P&O Ferries

Baroness Randerson Excerpts

Tuesday 29th March 2022 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, the Government share the outrage expressed by the noble Lord at the behaviour of DP World and P&O Ferries. When they are developed and ready, which I expect to be shortly, we will update the House on a package of measures to ensure that P&O Ferries cannot see through its plans. We will address the immediate challenges faced by those affected and include measures to strengthen legal protections, including coverage of the national minimum wage.

[Baroness Randerson (LD)]

My Lords, in 2020, when the Government announced that UK seafarers would be entitled to the minimum wage, they made the exception of ships exercising innocent passage and transit passage through UK waters. P&O Ferries is not the only company doing that. Can the Minister explain why the exception was made? Can she tell us whether the Government are aware of any other ferry companies operating in that way which are seeking to exploit this loophole on pay? Can the Government confirm that they will not repeat the PR disaster that P&O Ferries has made by continuing to work with the company on its freeport programme or any other government-based project?

[Baroness Vere of Norbiton (Con)]

I can reassure the noble Baroness that we are looking at all relationships that the Government have with DP World and with P&O Ferries. We will develop our thinking on that as more information comes forward. We are in conversation with the unions and other operators as part of an ongoing, constructive dialogue about the package of measures which will be announced shortly. I reassure the noble Baroness that we are able to provide greater employment rights to seafarers operating in UK waters than to those operating on international services, where the rights are different and come under different law.

Payments to Train Operating Companies

Baroness Randerson Excerpts

Tuesday 15th March 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

Safety is, of course, the priority for everybody who works in the railways, and the tragedy at Stonehaven is deeply regrettable. The Government have no intention of diminishing the work we do on safety and maintenance—it is extremely important—but we must look for efficiencies within the system, because we have seen this significant reduction in demand, we must make sure that we protect the taxpayers’ investment, and that is what we are doing.

[Baroness Randerson (LD)]

My Lords, as other noble Lords have mentioned, the 3.8% increase in rail fares simply adds to the financial pressure on families at this difficult time. Does the Minister accept that, now that the Government have ended the franchise system, with revenue from fares going straight to the Treasury, it is entirely in the Government’s hands what policy they choose to use in future to attract passengers back on to the railways? Does she accept that, for environmental reasons, it is essential that lower fares are used to attract passengers?

[Baroness Vere of Norbiton (Con)]

Of course we would like to keep fares as low as possible, but we also need to support crucial investment and pave the way for financial sustainability for the system as a whole. When we took the decision on regulated fares, we looked at inflation and chose to peg it to July’s RPI, which resulted in an increase of 3.8%. Of course, it could have been much higher had we used an RPI from a later month. We also delayed the introduction of the increase by two months, which was particularly beneficial for those buying annual season tickets. There are other ways we can encourage people back to the trains, and we are doing as much as we can, working with the train operators. For example, the Book with Confidence intervention was extended to 31 March. That allows customers to rebook their tickets if they are unable to travel, without administration fees.

Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022

Baroness Randerson Excerpts

Wednesday 9th March 2022 Grand Committee

[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?

[Lord Rosser (Lab)]

I too thank the Minister for her explanation of the content and purpose of these regulations. I take the same view as the noble Baroness, Lady Randerson, does about the error. I thought I heard the Minister say that a wider review of the SI process is taking place. The only comment I would make is that this is not the first time we have had an error in a Department for Transport SI. I am sure that is much to the Minister’s frustration. Perhaps it is understandable that a wider review of the process is going on. I do not wish to say any more about that subject than that.

I noticed that the Explanatory Memorandum says, under the heading “Purpose of the instrument”:

“The UK is obliged to implement these changes following commitments included in the … Trade and Cooperation Agreement”.


I suppose that is an effort by the Government to make it clear that they are not really doing it willingly; it is because they have to. But some of us thought, perhaps incorrectly, that the trade and co-operation agreement had been freely entered into—in the way that the Northern Ireland protocol was freely entered into—and that the Government thought it was a good agreement. Judging by the Prime Minister’s comments at the time, he thought that was a pretty good deal. I only make the comment—I think this is something the noble Baroness, Lady Randerson, alluded to—that whenever we come across anything to do with the EU there is always wording that makes it fairly clear that if the Government had their way they would not be doing anything along the lines of that particular instrument, which is perhaps unfortunate.

As I understand it, the Government are not introducing environmental requirements for HGV operators that stem from UK law. In the Commons, the Minister said that these

“are not required by the TCA.”

Is that now the test when it comes to environmental requirements: it is not whether they are desirable or needed, but simply whether they are “required”? Should environmental issues not be looked at on the basis of whether they are desirable or needed, rather than whether you are required to do it in some agreement or another? Perhaps I misunderstood the point that appears to have been made.

As has been said, these requirements apply only to LGVs on international trips, primarily to the EU. They do not apply domestically in the UK market. It is clear that the UK Government have no plans to regulate further, yet I think I am right in saying that the Minister in the Commons said that the operator licensing system

“continues to be vital to properly manage the use of large vehicles within the UK market.”—[Official Report, Commons, Second Delegated Legislation Committee, 28/2/22; col. 4.]

I am just interested to hear the response. Why do the Government think that the licensing system would not be needed for LGVs in the UK market? Which parts that are needed for LGVs for international trips are deemed unnecessary and bureaucratic to apply within the UK markets? I presume that that is the Government’s argument for them not wanting to apply in the UK markets, because the Government consider them bureaucratic but are obliged to apply them because of the trade and co-operation agreement, which the Government freely entered into.

--- Later in debate ---

[Baroness Vere of Norbiton (Con)]

My Lords, as ever, I thank the noble Lord, Lord Rosser, and the noble Baroness, Lady Randerson, for their contributions to this DfT SI. Once again, I express my regret that an error has occurred; as the noble Lord, Lord Rosser, pointed out, the department is very aware of recent errors. This SI was drafted long before the reform programme within the department was under way, and I shall do my absolute best to ensure that errors do not happen again in future.

I shall briefly cover some of the questions raised. My noble friend Lady McIntosh wanted reassurance that the flows of traffic would be maintained. Indeed, this is precisely what we are doing here—making sure that measures in the EU are reciprocated in the UK, so that there is a level playing field and international traffic can continue as we would expect.

The noble Lord, Lord Rosser, made quite a significant point about this being linked to the TCA, and the noble Baroness, Lady Randerson, said that it was the minimum required—doing what was set out in the TCA. The noble Lord asked whether we felt obliged to do only what is in the TCA. At this moment in time, to be honest, that is absolutely right. Standing here as a Transport Minister, I would not want to put this additional burden on the domestic industry knowing what is going on in the logistics sector, so we are in a situation whereby we are doing what we are required to do in the TCA to maintain the flow of international traffic. I am not considering extending this domestically; I do not think that the logistics sector needs it right now.

The noble Lord, Lord Rosser, said that some of the organisations which responded to the consultation wanted it. Some of them did indeed: a handful. I also note that there are 4,200 operators which operate internationally and of course many tens of thousands more which operate just domestically. I am not entirely sure that that is a representative sample of people who would want this sort of regulation extended domestically at what is a challenging time for our nation.

The noble Baroness, Lady Randerson, mentioned Northern Ireland. She is right that operators in Northern Ireland will need to be licensed. We have had many conversations with Ministers and their officials in the Department for Infrastructure in Northern Ireland and they have an entire communications strategy setting out how to make sure that their operators are fully aware of the requirement. However, the major courier companies in Northern Ireland and the Republic of Ireland tend to have separate distribution networks within each particular area. Therefore, parcels tend to be moved in bulk through the land border and then more localised distribution networks are used. But it is the case that anybody going across the border in Northern Ireland would need to have one of these new licences.

The noble Baroness, Lady Randerson, then talked about it being a much more complex situation and could people cope, et cetera. I do not see that as an issue because these international journeys are happening already and transport managers already exist. What we are doing is potentially formalising the role of those transport managers that already exist in the system. What is our alternative here? We could have done nothing and that would have stopped all the international journeys, which I am fairly sure no noble Lord would want to see happening.

I think we have reached the right balance here. I accept that transport managers who have many years of experience will now need to take their certificate of professional competence. That will be a cost, probably, to their business. The noble Lord, Lord Rosser, asked how much it costs. It depends on the sort of training one does: it can be online, materials or face to face. For an HGV transport manager, it goes up to about £1,300. We would have thought for LGVs it would be lower than that but, of course, this is an industry that will grow and develop as these transport manager qualifications come on stream. It is something that we will keep an eye on, but it is a one-off cost to train somebody in some skills to get a licence. It will be a burden on business, but not an insurmountable one, I think. The lack of qualified or potentially qualified people is not something that has been particularly raised by industry. I think the cost is a greater concern because people see that there is a cost of having the licences.

The noble Baroness asked how we are going to communicate with the industry. I have quite a lot of information about that because we have done a lot. We started communicating about this to make sure that we hit both the large and the smaller operators back in August last year. We have had advertising campaigns on Facebook, Instagram, Twitter and government channels—DVSA Direct has been doing industry updates—and obviously GOV.UK has set out exactly what is required. We employed a commercial agency and worked with partners such as Biffa, John Hudson Trailers and DAF Trucks and Moto, Roadchef and Welcome Break motorway services. I think they know. We have done everything we possibly can to make sure that people who operate LGVs internationally know that they will need a transport manager if they have a single journey or more.

Traffic commissioners are already well versed in the provision of licences, the maintenance of the fit and proper test, and taking to tribunal or equivalent those people who do not meet the fit and proper test. I am content that they are appropriately resourced to ensure not only that the licences can be issued in a timely fashion but that the licensees are fit and proper and are held to account if they are not. However, should it not be the case that licences are issued in time, we are looking at providing interim licences at a cost of £68, which will tide over whatever bow wave of applications comes through. I believe we have the right arrangements in place, but I would not want any operator to be held up because it does not have a licence, whether an interim licence or a full licence.

The noble Lord, Lord Rosser, mentioned environmental issues and of course we take them seriously, but we will look at them on their merits and at the right time. As I said, they will probably not be at the top of my inbox right now, but we are considering all manner of environmental interventions on vehicle standards. There will be more on that in due course.

One reason why there is no urgency to extend these regulations to LGVs domestically is that from an economic perspective it would not be brilliant, but another is because HGVs need a firm operating licensing system because the vehicles are far more dangerous. They have strict maintenance regimes. It is essential that those vehicles are in tip-top condition and are kept by fit and proper people. The LGV system is slightly lighter-touch in that, for example, the level of financial standing an operator must have is less than for HGVs. The system is slightly different from that for HGVs.

This is my last point, I promise. The noble Lord, Lord Rosser, said something about the SI not being in force and asked how many applications we have had so far. If he does not mind, I shall go back to Hansard to try to understand the point a bit better and will write. In the meantime, I commend these regulations to the Committee.

[Baroness Randerson (LD)]

One of the environmental aspects that are being disapplied by these regulations is the requirement to have an appropriate place to park vehicles. The Government have made great play in recent months of the importance of having good facilities for lorry drivers. Does the same argument not apply to the drivers of these vehicles, who might be part of the same workforce? Is this not cutting across the Government’s declared policy on improving conditions for drivers?

[Baroness Vere of Norbiton (Con)]

The noble Baroness is covering a point that I deleted from my briefing, sadly, because I did not think it would come up, and therefore it is not at the top of my mind. There are two issues here. One is where the vehicles are parked overnight in storage by the operator and the other is where they are parked when they are on the road and making journeys. I will write to the noble Baroness with more details on that because unfortunately I do not have them to hand.

Motion agreed.

Bus Improvement Plans

Baroness Randerson Excerpts

Tuesday 8th March 2022 Lords Chamber

Asked by

[Baroness Randerson]

To ask Her Majesty’s Government what assessment they have made of the adequacy of the funding available for Bus Improvement Plans.

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, our national bus strategy asks that all English local transport authorities outside London publish bus service improvement plans—BSIPs—setting out local visions for the step change in bus service that is needed, driven by what passengers and would-be passengers want. At the Budget, we announced £1.2 billion of new dedicated funding for BSIPs, part of over £3 billion of new spend on buses over this Parliament.

[Baroness Randerson (LD)]

My Lords, of course, the amount of money already announced is welcome, but there is a yawning gap before we get to the £3 billion the Government announced. Applications for funding from local authorities have so far, I believe, totalled £7 billion. Is that more or less the correct figure? If it is, can she tell us exactly how the money was allocated for the first tranche of funding and what criteria it was based on, and reassure us that the process was fully objective? Can she also tell us when the money will be announced for the rest of the promised funding? As it is International Women’s Day, I bring the House’s attention to the fact that women are overly and disproportionately dependent on bus travel. It is very important that the Government support public transport at this time.

[Baroness Vere of Norbiton (Con)]

I am trying to piece that all together. I think that what the noble Baroness refers to as the first wave is perhaps the places we mentioned in the levelling up White Paper. Those were just indications of the places we believed had strong enough BSIPs to merit investment allocation; further places for investment are still under consideration. We have been working very hard on reviewing and understanding the plans we have received. I have to be honest: some are absolutely excellent, and others need a bit of work. We are now approaching the stage where the Minister will make the spending decision, and we anticipate that the places announced in the levelling up White Paper will be included, as will many other places.

Bus Services: Covid-19 Emergency Funding

Baroness Randerson Excerpts

Tuesday 1st March 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My noble friend raises a very important point which is at the front of the mind of the department: how do we make the best use of technology? It is not necessarily for the Government to step in and develop the technology themselves. However, there are different ways that we see various app providers being able to integrate with multiple transport modes. What we can do is provide them with the data they need for their apps. This is why, a couple of years ago, we launched the bus open data service which puts information out there in an open fashion concerning, for example, routes, live locations of buses, and fares and ticketing systems—the latter can sometimes be very complicated. We hope to simplify that, and we think that the apps can help.

[Baroness Randerson (LD)]

My Lords, today’s announcement is welcome. However, it would have been even more welcome a few weeks ago because the bus industry desperately needs to be able to plan ahead. Does the Minister accept that the industry faces a perfect storm of declining passenger numbers, rising costs and driver shortages? Uncertainty over government funding was an unnecessary additional factor in that. The industry says that it needs over £600 million in order to recover from the Covid situation before we look at the Bus Back Better plans. Does the Minister recognise that this figure is needed?

E-scooters

Baroness Randerson Excerpts

Tuesday 8th February 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

The noble Lord is most likely right that the PSNI does not hold data. Indeed, it is the case that police forces in England do not currently hold data relating specifically to offences by riders of e-scooters because they fall under the category of motor vehicles, and that data is therefore within that. At the moment the Home Office has no plans to introduce a requirement for forces to collect information, but, as the noble Lord set out, it is absolutely key that local police forces develop good action plans for enforcement, following the guidance that will be coming out from the National Police Chiefs’ Council.

[Baroness Randerson (LD)]

My Lords, last year, there were 931 casualties of e-scooter accidents— 200 of those were non-riders—and there were three fatalities, yet there is absolutely no reference to e-scooters in the new Highway Code. Does this make the Government derelict in their duty to protect both riders and those who inadvertently cross their path? Does the Minister realise that, by tarrying so long on this, the Government are not leading but lagging behind the rest of the world?

[Baroness Vere of Norbiton (Con)]

I am not sure I agree that the Government are “tarrying so long”. It is really important that we get the correct balance between the enormous benefits that e-scooters can bring and safety on our roads. The noble Baroness is right to highlight some very serious safety concerns that have arisen. We are gathering the data, and we appreciate data that is coming into the department from all sorts of places and that we can subsequently analyse. But, as I said, e-scooters are not currently allowed on the roads, except in trial areas. It could become impossible to get a good legislative framework together, so, for the time being, within the trials, the e-scooter riders must comply with the rules, obviously, and take part in the training offered.

Railway Stations: Facilities

Baroness Randerson Excerpts

Tuesday 1st February 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My noble friend is absolutely right, and that is exactly what we are putting in place: inspection of lavatories and, indeed, many other facilities. We need monitoring as part of the service quality regime. We will use independent auditors, who will check stations and trains in each rail reporting period. They will look at the availability and presentation of key facilities, cleanliness, information provision, ticketing staff—all sorts of things. That will lead to an uplift in the services.

[Baroness Randerson (LD)]

My Lords, sight loss is another form of disability. The RAIB report on the tragic accident at Eden Park underlined the urgent need for all platforms to have tactile paving. The Government’s stock Answer to Written Questions on this tells us that 60% of stations have tactile surfaces, but we know that in many cases that coverage is only partial within each station. Can the Minister tell us what percentage of stations have full coverage on all platforms? What is the Government’s target date for completing this work? How much will it cost?

[Baroness Vere of Norbiton (Con)]

Unfortunately, I do not have the figures to hand. As the noble Baroness points out, 60% of stations currently have tactile paving and we are very keen to move that to 100%. One of the key elements of The Williams-Shapps Plan for Rail is a national accessibility audit that will look at every single station across the network. It will have a detailed look at the facilities and the standards to ensure that everywhere is accessible.

Draft Revision of the Highway Code

Baroness Randerson Excerpts

Thursday 27th January 2022 Lords Chamber

[Earl Attlee (Con)]

My Lords, I am grateful to the noble Baroness, Lady Jones, for raising this important issue. It is not usual for noble Lords to claim in debate that they do not know what they are talking about but that is the position I find myself in. This is despite being, I think, the only person in either House who is an HGV driving instructor, albeit out of date. I will speak from the perspective of a vocational driver.

Yesterday, I tried to obtain a copy of the new Highway Code from WHSmith in Petersfield. I was told that new copies were not due in until April; they had none of the old. I then tried to download an online version but could find only the existing code and the amendments to it, not some form of PDF or the like that would show me the whole code, complete with graphics. Even your Lordships’ Library could not do better and we are grateful for the briefing that it has supplied.

Outside your Lordships’ House, I have detected considerable concern about the new and/or amended rules. I hope that my noble friend the Minister will be able to allay some of that. It is important to read these new provisions in the context of the whole code and with the benefit of the excellent and clear graphics that we have come to expect in it. We do not have that, which is why I claim not to know what I am talking about. Most motorists will be in the same position, yet the code comes into operation on Saturday, if I understand matters correctly.

Notwithstanding my limitations, I have a few points to make, which are shared by many who I talk to. Ever since I first drove an HGV in about 1976, I have recognised, as I was taught, that there is a hierarchy of road users. The HGV drivers were at the top while pedestrians and children were at the bottom, and most vulnerable. I am therefore perfectly content with the new hierarchy. It seems that the whole point of vocational or professional driving is to ensure that the needs of other road users are respected and met. The noble Baroness, Lady Jones, made the point that might is not right; she is perfectly correct, and I was always trained and taught that HGV drivers should not abuse their bulk or weight.

On priority for pedestrians at junctions when a vehicle is turning off the main road, it seems that the Minister has placed an imaginary zebra crossing at every such junction. However, a zebra crossing has several other features to enhance safety. There are the flashing yellow lamps and the zig-zag lines that have the effect of prohibiting waiting, unloading, parking or overtaking. When I was training HGV drivers to negotiate a zebra crossing, I would make sure that they identified the hazard in good time and ensured that there was no possibility of any pedestrian getting to the crossing before they did. This is easy enough, because of the layout that I have referred to. There should never be a need for heavy braking, let alone an emergency stop, on the approach to a zebra crossing. However, the same cannot be said for these junctions and, not having been able to study the code properly, I and others are deeply concerned. I hope that my noble friend the Minister can provide reassurance.

Turning to the new rules regarding cyclists, I have always been trained to respect cyclists and take special care with them. As your Lordships would expect, I always do so. I am currently undertaking a lot of driving on rural A roads and unclassified roads. I understand my travel time to within a few minutes on a 45-minute journey. When there is no possibility of safely passing a cyclist or a group of them, I will hang back so that they can enjoy their ride without feeling under pressure. When conditions are more propitious, I will move closer and overtake safely, giving them plenty of room. This is what they expect of me.

Meeting the needs of cyclists, which I am happy to do, never causes me measurable delay on my journeys. Since the Conservative-led Government so wisely increased the speed limit for HGVs on a single carriageway, neither do HGVs. What does cause significant delay is a few older motorists driving at far below the prevailing speed limit. In my opinion, they would fail if on a driving test for failing to make normal progress. Not only can I not pass them safely, HGVs cannot do so either but that is not the problem for today. My concern is that the side-by-side rule for cyclists, which I hope my noble friend the Minister will carefully explain, will have the same effect as a car being driven far too slowly and without the possibility of a safe overtake. It could not only increase journey times but seriously damage the relationship between responsible and skilled motorists and cyclists, as pointed out by my noble friend Lady Hodgson.

I have one technical question for the Minister regarding the code but I expect that she will have to write to me. The code makes it clear that a warning triangle should not be placed behind a broken-down car, especially on a motorway. There must be a good reason for this but it is contrary to advice, and sometimes to the law of many countries on the continent. Our continental friends do not get everything right in terms of road safety. Can my noble friend please write to me and other noble Lords speaking to explain the reasoning for this rule? My greatest concern is the non-availability of the Highway Code in its complete form, so that we could understand what is meant in the whole document.

[Baroness Randerson (LD)]

My Lords, I thank the noble Baroness, Lady Jones, for bringing this debate to the House today. I agree completely with the concerns expressed by those noble Lords who have already spoken in it. Having said that, of course one welcomes an update to the Highway Code. I welcome the reordering and clarification of the hierarchy of road users and the concept of basing it on vulnerability. I also welcome that there is a precise spelling out of the rules on cycling and safety.

However, it is surreal that e-scooters are not mentioned in this document. I realise that the Minister will tell us that the Government are waiting for the pilot project results but, in the meantime, tens of thousands of them are out there on our pavements and driving heedlessly through red lights. There is a great deal, which is welcome, on how to deal with horses. I live in an urban area; I have lived in my house for 40 years and cannot recall ever seeing a horse walk down the road, but every day I see dozens of illegal scooters going down it. It is all the more concerning because rule 42 refers specifically to mobility scooters being allowed on pavements. That is right, of course, but given the present information vacuum it is likely to mislead people. Even a simple restatement of the current rules—that e-scooters are illegal, except in pilot areas—would have been a welcome clarification.

I also share the concern that, as I read it, having spent many millions of pounds on developing cycle lanes, which was greatly welcome, cyclists do not actually have to use them. One of the great things about cycle lanes is that, as a motorist, I can say that you know where the cyclist should be, so you know how to use them. The fact that cyclists may now feel that they can, rightly, go to other parts of the road is a matter of concern.

--- Later in debate ---

[Baroness Randerson (LD)]

Before the noble Baroness sits down I ask that, in the letters she will undoubtedly write to us, she will address my very specific questions about budgets for publicity and for the police and local authorities to spread the word on this. Can she also clarify when the new information will have to be known by people taking the driving test written examination?

[Baroness Vere of Norbiton (Con)]

I will.

Electric Vehicle Charge Points

Baroness Randerson Excerpts

Wednesday 26th January 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I do not quite accept that the system is chaotic. It is definitely growing and it is incredibly innovative, but that is why the Government consulted on things such as opening up public charge point data; improving the reliability about which the noble Lord speaks; streamlining payment methods, which is incredibly important; and increasing price transparency, so that people know how much they are going to be charged. We will publish the response to this consultation very soon, and we will lay legislation this year.

[Baroness Randerson (LD)]

My Lords, only last Saturday, I was standing in a car park trying to download yet another app, only to discover that the EV charger was not working—again. Achieving net zero requires all drivers to switch to EVs, not just those of us with space to install our own charging points. SMMT figures show that only one new public charger is being installed for every 52 new electric vehicles registered, and that ratio has been getting worse. What urgent plans do the Government have to improve this record and to ensure that charge points are properly maintained and accessible with an ordinary credit or debit card?

[Baroness Vere of Norbiton (Con)]

I will not repeat what I have said about the consultation. Certainly, payment and reliability will all be parts of our response to that. The noble Baroness will know that 80% of charging happens at home; the Government are therefore supporting people to put in their own chargers at home where they are able to. For those who are unable to, we are very much focused on on-street charging near homes and offices, and we are providing funding for that to happen.

Transport Act 2000 (Air Traffic Services Licence Modification Appeals) (Prescribed Aerodromes) Regulations 2022

Baroness Randerson Excerpts

Tuesday 25th January 2022 Grand Committee

[Lord Davies of Gower (Con)]

My Lords, I am very grateful to the noble Lord, Lord Berkeley, for raising this aspect of air traffic services, and it is a pleasure to follow him. I should perhaps draw attention to my role as co-chair of the All-Party Parliamentary Group on General Aviation and as an aviator who is often confronted with inclement weather conditions, when the provision of satellite-assisted navigation is of enormous help.

At the conclusion of the Brexit negotiations, a number of reasons were put forward from various sources as an explanation for the loss of the high-accuracy guidance provided by the European Geostationary Navigation Overlay Service, EGNOS, ranging from running out of negotiating time to the EU demanding an excessive amount of money to remain within the Galileo system. Seeking clarification in a Written Question to the Department for Business, Energy and Industrial Strategy on 20 April last year, I asked

“what financial contribution the EU requested for the UK to continue to access the European Geostationary Navigation Overlay Service Safety of Life service; how the request compared with the UK’s previous contributions; how they assessed value for money in view of its impact on aviation; and what plans they have to renegotiate access to this service.”

It was a disappointing response. I was told:

“The UK sought to negotiate a service access agreement on


EGNOS

“with the EU. However, the EU required participation in the programme along with the full associated costs of participation, as per previous years, for continued access to the EGNOS Safety of Life service. For all programmes under consideration, the Government was clear it would only participate where the terms were in the UK’s interests, and in this case, it was not considered value for money.”

The question of financial contribution was not answered.

I am bound to say that I find that quite astonishing. The whole purpose of EGNOS, which provides localiser performance with vertical guidance, commonly known as LPV accuracy, is the safe operation of aircraft. The clue is in the title: Safety of Life service. Surely this should be in the UK’s interest, and everyone else’s.

The loss of this service has had enormous financial implications for airfields, many of them small training establishments, which have assisted in EGNOS-assisted approaches. What is more, student pilots training for commercial licences have lost the opportunity to undertake the necessary practical training for those airfield approaches within the UK, with the prospect of moving to European training schools and consequent loss of revenue to UK training establishments.

Above all, it is the safety access which the EGNOS service provides and which has now been lost due to the Government putting value for money before the Safety of Life service. My question is simple: how much would it cost to retain that facility, or is it still the Government’s position that finances override the safety aspect of EGNOS?

In answer to a further Written Question of mine a year ago, I was informed:

“The Government continues to explore options for mitigating the loss of the LPV capability.”


Perhaps the Minister can update the House on exactly how much further forward we are on those much needed options and what the timescale is.

This is an extremely important issue on which the aviation community feels sorely let down, so I ask the Minister to do whatever she can to reinstate this important service, which, on the face of it, appears to have gone completely off the radar. I look forward to my noble friend’s response.

As we are considering aviation licensing issues, perhaps I can ask my noble friend’s indulgence for a moment longer on the issue of a recently adopted regulation resulting in pilots now being prevented from flying in UK airspace using US FAA flight crew licences. This is having a particular effect on helicopter operations. As the Minister will know, many pilots in the UK have FAA licences due to the costs involved with the UK’s authority, the CAA, which is one of the most expensive authorities in the developed world. I believe that Article 2(1)(b)(ii) of UK regulation 2018/1139 is the element causing problems for owners. The legislation applies to all third-country licence holders, including FAA licence holders resident in the UK, and all third-country aircraft registered in the UK.

The pressing issue is residence within the UK. If it was a case of the aircraft residing elsewhere, it would not be an issue. The legislation does not consider aircraft on the FAA register separately, as they are on a third-country register. Pilots and engineers who work on aircraft hold a multitude of different licences, not just FAA ones. Rather puzzlingly, the FAA instructor who conducts checkrides is invariably also a UK CAA examiner. Therefore, it is difficult for operators to understand why they should now be stopped from flying. We have a frustrated section of the aviation community unable to fly for business, with multimillion-pound helicopters and experienced private and commercial pilots having been made redundant through the legislation. I would be grateful if the Minister could outline how the DfT plans to address the issue.

[Baroness Randerson (LD)]

I thank the Minister for her introduction to these regulations. I will start by addressing what is in them before turning to other issues—I do not want to disappoint her, but I will turn to other issues.

The background to these regulations seems to lie in two serious systems failures way back in 2013 and 2014. These led in due course to this SI, via the 2021 Act. It has taken a very long time to get here, in an industry where technological development is very fast paced. Both the CAA and the CMA have additional responsibilities as a result of these regulations. They are the Government’s usual maids-of-all-work; barely a week seems to pass here without them picking up some additional responsibility. I ask my usual question to the Minister: what additional resources are they being provided with as a result of these additional responsibilities?

A recent Written Answer to one of my questions revealed that two people had been assigned to the team tasked with promoting general aviation and liaison with general aviation airfields, spending £375,000. By comparison, these regulations deal with very large airports and very large numbers of large airports. How many people are to be regularly devoted to the licensing of air traffic services? How many additional people does the Minister think will be required as a result of these regulations?

I say this because paragraph 12.4 of the Explanatory Memorandum refers very specifically to an increase in the number of appeals. It talks about an 8% increase in the number of minor modifications appeals and a 12% increase for major modification appeals. When, where and how did these figures come about? How were they arrived at? There was no formal consultation and no full impact assessment. My concern is that, without those, it is very difficult to be that precise. I was surprised by that lack of consultation, because modifications which affect the London approach affect a very large number of users—not just large companies and airports but the users of the airports and small companies and individuals too.

I move on to the other issue, EGNOS. I thank the noble Lord, Lord Berkeley, for his continued work on this really important issue. The noble Baroness, Lady Foster, and the noble Lord, Lord Davies, spoke with great expertise and knowledge on this. I have also been surprised by the lack of any apparent reference to the loss of EGNOS. I have been looking online, on the DfT website, for a formal statement; there is absolute silence, as far as I can see, on this essential issue.