Railways (Safety, Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations 2019
Baroness Randerson Excerpts(4 years, 6 months ago)
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The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
My Lords, I will start by explaining why we are considering this instrument under the urgent “made affirmative” procedure provided for in the European Union (Withdrawal) Act 2018.
This instrument is important for ensuring clarity and certainty for the rail industry and passengers. It fixes deficiencies in a number of pieces of rail-related legislation, including important changes to the rail safety legislative framework and corrections to minor issues in previous Brexit-related instruments raised by the JCSI.
The Government committed in previous debates on rail Brexit legislation in this House and to the JCSI that the rail safety amendments and the issues identified by the JCSI would be fixed in time for the UK’s exit from the EU. We gave very careful consideration to the appropriate procedure for this instrument. Providing certainty and clarity to industry and passengers is an absolute priority.
We concluded that in order to provide the right level of certainty and fulfil commitments made to this House and to industry, this instrument needed to be in place for exit day. Therefore, this instrument was signed and laid on 7 October using the urgent “made affirmative” procedure. Noble Lords will be aware that the Article 50 extension letter was not sent until 19 October, and the extension was agreed only on 28 October.
Turning to what this instrument does, its most significant provision is to introduce in Great Britain a two-year recognition period for Part A safety certificates issued in the EU before exit day by amending the Rail Safety (Amendment etc.) (EU Exit) Regulations 2019. It will also make corrections to EU implementing legislation that has come into effect since 12 April 2019, as well as some further minor corrections to earlier implementing legislation.
I will now provide some background information on the changes being made by this instrument, including Part A safety certificates. Part A safety certificates are valid for up to five years and are an essential piece of documentation for operators seeking to operate trains in Great Britain. They are issued by the ORR and set out the essential safety arrangements and systems a train operator has in place to run trains competently and safely.
This instrument will introduce a two-year recognition period for existing Part A safety certificates issued in the EU as part of establishing full regulatory control of our rail safety regime. This gives certainty that EU-issued Part A safety certificates will continue to be recognised for the purpose of operating trains on the mainline railway in Great Britain for two years after Brexit or until they expire, whichever is the sooner. A train operator will then need to apply to the ORR for a new Part A safety certificate and accompanying Part B safety certificate. Two years provide an appropriate amount of time in which industry can prepare and align itself with the GB domestic certification regime and are consistent with recognition periods introduced in other rail-related Brexit legislation. This SI also enables GB-appropriate control, which we will use to maintain our excellent safety record. Safety is always the number one priority on the railway.
Only one operator has been identified as providing services in Great Britain using a Part A safety certificate issued in another EU member state. The operator is RTS Rail Transport Service GmbH. Officials from my department and the ORR have actively engaged with the operator concerned to ensure that it is prepared for Brexit, and its application for a new Part A certificate is well advanced.
Turning to the amendments correcting issues in previous Brexit-related instrument, I reassure noble Lords that the instrument we are considering today has been through pre-legislative scrutiny by the JCSI which returned it without comment. It was also considered by the JCSI in its meeting of 16 October and was not identified as an instrument to be brought to the attention of the House. The JCSI identified minor drafting issues in two previous rail Brexit instruments. I am sure noble Lords will remember that I detailed at least two of those drafting issues in a previous debate, but just in case I will do so again briefly.
In specific terms, the JCSI identified three missing words in the Railways (Safety Management) (Amendment) (EU Exit) Regulations (Northern Ireland) 2019. They were a definition relating to the Northern Ireland Department for Infrastructure’s monitoring of safety targets, namely the term “risk to whole”. The committee identified that the term,
“risk to society as a whole”,
appears in paragraph 12(3)(f) of Schedule 7, and that this term should have been defined in paragraph 2 in place of “risk to whole”. The committee also considered that the words,
“risk to society as a whole”,
should have been set out in full rather than the label “whole society” in the table at the end of the schedule.
In addition, the JCSI identified minor drafting errors in the Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019. Specifically, they were a duplication of a sub-paragraph and an incorrect cross-reference to other legislation. Those errors are corrected in this instrument, and the Government would like to thank the JCSI for pointing them out.
My department has also identified small analogous errors in two other Brexit instruments, the Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 and the Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019. These errors are also corrected in this instrument.
This instrument will also make the usual Brexit-related corrections to EU implementing legislation that has come fully into effect since 12 April 2019. These include corrections such as removing references to “member states” and replacing references to European legislation with references to domestic legislation wherever possible. The instrument also makes some further minor corrections to earlier implementing legislation.
It is important to emphasise that officials have worked closely with the industry throughout the preparation of this instrument and it will welcome the clarity and certainty that it will provide. The provisions contained in this instrument will enable the rail legislative framework to continue to operate effectively after exit day. This instrument provides certainty to the railway industry and passengers and will ensure that the rail legislative framework continues to function effectively after the UK leaves the EU. I commend these regulations to the Committee. I beg to move.
Baroness Randerson (LD)
My Lords, I thank the Minister and her officials for talking us through these regulations at a meeting yesterday. I am very grateful for her time. Despite her enthusiasm, I had to supress a weary sense of déjà vu about this, but then I thought of an upside. When the history of this Parliament is written, this SI will go down as one of the significant pieces of legislation passed during this Session which, after all, has lasted only a couple of weeks, so it will have its place in history and therefore I set my mind to looking at it with rather more attention and diligence. But my whole spirit protests at the amount of time that we, and particularly officials, have spent preparing for a no-deal Brexit—an issue which is so damaging that it should never have been a credible option.
This SI fixes deficiencies in previous drafting, as the Minister has noted. I believe that there are four of them; that is quite a lot for such a short piece of legislation. My concern is that officials have been under such pressure to churn out such no-deal legislation, if I can call it that, that it has been very difficult for them to maintain the usual high standards. I had a quiet laugh at the opening line of paragraph 2 of the Explanatory Memorandum, which tells us:
“The Government is committed to leaving the European Union on 31 October”.
I will come back to this later on.
The core purpose of this SI is to put in place a system of recognition of Part A safety certificates for rail operators. It introduces a two-year recognition period, which is flexible according to the renewal date. As the Minister has pointed out to us, this affects only one company but it is symptomatic of the ridiculous position that we are in. Part A certificates are currently EU-portable; the company concerned therefore only has to get them once, and they apply in all EU countries where that company operates. It is proposed that, in future, the ORR will issue Part A certificates. As a result, as the Secondary Legislation Scrutiny Committee’s report observes:
“ORR issued Part A safety certificates will be substantially the same in terms of content compared to EU issued Part A safety certificates, including the requirements necessary to obtain one. However, after the UK leaves the EU ORR issued Part A certificates will not have EU identification numbers, EU symbols or references to the EU. ORR issued Part A safety certificates will not be valid in the EU”.
This is about creating something which is identical in intent but has a different badge. It creates more complexity and bureaucracy; it is very far from the rosy image we were sold in 2016. The effect is of course that the company concerned, and any other company which might come along and need this certificate, will have to get two certificates rather than only one. What is more, since it is a criminal offence to operate a railway without a Part A certificate, the criminal offence has to be adjusted too. What will happen to the mountain of paperwork and complexity that we have created when, or if, we decide not to leave the EU after all? Are we going to have to unwind it painfully, SI by SI, or could we have just one mega-piece of legislation saying: “Forget what we have done for the last year”?
Electric Scooters
Baroness Randerson Excerpts(4 years, 6 months ago)
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Baroness Vere of Norbiton
The noble Lord is quite right. As I mentioned, it is illegal to ride e-scooters on any land that is not private. The police can enforce the matter, they can issue fines and can sometimes confiscate the scooter.
Baroness Randerson (LD)
My Lords, I have hired electric scooters in countries where it is legal to do so. Dockless bike hire schemes in this country cause similar problems with disposal and parking at the end of the hire period. They are left lying around and cause an obstruction. Do the Government accept that at least part of the answer lies in giving local authorities more power to regulate and manage bike and scooter hire schemes?
Baroness Vere of Norbiton
I cannot guarantee to the noble Baroness exactly where we will end up in the relationship between local authorities and hire scheme providers, but she is quite right to say that different countries and different cities have taken different approaches. For example, in Barcelona, there are only hire shops—you cannot just pick up one of these things from the streets—but in Paris, for example, they are currently legislating to treat e-scooters much like e-bikes. Different countries are doing different things. I want to ensure that we do the right thing for London and other big cities where, no doubt, such schemes would take off.
Transport: Buses
Baroness Randerson Excerpts(4 years, 6 months ago)
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Baroness Randerson
To ask Her Majesty’s Government what plans they have to encourage more people to travel by bus.
The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
My Lords, the Government are boosting bus services, harnessing bus data and tackling congestion. To boost services, the new bus deal includes an additional £30 million on top of the £43 million already paid to local authorities. To harness data, the bus open data digital service will collate real-time location and fare data. On congestion, we will update guidance to local authorities on bus priority measures.
Baroness Randerson (LD)
My Lords, despite some one-off initiatives, which of course one welcomes, we continue to face a bus emergency. For instance, 65% of local authorities no longer provide free transport for 16 to 18 year-olds, and many bus services have been cut. Does the Minister agree that we need a national bus strategy to promote increased usage, zero-emission buses and more integrated services? Do the Government intend to reform and significantly increase funding for bus services to address the £650 million funding gap faced by local authorities and operators over concessionary fares?
Baroness Vere of Norbiton
I am pleased to be able to agree with the noble Baroness, Lady Randerson. It is critical that we have a national bus strategy. The Government have already announced that we will put in place such a strategy. Going alongside that will be our commitment to long-term funding for the bus sector.
Draft Heavy Commercial Vehicles in Kent (No. 1) Order 2019
Baroness Randerson Excerpts(4 years, 6 months ago)
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The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
My Lords, the draft Heavy Commercial Vehicles in Kent (No. 1) Order 2019 and the Heavy Commercial Vehicles in Kent (No. 2) Order 2019, along with the Heavy Commercial Vehicles in Kent (No. 3) Order 2019, which requires the negative procedure, are a package of measures and it is important that they should be debated together. I am grateful to the House for facilitating this.
As noble Lords will be aware, the Government have been supporting partners in Kent to develop Operation Brock. Brock is a co-ordinated multi-agency response to cross-Channel travel disruption, specifically when capacity for heavy goods vehicles to leave the UK through the Port of Dover or the Channel Tunnel is significantly restricted. We are prepared to use Brock should cross-Channel disruption occur because of the UK’s departure from the EU in a no-deal Brexit, although it could, of course, also be deployed as a result of disruption resulting from bad weather or industrial action. These orders are a vital part of Operation Brock, as they will significantly expand and strengthen the enforcement regime that underpins it.
Operation Brock replaces Operation Stack, and the difference is that it has been specifically designed to keep the M20 motorway in Kent open in both directions, with access to junctions, even in periods of severe and protracted disruption. Operation Brock consists of three phases, the first being a contraflow queuing system on the M20, between junctions 8 near Maidstone and junction 9 near Ashford. The contraflow system enables all other traffic to travel in both directions of the M20 on the London-bound carriageway when cross-Channel heavy goods vehicles are stored on the coast-bound carriageway. When the M20 queuing system—the first phase—is reaching capacity, cross-Channel heavy goods vehicles bound for the Port of Dover would be diverted to Manston Airport. That is the second phase. The third and final phase is the use of the M26. If needed, the M26 can be used as a last resort to store trucks heading to Europe via the Channel Tunnel.
It is important to note that the Kent Resilience Forum, which comprises bodies such as the county council and the police force, is responsible for the Operation Brock plans. Any decisions relating to the activation and timing of the different phases of Operation Brock will be taken by Kent Police as the Gold Command, in consultation with the Kent Resilience Forum.
We are undertaking an extensive communications programme to inform traders and hauliers of new requirements resulting from our departure from the EU. We recognise that if there is widespread non-compliance, it could lead to serious congestion on Kent’s roads. In the summer of 2015, when Operation Stack was deployed for an extended period of time, compliance with the traffic management system was low. Almost a third of cross-Channel heavy goods vehicles avoided the system, causing serious traffic problems on the local road network, with parts of Kent becoming gridlocked. Over the past year, the department has held regular discussions with the Kent Resilience Forum and other stakeholders in Kent. They have been keen to see gaps in the legislative framework addressed and measures to strengthen the enforcement of Brock.
A final consultation on the package of measures was undertaken this summer. This was targeted to affected stakeholders in Kent, such as Kent County Council, the Port of Dover and Eurotunnel, and freight and road haulage associations. As mentioned in the Explanatory Memoranda, the responses received were broadly supportive and provided helpful points of detail that assisted us in drafting the orders, such as refining when the new restrictions and powers should be used, as well as raising wider points on the deployment of Operation Brock, such as on the provision of welfare for truck drivers. I would like to thank everyone who responded.
It is crucial that these instruments are brought into force by 31 October to ensure that the scheme operates as efficiently as possible and to reduce the impact on businesses and local communities in Kent. I am grateful that time has been found for these debates to take place so quickly and for the speed with which the Joint Committee on Statutory Instruments and the Secondary Legislation Select Committee have scrutinised these instruments.
I will now set out what the two orders we are considering today, as well as the associated third order, provide. Under order No. 1, traffic officers in Kent will be able to require the production of documents to establish a vehicle’s destination and readiness to cross the border. If the driver can produce the appropriate documents, they will be given a permit for onward travel. In addition, the order provides powers to direct drivers to proceed to a motorway, removing the vehicle from the local road network, and powers to direct drivers not to proceed to the Channel Tunnel or the Port of Dover except via a specified road or route. Document checks to help make sure that a haulier has the right documents will be carried out on the M20 by temporary traffic officers contracted by, and under the direct supervision of, Highways England, while broader traffic management and enforcement will be dealt with by permanent staff and the police.
This order also sets the amount of the financial penalty deposit for offences relating to Operation Brock, so it may be helpful if I briefly explain the roadside enforcement regime. A driver with a UK address who commits a road traffic offence can be issued with a fixed penalty notice, which must normally be paid within 28 days or it can be enforced by a local magistrates’ court. If a driver does not have a UK address and therefore could avoid that follow-up enforcement action, the police or the Driver and Vehicle Standards Agency—DVSA—can require the immediate payment of a financial penalty deposit. If a driver cannot pay the deposit, their vehicle is immobilised. This regime is used for many road traffic offences and ensures that penalties are paid. The amount of the deposit introduced by the other two instruments for breaching the traffic restrictions or for failing to comply with a traffic officer exercising the new powers is set at £300. The fixed penalty notice amount is also set at £300 by the No. 3 order, to which I will return later.
Order No. 2 prohibits cross-Channel heavy goods vehicles using local roads in Kent other than those on the approved Operation Brock routes. To facilitate traffic flow, the legislation also requires cross-Channel heavy goods vehicles to remain in the nearside—left-hand—lane when using those parts of the Brock routes that are dual carriageway local roads. Appropriate exceptions to this prohibition have been provided after consultation with the Kent Resilience Forum and freight associations. For example, a vehicle on a cross-Channel journey can make a local collection or delivery provided the driver can provide information sufficient to satisfy a constable or traffic officer that the vehicle is being driven on a particular road for that purpose alone.
To complete the whole picture, order No. 3, which has been laid using the negative procedure, prohibits cross-Channel heavy goods vehicles accessing the coast-bound carriageway of the M20 between junctions 9 and 13 unless the driver is displaying a permit. As I said, this permit will be issued in the Brock queue between junctions 8 and 9, enabling a driver to demonstrate that they have followed the approved Brock route and have complied with any border document checks that may be undertaken in the queue. This order also prohibits cross-Channel heavy goods vehicles joining the M20 contraflow between junctions 8 and 9 of the London-bound carriageway. It also sets the amount of the fixed penalty for offences relating to this series of instruments.
We have provided that the new powers and traffic restrictions in the orders will cease to have effect at the end of December 2020. This date coincides with the end of planning permission for the holding of heavy goods vehicles at Manston Airport. Manston is of course an integral part of the Brock system, so this is a suitable and consistent date for them to cease to have effect.
Crucially, these instruments introduce powers to require the production of border documents and the obligation for drivers to comply with any readiness check before using the roads leading to the ports. If the UK leaves the EU without a deal, the UK will become a third country, and the customs authorities in EU member states will introduce EU border and customs rules. For goods to move smoothly across the border, traders will therefore need to complete new processes for customs and provide documentation to their hauliers, who will need it when carrying goods. If drivers try to take goods across to the EU without the right documentation, it is possible that they will not be able to complete their journey. That may be because the UK port turns them away because they do not have the required documentation; for example, some of the customs documentation must be scanned at Eurotunnel before the vehicle can board the train. Or they may be blocked from progressing through an EU port by a member state customs authority; vehicles could be delayed and fined or returned to the UK, or goods could be destroyed. Both scenarios could lead to congestion at UK and EU ports. This could be particularly severe at the Channel ports of Dover and Calais, given the volume of traffic that they handle and the existence of French passport controls on the UK side of the Channel at these ports, and could lead to significant delays on Kent’s road network.
We propose conducting border readiness checks in the Brock queues. In practice, this means that: if Brock M20 is active, HGVs heading to Dover and Eurotunnel will undergo checks on the M20 between junctions 8 and 9; if Brock Manston is active, because congestion at the ports has worsened, Dover-bound heavy goods vehicles will be queued at Manston Airport, where checks will take place, and Eurotunnel-bound heavy goods vehicles will continue to queue on the M20 and be checked there. A haulier who is deemed to be ready to cross the border will be given a permit that allows them to go to the port. Hauliers who try to go to the port without a permit could be stopped, directed to the back of the relevant Brock queue and receive the proposed on-the-spot £300 fine by the police or the DVSA.
These orders are of vital importance to allow sensible traffic management in Kent. It is critical that we demonstrate to the public and to business that Operation Brock will be ready, fully operational and enforceable on day one should it be needed to deal with the impact of cross-Channel disruption. I beg to move.
Baroness Randerson (LD)
My Lords, I welcome the fact that there has been local consultation on this. However, my word—this conjures up a depressing and distressing picture of the world we might be entering into, and the people of Kent need to be seriously worried about the way in which this will impinge on their lives.
It is worth noting at this point that the Secondary Legislation Scrutiny Committee drew these orders to our attention, noting that it believed that the use of Section 8 powers of the Traffic Management Act 2004 was a “significant” issue that the House should be aware of.
The Minister referred to the fact that the third order was not before us. I hope she will forgive me but I could not hear her explanation of why we do not have it. However, I want to hear clearly from her that the third order is being made at the same time. Could she also please address the fact that, as part of this whole package of activity, there are three special development orders which apply to Manston Airport, Waterbrook in Ashford, and car park D at Ebbsfleet station? They all allow the use of land for the stationing of vehicles, for facilities for drivers and for the pre-processing of papers required in order to export goods if there is no deal. As they are an intrinsic part of the package—although I realise that they will not be part of the Minister’s responsibilities—I think it is important that we know how that will all fit together and when all the information will have come to us that needs to.
Baroness Vere of Norbiton
I thank all noble Lords who have contributed to a very thorough debate today. A number of issues have been raised. I will do my absolute utmost to cover as many issues as I possibly can, but of course I will write, as I am already fairly sure that there are certain issues I cannot cover in great detail.
I start with the issues raised by the noble Baroness, Lady Randerson. She started by painting a rather grim picture that this is some sort of a takeover of Kent by the Government. It certainly is not. She mentioned that there has been local consultation, but the request for these powers very much came from the local resilience forum.
Baroness Randerson
I specifically welcomed the fact that there had been local consultation. I am afraid the Minister misheard me.
Baroness Vere of Norbiton
I am sorry if I phrased that incorrectly. I know that the noble Baroness welcomed the local consultation. The point I was trying to make is that this was more than the Government just going to Kent and saying, “What do you think of this?”. This was more about Kent saying, “Actually, given what happened with Operation Stack, we’d really like these powers, and if the Government could sort it for us, that would be great”. So that is what the Government are trying to do today. As has been mentioned by a number of noble Lords, these powers are available in the event that there is congestion at the border caused by a no-deal Brexit, but they can also be used for bad weather and/or industrial action.
The noble Viscount, Lord Hanworth, noted the use of Operation Stack in 2015. I, too, was unfortunate enough to drive through Kent at the time, and it was a nightmare. It caused great trouble, so we are well aware of the issues that can happen, and they do not have to be Brexit-related. Having said that, however, these powers are limited to 31 December 2020. That is right, in that we would not want to extend powers then leave them hanging for a long period of time if they are not needed in future. Certainly, should we or a Government in the future decide that they are useful and benefit the people of Kent, I would expect similar legislation to be passed again in future, once these powers have fallen away on 31 December 2020.
As I have mentioned, these powers are very much for the benefit of businesses, residents and people who—like me—travel through Kent. They are being made under a variety of different Acts, which is why—I am sure noble Lords understand—one is draft affirmative, one is made affirmative and one is negative. They stem from different parts of our legislative scope and the different things we have available to us. They are a series of instruments and will not come into effect without Parliament’s approval, so the negative does not come into effect on its own.
The noble Baroness, Lady Randerson, mentioned the SDOs and referred to three different sites. The SDOs are in place for Manston, which has been in place since January 2019; Ebbsfleet, which has been in place since September 2019 and will be used as an HMRC transit site; and Ashford, which has been in place since September 2019 and is an HMRC transit site and turnback site so that HGVs that arrival at Eurotunnel and are found to be not compliant will have somewhere they can go that will have facilities for them to try to get themselves compliant, so that they can be border-ready and can head across to the border.
The noble Baroness, Lady Randerson, and the noble Lord, Lord Rosser, mentioned empty lorries. These will be treated the same as other lorries. I will be honest with noble Lords: we looked at whether we could treat empty lorries separately, but there are various issues around, for example, packaging. Some packaging, although it is empty, must have the relevant certification with it because obviously there is no way of making sure that that packaging is empty. Therefore things such as beer kegs need some customs documentation. An empty lorry that does not carry beer kegs will not need it.
This brings us on to the general discussion about the documentation needed, who is checking it and how qualified these people are. There are levels—layers—to this entire system. The traffic officers, whether they be temporary or permanent, will look for the existence of certain documents. This is not a shadow French or EU customs operation; they are looking for the existence of the documents. If those documents exist, they assume that that HGV is compliant; it will get a permit and continue. They do not have to be experts. However, I take the point: training is under way and is being done in order that the traffic officers, whether permanent or temporary, recognise the documents that we will require when they get to the border.
The classes of documents we are looking for are fairly straightforward: for travel documents, it is a passport or ID card, and for customs, it is the movement reference number from two different types of document. Only in the case of phytosanitary certificates, export health certificates or export licences for chemicals and drugs will we look for additional documents. The training is under way and will continue. To do the checks, the traffic officers will have screens. It is done online. The software is translated into 11 different languages so that if the traffic officer speaks to somebody who does not speak English but perhaps speaks one of the languages in front of them, we can make sure that the person has the documents and can be on their way with a permit as quickly as possible. To help noble Lords’ understanding, the traffic officers are doing the checks; they are also responsible for traffic movements. We are looking to the police for enforcement, not checks, and to the DVSA, which has similar powers.
The noble Baroness, Lady Randerson, went on to talk about the contraflow. We are very seized of the issue that the contraflow brings to the M20. We completely understand that it is not a permanent solution. I can give the noble Baroness some hope. I have seen some proposals for what the permanent solution may be. We are getting to the bottom of them, and I very much hope that in the not too distant future we will be able to share with noble Lords what the permanent solution will be. I do not believe it will be as terrifying—as the noble Baroness mentioned—as driving down that stretch of the M20 can be at this moment in time.
Turning to the local lorries, I suppose there are two issues here. First, there are lorries that need to do a delivery or pick-up within Kent before they proceed to the border. I would expect them to have all the appropriate documents because they are heading to the border. In all this there is an overarching assessment of reasonableness. They should have the right sort of documents. We spoke to the Kent Resilience Forum about the other local lorries, and the police are well aware of the rat-runs that HGVs trying to get to the border might use. They know where people are going. They will not be covering every single road in Kent. Most of the local traders in Kent will be able to get from A to B with no trouble. Many noble Lords have recognised that a lot of these hauliers—well over 80% —will be operating businesses based out of the EU. I suggest to noble Lords that the number plate might be a bit of a giveaway anyway, but of course it is clearly not 100% fool-proof.
I turn to the impact assessment or lack thereof. A de minimis assessment was undertaken with these SIs about the actual or potential imposition of this contingency plan. We followed the approach agreed with Defra advice. The more general issue of potential disruption in Kent in the event of no deal has been assessed by the Kent Resilience Forum with input from the border delivery group and DfT.
I turn to points raised by the noble Lord, Lord Rosser. I have what I hope are some helpful numbers that will put his mind at rest about the additional staff. If operational, it is true that this will need a significant number, but remember that these powers are only needed if Operation Brock is in. We are probably looking at 125 temporary traffic officers. They will do the traffic checks on the M20 and will be on three-month contracts extendable by three months. We will be looking at about 130 DVSA enforcement staff, 60 of whom will come from outside Kent. There will 120 Highways England traffic officers. There will be 350 police officers, 160 of whom will come from outside Kent, given the very well understood structures that exist for when police forces need to help one another. Any deployment from outside the Kent area will be time limited. Appropriate arrangements will be put in place to ensure that roles are covered as people move to different responsibilities.
Baroness Vere of Norbiton
The noble Viscount raises an important point, but those people are already recruited. Although it sounds like a huge and responsible role, the temporary traffic officers will have a very specific role—which is for the M20, to do the border-readiness checks. They are recruited and are undergoing training.
Baroness Randerson
I would like to press the Minister for a little more information about what information is currently on the GOV.UK website to help hauliers. The Minister referred to warnings about getting ready for a no-deal Brexit. That brought to mind those irritating adverts on the television that tell you absolutely nothing; they tell you to get ready for a no-deal Brexit but do not say what you should be doing. We need much more precision in this case. Is that information on GOV.UK already, so that hauliers and their employers can look at it?
Baroness Vere of Norbiton
I thank the noble Baroness for reminding me to go back to this. I know that I am not supposed to have extra documents in the Chamber, but I have one here. There is a document, which has been available for quite some time, and there is also a shortened version. This document, Transporting Goods Between the UK and EU in a No-deal Brexit: Guidance for Hauliers, is available on pop-up stands as well as on GOV.UK. On the basis of my answers to these questions, and that I will write, I hope noble Lords will see fit to approve these regulations.
Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019
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The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
My Lords, the Government are working to secure a new deal with the EU. However, if we have to leave with no deal, the Government are committed to preparing for this outcome.
With regards to commercial aviation, we have already conducted intensive work to ensure that there is a functioning legislative framework and an effective regulatory regime for this critical part of the UK economy. This new instrument will ensure that the legislative framework and regulatory regime for this sector remain robust. The Government have given very careful consideration to the appropriate procedure for progressing this instrument. For the reasons I will shortly outline, it is important to have this instrument in place by exit day. That is why we have selected the “made affirmative” procedure which, while allowing for parliamentary scrutiny, should ensure that outcome. These draft regulations will be made under the powers conferred by the European Union (Withdrawal) Act 2018, and amend EU regulation 2019/712, which sets out an approach to safeguarding competition in air transport.
Fundamentally, this instrument ensures that, w responding to anti-competitive practices, the UK will have the same powers to protect UK airlines as will be available to the EU to protect EU airlines. Previously, regulation 868/2004 provided for redressive measures to be imposed when subsidisation and unfair pricing practices by third-country airlines caused injury to EU airlines. The previous SI on this subject introduced corrections to that regulation to ensure it would apply when the UK left the EU. However, since the extension to the UK’s departure from the EU, regulation 868/2004 was repealed and replaced with regulation 2019/712. The reasons given were that the previous regulation was judged to be ineffective in respect of its underlying general aim of fair competition. For instance, there was a lack of definition around the initiation and conduct of investigations or the criteria for doing so.
The new EU regulation provides the European Commission with the power to conduct an investigation where there is prima facie evidence of anti-competitive practices causing or threating to cause injury to EU air carriers. Areas where discrimination could occur include the allocation of slots, administrative procedures and the arrangement for selling and distribution of air services. If such evidence is found, redressive measures can be taken to offset any injury. Such redressive measures include financial duties.
The withdrawal Act will retain regulation 2019/712 in UK law in its entirety on exit day. The draft instrument being considered today makes the changes necessary so that this EU regulation continues to function correctly after exit day. The policy content of the retained regulation will remain substantially unchanged. The changes that have been made are primarily technical and necessary to ensure the correct application of these measures after the UK leaves the EU.
As part of these changes, the UK Civil Aviation Authority will assume some of the responsibilities previously placed on the European Commission. For instance, the UK Civil Aviation Authority will examine and investigate any complaint of this nature. The UK CAA will report on these findings to the Department for Transport, where the Secretary of State will take a decision whether to adopt any redressive measures. Such measures will be adopted by statutory instrument, using the affirmative procedure.
In the event of no deal, the EU could apply its regulation to the UK or its airlines if they were engaged in the practices described in the regulation. Therefore, the changes being made by this SI also ensure that EU member states and their airlines will be subject to the UK’s measures. This preserves a level playing field from exit day and is why we have selected the “made affirmative” procedure, which ensures this important measure is in place on 1 November, if required. While we would prefer to leave with a deal, this instrument will ensure that, in any scenario, the UK and UK airlines will have equivalent access to the type of measures EU member states and EU airlines can take against anti-competitive actions. I beg to move.
Baroness Randerson (LD)
I thank the Minister for her introduction. I am sure she will be delighted to hear that I have only one substantive question. However, I want to comment in passing that this statutory instrument applies a rule to ensure a level playing field, as the Minister said. It ensures that the CAA will examine complaints in future, rather than the European Commission. The CAA comes in at every possible turn, and I question whether it has the expertise and the resources needed for this. It is used by the Government for a wide variety of activities—everything from repatriating air passengers to space travel—and is therefore extremely broadly stretched. My concern is always that it should be given the resources it needs for this.
The Explanatory Memorandum says that, while the CAA will investigate in future if there is no deal,
“it is possible that the Department for Transport will play a supporting role”.
Exactly what supporting role do the Government envisage the Department for Transport playing? It strikes me that this is an unsatisfactory blurring of the edges. The proposal that the CAA does this follows a well-established principle: you have an independent or arm’s- length body that investigates a situation, makes a recommendation to the Minister and the Minister makes the decision. However, if the Government now envisage some kind of blurring of the situation, with the Department for Transport involved in a supportive role with the CAA and the Secretary of State making the final decision, you have a mixing of roles in a way that is not normal and which could lead to discussion, argument and even court action if a company is accused of anti-competitive practices. Could we have a little more detail on that from the Minister? That is my significant concern on this.
High Speed Rail (West Midlands–Crewe) Bill
Baroness Randerson ExcerptsMonday 9th September 2019
(4 years, 7 months ago)
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Baroness Randerson (LD)
My Lords, I start with a reference to procedure. The Government’s attempt to impose an arbitrary time limit on speeches on this Bill is a great discourtesy to the House, and in particular, to the noble Lord, Lord Adonis, and my noble friend Lord Bradshaw. The noble Lord, Lord Adonis, was the Minister who initiated this scheme, and my noble friend Lord Bradshaw has a lifetime of experience as a leader within the railway industry. We are talking about a multibillion-pound project. The Government should cease to be carried away by their attempts to stifle scrutiny of their record on Brexit by proroguing this House; they should be paying attention—proper attention—to what is said here.
The Liberal Democrats have always been, and remain, firm supporters of HS2. In our view, a high-speed spinal railway linking London to Scotland is the correct strategy, for two fundamental reasons. First, the Midlands and the north of England badly need economic regeneration and to share in the prosperity of the south-east. Improved long-distance communication is fundamental to this. Secondly, we have a moral duty to use every available initiative to reduce carbon emissions, which threaten our planet. HS2 does this by encouraging people to take the train for long journeys rather than their car, or even to fly. It is not as straightforward as counting the number of people who will sit on HS2 trains. HS2 will take direct intercity services on to dedicated high-speed lines and hence free up capacity on existing lines for more trains on local and regional routes. That will make daily commuting to work by train a feasible option outside London; it will therefore get people out of their cars and reduce congestion on our roads. So long as the whole project goes ahead, it will remove the attractiveness of internal flights. It will free up new freight paths, taking freight off the roads. It is important to remember that freight reduces carbon emissions by 76% compared with road haulage.
The west coast main line is the busiest mixed-use railway line in Europe. We have simply run out of options to squeeze any more capacity from it. The noble Lord, Lord Adonis, and my noble friend Lord Bradshaw both made that point. We have no more rail paths available and have already used the option of longer trains. To those who say, “Just improve what we already have”, I respond that that would lead to a decade or more of intense disruption to existing routes. I say this as a regular commuter on the Great Western Railway line, where for years we have been disrupted by the electrification process—a process that we welcome strongly but it is very disruptive.
The cost of HS2 is eye-watering but so are the benefits: just look at the economic growth already impacting on Birmingham. When the whole HS2 project is completed, it will link 25 towns and cities and 30 million people. The Liberal Democrats are supportive but, as the House will have heard today from my noble friends, we are very much critical friends, so unlike the noble Lord, Lord Adonis, I welcome this review. I am reassured that the panel appointed to undertake the review is sufficiently experienced and balanced in its viewpoints to ensure that it is not being used just as an excuse to cancel the project. I have to confess that that was at the top of my mind when I heard that there was to be a review. It has been a very real fear. The Prime Minister himself has sown seeds of doubt and many Tory MPs have taken political pot-shots at the project. I note that most of them represent seats in the south-east, where transport spend is three times per head of population that in the north of England. I feared that the Government could be searching for a reason to cancel it because the huge costs of a no-deal Brexit will simply swallow up funding for major projects such as this across the country.
Of course, HS2 has left itself open to criticism, with sloppy management and spiralling costs. It has 1,300 staff and, astonishingly, more than one-quarter of them earn more than £100,000 a year. Even more surprisingly, despite those pay packets, they do not seem to have the skills required at this time. Consultants were employed on 31 separate occasions in 2013, at a cost of £60 million. There are things in the management of HS2 that have to be addressed. The project was agreed in 2013 so rising costs are not a surprise, but it is clear that they are not currently under control. I refer noble Lords to the National Audit Office report, which referred to the use of,
“fragile numbers, out-of-data data and assumptions which do not reflect real life”.
This review gives us an opportunity to nail down these costs and to address some of the proposals to reduce costs; for instance, reducing the length of rail line that will go through tunnels. Another suggestion is the use of Old Oak Common as a terminus, at least in the early years, to avoid a decade of costly disruption at Euston. The question that has to be asked—and will, I hope, be answered—is: is this being overengineered? Would it be significantly cheaper to cut, say, 20 mph off the maximum speed? It is clear that the time advantage over road travel will be very substantial, even at a lower speed.
Concerns remain, of course. There are concerns over delays which add to our unwelcome reputation as a nation which is pretty hopeless at building major projects. My noble friend Lady Kramer referred to the impact of overcrowding on existing railways that will be caused by the delays to this project. I caution that ending up with just phase 1 of HS2 would make Birmingham an outer London suburb—a new commuter zone. That would be the worst of all worlds. I live in Wales, so I am concerned that the vision of the Crewe hub is implemented. That in itself could transform the economy of north Wales. The review must bring this project under control and satisfy the critics. It must reassure those who, like me, support the principle of HS2 but worry about efficiency, cost control, transparency, whether those who live nearby are being given a fair deal, and the environmental impact of the building process. The review must clear the air and enable a fresh start on a firmer basis. My noble friend Lord Teverson raised the issue of comparative costs with other countries and used an example from France. Will the review look as far as comparative costs with other countries? It should do so. Some £8 billion has already been spent on this, 9,000 jobs have been created and 2,000 businesses are involved.
At this time of national emergency, when we face the potential for a massive economic downturn, it should be unthinkable that we cancel HS2. Instead, the Government should redouble their efforts and their ambitions and recommit to building the whole route to Scotland. They should also announce the powers and funding for Transport for the North, so that it can plan and build the east-west rail routes—the sorts of routes that have been referred to by my noble friends Lord Wallace and Lord Greaves. These need to be created to hang on the HS2 spine, in order to maximise its success.
We understand fully that there must be no blank cheque for HS2. It must be brought under control without undermining the central scope or purpose of the project. In the long term, as a country, we simply must look again at how we approach such projects. We need to be able to look long term in order to make difficult, ambitious, big spending decisions, to support and control our long-term infrastructure vision. We have failed for decades to do this. I realise it is a bit of a forlorn hope at the moment, when the Government are consumed with short-term tactics, but as a nation, we really have to get to the basis of this.
HS2: Cost
Baroness Randerson Excerpts(4 years, 9 months ago)
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Baroness Vere of Norbiton
My Lords, HS2 has benefits of £92 billion overall; it would be a mistake to scrap it. Also, if that money were suddenly to become available, it would not necessarily be immediately transferrable to the north. My noble friend may be referring to northern powerhouse rail, which is a very important railway project, but it is not an either/or situation. We can have HS2 and we can have northern powerhouse rail; indeed, for both of them to work, they both need to be built.
Baroness Randerson (LD)
My Lords, the Minister is very firm in her assurances, and I would like to think that we can be convinced that HS2 will be built. However, the new Prime Minister has cast serious doubt on it and the Minister has referred to HS2 being subject to review. I therefore ask her to explain why £9 million has been given as compensation to Heathrow Airport in preparation for HS2, despite this ongoing review. Can she confirm the press reports that the £9 million will be paid even if HS2 does not go ahead?
Baroness Vere of Norbiton
Work continues on HS2 and that £9 million was part of that work. To date, HS2 has spent £7.4 billion. The review I referred to was done by the current chairman of HS2; it may be that there is a separate, second external review. I welcome the new Prime Minister’s reported focus on infrastructure. Infrastructure is critically important to our country and very complex, and sometimes it represents a large and slow-moving target for criticism. It is essential that we get infrastructure right and that it is fit for purpose.
Egypt: Suspension of Flights
Baroness Randerson Excerpts(4 years, 9 months ago)
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Baroness Randerson
To ask Her Majesty’s Government what is their response to the decision by some airlines to suspend flights to Cairo, Egypt, as a security precaution.
Baroness Randerson (LD)
My Lords, I beg leave to ask a Question of which I have given private notice.
The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
My Lords, the decision by British Airways to suspend flights to Cairo for seven days is an operational matter for the airline concerned. The airline has stated that this is a precautionary measure. The Government take security very seriously and remain in close contact with all UK airlines in relation to security matters that could affect their operations.
Baroness Randerson
My Lords, there is undoubtedly some confusion about the situation, not least among the responses of airlines. BA and Lufthansa suspended all flights to Cairo on Saturday—although Lufthansa resumed flights on Sunday—whereas Air France and EgyptAir flights have continued normally. Meanwhile the Egyptian aviation Minister has expressed to the British ambassador his dismay at BA’s response, and the Foreign Office advice still does not warn against air travel to Cairo, although it continues to warn against travel to Sharm el-Sheikh. I realise that the Minister cannot discuss in this Chamber the details of security issues, but could she clarify exactly what the Foreign Office advice is about flights to Cairo? She will appreciate that it is holiday season and many people are anxious about this. Why is only BA responding in this way?
Baroness Vere of Norbiton
This is an operational matter for BA. It has taken the measures it has as a precaution, and it is up to it to decide how it operates. I am happy to confirm to the noble Baroness the travel advice currently on the Foreign and Commonwealth Office website, which has not substantively changed. While it does not advise against travel to or from Cairo Airport, it reminds visitors that:
“Terrorists in Egypt likely maintain the intent and capability to target aviation. The greatest threat is on the Sinai Peninsula where Daesh operate with greater freedom, but terrorists are active in Mainland Egypt, including Cairo”.
Baroness Vere of Norbiton
I am sure the noble Lord will understand that I cannot go into much further detail about the security information, where it might have come from and who might have had it, whether that is airlines or nation states. Suffice it to say that we maintain a good and open relationship with all UK airlines and they are able to make their own operational decisions.
Baroness Randerson
Will the Minister clarify whether the Government are warning people of danger in flying to Cairo or not? The information she read out from the Foreign Office website appears to be a middle way, which is what caused me to ask the Question in the first place. There is a lack of clarity. I am not questioning the Government’s decision, but it is their role to provide clarity and certainty, if necessary on a strongly precautionary basis on issues of this kind.
Baroness Vere of Norbiton
In 2018, 415,000 people visited Egypt and the vast majority of those visits were absolutely trouble-free. The Government keep all travel advice on their website up to date and as I mentioned, the advice has not substantively changed. It is the Government’s duty to provide advice to their citizens, so that they can make the decision for themselves.
Buses: Rural Services
Baroness Randerson Excerpts(4 years, 9 months ago)
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Baroness Randerson
To ask Her Majesty’s Government what steps they are taking to improve rural bus services.
Baroness Scott of Needham Market (LD)
My Lords, on behalf of my noble friend Lady Randerson, and with her permission, I beg leave to ask the Question standing in her name on the Order Paper.
Railways: South-eastern Franchise
Baroness Randerson Excerpts(4 years, 10 months ago)
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Baroness Vere of Norbiton
I thank the noble Lord for his observations. As he well knows, this process is ongoing, so any increases are not yet confirmed. But my department expects the independent regulator, the Office of Rail and Road, to provide a robust and rigorous challenge to HS1’s proposals, as part of the review process. I am aware that this process has been going on for 18 months and is continuing.
Baroness Randerson (LD)
My Lords, Eurostar operates in a multimodal travel market that includes airlines, and HS1 is already the most expensive railway in Europe by a big margin. If the Government are serious about reaching zero carbon by 2050, this is just the kind of cost that needs to be kept firmly under control. It is not acceptable for the Government to hide behind the regulator. Can the Minister give me an assurance that the Government will make it clear to the regulator that costs like this must be well controlled?
Baroness Vere of Norbiton
I assure the noble Baroness that the Government are making it clear to the regulator that we expect a robust and rigorous challenge. It is of course independent, but we recognise the importance of Eurostar, both for environmental reasons and for providing extra capacity on a different mode of transport. We support high-speed passenger services to Europe.