Airports Slot Allocation (Alleviation of Usage Requirements) (No. 2) Regulations 2022
Baroness McIntosh of Pickering Excerpts(2 years, 7 months ago)
Grand CommitteeRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
My Lords, these draft regulations will be made under the powers conferred by the Air Traffic Management and Unmanned Aircraft Act 2021, or ATMUA. Taking the opportunity of our departure from the European Union, ATMUA created a more flexible set of powers for Ministers to implement slot alleviation measures. We are now able to adapt our approach to best support the UK’s own specific circumstances.
We will all have seen the disruption that holidaymakers and other passengers have faced at some of the UK’s airports, particularly over the recent Easter and half-term breaks. There have been unacceptable queues, delays and short-notice cancellations of flights. The persistent impact of the Covid-19 pandemic has presented challenges for the aviation sector as it recovers, and there have been difficulties ramping up operations to meet the high levels of demand. Airlines, airports and the myriad other businesses that support aviation operations have struggled to recruit and train enough staff. Many other airports around the world are struggling with similar challenges. There have also been delays due to European air traffic control restrictions, strike action and airspace closures. This has resulted in short-notice cancellations of flights and considerable disruption for passengers.
The Government are doing everything in their power to support the aviation industry and ensure that passengers can fly with confidence over the summer. On 30 June, the Government set out a 22-point plan to support the aviation industry to avoid further disruption so that all travellers can get away over the summer period. One of the key elements of this package is the slot amnesty to which these regulations relate. It offers carriers more flexibility to plan and deliver reliable schedules and it introduced a two-week window, which closed on 9 July, during which airlines were able to offer back 30% of their remaining slots for the summer season. This is a one-off measure to allow airlines to plan a realistically deliverable schedule for the summer, and in particular to reduce the risk of short-notice cancellations and delays. Critical to this will be the sector itself ensuring that it develops robust schedules that it is confident it can deliver.
Ordinarily, airlines must operate slots 80% of the time to retain the right to the same slots the following year; this is known as the 80:20 rule. When the pandemic initially struck, the 80:20 rule was fully waived to avoid environmentally damaging and financially costly flights. Following the UK’s departure from the EU and the passage of ATMUA, we were able to introduce a more tailored alleviation of slot rules in response to the pandemic as the situation developed. For summer 2022, our focus is on encouraging recovery following the success of the vaccine rollout, the removal of travel restrictions and the generally positive demand outlook for aviation. After consultation with the industry and consideration of the evidence, we determined that a 70:30 ratio was an appropriate usage requirement for the summer period. This includes an extended justified non-use provision, which helps carriers when they are operating in markets that are still restricted due to the pandemic.
However, in light of the severe recent disruption at UK airports, caused by the persistent impact of Covid and a tight labour market, we consider that further alleviation measures are justified for the current season, which runs until 29 October. On 21 June, we therefore published this statutory instrument, which set out our plan to offer carriers the two-week window when they can hand back up to 30% of their remaining slots per airport for the current season. This is a critical measure to allow airlines and airports to take stock of what they can realistically deliver. This has been our message to the airlines and airports, and the entire aviation sector; they must be able to provide the certainty of a deliverable schedule. There is no point in continually announcing short-notice cancellations when they suddenly realise that they do not have the staff to fly a planned flight.
This proposal was developed following a short consultation with airports and airlines and there was strong support for it, with the great majority of both airlines and airports supporting it.
The draft instrument covers England, Scotland and Wales. Aerodromes in Northern Ireland are a devolved matter, but in any event, there are no slot co-ordinated airports in Northern Ireland, so the Northern Ireland Executive agreed that it was not necessary for the powers to extend there.
One other issue is worth highlighting. If an airline does hand back one of its slots, it can only be one that would be flown at least 14 days after it was handed back. This will mean that we do not end up with lots of short-notice cancellations within that fortnight. Orderly communications with consumers will be essential. We also expect airports to maintain their communications with consumers to advise them on what they need to do in order to ease their passage through the airport.
This is a simple statutory instrument that does just the one thing. I look forward to hearing comments from noble Lords and I beg to move.
Baroness McIntosh of Pickering (Con)
My Lords, I thank my noble friend for bringing forward the regulations before us, which I broadly support and welcome. I have a number of questions relating directly to the instrument and to the current situation. I understand that when a passenger buys an airline ticket, the simple measure of paying airport tax shows the airport and the airlines the number of people travelling on that particular day—so I am confused about why the numbers travelling seem to come as a complete surprise. I declare an interest: when I met and married my husband, he was an airline man and worked for a number of years with Delta Air Lines, Singapore Airlines and BOAC. As part of his responsibilities he was also director of Gatwick Handling.
Is one of the problems that airports and airlines are not themselves responsible for the ground handling operations, so that there is no joined-up operation from the moment that a passenger arrives at the airport and checks in their luggage? One word of advice, having married someone in the airline business, is to travel with hand luggage only so that, if you are offloaded, leaving the aircraft is a much simpler exercise. But I understand that for families and people going away for a long period that is not possible.
Do the Government have any plans to review the fact that ground handling operators are separate companies that are perhaps one step removed from the companies that passengers are paying for their services? I know that the airlines, airports and the Government are saying that they are doing all they possibly can to ensure a better experience than what we have been seeing since the May bank holidays earlier this year, but there still seem to be issues. How long does it take to train and give security clearance in particular to those working airside? I accept that we must take that extremely seriously, because that is where we are most vulnerable to a breach of security.
I welcome this amnesty. I offer a word of sympathy to the airlines and airports, which have probably been the hardest hit, alongside the hospitality and retail sectors. People were laid off. Willie Walsh said this week that, at the height of Covid, during the lockdown, only 2% of flights were operating. They had to grasp that situation and, given their ongoing overhead costs, save money as best they could, and obviously a lot of people who were in those positions have found work elsewhere.
Heathrow has asked for a moratorium on ticket sales for departures before 12 September. I pay tribute here to Simon Calder of the Independent, an expert in this field who does an enormous amount of work and is very helpful in advising passengers. He said that, after that announcement was made, when he tried to buy tickets—possibly yesterday—he found that a number of airlines were still selling tickets for before the magic date of 12 September. If that is the case, what comeback will there be? Those passengers may or may not read the newspapers and may or may not be aware of the issue. I have a further question on the impact of the amnesty. I want to establish whether, if an airline cedes a slot, it will recover the slot on the due date and there will be no economic loss to it.
I am one of the lucky passengers. I travelled during the May half-term. Although Ryanair may not be everyone’s favourite airline, I understand that it has the best figures for the fewest cancellations and the reliability and promptness of its flights. That week alone, it was estimated that between 2% and 4% of total flights were cancelled within a week of departure, compared with the normal rate of around 1%. Some 200,000 consumers were impacted by short-notice cancellations, as we are told in paragraph 7.4 of the Explanatory Note. It is not acceptable that 2.3 million passengers have been affected by delayed flights—approximately 43% of passengers arriving at or departing from UK airports. Given the importance of airports to the local economy in which they are based and to the national economy, that is obviously unacceptable.
Finally, paragraph 7.5 says that there will be 14 days’ notice when slots are ceded and that airlines are required to notify passengers of the cancellation of each flight at least 14 days before the date of the flight. Can my noble friend tell us what will happen if the airline fails to honour that commitment? It clearly is not happening. Anecdotally, a member of my family was caught up in this when they were actually in a taxi going to Heathrow airport. Having had a British Airways flight cancelled, she was then reallocated an EasyJet flight. When she was an hour from the airport, she was informed that that flight also was cancelled. So what redress will there be and what compensation will be given?
This is a deeply unfortunate situation in a major part of the economy, which is trying to do its level best to emerge as best it can from Covid times. I would like to think that one solution might be to consider ground handling operations being more hands-on with those closest to them. However, I hope my noble friend will give me the reassurance I am seeking for those passengers who have had less than 14 days’ notice, and, importantly, tell me how the airlines are required to inform passengers of a cancellation.
Baroness Randerson (LD)
My Lords, I thank the Minister for her explanation, but I have to comment that there is something surreal about this SI. It talks about a lack of demand at a time when almost all airports, especially our largest—Heathrow and Gatwick, and one or two others—are struggling to cope.
The Government announced a grand plan of 22 points—this is one of them—and the Explanatory Memorandum talks of
“intervention to facilitate advance planning for a robust and reliable flight schedule.”
There is certainly a long way to go to achieve that, because it does not happen at the moment.
Airports: Delays
Baroness McIntosh of Pickering Excerpts(2 years, 7 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Vere of Norbiton (Con)
As I am sure the noble Lord will not be surprised to learn, the Government will not get involved in the pay and conditions discussions within the aviation sector, as it is a private industry.
Baroness McIntosh of Pickering (Con)
My Lords, does my noble friend share my frustration that, on every passenger ticket that is purchased, an airport passenger tax is taken? The number of passengers who are travelling should not come as a bolt from the blue, either to the airports or the airlines. What action is the CAA taking in this regard?
Baroness Vere of Norbiton (Con)
I am not entirely sure that I follow my noble friend’s question. We are taking all sorts of actions, as set out in the 22 measures that the Government announced today. That is from working with the ground handlers, where there is an issue with people getting their suitcases, to working with the airports to ensure they are able to cope with the number of flights arriving, and the airlines to ensure that their service is as good as possible and that they can meet their schedules, not cancel flights at short notice.
Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022
Baroness McIntosh of Pickering Excerpts(2 years, 9 months ago)
Grand CommitteeRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
My Lords, the regulations before the Committee today meet a commitment made by the Prime Minister in the 2020 policy statement Gear Change: A Bold Vision for Walking and Cycling to give local authorities outside London powers conferred in Part 6 of the Traffic Management Act 2004 to enforce contraventions of moving traffic restrictions. These powers are being commenced to coincide with these regulations, which are due to come into force on 31 May. The regulations before the Committee today form part of a package: an affirmative statutory instrument and a negative one. I shall refer to the former as the appeals regulations, and it is these are being considered by the Committee today.
The appeals regulations consolidate the rights of representation and appeal which have been in place England-wide since 2007 for vehicle owners who are or may be liable to pay penalty charge notices—PCNs—in respect of parking contraventions. They also extend those rights to disputed bus lane and moving traffic PCNs outside London. However, noble Lords should also note the negative procedure instrument: the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022. This instrument includes wider provisions for evidence, penalty charge notices, adjudication, penalty charge levels, and income and expenditure.
This regulatory package, introduced under Part 6 of the Traffic Management Act 2004, consolidates existing legislation. At the same time, it makes powers available to local authorities outside London to issue PCNs for contraventions of safety-critical moving traffic restrictions, such as no entry, banned turns and unlawful entry into box junctions. From now on, local authorities wanting to undertake moving traffic enforcement may apply for formal designation of these powers to enable enforcement to begin in practice by using CCTV cameras that have been certified by the Secretary of State. We plan to lay an order designating the first group of LAs as soon as practicable and will lay further orders as demand dictates.
When using these powers, local authorities have a duty to act fairly. These regulations therefore make provisions entitling drivers who are or may be liable to pay penalty charges for contravening certain traffic restrictions, including the moving traffic restrictions, to make representations to the enforcement authority and, if their case is rejected, to appeal to an independent adjudicator against the penalty charge. The regulations prescribe the information that must be given when a penalty charge is imposed about the right to make representations or appeal against that charge. The regulations also prescribe time limits for each stage of these processes, within which both the motorist and the local authority must respond, and create an offence of knowingly or recklessly making false representations under these regulations or in connection with an appeal.
I assure noble Lords that these regulations merely extend long-established provisions for motorists wishing to dispute parking penalties to the forthcoming civil enforcement regime for moving traffic contraventions. To create parity across the board outside London, we have also used this opportunity to repeal the bus lane enforcement regime, in place since 2005 under the Transport Act 2000, to create a single enforcement regime under the 2004 Act; that includes bus lane enforcement. It was always envisaged that this would happen soon after the 2004 Act was introduced.
By doing so, we have removed some of the inconsistencies in the legislation. Motorists challenging bus lane penalties will therefore benefit from representations and appeals provisions not previously available to them. These will apply to all contraventions. For example, they can challenge a penalty charge on the grounds of “procedural impropriety”. There will also be an express duty on local authorities to consider any “compelling reasons” that the motorist gives for the cancellation of the charge; express powers for adjudicators to refer cases back to the local authority where there are no grounds to allow the appeal but the adjudicator considers that the authority should reconsider whether the appellant should pay all or some of the penalty; and a requirement for the authority to respond to representations within 56 calendar days.
Bringing bus lane powers under the 2004 Act also has an allied benefit, in that it enables Ministers to publish for local authorities, for the first time, statutory guidance to cover all contraventions to which local authorities must have regard. This will simplify the system for the local authority so that it does not have lots of different types of enforcement considerations when it plans how to operationalise them.
However, I am clear that civil enforcement of moving traffic contraventions—or, indeed, of any traffic contraventions —should be a last resort. If contraventions are preventable through other means, such as improvements to road layout or traffic signing, I expect this to be done before enforcement is considered. We will issue statutory guidance to ensure that local authorities use these powers correctly.
Before enforcement can begin in practice, local authorities must apply to the department for an order by means of a letter to the Secretary of State. To ensure due diligence, designation of a local authority will be conditional on them having already consulted local residents and businesses on where existing restrictions have been earmarked for enforcement, and due consideration must have been given to any legitimate concerns.
Local authorities will also be expected to issue warning notices for first-time moving traffic contraventions at each camera location for six months following enforcement going live. This will apply to any new camera location in the future. These requirements will be enshrined in the statutory guidance to ensure that enforcement is targeted only at problem sites, that road users clearly understand the new powers and that enforcement is carried out fairly.
I stress that traffic enforcement must be aimed at increasing compliance and not raising revenue. Local authorities will not have a free hand in how any resulting surplus is used, which will be strictly ring-fenced for covering enforcement costs or specified local authority funded local transport schemes or environmental measures. Neither will local authorities have a free hand in setting penalty charge levels for moving traffic contraventions, as these are banded and set out in the regulations in line with existing penalties for higher-level parking contraventions. As moving traffic and bus lane contraventions are of a type, we are increasing bus lane penalties by £10 to align with contraventions of moving traffic and higher-level parking contraventions —for example, parking in a disabled bay.
These regulations support the enforcement of moving traffic contraventions and play a key role in reducing congestion, with consequent benefits to air quality and to well-being. I commend the regulations to the Committee.
Baroness McIntosh of Pickering (Con)
My Lords, I have just two brief points to make. I thank and congratulate my noble friend on bringing forward the regulations this afternoon. First, I understand that there was a delay and that the statutory instruments had to be withdrawn and re-laid. I would very much like to understand why that was the case and have an assurance that that will not happen with future SIs.
My second concern relates to the Secondary Legislation Scrutiny Committee’s 29th report, dated 10 February 2022. At paragraph 40 it says:
“To free up police officers’ time, these Regulations extend the range of offences that can be dealt with by civil enforcement officers acting on behalf of local authorities, or in some cases traffic cameras.”
I would like to understand from which budget the civil enforcement officers will be taking on this work. I am mindful of the extent to which local authorities’ budgets are under severe pressure at this time.
Who will be responsible for the traffic cameras? In north Yorkshire and County Durham we have very few fixed cameras; the traffic cameras are mostly mobile. When I was an MP in north Yorkshire, I was informed, on the quiet, that in many instances there is no film in static cameras in north Yorkshire—they are just there to alarm people, in the hope that their behaviour will be reformed because they see a traffic camera in front of them. Are we relying on mobile traffic cameras, which are still the province of the police, or are there some other traffic cameras of which I am not aware?
With those few remarks, I wish the SI good speed.
Baroness Scott of Needham Market (LD)
My Lords, on this side we very much support these measures; it would be odd if we did not, as my noble friend Lord Bradshaw has been arguing for this move for pretty much as long as I have been in the House, which is over 20 years now. Civil enforcement of moving traffic offences is, as he has argued, really important in improving the flow of traffic generally and particularly for buses. Bringing the rest of England in line with London is a welcome step. I also agree with the Government that we need better enforcement for safety reasons for cycle lanes, pedestrian crossings, and so on.
Highway Code (Rule 149)
Baroness McIntosh of Pickering Excerpts(2 years, 10 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness McIntosh of Pickering
That this House regrets the Alterations to the Highway Code (Rule 149) because (1) of the piecemeal introduction to Parliament of proposed changes to the Code, and (2) it does not extend to handheld devices used by people on (a) bicycles, (b) e-bikes, and (c) e-scooters.
Relevant document: 30th Report from the Secondary Legislation Scrutiny Committee
Baroness McIntosh of Pickering (Con)
My Lords, I am delighted to have secured the opportunity to express my regret at the proposed revision to Highway Code rule 149 on using mobile phones while driving. I say at the outset that I do not oppose the content of the rule change, but I do not think that it goes far enough and I have a number of questions on which I would like to press my noble friend the Minister—I am delighted to see her in her place—for a response.
For example, the Secondary Legislation Scrutiny Committee, in its 30th report, noted in its conclusion that
“the House has made clear the strength of its concerns about the Department for Transport’s piecemeal approach to changing the Highway Code”.
I ask my noble friend in particular: when we considered a Motion to Regret in the name of the noble Baroness, Lady Jones of Moulsecoomb, some two months ago, why could not these changes have been included as part of that consultation and consideration before both Houses? It seems extraordinary that, less than two weeks after one set of rule changes came into effect, we are presented with, effectively, another. I would like to understand the department’s thinking in that regard.
The Secondary Legislation Scrutiny Committee expressed its concern
“that the hard copy version of the Highway Code is so out of date.”
That was discussed in the previous debate. Can my noble friend say where we are with a hard copy and how up to date the current Highway Code is on the website?
The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
My Lords, I thank my noble friend Lady McIntosh for enabling the opportunity to discuss this important issue and broader issues around road safety and micromobility, including e-scooters—to which I will probably come back in a letter, as I suspect that it is slightly beyond the scope of what we are discussing this evening. A lot of very important issues were raised, and I want to ensure that I cover them in detail.
Road safety is a key priority for the Government. We are constantly reviewing laws and deliberating over policies that can make our roads safer, and also feel safer, for all road users. The recent changes to rule 149 of the Highway Code fall firmly in the former category of constantly reviewing our laws. The changes to the Highway Code arise from a change in the law when the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2022 came into force on 25 March this year. The regulations broaden the offence of using a hand-held mobile phone while driving, so that it now captures drivers who use their phones for stand-alone or offline functions, as well as the interactive communication functions that had previously formed the parameters of the offence. Once the law had changed, it followed that users of public highways should know about it. Therefore, rule 149 of the Highway Code was duly amended to reflect the change.
This change will make it much easier for the police to enforce the offence. No longer will the police have to prove what the driver was doing on their phone; they will simply have to be satisfied that a driver was indeed using their phone while driving to impose the appropriate sanction. This should act as a substantial deterrent to those who might be tempted to pick up their phone and risk not only their own life but the lives of other road users. As my noble friend Lady McIntosh has confirmed, nothing in the Motion we are debating today implies a criticism of or opposition to the changes in those regulations as reflected in rule 149, but rather a concern about the timing of the update to the Highway Code to reflect that change in law, and how this law deals with users of other modes when they use hand-held mobile phones.
I turn first to the nature and timing of the changes to the Highway Code. The Highway Code needs to keep pace with change and should be updated as necessary for two reasons: first, to reflect changes in the law—as is the case in the update to rule 149—as and when they happen, but clearly not before because the law must have already changed; and, secondly, to reflect changes in how our roads are used. An example of this was the recent change to the hierarchy of use to ensure that vulnerable road users are protected from those who have the capacity to cause more harm. It is not always possible to align these alterations exactly, due to the statutory process that we are required to follow to update the Highway Code as set out in the Road Traffic Act 1988. As noble Lords will know, changes to the Highway Code are laid before your Lordships’ House, and indeed are laid in Parliament for 40 days, before they actually come into law. There is always a process which must be gone through.
Furthermore, sometimes a consultation may precede a change in law or a change to the Highway Code, and consultation feedback needs to be thoroughly analysed. This can further lead to uncertainties as changes are resolved through the correct and proper process post consultation and on publication of the consultation response. Sometimes the public may be under the impression, through media coverage, that something is already in place when actually it is just the noise about the consultation that has alerted road users to what might be happening.
Given how technologies are changing and revolutionising the way people think about how they travel and the sorts of devices they use—including new micromobility devices—we anticipate that there will be further changes to the Highway Code that are not yet in the formal pipeline but are certainly being considered by the department. One such example would be how we will change the code to reflect automated vehicles. We have already consulted on this, and we are considering at the moment exactly how that change will be reflected in the code. It is sometimes not a quick process, because we absolutely have to get it right.
Where it is possible and would not hold up progress unnecessarily, we would endeavour to align changes. But, of course, we had changes in January to the hierarchy of road users, and then changes two months later—it was not two weeks, because we had to lay the changes and then they had to be approved by Parliament—which could come into force only if the law had been changed. However, the law had not been changed by your Lordships’ House or the other place; we were dependent upon that law change. Had the law not been changed, obviously we could not have changed the Highway Code. So, we will continue to change the Highway Code as and when we see fit.
I say again that we will try to combine changes if it is appropriate and there is no risk that it would hold up a change because, for whatever reason, another change does not proceed as appropriate. But I feel that a succession of changes demonstrates how seriously we take road safety in the department and the breadth of work that we are undertaking to ensure that all road users are as safe as they can be, particularly given the changes resulting from a change in usage around the e-scooter trials and cycling, but also to reflect that we are more cognisant nowadays of the vulnerabilities of certain road users.
Adopting this so-called piecemeal approach also has a secondary benefit. As the Minister responsible for this, I feel that sometimes it is quite difficult to communicate these changes. We spend a lot of time and quite a lot of money thinking about how we will communicate changes which pertain to a specific area. If we are making changes to a specific area—such as mobile phones, or motorways and high-speed roads, as we did last year—it is much better and easier to tell the travelling public how we have changed the code and what it means for them. I feel that there is a secondary benefit to focusing on one type of change at a time, because it gives us this ability to hone that message, rather than having a more general message—which, I am afraid, the media would probably not be interested in—of “Check the Highway Code: it has changed”. So, I think that this approach has a lot of benefits.
Of course, we always think about how we communicate, and communication is never a one-off: when we change the Highway Code, it does not mean that we stop communicating a few weeks later because we think that everybody knows about it. That never happens. We always think about where our most vulnerable people need to be advised on elements of road safety. We will do this ad infinitum, and always do.
My noble friend Lady McIntosh expresses regret that the Government have not taken the opportunity afforded by the recent law change to extend the dedicated offence of using hand-held mobile phones to cyclists and e-bike riders. Cyclists and e-bike riders tend to be covered by other laws. The laws that we have changed most recently are under the Road Traffic Act, which tends to cover vehicles. However, like all road users, cyclists and e-bike riders are required to comply with many road traffic laws in the interests both of their own safety and that of other road users, and we reflect that in the Highway Code. So, it is not a specific offence to cycle and use a mobile phone or headphones, but cyclists and e-bike riders can be prosecuted by the police for careless and dangerous cycling, with maximum fines of £1,000 and £2,500 respectively.
So, cyclists must concentrate on what they are doing. I am always appalled when noble Lords stand up in your Lordships’ House and tell me about things that have happened to them on the road, and I am always rather embarrassed that I have not been able to stop it—but I do not stop trying. It is really important that we do not demonise all cyclists. There are some bad apples out there, and we need to make sure that they are held to account. Indeed, my noble friend Lady McIntosh raised the tragic incident which happened to Mrs Briggs. I know that this is an area of concern to her, and we too want to ensure that we crack down on reckless cyclists. We launched a review exploring the case for a specific dangerous cycling offence, and we are looking at what we will do next and will publish our response shortly. Just to put the record straight on e-scooters, it is the case that an e-scooter user falls under the regulations, and it is an offence to use a hand-held mobile phone on an e-scooter. They can be fined, and they could also get six penalty points.
I said that I will write on broader issues around e-scooters, because a lot has been raised. I will also write regarding my noble friend Lord McColl’s point about one-way streets.
On the point about guidance, there were two different types of guidance. We felt there was some confusion with the general guidance to the public, with people saying, “Can I still use my mobile phone if it’s in a cradle?” That was the confusion we wanted to try to mitigate, but we expect police forces and other enforcement agencies to update their own guidance. They do not need us to do it for them, quite frankly; they are very capable.
I reiterate that we do not feel that our approach to the Highway Code has been incorrect. In the circumstances we were presented with, it was important to choose specific topics and put them into the Highway Code when they were ready, or when either the law had changed or the consultation had reached its natural conclusion. We will continue to do so, but of course we will combine changes if it makes sense to do so. The next big change probably will be automated vehicles. I can also update noble Lords: a new hard copy of the Highway Code is available for purchase for £4.99 at all good shops and online retailers. It was published on Monday 4 April. I imagine there will be a subsequent amendment later this year, particularly if we get automated vehicles through, but again we cannot take anything for granted so we would not want to wait until then to make any further changes.
For the time being, I thank all noble Lords who took part in the debate and my noble friend Lady McIntosh. I will certainly write.
Baroness McIntosh of Pickering (Con)
I am grateful to my noble friend for her responses and to everybody who has spoken. We have had a passionate cyclist and a number, myself included, who feel more vulnerable to cyclists, e-scooters and other road users.
I was taken by the comments of the noble Baroness, Lady Jones of Moulsecoomb, about how cycling injuries had gone down. One of the reasons for that—and I do not know whether it was through the Highway Code—was that, because of Covid, thankfully cyclists were not allowed to cycle in clumps on country roads. I think that has prevented a lot of accidents.
I look forward to seeing how automated vehicles will respond to reckless and furious cyclists, e-bicyclists and e-scooters, but we live to fight another day.
I am very grateful for all the contributions. I am sure my noble friend is aware that we take great interest in every change to the Highway Code. I thank the Government for this one. I regret once again that it does not extend to vehicles other than motorised vehicles, but I do not intend to press this Motion to a vote. I beg leave to withdraw the Motion.
P&O Ferries
Baroness McIntosh of Pickering Excerpts(2 years, 10 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness McIntosh of Pickering (Con)
My Lords, will my noble friend accept that there is outrage across the House at these developments? The shock wave is such that no one quite understands what the implications are for other companies if they seek to do the same. Can my noble friend explain what the position is under the retained EU law that we have spent hours, days and weeks on since we left the European Union? I understand that means if a company wishes to act in this way, there has to be a statutory period of consultation. Why does that not apply in this case? Is it deemed to be an international route now because we are a third country? The difference in 2020 was that we were part of the European Union. Is that a clear understanding of the situation?
The only other point I would like to raise is: what is the ability of Her Majesty’s Government now to requisition such ships as owned by P&O if we encounter a time of hostility? Are we still able to requisition its services as we were in the past when it was owned under a British flag?
Baroness Vere of Norbiton (Con)
I will have to write to the noble Baroness about requisitioning. I believe that these vessels all fly under the flag of Cyprus and have done for some time. I am afraid that I am not an expert in requisitioning, but the law surrounding the employment of these seafarers is very complicated. There may be various jurisdictions under which they fall, but in previous times when redundancies have happened—and I mentioned earlier redundancies in 2020 and 2021—there was consultation and notification. So it is not right that this time P&O felt that it could get away scot free by not at least having the conversation. We recognise that sometimes negotiations do not work out and employers may have to make difficult decisions about making people redundant, but it must be worth at least having that conversation.
Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022
Baroness McIntosh of Pickering Excerpts(2 years, 11 months ago)
Grand CommitteeRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness McIntosh of Pickering (Con)
My Lords, perhaps I could ask for a point of clarification. I am here for the next business; I was not intending to speak. My noble friend the Minister eloquently moved the regulations, for which I am grateful. If we are going further than was originally intended, does this put us out of kilter with the flow of traffic across to the EU or is it neutral in that regard? That is my only question.
Baroness Randerson (LD)
My Lords, I start by thanking the Minister for her explanation, including of the error. I am happy to accept that it will be corrected in due course.
The Government are going to some lengths here to comply with the terms of the TCA—but only just. This SI certainly follows the letter of our obligations under the TCA but does the absolute minimum required to do so, and in doing that, actually creates a more complex situation. As with so much associated with the post-Brexit legislation, it makes life more difficult and complex for small businesses.
The new EU regulations are tightening road safety requirements—that is obviously the intention of all this—by applying licensing to heavy goods vehicles that are less heavy than was previously the case. The Secondary Legislation Scrutiny Committee notes that this will apply to around 4,200 goods vehicle operators. It also notes that the legislation applies to Northern Ireland, too. In the case of Northern Ireland, the realities of the situation include, of course, not just the protocol but the fact that, in practice, goods vehicles cross and re-cross the border all the time, and can do so even if, for example, they start out in Northern Ireland to deliver goods to Northern Ireland, going east to west and west to east; the route can take them across the border several times. That is the way the road runs. So this could be a requirement for Northern Ireland operators a great deal more often than it will be in GB as a whole. So my question to the Minister is: am I right to assume that the vast majority of operators in Northern Ireland will have to adopt these new licences, at least as a precautionary principle?
In Britain as a whole, people will not need the licence for passenger vehicles—or they will not once the Minister has corrected the legislation. That seems simple enough, but it will also not be needed if the vehicle is not to be used internationally for hire or reward. That is a more complex issue. It is quite obvious if the vehicle you are running is a passenger vehicle, but it is less obvious if it is going to travel abroad. If you are running a Tesco delivery vehicle, you will know that it is not going abroad. But suppose you do small-scale removal of domestic equipment; you might operate for months or years without ever going abroad, then suddenly get a job that involves doing so. For a long time, you would have assumed that you do not need this licence, but that might prove a mistake and you might need to get it. That is why transport managers are so important. As the people responsible for licensing and insurance, it is their job to make sure that that sort of error does not happen, but there are some very small companies in which this kind of role might be overlooked.
The SI allows for a period of exemption so that companies and their managers can gain the required certificates. The Explanatory Memorandum says that efforts have been made to do this in time to allow companies to prepare, but in fact it comes into force on 21 May, which is a very short time span. I accept that the Government will do their best on this from this day onwards, because it comes into force tomorrow, but it is not long for people to prepare.
I welcome the limitation on who can take up acquired rights based on their previous experience. From paragraph 7.18 of the Explanatory Memorandum, it is obvious that training for transport managers increases safe working practices. I welcome the much more stringent requirement for transport managers generally, such as the limitation on the number of vehicles they can supervise, but it is illogical that they can operate an unlimited number of domestic vehicles. If you run a company with hundreds of vehicles, you will have little time to deal with the relatively small number of vehicles that are used internationally. My question to the Minister is: does the nation have a ready supply of properly qualified and experienced people for the role of transport manager, as it will obviously become more complex? Will the lack of transport managers be yet another hurdle for the freight industry to face this year?
I have a question to the Minister about paragraph 7.30 of the Explanatory Memorandum, which says that there will not be local advertising of the need for the new licences. So how will the industry know about them? What are the Government doing to inform freight operators in general, especially small companies? The big companies will know, but the small companies will need help.
I have another question for the Minister, about the enhanced role for traffic commissioners that comes from this legislation. They clearly have an important regulatory role, but what additional resources are they being allocated for this important additional work?
Finally, paragraph 7.35 sets out a new requirement for operators to try to prevent “bogus operations”. This is clearly informed by bitter experience of the past. I do not think it is necessary for the Minister to explain it to us here, but there is clearly a problem. As this is obviously a significant and specific problem that is being dealt with in this legislation, can the Minister tell us how such activities will be inspected to ensure that the requirement in paragraph 7.35 is as effective as the Government clearly hope it will be?
Bus Improvement Plans
Baroness McIntosh of Pickering Excerpts(2 years, 11 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Vere of Norbiton (Con)
How could I disagree with that? That is absolutely right, but there are lots of factors in terms of increasing frequency, and part of that involves local authorities putting in bus priority measures so that buses can make it through congested areas. The noble Lord mentioned the levelling up White Paper and the importance of buses in that regard. I have to agree. We did say that by 2030, local public transport connectivity across the country will be significantly closer to the standards of London. We mean that, and this is a good step along the way.
Baroness McIntosh of Pickering (Con)
My Lords, will my noble friend update the House on the position of concessionary fares for buses, and will she join with me in saying how important they are to rural life, enabling people to go about their everyday activities such as shopping, visiting hospitals and attending doctors’ appointments?
Baroness Vere of Norbiton (Con)
I absolutely agree with my noble friend, and there is an awful lot that we will work together on with the local authorities, versus what they have in their BSIPs, to encourage those who do have concessionary passes to come back to bus, because we miss them terribly. Regarding concessionary payments, we published concessionary travel recovery guidance—late last year, I think, but definitely pre-omicron—that looked at how we are going to get concessionary fares matched up to passholders. At the moment, there is a discrepancy because we are paying concessionary amounts out in full. We are looking at that again to make sure it takes omicron into account, but I agree with my noble friend that concessionary passholders are welcome back to bus any day.
Highway Code
Baroness McIntosh of Pickering Excerpts(3 years ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness McIntosh of Pickering
To ask Her Majesty’s Government what plans they have to amend the Highway Code.
The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
My Lords, following parliamentary approval, the Highway Code was revised on 29 January 2022 to include alterations to improve safety for cyclists, pedestrians and horse riders. Changes relating to the use of hand-held mobile phones in vehicles were laid before Parliament on 1 February. Further changes covering the use of self-driving vehicles are planned and will be laid before both Houses of Parliament later this year.
Baroness McIntosh of Pickering (Con)
My Lords, would it not be a good idea to present all the changes to the Highway Code and consult on them in one go to prevent a piecemeal approach? Do I not have the expectation as a pedestrian to be able to walk safely along a pavement without the risk of being mown down by e-scooters? For what reason are e-scooters still excluded from the Highway Code? When do my noble friend and the department imagine that death and injury caused by cyclists and e-scooters will be put on the same basis as other motoring offences?
Draft Revision of the Highway Code
Baroness McIntosh of Pickering Excerpts(3 years ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Jones of Moulsecoomb (GP)
My Lords, I was so sorry to have missed the earlier debate in full: it looked very exciting—and I rather think that this debate might be exciting as well. There might be quite a lot of opposition.
In spite of having tabled a regret Motion, I am, in fact, fully in favour of these changes, and I congratulate the Government on their foresight in actually bringing them in to make our roads safer. It is absolutely brilliant. I wholeheartedly welcome the changes to the Highway Code. They try to create a situation on our roads where those who can do the greatest harm have the greatest responsibility to reduce the danger that they may pose to others. That means that a cyclist should assume responsibility for the safety of those walking; and a driver has greater responsibility to look out for those cycling, horse-riding and walking. [Interruption.] Shush!
It means that car drivers do not turn at junctions when someone is waiting to cross the road—although I have to say that I thought that was the rule already, and I always stepped out fearlessly, scowling at the drivers. So I am glad that that change is being made. It means that drivers should not cut across people on cycles and horse-riders travelling straight ahead when the drivers are turning at a junction. It means that drivers use the “Dutch reach”, using their left hand to open the door, which makes the driver look over their shoulder to check for nearby road users.
All this is common sense, so I am quite curious about what people perceive as the problem. In fact, of course, the answer is that many drivers believe that might is right: the bigger your vehicle, the more right of way you have. In the UK, drivers are still buying bigger and more polluting vehicles. These are safer vehicles—but only for them, the drivers. Road casualties have fallen a lot over the past three decades, but that is because far fewer car drivers are being killed or injured, because cars are safer for their drivers. The number of pedestrians killed or injured in busy cities such as London has plateaued rather than declined. We made safer vehicles but we did not create safer roads.
Many drivers think that they are beyond the law. In 2018, a staggering 540 people were injured or killed every week in Britain. That is the most phenomenal cost in all sorts of ways. It costs the NHS; it costs the emergency services; it costs social services to mop up after these collisions and injuries, some of which of course are life-changing. We have lawless roads, and the reason for that is that road crime is not treated in the same way as regular crime. I have always supported our amazing traffic police; they do an incredible job against the odds. They make the most astonishing number of arrests because, when they see an illegal car moving around and they stop them, they quite often find that the drivers are criminals: they have drugs and weapons and all sorts of stuff in their car.
The problem is that many drivers will pay as much attention to these changes in the Highway Code and the guidelines as Boris Johnson did to the Covid rules. Our only hope is a massive publicity campaign to convince the majority of people that being a responsible driver or a responsible cyclist—or even a responsible pedestrian—is a matter of courtesy, caring and common sense. We need the same energy that went into the TV ads for the Green Cross Code, drink-driving or “clunk-click”. Without that, I am worried that these changes will escalate injuries on the road. Pedestrians will assert their right to cross the road at a side junction, and car drivers or cyclists will not stop. Pedestrians will be in the right, but that will not stop them being hurt.
These new measures need immediate publicity, including notices, for example, sent with every notification that drivers receive. I found out about these changes only by accident, and if I, who care a lot about road safety and road danger, found out about them only by chance, there are going to be an awful lot of people who have not heard about them yet. So I appeal to Ministers to spend the money to make these Highway Code changes relevant and noisy. I hope they will be a small step towards changing the culture of lawless roads, which leaves so many grieving for lost family and friends and many thousands suffering from life-changing injuries. I beg to move.
Baroness McIntosh of Pickering (Con)
My Lords, I congratulate the noble Baroness on securing this debate and on so ably setting out the changes, on which I will not elaborate. It is not entirely clear whether cyclists or drivers of e-scooters will be covered by these changes as well, so I hope that the Minister might address that in her reply. Does she agree that one of the difficulties of the present Highway Code—and, in particular, with these current changes—is that cyclists can, on occasion, display insufficient regard for other road users. I echo what the noble Baroness, Lady Jones of Moulsecoomb, said about insufficient awareness.
I speak from the vantage point of a rural dweller who travels on country lanes a lot by car rather than by bicycle, particularly in North Yorkshire and County Durham. What concerns me is that, if I understand the Highway Code changes correctly and cyclists are to be asked to cycle in the middle of a country lane, it is going to be impossible for other road users to pass them safely. I want to flag this up to my noble friend the Minister, since in the pubs and tea rooms of North Yorkshire people will talk of little else until these come into effect. It would be helpful to know whether that is the case. Also, with regard to cycle lanes in cities, is it the case that cyclists are now requested not to use them if they do not feel safe but to revert to using the lane?
Finally, my noble friend is aware of my Bill to amend the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988, extending the Road Traffic Act 1988 to include the offences of causing death by dangerous cycling, causing serious injury by dangerous cycling and causing death by careless or inconsiderate cycling. The reason why I raise this in the context of the Highway Code is to ask whether we require primary legislation to make these changes. I was delighted to hear the Secretary of State announce that the Government are now prepared to make these changes. Do we need legislation? Can I lay my Bill to rest, or do we actually require primary legislation? If so, when do the Government intend to bring that legislation forward?
Lord Young of Cookham (Con)
My Lords, as a former Secretary of State for Transport and a keen cyclist, I very much welcome the new Highway Code and congratulate my noble friend and her colleagues in the department on producing it. It makes a very sensible adjustment in terms of the trade-off between pedestrians, cyclists and horse riders on the one hand and those driving cars and motor vehicles on the other. As such, it goes with the grain of the Government’s overall transport policy of promoting sustainable forms of transport. My only reservation, which has already been touched on, is not about the measures themselves but about the information vacuum that has been filled by some inaccurate press reporting, which I will come to in a moment.
Four years ago the Government committed to revising the Highway Code to improve safety for pedestrians and cyclists. Cycling UK, along with Living Streets and others, put forward proposals that were then refined by the snappily named Highway Code review stakeholder focus group. These went out to consultation, and what is before us basically reflects those proposals.
I welcome the principle that those using the roads in vehicles with a greater potential to endanger others have a greater responsibility to avoid doing so, which seems to me to be self-evident. I welcome the advice to cyclists to stay away from the edge of the road and from potholes and parked cars. This has actually been the advice given to cyclists for the past 16 years in the government-backed Bikeability training scheme, but it has only just made it into the Highway Code. It does not advise cyclists to pedal in the middle of the road or to ride two abreast all the time, but it does say that that can happen in certain situations when it is safer to do so.
On cycle lanes, which I welcome—indeed, I successfully campaigned for the first one in Hyde Park in the 1970s—perhaps cyclists should be encouraged to use them where we have them. I know that car users are irritated to find cyclists on the road when there is a parallel cycle lane. The relevant rule 140 says:
“Bear in mind that cyclists are not obliged to use cycle lanes or cycle tracks.”
Perhaps an additional few words could have been added, saying, “But they are strongly advised to do so, not least for their own safety.” Related to that, could my noble friend alert local authorities to the opportunity to redesign junctions crossed by cycle tracks, giving them priority over vehicles turning across them?
My concern, shared by others, is that so far there has been an inadequate public awareness campaign to publicise these changes. We have seen stories that drivers will be fined £1,000 for opening a door with the wrong hand, which simply are not true. I welcome the proposed factual awareness campaign. I would be grateful if my noble friend could perhaps concede that there could have been more publicity before the scheme came into effect—as happened, for example, with the publicity before the Covid regulations were passed, so there are precedents. Can she say a little more about the timing and the budget for phases 1 and 2 of the public awareness campaign?
Against that background, I very much welcome the new Highway Code.
Baroness McIntosh of Pickering (Con)
Will my noble friend permit me to intervene? I think the concern is this. I was pinged with the press notice, for which I am very grateful, because I subscribe. I would just like to flag up these two sentences:
“Many of the rules in the code are legal requirements, and if you disobey these rules you’re committing a criminal offence. If you do not follow the other rules in the code, it can be used in evidence in court proceedings to establish liability.”
We are changing the law here, not the guidance.
Baroness Vere of Norbiton (Con)
That is exactly what I am trying to say. A “should” or “should not” that is in the code can be used. Going back to my noble friend Lord Attlee’s point about an HGV and a cyclist going around the corner and having an incident, whoever is at fault, the fact that they were going against the Highway Code would be a factor if it were ever to reach court. But this is not necessarily about the changes—
E-scooters
Baroness McIntosh of Pickering Excerpts(3 years ago)
Grand CommitteeRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness McIntosh of Pickering (Con)
My Lords, I am delighted to follow my noble friend, who spoke so eloquently, and I congratulate my noble friend Lady Neville-Rolfe on securing this debate. Can the Minister confirm at the outset that, in fact, e-scooters are banned on public land unless they are part of the control trial? If they are part of the control trial, we are told by the Met Office—sorry, by the Metropolitan Police; the Met Office is for forecasting of a different kind—that e-scooters are classed as a motor vehicle under the Road Traffic Act 1988. Can she tell us how many driving licences for this motorised vehicle have been issued as part of the control trials, since their commencement?
In the Minister’s view, and that of the department, does she consider that perhaps those driving an e-scooter need to realise that they have to be over the age of 16, in possession of a driving licence, and should not be riding one without insurance cover, which would lead to a £100 fine? Can she tell us how many e-scooters have been confiscated that are privately owned but being driven on public land, and how many fines have been imposed? I am sure that my noble friend shares my concern at the statistics on the sheer volume of accidents provided in the Library note. Her own department, in November 2021, records 882 accidents involving e-scooters, with 173 involving other vehicles, and 931 casualties in accidents involving e-scooters, of which there were three deaths, all of whom were e-scooter drivers. In that, 253 were seriously injured, while 675 were slightly injured.
How are the Government going to respond to the recommendations of the Association of British Insurers, which sides with my noble friend Lady Neville-Rolfe? If there is going to be a regulatory framework for e-scooters, it said:
“We strongly oppose the implementation of any regulatory framework that could result in liabilities falling onto the Motor Insurers’ Bureau (MIB) and premium-paying motorists without a corresponding insurance requirement for these vehicles; or some form of contribution towards the MIB’s liabilities from users of”
e-scooters and related devices. Without such a recommendation being implemented, we will all have to pay extra insurance premiums to cover the third-party liability. Do the Government intend to ensure mandatory use of helmets for e-scooter users?
My noble friend told me in reply to a Question last year that the current framework is that a person can be fined up to £300, or get six points on their licence, or their e-scooters could be impounded. I end where I began by asking her to tell us who is responsible for enforcement, how many e-scooters have been seized and how many driving licences have been endorsed and fines have been issued? What expectation can we have of better enforcement in future?