Oral Answers to Questions

Andy McDonald Excerpts

Thursday 2nd May 2019 Commons Chamber

[Chris Grayling]

I have said to all those who are commissioning new trains, particularly when my Department has a role in the procurement, that I expect manufacturers, when they deliver trains—this is an important point going back to what the hon. Member for Huddersfield (Mr Sheerman) said earlier—to leave a skills footprint and a technology footprint in the United Kingdom. One thing we can all do through the procurement process is to be absolutely insistent that that skills footprint is left behind. That does more than anything else to ensure that trains are and will be built in the United Kingdom.

[Andy McDonald (Middlesbrough) (Lab)]

The Secretary of State is in charge of the worst-performing Department when it comes to emissions. Transport emissions have risen since 2010. The Committee on Climate Change said that

“the fact is that we’re off track to meet our own emissions targets in the 2020s and 2030s.”

Is the Secretary of State content with this failure, or will he commit to honouring the UK’s own legal and international climate change commitments?

[Chris Grayling]

First of all, I am part of a Government who have presided over a fall in Britain’s carbon emissions. Indeed my hon. Friends who have spoken on this matter over the past two days have set out ways in which this Government are among the leaders in the world in seeking to reduce carbon emissions and to deliver actual results in doing so. Members should look at what we are doing in pushing for a transformation of other vehicle fleets on our roads and in getting hydrogen trains on to our rail network as quickly as possible. If they look at the work that my hon. Friend the Member for Hereford and South Herefordshire (Jesse Norman) is doing to promote cycling and walking, they will see that we are spending more than previous Governments have done. There is, of course, much more to do, but we are working harder than any previous Government to deliver real change.

[Andy McDonald]

The Government contributed to the UN’s special report on 1.5°C, yet failed to take into account its contents when designating the airports national policy statement. Similarly, the Secretary of State admitted that the Paris agreement, ratified years ago by the UK and by almost every country in the world, was not considered when designating the ANPS. Given that the UK Government have now accepted that we are in a climate emergency, will he review the ANPS in the light of Paris, the Intergovernmental Panel on Climate Change report and the Committee on Climate Change advice—if yes, when?

[Chris Grayling]

When we prepared the ANPS and when the Airports Commission prepared its recommendations, it was done in the context of the recommendations of the Committee on Climate Change. We have continued to work with the Committee on Climate Change, and I am confident that we will deliver that expansion and continue to fulfil our obligations to reduce carbon emissions and move towards what was set out this morning.

East Midlands Rail Franchise

Andy McDonald Excerpts

Thursday 11th April 2019 Commons Chamber

[Andrew Jones]

There were a number of points in my right hon. Friend’s question. As soon as the decision was taken on this franchise, all the bidders were notified. That is entirely standard. He has a great track record of delivering improvements across our rail network. Bidders were notified, of course, across all competitions, so that they did not incur extra costs. These things are expensive to operate, so this was awarded in a fair and consistent way.

Obviously, the contract to deliver the rolling stock will be between the successful bidder and its rolling stock provider, but we expect to see significant improvement in the rolling stock, and the feedback I have had from passengers along the line and from colleagues who serve along the line is that they are looking forward to seeing the benefits that those will bring.

[Andy McDonald (Middlesbrough) (Lab)]

Clearly, the franchise system is in complete disarray. It seems that Stagecoach boss Martin Griffiths and Richard Branson have been taken completely by surprise by the announcement of the decision to disqualify Stagecoach from the discredited franchise process, seemingly for failing to provide sufficient commitments in terms of the pension scheme, bidders having been asked to bear full long-term funding risks on relevant sections of the railways pension scheme. Can the Minister inform the House about the pension commitments made by Abellio that warranted the award of the east midlands franchise and the extent to which any such commitments were distinct and more acceptable to the Department for Transport?

Is not this really payback for the east coast collapse, two years ago? The question on the airwaves today was whether this decision would propel Richard Branson back into his favourite hobby of suing Her Majesty’s Government over the awarding of contracts, which has served him so profitably over the years. What preparations has the Minister’s Department made in readiness for potential costly litigation flowing from this decision?

Why did the Department change the pension rules in the middle of the bids? On south eastern, that was only made clear after two rebids. Is not that moving the goalposts?

The real issue is that this Government, by sleight of hand, are trying to reduce their support for the railways pension scheme. They are trying to pass these costs on to the private sector. That is why both Stagecoach and Arriva defaulted on their bids for the east midlands franchise. The rail industry has a plan to reduce the deficits in its pension schemes, yet the Government have ignored that and are attempting to bulldoze through changes without consultation. That is reckless. It will concern rail workers and worsen the rail service for passengers. What discussions were there with the trade unions? Moreover, given that Keith Williams has been instructed to conduct a root-and-branch review of the operation of our railway, why has such a lengthy franchise been awarded before the Williams review reports later this year?

The announcement is accompanied by the decision to extend the franchise award on south eastern to Govia. How can it be right for that company to be given the nod to continue when it has delivered such a miserable service and completely failed its passengers? Is that not further reward for failure? Surely even this beleaguered Government can see what is staring them in the face: the franchise system is in total collapse. They need to respond to long-suffering passengers and do what the next Labour Government will do: bring track and train back together in state ownership—this state.

[Andrew Jones]

The hon. Gentleman asked a number of questions. Is the franchising system in disarray? Of course it is not. If we look at what has happened to our railways over the past 25 years, we see unprecedented passenger growth. We now have more people travelling on our railways and more services run on our railways, and at a greater level of safety than ever before. The franchising system has been a key ingredient in that delivery. Do I think the franchising system is over? Absolutely not. I think we need to look at how it will evolve in future, and that is what the Williams review is doing. Franchising has helped get the system from A to B, reversing years of decline. We now need to see what system we will have as we take it through to the next stage.

Stagecoach knew that its bid was non-compliant—it acknowledged that to the Department. The hon. Gentleman asked about litigation. The Government are completely confident that the bid was evaluated and decided fairly. It is business as usual in the awarding of a franchise on our rail network. He asked whether the decision on the east coast main line was payback. That question is absolute nonsense. This is an entirely separate matter. The bid was won on merit by the strongest bidder. It offered the best bid, with new trains and more services, including more Sunday services and more early and late services. It was won on merit. If a company chooses to bid non-compliantly, that is its fault.

With regard to passing the costs on to the private sector, that is also nonsense, because these are private sector pension schemes. The rail operating companies have a section of the rail pension scheme. Their trustees will meet the Pensions Regulator to discuss that. Is this a question of the Government seeking to remove responsibility? No, this is a private matter and the trustees will be dealing with that in their own way.

The hon. Gentleman asked whether I have met the trade unions. I have met the National Union of Rail, Maritime and Transport Workers and ASLEF, and on this occasion I have written to them to highlight the award today.

Oral Answers to Questions

Andy McDonald Excerpts

Thursday 21st March 2019 Commons Chamber

[Jesse Norman]

I am slightly surprised that the hon. Lady, as Chair of the Transport Committee, is not aware of the very considerable funding—hundreds of millions of pounds—and the very specific and close work we are doing with cities, many of them Labour cities constructively working with Government on reducing this problem. It is a complex and multifaceted issue, and we are taking it very seriously.

[Andy McDonald (Middlesbrough) (Lab)]

This week the chief executive of the Committee on Climate Change said that tackling climate change

“requires the strongest leadership in the heart of government.”

But with the Government set to miss their emission reduction targets, it is clear that the Transport Secretary has failed to provide the leadership required. I have a straightforward question for the Minister: do he and his boss believe in man-made climate change, and if so, why are they refusing to act?

[Jesse Norman]

I can tell the hon. Gentleman that I am very much persuaded that many of the effects of man have been deleterious to the environment in many different ways, including relating to climate. Of course I share his concerns, but I am surprised that the Labour party is not taking this issue more seriously. How can he make a speech that discusses wide-ranging issues and not merely fails to mention issues of diversity or disability but barely focuses on cycling and walking—a critical set of interventions in which we are investing heavily across the country?

[Andy McDonald]

The Minister said there was nothing about that in my speech. I will send him a copy. He needs to read it again, because it was there.

Talk comes cheap, and what matters are actions. The Transport Secretary and his team have totally undermined carbon reduction measures by slashing subsidies for electric vehicles, scrapping rail electrification, gutting local bus services, allowing fares to soar and underfunding cycling. Will the Minister give an unequivocal undertaking to reverse those damaging cuts and embark on a programme of rapid decarbonisation of transport, or alternatively, will this Government instead go down as the one who chose not to act to protect the planet for future generations?

[Jesse Norman]

Far from having failed to read the hon. Gentleman’s speech, I have scrutinised it with almost rabbinical closeness. It is a rather interesting mixture of the good, the incoherent and the baffling. I quite liked some of the stuff about land value capture— I thought that was sensible—but it misunderstands the nature of carbon budgets, the entire purpose of which is to allow the whole of Government to make decisions about how carbon budgets, which we are presently meeting, will be addressed. It is also incoherent in wishing to nationalise the rail service, while also somehow removing Whitehall from the process. I look forward to further details and updates for the House.

--- Later in debate ---

[Andrew Jones]

I will certainly make sure that officials are fully engaged on this issue.

[Andy McDonald (Middlesbrough) (Lab)]

On a point of order, Mr Speaker. It was said by the Minister, the hon. Member for Hereford and South Herefordshire (Jesse Norman), that I had made no mention of cycling in my speech to the Institute for Government yesterday. I made five mentions of it, and there were 300 words devoted to the subject. The Secretary of State then added that yesterday Labour announced hiking the cost of going on holiday. Mr Speaker, I do not want to stray into using unparliamentary language, but that is not true. I seek your guidance as to what we can do to ensure that Ministers come to the Dispatch Box to correct the record.

[Chris Grayling]

rose—

EU Exit Preparations: Ferry Contracts

Andy McDonald Excerpts

Tuesday 5th March 2019 Commons Chamber

[Andy McDonald (Middlesbrough) (Lab)]

Was the hon. Gentleman as surprised as I was to hear that no costs had been incurred in this? He has highlighted the £800,000 that was paid out to consultants, but there was also the cost of dredging the port. We were told by the permanent secretary that that was paid for by Seaborne, yet the contract was cancelled. Is the hon. Gentleman as surprised as I am that Seaborne bore the cost of that itself—or was it borne by someone else?

[Alan Brown]

I am actually very surprised at that. I put in a written parliamentary question asking how much the Department for Transport had paid towards the dredging of the port at Ramsgate, and the answer I was given was that it had paid nothing, so I shall be challenging that further. We need to get to the bottom of this, because we know full well that that operation was not done for nothing and that the Transport Secretary was lobbying Thanet Council to keep the port open because of his negotiations with Seaborne. There is more to run on this, and I thank the shadow Secretary of State for bringing it up.

Returning briefly to Eurotunnel, we know that the out- of-court settlement was effectively a Government cave-in. The thing about that Government cave-in is that we have learned that they are going to keep 10,000 documents secret for reasons of commercial confidentiality, which will make it much harder for us to get the bottom of this. We know that they had no confidence in their own position because they settled out of court.

We also need to understand why the Health Secretary came to the Dispatch Box yesterday to tell us that this was such an important contract as it would keep medicines coming into the UK. He said that that was why the Government had negotiated the £33 million settlement with Eurotunnel. He suggested that it was not about compensation but about vital services and improvements. I repeat that we need clarity on this. If that £33 million was related to the provision of vital services, why did Eurotunnel take the Government to court? Why was Eurotunnel not identified as a reputable provider before, when the Government were looking at Seaborne Freight? How much of that £33 million compensation for Eurotunnel has gone forever? What services are we going to see? What updates will the House be given on the progress of those vital services that the Government have procured?

The Transport Secretary has been lax on updating the House from start to finish. We had one ministerial statement at the outset, which he thought would head off the bad press about Seaborne Freight. We have subsequently had to table three urgent questions, and we are now having this emergency debate. And of course, he has sometimes not even turned up to the Dispatch Box. The fact that he is unwilling to come to the Dispatch Box, state his case clearly and leave himself open to questions from Members says everything about his confidence in his own competence.

A procurement matter that I touched on yesterday is that it looks as though Bechtel is going to sue the Government over the HS2 tendering process, so will the Secretary of State identify what other departmental risks exist in relation to procurement? What review of the procurement process has he instigated? Who is heading up the review and when will it report on this matter? It is quite clear that some sort of procurement review is absolutely vital.

I will finish by again describing the Transport Secretary’s litany of failures. We heard about the near £600 million cost of privatising the probation service following his time at the Ministry of Justice.

--- Later in debate ---

[Chris Grayling]

I can absolutely confirm that, and I think it is absolutely right and proper that we took the steps necessary to ensure that continuity of supply. We did so with a collective decision across the Government, taken by Cabinet Committees.

[Andy McDonald]

Does the Secretary of State not understand and accept that today he is laying bare the advice that he received—and that he acted in contravention of that advice and he lost? We are not asking for an absence of preparation for contingencies; we are asking for a modicum of competence, and he has singularly failed.

[Chris Grayling]

We did not receive legal advice saying, “Do not do this.” We received legal advice saying that there was a risk in taking the approach, and we judged collectively across the Government that it was a necessary risk to take in the national interest.

--- Later in debate ---

[Andy McDonald (Middlesbrough) (Lab)]

It is good to see the Transport Secretary finally in his place today, after I tried and failed to bring him to the House yesterday. Instead he sent the Health Secretary as his human shield, but that came as no surprise, considering how the Transport Secretary has made a habit of treating this House with disdain. Perhaps he will reflect upon that.

I thank the hon. Member for Kilmarnock and Loudoun (Alan Brown) for securing this debate. Understandably, the Health Secretary was not able to answer the questions put to him yesterday, so I am going to have another go at getting some answers out of the Transport Secretary, but I am not holding my breath. In the papers filed at court in the weeks before the case was due to be heard, the Government lawyers described Eurotunnel’s case as “embarrassing”. They were bullish and confident, yet in the early hours of the morning of 1 March a settlement was reached between the Government and the company. This sequence of events raises many still unanswered questions.

[Joanna Cherry]

Does the hon. Gentleman agree that there is at least an apparent conflict between the reported out-of-court settlement of £33 million and the Secretary of State’s claim that the £33 million is to pay for “improved security”, and that we ought to be trying to get to the bottom of whether that is accurate?

[Andy McDonald]

The hon. and learned Lady makes an important point on an issue to which I will be returning in a few minutes.

[Alan Brown]

I tried to intervene on the Transport Secretary on this point. Was the hon. Gentleman as surprised as I was that only after an out-of-court settlement with Eurotunnel had been agreed was this suddenly all about medicines? We had all the other urgent questions and medicines were never mentioned, yet we come to the Eurotunnel settlement and suddenly this is a health-led initiative. Does he share my surprise?

[Andy McDonald]

Yes, I was greatly surprised, but the hon. Gentleman has to concede that there had to be some justification for bringing the wrong Secretary of State to the Dispatch Box, and if a hook could be found to hang that on, that was as good as any. It was a nice try, but it failed totally.

[Mr Jim Cunningham (Coventry South) (Lab)]

Has my hon. Friend noticed that every time the Government get something wrong through their incompetence, the excuse is that it is “in the national interest”, yet when Labour Governments make mistakes it is a different thing altogether?

[Andy McDonald]

My hon. Friend makes a pertinent point. I am just astonished that people can hide behind what they perceive as being the national interest; I fail to see how it is in the national interest to pour millions of pounds of taxpayers’ money down the drain. I do not call that being in the national interest at all.

[Neil Gray (Airdrie and Shotts) (SNP)]

I understand that the hon. Gentleman is about to turn to some of the questions he would like the Secretary of State to answer, but does he agree that one of them should be about the due diligence process that was carried out? The company that carried out that due diligence says that it could not ask the normal questions of Seaborne Freight because it was such a new entity. So how could the Government be in any way confident in their risk aversion in awarding that contract to Seaborne in the first place?

[Andy McDonald]

That is a very good question, and I have raised the point myself. Those who were inquiring into the bona fides of these companies were restricted in the scope they were given. Why on earth they did not look into the track record of the individuals concerned at Seaborne is beyond me, as these things are well known. A mere cursory search of Google tells us about the track record of Ben Sharp in his dealings in the Gulf, but seemingly that was not considered. The hon. Gentleman makes the point well.

Let me return to the settlement that was achieved on 1 March. I want to know why the Department for Transport was so confident about winning the case only a week before. What brought the sudden change in strategy towards the legal challenge? The Department clearly thought it could win. Who intervened? What was the view taken by other Departments—the Department of Health and Social Care Health, the Treasury and Downing Street? Why did they take a different view from the Department for Transport? Why did the Government not settle earlier? Why did they leave it so late? Why did they continue to employ Monckton Chambers and a QC and two barristers, who do not come cheap? How much was spent on this case, both on Government legal fees and Eurotunnel’s fees? Will the Secretary of State say who made the decision to settle with Eurotunnel over the £33 million provision of emergency medical supplies in the event of no deal?

[Chris Grayling]

I will give a very specific answer to that question: a Cabinet Committee.

[Andy McDonald]

I am grateful for that clarification that it took a Cabinet Committee to make such a mess of things. Can the Secretary of State specifically say what is in this standard settlement—or are there other clauses within it? Ordinarily, when such cases are settled, they are done by reference to a consent order, in which there would be a paragraph dealing with the sum of money to be paid. In these circumstances, it may say “£33 million” and it may say the date upon which that sum is to be paid. It may also say that the costs are to follow the event. So we want to know the answers to those questions.

[Joanna Cherry]

Does the hon. Gentleman agree that it would be highly unusual in an out-of-court settlement for the party settling to stipulate how the party receiving the settlement would spend the money?

[Andy McDonald]

I absolutely agree with the hon. and learned Lady on that. Having been in practice for the thick end of 30 years, I have never entered into a settlement where the defendant has told me what I am going to spend the money on. That is absolutely ludicrous, so we need to know the answers.

[Sir Edward Leigh (Gainsborough) (Con)]

Earlier, the hon. Gentleman said that the Secretary of State was being used as a human shield. Is he aware that many Conservative Members have considerable sympathy with the Secretary of State? We believe he has been urging his colleagues for the past two years to undertake contingency planning for no deal but was frustrated by other people, perhaps in the Cabinet, who did not want to do that. If mistakes are to be made because these decisions have been taken at the last moment, it is not the fault of the Secretary of State, but he is too much of a gentleman to argue that in his own defence.

[Andy McDonald]

I am grateful to the right hon. Gentleman for that revealing clarification about the obvious chaos that the Government are in over these important issues. They do not speak with a concerted and singular voice, and people are falling out with each other left, right and centre. That comes as no surprise to me whatsoever.

[Peter Grant (Glenrothes) (SNP)]

The hon. Gentleman clearly has a lot more experience than I do in matters of collective responsibility. Let us take the previous intervention at its word. If a Secretary of State is clear that the collective responsibility of the Government is preventing him or her from doing the job properly, is not the only honourable course of action for that Secretary of State to resign? So what the right hon. Member for Gainsborough (Sir Edward Leigh) has done by speaking in his defence is say that the Secretary of State should not resign now, as he should have resigned months ago.

[Andy McDonald]

That is a fair observation. We have heard that the Secretary of State was prevented from undertaking contingency planning in the first place because of disputes in the Government and that it took the Government to make a collective decision because nobody could come forward to take a decision on this settlement themselves. That really does characterise a Government in chaos and meltdown. Can the Secretary of State say which Departments contributed towards the £33 million? Yesterday, the Health and Social Care Secretary did not know whether his Department had contributed, so will the Transport Secretary please clarify which Department or Departments paid that bill?

[Charlie Elphicke]

Although I do not agree with the action that Eurotunnel took, it has to be said that this £33 million is clearly being invested in border infrastructure. I would like to see and have been calling for similar investment in Dover. Does it not occur to the hon. Gentleman that this money could have been very well spent as “no regrets” spending to improve our border security and trading links?

[Andy McDonald]

I say gently to the hon. Gentleman that that is a ridiculous proposition. Is he saying for a single second that this is wise investment and that it takes a court case for people to come to the right conclusion about investing in our border provision? Is he really suggesting that that is the way to drive public policy? Is he suggesting that we drive Government policy through the litigation process, whereby a claimant puts a case to the Government to say, “This is what you should be doing.”? He cannot possibly sustain that as an argument.

[Charlie Elphicke]

rose—

--- Later in debate ---

[Andy McDonald]

I know the hon. Gentleman wants to get to his feet to retract that comment, so I will let him intervene again.

[Charlie Elphicke]

The hon. Gentleman is making a facile point. My point is simply that the Secretary of State, confronted with opportunism, has made the best of a bad job to make sure that the investment is used to the good of the country, not to fatten the profits of Eurotunnel. In a difficult situation, he has done the right thing, trying to act in the national interest while being consistently undermined by the Labour party, the Scots Nats party, the TIGgers and everyone on the Opposition Benches, who have been continually trying to undermine this country’s leaving the European Union.

[Andy McDonald]

If the hon. Gentleman really thinks that expending £33 million when the Government did not want to or need to is a sensible way forward and a sign of success, I really do not want to see what failure looks like. That is outrageous. Saying that £33 million was the maximum amount to be paid implies that payment was conditional on particular outcomes being achieved. There is a lack of clarity on whether the Government can claw back money from Eurotunnel if it is not used on Brexit preparations. So do such provisions exist?

On that point, was the permanent secretary at the DFT correct to say of the Seaborne contract award:

“I am confident that our process was lawful, and obviously the Department and I acted on legal advice in determining how to take that process forward”?

Has the Secretary of State’s Department therefore thrown £33 million of public money down the drain by not contesting Eurotunnel in the courts? Or is it the case that because of the Prime Minister’s catastrophic Brexit negotiating tactics, which have brought us right up to the cliff edge with 24 days to go before we leave with a default no-deal Brexit, the Government’s failure to plan for such a devastating outcome has meant that they have given themselves no option but to pay out this money to Eurotunnel? Surely nothing says more about the shameful and destructive Conservative party than how, in the year 2019, a UK Government are having to make such costly decisions about prioritising medicines over food supplies. This disaster is only of the Conservatives’ own making.

The Secretary of State for Health and Social Care was wrong to claim that yesterday’s urgent question was not related to Seaborne even though the legal action was brought about in response to the award of a contract to Seaborne Freight. He did not explain why, if it was not related, as he stated, an agreement was reached with Eurotunnel now rather than in November or December. It is one way or the other.

[Chris Grayling]

rose—

[Andy McDonald]

I am happy to take an intervention. Hopefully the Secretary of State can come to the Dispatch Box and correct his human-shield colleague, because the urgent question was directly related to the Seaborne contract.

[Chris Grayling]

Once again, the hon. Gentleman has conveniently forgotten that 90% of these contracts for the things on which the NHS is depending are with DFDS and Brittany Ferries. I wish that at some point he would be frank with the House and explain the full gamut of what we are talking about.

[Andy McDonald]

That is not the first time the Secretary of State has put up this false argument, as if 10% of the goods flowing into this country through these ports and by this method are somehow irrelevant and unimportant. It is a ludicrous proposition. If damage was caused to 10% of the trade coming in, we would be in an incredibly difficult position.

[Chris Grayling]

rose—

[Andy McDonald]

No, I have already let the Secretary of State intervene on this point. [Hon. Members: “Oh!”] Come on then, get it over with!

[Chris Grayling]

The hon. Gentleman cannot add up. This contract brought 8% of the equivalent, in total, with DFDS and Brittany Ferries, and the contingency buffer was made up by Seaborne on the basis of buying tickets in advance that we would not pay for unless the ship sailed.

[Andy McDonald]

I cannot add up? I really think that is pot calling kettle. The Secretary of State has not been able to count for years; he is costing us a fortune.

Andrew Dean from law firm Clifford Chance warns that this may not be the end of the matter. Mr Dean, who used to advise the DFT and is a procurement specialist, says it is quite likely that the Eurotunnel deal will be challenged. What contingency planning has been done in relation to such a challenge, and what public funds, if any, have been allocated as part of such plans? The Secretary of State talks about having received legal advice and listened to it; perhaps he could tell the House what advice he has received about the risk of yet further satellite litigation because of the deal he has done.

The Government talk about the UK maritime industry being market-led. Is it not the case that the Secretary of State’s blundering interventions have directly undermined the industry? He promised to ensure continuity of supply for six months in the event of a no-deal Brexit. Key to that was not increasing traffic around Dover, yet the Eurotunnel/Getlink route still goes through the same bottleneck road network on either side of the channel.

The Secretary of State appears to be puzzled by the anger of the House. Allow me to explain why Members and the public are so furious: this latest fiasco would be enough to warrant the resignation of the Secretary of State even if it were an isolated incident, but it is not a one-off; rather, it is the latest costly error in a series of blunders—blunders that could have been avoided were a different, more competent Secretary of State in post.

[Alison Thewliss (Glasgow Central) (SNP)]

The hon. Gentleman is making a really good point, but my constituents are also very cross about the sheer waste of money in all this, and at a time when we are told that we do not have any money for anything else.

[Andy McDonald]

The hon. Lady makes a valid point. An awful lot of people are looking at these eye-watering sums and thinking about what else could benefit from such interventions. That really makes my point for me: the Transport Secretary’s record is that of a departmental wrecking ball. Almost every decision he made as Secretary of State for Justice was damaging and eventually reversed, at significant cost to the taxpayer. As Secretary of State for Transport, he has repeatedly thrown our transport networks into chaos, wasting obscene amounts of public money. A £2 billion bail-out for Virgin Trains on the east coast line; his failure to prepare airports for drone attacks; his awarding of contracts to Carillion when the company was on the verge of collapse; the rail timetabling chaos; the privatisation of probation services; the banning of books from prisons—the list goes on and on.

Research into the total cost of the Secretary of State’s mistakes, both in his current role and at the Ministry of Justice, found that he has cost the taxpayer £2.7 billion. That money could have paid for the annual salaries of 118,000 nurses or 94,000 secondary school teachers. Instead, it has been squandered. He has even wasted more money than the Prime Minister offered as a Brexit bribe to towns. Shamefully, all this has been allowed by the Prime Minister, who keeps him in post because she is short of allies in the Cabinet. The country is being made to pay a heavy price for her political weakness. This would be unacceptable at any time—

[Chris Grayling]

This is really poor.

[Andy McDonald]

The right hon. Gentleman says, “This is really poor” from a sedentary position, and I agree with him: this is really, really poor. It would be unacceptable at any time, but it is especially outrageous following the years of austerity and neglect that have left our towns and communities hollowed out and our public services in crisis.

[Joanna Cherry]

The hon. Gentleman is giving an excellent speech. Does he agree that if the SNP Government in Edinburgh or the Labour Government in Cardiff were guilty of this sort of profligacy with public money, we would never hear the end of it from Conservative Members?

[Andy McDonald]

The hon. and learned Lady is exactly right: it is one rule for the Tory party and another for everyone else. [Interruption.] No, it is not a funny issue. The right hon. and hon. Members on the Government Front Bench would condemn such waste, and with some justification; they really cannot complain when other people hold them to account for their continuous errors and wastefulness.

There are now 8 million working-age adults in poverty, while child poverty has grown to more than 4 million and rising; councils have had their funding slashed by half; violent crime is rising; and school budgets are seeing cuts for the first time in 20 years. In my constituency and many others throughout the country, there is appalling poverty and people are struggling. We are told that there is not the money to properly fund our schools, hospitals or social care services, yet the Prime Minister always finds the money to indulge the Secretary of State’s latest blunder. A further £1.9 billion has been spent on planning for a damaging no deal. For some, it seems, austerity is over. It is one rule for Tory Ministers and another rule for the rest of us. This cannot be allowed to continue. On behalf of the country, I implore the Secretary of State to resign.

[Charlie Elphicke (Dover) (Con)]

I congratulate the hon. Member for Kilmarnock and Loudoun (Alan Brown) on securing this debate. He has been far more efficient and effective than the official Opposition, who did not seek this opportunity.

It seems to me, representing one of the channel ports as I do, that the issue is that the people of Britain voted to leave the European Union. Some 17.4 million people voted to leave and we need to make a success of it. They voted to leave because they believed in Britain and in the kind of land of opportunity that we could build. They believed in the kind of future that we could make outside the European Union. That vote needs to be respected.

Having backed remain myself, after the vote I listened to my constituents, who said, “Let’s leave,” and I spent time on contingency planning. Two years ago, I set out a detailed report about how we needed to be ready on day one, deal or no deal; how we could overhaul our entire customs systems, our road infrastructure and our border infrastructure; and how that investment would be no-regret spending because a more efficient border system would provide economic growth. That is not just my case; it is what Jon Thompson, head of Her Majesty’s Revenue and Customs, said in evidence to the Treasury Committee when I raised the possibility of a single Department for borders. That is why I say that it is no-regret spending to invest in our borders, our border security and our border systems.

The shadow Secretary of State rejects as absurd the view that we should make such an investment. No doubt it would not be made by a Labour Government—they did not make it last time, so they would not do it now. They are not serious about border security, and they have a leader who believes that every single migrant should be allowed to wander into the country.

[Andy McDonald]

In case the hon. Gentleman wants to cite my words accurately, I said that the litigation route was a peculiar way of going about investing in infrastructure. Waiting until somebody sues us before we decide what to do—surely to goodness, that is not the way we should go about business when developing policy in this country.

[Charlie Elphicke]

The Labour party failed completely to invest in many things, including border infrastructure, when it was last in power, and it has not been serious about border security and border control ever since.

--- Later in debate ---

[Lilian Greenwood (Nottingham South) (Lab)]

Shortly after the Secretary of State awarded contracts to ferry operators as part of his no-deal contingency planning, the Transport Committee, which I chair, received two submissions to our inquiry into freight and Brexit alleging that the Secretary of State had acted illegally in doing so. Although it has already been published, I would like to make the House aware of the written evidence submitted by Dr Albert Sanchez-Graells. He is a reader in economic law at the University of Bristol Law School, a former member of the European Commission stakeholder expert group on public procurement, a member of the European Procurement Law Group and a member of the Procurement Lawyers Association Brexit working group, so one would think that he probably knows what he is talking about.

Dr Sanchez-Graells was clear in his evidence to our Committee that

“The award of three contracts for ‘additional shipping freight capacity’ in the context of the Government’s ‘No-Deal’ preparations raises important illegality concerns.”

He said that, under regulation 32(2) of the Public Contracts Regulations 2015,

“‘extreme urgency’ only exists where an unforeseeable event renders impossible the observance of the time-limits laid down for calls for tenders.”

He said that the award of the three contracts for additional capacity seems “likely” to be in breach of that regulation,

“as there was time to comply with the 60 calendar days’ time limit required by alternative, transparent competitive procedures with negotiation.”

He went on to say:

“Even if it was accepted that there was no time for alternative competitive procedures… the award to Seaborne Freight (UK) Ltd still raises issues of potential illegality. The Secretary of State for Transport has justified the award as an act of support for a new British start-up business. This fact, coupled with…the lack of readiness of the port infrastructure…undercuts the rationale of the extreme urgency of the procurement and heightens the likely illegality of the award.”

We now know that the Department faced a legal challenge from Eurotunnel and that settling the case has cost UK taxpayers at least £33 million.

I am afraid that the Secretary of State has shown a repeated failure to operate in an open and transparent manner. He avoided questions in the House yesterday, but as I said, that does not mean that these questions go away. I understand why he is not in his place. However, I expect to receive written answers to these questions, as I assume that the Under-Secretary of State for Transport, the hon. Member for Harrogate and Knaresborough (Andrew Jones), who is sitting on the Front Bench, does not intend to respond to them this afternoon.

These are the questions that I want to raise. It is reported in The Times today that the Secretary of State wanted to fight Eurotunnel’s legal action over the award of contracts to ferry firms but was overruled. Is that true? What legal advice did the Government receive on the likely success of Eurotunnel’s action? How was the sum of £33 million arrived at? Is the fact that the Secretary of State was overruled an indication that he does not enjoy the confidence of the Prime Minister or his Cabinet colleagues? I believe he mentioned that it was decided by a Cabinet working group.

When the Secretary of State was not here yesterday, we had the rather ludicrous spectacle of the Secretary of State for Health trying to cover for him and explain. He said that

“the purpose of the decision is to ensure that unhindered flow of medicines.”—[Official Report, 4 March 2019; Vol. 655, c. 700.]

However, he failed to answer the question from my hon. Friend the Member for Batley and Spen (Tracy Brabin) about how much of the £33 million being paid to Eurotunnel is being contributed by the Department of Health and Social Care. We still need an answer to that question, and I expect to receive one.

I will not be surprised if my Committee has additional questions. The hon. Member for Bexhill and Battle (Huw Merriman), who unfortunately is not able to be here for this debate, has described the level of this settlement as “absolutely outrageous”, so I am sure he will share my wish to understand how it was arrived at. How much of Eurotunnel’s £33 million settlement will be spent on border measures in Calais, rather than in the UK? Is it right that the UK taxpayer will be paying for these measures, rather than Eurotunnel or the French Government?

[Andy McDonald]

Does my hon. Friend share my concern that the settlement may amount to an entirely fresh procurement process, and if that has not been done correctly, there is a real risk of yet further litigation and cost to the taxpayer?

[Lilian Greenwood]

My hon. Friend raises an important point. We would like to receive further information about the basis on which this settlement was reached and the legal risks that it entails.

Finally, I return to the question I asked yesterday, to which I received nothing but bluster. If there is a Brexit deal, or if indeed there were no Brexit, how much of the taxpayers’ £33 million do the Government expect to recover from Eurotunnel? I take it from the Secretary of State’s earlier response that the answer is none. I would be grateful if we received answers from him to those questions.

It is essential that the Department for Transport is subject to proper scrutiny and held properly accountable for its waste of public money. It is very disappointing that the Secretary of State once again had to be dragged to the Chamber. At least on this occasion he was here, but we still do not have proper answers on these important matters, which the public deserve.

--- Later in debate ---

[Joanna Cherry]

I am grateful to the hon. Gentleman for that, because he actually reinforces the point that I sought to make. The National Audit Office has that information, and the House of Commons has had it today and yesterday, but my point is that on repeated occasions when I asked a number of Ministers from different Departments what the explanation was for this urgent need to tender non-competitively, not once did any of them mention what we are told was a collective decision to do it for a particular purpose. I therefore question whether that explanation has been invented after the fact.

[Andy McDonald]

The hon. and learned Lady is doing a brilliant job of exposing the facade that has been put up to excuse this reprehensible behaviour, but is the bottom line not that the Government knew that they were in breach of their own procurement rules and that Eurotunnel was going to win? That is why they settled the case.

[Joanna Cherry]

That is the bottom line. The hon. Gentleman is absolutely right.

I am going to draw to a conclusion, because I know that others want to speak. The history of this whole event, which the Government now say that they all knew about as it was a collective decision, has been one of evasion and obfuscation. I and others are left with the inevitable conclusion that they are trying to cover up a monumental error of staggering negligence in their preparations for a no-deal Brexit, which is costing the British taxpayer a lot of money. I would like to point out that Scottish taxpayers did not even vote for all this nonsense in the first place, and their representatives in this House have, apart from the Scottish Tories, done their best to try to get a no-deal Brexit off the table.

I came to the House this afternoon planning to ask for the resignation of the Secretary of State for Transport. That has been asked for by others already. But now that we know that this was a collective decision and that the Government are taking collective responsibility for it, let me say that in any normal, healthy and functioning democracy this scandal would bring the Government down.

--- Later in debate ---

[Drew Hendry]

My hon. Friend, who, along with other colleagues here, has been at this since the beginning, has made the point that the Transport Secretary takes no responsibility. He is willing to accept none of the criticism. I would say that he is Teflon, but the public know that he is not, because all this sticks to him. However, he has not had his just deserts: either being sacked from his job, which should have happened, or resigning from it.

[Andy McDonald]

The point about the Transport Secretary’s intervention in his other lives is well illustrated by his attitude to judicial review. He did not like people taking the Government to court, so he made it more difficult for them to do so. Is that not consistent with his attitude to this matter?

[Drew Hendry]

I agree with the shadow Transport Secretary. It is indicative of the way in which the Transport Secretary has performed throughout his ministerial career, and, indeed, it is now indicative of the Government themselves.

The Government’s settlement with Eurotunnel confirms what everyone except, it seems, the Transport Secretary knew: that flouting EU law on the basis of so-called unforeseen events was a completely untenable position. The only development that was foreseeable was that he would make a hash of anything that he touched. He now even has his own website, tracking how much money he is costing the taxpayer. That becomes a great deal less humorous when we see the amount: £2.7 billion as of this morning, although—as we know from the Transport Secretary—that may have gone up while I have been speaking.

Before the Government’s settlement last week, Eurotunnel said:

“It appears …that the secretary of state is seeking to maintain extensive claims to confidentiality in relation to large numbers of disclosed documents and appears to intend that large parts, if not all, of the trial should be held in private.”

Moreover, we have again seen a failure to disclose answers to the questions asked in the Chamber.

Let me end by asking some more questions. The Transport Secretary says that there has been a changed assumption. No, there has not; there has been complacency and arrogance. There was an urgent question about this issue yesterday, following a weekend of silence from the Transport Secretary. Why did he duck it, and send the Health Secretary to answer it in his place? Has he any shred of respect for the principle of ministerial accountability?

The question remains why Eurotunnel was overlooked in this first place. As I have said, the secrecy is of real concern. How much documentation is still hidden from public view? If the no-deal contract is not invoked, how much money will still be paid to Eurotunnel? With engineering firm Bechtel set to sue the Government over the HS2 tender process, what other departmental procedural risks still exist? Is it not the case that any other individual working on a business deal would have been sacked by now for wasting the amount of money the Secretary of State has wasted to date? What message does that send to the public? The message it sends is that failure, waste, ignorance, complacency, arrogance and contempt for the public are to be rewarded by the Tories.

Oral Answers to Questions

Andy McDonald Excerpts

Thursday 14th February 2019 Commons Chamber

[Ms Ghani]

I can. My hon. Friend is a great champion of the port of Immingham and I know I have an open invitation from him to visit it. I have indeed discussed that port with ABP and it has confirmed that ports across the country are looking forward to the extra business and trade that will come their way post Brexit.

[Andy McDonald (Middlesbrough) (Lab)]

On 8 January, the Secretary of State told the House that no public money was used in the Seaborne Freight contract, yet the National Audit Office says that £800,000 of taxpayers’ money was spent on consultants. The Prime Minister says that things are hunky-dory, but it has been revealed that the Department bypassed its own procurement rules to award a high-risk contract to Seaborne. Will the Minister acknowledge that the Secretary of State has, however inadvertently, misled the House and has not followed his Department’s procurement processes?

[Ms Ghani]

That is such a ridiculous statement to make. It is just inaccurate. There are complaints when due diligence is not done and complaints when due diligence is done. When funding is allocated and spent within the Department, due diligence is carried out for a variety of reasons. What is interesting is that the Labour party is against business, against us helping our port sector and against Brexit. It would be interesting to know what it actually stands for.

[Andy McDonald]

Poor, very poor. The Secretary of State is, presumably, simply never wrong, but what about the timetabling mess on the trains, the east coast bail out, multiple transport and justice contracts to Carillion, the book ban on prisoners, court fees that push the innocent to plead guilty, and the catastrophic privatisation of probation and prisons? His ongoing presence in the Government makes an international laughing stock of us all. Quite simply, the country cannot afford him. So I ask in all sincerity: will he please step down before he does any further damage?

[Ms Ghani]

I am not quite sure what show we are on, but this is Transport questions and the hon. Gentleman attacking an individual because he has nothing left to say is absolutely embarrassing. We have record investment in our infrastructure. I believe that under the Labour Government infrastructure investment in our country dropped from seventh to 33rd. Labour is not a party for our country. May I just reflect on ports? Our ports are doing a fantastic job trading, they do the majority of trade outside the EU and they will continue to do really good trade post Brexit.

Seaborne Freight

Andy McDonald Excerpts

Monday 11th February 2019 Commons Chamber

[Andy McDonald (Middlesbrough) (Lab)(Urgent Question)]

To ask the Secretary of State for Transport if he will make a statement on the cancellation of a contract with Seaborne Freight as part of the Government’s contingency planning for a no-deal Brexit.

[The Secretary of State for Transport (Chris Grayling)]

In December, following a collective Government decision and a procurement process involving my Department and the Treasury, we contracted with three shipping companies to provide additional ferry capacity as part of contingency planning for a potential no-deal EU exit.

Let me make it absolutely clear that in the event of a no-deal Brexit, the Government’s priority will be to ensure the smooth operation of both the port of Dover and the channel tunnel, and we are introducing measures at the UK end to contribute to that. However, any sensible Government plan for all eventualities. That is why we agreed contracts worth around £100 million, with the bulk of the award—£89 million—going to DFDS and Brittany Ferries to provide services across seven separate routes. Built into those agreements are options to add capacity on two other routes from those companies, should they be required. That capacity could be needed to guarantee the smooth flow of some key goods into the UK, particularly for the NHS. It is worth my reminding the House that, in the event of no deal and constriction on the short strait, the capacity would be sold on to hauliers carrying priority goods.

In addition to the £89 million-worth of contracts with DFDS and Brittany Ferries, the Department entered into a £13.8 million contract with Seaborne Freight to provide ferry services from the port of Ramsgate to Ostend. At the time of the award, we were fully aware of Seaborne’s status as a start-up business and the need for it to secure vessels and port user agreements to deliver a service. However, the shorter distance between the two ports meant that the route could provide us with shorter journey times and lower cost, making it a potentially attractive part of the package.

Seaborne’s proposition to the Department was backed by Arklow Shipping, Ireland’s biggest and one of Europe’s largest shipping companies. For commercial reasons, I have not been able to name Arklow Shipping or mention its involvement to date, but its support for the proposition from the outset and the assurances received by the Department provided confidence in the viability of the deal. Arklow confirmed to me that it intended to finance the purchase of ships and would be a major shareholder in Seaborne. It also confirmed to me its view that the Seaborne plans were “both viable and deliverable”. Those assurances included clear evidence about the availability of suitable vessels from the continent and about the formal steps that Seaborne, via Arklow, had taken to secure the vessels. However, releasing that information into the public domain could have driven up the cost of the vessels significantly and might even have resulted in their being removed from the market, where supply is extremely scarce. I have therefore had to refrain from saying anything publicly about this to date.

My Department monitored closely Seaborne’s progress towards meeting its contractual commitments. By last week, the company had secured firm options on ships to operate on the route, had reached provisional agreement with Ostend and was close to doing so with Ramsgate. However, late last week, despite previous assurances, Arklow Shipping suddenly and unexpectedly withdrew its backing from Seaborne. In the light of this, and after very careful assessment, I took the decision to terminate this contract. My Department concluded that there were now too many major commercial issues to be resolved to enable Seaborne to establish alternative arrangements and finance in the time needed to bring ferries and ports into operation.

As I have repeatedly made clear, not a penny of taxpayers’ money has gone, or will go, to Seaborne. The contracts we agreed with the three ferry companies are essentially a commitment to block-book tickets on additional sailings after the UK leaves the European Union. So actually we have taken a responsible decision to make sure that taxpayers’ money is properly protected.

I can confirm that the contracts with DFDS and Brittany Ferries remain on track and will provide us with valuable additional freight capacity into the UK in the event of disruption following EU exit. We also have contractual options to replace the Seaborne capacity with additional capacity on routes in the North sea, and this is an option we will be discussing across the Government in the coming days.

While the focus of this Government is to secure a deal with the European Union, as a responsible Government we will continue to make proportionate contingency plans for a range of scenarios. That is the right thing to do.

[Andy McDonald (Middlesbrough) (Lab)]

What began as a debacle has now descended into a Whitehall farce. This Minister is rewriting the textbook for ministerial incompetence in office. I repeatedly warned the Secretary of State that this was the wrong decision at the time, as did industry, yet he chose to ignore those warnings. He told the House last month that this procurement was done properly. It has since emerged that the Department for Transport took shortcuts on the Seaborne Freight procurement. The deal was signed off by a sub-group of a sub-group and the main form of oversight, the procurement assurance board, never looked at it.

The Secretary of State points the finger at Arklow for the contract cancellation. Is it really a good time to further insult the Irish, and is the Arklow angle not a distraction from his decision? He has produced a letter from the company more than a month after the contract was signed; it does not prove anything regarding due diligence. He told this House that the Seaborne contract award was

“responsible stewardship of public money.”—[Official Report, 8 January 2019; Vol. 652, c. 191.]

Sadly, the exact opposite is true, yet again.

The Secretary of State’s decision to award the contract to Seaborne led Ramsgate port owner Thanet Council’s budget deficit to grow by nearly £2 million in the last year. His personal intervention to halt the budget vote last Thursday has compounded those losses. Two days later, he pulls the plug on Seaborne, leaving the council high and dry with mounting losses. What is more, taxpayers face a legal bill of nearly £1 million to fight Eurotunnel following his decision. So can he say how much cancelling the contract will cost the taxpayer and specifically the costs incurred in his own Department? He simply cannot keep blaming others for his own mistakes. This disastrous decision sits squarely with him and his office. Is this Transport Secretary’s approach to transport and wider Brexit contingency planning not off the Richter scale of incompetence? And for the good of the nation and the sake of some semblance of faith being restored to this shambolic Government, should he not now, at long last, do the decent thing and go?

[Chris Grayling]

I have to say that the hon. Gentleman brings new meaning to the term “utter hogwash”. First, he clearly was not listening when I said that we have spent no money on this contract. My Department is doing a lot of work on no-deal Brexit preparations, as are other parts of Whitehall—that is the prudent thing to do—but we have not spent any money on this contract. The contract was in fact assured jointly by my officials and officials in the Treasury.

The hon. Gentleman says the letter is worth nothing, but let me just quote from the letter, from the managing director of Arklow Shipping, one of Europe’s biggest shipping companies with operations in Rotterdam and Ireland, which covers chartering, technical and crewing, and finance. He said:

“Arklow Shipping has been working with Seaborne for twelve months in connection with Seaborne’s proposals to develop new freight services between the UK and continental Europe. Arklow Shipping is therefore familiar with Seaborne’s agreement with Her Majesty’s Government to provide additional freight capacity in the event of the UK’s departure from the European Union on a no deal basis.

3. In support of the current proposals to develop the shipping route between Ramsgate and Ostend, Arklow Shipping intends to provide equity finance for the purchase of both vessels and an equity stake within Seaborne which will be the operating entity of this project.

4. Seaborne is a firm that brings together experienced and capable shipping professionals. I consider that Seaborne’s plans to deliver a new service to facilitate trade following from the UK’s departure from the EU are both viable and deliverable. I will be working closely with the team at Seaborne to ensure that they have appropriate support from Arklow Shipping to deliver on their commitments to Her Majesty’s Government.”

Enough said.

Oral Answers to Questions

Andy McDonald Excerpts

Thursday 10th January 2019 Commons Chamber

[Chris Grayling]

This is why 90% of the new contracts are with DFDS and Brittany Ferries. As I said, I am disappointed that the Scottish National party does not welcome the DFDS contract that will provide additional routes from east coast ports to northern Europe, which will be beneficial to Scottish business.

[Andy McDonald (Middlesbrough) (Lab)]

Putting to one side the ridiculous and desperate allegations of the Secretary of State that Labour is anti-business and his banal allegations over Brexit, I point out that the Seaborne fiasco lays bare his total incompetence and the complete failure of due diligence. Before granting the ferry contract, was he aware of the debt or the promissory note between Ben Sharp, now Seaborne’s CEO, and Mid-Gulf Offshore, acknowledging Sharp’s indebtedness to that company of over $1 million, which remains unpaid?

[Chris Grayling]

That clearly got under the hon. Gentleman’s skin because he really does not like Government supporting new start-up businesses. The reality is, as I said earlier this week, that due diligence on this contract was done by Slaughter and May, Deloitte and Mott MacDonald, as he would expect, and off the back of that we formed a contract which we pay nothing for until the service is delivered.

[Andy McDonald]

Here’s another one the Secretary of State might not answer. As a result of this debacle, a variety of legal challenges to the Secretary of State may well flow from, among others, existing freight service providers with capacity. On Tuesday, he said that Seaborne will be able to run ferry services immediately, but on Wednesday the Government said that Seaborne will not be able to open the route between Ramsgate and Ostend until late April at the very earliest. Surely that puts Seaborne in default of its contract to deliver services from 29 March and the contract is therefore void. In those circumstances, should not he reverse his appalling judgment and cancel the contract without delay?

[Chris Grayling]

We will hold all the companies that have presented us with proposals to the terms of their contracts.

Seaborne Freight

Andy McDonald Excerpts

Tuesday 8th January 2019 Commons Chamber

[Andy McDonald (Middlesbrough) (Lab)]

(Urgent Question): To ask the Secretary of State for Transport if he will make a statement on the awarding of a contract to Seaborne Freight as part of his no-deal contingency planning.

[The Secretary of State for Transport (Chris Grayling)]

The Government are working towards ensuring that we leave the European Union in March with a sensible agreement for the future, through the withdrawal agreement that the House will consider next week, but any responsible Government need to plan for all eventualities. As part of that work, the Department for Transport has been undertaking a wide range of activities to mitigate the impact on the transport system of a potential no-deal EU exit, particularly around the movement of freight. For example, my Department has been delivering measures such as the Haulage Permits and Trailer Registration Act 2018, which puts systems in place if a permit system is required to ensure that UK heavy goods vehicles can continue to be used in the EU.

We have also put in place Operation Brock as a replacement for Operation Stack, in order to deal with disruption at the channel ports. This is not simply a Brexit-related measure. We do not want to see any repeat of the issues that Kent faced in 2015, with the closure of the M20. If there is any disruption at the ports, for whatever reason, Operation Brock should keep the motorway open while we prepare the long-term solution of a lorry park. Yesterday, Kent County Council and my Department carried out a live trial of one part of Brock, on the route from Manston. We were satisfied with the number of vehicles that took part, which was more than enough to determine a safe optimum release rate from Manston to the port of Dover via the A256 and caused minimal traffic disruption along the route.

This is a range of examples of the sensible contingency planning that a responsible Government are carrying out to ensure that we are prepared for a range of outcomes. We remain committed to ensuring that movement across the UK border is as frictionless as possible, whatever the outcome. However, without planning, there could be significant disruption to the Dover strait, particularly if no agreement is reached. Given the importance of these routes to the UK economy, it is vital that we put in place contingency plans to mitigate any disruption that might occur in a no-deal scenario.

The Department is working with the port of Dover and the channel tunnel—as well as with our French counterparts, at both official and ministerial level—to ensure that both operate at the maximum possible capacity in all instances. Those discussions are positive and I am confident that everyone is working constructively to ensure that the Dover-Calais route—particularly at the port of Dover—and the tunnel continue to operate fluidly in all scenarios. However, in order to ease any pressure on those routes, my Department has completed a proper procurement process to secure additional ferry capacity between the UK and the EU. Following this process, three contracts were awarded to operators, totalling a potential of £103 million. Almost 90% of that was awarded to two well-established operators: £46 million to Brittany Ferries and about £42 million to DFDS. These contracts provide additional capacity on established routes, and through additional sailings and, in some cases, additional vessels, into ports in northern Europe and other parts of France.

A third, smaller contract, which is potentially worth £13.8 million, was awarded to Seaborne Freight, a new British operator, to provide a new service between the port of Ramsgate and Ostend. Let me stress that no money will be paid to any of these operators unless and until they are actually operating ferries on the routes we have contracted. No money will be paid until they are operating the ferries. No payment will be made unless the ships are sailing, and of course, in a no-deal scenario, money will be recouped through the sale of tickets on those ships.

As I believe the House knows, Seaborne is a new operator looking to reopen that route, which closed five years ago. As a result of this, we ensured that its business and operational plans were assessed for the Department by external advisers, including Slaughter and May, Deloitte and Mott MacDonald. These included Seaborne’s plans to charter vessels for service, as is common across many transport modes including airlines and rail operators. We also conducted searches on the directors of Seaborne via a third party, and found nothing that would prevent them from contracting with the Government.

I make no apology for being willing to contract with a new British company, particularly one that has a large number of reputable institutional backers. We contracted with Seaborne Freight because the service it proposes represents a sensible contingency in the event of disruption on other routes. I am also pleased that this award supports the port of Ramsgate, which operated as a commercial ferry port as recently as 2013 and has taken roll-on roll-off services as recently as last year. I am looking forward to seeing ferry services resume from this port. The infrastructure work required to make that possible has already started, and it is one of the most visible and symbolic elements of how seriously my Department is taking contingency planning for all Brexit eventualities.

[Andy McDonald]

The Transport Secretary has awarded a £14 million contract to a company with no money, no ships, no track record, no employees, no ports, one telephone line, and no working website or sailing schedule. Two of Seaborne Freight’s directors would not pass normal due diligence requirements. One of them, Ben Sharp, is already under investigation by a Government Department. Did the Department for Transport consult other Departments about Mr Sharp’s fitness as a company director? Ben Sharp quit his business activities in the Gulf leaving a trail of debt behind him. His company, Mercator, was merely a shell finding vessels for security companies. Is it correct that he operated without the licence he needed pursuant to the Export Control Order 2008? Did he operate without that licence? Yes or no?

It is abundantly clear from the promissory note published by “Channel 4 News” that Sharp owed and still owes Mid-Gulf Offshore more than $l million, and many more companies besides. How is it that Slaughter and May, Deloitte and Mott MacDonald were instructed to restrict their due diligence examination to the face value of the presentation put to them by Seaborne? Why on earth have they been allowed to restrict their investigation to the present company and not to consider the trading history of the individuals concerned, particularly Ben Sharp? The mayor of Ostend has made it clear that Seaborne cannot berth at his port as it has no bank guarantees and no contract with Ostend. It is without capital. Who is investing in Seaborne? Who is paying for the dredging of Ramsgate?

This is a shoddy and tawdry affair, and the Secretary of State is making a complete mess of it. This contract is likely to be unlawful and it violates every current best practice guidance issued by Whitehall. When will he realise that this country cannot continue to suffer the consequences of his gross incompetence? Why is this calamitous Secretary of State still in post?

[Chris Grayling]

I am not even going to address the idiocy that the hon. Gentleman has just come up with. He has made a number of allegations, which I suggest he goes and makes elsewhere. I am simply going to say this: the Government have let a contract for which we will pay no money until and unless ferries are running. That is responsible stewardship of public money. On other matters, from the due diligence we have done, there is no reason to believe that anyone involved in this business is not fit to do business with the Government. I say this again: we are not spending money unless these ferries operate.

Drones: Consultation Response

Andy McDonald Excerpts

Monday 7th January 2019 Commons Chamber

[Andy McDonald (Middlesbrough) (Lab)]

I should like to thank the Secretary of State for giving me advance sight of half of his statement—that is a new trick, just giving me some of the pages—but I have to say to him: is that it? Announcing the end of a consultation exercise does not constitute action; nor does it go any way towards restoring confidence in his capabilities; nor does it go any way towards addressing the justified anger of the hundreds of thousands of passengers who had their travel plans thrown into chaos ahead of the festive season after the malicious and sustained drone attack at Gatwick airport. In fact, his statement serves only to highlight the damage that his dithering and delaying have caused.

It is not only Labour Members who are critical. Colonel Richard Kemp, a former intelligence chairman of the Cabinet’s emergency Cobra committee, said:

“It is amazing that this kit”—

the kit to defeat drones—

“was not in place and that we have had to wait two days for it to be installed. This drone incident is hardly a surprise. They’ve been known about for years.”

And Lord Dannatt, the former head of the Army, said:

“By any analysis, the fiasco at Gatwick over the last few days has been a national embarrassment of near-biblical proportions. With most of Europe already sniggering at the United Kingdom over our Government’s inept handling of Brexit, we did not need to add more lines to the pantomime script.”

Of course, right hon. and hon. Members will vividly recall the Secretary of State describing the ennoblement of General Dannatt as a “political gimmick” by the Labour party, only for him then to realise that the former Army chief was in fact ennobled by—you’ve guessed it—the Conservative party.

It is good to learn that the Government might finally listen to the advice of industry on extending drone exclusion zones around airports to some 5 km, but it is unfortunate that this advice was not considered sooner. It is also unfortunate that the drone incursion at Gatwick airport in July 2017 did not serve as a warning to the Secretary of State. He clearly learned no lessons from that incident, and he was totally negligent in failing to bring forward measures to better protect national infrastructure. The Government’s approach to drones has been chaotic, and the industry clearly has no faith in his ability to deal with serious incidents. It was no surprise to learn from the media that, during the Gatwick incident, the Secretary of State was stripped of his command by the security services due to his inaction. An effective Transport Secretary would have taken decisive action once the threat was known and understood. Earlier and clearer direction from him would have given airports the confidence to invest in anti-drone technology. His prevarication has delayed investment in detection and prevention measures. Why did he not ensure that proposals were brought forward to universally license such technology for use at airports?

Labour has repeatedly warned Department for Transport Ministers over the last several years that they needed to take action on drones, yet nowhere near enough has been done. The drone consultation closed five months ago, yet the Gatwick fiasco still happened, and it is abundantly clear that the Department is totally distracted by having to deal with this Government’s chaotic Brexit, including extending the duties of departmental staff to handing out blankets, sandwiches and hot drinks to lorry drivers who find themselves trapped on the M20. Following the Vehicle Technology and Aviation Bill, which fell before the last election, the Government have found the time to legislate on space flight and air travel organisers licences, as well as vehicle technology and lasers during this Parliament, but their failure to bring forward detailed plans on drones has had disastrous consequences.

It is frankly astonishing that there were no plans in place across the Government Departments to deal with a drone attack. Why was there no urgent, clear and effective response? The drones Bill will seemingly include powers for the police to enforce any new laws or regulations relating to drones. Greater police powers are welcome, but they are meaningless without more resources. What arrangements does the Secretary of State intend to set out to enable airports to act urgently in the event of a hostile drone incursion? What steps will he take to give confidence to airports that their actions will be permitted and lawful? Drone licensing and registration are not due to come in until November 2019. Should not the Secretary of State accelerate the introduction of such provisions in all circumstances? Developing drone technology presents huge public policy challenges that demand a sweeping, cross-departmental response across Government. My fear is that the rhetoric we have heard from the Government today is many miles away from reality, and is it not stark-staringly obvious that this Secretary of State is not up to the job?

Oral Answers to Questions

Andy McDonald Excerpts

Thursday 22nd November 2018 Commons Chamber

[Ms Ghani]

I have been following the Select Committee inquiry very closely. It is interesting that the hon. Gentleman mentions Bristol, because bus passenger numbers have gone up by 42%. He raises a valid point, because punctuality, the timing of bus arrivals and departures, and journey times are key to increasing bus patronage, which is why we are increasing funding to make sure that information is available.

[Andy McDonald (Middlesbrough) (Lab)]

Since 2010, bus funding has been almost halved, fares have been increased by over 50% and thousands of routes have been cut, shrinking the network to its smallest size in decades. Does the Minister agree with the United Nations assessment of Tory transport policy:

“Abandoning people to the private market in relation to a service that affects every dimension of their basic well-being is incompatible with human rights requirements.”?

[Ms Ghani]

I would rather stick to the facts. We make over £1 billion of funding available for concessionary bus passes every year, and we continue to be committed to that. Some £250 million is paid to support bus services up and down the country. There is no denying that there are challenges in some parts of the country. However, the hon. Gentleman forgets to note that bus patronage is up by 42% in Bristol, up by 38% in South Gloucestershire and up by 31% in Central Bedfordshire. There are services that are working right, and local authorities are working with bus providers to make sure that up-to-date information is available.

[Andy McDonald]

Just as Conservative Members ridicule complaints about the state of our roads, the Government have dismissed the UN report as political. Let me tell the Minister that the decision to axe vital public services to fund tax cuts for millionaires, now that is political. Now the Prime Minister has declared that austerity is over, will the Minister commit to reversing these cruel and harmful cuts that are denying people their human rights?

[Ms Ghani]

I am afraid that Labour Front Benchers have run out of anything positive to say about any part of our transport infrastructure, even to support buses across the country. As I said, there is £1 billion of funding for concessionary bus travel. We are making franchising available to those mayoral authorities that wish to take it up, but they refuse to do so. [Interruption.] I do not know whether this is just going to go back and forth, but the fact is that we are putting funding into bus services, making sure they are greener, making sure that more information is available and making sure that more people can catch a bus.