heathrow. Heathrow is the UK’s only hub airport and deserves to be of a size that can increase economic growth for the whole country.
Following the question from the noble Baroness, Lady Pidgeon, I would like to help the Minister. The current Airports National Policy Statement states that it expects Heathrow to have
“landside airport-related traffic … no greater than today”—
namely, in 2018, when the document was published. Can he state—I think this would help the noble Baroness —whether the same requirement will appear in the new airports national policy statement, which will appear next year and be the basis for the Heathrow expansion?
The noble Lord will of course recognise that things should have moved on from 2018 but have not. This Government are determined for the first time to move forward with the expansion of the UK’s only hub airport. The statements made in the Airports National Policy Statement in 2018 will be reviewed in the light of the two proposals the Government are currently pursuing, and we will choose one of them before the end of November. The necessary alterations to the draft new airports national policy statement will be available next summer.
My Lords, can the Minister answer a question that is very puzzling to me? When we proposed airport expansion, it was about increasing business traffic into this country. Since Covid, that has simply not been the case; so much business is done online, and in fact, what we are benefiting is tourism. A recent report from the New Economics Foundation found that in 2023, we exported £41 billion abroad, and this is a deficit. What is the logic, given that we are all encouraged to do things online, of vastly expanding our airports right now?
Heathrow is as congested now as it was before Covid, and it will remain congested unless more capacity is given to it. The previous questions on this subject in a short debate we had a few days ago rightly suggested that not only human traffic but goods and services are important—although we did have a debate about whether books or salmon were the most valuable or frequent commodity to be transported. The point is this: the airport is full, it remains full and for the benefit of the British economy, we need to expand it in order to get more flights and build the economy in this country.
My Lords, I share the concerns expressed about the environmental disbenefits of a third runway at Heathrow Airport, while understanding the potential economic benefits. As the Bishop of London, I have spent time with Reverend Richard Young of St Mary’s Church Harmondsworth, and with residents whose homes and communities lie within the proposed demolition zone of the third runway. They have faced uncertainty for decades, and under the potential proposals, they will continue to face uncertainty for years to come. What are the Government doing to allay their fears and the uncertainty faced by these communities, and to ensure that Heathrow Airport itself provides the appropriate support to them?
I thank the right reverend Prelate for her question. The best thing the Government can do is move forward on this for the first time. The debate about the third runway has been going on for years and years, and the airport is as congested as it ever was, as I said. The residents she refers to, in Harmondsworth, Sipson and other villages, have no satisfaction about the future because the future has been uncertain for a long time. The best thing we can do is to get on with this and make a decision. Of course, we would expect whoever the promoter is to actively work to look after the communities affected by the third runway development.
My Lords, I congratulate the Minister on moving on with proposals that originally came in the 2003 White Paper, which, as Minister for Transport, I had some hand in. I also point out that our very successful aviation industry is beneficial not only to the economy as a whole but very much to local communities around our main airports, providing well-paid, unionised jobs. Will he get on with it?
Well, what can I say to my noble friend, who not only asks this question but gives all the answers as well? I think that will do.
My Lords, the Government are absolutely right to be pressing ahead with the expansion of Heathrow Airport; it is long overdue. The Sustainable Aviation Fuel Bill will, I hope, answer some of the questions about the environmental impacts.
However, I am concerned about the debate between a short runway and a long runway. Whatever the outcome in the medium term, may I seek assurance from the Minister that we will at least still go ahead with the DCO for the full plan? If we do not, we are going to end up short-changing ourselves again. In the end, Heathrow needs to expand, and it needs to expand properly. Please ensure that that is what happens.
I thank the noble Lord for that. That is a premature request, because he will know—and maybe the rest of the House does as well—that the two schemes being taken forward are different, and the length of the runway proposed is different. A decision such as the one he suggests ought to be taken as we go forward with one of the two schemes.
(1 week, 4 days ago)
Grand CommitteeThat the Grand Committee do consider the Protection of Freedoms Act 2012 (Definition of Relevant Land) (Amendment) Order 2025.
Relevant document: 36th Report from the Secondary Legislation Scrutiny Committee
My Lords, the purpose of this draft order is to extend Schedule 4 to the Protection of Freedoms Act 2012, which I shall refer to as the POFA to save time. This will ensure that the recovery of unpaid parking charges on railway land is enforced consistently with other private car parks and has the relevant safeguards provided for users of those car parks, including an independent appeals service. It will also ensure consistency in the regimes applying in railway car parks across the railway network through the extension of this order to cover England and Wales.
Noble Lords will wish to know that, after the draft order was laid on 8 September, it was formally cleared by the Joint Committee on Statutory Instruments in its Thirty-fifth Report of Session 2024-26. Likewise, the Secondary Legislation Scrutiny Committee formally cleared the draft order as an instrument but named this amendment as an instrument of interest to the House in its 36th Report of Session 2024-26. Prior to this, my department had responded to preliminary inquiries from the committee’s clerk.
The background to the draft order is that railway operators currently use a combination of enforcement regimes to recover unpaid parking charges at railway station car parks, resulting in inconsistency and complexity for operators and passengers. Some operators rely on criminal enforcement set out in the Railway Byelaws, while others use agents who rely on contractual agreements with motorists. With the introduction of Great British Railways, my department expects a consistent level of service to be offered across the network to passengers. Therefore, the order will bring car parks located on railway land within England and Wales into the scope of the same civil enforcement regime that applies to all other car parks on private land.
Previously, railway station car parks were excluded from the POFA because they were subject to the Railway Byelaws, which meant unpaid parking charges could be enforced only under those by-laws. The POFA made a number of changes to the law related to parking on private land. It bans vehicle immobilisation and/or removal without lawful authority and provides private landholders with additional powers to pursue the registered keeper of a vehicle for unpaid parking charges, providing certain conditions are met. Schedule 4 to the POFA facilitates the recovery of unpaid car parking charges from the keeper or hirer of a vehicle parked in a private car park. It sets out detailed requirements regarding the provision of notices and the appeals process. However, as I have said, railway station car parks are currently excluded from this regime.
The change which this order enables will ensure a consistent civil enforcement regime for all railway station car parks across the future Great British Railways network. It will ensure that passengers have the same protection that they would have when parking in other car parks on private land, including access to an independent appeals service. An industry consultation showed support for amending the Railway Byelaws to remove criminal liability for parking breaches and instead using the civil enforcement regime set out under the POFA regime.
These changes will standardise the approach to the recovery of unpaid car parking charges from the keeper of a vehicle parked in railway station car parks. To support this order, changes to the Railway Byelaws will be made at the same time to remove the criminal enforcement regime which is currently in place and allow this amendment to take effect. This shift from the criminal enforcement regime to the civil regime provides passengers with an independent appeals service and allows the same framework to apply to railway station car parks as applies to all other private car parks.
I have highlighted the importance of this order to ensure that passengers have access to a consistent civil enforcement regime when recovering unpaid parking charges on railway land and an independent appeals service. I therefore beg to move.
Baroness Pidgeon (LD)
I am pleased to speak in the debate about this amendment order. As the Minister has set out, the order amends the Protection of Freedoms Act 2012 to bring land subject to the Railway Byelaws within the definition of relevant land to facilitate the recovery of unpaid car parking charges from the keeper or hirer of a vehicle parked in a station car park. This will bring simplicity. It brings railway car parks into line with other car parks, which will allow private parking operators to pursue the registered keeper of a vehicle rather than just the driver for unpaid parking charges, which has been an anomaly for some time.
The consultation on this matter was launched in 2020, so I ask the Minister why it has taken over five years for this small order to appear before the House. It seems uncontroversial, and over five years seems a long time. I know that signage costs were one concern raised in the consultation, but the background note explains that budget provisions have been made to cover this, so that should not be a reason for the delay.
In principle, we welcome this rather technical change and the fact that a consultation took place. However, as anyone who has been an MP or an elected member of a council or an assembly knows, parking and parking fines are always controversial. MPs and councillors receive much casework expressing frustrations and problems with many car parking operators and providers, who often lack transparency and are unaccountable; they can sometimes seem unreasonable. Clear and new signage that is accessible is welcome, but what is the timescale for implementing the new code for private car park operators, which has been consulted on recently?
The public need to have confidence in the overall regulatory framework covering private car parking providers to ensure they have greater transparency and consistency, that they are not being unfairly penalised and that they have that forum for appeals when things have gone wrong. Will the Minister ensure that resources are in place so that operators comply with the forthcoming code, particularly regarding signage, fair changes and independent appeals?
Finally, I understand the Government’s assessment that a statutory review of these regulations was judged disproportionate. However, will the Minister commit to revisiting that decision if there is evidence of unforeseen consequences for operators or users of the relevant land from this order? I await the Minister’s response with interest.
My Lords, this instrument seeks to amend the Protection of Freedoms Act. The moment one sees a Labour Government fiddling with our freedoms, one is naturally anxious as to what they have in mind. That Act was one of the great achievements of the coalition Government—in fact, it was a Liberal Democrat-inspired achievement—from those happy days when the country was run by a quad of David, George, Nick and the red-headed guy, whoever that was, but now it is being amended, so one looks very carefully at what is proposed. In fact, as the noble Baroness, Lady Pidgeon, said, it is much less dramatic than it might be and it is, in essence, to do with enforcement at railway station car parks.
However, I have some questions. I am interested in the thinking and timing behind this order, particularly in how it fits with the proposed architecture of the rail reform Bill, which was published for the first time last week and is, therefore, now available to us so that we can scrutinise the Government’s plans for railway reform.
The basic position is that car parks at railway stations are currently covered by railway by-laws. What is wrong with that? It turns out that the by-laws are unsatisfactory in some respects. So it was open to the Government to come to this House with a view to amending the railway by-laws that govern station car parks—keeping it all within the railway family, if you like—but that is not in fact what they have done. The Department for Transport has not taken us down that track; instead, it is, in effect, outsourcing the whole matter to an MHCLG code of conduct. How does that fit with our plans for a single directing mind for railway infrastructure?
The department is also doing this at a very strange time because, again, as the noble Baroness, Lady Pidgeon, pointed out, the Government are in the process of consulting on a new code for the private enforcement of car parking. I believe that the consultation closed only in September, which is very recently. Of course, it is too early for MHCLG to have finished its consideration of that consultation or to have issued its plans for the future, so we do not know what we are actually being invited to impose on drivers who are parking their vehicles in railway station car parks.
The noble Baroness, Lady Pidgeon, complained, quite rightly, that it has taken five years since the consultation was undertaken to bring this order forward. My complaint is that, now that it is coming forward, it is being done in a very rushed manner when, given where we are with the consultation on the code of conduct, it would be a great deal more sensible if the instrument were to wait until we knew what that code of conduct said. Indeed, one would have thought that the train operating companies currently being absorbed into the Department for Transport—that is, the train operating companies or Great British Railways, which is going to replace them—will want to know as much as I do about what the enforcement regime will look like, once the new code of practice is in place, before they relinquish their powers under statutory by-laws, which, as I understand it, the Minister can extinguish without reference to Parliament.
In general, if the Government want to do this, the Official Opposition will not stand in their way, I think, but this seems to me to be a very strange thing for the Government to want to do just at the time when they are putting in place a single directing mind covering all rail infrastructure—in effect, handing this over to a statutory structure that will be dominated by a parking code of practice which was issued by a different government department and which is not even available to us at the time when the Department for Transport is relinquishing these powers.
My Lords, I thank all noble Lords for their consideration of this draft order. I am grateful for the scrutiny and interest shown in ensuring that our railway and car parking legislation remains coherent and fit for purpose.
I will first respond to the points made by the noble Baroness, Lady Pidgeon. The consultation was launched a long time ago. Although I cannot account for periods of time before this Government were elected in mid-2024, it is clear that several factors around the cost of the change and how it would affect train operators’ revenue required resolution before this could proceed. As the noble Baroness remarked, these impacts are now funded and budgeted for, and this draft statutory instrument is being aligned, as has also been remarked on, with the Ministry of Housing, Communities and Local Government’s private parking code of practice. In answer to both the noble Baroness and the noble Lord, Lord Moylan, that is to avoid duplicate signage changes and ensure consistency across the parking industry. Although it has taken a long time, it is clearly the right thing to do.
(3 weeks, 1 day ago)
Lords ChamberTo ask His Majesty’s Government what information they intend to publish about the proposals they have received for a third runway at Heathrow Airport before announcing any major decisions.
My Lords, Heathrow expansion will support UK competitiveness and economic growth. In June, the Secretary of State invited proposals; several were received, and two remain under active consideration. My department will decide on a single scheme by the end of November to inform the Airports National Policy Statement review, which was launched on 20 October. Proposals will not be published by the department, in accordance with the Secretary of State’s letter of 30 June to potential promoters, though some have independently released details of their schemes.
My Lords, Heathrow expansion is an absolutely enormous project, and there has been remarkably little public engagement. Before deciding between the two remaining bidders, will the Government agree that they should engage in public consultation, particularly on the costs that will flow through to passengers as a result of the regulatory structure, so that they are aware?
The launch of the Airports National Policy Statement review on 22 October is one of the significant steps that the Government are taking to support the expansion of Heathrow. The review has begun before final scheme selection to allow early policy and analytical work. Public consultation will, of course, take place. Round tables with key stakeholders will be held during the review and consultation phases. The further DCO process afterwards will include statutory consultation and public examination.
Baroness Pidgeon (LD)
My Lords, given the significant congestion already around Heathrow Airport and the impact on local communities, will the Government be making improved public transport access a condition of any plans for Heathrow expansion, in particular for southern and western rail links?
The noble Baroness will know that, on Monday evening in this House, we discussed the Statement made in another place on Heathrow. She is right—I said so then, and I will say so again—that the public transport links to and from Heathrow must be a critical feature of any proposals put forward by any promoter. There are, as she mentions, schemes for southern and western access. The Elizabeth Line has significantly improved connectivity to the airport since it opened, and we await promoters’ proposals for public transport links to the airport.
My Lords, at the same time as considering proposals for Heathrow, would the Minister, using his huge talents, give his full support to the Mayor of Doncaster, Ros Jones, for the reopening of Doncaster Airport, which is vital for regional economic growth in Yorkshire and the Humber?
My noble friend raises a point that has been raised here before. The Government have put themselves out, as they should, to support the reopening of Doncaster Airport, and of course we will support the Mayor of Doncaster in the aspiration to have better connectivity for that part of Yorkshire.
My Lords, the debate over Heathrow expansion, which I strongly support—and I draw attention to my entry in the register about working in the aviation industry, albeit not at Heathrow—is often couched in terms of passenger flights. In terms of the Government’s decision-making, what consideration are they giving to the fact that more than £200 billion-worth of trade goes through Heathrow, including a majority of trade in some very important sectors, such as our world-leading pharmaceutical industry?
A number of noble Lords are re-running the debate we had on Monday evening. The noble Lord is right that 72% of UK air freight by value goes through Heathrow because it is the only hub airport in Britain, and that is why the Government are so keen to expand it. The noble Lord is right that the value of air freight to international trade to and from Britain is an important issue in considering the expansion of the airport.
My Lords, can I just challenge this issue of air freight? High-value air freight takes up very little capacity in the holds of aircraft. In fact, we could double the high value, and scarcely no one would notice. Will the Minister confirm that the majority of air freight by bulk and by weight is fish, followed by books, with medicines coming up third? In fact, the Scottish farming industry would do much better if, instead of hubbing all its fish and Scottish passengers down to London, BA ran direct flights from Edinburgh to New York, the route which is most useful for fish.
I had a feeling that fish and books would come up again because they came up on Monday. Of course, value and size are two different things. The point of an international hub airport—of which I should continue to say we have only one and we will have only one, which is Heathrow—is international connectivity around the globe. Expanding an international hub airport should mean more connectivity to more places, and that will enable more fish and books and salmon to be sent all around the globe.
My Lords, as part of the assessment of the two remaining bids for the third runway, will my noble friend take into account the additional carbon footprint of the additional planes, the concrete and steel that go into the construction and any other transport that is needed to service the passengers?
My noble friend is right that the carbon footprint of building a third runway and operating the airport is significant. The Government have made it clear that any proposed scheme must meet four clear tests, of which aligning with our legal obligations on climate change, including net zero, is one. He is also aware, I think, that the construction industry is moving forward with more carbon-friendly methods of construction, and I think it reasonable that the Government and the country expect a successful scheme to be carbon friendly, if not carbon-neutral, in construction.
My Lords, lest there be any doubt, I was here for the beginning of this Question—I was on the Steps. I am sure my noble friend recalls the plans for expansion at Stansted Airport, which extended over more than a decade, 20-odd years ago. They did not, in the end, come to anything of any significance, but there was a lot of collateral damage in the form of compulsory purchases and other acquisition of land that then had to be fed back into the system, and many people suffered as a consequence. Can he reassure us that, when whatever plan is brought forward for expansion at Heathrow, if it is, it will attempt not to put people in that situation again?
My noble friend raises an important point. The history of airport expansion in Britain is not particularly happy, and a number of proposals have taken a very long time. Indeed, the previous Government’s ANPS did not go anywhere. This Government are determined to make progress in these areas. My noble friend is right that the long-term uncertainty of failing to progress with plans leaves many people uncomfortable or worse. The Government are determined to make progress and have set themselves targets in getting to the DCO and building this thing so that people can be uncertain for as little time as possible and the certainty is as great as possible thereafter.
Will the Minister say whether it is possible for the Government to buy my ex-wife’s house, which is right near the runway? It is absolutely appalling when you go down there. If the Government are going to make billions and billions of pounds for the UK, then perhaps they should be spending some of that money on improving the lives of people who live under the flight paths, because they are going to be adding an enormous amount of worry and concern to people living down there.
I am sure the noble Lord will recognise that it would be unusual for a Minister to commit from the Dispatch Box to buying somebody’s property, but the noble Lord’s more serious point is about noise commitments. Any scheme that comes forward should meet the Government’s four clear tests, of which one is that it is consistent with our noise commitments. I would expect promoters not only to meet the Government’s commitments about noise but look at the effect on properties immediately adjacent to the runway that they propose to build.
(3 weeks, 4 days ago)
Lords ChamberMy Lords, I think the place to start here is to say that it is quite clear that having more capacity for an airport that has been at capacity for two decades is a really important step for economic growth and the future of our country. Heathrow is the only international airport hub in Britain: it deserves to function properly and for the economy of the nation.
I shall refer first to the points made by the noble Lord, Lord Moylan, many of which seemed to me to be, on the whole, a criticism of his party’s previous actions in government rather than a critique of what this Government are doing. The fact that the last review took an awfully long time to get to not much of a conclusion is not necessarily a criticism of how this Government intend to proceed. Indeed, we believe that we have a realistic timetable to do so.
The noble Lord assumes that one of the two schemes being taken forward at present, the scheme from Heathrow Airport Ltd, is the one that will be pursued, but that is not an assumption that this Government are making, because we will consider more fully the two remaining schemes to be considered, which differ and clearly have different implications and prices. It is important that they are considered in comparison with each other. Part of that consideration, as the noble Lord notes, is whether they are financeable: what they cost and how they are going to be funded.
It is right that the Civil Aviation Authority looks at the framework for economic regulation. That is, as the noble Lord says, what it does, but it needs to look again in the circumstances in which we are contemplating such a large-scale expansion of the principal—the only—hub airport in Britain.
The noble Lord says that the Government have a lot to do to show that this process is credible. The Government are starting on that process with every intention of showing that it is credible, to do something that previous Governments have not done, with a timescale that is tight but very realistic.
In respect of the comments made by the noble Baroness, Lady Pidgeon, that expansion is a mistake, the first thing to say is that is hard to see what else you can do, as this is the only hub airport in Britain. There is no other scheme that will create such a hub airport. Therefore, contemplating a third runway is, we believe, the right thing to do. She asks whether the four new tests will have to be met in their entirety, and the answer is yes, they will. That is quite clear; it has been said from the beginning. We know what the tests are and the aspirants to build the third runway will have to meet them. We will also take the advice of the Climate Change Committee, to which the Secretary of State in the other place is about to write.
The noble Baroness makes the point about noise. One point that was also part of the Secretary of State’s Statement last week was establishing the UK Airspace Design Service in order to look at airspace design for the London region, supporting both Heathrow and the wider network, and also seeking to make flight paths more efficient so that planes spend less time over London, together with slot reform that maximises benefits at Heathrow and the other airports in the south-east of England.
On the noble Baroness’s comments about surface access, I was reading the letters sent to the two successful applicants, and she is right that they refer to construction of roads, but that is not to the exclusion of the rail access points that she refers to. Indeed, it is quite clear that aspirants to build the third runway will have to look at public transport connectivity to the airport. I think that is really important. She mentioned both the southern and western links and the future of the Heathrow Express, and it is quite clear to us that aspirants will have to reference those links and any others that they propose to put forward in order to have an acceptable policy for surface access to the airport.
The Government do not believe that they are misguided. They believe that they are setting out a coherent, speedy but sensible programme to establish the third runway.
My Lords, I declare my interest as chair of InterTrade UK. I welcome the intent behind this Statement eventually to proceed with the third runway for Heathrow. Connectivity is so important, particularly for those of us who cannot take the train to London and need that connectivity through our hub airport. One of the work programmes for InterTrade UK is to look at UK connectivity to enable trade to work better across the United Kingdom. Can the Minister confirm that when this process proceeds, regional connectivity and the benefits that come with that, particularly for trade, will be at the forefront of His Majesty’s Government’s mind?
I thank the noble Baroness for her contribution. In a very modest way, I have some background on the connectivity of the United Kingdom. It is of course the Government’s intention that a third runway would enable better connectivity to Heathrow from a variety of places within the United Kingdom. One of the difficulties with running an airport that is at 95% capacity and has been for a very long time is that this rather stifles internal connectivity for external international flights. The Government expect a third runway to facilitate more of that, so that there is more connectivity from various places within the United Kingdom to a lot of places outside it that can be accessed only from a hub airport.
My Lords, I thank the Minister for his comprehensive comments. I have a special interest, as I worked out of Heathrow for 25 years. So I was at the sharp end of delays, and we definitely needed further runway capacity.
It is ironic that Heathrow was built over six runways. Over the decades they built on four with various terminals, and ended up with two. My criticism is for all sides and all Governments, because none were bold enough to look 25 years ago at building a third runway, notwithstanding that Heathrow is the major airport in the United Kingdom. It is not just about London.
The noble Baroness, Lady Pidgeon, made a point about sustainability and the environment. This is a red herring, because so much has been stopped by these environmental arguments. Notwithstanding the aerospace sector, we build the cleanest, greenest aircraft on the planet. Aviation is responsible for 3% of CO2 worldwide and approximately 4% across Europe, which does not mean to say that we always aim to improve these sorts of things, so that is rather a negative argument.
At present, the two runways are running at 98% capacity, and just a little fog or a delay sends things into a turmoil. So I support the Government’s decision to back the building of a third runway, and what we did before we lost power. It is tragic that these infrastructure projects are delayed. Notwithstanding that, I question the projected amount of money: £40 billion is ludicrous, and I am sure that businesses can come up with a far better figure.
The reason why we do not have a third runway is nothing to do with the Government Benches or the Conservative Party: the reason, and why we have the problems with Heathrow expansion, is because of the Liberal Democrats. The noble Baroness explained perfectly all the reasons why we should not have one; it really is not good enough in 2025.
The noble Baroness could answer.
I am not entirely sure that there was a question in there, but I am old enough to remember flying from the ex-RAF huts on the north side of the airport, so I am sure that Heathrow did have six runways at that stage. If nobody was bold enough to advocate this 25 years ago, it is about time some Government got on with it, and this is the Government who are going to.
My Lords, I understand the economic arguments for the expansion of Heathrow, and the connectivity arguments we just heard about. However, I want to address the issue of overflying, which was mentioned earlier.
I was a Member of the other place for a long time, always for an east London constituency. Throughout that time, I dealt with issues of overflying, largely to and from London City Airport but, to a surprising extent, to and from Heathrow. One of the problems was that the technology advanced in such a way that the flight patterns were narrowed. That meant that fewer homes were being overflown, but those that were had a much more intense time of it, and the misery of the noise was compounded.
My noble friend may not be able to answer this question now and may want to write to me, but can he say something about mitigating the noise factors? That might include using advanced aircraft, which we are always assured are going to be cleaner, greener and quieter. Whether or not that happens—the noble Baroness, Lady Bennett, seems to be having an uncontrollable fit of the giggles—perhaps he could talk about that and how the technology might develop to mitigate the problem of overflying.
I thank my noble friend; I will have to write to him because I am not a technology expert. All I will say—not in passing because it is a relevant factor—is that aircraft were far noisier 20 years ago than they are now. I realise that that does not mitigate against more of them, but part of this work is undoubtedly figuring out the best way of managing the airspace—for the benefit of landing and taking off, and of the communities underneath the planes. If I have anything useful to say about technology and noise, I will write to my noble friend.
My Lords, I am aware that the Minister is not responsible for the detail of this Statement. None the less, in the first substantive paragraph there is a statement that I suggest requires correction:
“Britain wants to fly”.
A report published in June from the New Economics Foundation states that in the last 20 years, the number of passengers flying in and out of Britain has grown dramatically, from 220 million to 300 million. Of that increase, 63% is the result of UK frequent flyers and 24% the result of foreign residents, many of whom will also be frequent flyers. In the last 20 years, the number of UK residents not flying at all each year has increased. In terms of total flight numbers, ultra-frequent flyers—those taking six or more return flights each year—is less than 3% of the population, yet they make 30% of all the journeys taken by UK residents. Therefore, it is not the case that Britain wants to fly. A very small number of people want to fly very often, and they inflict the air pollution we have heard so much about, the noise pollution, the climate impacts and the associated traffic congestion, on all the people who are not flying.
I have no doubt that the noble Baroness has the right figures in front of her, but her conclusion is not necessarily correct. The purpose of this is economic growth. Supporting growth in the economy is the number one objective of this Government. In terms of who flies, her statistics suggest to me that there is real business traffic at an international hub airport and that constraining that will be a constraint on the economy of Britain, which is a wholly bad thing. Whether everybody else wants to fly for recreation and leisure purposes is very important, but even more important is that the economy is stimulated by those who need to travel, and that we have a hub airport big enough and flexible enough to cope with their demands.
My Lords, I declare an interest as a non-executive chair of an aviation company, albeit one that does not operate from Heathrow. I have a couple of points to make. I strongly support what the Government are trying to do in expanding Heathrow. I was very surprised that the noble Baroness, Lady Pidgeon, who speaks for the Liberal Democrats, did not mention any of the technology improvements, including to aircraft, sustainable aviation fuel, hydrogen fuel cells and all the technology that will enable us to fly in a way compatible with our climate obligations. She did not mention any of those things, nor did she mention the Elizabeth line, a fantastic, environmentally friendly solution to get enormous numbers of people to Heathrow. Lots of that progress is going in the right direction.
As we have heard, there are lots of people who absolutely do not want this to succeed and will use every tool so that it does not. My concern, notwithstanding what I have said about the compatibility of expanding Heathrow with our climate change obligations, is that I am convinced that when—as I hope—the Government make the right decision to expand Heathrow, there will be a judicial challenge on climate grounds. I want to know what the Government are doing, first to speed up the process of that challenge, but also to make sure that, ultimately, that challenge will fail and we can make sure that this very important hub airport—not just important for passengers but also incredibly important for the amount of freight that it moves in and out of the United Kingdom—is able to expand and benefit the people of the United Kingdom.
There have been occasions on which I did not necessarily agree with the noble Lord in all his sentiments, but this time I do. He is right to raise things such as the development of aircraft technology, particularly sustainable aviation fuel, on which I hope he will support us when that Bill is considered in this House. He is right also to raise the Elizabeth line, because it makes a huge difference to connectivity to the airport, and he is right to refer to air freight. Heathrow is a principal hub for air freight, which is part of the economic benefit of having a hub airport.
In respect of the noble Lord’s question about a possible challenge, the Secretary of State in the other place said that we have announced that we are working with the judiciary to cut the amount of time it takes for a review to move through the court system, including for national policy statements and nationally significant infrastructure projects. Indeed, it is the Government’s intention to consider very carefully whether this should be designated a nationally significant infrastructure project, alongside others. We are considering that; the Secretary of State is seeking the views of the Climate Change Committee and we intend to do all that expeditiously, to proceed with this.
My Lords, on the freight issue, the noble Lord, Lord Harper, as a former Transport Secretary, will know that the primary freight exported out of Heathrow is fish. That is overwhelmingly the majority of the freight. Number two is books. The notion that there is high-value product going through the system is absolutely untrue. There is no need for additional capacity to provide that delivery. The numbers are official and can be looked up at any time.
The Minister supports the principle that a hub airport should forever expand to support economic prosperity and growth. That is not the history of aviation. There is a place for hub airports, but also for direct flights and the development of regional airports. There are many arguments that mean capacity can be delivered in many other ways, without necessarily continuously expanding a hub. Indeed, the numbers that the Government are using at the moment—I think consultants such as Frontier Economics have also been involved—to justify expansion at Heathrow are laying out not future demand but a highly speculative relationship between increased capacity and increased growth.
I am very concerned that the projections the Government are using are not even adjusted to deal with increased capacity at other London airports, never mind potential capacity at other regional airports around the country, and that we are getting into this vicious cycle of creating unneeded capacity which then leads to much more aggressive marketing to persuade more people to fly. It is almost equivalent to the utilities going out and trying to encourage people to use more energy or water. Capacity in the air is a scarce resource and we should be thinking from a far more environmental perspective. I suggest that the policy the Minister is looking at runs dangerously counter to tackling climate change. As for local environmental impact, especially noise, the policy continues to run counter. Although the industry tells us its planes are quieter, I—living under the flight path—can tell noble Lords that that is not the real lived experience under that flight path.
I hesitate to disagree with the noble Baroness because I have huge respect for her. To begin with, fish and books may or may not be valuable in themselves, though I suggest that they are probably more valuable if people air-freight them. The fact is that 72% of UK air freight by value goes through Heathrow, so if fish and books are the two principal exports through Heathrow, they must be valuable fish and valuable books. I cannot reconcile her claim that they are not valuable simply because they are the two highest categories, but the 72% figure is assured.
Moreover, nobody is suggesting that a hub airport should continuously expand for ever. We are looking here at an airport that has been at more than 95% capacity for the last 40 years. Successive Governments have sought a way of doing it, but it has not been done. It is clearly restraining the economy, and it is clearly right that a Government who seek to expand the economy look at a third runway with a view to doing something that has long been mooted. This is clearly restraining both air capacity and economic growth.
My Lords, I welcome the Statement, and I believe that there is a consensus across the House for a position where Heathrow can achieve its full potential as not only a national and European hub but an international hub. I actually find myself agreeing with the Liberal Democrats to a certain extent that there has to be proper and due regard taken of infrastructure, rail and road, and that the economic footprint of Heathrow is not just Hillingdon, Hounslow, Ealing and Brent but reaches out to the wider south-east in terms of jobs, prosperity and enterprise.
I know the Minister has a lot on his plate, not least with HS2 and finding how to plug the gap between Euston and Old Oak Common, which we have discussed on a number of occasions, but I want to press him on judicial reviews. Cosy chats with the judiciary will not cut the mustard on this massive infrastructure project. The Climate Change Act is pretty draconian in respect of the potential for judicial reviews, and I have to press him on whether he envisages primary legislation in order to assist the prospect of this huge project not being clogged up by endless judicial reviews. He will know that even the Labour Mayor of London has said he is more than willing to use the current legislation to block the expansion of Heathrow Airport.
I will make one final, parochial point. This is a holistic airport policy. I come from the perspective of someone who often uses Stansted. To me, it is a national embarrassment that people from, say, California with lots of money to invest have to fly into Heathrow Airport on the way to Cambridge and are then stuck for two or three hours on the M25 until they can reach their corporate or European headquarters in Cambridge. We need more transcontinental flights to the United States and Canada into Stansted, not just Heathrow. That is a more parochial point, but the substantive point is that the Minister cannot wish for legal certainty—he has to do something about it.
The noble Lord refers to rail connections, which we have already touched on in this debate, and it is quite clear that the two promoters of the schemes will have to address railway connections to Heathrow and not just from the London direction, good though the Elizabeth line is. He mentioned HS2 in passing; we have cracked Euston to Old Oak Common, at least, because the Government are going to fund the tunnelling machines and they will start fairly soon.
In respect of judicial challenges, but for this dinner break business we are considering the Planning and Infrastructure Bill, and my noble friend is sitting next to me ready to resume those discussions. As she points out to me, sotto voce, a great deal of the Bill is, in fact, designed to smooth the process of major infrastructure, and that is the reason that this Government are moving forward with it.
Finally, the ANPS is about Heathrow; it has always been about Heathrow. That is not to say that there are not policies that should be applied to other London airports—Gatwick, Luton, Stansted and so forth—but Heathrow is such a big issue in itself and is, as I keep saying, the only hub airport in Britain. It is right that the ANPS should deal only with Heathrow, because it is a very important matter in itself.