Transport for London (Supplemental Toll Provisions) Bill [HL]

Baroness Grey-Thompson Excerpts

Wednesday 29th June 2011 Lords Chamber

Moved by

[Baroness Grey-Thompson]

That the Bill do now pass.

[Baroness Grey-Thompson]

My Lords, I declare an interest in that I am a paid board member of Transport for London, which is a public body constituted under the Greater London Authority Act 1999. This is a Private Bill promoted by TfL. No petitions were deposited against the Bill and it was considered by an Unopposed Bill Committee on 11 November 2008, when it was amended and permitted to pass to the next stage.

The purpose of the Bill is to provide Transport for London with additional powers where TfL has made a toll order under the New Roads and Street Works Act 1991 that would supplement the enforcement powers under the toll order. At present, TfL can seek authority to charge tolls by means of a New Roads and Street Works Act toll order, but the powers in the 1991 Act for the collection and enforcement of the tolls would not enable TfL to have recourse to sophisticated modern mechanisms that allow traffic to flow freely and are similar to those used to collect and enforce charges under the central London congestion charging scheme. Those mechanisms include giving motorists options to pay through the internet, by telephone or by text and to use automatic number plate recognition technology, and imposing escalating penalty charges for non-payment instead of criminal penalties.

In cases in which TfL has been authorised to charge tolls under a toll order, the Bill will enable TfL to make a supplemental order that makes provision for the operation and enforcement of the toll order. These powers to make supplemental orders are similar to those already conferred on TfL in respect of road user charging schemes under Schedule 23 to the Greater London Authority Act 1999, of which the best known is the congestion charging scheme. It is intended that the enforcement regime to be provided in a supplemental toll provisions order will be similar to the tried and tested regime currently operating in respect of congestion charging that is, of course, very familiar to all Londoners. Most importantly, that regime will be subject to the same safeguards. The principle is that motorists will be able to pay the tolls in exactly the same way as the congestion charge and will be subject to the same sanctions for non-payment with the same safeguards.

In the Second Reading debate on the Bill, the noble Lord, Lord Lucas, raised a number of points of concern. I am pleased to report to your Lordships’ House that the Bill was amended in Committee in response to his points as well as to meet other points raised by the Minister. In particular, the powers to immobilise and remove vehicles were removed from the Bill and reliance is instead being placed on the existing powers in the London Local Authorities and Transport for London Act 2008, which were subjected to very careful scrutiny during the Bill’s passage through this House. The Bill has also been amended to make it clear that the power to make provision in a supplemental toll order to enter vehicles and seize articles can be exercised only by a constable or a person authorised by TfL in the presence of a constable. These safeguards are the same as those that apply to congestion charging. TfL had always intended that these safeguards would apply, but they are now expressly provided for in the Bill in response to assurances given to the noble Lord, Lord Lucas, during the debate on Second Reading.

Transport for London first became aware of the need to modernise the enforcement powers for a toll order made under the New Roads and Street Works Act 1991 in the context of the promotion of the Thames Gateway Bridge project. It was proposed that the new bridge would be financed partly by means of tolls collected under such a toll order, and the Bill was needed for the project. However, it was also recognised that the Thames Gateway Bridge project was just one example and that there would be other cases in which TfL might wish to seek tolling powers in respect of which additional powers of enforcement would be needed. The Bill was therefore deliberately drafted in general terms so that all such cases would be covered.

As was explained to the Unopposed Bills Committee, the new mayor had a few days earlier, on 6 November 2008, released Transport for London’s 10-year business plan. Under that plan, it was determined that Transport for London would not pursue the Thames Gateway Bridge project, given the pressures on funding and concerns over local traffic impacts. Transport for London was tasked with undertaking a wider study, together with other parties, to assess the transport and land use needs of the London Thames Gateway, including undertaking an assessment of options for a new east London river crossing.

Transport for London has in consultation with local boroughs and others therefore undertaken a review of river crossing options in the area east of Tower Bridge up to the existing Dartford Crossing. The review has highlighted that the problems experienced in east London through the lack of river crossings mean that further crossings are warranted, and has identified that it is likely that a package of solutions is required, including the construction of a bridge or tunnel at Silvertown.

The Mayor's Transport Strategy, which was issued on 10 May 2010, states that the mayor, through Transport for London, will take forward a package of solutions in respect of east London river crossings, including a new fixed line at Silvertown. Transport for London is currently considering the development of the package. Consideration is being given to the tolling of new crossings to help to finance their construction. Any toll order made under the 1991 Act would require the enforcement powers contained in the Bill.

The Bill will assist Transport for London in financing the construction and operation of this important new infrastructure in London. I beg to move.

[Lord Lucas]

My Lords, I am very grateful to the noble Baroness for so eloquently moving the Motion that the Bill do now pass and for any influence that she might have had in securing the amendments that she described. I am quite content with the Bill as it is now, partly because TfL is a much more benign institution under current management than it was. Where it finds levels of misbehaviour, it seems interested not in immediately slapping down fines but in exploring the reasons for it, amending signage and handing out warning notices beforehand. I find it a civilised and easier-to-deal-with institution these days. I am also comforted by the level to which the Secretary of State will be involved in granting TfL any substantial powers under the Bill. I thank the noble Baroness and Transport for London, and wish this Bill good luck.

--- Later in debate ---

[Earl Attlee]

My Lords, it has been more than two years since Parliament last considered this Private Bill. This is therefore the first time that the Bill has been considered by the coalition Government and this Parliament.

Our capital city's transport network is large and complex, and it should come as no surprise that the promoters of this Bill occasionally encounter challenges that prompt them to seek specific powers further to those already on the statute book. This Government recognise the critical role that transport has to play in supporting London’s economy and with it the nation’s prosperity. We are continuing to invest in London's infrastructure, with Crossrail, the Tube upgrades and Thameslink all under way.

The Government are content for this Bill to pass to the other place, where it can be further scrutinised. I thank the noble Baroness, Lady Grey-Thompson, for putting forward the Bill and for the clear way in which she explained it.

[Baroness Grey-Thompson]

My Lords, I thank the noble Lords and the noble Baroness who have taken part in this debate. I thank the noble Lord, Lord Lucas, for his support and should like to address the points made by the noble Baroness, Lady Kramer.

The mayor’s transport strategy had an impact on the passage of the Bill. The Bill was not intended to be applied solely to the Thames Gateway Bridge and it continues to be relevant to other projects. Other projects will be carried through in the usual way in terms of tolling.

The powers in the Bill are very wide, and the supplementary toll provisions order will not take effect unless it is confirmed by the Greater London Authority. Lots of provisions are in place. I am afraid that I cannot answer the noble Baroness’s question on emissions. I hope she will accept Transport for London writing to her on that matter; I am afraid that I am not an expert on that area of the Bill.

[Baroness Kramer]

I apologise to the noble Baroness. I should have let her know that I was going to ask that question. I am afraid that it did not come to me until the early hours of this morning.

--- Later in debate ---

[Baroness Grey-Thompson]

I thank the noble Baroness.

Bill passed and sent to the Commons.