(11 months, 3 weeks ago)
Lords ChamberAs the noble Baroness will be well aware, we retained EU 261, which became UK 261, which puts certain obligations on the airlines to provide information on rights, refunds or rerouting, and care and assistance. Broadly, that is working very well. The CAA already takes action on the airlines not complying with that. The noble Baroness may have seen, a few weeks ago, that the CAA reached an agreement with Wizz Air to go back over many years to rectify some of the times when it had not treated passengers in line with those obligations. However, the Government will legislate, when parliamentary time allows, to give the CAA additional administrative powers to enforce consumer laws.
My Lords, I was heavily involved in the original regulation 261 on passenger rights 20 years ago and I understand fully the criteria for exceptional circumstances, which was the case with NATS recently. However, can my noble friend tell us what mechanism is in place for the airlines to recover financial losses caused not only by the recent air traffic failure but by other third-party providers involved, such as ground handling companies, so that passengers can be compensated in a fair and proper way by the airlines?
As I think I have already outlined, there is no mechanism by which airlines can seek financial compensation directly from NATS in this circumstance. However, there is a mechanism whereby charges can be reduced in the future if NATS does not meet its service targets.
(1 year, 8 months ago)
Lords ChamberMy Lords, let us focus a little on the railway workers themselves. I have the utmost respect for the work that they do. During the pandemic, the Government supported the rail industry to an enormous amount. In fact, it was not the Government: it was the taxpayer. The amount was £31 billion, which is equivalent to £300,000 for every single worker in the industry. Not one of them lost their jobs and, even more, not one of them was even furloughed. The railway sector now needs to modernise. We need a seven-day railway and, in return for that modernisation, it is right that the Government have put a reasonable offer on the table. We believe that there should be a referendum among RMT members about that offer.
My Lords, a number of us travel a great deal on the railways, and we are aware that there is now some disquiet with some members of the RMT about the situation that they are in. Many people do not know that members of the RMT do not receive strike pay, which is quite common in many other unions, so they are penalised every time they take a day off on strike and lose a full day’s pay. There is no remuneration at all. There is an offer on the table, and these negotiations have been going on for several months, so does my noble friend the Minister agree that we should put that offer to those workers themselves? Then we can determine whether the offer on the table is sufficient or not.
My noble friend is of course completely right. As the frequency of strikes has increased as we head towards Christmas, and of course over the special period that is Christmas itself, it is absolutely right that we ask the workers—or indeed that the RMT chooses to ask its workers—whether they can really afford this around Christmas, and to think about their long-term career within the railways and the damage being done to the ridership of the railways. We are going to see even lower demand than we did before. It is not going to make for a long-term sustainable solution.
(2 years, 1 month ago)
Lords ChamberMy Lords, I support most of what the noble Baroness said in introducing this short debate. We are starting to hear that the Government are changing metres into feet or miles, but that is completely irrelevant. I suspect that, as the noble Baroness said, this regulation and the policy behind it—if you can call it that—will cover the whole of the country before long. I believe that there are already 236 miles of smart motorway, and that 200 more miles are planned.
I will say a few words about safety, because that is what it is all about. The distance between the places where you can get off the motorway must relate to what happens to your vehicle and the fact that you need to stop. The noble Baroness mentioned a variety of distances between 2,500 metres and 1,000 metres, but there will be situations where even 1,000 metres is not long enough; it depends on the gradient, the speeds and everything else. It is relevant that the AA has banned its recovery crews from dealing with cars that have broken down on smart motorways because it is too dangerous. There has to be a solution. I do not know what the right distance is; it is sad that the Government have not got some proper data on all this—probably over five years, as the noble Baroness and the Transport Committee suggested—so that we have some information to talk about and to see how safety is affected.
Two things are pretty obvious. The first is around the enforcement of speed on these motorways. There may or may not be variable speeds, but it needs to be much more effective and consistent. The electronic vehicle detection machine is supposed to be the Government’s flagship—in other words, if a vehicle breaks down not in a layby but in the left-hand lane, variable message signs immediately come up, saying “Slow down: lane is blocked.” But the figure I have seen shows that this works in only 62% of the examples where a vehicle has stopped, presumably in the nearside lane. That is much too low, because it means that, for the other 38%, there is a good chance that the vehicle behind will run into the one that has stopped. I cannot see why that cannot work properly. The Government should avoid bringing any more of these into effect until they can get this vehicle detection system working.
I look forward to the Minister’s response. As the noble Baroness said, I am pleased she is here, because she has a lot of experience on roads and transport. This is a terrible mess. Frankly, when the Government ignore the House of Commons Transport Committee’s sensible report, and receive the comments that the noble Baroness mentioned in the Secondary Legislation Scrutiny Committee’s report, it is as if they just want to ignore the whole lot and battle on regardless. I hope I am wrong.
My Lords, the noble Baroness raises some serious and good points. However, I gently remind noble Lords of how these smart motorways came to pass. I recall that, in my time in the European Parliament as the transport spokesman—obviously covering road, rail, aviation and maritime—the huge push for smart motorways came from the regulations and directives in the European Parliament some years ago. This was not just about the UK. We found that many member states were having problems with capacity due to the growth in traffic, and it was about trying to look at a way that we did not have to build motorways in different parts of the country but just expand the ones that we had.
I fully acknowledge that there have clearly been some awful accidents due to the fact that there was no hard shoulder. When motorways were built in the first place, it was known that there could be a risk of accident—obviously, there is always the risk of accident—and it was paramount that there needed to be a safe space to go. I also understand that in some cases where there have been accidents, it has been very much a technological failure because the notification above the lane that it was closed, or the X, was not showing. People have then got confused, and of course some of the results of that have been appalling. There are also appalling accidents even for the miles of motorways where we have hard shoulders, which is why we have tried to make sure that people are alert if they pull in and why we now tell people to get out of their cars, notwithstanding the size of the lorries that sometimes have to pull in.
Can my noble friend say whether the Government are looking at how, for example, the technology can work, notwithstanding that we have spent millions expanding these motorways? I use the M6 with great frequency when I drive down here, and the M56 too, which the noble Baroness mentioned, and we have miles of full lanes where we are doing 60 miles an hour. We have had years of this expansion—obviously not of infrastructure—for all the right reasons on the motorways, to get the capacity, and we have been under terrible restrictions with roadworks; it is now even more infuriating that we have four lanes but are still all crawling along half of the time.
Notwithstanding the issue of technology, which clearly needs to be seen to be working and to work properly so that people and organisations have confidence, I look forward to the response from my noble friend. We need to move this on. As the noble Baroness opposite said, there is clearly a need for more laybys to access. This will take some time, because more roadworks will have to be started, but it is imperative that those can be put in place as quickly as possible.
My Lords, the Government’s failed rollout of smart motorways costs lives, which is exactly why Members of this House have long warned of serious flaws. It is a tragedy that lives were lost before action was taken, and it is thanks only to the dedication of bereaved families that the rollout was paused at all. It is therefore beyond belief that the Government are still pressing ahead with new introductions.
Even in their current form, smart motorways, coupled with inadequate safety systems, are not fit for purpose, and clearly no adequate explanation has yet been offered for their further introduction. Unfortunately, the reality of this new scheme is even worse. The emergency areas in this new scheme have average spacings of 2.5 kilometres, which is much greater than the recommended separation of 1.5 kilometres. Before pressing ahead, the Minister needs to offer proper reassurances on the monitoring of CCTV, further reviews of the evidence and improved distances between refuge areas, at the very least.
Besides the well-noted safety concerns, there are also serious issues with the scrutiny afforded to these changes, not least the fact that the Explanatory Memorandum does not address any of these obvious issues. I hope that the Minister can provide such assurances today and address the points made in the noble Baroness’s Motion.
(2 years, 1 month ago)
Lords ChamberI did not say what the noble Lord has just said I said. I said that the negotiations are between the employer and the union. I set out very clearly how and at what level those negotiations are taking place nationally. On the one hand, there are a set of negotiations with the Rail Delivery Group, which represents the train operating companies, and there are also negotiations going on with Network Rail, particularly around the reforms to transform—the important reforms that we need in order to have the modern and efficient railway that our country deserves.
My Lords, I do not think that two noble Lords can stand up at once. It is the Conservatives’ turn.
Thank you. My Lords, does my noble friend the Minister agree that these rail disputes are less about terms and conditions, and more about party politics?
The truth of the matter is that the negotiations that are happening, and have been offered daily, are about many different things. Sometimes things get narrowly conflated, or get very heated, but at the heart of all this is the fact that we must get a modern and efficient railway. The Government have that at the front of their mind and give the mandate to the employers—that is absolutely clear—and I hope that this will be resolved as soon as possible.
(2 years, 3 months ago)
Lords ChamberMy Lords, it is an honour to take part in this debate on the humble Address and, in addition, to welcome the right reverend Prelate the Bishop of Guildford to this House today. I also welcome the proposal outlined yesterday, but there is still much to do.
Domestic and international travel are integral to the success, or not, of the British economy. Hundreds of billions of pounds in revenue are generated by the free movement of people and goods, not just for the business and manufacturing sectors but for tourism. The pandemic literally decimated both for nigh on two years, and it makes the recovery that much more important when making decisions about what we do next.
Last night, I attended a dinner in London hosted by the Airport Operators Association. It was attended by more than 650 guests representing all UK airports and airlines, international airlines from across the globe, infrastructure companies dealing with navigation, IT and power, and of course the aerospace manufacturers. There were also the regulators, such as the CAA and NATS, along with all the representatives of the tourism sector.
It was clear that, in many cases, there is still a long way to go to get back to profit and to ensure that operational challenges can be addressed post Covid. Thousands of people were laid off and many companies —SMEs—went under, so it is vital that we as a Government do not create unnecessary bureaucracy and unworkable rules. Many employers are crying out to employ staff across the sectors and supply chains, but there is still a laissez-faire approach to working from home in too many quarters. You cannot run industries in this way. In addition, you do not always need graduates. There needs to be a much more robust and positive message from Government regarding the great careers and opportunities out there in the travel and tourism sectors. Clearly, apprenticeships are one way to do this, but we also have to look at the qualifications and training needed for the tourism sector, which are currently not being delivered by our education system.
This brings me to the lack of can-do, because it is also about passengers and customers. Despite restrictions being lifted, it is wholly unacceptable that the Passport Office, for example, is not delivering. This is not because people are panicking and sending in their passports, as I was informed; many are trying to renew their passports online and first-time applicants are also being badly affected. Along with position at the DVLA, this is wholly unacceptable.
This brings me to the responsibility on airlines and airports, some of which are leaving passengers standing outside for two or three hours, apparently because they do not have enough security or check-in staff. People spend their hard-earned cash to travel, and this third-world treatment is disgraceful and unacceptable. I do not know about noble Lords, but I am sick and tired of hearing Covid being used as an excuse to stop or delay practically everything we do or need to do, not to deliver on time or not to deliver the first- class customer service we pay for and should now be experiencing again.
The travel and tourism industry of the United Kingdom had a great reputation—83% of people fly in and out, along with millions of tonnes of freight, every year. This contributes to a huge underpinning of the entire supply chain, which creates and sustains 4 million jobs. But our world-class industries are being tainted. It is time for everyone in the public and private sectors to raise their game.
Two examples should be looked at again. School and youth groups are a £32.2 billion industry that has been decimated due to the UK no longer accepting ID cards as a form of entry from abroad. We should also consider reintroducing the VAT reclaim system, which was abolished in 2021. As one of the shopping capitals of the world, we are the only European country not to offer tax-free shopping—a £1.3 billion net benefit to the Treasury. These are just two examples where we need to look again.
The Government’s responsibility is now to crack on. The incessant negative messages on travel, across the piece, are doing as much damage as Covid. Extinction Rebellion and others are preaching one thing, only to turn up at an airport or stay in a hotel as often as anyone else. Hypocrisy rules, I am afraid. Positive messages and actions are needed. We need to get back to normal, so that our economy can benefit from the successes that the travel and tourism industry can deliver.
(2 years, 5 months ago)
Lords ChamberOf course, the Government are watching the services and their capacity levels very closely at the moment. Our assessment is that there is sufficient capacity with other operators. For example, at the short straits, Eurotunnel combined with the other operators will provide sufficient capacity. Obviously, we are monitoring this on an hourly basis and working very closely with operators to see how they can put on extra ships to ensure that freight and passengers are able to move appropriately.
My Lords, as a former trade union negotiator, albeit in my past life and in the airline industry, there were times when we had to negotiate under the most difficult circumstances, particularly concerning downsizing or cost savings. Schemes such as early retirement, voluntary severance and, often, flexible contracts were ways to resolve this issue. Fortunately, we never had to dismiss an employee. Notwithstanding the appalling behaviour of P&O, as has been clearly echoed by Members across this Chamber, could the Minister tell me how long the negotiations took between the trade unions and P&O regarding these redundancies? Were the paid-up members of the trade unions aware of the consequences of an agreement not being reached between the trade unions and P&O? If the Minister does not have this information to hand at present, could she look into this matter with some urgency? In my opinion, while the trade unions are clearly not responsible for these job losses, they were a huge influence in the negotiations which took place.
I can say to my noble friend that we do not believe that there was consultation with the unions, which is one of the big problems here. We have asked for urgent information as to how many conversations there have been. It is our impression, at this current time, that there have not been any conversations. If there were none, that may well be unlawful. That would be up to the employees to challenge via a tribunal. It will also depend on where the jurisdiction for the contract of employment actually lands. My noble friend is quite right that we need to dig into this in an urgent way to ensure that unions are not locked out of these circumstances in the future.
(2 years, 7 months ago)
Grand CommitteeMy Lords, these draft regulations will be made under the powers conferred by the Transport Act 2000. The regulations set out which airports may appeal licence modification decisions made by the Civil Aviation Authority, or CAA, in respect of the en-route air traffic services licence granted under Section 6 of the Transport Act 2000. In essence, this instrument will ensure that the aerodromes likely to be materially affected by a decision to modify a licence condition are able to appeal those decisions.
Air traffic management services in the UK fall into two categories. The first are terminal air navigation services provided at individual airports. They support arrivals, departures, and planes in the vicinity of the airport typically up to an altitude of 7,000 feet. This is a competitive market, with airports procuring these services from a number of possible organisations or providing their own. The second are for planes outside of these areas, such as planes at cruising altitude, or planes being guided to gateways where they can be handed over to terminal control services of airports. These services are delivered by a monopoly provider, regulated under the en-route air traffic licence.
The Air Traffic Management and Unmanned Aircraft Act 2021—the ATMUA Act—updated the Transport Act 2000 to give the CAA a more effective power to modify the conditions of air traffic services licences. Currently, the only licence which has been granted is held by NATS (En Route) plc, also known as NERL, to provide certain air traffic services in the United Kingdom. Under the previous framework, the CAA could only modify the conditions of this licence with consent from the licence holder or via a determination by the Competition and Markets Authority.
To modernise the licensing framework, alongside the powers to modify the licence conditions the Act also introduced a new appeal process into the Transport Act 2000, which gives appeal rights in respect of licence modifications to three parties. The first is NERL, the licence holder; the second is the owner or operator of an aircraft whose interests are materially affected by the decision; and/or an owner or manager of a “prescribed aerodrome” whose interests are materially affected by the decision. Should any of these parties wish to appeal the decision to modify a licence condition, they could appeal to the CMA on one of more of the following grounds, namely: that the decision was based on an error of fact; that the decision was wrong in law; and/or that an error was made in the exercise of a discretion. For the relevant aerodromes to be able to appeal licence modification decisions, they must be prescribed in secondary legislation, which is what this draft instrument seeks to do.
Turning to the content of the SI, the CAA can modify the conditions set out within NERL’s licence. A licence condition relates to operational matters, such as the requirements which the licence holder must meet to maximise safety and efficiency, and includes conditions relating to control of charges—the prices that users of NERL’s services pay for the services that they receive. To modify a licence condition, the CAA first must publish a notice in relation to the proposed modification. It must state that it is proposing to modify the licence and set out what the modification is, the reasons for it and its effect. It must then give a reasonable period for NERL and the other relevant stakeholders to make representations. The Department for Transport consulted on this policy in 2017. Stakeholders were broadly supportive of the policy and no aerodromes at the time requested additional appeal rights.
As the licence conditions include control of charges for the London approach service, the Government have decided that airport operators whose interests could be materially affected by the decision to modify a licence condition are likely to be airports receiving the London approach service from the licence holder, and that these aerodromes should be able to appeal these decisions on the grounds of fairness. The London approach service consists of the control and sequencing of flights between the licence holder’s en-route service, which will be quite high up, and which operationally include holding stacks, and the tower service at London airports, which is quite low down, and which is provided at each airport by an air navigation service provider under contract with the airport operator. Airports currently receiving the London approach service from NERL are Heathrow, Gatwick, Stansted, Luton and London City, and these regulations enable those airports to appeal. These regulations have been drafted in such a way as to ensure that in the future, should another aerodrome become part of the London approach service from NERL under its licence, it too will be able to appeal modifications to licence conditions.
This instrument will ensure that the aerodromes likely to be materially affected by a decision to modify a licence condition can appeal those decisions. It is as simple as that. I beg to move.
My Lords, I thank my noble friend for the Explanatory Memorandum and the information she just gave us. There are two areas highlighted by the Explanatory Memorandum that are hugely important, which are the failures with computer systems and with NERL. But I want to raise another, which I hope has been fully rectified now. I was the rapporteur in the European Parliament in 2015 on the safe use of civil RPASs or drones, so I will reflect on what happened a couple of years ago, because this is a growing industry and we need to make sure we keep our eye on the ball.
As I recollect, between 19 and 21 December 2018, there were drone sightings at Gatwick. Regrettably, 140,000 passengers and 1,000 flights were affected. This was the biggest closure since the 2010 volcanic eruption in Iceland and, I have to say, the way it was handled became quite farcical. The airport spokesman said they could not do much about it, because there was no counter-drone technology when, actually, there was, albeit it was not at Gatwick then. It also ended with two people being arrested and, fortunately, released and paid compensation. It was not exactly a good look for the UK.
In addition, we must also realise the challenge of geo-fencing in the civil drones sector. This is particularly difficult for airfields, due to their geographical size. For example, Gatwick or Heathrow—a large airport—covers several square miles, but just in their infrastructure and to their boundaries or the end of the runways. That does not include the miles of airspace above, where an aircraft can be at risk either on ascent or descent. We know this is a huge challenge.
Nevertheless, the cost of the investigation was £800,000 and it had to include the police, military and the RAF in particular. The good news that followed was that Gatwick and others installed counter-drone technology in 2019, which is now available across all the appropriate airports in the United Kingdom.
We have a world-class civil aviation industry and reputation, which I am sure all noble Lords agree we must maintain. I ask my noble friend to give me the reassurance that the CAA, which is an excellent regulatory body, will continue to have clear and detailed oversight of this area to maintain our high standards, certainly in this growing industry.
The final point I raise, which will be covered by two other noble Lords so I will not cover it in too much detail, is regarding EGNOS. I was again a rapporteur in the European Parliament on GNSS, so I have a serious interest in the systems we require to make sure our airfields are well-equipped. Since, by all accounts, EGNOS was stopped last year, a number of our peripheral, small airports have been put in huge difficulty. We have flights either being cancelled or their safety jeopardised, for both passengers and crew. They are hugely reliant on life-saving services coming in, whether to take people to the hospitals on the mainland or for other reasons.
I will finalise on those points, because I think my noble friend is aware of them and has passed them on. We look forward to meeting with the appropriate Minister at some stage, and I thank her very much for taking these points on board.
(2 years, 8 months ago)
Grand CommitteeI just want to raise a question with my noble friend, and it has been outlined. While I generally support the push for bio and alternative fuels, I cannot do so at any price given the whole food for fuel argument, particularly when food is needed to sustain populations. While it is quite easy for us in the United Kingdom, and probably those in some other countries, to look at how the programme is working and what we are doing, the same cannot be said for some third countries. For example, in Brazil and some other countries in the great continents of the world, we see great destruction of wildlife, fauna and flora. Can my noble friend explain the measures that our Government are taking to police this?
My Lords, I thank all noble Lords for their interventions and contributions to this debate.
I start by addressing the concern of the noble Baroness, Lady Randerson, about the 21-day rule. There is an explanation in the Explanatory Memorandum —which I probably will not read out now, because it is written there—for why we felt it was right to not abide by this rule, but I will say that I am less than happy about it. I think I will make a new year’s resolution to have an SI debate in your Lordships’ House or Grand Committee without somebody pointing to a mistake in a document or the fact that we have not been able to comply with a rule when, quite frankly, we really should have been able to do so.
Noble Lords have gone a little beyond the SI into the Government’s broader policy on transport decarbonisation. I will write with a fuller answer on that, because there is a lot happening at the moment and it goes far beyond what is in front of your Lordships today.
The noble Lord, Lord Rosser, as ever, raised a very important point about the consultation and the responses from various people. As is always the case with a consultation, certain people will respond. We had 120 responses and the majority of those agreed with our proposals, including trade associations and fuel suppliers, which was great. But the Government have another responsibility: to make sure that it is fair on the general public—the people who have to buy the fuels. There was always going to be a balance between the cost that will potentially be added to the fuel at the pump versus how ambitious we would like to be. If the public had the deepest of pockets, we could be far more ambitious, but we always have to think about the cost.
I note the noble Lord’s suggestions, such as banning the sale of a second-hand internal combustion engine vehicle, but I think that would be really harsh on somebody for whom it may be the biggest asset they own in the world. I would find it very difficult to do that without an enormous amount of fair warning. We do accept that there is never a good time to add cost to fuel consumers’ bills, and this policy is expected to marginally increase fuel costs—but we believe that those costs are, on balance, manageable. We are looking at something like 0.5p per litre in 2022, rising to 1.6p per litre in 2032, which is a little over 1% of current petrol and diesel prices. But it is not nothing—it is not insignificant—so we do always have to think about the balance with these things.
The noble Baroness, Lady Randerson, asked about the exceptions in the rollout of E10. Those were the days—those heady days when we were upstairs in the committee room talking about E10 implementation. I cannot remember whether those exceptions are permanent or temporary; I will certainly write on that, as I will on whether the increase of the buyout price to 50p has been successful. We will be able to look at that.
If I may, I will talk very briefly about sustainability, because it is absolutely critical that we do not ride a coach and horses through very good-quality agricultural land to produce these fuels. All biofuels supported under the RTFO need to comply with strict sustainability criteria. My noble friend has pointed out some of the challenges with certain countries in the world. There are protections for biodiversity and against land use changes such as deforestation. These regulations have improved the sustainability criteria, and I am very happy to write to the noble Baroness, and, indeed, to other noble Lords who contributed, to set out exactly where the changes have been made and the benefits that we expect to get from them.
I appreciate that there are a few unanswered questions, but I will be writing. I think we have reached the right balance by increasing by 5%; it will make a difference to our carbon emissions. We accept that there is more to be done in transport, but we are on that case and are doing as much as we can as quickly as we can.
(2 years, 9 months ago)
Lords ChamberMy Lords, I would like to echo the words of my noble friend. Park Lane, Millbank and other routes across London are permanently clogged up due to the disappearance of bus lanes, which were there for a very good reason, along with taxis. The congestion and pollution caused are appalling. Would my noble friend the Minister use her influence to try to reverse some of these ill-thought-through cycle lanes?
(2 years, 10 months ago)
Lords ChamberI think that the noble Lord has just pointed out the complex and convoluted nature of the solutions to this problem, which is indeed long-standing. I say again that we are working closely with the industry on this. Of course it is not just the haulage industry that has skin in this game; it is also the people who provide services to the haulage industry. The noble Lord will be pleased to hear that I am working with National Highways to figure out what we can do to improve services at motorway service areas and to see whether we can develop some more.
My Lords, the information recently disclosed is that there was a backlog of some 56,000 HGV licences that were being delayed in the process, as well as delays in driver training, by the DVSA. This caused an outrage and, in addition, the threat of industrial action. Will the Minister please tell us what steps the Government have taken to address these issues?
I reassure my noble friend that I have had several conversations with the DVLA on this matter. I assure her that currently there is no backlog at all for provisional vocational licences; these are being processed within the normal turnaround time. As of Monday, there were 27,000 applications for vocational driving licences awaiting processing. However, the holders of the vast majority of those, which are renewals, will of course still be able to drive under Section 88 provisions.
On the strike at the DVLA, it was and remains extremely unwelcome and unjustified. The PCS has repeatedly claimed that increasing the backlog is a success. I do not agree; that is not a success. It is impacting our supply chains and those people who need to use their cars to travel. However, I also point out that the vast majority of DVLA staff are not striking, and I welcome the work that they do.