Asylum Support (Amendment No. 3) Regulations 2015
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Baroness Hamwee (LD)
My Lords, we should be proud that we have legislation to support asylum seekers who are likely otherwise to be destitute, so should we not be concerned if the reality of that support fails to achieve that? This House has always taken a measured, thoughtful and insightful perspective and has a particularly good track record of protecting children, who are a focus of this Motion.
In 2000, for “essential living needs”—the technical wording of the underlying primary legislation—support was set at 70% of income support plus accommodation and utility bills for asylum seekers, who are prevented from working and therefore dependent on handouts through what is often a lengthy application process. Last year, the High Court found that the Government’s assessment of the amount needed to avoid destitution was flawed and ordered a review. That review concluded that the rate for a single person without dependants was too low, so these regulations increase it for adults by 33p.
Crucially, a flat rate, at just under £37 a week, was introduced for each asylum seeker regardless of age. This change was to “simplify” the arrangements, which I suggest is a weasel word. The Government argued that families have been receiving,
“significantly more cash than is necessary to meet their essential living needs”,
because more is paid for children in a household. So now a single parent with one child receives £73.90, a reduction of £26 each week, and for a couple with two children the total has gone down by more than £30, from £178 to £147. The reductions for the main family groups range from £14 to £39 or in percentage terms from 12% to 26%. I acknowledge that accommodation and the payment of utility bills are also provided.
Let me again stress that asylum seekers are precluded from working and that asylum support, to quote Mr Justice Popplewell in the judicial review to which I have referred,
“is not ‘temporary’ in a sense which justifies any meaningful distinction from the position of those on income support”,
save as regards the non-cash items.
Noble Lords will be concerned about the cost to the public purse of any rate higher than those provided by the regulations, but that cost cannot be significant. The Explanatory Note to the regulations states that no impact assessment has been prepared because no impact on the public, private or voluntary sector is foreseen.
I realise that some noble Lords may be concerned that a fatal Motion is inappropriate, given that these regulations deal with expenditure, but the thrust of my argument will be about how essential needs are assessed and whether the assessment meets the points raised by the judgment. Whatever one thinks about the reference to there being no impact on the voluntary sector, the statement from the Government that there is no impact on public expenditure seems to answer a constitutional concern very neatly.
These changes were introduced in March but were revoked on the insistence of the then Deputy Prime Minister. They were reintroduced just before the Summer Recess. I tabled this Motion after thinking about the impact of arriving in the UK with nothing but the clothes you stand up in, which are probably inadequate for our climate, probably in a fragile state of health, mentally and physically, not being allowed to work and living on sums which I am told are 60% below the poverty line.
Following the judgment, the Home Office reviewed its calculations, and I am very grateful to the Minister for sending me details of the basic clothing that has to be bought and the food, toiletries, travel costs and other basic items that the Home Office has considered. The sample weekly grocery bills included in the package, which are said to reflect the need to eat healthily, would stand some analysis. I do not have time to include all the material sent to me by organisations which work with asylum seekers, for which I thank them, but I am struck by Refugee Action’s research: 45% of respondents reported an inability to buy fresh fruit and vegetables. Concern about a lack of healthy food was very evident, as well as dietary, cultural and religious requirements, including halal meat, and parents forgoing meals in order that their children could eat. It is not the main part of my argument that with few clothes one needs adequate drying as well as washing facilities and, unless you shop frequently, incurring the cost of travel, a fridge.
The court highlighted that the Secretary of State had not included nappies, formula milk and other special requirements of very young children. The Home Office does acknowledge that babies and children have needs different from those of adults, but there is no assessment, only a rough and ready setting-off against the economies of scale one can achieve in a family. For instance, the sample grocery lists are designed for adults and adolescents. Children’s clothes do not feature. Non-prescription medicines for infants are not included. Colic and teething were the second things mentioned by one of my fellow Baronesses; the first was how fast children grow out of shoes and they, similarly, do not get a mention. Perhaps the Home Office was defeated, as I was, by trying to find a ballpark figure for how many nappies a baby gets through. Of course, it depends, but the number cannot be negligible and certainly is not nil. There is additional support of £3 to £5 a week for babies and children under three. It has not increased since 2003 but, in any event, as the court case showed, it is intended for nutrition. To quote the judgment again,
“nappies, baby clothes and shoes which need to be replaced regularly, baby wipes, creams, soap and shampoo suitable for babies, formula milk, bottles and teats”,
were,
“recognised as essential living needs for this group”,
that is, babies and children, but were,
“left out of account by the Secretary of State in setting the level of support for them”.
It may be my misreading, but I cannot identify these essential living needs for babies and young children in the assessment which underlies these regulations.
If simply existing within these constraints is so difficult, living a life in which a child can develop, learn and grow is close to impossible. Noble Lords will be familiar with the duty on Governments to safeguard and promote children’s welfare and with the UN Convention on the Rights of the Child which include a right to a standard of living adequate for physical, mental, spiritual, moral and social development, as well as a right to play and rehabilitation. Toys and books are other items that do not feature in the Home Office calculations. While it may seem counterintuitive to older generations, access to the internet is an issue, as are the cost of transport to a library or to leisure and religious centres and school-related costs. I understand from the Children’s Society that as families now have to prioritise food above all else, social isolation is increasing.
I have focused on children, but I must add that adults in 2014 reported problems in buying clothes, toiletries, sanitary items, kitchen utensils and so on and in making the journeys that would have given them access to sources of information and advice and that they were forced to employ risky and unreliable survival strategies. These problems must continue following the 33p increase provided by the regulations.
The Secondary Legislation Scrutiny Committee has drawn these regulations to the special attention of the House on the grounds that the explanatory material laid in support provides insufficient information to gain a clear understanding about the policy and intended implementation. My noble friend Baroness Humphreys will, I hope, be able to speak to its report. I refer to a letter to the committee from the Minister for Immigration, who wrote that,
“any extra needs particular to children are comfortably offset by the economies available to a larger household”.
He also referred to economies of scale being part of the approach to support for destitute asylum seekers in Sweden, Germany and France. However, the evidence from the Home Office itself in the case last year, quoted in the judgment of the court, was that,
“other EU systems are not directly comparable because EU law allows for a wide variation in practice”.
Having had access to the explanatory material, I am even more concerned about the simplistic setting-off of items essential for babies and children on the basis of economies of scale.
Finally, I am glad to note that when the Home Office undertakes its next review, it will be holding discussions with organisations working in this area. Given the knowledge that they have and the expertise among academics and others, I urge the fullest consultation, not information by another name. The support is designed to avoid destitution. Does it do so? These regulations clearly do not avoid misery. Some noble Lords might consider a third fatal Motion in two days to be a surfeit of opportunities to express our views, but as a citizen, as well as a Member of your Lordships’ House, I am very concerned. I beg to move.
Lord Rosser (Lab)
My Lords, I have tabled a regret Motion in this debate. Although I do not want to repeat everything that the noble Baroness, Lady Hamwee, said, I do wish to make some comments.
As we know, under the Immigration and Asylum Act 1999, support is provided to asylum seekers who have made a claim for asylum, in the form of accommodation and/or cash. The Government first laid regulations introducing a flat rate of support for all asylum seekers of £36.95, regardless of age, in March this year. They reversed those regulations some two weeks later, on the final day of the last Session, as a result of what the then Government described as “reflection”. On 16 July, the Government laid the regulations again; and once again, they provided for changes in the amount of money that could be paid weekly to asylum seekers, and introduced a flat rate for all asylum seekers, regardless of age, of £36.95 per week.
Previously, children under 16 and asylum-seeking families received £53.96 per week, so the reduction represents a cut of—in round figures—about 30%. Yet it has been estimated that bringing up a child in Britain costs an additional £89 per week for the first child of a couple, and an additional £81 for a second child, excluding housing and childcare. Research by Refugee Action shows that 40% of people on asylum support interviewed said they could not afford to feed themselves or their children. Rates of support for asylum-seeking families have effectively been frozen since 2011. Given that asylum seekers are able to work only in exceptional circumstances, the reduction imposed by these regulations can hardly be said to be aimed at removing welfare dependency.
Lord Bates
I am happy to do that. We should constantly be listening, and I know that officials have engaged with people in those situations and are constantly listening to what they are finding and what hardships people are going through and looking at new data which have been made available to them. This is constantly under review; in fact, there is a structured requirement for us to undertake a review on an annual basis. If other organisations have evidence, then let them bring it forward, but noble Lords should bear in mind that we have produced our own evidence in quite considerable detail that shows to our satisfaction, as Ministers, that we are complying with that judgment set out before us. That is the reason why the changes have been made, and why I am asking the noble Baroness and the noble Lord to consider not moving their Motions.
Lord Rosser
The Minister referred to a review in 2016. When in 2016 will that review be completed?
Lord Bates
There is not a fixed time. The normal time for changing benefits, or for a review to happen, is at the end of the financial year. That could not happen this year for reasons set out by the noble Baroness at the beginning of the debate, and also because of the general election. However, the time that we would be looking at those numbers would be at about the end of the financial year, which would be March 2016. We would certainly welcome evidence and data that could be made available before then, either in the early months of 2016 or by Christmas. That could inform our assessment.
Modern Slavery Act 2015
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Lord Bates
I am certainly very happy to look into that further, if that is the case. Additional guidance has now been provided to Border Force enforcement officers to spot children coming into the country unaccompanied, or, for that matter, leaving the country. This is something that we need to look at very carefully. I will look into it and get back to her.
Lord Rosser (Lab)
My Lords, last Monday, the Minister said that he believed that “imminently, if not already” a question relating to the compliance of supply chains under the Act in respect of its modern slavery conditions was being inserted into the cross-government procurement policy. Could the Minister now say definitely what the position is in this regard? Could he say whether the Government will produce regular statements, in line with the requirements for the private sector, on the steps they have taken to ensure that their own business and supply chains are slavery-free, and, if so, will it be a cross-government statement or will there be separate departmental statements?
Lord Bates
There is an interdepartmental ministerial group on modern slavery, which meets and publishes quarterly reports—it published one just last week on its work on supply chains. The Home Office as it should, is ensuring that we lead by example across government in respect of supply chains. Of course, that question is going to be there in the checklist. It is there in a lot of cases already in departments, where they have obligations under human rights legislation to ensure that they check the status of people who are in their supply chain. We will continue to monitor that, and we will certainly continue to report on it.
Police: Funding Formula
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Lord Bates
No, absolutely it is not, but I certainly join the noble Lord’s tribute to Lancashire police constabulary. It has been judged “Outstanding”, it has produced an incredible performance, it has reduced crime by another 3% this year, and it has managed to increase its reserves by a further 30%.
The formula to which the noble Lord refers went out to consultation. The predecessor arrangements were widely criticised by all chief constables and police and crime commissioners. They wanted something simpler, more transparent and easier to understand and more stable for the future. Invariably, when you consult on something such as that, there will be winners and losers. Lancashire is making representations to Mike Penning—the consultation is open until 30 October —and I know that he is meeting Members of Parliament from Lancashire tomorrow. In the event that that decision stands, there would be transitional arrangements to dampen the effect of any changes in Lancashire.
Lord Rosser (Lab)
My Lords, given the increase of almost 18% in hate crime, which the Government themselves describe as “deeply worrying”, and the Home Secretary’s statement in the Government’s Counter-Extremism Strategy, published yesterday, that:
“We will disrupt all those who seek to spread hate and we will prosecute all those who break the law”,
what contribution do the Government think will be made to stemming and reversing that rising trend by their intended significant further cuts in police numbers—a question on which the Counter-Extremism Strategy document is strangely silent?
Lord Bates
My Lords, we published the Counter-Extremism Strategy yesterday and we will come forward with the counterextremism Bill. Part of the work that has been going on is to encourage people to come forward and report hate crimes when we see them in our community. They had been decreasing for a long period and then we saw a sharp increase. That is something to which we need to respond, and we will, in the legislation and in the strategy we have announced.
Taxi and Private Car Hire Market
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Lord Rosser (Lab)
My Lords, this is a very timely debate that the noble Lord, Lord Bradshaw, has secured, particularly given the uncertainty that now seems to exist in the taxi and private car hire market in light of the development and expansion of Uber and the recent High Court ruling that the Uber app is legal, and Uber cars are not considered to use meters.
As has been said, Transport for London has announced a public consultation on new regulations on Uber. It has said that it welcomes the legal clarity of the court ruling and that it will continue to gauge public opinion on potential changes to private hire regulations. It says that those have not been comprehensively updated for almost two decades and now need to take account of recent developments and to ensure they are fit for the future.
The Mayor of London is calling on the Government to bring forward primary legislation to give TfL the power to cap minicab numbers, the number of private hire drivers having risen substantially over the past six years, as had already been said, with the rate of applications now reaching 600 per week.
Uber, though, is not confined to London, as far as the UK is concerned; it says that it has a presence in 11 major UK cities, so this is not simply a London issue. The court ruling underlines the need to get taxis and private hire vehicle regulation right. The Government need to bring forward statutory measures to ensure that, when someone contacts a taxi or a private hire vehicle firm, they can have confidence that the firm is reputable, the price is fair, and that their safety and security are paramount.
There surely needs to be a level playing field, which no longer appears to be the case. That is felt particularly acutely within the London black cab taxi trade, which feels that its specific right to ply for hire is under threat and that the demanding standards to which it is still expected to conform, not least in the interests of passenger safety, are not being applied to competing newer operators in particular. No doubt the Minister will tell us what the Government’s position is on Uber and whether they see any need to review the relevant taxi and private hire vehicle regulations—and, if they do, with relation to addressing what issues.
The development of Uber is normally considered as representing a challenge to existing regulated taxi services. However, do the Government see its impact as stretching further than that and having consequences for the level of use of the bus and rail services in our conurbations or on the use or frequency of use of private cars, or impacting on traffic congestion or air quality? Perhaps the Minister could comment on that point.
Last week we had a debate on shared spaces and the difficulties that they could create for blind and visually impaired people. The Guide Dogs for the Blind Association also has concerns, as has been said, about assistance dog owners being refused access to taxis and private hire vehicles, and has provided a briefing on this point. The briefing states that of more than 1,100 assistance dog owners, 43.5% of survey respondents had been refused access to taxis and private hire vehicles in the past year, even though they are entitled by law to such access without discrimination. The briefing goes on to say that refusal of carriage is so common that assistance dog owners often do not report cases—two-thirds of assistance dog owners who had been refused access within the last year had not reported it. The briefing goes on to point out that, due to the nature of visual impairment, it can be difficult for a person with sight loss to identify the offending driver.
The Guide Dogs for the Blind Association says that local authorities are not required to make disability awareness training a requirement for licensing of taxis, although a Law Commission report has recommended it. The association is also calling for it to be made easier for assistance dog owners to report cases of access refusals and to increase the penalties for those committing such an offence.
In a recent Written Answer to a parliamentary Question in the Commons about what steps were being taken to address taxi refusals for assistance dog owners, the Government said:
“The Equality Act 2010 includes a legal requirement for all taxi and private hire vehicle drivers to carry assistance dogs and not to charge more for doing so”.
The Government went on to say in their written response:
“In addition to their ability to take appropriate action in the event that licensed drivers fail to comply with this duty, local licensing authorities can inform taxi and private hire drivers of all their responsibilities as licensed drivers”.
That Answer smacks of a Government declining to get involved in an issue of national application and significance, when the evidence available suggests that something is going seriously wrong. It also relates to one of the issues raised by the noble Lord, Lord Bradshaw, in opening this debate—namely, where does responsibility for regulation of the taxi and private hire market lie? Where does responsibility lie for ensuring that the regulations maintain their relevance by reflecting changing circumstances, and where does responsibility lie for ensuring effective monitoring and application of those regulations, whether it be in relation to the needs of disabled people, the suitability of operators, the reality or otherwise of fair competition, the quality of service provided or the implementation and maintenance of appropriate safety standards, including insurance?
In view of the apparent number of potential fingers in the taxi and private hire regulation pie, it would be helpful if the Minister could set out the matters related to the regulation of taxis and private hire vehicles for which the Government consider themselves responsible, and the matters for which they consider other bodies and parties responsible.
A briefing on the licensed taxi and private hire vehicle trade in London has also been provided by Addison Lee. It believes, rightly or wrongly, that regulation of the industry by Transport for London is resulting in unfair commercial advantage being given to new market entrants and it is calling on the Government to bring forward primary legislation to ensure, first, that all operators providing a taxi function are subject to national minimum standards and, secondly, to reflect recent changes in the market, including the business models of new and potential market entrants.
The Addison Lee briefing then addresses concerns it has regarding the Uber operating model, including in respect of insurance and tax arrangements, and concludes by saying that Uber London Limited is not a fit and proper person to hold a TfL operator’s licence and that the unfair commercial advantage that has been given to Uber has resulted, in its words, in the decay of traditional industries that have kept London moving for decades.
There was a report by the Law Commission in May 2014 on taxi and private hire services. That report, I think, said that there are more than 340 licensing areas across England and Wales, but that licensing officers have no cross-area enforcement powers and there are no common national standards. Matters such as whether drivers have disability awareness training or what types of criminal convictions should disqualify a person from working as a driver are left to local decision-making, resulting in a very variable national picture.
The report goes on to say that the piecemeal evolution of the regulation of taxi and private hire services has resulted in a complex and fragmented licensing system with the relationship between taxi and private hire services not clearly defined and with the balance struck between national and local rules lacking an overarching rationale resulting in duplication, inconsistencies and considerable, difficulties in cross-area or border enforcements. Continuing, the report comments that mobile phones and the internet have revolutionised the taxi and private hire trades, yet regulation has failed to keep pace.
In a report dated March 2015 on the implementation of the Law Commission proposals, the Government accept that the law that governs how the taxi and private hire trades operate is old, inconsistent and struggling to deal with internet-driven changes in passenger behaviour. The Government then refer to three taxi and private hire measures that were included in the Deregulation Bill, one of which was dropped when its implications for passenger safety were pointed out. The Government go on to claim that these measures can be regarded as the first steps on a longer path of reform which will be continued in the event that a dedicated taxi Bill is brought forward.
That, frankly, is not good enough, since it is little more than government-speak for saying that nothing of any significance is going to happen for a considerable period of time. The rate of change in the taxi and private hire business as a result of new technology, which has led to protests on our streets from taxi drivers who feel adversely and unfairly affected, and the major concerns being expressed by large private hire operators on top of the inadequacies of the present fragmented regulation arrangements and the lack of clarity about which bodies and organisations have responsibility for taking action on which issues, which I have asked the Minister to address in his response, mean that decisive action is needed with a rather greater degree of speed than the Government so far appear willing to generate. I await the Minister’s reply with interest rather than with hope.
Trafficking: Children
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Lord Bates
Of course I can, and I pay tribute to the right reverend Prelate for the significant work he has done, consistently, in this area. The College of Policing has changed its programme for providing information to and training for police officers on this; we have the national policing lead, Shaun Sawyer, working on that. The task force has been established, and the Crown Prosecution Service is also updating its guidelines and has already undertaken a number of training sessions for regional polices forces. There is still much more to be done, but a strong start has been made.
Lord Rosser (Lab)
The Minister will obviously be aware of speculation about the size of pending police cuts. How will any cuts in the size of police forces, of the kind suggested that the Government might be contemplating, contribute to addressing child trafficking?
Lord Bates
On the wider issue of policing, the noble Lord will be aware that the crime figures have again shown a fall in crime. Today, in England and Wales, the figures are down a further 8%—down 30% since 2010—and that has been done under a period of very tough settlements for the police, which we recognise. That is a tribute to the police and also to the police and crime commissioners. This is something we need to keep under review. I am confident that the Government have made it clear that this is a heinous crime; the powers in the Modern Slavery Act offer a real hope that we can get to grips with tackling the perpetrators of this crime and that it ought to be a priority.
Immigration
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Lord Bates
Where my noble friend is right is that perhaps in the past—the Prime Minister has spoken frequently about this—we have been too silent on what British values actually are. That is one of the things that we need to be more to the forefront about. We have introduced legislation on that and we are going to bring forward more legislation in the counterextremism Bill to talk up the positives of British values rather than those voices that would seek to introduce discord in our society.
Lord Rosser (Lab)
The Home Secretary said in her speech:
“We must also have an immigration system that allows us to control who comes to our country … The numbers coming from Europe are unsustainable and the rules have to change”.
Can the Minister tell the House, first, whether making significant changes to the rules affecting free movement within the EU is or is not one of the key issues being pursued or to be pursued by the Government in the negotiations with the EU prior to the forthcoming referendum on our continuing membership? Secondly, if changing those rules is being pursued, what has been the response to date from the other 27 member states?
Lord Bates
I think that the Prime Minister has made himself clear that he is not going to give a running commentary on the nature of this renegotiation. It is important that we do renegotiate our relationship on migration and particularly look at those pull factors to the UK, such as the welfare and benefits system. But, of course, there are other things which are drawing people here in greater numbers as well, such as the fact that we in this country are generating and producing more jobs than the rest of Europe put together. Unemployment is continuing to fall and employment is at its high level. We want that to benefit the people of this country—the people who are already here—rather than being another factor in why people would actually travel here.
Shared Spaces
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Lord Rosser (Lab)
As have other noble Lords, I thank the noble Lord, Lord Holmes of Richmond, for securing this debate and for his report on this issue which, as he said, was published three months ago shortly before the Recess. The noble Lord’s report is a much-needed reminder that what may seem an exciting and interesting development must be implemented with care and with the needs and requirements of all members of the community in mind.
Reference has already been made to the survey that the noble Lord, Lord Holmes, launched and its findings, with nearly two-thirds of the sample rating their experience of a shared space as poor, just under 20% as fair and 18% as good. Regarding those rating their experience as poor, this was in no way confined to those reporting a long-standing condition or disability, for whom the figure was 70%, since for those reporting no disability the figure was still 57%.
On the basis of my limited personal experience of shared spaces, I prefer using them as a pedestrian than as a motorist, but then, I do not have a disability. When using a shared space as a motorist, my concern is certainly not that I need to drive slowly, but that I may still be involved in a collision with a pedestrian due to factors referred to by the noble Lord, Lord Holmes of Richmond, in his report and by other noble Lords in this debate.
The Department for Transport 2011 local transport note entitled Shared Space refers to the fact that the Equality Act 2010 introduced an equality duty that requires that,
“public bodies play their part in making society fairer by tackling discrimination and providing equality of opportunity for all”.
It goes on to say that:
“Authorities will need to consider how different people are likely to be affected by new scheme proposals and due regard should be given to the effect they might have on those protected by the Duty”.
We are talking not about a due regard that ought to be taken into account, but a due regard that is required to be taken into account. A clear failure to do so must ultimately leave any public sector bodies or authorities responsible potentially open to the prospect of some form of legal proceedings under the Equality Act 2010. It would be helpful if the Minister said whether the Government consider that a correct interpretation of the position and, if so, have any successful legal proceedings been taken on this point under the 2010 Act in relation to shared space schemes?
The Department for Transport document to which I referred states:
“Shared space is a design approach that seeks to change the way streets operate by reducing the dominance of motor vehicles, primarily through lower speeds and encouraging drivers to behave more accommodatingly towards pedestrians”.
What happens if there is a deficiency, and the issue of more accommodating behaviour is not then addressed? The document goes on to say:
“Improving pedestrian movement and comfort, as well as creating vibrant spaces, for example, are likely to be primary objectives, and a high level of sharing should only be considered an objective in its own right if it contributes to these higher-order ones”.
The document also stresses the importance of post-scheme monitoring to record user behaviour and to assess whether a scheme is operating as planned.
The extent to which post-scheme monitoring is actually taking place is not clear, and perhaps the Minister could tell us if the Government have any information on this point. In the light of what we have heard in this debate—and, indeed, in the report of the noble Lord, Lord Holmes—surely post-scheme monitoring, if it has been taking place objectively with all appropriate parties, must have thrown up some of the serious issues being discussed today.
The very helpful briefing pack for this debate prepared by the House of Lords Library includes a document from the National Federation of the Blind UK, dated January last year. Despite a Department for Transport document stating that, since shared surfaces can cause problems for some disabled people and that it was,
“important that shared surface schemes included an alternative means for visually-impaired people to navigate by … no DfT guidance is given on this matter, so in many Shared Spaces this instruction has not been implemented, resulting in people with little or no sight being frightened to use these areas”.
That was also the finding of the report of the noble Lord, Lord Holmes.
The document from the National Federation of the Blind UK sets out the general abilities and limitations of blind people and of trained guide dogs in order to provide assistance to planners and designers who are responsible for ensuring that streetscape layouts are fully inclusive and meet the requirements of the public sector equality duty. Can the Minister confirm the status of that document in the eyes of the DfT, since it indicates that it should be read in conjunction with DfT guidance documents?
The briefing we have had from the Guide Dogs for the Blind Association calls for the Government to issue clear, current statutory guidance for local authorities to use when developing streetscapes to ensure they are safe for people who are blind or partially sighted, and calls for a moratorium on local authorities commissioning shared surface schemes until up-to-date statutory guidance has been issued. I have no doubt that when he responds the Minister will say something about the Government’s response to the key recommendations in the report from the noble Lord, Lord Holmes of Richmond, but could he also respond to the call from the Guide Dogs for the Blind Association for statutory guidance and for a moratorium until such up-to-date statutory guidance has been issued?
The noble Lord’s report also addressed the issue of accidents in shared spaces, the nature of some of those accidents, and the very low reporting of incidents to the police. Can the Minister provide us with any figures on the number of accidents in shared space schemes, the nature of those accidents, and whether the incidence is higher or lower, or much the same as in conventional streets? Likewise, will the Minister comment on the statement in the report about non-reporting of accidents or incidents in shared spaces, and whether the low level of reporting referred to in the noble Lord’s report differs from the level of reporting of accidents or incidents in conventional streets?
The report from the noble Lord, Lord Holmes of Richmond, raises some very serious issues about the design of at least some existing shared space schemes, not just for their impact on and consequences for blind and vision-impaired people, but for people generally. Like other noble Lords, I await with interest the Minister’s response, in particular whether the Government agree with the basic findings of the report and, indeed, with the concerns on shared space schemes expressed by many noble Lords in the debate. If they do—and it is difficult to believe that either the report or the concerns expressed today can be that wide of the mark—what actions are the Government either considering or intending to take on shared space schemes to address the issues highlighted in the debate, particularly for blind and vision-impaired people? The DfT cannot issue guidance on shared spaces and then wash its hands of the matter when that guidance either results in some worrying consequences or is not being followed with appropriate rigour.
Economic Case for HS2 (Economic Affairs Committee Report)
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Lord Rosser (Lab)
My Lords, I welcome today’s debate and the powerful speeches that we have heard, including from my noble friends Lord Adonis and Lord Prescott, and from my noble friend Lord Mitchell, who told us that reports of the impending death of the railway industry were not premature. I also thank my noble friend Lord Hollick and the Economic Affairs Committee for their report, which, as my noble friend Lord Monks pointed out, looked at HS2 from one particular, albeit important, angle.
The report displays a certain lack of enthusiasm for the project, though not for investment in rail infrastructure. It says that:
“The Government has yet to make a convincing case for proceeding … it is not at all clear that HS2 represents the best, most cost-effective solution to the problems it is intended to solve”,
and that the Government “must answer” the list of questions set out in chapter 9 of the report before the high-speed rail Bill completes its passage through Parliament.
The Government published their response in July and presumably its content will form part of the Minister’s response—though not, I hope, the whole response, in the light of the views that some noble Lords have expressed about the adequacy of the Government’s replies to the questions posed in chapter 9. The July response, however, includes a statement in paragraph 1.13:
“Together with the Government’s Northern Transport Strategy, HS2 will bring the Northern cities closer together”.
We had a debate before the Recess on the Government’s northern transport strategy, followed by an announcement shortly afterwards that made it clear that everything was not quite as rosy with that strategy as a reasonable person might have concluded. Any lack of openness and transparency about HS2 will not assist in bringing a successful conclusion to this project, which was an important commitment of the last Labour Government and my noble friend Lord Adonis, and one to which we continue to give our support—including, despite what I am about to say, myself personally.
I have an interest to declare, in that I have a home close to the intended line of route. I live in an area where there is considerable opposition to HS2, as the HS2 Select Committee is by now aware. There will be no direct benefit to the residents of the area in question from HS2 since there will be no HS2 station nearby, but only the inevitable disruption to many residents over a lengthy period which arises from the construction of any major new piece of infrastructure in a semi-urban area, and the still-unresolved loss—despite visits by more than one Minister making sympathetic noises—of an important and substantial outdoor activity centre used by a great many young people.
My noble friend Lord Stevenson of Balmacara has also raised concerns felt by residents in the Chilterns about the impact of the present HS2 plans. The London Borough of Camden, while opposed to HS2, has said that if it is to proceed there needs to be a commitment from the Government to a properly funded and timetabled programme to develop the whole of Euston station to facilitate the building of affordable homes, create new jobs and give a significant economic boost—a point to which my noble friend Lord Adonis referred.
On the line of route for phase 2, the Government simply say that they will outline the way forward before the end of this year, which is not same as saying that they are anywhere near confirming their intentions on the line of route. Thus the uncertainty continues, and with it the associated concerns.
Some concerns to which I have referred can never be fully addressed, short of abandoning HS2, but a number of concerns can be addressed in whole or in part. The Government ought to be taking that point seriously and addressing outstanding concerns and unresolved issues as soon as possible. They should also recognise that most of those who will feel the greatest impact of the inevitable upheaval from the construction of HS2 will gain no direct benefit. In that regard, a bit more care and thought might also at least avoid own goals, which call into question competence. I understand that at the Select Committee, HS2 Ltd had to make an apology for having told concerned residents in one location for more than two years that the tunnel would be 30 metres beneath them, when the reality was that it would be only about half that depth.
I have already indicated our continuing support for the HS2 project. We are of course far from alone in taking that stance. The House of Commons Transport Committee, at the end of 2013, expressed its support for the strategic case for HS2 and said that it stood by the conclusion that HS2 is needed,
“to provide a long-term increase in the capacity of the railway and that alternative proposals to increase capacity are not sufficient to accommodate long-term forecast demand”.
The general secretary of the TUC has welcomed the decision to invest in high-speed rail, stating that it will,
“prove vital in getting more passengers and freight onto rail, narrowing the north-south divide and speeding our economic recovery”.
There have also been responses to the report we are considering today. The CBI shares the view that a modern railway is needed to deal with lack of capacity on the west coast main line. The CBI said that HS2,
“will better connect eight of our ten biggest cities, boosting … economies along and beyond the route … It’s vital we avoid any further delays to the project”.
The British Chambers of Commerce agreed that the Economic Affairs Committee,
“is right to investigate the cost of the project and its ability to rebalance the economy”.
However, the BCC went on to say that,
“if businesses have to wait several years for the details to be fleshed out, the UK’s competitiveness will be further compromised. There is a convincing case for HS2, as it is the only solution that can deliver the step-change in capacity that Britain’s north-south railways require”.
The Birmingham Chamber of Commerce said it believes that the Lords committee has largely ignored evidence given to it about the impact outside London and has focused on the capital, and that HS2 will provide massive opportunities to redevelop greater Birmingham and reskill parts of the workforce in the West Midlands.
Network Rail has said that, with over 4,000 trains running every day on the west coast main line, our busiest and most economically important line is all but full, and that HS2 will fundamentally reshape the UK’s rail network in a way that incremental improvements simply cannot deliver.
Elected leaders in our northern city regions, including Manchester, Leeds and Liverpool, have also reiterated their support for HS2 and the benefits that it will bring. The chair of Transport for the North has said that we should not undermine one of the most significant measures, which alongside—not instead of—east-west transport improvements is necessary to help rebalance the nation’s economy. In his words:
“We need to stop the British habit of finding every way to delay major infrastructure investment and get on with delivering and maximising the very real economic benefits it will bring as it creates the long term capacity to bring our great cities within easy reach of each other and international markets”.
I appreciate that the Economic Affairs Committee has not actually said that HS2 should be delayed or put on hold, but rather has raised a number of questions about the case for HS2 and the need for the Government to provide convincing answers before the enabling legislation for the first phase of the construction completes its passage through Parliament. It is up to the Government to provide those convincing answers.
There is certainly some opposition to HS2, but there is also widespread support for the project related primarily to capacity, connectivity and regeneration, including the support reiterated by the shadow Transport Secretary in the Commons yesterday.
Refugee Crisis
Lord Rosser Excerpts(8 years, 8 months ago)
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Lord Ahmad of Wimbledon
My Lords, I say from the outset that it is preposterous to suggest that the drowning of migrants is somehow attributable to the Government here—it is attributable to those criminal gangs who actually pick on vulnerable people. Every one of us was moved by the pictures we saw of those drowning children, but that drowning child was just one example of what we have seen with those criminal gangs. The Government are at the forefront of working with EU partners to ensure that we tackle those criminal gangs. The noble Lord asked about government policy. Let us be clear: it is comprehensive. As I said in my original Answer, £1 billion has been sent to those countries which are supporting the people—the real refugees—across the Syrian crisis in Turkey, Lebanon and Jordan—as I saw myself in the Zaatari camp. The Prime Minister has announced an additional 20,000 on top of the 5,000 places that we have guaranteed here to those people under the vulnerable people scheme. These are practical steps of a comprehensive policy in dealing with a situation which is impacting not just the region or Europe but globally. It needs a global solution and the UK is playing its part.
Lord Rosser (Lab)
The Government said yesterday that the full cost of supporting Syrian refugees in the UK for the first year would be met through the international aid budget, easing the burden on local authorities. Is it the Government’s intention that local authorities, rather than the Government, will pay some or all of the cost of supporting the up to 20,000 Syrian refugees after the first year, and over the rest of this Parliament, or are the Government prepared to give a commitment now that they will continue to pay the full cost after the first year?
Lord Ahmad of Wimbledon
The Government have made a commitment in supporting an additional 20,000—it is an evolving situation and the Government will continue to review the situation in terms of numbers. The noble Lord raised the issue of finance. Again, my right honourable friend the Chancellor has announced that the Government will be looking at the increase we are seeing in the international development budget because of the growth in GDP and how local authorities —which have a crucial role in resettlement—can also be supported. The Government will continue to review the situation and monitor it closely to ensure that we get assistance to those people most in need. That is our history and the legacy of this nation. This Government will proudly continue with that legacy.
Civilian Use of Drones (EUC Report)
Lord Rosser Excerpts(8 years, 8 months ago)
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Lord Rosser (Lab)
My Lords, I add my thanks to those already expressed to the committee and the noble Baroness, Lady O’Cathain, for their report on the civilian use of drones in the European Union. Whether we are concerned or unconcerned about the impact of drones, the reality is, first, that they are here to stay and, secondly, that their use will dramatically increase, both numerically and in scope, and with it their importance in our daily lives.
Drones are a bit like the internet and social media. While having many benefits and providing many pluses, they also have downsides, since the uses to which they are put and the way in which they are used and deployed by some individuals and organisations will not always be deemed acceptable or appropriate.
As the report sets out, drones usually associated with military use are already being used extensively for a variety of civilian and commercial uses in the fields of logistics, security, construction, agriculture, energy and conservation, to name but some. My noble friends Lord Giddens and Lord Haskel emphasised that the potential future beneficial uses to which drones could be put are amazing.
There are clearly major opportunities for British companies, and indeed for Europe, to take a lead in the development of new technology in this field, and in so doing, to secure the creation of new jobs, both those directly engaged in the production and development of drones and those within the associated activities and businesses supporting this new industry.
However, our justifiable enthusiasm for wanting to be leaders in this field, and our justifiable enthusiasm for wanting to secure the many benefits that the use and development of drones will surely continue to bring, must not be allowed to obscure the potential adverse consequences arising from the development and expansion of drones and the urgent need for effective measures to address and mitigate those adverse consequences.
A recent report from Lloyd’s of London suggested that while spending on drones is likely to double by 2024, those who produce and use such equipment, as well as insurers, do not seem fully prepared for the emerging consequences. These include the risks of cyberattacks, reckless pilots, privacy issues, the danger of collisions or damage to third parties, and conflicting international regulations.
There have already been proceedings arising from the use of drones, including that of a person in a restaurant in New York who was injured by a drone being used to take photographs of diners, and an Australian triathlete who was struck by a drone that fell from the sky.
There have also been questions in this House about the regulation of drones. In November last year, the then Government stated in a Written Answer that the Department for Transport was currently developing its policy in respect of civil remotely piloted aircraft systems and intended in 2015 to engage in a public dialogue on issues such as the environmental impact, safety and privacy. No doubt the Minister will update the House on the progress being made with this public dialogue when he responds. I hope that he can be a little more specific than the statement made on this point in the Government’s response to the committee’s report.
The noble Baroness, Lady O’Cathain, set out in her opening comments the conclusions and recommendations of the committee and I will not take up the time of the House by repeating them. The report by her committee, which strongly supported the European Commission’s aim to create an internal market in the EU for the commercial use of remotely piloted aircraft systems, has been well received. In the light of its recommendations, the committee has welcomed the Government’s continuing commitment to contribute actively to the development of harmonised safety rules for remotely piloted aircraft systems across the European Union, and for a proportionate and risk-based approach to such regulations.
Perhaps the Minister will say what progress has been made by the Joint Authorities for Rulemaking on Unmanned Systems in drafting the safety regulations for Europe, and whether the Government are satisfied with the way JARUS is carrying out its role, or indeed is able to carry out its role.
In his letter to the relevant Transport Minister dated 9 July 2015, the chairman of the European Union Committee drew attention to a number of points on which his committee wished to request further information, and said that he hoped for a reply to his letter before the Summer Recess. I may be wrong, but as I understand it no such reply has been received. It would be helpful if the Minister would take this opportunity to respond to the points raised in the letter.
Among other issues, the letter asked what steps the Government were taking to ensure that the Civil Aviation Authority was adequately resourced to monitor the safety of remotely piloted aircraft systems operations and to support SMEs in the United Kingdom that are entering the industry. The noble Baroness, Lady O’Cathain, raised the issue of police resources in her opening comments.
The European Union Committee also asked what steps the Government were taking to ensure that the Civil Aviation Authority complied with its recommendation that national aviation authorities be required to share statistics regarding drone incidents with regulators, insurers and operators in other member states in order to improve the information used by insurers to assess the risks of different RPAS operations.
A further question raised that I hope the Minister will address was whether the Government were engaging with the industry on the development of an online database or app that would enable drones to be tracked and identified, and what the Government’s assessment was of the progress that has been made towards this goal.
As the committee’s report says, concerns including but certainly not confined to safety regarding the use of drones by state authorities, the media or leisure users among others could, if not addressed, undermine public acceptance of this new technology and put at risk the many beneficial impacts for society that the new technology can deliver.
The committee has done a real service in drawing attention to the issues involved, to the actual and potential beneficial impacts of drones and, above all, to the need to ensure that appropriate action is taken now to minimise the likelihood of unnecessary and avoidable difficulties in future over the way in which drones are used or misused by those who, intentionally or unintentionally, may be less than sensitive to the safety, privacy, security or data protection questions raised by this new and fast-developing technology.