Electric Vehicles: Supporting Access
Lord Tunnicliffe Excerpts(4 years, 1 month ago)
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Baroness Vere of Norbiton (Con)
My noble friend is right that many people do not buy any vehicle. Indeed, fleet operator businesses represent around half of the new vehicles purchased in this country. It is important that those vehicles then come into the secondary used car market once they have ended their useful life within businesses. That happens after around three years, so we expect a number of zero-emission vehicles to come into the used car market in due course. We recognise that there are probably not enough of them there now, but that is just a function of time. We can work with fleet operator businesses and get them to buy new zero-emission vehicles, which will then come into the used car market.
Lord Tunnicliffe (Lab)
My Lords, does the Minister accept that, because of the paucity of public transport outside London, many workers—including quite low-paid ones—are absolutely dependent on a motor car? Does she also accept that the private sector, which is so praised in the department’s latest guidance, does not have a good record of making sure that facilities such as this are provided at reasonable cost? Is it an objective of the Government to make sure that people who have cars for their work today will be able to afford and run them in future?
Baroness Vere of Norbiton (Con)
The noble Lord raises a number of issues. It is worth pointing out that the private sector has been incredibly successful in the rollout of energy sources in the past. I do not believe that previous Governments would mandate petrol stations in certain places, nor spend billions of pounds supporting their introduction, but we are very clear that we will support the introduction of charging points. On public transport, I beg to differ: this Government are investing billions of pounds of both capital and revenue to support public transport in our great cities and our rural areas.
Touring Hauliers: Arts Organisations
Lord Tunnicliffe Excerpts(4 years, 2 months ago)
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Baroness Vere of Norbiton (Con)
They can use their own vehicles for touring in Europe if they have a standard operator licence. They still have to remain within the requirements set out in the TCA, which is either two cross-trades or one cross-trade and one cabotage. However, as I have said previously, they can get an ECMT permit to do three cross-trades. We recognise the challenges for those operating on their own account, because they have to operate within those particular requirements. However, if they are of a significant size, they may wish to set up an organisation in the EU, and then they would have slightly greater, although not unlimited, flexibility—but it might be helpful.
Lord Tunnicliffe (Lab)
My Lords, it seems to me that the Minister is saying that the Government have done as much as they intend to do. It is equally clear from the industry press that the industry feels that this is a really serious problem for small and medium-sized performers. I do not understand the industry very well, but I would imagine that big bands come from little bands and that the importance of the industry over time is that the small successes are able to grow. Surely this whole situation is sufficiently serious for the department to continue pressure to try to devise a system that works for the smaller operators.
Baroness Vere of Norbiton (Con)
My Lords, I reassure all noble Lords that we have thought long and hard about this. We have engaged with the EU but, when we did so, the exemption for specialist hauliers was rejected. Our door remains open for discussing alternative exemptions. There is a limit to what we can do on a unilateral basis. This was the best idea that came up both from my officials working on this and from our consultation with industry—68% were in favour of this. When it comes to smaller operators and those operating on their own account, the other option would be for them to go into partnership with an EU haulier and thereby provide that continuity across the system.
West Coast Main Line
Lord Tunnicliffe Excerpts(4 years, 3 months ago)
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Baroness Vere of Norbiton (Con)
I thank my noble friend for that contribution and I have nothing further to add.
Lord Tunnicliffe (Lab)
My Lords, can we go into this Avanti contract a little more? Modern Railways magazine, which tends to be an authoritative magazine in the industry, says that Avanti will be taking over the service on a national rail contract on 16 October. Can the Minister confirm that that is true? When does she expect to actually conclude the contract with Avanti? Can she explain what revenue risk, if any, Avanti will be taking? Will she perhaps illustrate what other risk Avanti will be responsible for? The key question, I think, given that there is not going to be a competitive process, is: how do we know we are getting value for money?
Baroness Vere of Norbiton (Con)
Avanti already has an emergency recovery measures agreement, which was awarded to First Trenitalia, which is Avanti, in August 2019. That was initially for seven years, so the national rail contract we are currently negotiating with Avanti will replace that. It will start on 16 October if negotiations reach an appropriate point. We will not award the contract if it is not right to award the contract, because, of course, there are alternatives. As for the revenue risks, obviously these contracts operate as all rail contracts do, whereby the Government take on the revenue and the costs; however, the train operating companies do annual business planning every year, which has to be agreed with the department. On that basis, within that, there are various performance measures that have to be met, and that is how we are able to control the railway and ensure companies are delivering value for money.
Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022
Lord Tunnicliffe Excerpts(4 years, 3 months ago)
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Lord Tunnicliffe (Lab)
My Lords, I thank the Minister for bring forward these regulations, which I welcome. They will extend the rights of representations and appeals in parking, bus lane and moving traffic cases. I will not seek to detain the Committee for long, given that there is broad consensus on the basic principles. However, I welcome any details as to why it has taken so long to introduce these changes, given that they relate to a policy statement from two years ago.
A colleague was going to be doing this debate today so I came against the regulations only at 11.30 am. My understanding is that this is really a package made up of a commencement order that has no parliamentary procedures, a negative order that nobody has prayed against—so it will go through—and this measured affirmative order, or whatever the right term is. I hope that these regulations do a simple, uniform thing and bring the powers and appeal rights in England and Wales into a uniform piece of legislation. There are lots of nods but I would like to hear the Minister say yes to that because it would simplify how one thinks about this.
I wonder whether the Minister can offer a timeline for what flows from this package. I recognise that she may have done that in her speech but the impressive speed of her delivery was beyond my comprehension in places; I am not suggesting that she was not right and accurate, so I apologise for that. The reason I would like to see a timeline is because, as the Minister knows, the commencement of this order depends on the commencement of the negative order but I do not know when that is proposed to be. It would be useful to have on record when that will happen and when the consultation on the guidance will complete. I got the impression that the guidance might be published on the same day as the commencement. That would be unfortunate but it goes to the general issue of how motorists will know about both the offences and their appeal rights at the same time. I think the Minister said a little about how motorists will know about the offences, but knowledge about their appeal rights seems equally important.
The Committee hopes that these regulations will contribute to making the system of road traffic contraventions fairer and more effective. On broader road traffic issues, the Minister will be aware that the Government recently published an updated private parking code of practice, which caps fines at £80 in London and £50 elsewhere. Welcome as that is, unfortunately, the new code will not come into force fully until 2024. In the meantime, many parking firms are charging more than those caps permit. Does the Minister believe it is right that they are able to charge extortionate amounts before the new code of practice fully comes into force?
Baroness Vere of Norbiton (Con)
I thank noble Lords for contributing to this short debate. I apologise at the outset for my speed of delivery. I must slow down; I will slow down. I promise the noble Lord, Lord Tunnicliffe, that, next time I give an opening speech, I will slow down, enunciate and break for breath every now and again.
Some important points have been raised, which I hope to cover. I will write, of course, because I suspect that I will not be able to answer a couple of things in full. I am grateful for the broad welcome for these regulations. I accept that they have been a long time coming, particularly given that the Traffic Management Act was enacted in 2004. Then there was the issue of commencing Part 6. The delay in commencing that part and in putting these regulations before the Committee is partly down to the pressures of the pandemic; it has been a little busy in the Department for Transport. We wanted to get this right, recognising that it will be up to local authorities to put this into operation. They, too, have been suffering from a lack of time and resources during the pandemic.
We did crack on with it when we felt that things looked a little more positive but we had an issue with the JCSI, which was alluded to by my noble friend Lady McIntosh of Pickering. An error was discovered in the affirmative SI, which meant that we withdrew it and then re-laid it with the error resolved. It did not have an impact on the date of its coming into force, so it did not have an impact on the whole process of what was going to happen, but we are grateful to the JCSI for its work on finding the error because it would have been unforgivable for that to have got on to the statute book.
On the issues relating to the JCSI vires, I might write with a little more detail, perhaps to explain why we slightly differ from the JCSI and how we propose to respond to it. I believe that we will make some changes at the earliest opportunity; potentially, there is an opportunity to make a change in the first designation order, which will come soon.
On the point raised by my noble friend Lady McIntosh on resources, cameras and the gubbins that will have to be in place to operationalise these regulations, we know that some places have already put them in place. We know that London already does it but, let us face it, London is not really like everywhere else. But one might look at Cardiff. For example, in Wales, the Welsh Government commenced the Part 6 powers back in 2013 and, to date, Cardiff City Council and Carmarthenshire have acquired the designation of those powers. In Cardiff, we have a little bit of visibility about how they did it, how much it cost them and what the impact was on their budgets. The council’s latest Annual Park and Traffic Enforcement Report for 2018-19 confirms the following. For the first full year of enforcement, which was actually 2016-17—it is a little while ago, but that was its first full year, and it is the most up to date that we have—it ended up with a combined income of around £3.4 million and a total expenditure of £5.6 million, including parking. We estimate that it probably spent around £3.7 million on bus lane and moving traffic enforcement. So that was a deficit of about £0.3 million. We would expect that, in most circumstances, after the first year when things have settled down, you would end up with a surplus. As I explained in my opening remarks, that surplus can be used only on very specific things.
There is also the issue to consider, if a local authority is putting something in place, that we have said that within the first six months there will be warning notices rather than fines to be paid for any individual attracting a contravention at a particular camera. So that will reduce the income. It is also worth recognising that many of the set-up costs will be one-off costs. There will be ongoing maintenance costs for the CCTV, but they will usually be one-off costs, which can be met more than over just the first year. On the flip side, we know that costs will be mitigated somewhat by the slight increase to the bus lane penalties.
In general, in our new burdens assessment, we suggested that there was no additional burden to local authorities by implementing these regulations, and the Local Government Association did not object to the new burdens assessment. So I think either it will work out cost neutral or there will be a surplus which, as discussed, will be used only for certain areas. I take the point about some sites being very non-compliant and therefore attracting large numbers of fines. Of course, we will make it clear in the guidance how local authorities should deal with those sites. We want the cameras to be in problem sites but, clearly, there will be areas where they can improve their highways layout or, indeed, their traffic signage to make people understand exactly what has happened.
To go back to my noble friend’s question about cameras, those that are used for moving traffic contraventions must be certified by the Vehicle Certification Agency. We have very specific cameras that are certified by the VCA, and we certify cameras at no charge to the LA—the department bears the cost. We have a specific fund from which we draw down. But it is local authorities that are responsible for paying for the cameras and then putting them in place, so it is up to them.
That slightly leads on to the point raised by the noble Baroness, Lady Scott. The guidance that we will complete will set out all sorts of things in relation to operating these regulations appropriately. I have mentioned those areas where there is lots of contravention. We have worked closely with the sector on the development of the detailed statutory guidance. We have had input from a wide range of stakeholders, including the motoring groups—the RAC and the AA have been very involved—and local government: the Local Government Association and local councils. We have also been in touch with and talked to active travel groups, including Sustrans, British Cycling and Living Streets, as well as the British Parking Association and the Traffic Penalty Tribunal. Clearly, we have to get this guidance right. We need to make sure we have the right level of enforcement and in the right places.
Highway Code
Lord Tunnicliffe Excerpts(4 years, 5 months ago)
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Baroness Vere of Norbiton (Con)
I am afraid that I will not commit to meet the cycling lobby again because there was an opportunity for all the stakeholders to input into the consultation. A correct balance has been met. The motoring organisations were there as well, and we are content with how we have resolved the situation around riding two abreast. We say that you can ride two abreast but be aware of drivers behind you and let them pass. It is about getting all people on our roads to act in a very safe and considerate manner.
Lord Tunnicliffe (Lab)
My Lords, I am appalled that the Minister finds the criticism of the Highway Code and particularly how it has been introduced to be just hot air. I am very sorry that she is content; I believe she should be deeply dissatisfied. To dismiss the changes in the Highway Code as not significant is almost as if she has not read them. It is a very important modification. It requires road users to do things differently. It means that different people have different rights of way. The Minister should not shake her head—that is exactly what it requires. Where two road users both believe they have the right of way, it is potentially catastrophic.
The changes to the Highway Code are designed to make the roads safer but they are completely undermined by the lack of public awareness. The Department for Transport said it will begin launching an awareness campaign in February. Has this now been launched, and why did Minister not begin the campaign prior to the introduction?
Baroness Vere of Norbiton (Con)
My Lords, there is hot air and misinformation around this change to the Highway Code; I am not going to lie—that is absolutely true. There are also situations that have existed for decades—as I have pointed out, these are quite minor changes. Where the Highway Code says “should”, that does not mean that you are required to do anything, but, if it says “must”, you are required to it. There has always been a question, since the start of the Highway Code earlier in the last century, I believe, whereby different people will sometimes have to agree who will go first—that is just life.
The noble Lord will know that we have had quite a lot of coverage on non-paid-for communications channels, which is what we are focusing on at the moment. THINK!, a paid-for £500,000 campaign, will start very shortly, and we will continue over the summer, as various different modes tick up in their usage.
Draft Revision of the Highway Code
Lord Tunnicliffe Excerpts(4 years, 6 months ago)
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Lord Tunnicliffe (Lab)
My Lords, I, too, thank the noble Baroness, Lady Jones, for initiating this debate. The changes to the Highway Code are a welcome addition to help cyclists, who are feeling increasingly unsafe. However, without any effort to publicise these changes, they risk being entirely meaningless and, indeed, unsafe. With the changes now imminent, the Government should be leading a national campaign to make the public aware of the new code, as part of a comprehensive national safety campaign. Instead, Ministers are missing in action.
The justification for these changes is in the Government’s own data, which reveals that 66% of cyclists think that roads are too dangerous. As part of the transition to net zero, we all need people to cycle more often than drive, but clearly more people than ever are being put off doing so because of the risk. More and more cyclists are now being killed or seriously injured on UK roads. In 2020, the number killed or seriously injured was 4,320, with the number killed being 140. This is having a knock-on effect on the number of people prepared to bike, given that 66% of people thinking that it is too dangerous to cycle is a 30% increase on a decade ago.
It is worth noting that the same survey, the National Travel Attitudes Study, found that most would be more prepared to cycle if new infrastructure was introduced. Some 55% said that segregated cycle paths would make them more likely to cycle, while 49% said the same for well-maintained road surfaces. This shows that it is entirely within the Government’s gift to encourage people to move from driving to cycling. Unfortunately, the Government are still refusing to release the remainder of the £2 billion of funds promised for active travel.
Although the new changes to the Highway Code are welcome, few people are aware of them. The AA has conducted research that has found that many drivers have no intention of looking at the new rules, while Cycling UK warned of the dangers of a lack of official publicity—no wonder, given that there seems to be no concerted effort to make the public aware of these changes. In response to a Written Question by the shadow Transport Secretary last month, a Minister responded that an awareness-raising campaign would not begin until February, with a broader behaviour change campaign later in the year.
I have discovered in recent days that even those who actively seek to learn about these changes will struggle to do so. I have had a similar experience to that of the noble Earl, Lord Attlee. On Monday, I visited the Waterstones bookshop in Trafalgar Square to purchase a copy of the new Highway Code—I thought that, if it is anywhere, it will be there—only to be told that none was available in any store and, further, I was advised that none was expected until April. Can the Minister confirm whether the public are currently able to purchase a copy of the updated Highway Code anywhere?
Although the amendments have been published, I, like the noble Earl, Lord Attlee, was unable to find the full amended version of the Highway Code online. Can the Minister confirm that this has not been published online? I reckon myself to be a black belt in googling—that is the only way that I can survive in this role—so I tried again last night just to make sure that it had not crept in in the previous 48 hours. I went on GOV.UK, where, if you simply click on “Highway Code”, you find a Highway Code and you think, “Oh, that’s it”, until you notice that that Highway Code was last revised in 2015. I persevered and moved around that site and I was treated to eight newspaper-type articles about how the new code was changed, but nowhere could I find a copy of the code so that I could view the whole thing holistically.
It is important to understand that this revision is not just a tweaking of the present rules, responding to the changing world of electric scooters et cetera—I wrote that before I discovered in this debate that it makes no reference to electric scooters. It is about—this is crucial—a fundamental change, requiring road users to do things differently. It is not a tweak or a refinement; it is about fundamental change. This is not being adequately communicated.
Consider a scenario where a well-informed cyclist who believes that he or she has the right of way meets an ill-informed HGV driver who believes that he has the right of way. This is exactly the scenario set out in the code, where the cyclist gets run over. The cyclist presumes that they have the right of way to proceed and the HGV driver believes that he has the right to turn. The outcome could be catastrophic: another cyclist death. Were such deaths taken into account in the decision not to prepare a full impact assessment? Given the department’s lamentable performance in communicating the changes, surely the scenario that I have described is credible, as are many deaths in the next 10 weeks. These deaths will be the responsibility of the DfT and its leader, the Secretary of State.
The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
My Lords, I am very grateful to the noble Baroness, Lady Jones, for giving noble Lords the opportunity to discuss the Highway Code changes today. It has been a good debate with some very interesting contributions, which I will come to. I would first like to set out the Government’s position clearly so that we have a good framework from which to delve into some of the points raised.
I note at the outset there were some changes to the Highway Code just a few months ago which did not attract a debate, and it has not been republished since. Putting that to one side, for any changes there is a parliamentary process which needs to be gone through. At any time, they could be prayed against, in which case those changes would not happen. I could also imagine, had I started communicating this 40 days ago, noble Lords being very cross with me for communicating something Parliament had not yet agreed. There is definitely a balance, but the end of the 40-day period has now come almost to a close.
Noble Lords will note that only yesterday we issued a press note to stakeholders and the media, which essentially kicks off the process of informing and educating the road-using public. I agree with noble Lords that most people do not read the Highway Code; it is not where they get their information from at all. It is all about enabling us to communicate with trusted stakeholders and the public via the media and paid-for promotion, which is also part of what the Government intend to do.
Keeping our roads safe for everyone, in particular those most at risk on our roads, is one of my key priorities. The Highway Code and the rules therein are central to that mission. I noted that my noble friend Lady Hodgson said that the roads will be safe only if everyone obeys the rules. I agree with her; everyone must obey the rules. But I am the Roads Minister, so of course I would think that. That is for pedestrians and cyclists, but it is not just about obeying the rules—that is a very harsh way of looking at it. It is also about respect and consideration for other people travelling on the roads. I will come back to that in relation to rural roads, where I sometimes feel that the motorist feels they have the run of them.
At the heart of these changes is active travel: cycling and walking. The Government would like to increase the number of people doing both and these changes to the Highway Code should ensure that they can do so as safely and respectfully as possible, because everybody has the right to use the road. We want to make sure they do so in a safe, considerate and responsible manner. We want to encourage people to think about how they travel and choose more sustainable and active modes of it. One of the biggest barriers to people choosing to cycle or walk is safety, and the perception of safety. It is often due to the users of motor vehicles of whatever type who also choose to use the roads that that perception—or reality—of a slightly less safe environment comes to pass.
These proposed alterations to the Highway Code seek to improve safety for cyclists, pedestrians and horse riders and make active travel an attractive alternative to using the car. However, they are in no measure anti-motorist. We had an enormous response; I think 21,000 people responded to the consultation and we believe around 60% were motorists. I think that motorists want a calm, respectful and law-abiding road network as well.
There are three key alterations in these changes. The first is on the hierarchy of road users, which was ably explained by my noble friend Lord Attlee. We are all cognisant that those people driving the heavier and faster vehicles are able to cause greatest harm. The second is clarifying the existing rules on pedestrian priority on pavements, and that drivers and riders should give way to pedestrians crossing or waiting to cross the road. Finally, we are strengthening guidance on safe passing distances when overtaking cyclists or horses. Guidance on safe passing distances has existed for quite some time—this is not a new invention. We have to look at a positive shift in road user behaviour.
Railway Timetables: Disruption
Lord Tunnicliffe Excerpts(4 years, 6 months ago)
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Baroness Vere of Norbiton (Con)
I am not sure I agree with the noble Baroness. Clearly, we are discussing it today and we have discussed timetables in the past. Timetables are never static: they have changed twice a year for a very long time. It is true that we will be asking the rail industry to submit plans through the routine business-planning process, and it may well be that there are further changes to timetables. We do, however, ask all the rail operators to engage very closely with local communities to ensure that we are able to deliver the right services to the right places.
Lord Tunnicliffe (Lab)
My Lords, the Government recently announced that 100,000 tests would be made available for key workers, but the Minister will be aware that the number of key workers available is many millions. Can she confirm how much of the 100,000-testing commitment will be designated for public transport, and what proportion of the workforce she expects that to cover?
Air Traffic Management and Unmanned Aircraft Act 2021 (Airspace Change Directions) (Determination of Turnover for Penalties) Regulations 2022
Lord Tunnicliffe Excerpts(4 years, 6 months ago)
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Baroness Randerson (LD)
My Lords, I follow up that final comment by saying that the noble Lord, Lord Berkeley, has raised some important issues, and I would really appreciate being copied into any correspondence that flows from his comments. Indeed, I would like to be invited to any meetings that the Minister chooses to hold.
Although this SI is evidently very technical, it allows us a useful opportunity to ask some important questions, as noble Lords already have, about the progress of airspace modernisation and its implications. This legislation flows from a policy implemented at a time when our skies were busy and there was an expectation of further expansion.
I want to make clear that it is obvious to me that airspace modernisation is a good and vital thing. It is very important environmentally, but it comes in the “Good but difficult” category because, once you develop new air corridors for an airport, you are concentrating flights over one set of people, who, not surprisingly, will be unhappy at that, whereas all the other people who no longer have those flights going over them are relieved that that is the case. It is balancing upsetting one set of people against pleasing others.
Of course, there is also the balance between the benefits to one airport and another, which has sparked this SI. That issue is probably most acute in the south-east of England, but it can and does occur in other parts of the country.
We are now in a very different situation with aviation, so my first question to the Minister is: how have the Government adapted their policies in relation to airspace modernisation, if at all? Have they slowed down the pace of change as a result of the impact of Covid? Whatever emerges as aviation regrows, and I share the view that it inevitably will, there will be a change in pattern in the short and medium term as various parts of the world recover from Covid more rapidly than others. But there will also be a change in pattern of the type of traveller. I venture that business flights will never recover to the level at which they once were. That, of course, spells trouble for any airport that concentrates on a lot of business travellers. They will have to adapt, and I am sure they will, but it means a change in pattern of use and direction for the traffic.
The crucial point of difficulty in the airspace modernisation process is the consultation with residents. The Explanatory Memorandum indicates that this is planned to start in 2022. I would be pleased if the Minister could explain that to us in a little more detail. What proportion of the consultation with the public will take place in 2022? Will just a few pioneer airports do it, or will most of the public consultation take place then?
It will take time for competition to shift, change and adapt to the new patterns. Therefore, I ask the Minister whether it is wise to go ahead to the point where, in extremis, we start fining airports for lack of co-operation when the whole new pattern of competition is still settling down. The aviation industry has had a very tough time. Airports have suffered badly and had relatively little alleviation from the Government. Therefore, anything that adds a burden by fining them for a lack of co-operation could be the last straw for some of them.
I am, of course, attracted to the idea of penalties for non-co-operation being based on the resources and size of the company concerned, but will this take account of the different treatment of airports in the last couple of years? Aviation has not benefited from total alleviation of business rates in England but it has in other parts of the UK, so there has been a patchwork in the way airports have been treated.
Once again, we are in a situation where the CAA is being given additional powers. The Minister used the phrase “in extremis”. What discretion will the CAA have when taking into account the financial difficulties of an airport as a result of airspace modernisation and the implications for its future business?
The EM says that 71 or 72 organisations are affected, yet there is little assessment of the financial impact of this measure. The process of modernising airspace and consulting the public is very expensive; the cost of familiarising yourself with the legislation is really marginal. I am therefore surprised that there is no full impact assessment. I ask the Minister whether perhaps that should be reconsidered. The whole process could, or will, have a significant impact on some individual airports, because modernisation will disadvantage them. That surely needs to be taken into account at this point in time, which is very difficult for those in the aviation industry.
Lord Tunnicliffe (Lab)
My Lords, I welcome the introduction of these regulations, which help to determine the financial penalties for those who do not comply with airspace modernisation directions. The Minister will recall that during the passage of the Act, these Benches supported the aims of airspace modernisation; we therefore support these regulations, which assist that process. The aviation industry is critical to the UK economy, and it is in everyone’s interests that we redesign UK flight paths to deliver quicker, quieter and cleaner journeys. On this, can the Minister update the Committee more generally on the process of airspace modernisation and the timetable that is currently being worked towards?
On the specific legislation before the Committee, can the Minister explain why this formula for calculating turnover was not included in the original Act? Can she also confirm how the department determined this formula? The instrument has the support of the Opposition, but I would be grateful if the Minister could provide answers to these questions. I would be quite content to receive a letter in response. On my noble friend Lord Berkeley’s issues, I would be grateful to be copied in if there is to be a meeting or correspondence.
Baroness Vere of Norbiton (Con)
That was a surprisingly short speech by the noble Lord, Lord Tunnicliffe, for which I am grateful. I hear his comments about wanting to be included in correspondence on any meetings with the noble Lord, Lord Berkeley, about EGNOS. I also note the comments by the noble Baroness, Lady Randerson, on being included in that.
The noble Lord has raised a very important point and I am therefore pleased to take that forward. As he said, the UK’s participation in the EGNOS programme ended on 25 June 2021 and, since that date, no UK airports other than the three Channel Islands airports have any arrival procedures in place linked to the EGNOS working agreements or should be preparing to use them. The Government continue to assess the impact on the aviation sector of the UK’s withdrawal from the EGNOS programme but have yet to determine whether there needs to be a UK-led EGNOS replacement.
I am very happy for a meeting to be arranged for the noble Lord and others. I will go one better than a meeting with me and ensure that it is with the Aviation Minister, so that he can hear the concerns directly. I will be happy to attend too but he will be more useful than me on the topic, I fear.
I turn to other issues raised by noble Lords in the consideration of the regulations before the Committee—and I am grateful for all contributions. A number were raised around the airspace modernisation programme as a whole. It feels like a little while since we have discussed airspace modernisation, and it is quite good to return to the topic. The Government remain committed to the airspace modernisation programme; we believe that, despite the Covid-19 pandemic and its impact on the aviation industry and air traffic levels, the need to modernise the UK’s airspace design remains clear.
Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Order 2022
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Baroness Randerson (LD)
My Lords, I welcome this important environmental measure and thank the Minister for her explanation. In particular, I was fascinated by paragraph 6.3 of the Explanatory Memorandum, which explains the complexity about which comes first: the ratifying of the convention or these regulations. However, that does not explain why it has taken since 2004 for us to get to this stage.
I realise that we were not alone because, as the noble Lord, Lord Greenway, just explained to us, it took until 2017 for 30 countries representing 35% of the world’s tonnage to ratify the convention. But it is a serious matter of concern and shame for us that the nations with 70% of the world’s tonnage have now signed up and we have not yet managed to do so, although it will happen soon. It is depressing that, as a once-great maritime nation, we yet again have been slow to adopt international and environmental measures that were a matter of urgency.
Perhaps the Minister can clarify, but am I right that our slowness has simply been because of the huge backlog of maritime measures that the Department for Transport managed to build up? Was it simply overlooked, or has it been a lack of enthusiasm by successive Governments to sign up that has been the problem?
There is a key point, not explained in the Explanatory Memorandum. I am sure that noble Lords will forgive my ignorance, but do ships need new technology to manage their ballast water in the way that will be prescribed, or is it just a matter of better management? I am not clear whether it is that all modern shipping would have the correct equipment, and so on—but I am surprised that there has been no impact assessment. I would assume, whether it is better management or modern equipment, either way there will be costs for ship owners as a result of this SI. However, I welcome the fact that we have finally got round to it.
Lord Tunnicliffe (Lab)
My Lords, I support the introduction of this order to implement the 2004 International Convention for the Control and Management of Ships’ Ballast Water and Sediments. The convention ultimately aims to eliminate the transfer of harmful aquatic organisms and pathogens, which is why the control and management of ships’ ballast water and sediment is so crucial. However, given that the UK played a pivotal role in negotiating the convention, it is a shame that it is only now being brought forward. I note that the Minister gave some explanation on this delay but, clearly, it is a matter of concern on all sides of the Committee. I hope that she will produce a full answer and, if there are areas on which she cannot answer today, write to us all.
On the legislation itself, I would be grateful if the Minister could answer three questions. First, are the Government already fully in compliance with the convention? Secondly, what engagement has the department had with the shipping industry over the implementation? Finally, how many countries have ratified the convention, and how many further are in the process of ratification?
We support the introduction of this order and the implementation of the convention, but this is only one step in cleaning up the seas. I hope that the Minister can offer the Committee a brief explanation of the other steps that are being taken by the Government.
Baroness Vere of Norbiton (Con)
My Lords, I am grateful to all noble Lords who have taken part in this short debate to consider this order. I shall provide a bit more information, if I can, on the timeline to getting to this stage. We probably all wish that we had got here earlier, but there were some reasons behind that. I hope that the next SI will cheer up noble Lords, because we are certainly ahead of the game on that one.
There are several reasons why the UK did not ratify the convention earlier. As the convention was new, equipment availability was limited both to treat ballast water management systems and to sample and analyse the discharged ballast water, which is integral to its enforcement. The industry was not confident in the equipment and was concerned that it would be unfairly penalised. Those concerns were eased by the development of the experience-building phase, which established a period of implementation and review during which ships would not be penalised due to non-compliance with the discharge standard if operating a type-approved ballast water management system.
Secondly, the UK’s ratification was rescheduled to allow time for the latest amendments to the convention to come into force and thereby ensure that the UK’s implementing legislation reflects the most up-to-date version of the convention. These amendments were adopted during the IMO’s Marine Environment Protection Committee meetings held in April 2018, and accepted in April 2019. That introduced a phased approach to implementation, which also alleviated the concerns around equipment availability. At that point, it was very much full steam ahead until Covid arrived.
It is true, and noble Lords will have heard me say before, that we have had to delay some of our statutory instruments, which is not ideal. Although I do not think this SI falls under the definition of backlog as set out by Minister Courts when he went to see the Secondary Legislation Scrutiny Committee, it is certainly on our list of things to do, so I am really pleased that we are able to do it today. I reassure noble Lords that we are actually making quite good progress on our maritime backlog. I have a little note here to say that a couple of others with very long titles are also heading their way through Minister Courts’s office now, and no doubt we will be returning to this Chamber to debate them in due course. I reassure the Committee that we are very focused on our maritime SI backlog.
International Organization for Marine Aids to Navigation (Legal Capacities) Order 2022
Lord Tunnicliffe Excerpts(4 years, 6 months ago)
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Baroness Randerson (LD)
My Lords, like other noble Lords, I welcome this important measure on maritime safety. I am very pleased to see that someone in the Department for Transport has been much more enthusiastic about signing up to this new convention, opened to signature by the French Government only a year ago, than was the case with the previous convention. It is good to see the UK in an enthusiastic leadership role after recent years when we have been—from the perspective of an internationalist, as I am—withdrawing from our international responsibilities. The development and maturing of international organisations is always good to see, especially one as practical and useful as this one.
I had written down two questions, one of which the noble Lord, Lord Greenway, has partly answered for the Minister—but I shall still ask it in part. Can the Minister update us on the progress on the other signatories? Are we in good company? The noble Lord, Lord Greenway, gave us some names, but is this regarded by the Government as good progress for something that they clearly support? Since this is a French-based organisation, does the EU join as a group, as one organisation, or do the individual EU countries join—and, if so, what is the progress with that?
I note that IALA will remain consultative. I move on to paragraph 7.6 of the Explanatory Memorandum, which says:
“Membership of IALA … will allow the United Kingdom to continue to play an active role”,
et cetera. This question is linked to my previous question. Did our withdrawal a year ago from the EU mean that we were put at a disadvantage in relation to this issue of international maritime safety? Did our previous relationship link in any way with our membership of the EU, and therefore leave us out in the cold somewhat? Was that an important—and very good—reason for wishing to join this convention as soon as possible?
Lord Tunnicliffe (Lab)
My Lords, I welcome the introduction of this instrument to help to facilitate and recognise the new International Organization for Marine Aids to Navigation. The Committee will be aware that this new organisation is a transition from the previous International Association of Marine Aids to Navigation and Lighthouse Authorities, which has functioned since 1957. First, given that only five other nations have ratified the related convention, can the Minister provide the House with an estimate of when the transition will be completed? Secondly, can the Minister confirm whether the support and resources given by the UK to the new organisation will in any way differ from the support and resources given to its predecessor? Finally, can the Minister briefly explain the UK’s strategic aims for engagement in the organisation, as well as related bodies such as the International Maritime Organization?
We fully support the work of the new International Organization for Marine Aids for Navigation, and I am therefore pleased to welcome this order.
Baroness Vere of Norbiton (Con)
My Lords, once again, I thank all noble Lords for their contributions to this short debate on this order. I particularly welcome the expertise of the noble Lord, Lord Greenway. It is very good to have somebody in the Room who has such expertise.
I will give a little more information on the timeline from the UK’s perspective. All being well and subject to the agreement of your Lordships’ House and it being passed at the other end—I cannot recall whether it has yet—this order will go to the Privy Council in February. This would be the ratifying document that will then go off to Paris at the end of February or in early March.
I am really pleased that the United Kingdom will join a good list of people—indeed, the noble Lord, Lord Greenway, has already mentioned the countries that have ratified or accepted the IALA convention. The other point to note about that is that it has also been signed by 20 different countries, too. The process is therefore well on its way. Looking down the list of countries that have already signed it, there are a large number of heavy hitters—ones we would really want to be associated with. The EU does not really have a locus here. There is no impact of EU withdrawal on this. Looking at the countries that have signed, we have Belgium, France, obviously, the Netherlands, and all sorts of different countries. I do not think that is a fruitful or relevant area to discuss further.
I agree with the noble Baroness, Lady Randerson, that we need to make sure we have an enthusiastic leadership role in the maritime sector. I know that the Maritime Minister is very keen that we do. We have a lot of expertise on maritime aids to navigation. The general lighthouse authorities will continue to represent the UK at the intergovernmental organisation when it is established. Any member state obligation, should it arise, will be met by the Department for Transport in the first instance with FCDO input. In essence, our involvement will not change too much in terms of resources. Indeed, we will save ourselves around £15,000 a year on subscription costs. That is clearly beneficial.
The noble Lord, Lord Berkeley, asked whether the Irish pay for their own lighthouses. Yes, my Lord, they do. The Governments of the UK and Ireland have an agreement that all work by Irish Lights in the Republic of Ireland is paid for by the Irish Government.
If there is anything else I will write further, because I am at the end of what I have been briefed to say, but I will check back through Hansard to make sure that there is nothing else. Otherwise, I beg to move.