The Parliamentary Under-Secretary of State for Transport (Rachel Maclean)
I beg to move,
That the draft Heavy Commercial Vehicles in Kent (No. 1) (Amendment) Order 2020, which was laid before this House on 22 October, be approved.
Mr Deputy Speaker (Mr Nigel Evans)
With this we shall take the following motion:
That the Heavy Commercial Vehicles in Kent (No. 2) (Amendment) Order 2020 (S.I. 2020 No. 1155), dated 21 October 2020, a copy of which was laid before this House on 22 October, be approved.
Rachel Maclean
These amendment orders relate to the Heavy Commercial Vehicles in Kent (No. 1) Order 2019 and the Heavy Commercial Vehicles in Kent (No. 2) Order 2019. Although the Heavy Commercial Vehicles in Kent (No. 3) (Amendment) Order 2020 is subject to the negative procedure, the House should be aware of it when considering the other two amending orders. Together they support the effective management of Operation Brock and strengthen the enforcement regime that underpins it.
Operation Brock is a co-ordinated, multi-agency response to cross-channel travel disruption. It replaces Operation Stack and 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. The Kent Resilience Forum 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 silver command.
It is crucial that these instruments are brought into force in time for the end of the transition period, to ensure that the scheme operates as efficiently as possible to reduce the impact on businesses and local communities in Kent. I am grateful, therefore, that time has been found for this debate to take place quickly and also for the speed with which the Joint Committee on Statutory Instruments has scrutinised the instruments.
Amendment order No. 1 extends to 31 October 2021 the sunset clause in the Heavy Commercial Vehicles in Kent (No. 1) Order 2019. To give a little history, the 2019 order gave new powers to traffic officers in Kent, enabling them to, first, require the production of documents to establish the vehicle’s destination and readiness to cross the border; secondly, direct drivers to proceed to a motorway, removing the vehicle from the local road network; and, thirdly, direct drivers not to proceed to the channel tunnel or port of Dover except via a specified road or route.
The amendment sets the amount of the financial penalty deposit, which will be issued and taken immediately at the roadside by the police or staff from the Driver and Vehicle Standards Agency. The amount of the deposit for breaching the traffic restrictions introduced by the other two instruments is set at £300.
Amendment order No. 2 extends to 31 October 2021 the sunset clause of the Heavy Commercial Vehicles in Kent (No. 2) Order 2019, which prohibits cross-channel heavy goods vehicles from using local roads in Kent other than those on the improved Operation Brock routes. The amendment goes further to define local Kent roads that will require a Kent access permit, which can be obtained from the “check an HGV is ready to cross the border” service.
Gareth Johnson (Dartford) (Con)
My constituency is, in many ways, the gateway to Kent from both London and Essex, via the Dartford crossing. Will she assure me that her Department will use its best endeavours to ensure that lorries do not use local, small roads either for travelling to a different location or for parking up overnight?
Rachel Maclean
I thank my hon. Friend for his intervention. He and his constituents can be assured that the powers we are taking in this legislation require Kent lorries to stick to certain specified routes only if they are crossing the border. I hope that that provides him with some reassurance; I am more than happy to meet him to discuss this matter much further.
To complete the picture, the Heavy Commercial Vehicles in Kent (No.3) (Amendment) Order 2020, which is subject to a negative procedure, will extend the sunset clause in the Heavy Commercial Vehicles in Kent (No. 3) Order 2019 to 31 October 2021. The order also further defines the strategic roads that need a Kent access permit, as issued by the “check an HGV is ready to cross the border service”, and allows the fining of HCV drivers without a Kent access permit on those roads. It will also allow HCVs carrying only specific goods of fresh and live seafood for human consumption and day-old chicks to obtain a priority goods permit that allows them to bypass the Operation Brock queues. It also clarifies who local haulier permits may be issued to, in line with Kent County Council guidelines. These orders are vital to enable sensible traffic management in Kent. We must show the public and businesses that Operation Brock will be ready, fully operational and enforceable on day one, should it be needed to deal with impact of cross-channel disruption. I commend the orders to the House.
Rachel Maclean
I thank hon. Members for their consideration of this very important legislation.
My hon. Friend the Member for Dover (Mrs Elphicke) speaks up for her port and the vital role that it plays in her town. Like her, I am absolutely sure that the work that we are doing today will open up more opportunities for her port and local community. I thank her and her colleagues in local government for engaging so closely with me, for putting on record their detailed concerns and for inviting me to the Whitfield roundabout to see for myself the problems that she identified in such detail today. I commit to working closely with her, her local government colleagues, her local district council and Kent County Council, and to listen closely to the concerns of the local community. We will absolutely look at air quality and sanitation, and we will look carefully at the results of the consultation. I look forward to more meetings with her, including those later this week to which she has made reference.
I thank the hon. Member for Bristol East (Kerry McCarthy) very much for her consideration, for the detailed points that she has raised, and for her support for these important statutory instruments. The reason that we are taking this legislation through the House is so that we can put in place plans to manage any disruption that we have outlined in our reasonable worst-case scenario. I assure her that I engage regularly with the sector, including all the different trade bodies, along with the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Hornchurch and Upminster (Julia Lopez), who I see in the Chamber; we work together on many of these issues with the sector, so are aware of and pay close attention to the concerns, some of which the shadow Minister has articulated today.
On the issue of driver welfare, including sanitation and toilets, it is not just toilets that are essential, but all the facilities that drivers would expect. I thank again all the drivers who work in the transport industry, because they do play a vital role, as we have seen in the pandemic with how they have kept supplies moving around the country. We expect that to continue, but it is very important that we do everything we can to support them in that. The Kent Resilience Forum is working through detailed plans on the sanitation, and I am very happy to share the detail of that with the hon. Member for Bristol East when it is available.
The hon. Lady referenced the haulier handbook. This is one part of our plan to make sure that all this information is one place. The handbook will be translated into 18 languages and it will be ready very soon. It is already available on gov.uk, and we will also be making hard copies available in 43 information and advice sites, which are opening up and down the country.[Official Report, 26 November 2020, Vol. 684, c. 10MC.]
It is very important that we pass these measures into law this evening so that we can manage all the possible outcomes that we will see at the end of the transition period. I thank the House for its consideration.
Question put and agreed to.
Resolved,
That the draft Heavy Commercial Vehicles in Kent (No. 1) (Amendment) Order 2020, which was laid before this House on 22 October, be approved.
Resolved,
That the Heavy Commercial Vehicles in Kent (No. 2) (Amendment) Order 2020 (S.I. 2020 No. 1155), dated 21 October 2020, a copy of which was laid before this House on 22 October, be approved.—(Rachel Maclean.)
Mr Deputy Speaker (Mr Nigel Evans)
We will now suspend for a few moments in order to have the Dispatch Boxes sanitised.