Train Driving Licences and Certificates (Amendment) Regulations 2022
Baroness Randerson Excerpts(2 years, 3 months ago)
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Baroness Randerson (LD)
I thank the Minister for her clear explanation and the noble Lord, Lord Berkeley, for giving us this opportunity to discuss an important issue. I also place on record the excellence of the Library briefing that we received on this, which is very helpful.
This SI is an example of the complex contortions that we are forced into to recreate—or recreate in part—the system that existed before we left the EU. It is a pale imitation. So much ministerial and Civil Service time is spent on the minutiae of this and dozens of similar SIs, when it would be so much better if Ministers could concentrate on the big infrastructure and climate change challenges that we face—or even just on catching up with the backlog of maritime legislation.
The Minister has answered my first question, of whether the agreement has now been signed. I am very pleased to hear that is the case. Can she confirm that, now that both countries have signed, there is no chance of a legislative hiatus, a problem that was facing us? It is regrettable, to say the least, that Parliament having passed the required amendments in 2019 and 2020, as so often, the further steps required are being dealt with at the last moment. I gather that the operators concerned had already obtained European TDLs for their drivers so that they could continue to drive trains through the Channel Tunnel if the signatures were not forthcoming. Once again, a business community is at the sharp end and incurring extra costs.
As the regret amendment tabled by the noble Lord, Lord Berkeley, spells out, this is a very limited solution, far from the smooth international trade and travel that we used to enjoy. It is ironic that it was in the heyday of Thatcherism that we celebrated the Channel Tunnel joining Britain and mainland Europe to make international trade and travel so much easier.
As the noble Lord, Lord Berkeley, has asked about the relevance of Ashford and Calais and whether you have one driver or two, I will not repeat the detail of those questions, but they are at the top of my mind. Can the Minister explain what the operational answer will be to this in future? Will trains have two drivers so that they can swap over once they have gone through the tunnel in whichever direction they are going, or will they now all stop at Calais and Ashford, which would involve a significant adjustment to the timetables? During Covid, trains have not stopped there on a regular basis.
The Library briefing also raises some important questions in relation to the rights of HGV drivers. The phrasing of the regret amendment by the noble Lord, Lord Berkeley, gives me the opportunity to ask a useful question on the issue for UK-based HGV drivers working for EU companies. Their CPC cards may not be recognised in EU countries. Is this an issue? Can the Minister explain the situation? Also, UK operators wanting to work within the EU must now separately license their business, register their vehicles and trailers, and comply with new and additional customs procedures.
The Minister knows that, in the past, I have asked about the changes to UK rules on testing for drivers of a range of commercial and goods vehicles. There are now fewer steps towards gaining a UK licence, so I take this opportunity to ask the Minister: where do the changes in licences place an HGV driver qualified according to the Government’s new, simpler rules if they have an accident or are picked up by the police for a traffic violation within the EU, for instance? Will they still be deemed fully qualified and insured?
May I slip in a final question about the recent queues at Dover? Drivers are now reporting that it takes between 10 and 20 minutes for a lorry to get through and have the paperwork checked. The CEO of the Port of Dover has expressed additional concern about the new checks that will come in in about six months’ time. Can the Minister assure us that the procedures and systems are entirely ready for that? Have the Government had discussions with opposite numbers in France and the EU about ensuring that this process is as smooth as possible?
Lord Liddle (Lab)
My Lords, I rise very briefly to say how much I support what my noble friend Lord Berkeley and the noble Baroness, Lady Randerson, said. They have raised lots of detailed issues, which I hope we will get a clear answer to at the end of the debate. I just want to add one thing. What is the Government’s vision for international rail travel of which Britain is a part? Is that the way that they are thinking about it, or are they thinking, “Oh well, we can’t do anything because it involves ECJ jurisdiction”, or something like that? Where is the vision? There is a real opportunity here: if we are serious about reducing air travel and all the damage it does to the climate, we have to be in favour of more people going on holiday or on business on the continent by rail. The opportunity is growing. I was lucky enough to be brought up as a railway clerk’s son and, every year, we would use our free passes to go from Carlisle to the continent.
E-scooters
Baroness Randerson Excerpts(2 years, 3 months ago)
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Baroness Randerson (LD)
My Lords, I thank the noble Baroness for giving us this excellent opportunity, and I am surprised to find that I agree with most of the views that have been put forward. In my view, the Department for Transport is treating the 31 pilot projects rather as the Prime Minister is treating the Sue Gray report—as an excuse for lack of action, while the evidence mounts and everyone can see there is a big problem.
I start from a position of positively welcoming e-scooters, as another potential alternative to cars. They are not exactly active travel because they require very little effort, but they are emission-free at the point of use. Evidence shows that they tend to be used by young people for short journeys and are often used just for fun. There is absolutely nothing wrong with that.
One problem is that the Government have set up so many very long-term pilot projects that a large number of people think that all e-scooters are now legal. Another is that there is virtually no police enforcement for illegally used e-scooters outside the pilot areas, while retailers are selling hundreds of thousands of them—mostly with no warning that they are illegal on roads and pavements. It is estimated that there are now at least 1 million privately owned e-scooters across the UK. In addition, there are 23,000 available to rent.
That is a very large experiment from which to draw conclusions, and there is now plenty of evidence of the damage that the current wild west approach is doing. Nine e-scooter riders died last year, and a study in Bristol showed that only 7% of riders were wearing helmets. Indeed, the pilot schemes do not require helmet wearing. There were 951 casualties involving e-scooters, 732 of which were the riders—one as young as four—and 253 seriously injured people.
The Government seem paralysed into inaction while the rest of the world is taking this issue on. To give a snapshot of good ideas, in Germany, for instance, you have to be insured, with an annual insurance sticker; you must have lights, brakes, reflectors and a bell; and there is a 20 kilometre per hour maximum speed. France, Austria, Belgium, Finland, Portugal and Sweden have all based their rules on those that apply to cycling. Spain, the Netherlands, Ireland, Italy and Australia all seem to have rules. There are a host of ways in which sensible regulations can be introduced and technology can come to the rescue—for example, using geo-fencing to exclude them.
Despite all that regulation, however, very serious issues remain. The impact on people with disabilities has been very well outlined. I have lost more than 70% of my hearing, and I am told that they make a swishing sound as they come along, but I cannot hear that. The hire and charging model for e-scooters is not as environmentally friendly as you might think, because the batteries have a very short lifespan, and a time-based hiring system encourages people to speed to get to the end of their journey by the end of their hire time. There is also a serious and major fire risk, which has been revealed only this week, with a house destroyed by a fire due to the combustion of an e-scooter battery. So, I ask the Minister to please address that issue if she does not do anything else.
Air Traffic Management and Unmanned Aircraft Act 2021 (Airspace Change Directions) (Determination of Turnover for Penalties) Regulations 2022
Baroness Randerson Excerpts(2 years, 4 months ago)
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Baroness Randerson (LD)
My Lords, I follow up that final comment by saying that the noble Lord, Lord Berkeley, has raised some important issues, and I would really appreciate being copied into any correspondence that flows from his comments. Indeed, I would like to be invited to any meetings that the Minister chooses to hold.
Although this SI is evidently very technical, it allows us a useful opportunity to ask some important questions, as noble Lords already have, about the progress of airspace modernisation and its implications. This legislation flows from a policy implemented at a time when our skies were busy and there was an expectation of further expansion.
I want to make clear that it is obvious to me that airspace modernisation is a good and vital thing. It is very important environmentally, but it comes in the “Good but difficult” category because, once you develop new air corridors for an airport, you are concentrating flights over one set of people, who, not surprisingly, will be unhappy at that, whereas all the other people who no longer have those flights going over them are relieved that that is the case. It is balancing upsetting one set of people against pleasing others.
Of course, there is also the balance between the benefits to one airport and another, which has sparked this SI. That issue is probably most acute in the south-east of England, but it can and does occur in other parts of the country.
We are now in a very different situation with aviation, so my first question to the Minister is: how have the Government adapted their policies in relation to airspace modernisation, if at all? Have they slowed down the pace of change as a result of the impact of Covid? Whatever emerges as aviation regrows, and I share the view that it inevitably will, there will be a change in pattern in the short and medium term as various parts of the world recover from Covid more rapidly than others. But there will also be a change in pattern of the type of traveller. I venture that business flights will never recover to the level at which they once were. That, of course, spells trouble for any airport that concentrates on a lot of business travellers. They will have to adapt, and I am sure they will, but it means a change in pattern of use and direction for the traffic.
The crucial point of difficulty in the airspace modernisation process is the consultation with residents. The Explanatory Memorandum indicates that this is planned to start in 2022. I would be pleased if the Minister could explain that to us in a little more detail. What proportion of the consultation with the public will take place in 2022? Will just a few pioneer airports do it, or will most of the public consultation take place then?
It will take time for competition to shift, change and adapt to the new patterns. Therefore, I ask the Minister whether it is wise to go ahead to the point where, in extremis, we start fining airports for lack of co-operation when the whole new pattern of competition is still settling down. The aviation industry has had a very tough time. Airports have suffered badly and had relatively little alleviation from the Government. Therefore, anything that adds a burden by fining them for a lack of co-operation could be the last straw for some of them.
I am, of course, attracted to the idea of penalties for non-co-operation being based on the resources and size of the company concerned, but will this take account of the different treatment of airports in the last couple of years? Aviation has not benefited from total alleviation of business rates in England but it has in other parts of the UK, so there has been a patchwork in the way airports have been treated.
Once again, we are in a situation where the CAA is being given additional powers. The Minister used the phrase “in extremis”. What discretion will the CAA have when taking into account the financial difficulties of an airport as a result of airspace modernisation and the implications for its future business?
The EM says that 71 or 72 organisations are affected, yet there is little assessment of the financial impact of this measure. The process of modernising airspace and consulting the public is very expensive; the cost of familiarising yourself with the legislation is really marginal. I am therefore surprised that there is no full impact assessment. I ask the Minister whether perhaps that should be reconsidered. The whole process could, or will, have a significant impact on some individual airports, because modernisation will disadvantage them. That surely needs to be taken into account at this point in time, which is very difficult for those in the aviation industry.
Lord Tunnicliffe (Lab)
My Lords, I welcome the introduction of these regulations, which help to determine the financial penalties for those who do not comply with airspace modernisation directions. The Minister will recall that during the passage of the Act, these Benches supported the aims of airspace modernisation; we therefore support these regulations, which assist that process. The aviation industry is critical to the UK economy, and it is in everyone’s interests that we redesign UK flight paths to deliver quicker, quieter and cleaner journeys. On this, can the Minister update the Committee more generally on the process of airspace modernisation and the timetable that is currently being worked towards?
On the specific legislation before the Committee, can the Minister explain why this formula for calculating turnover was not included in the original Act? Can she also confirm how the department determined this formula? The instrument has the support of the Opposition, but I would be grateful if the Minister could provide answers to these questions. I would be quite content to receive a letter in response. On my noble friend Lord Berkeley’s issues, I would be grateful to be copied in if there is to be a meeting or correspondence.
Baroness Randerson (LD)
Before the noble Baroness sits down, will she clarify further how much progress the Government expect to be made this year on the public consultation? I ask that because I am very aware that there is pressure on airports and the services that they run at this time, and to expect them to be doing public consultation effectively and efficiently at the same time might be rather too complex.
Baroness Vere of Norbiton (Con)
I am grateful to the noble Baroness. I deliberately swerved that question, yet did not advise her of the fact that I was doing so, because I do not have the answer—it was also raised by my noble friend Lord Naseby—but I will respond precisely on that matter. How the public will be involved, which ACPs are going forward and where, and all those sorts of things, I will put in a letter. I beg to move.
Railway Timetables: Disruption
Baroness Randerson Excerpts(2 years, 4 months ago)
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Baroness Randerson
To ask Her Majesty’s Government what steps they are taking to ensure that full railway timetables are restored as soon as possible, following the disruption caused by staff absences.
The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
My Lords, the department has been working closely with rail operators to mitigate the impact of Covid-related staff absences on train services. Many operators have implemented temporary revised train timetables, which are providing passengers and especially the country’s key workers with certainty so that they can plan their journeys with confidence. The department will continue to work with operators to ensure that services meet demand as staff absence pressures ease.
Baroness Randerson (LD)
My Lords, I regret that there was no absolute reassurance in that Answer that timetables would be restored. At the same time as reductions, the Government are requiring train operating companies to make 10% savings and imposing a 3.8% increase on fares for passengers. The Government found the money for freezing fuel duty and reducing domestic APD, but rail passengers face the double whammy of reduced services and higher prices. Does the Minister recognise that the Government should do everything they can to encourage us out of our cars and back on to public transport, but instead government policy is setting the railways up to fail?
Baroness Vere of Norbiton (Con)
I do not agree with the noble Baroness’s assessment that government policy is setting the railways up to fail. We are introducing all sorts of measures under the Williams-Shapps Plan for Rail which will improve rail services and make them fit for the future. It is the case that demand is currently running at around 55%; because of Covid absences, we have a temporary timetable in place—I reassure the noble Baroness that it is a temporary timetable, which she will know expires on 26 February. We are working closely with the rail industry in relation to the progress of omicron and how timetables may look in the future.
Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Order 2022
Baroness Randerson Excerpts(2 years, 4 months ago)
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Lord Greenway (CB)
My Lords, I too am grateful to the Minister for introducing this order. As she said, the convention dates from 2004 and was not ratified until September 2016 by 30 states, representing 35% of the world’s merchant tonnage. By the time it came into force a year after that, over 60 countries had ratified it, representing over 70% of the world’s shipping.
The Minister mentioned the delay in bringing forward this order. I am not certain that I entirely buy her explanation. It seems to me that when so many other countries, representing so much of the world’s shipping, have already ratified it, it does not do our reputation as a so-called maritime nation much good when we are seen to be dragging our feet over these conventions.
She also mentioned in passing the Chinese mitten crabs. When I went through the list, it read more like something out of a science-horror movie, since we also have round goby, North American comb jelly, zebra mussels, toxic algae and even cholera, which has been transported on micro-organisms such as plankton. There are some very nasty things going around, as the noble Lord, Lord Berkeley, just said, and this convention was brought in for very good reasons.
There is one thing I would like to ask the Minister. What has been the position with our ships? This measure does not mean that an awful lot of ships, in the general sense of the word, would be affected because our Merchant Navy is a shadow of what it used to be. But what has happened to those ships to enable them to continue trading? Have they been, on their own accord, taking the actions necessary to comply with the convention in order to trade? If they were seen to be operating under the flag of a country that had not ratified, they would quickly be picked up by port state control around the world and forbidden to trade. I would be grateful if the Minister could shed some light on that.
Baroness Randerson (LD)
My Lords, I welcome this important environmental measure and thank the Minister for her explanation. In particular, I was fascinated by paragraph 6.3 of the Explanatory Memorandum, which explains the complexity about which comes first: the ratifying of the convention or these regulations. However, that does not explain why it has taken since 2004 for us to get to this stage.
I realise that we were not alone because, as the noble Lord, Lord Greenway, just explained to us, it took until 2017 for 30 countries representing 35% of the world’s tonnage to ratify the convention. But it is a serious matter of concern and shame for us that the nations with 70% of the world’s tonnage have now signed up and we have not yet managed to do so, although it will happen soon. It is depressing that, as a once-great maritime nation, we yet again have been slow to adopt international and environmental measures that were a matter of urgency.
Perhaps the Minister can clarify, but am I right that our slowness has simply been because of the huge backlog of maritime measures that the Department for Transport managed to build up? Was it simply overlooked, or has it been a lack of enthusiasm by successive Governments to sign up that has been the problem?
There is a key point, not explained in the Explanatory Memorandum. I am sure that noble Lords will forgive my ignorance, but do ships need new technology to manage their ballast water in the way that will be prescribed, or is it just a matter of better management? I am not clear whether it is that all modern shipping would have the correct equipment, and so on—but I am surprised that there has been no impact assessment. I would assume, whether it is better management or modern equipment, either way there will be costs for ship owners as a result of this SI. However, I welcome the fact that we have finally got round to it.
Lord Tunnicliffe (Lab)
My Lords, I support the introduction of this order to implement the 2004 International Convention for the Control and Management of Ships’ Ballast Water and Sediments. The convention ultimately aims to eliminate the transfer of harmful aquatic organisms and pathogens, which is why the control and management of ships’ ballast water and sediment is so crucial. However, given that the UK played a pivotal role in negotiating the convention, it is a shame that it is only now being brought forward. I note that the Minister gave some explanation on this delay but, clearly, it is a matter of concern on all sides of the Committee. I hope that she will produce a full answer and, if there are areas on which she cannot answer today, write to us all.
On the legislation itself, I would be grateful if the Minister could answer three questions. First, are the Government already fully in compliance with the convention? Secondly, what engagement has the department had with the shipping industry over the implementation? Finally, how many countries have ratified the convention, and how many further are in the process of ratification?
We support the introduction of this order and the implementation of the convention, but this is only one step in cleaning up the seas. I hope that the Minister can offer the Committee a brief explanation of the other steps that are being taken by the Government.
International Organization for Marine Aids to Navigation (Legal Capacities) Order 2022
Baroness Randerson Excerpts(2 years, 4 months ago)
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Baroness Randerson (LD)
My Lords, like other noble Lords, I welcome this important measure on maritime safety. I am very pleased to see that someone in the Department for Transport has been much more enthusiastic about signing up to this new convention, opened to signature by the French Government only a year ago, than was the case with the previous convention. It is good to see the UK in an enthusiastic leadership role after recent years when we have been—from the perspective of an internationalist, as I am—withdrawing from our international responsibilities. The development and maturing of international organisations is always good to see, especially one as practical and useful as this one.
I had written down two questions, one of which the noble Lord, Lord Greenway, has partly answered for the Minister—but I shall still ask it in part. Can the Minister update us on the progress on the other signatories? Are we in good company? The noble Lord, Lord Greenway, gave us some names, but is this regarded by the Government as good progress for something that they clearly support? Since this is a French-based organisation, does the EU join as a group, as one organisation, or do the individual EU countries join—and, if so, what is the progress with that?
I note that IALA will remain consultative. I move on to paragraph 7.6 of the Explanatory Memorandum, which says:
“Membership of IALA … will allow the United Kingdom to continue to play an active role”,
et cetera. This question is linked to my previous question. Did our withdrawal a year ago from the EU mean that we were put at a disadvantage in relation to this issue of international maritime safety? Did our previous relationship link in any way with our membership of the EU, and therefore leave us out in the cold somewhat? Was that an important—and very good—reason for wishing to join this convention as soon as possible?
Lord Tunnicliffe (Lab)
My Lords, I welcome the introduction of this instrument to help to facilitate and recognise the new International Organization for Marine Aids to Navigation. The Committee will be aware that this new organisation is a transition from the previous International Association of Marine Aids to Navigation and Lighthouse Authorities, which has functioned since 1957. First, given that only five other nations have ratified the related convention, can the Minister provide the House with an estimate of when the transition will be completed? Secondly, can the Minister confirm whether the support and resources given by the UK to the new organisation will in any way differ from the support and resources given to its predecessor? Finally, can the Minister briefly explain the UK’s strategic aims for engagement in the organisation, as well as related bodies such as the International Maritime Organization?
We fully support the work of the new International Organization for Marine Aids for Navigation, and I am therefore pleased to welcome this order.
Integrated Rail Plan: Northern Powerhouse Area
Baroness Randerson Excerpts(2 years, 4 months ago)
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Baroness Randerson (LD)
My Lords, I thank the noble Lord, Lord Berkeley, for initiating this debate. His indefatigable approach to all things transport always leaves me feeling slightly exhausted, because he brings so many things to our attention.
The integrated rail plan was announced only on 18 November, but already there are rumours of a U-turn. I want to wade straight in with a question to the Minister on the accuracy of recent reports in the Telegraph newspaper that the traction decarbonisation network strategy, the £30 billion plan to decarbonise the railways in the next 30 years, has been shelved. If that is even slightly true, how do the Government plan to deliver a net zero-emission rail network by 2050? As the noble Lord, Lord Birt, pointed out, we are already way behind other nations, not just in electrification but in the development of high-speed rail. How do the Government’s spending priorities in this respect stack up, when there appears to be a continued commitment to the £27 billion roads programme?
To say that the integrated rail plan went down like a lead balloon across most of the north and Midlands is an understatement. The headlines were of course about HS2 but the noble Lord, Lord Adonis, pointed out that HS2 was as much about capacity as it was about speed. By abandoning the grand plan and going instead for a patchwork of upgrades, the Government will be creating very little additional capacity. My noble friend Lord Beith has explained that issue. I am concerned about the lack of a cost-benefit analysis undertaken on these plans. Any rail upgrades carry a heavy burden of costs of disruption of existing infrastructure—not just to the railways but to the roads. The Great Western electrification, which took 10 years, involved the closure of the railway system at weekends and involved central Cardiff roads being closed for a year at a time to raise bridges, for example. The disruption was tremendous.
The blow to investment plans for northern cities, which have been based on the arrival of HS2, as the noble Baroness, Lady Blake, pointed out, is considerable. Birmingham has demonstrated the attraction of HS2 for investors. There was a major levelling-up opportunity. It has not just been missed; worse, it has been struck down when it was already under way.
There is hardly a reference in this document to freight. There is hardly an improvement at all to the situation at Bradford, the nation’s seventh-largest city, which has effectively been abandoned and left with appalling transport links. Once again, the Government are centralising power, thinking they know best, by taking power from Transport for the North and making decisions on behalf of the people of the north.
This plan is a disgrace, and it is no way forward for a nation that wants to hold its head up in the modern world.
Motor Vehicles (Driving Licences) (Amendment) (No. 5) Regulations 2021
Baroness Randerson Excerpts(2 years, 5 months ago)
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Baroness Randerson (LD)
My Lords, things are in a terrible mess on all fronts, are they not? The Department for Transport is an example of where problems seem to have got a bit out of hand. I thank the Minister for her explanation, but I find it no more satisfactory than the Secondary Legislation Scrutiny Committee did. That committee is not known for its extreme language, but its report is excoriating on these regulations. It refers, in a letter to the Leader of the House, to them being a particularly egregious example of departments failing to provide the required explanatory material in the required timescale. The Government’s defence, which the Minister has set out clearly today, is that this is an emergency measure. But, to be honest, that is surely stretching our credulity.
After years of warnings from the logistics industry, the Government have been panicked into taking steps to deal with the driver shortage. The Minister herself made it clear, on a previous occasion, that the shortage of drivers went back 10 years. She has told us on several occasions, and repeated it today, that the Government have taken 32 separate measures to tackle the problem. She also said recently that most of them were small, incremental steps that added up to an effective package. So if this measure were delayed because the required evidence of the road safety impact is not yet available, it would have only a marginal impact on the Government’s overall response. There is, therefore, no reason to cut corners.
This is, after all, a very indirect measure: it reduces standards and requirements for the drivers of non-HGV vehicles in order to free up spaces for the drivers of HGV vehicles. It was unacceptable, when these regulations originally came to the House, that the road safety impact had been ignored. It is doubly so now that they have had to be returned to us, because the Government have now had time to note the concerns expressed and do the necessary analysis. In previous debates on these regulations I have raised my concerns on safety, but what is more important is that I am reflecting the concerns of experts.
The B+E testing requirements were introduced in 1997, as a result of real safety concerns, on the basis of evidence. I am aware that the Minister is far too young to remember it, but there was a debate on the issue of road safety. Since then, our roads have become much busier; hence accidents will be more, not less, likely. The regime for B+E testing and training is being abandoned, with no meaningful replacement. The plan is to review it within three years, but that is far too long for something that is going ahead with no evidence at this stage. I urge the Minister that, at the very minimum, there should be a review after one year.
In the view of those in the haulage industry, it is simply wrong that someone can tow a trailer or caravan weighing up to 3,500 kilograms with no testing or training—and do so the day after they pass their driving test for a small car or van. Like the noble Lord, Lord Berkeley, I have just come from a meeting with Network Rail about bridge strikes. It is asking for more testing and training, not less; that is what it says its evidence requires.
The Government have abandoned the wealth of evidence, year after year, showing that new and novice drivers are far more likely to have accidents because of their inexperience. The insurance industry knows this, which is why new drivers are charged much higher premiums. The logistics organisations strongly oppose this change and regard it as irresponsible. Unlike the C+E change, it will be virtually impossible to reverse because new licences will be issued with the B+E qualification on them.
As noble Lords can imagine, the All-Party Parliamentary Group on Trailer and Towing Safety shares those concerns. Specifically, its concerns include, first, the lack of an impact assessment on road safety and, secondly, the statistics that it knows of. In the B+E test for car and trailer driving, pass rates suggest that there is consistently a fail rate of 30%, with 8,575 people failing the test in 2019-20. Under the proposed legislation, these drivers would be deemed qualified and able to tow a trailer immediately because they will not need to have taken a test. To the APPG’s mind, these proposals undermine the Government’s previous commitment to trailer safety and the campaign #towsafe4freddie, which it values. It shares the concern of the towing industry that this measure will have an impact on both safety standards and livelihoods because it will mean that a much broader range of people will be qualified for this sort of commercial work, which will undermine the qualifications and skills of those who have been through the test.
Even at this late stage, I urge the Minister to pause and think again. At the very least, I ask her to defer this until the department has done its own impact assessment and then reconsider in the light of that impact assessment. Better still, I urge her to abandon it because, by all logic, this cannot be good for road safety. It is really not worth the risks it creates. This is not about the usual topics of impact assessments. When we have impact assessments, we have fine calculations about how many pounds something will cost small businesses and so on; this impact assessment will be assessed in terms of lives.
We have a fundamental change creeping in, with inadequate evidence, under the guise of urgency. It is not really an urgent measure, because it will be permanent. We need legislation based on evidence. We have had enough of policy-making on the hoof; we need evidence-based policy-making. I urge the Government to give themselves a chance to get that evidence, to reconsider the matter, and to bring this back only if they genuinely feel that this will be safe.
Baroness Randerson (LD)
I thank the Minister for her detailed response but there are huge inconsistencies in it. I draw to her attention the fact that the Government appear to have a limited approach to relevant data. She talks about the difficulties in obtaining data, but we have firm data on both the number of people who fail this test every year and the number of new drivers who have accidents in the first year or two of their driving careers. There are other approaches that the Government could have taken, such as doing away with the test and saying that you must have two years’ driving experience before you can tow a trailer as large as this. Did the Government consider other approaches? They seem to have gone for the extreme, riskiest option rather than looking at other things, such as increasing the capacity of driving test centres.
Baroness Vere of Norbiton (Con)
This Government are increasing the capacity of driving test centres; it is one of the 32 interventions that we have already outlined. We could have put in a two-year requirement but that would not have achieved what we wanted because there is no reason why you would deny somebody who is a perfectly good driver, even though they have just passed their driving test, the chance to do the training and tow a heavy trailer. I am not sure that there would have been a good rationale for denying somebody that right when, quite frankly, old people like me can already drive a heavy trailer—and I have never been anywhere near any training. There are already inconsistencies in the system, so these regulations create a simple system that everybody can understand, with mitigations in place to ensure that it is as safe as possible.
Drivers’ Hours and Tachographs (Temporary Exceptions) (No. 4) Regulations 2021
Baroness Randerson Excerpts(2 years, 5 months ago)
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Earl Attlee (Con)
My Lords, in moving that the House annuls the Drivers’ Hours and Tachographs (Temporary Exceptions) (No. 4) Regulations 2021, I make it clear that I do not intend to test the opinion of the House. I remind the House that I have an interest, as I hold a C+E HGV driving licence and am a qualified HGV driving instructor, albeit somewhat out of date.
The House will be fully aware that we have faced a very serious shortage of HGV drivers, which has led in turn to petrol stations running out of fuel. There are obvious shortages of certain lines in our supermarkets and elsewhere, but these have been carefully managed by the industry to minimise the inconvenience to consumers. The good news is that, thanks to the efforts of my noble friend the Minister, the Commercial Motor magazine reports that the shortage is no longer deemed to be critical. Apparently, ONS statistics reveal that the number of HGV delivery drivers has increased from 233,000 in Q2 to 261,000 in Q3. It is reported that there are an extra 22,000 drivers aged between 45 and 65. There has also been an increase of 4,000 drivers over the age of 65 and past normal retirement age. We should congratulate my noble friend the Minister, who had the sense to write to every single HGV driver in the land—including me—asking them to come back to HGV driving.
In addition to the very slight relaxation to drivers’ hours provided by this and several other similar regulations, my noble friend has also altered some driving test requirements to free up more examiners for HGV testing. We have already debated these changes. I have no technical problem with the changes to drivers’ hours. My Motion refers to the serious underlying causes of the shortage, to which I will draw your Lordships attention. That is why I have tabled my Motion.
The first problem is now well known and concerns the lack of decent facilities for HGV drivers. This is part of what I said some time ago:
“This amendment concerns the provision of suitable rest facilities for drivers of commercial vehicles so that they can comply with the law and industry can attract and retain suitable drivers. The road transport and the bus industries are currently experiencing a shortage of drivers. Part of the cause may be the poor image and working conditions of the industry. In the past there were many establishments, collectively known as transport cafés, distributed along the trunk road network. Nowadays few survive and most have been turned into Little Chefs or Happy Eaters. Unfortunately, heavy commercial vehicle drivers are not welcome because their vehicles are large and their spend is modest in comparison with that of most car drivers.”—[Official Report, 26/7/00; col. 524.]
I went on to talk about the need for a shower at the end of a day’s driving. I made that speech 21 years ago in your Lordships’ House, so the problem is not a new one. By chance, I recently saw a cartoon in the November 1987 edition of Truck & Driver magazine. The caption was, “Well try finding a cafe round here that’s not been turned into a Little Chef”. It is a planning problem that has been around for a very long time.
In order to be granted a vocational driving licence, the applicant needs to pass a medical examination. This is vital to protect the public from the consequences of a driver being taken ill while driving. Noble Lords will recall the tragedy in Glasgow a few years ago, when six pedestrians were killed. Even before Covid-19 struck, GPs—including mine—have been very reluctant to undertake these medical examinations. For my penultimate examination, I had to go from my home near Petersfield to Maidstone in Kent to get an examination. It is obviously far from ideal for the examination to be undertaken by anyone other than the applicant’s GP, because he or she has the patient’s notes going back, often to birth. This was a factor in the Glasgow tragedy, and the tragedy was entirely avoidable if the GP had been involved.
A further issue can arise if the HGV driver experiences a medical problem. For instance, a few years ago, I needed to undergo an angiogram procedure. As a result of that procedure, my consultant cardiologist was able to assure me that I was fit and safe to drive an HGV. But the DVLA’s medical panel then took several months to reinstate my HGV entitlement. Apart from interfering with my leisure activities, it had no adverse effect on me. However, it may cause a commercial driver either to retrain or return to another trade. It is exceptionally unfair and there seems to be little that an ordinary HGV driver can do about it. Of course, I did not exercise any influence because, first, it would be improper, and also I wanted to see how it would work out for an ordinary HGV driver. I am told that the advice among drivers is not to tell the DVLA about medical conditions and just not to drive an HGV against the doctor’s advice. The poor performance of the medical panel is my noble friend’s ministerial responsibility.
A further difficulty concerns the investigation of serious road traffic collisions. These are extremely distressing for all concerned but, so far as I can see, the police are very slow to exonerate a driver when he or she appears to be blameless. This can result in unfair dismissal and difficulty in securing employment and motor insurance—yet another disincentive to being a professional HGV driver.
A commercial driver, in addition to having an HGV licence, must have a driver certificate of professional competence. Maintaining it requires 35 days of training every five years. I do not have a DCPC as I am exempt, and nor do another 70,000 group C+E drivers and yet another 70,000 group C licence holders. We do not have a shortage of HGV drivers at all, but a shortage of HGV drivers with a DCPC. The problem is that the training provided is not well regarded in the industry and many drivers let their DCPC run down and stop driving commercially. This has a serious adverse effect on part-time and occasional driving because it is not worth having a DCPC for that purpose.
We have left the EU. My noble friend the Minister could easily temporarily relax the requirement for a DCPC while she considers what is to replace it. That would still, in time, give her the corps of professional drivers that she rightly worked so hard to achieve, while the shortage of HGV drivers would be diminished in the short term.
I have banged on for many years about the licensing of goods vehicle operators. The system is still far from effective at eliminating rogue operators from the industry. These operators abuse drivers, force them to flagrantly breach drivers’ hours and give the industry a bad name.
HGV drivers are often despised, despite performing what we now recognise as a vital role in our economy. They are persecuted by traffic wardens when seeking to make a delivery and hounded by the DVSA over relatively trivial infringements of the drivers’ hours rules, while rogue operators are allowed to continue operating. They must frequently make very early starts to get our supplies delivered when and where we want them, which is simply not attractive to people coming into the industry. They also often have to defecate and urinate in the open due to lack of facilities. The staff at regional distribution centres have for decades been allowed to treat them badly for turning up a few minutes adrift from the planned schedule. The work is so unattractive that there are very few female HGV drivers.
My noble friend the Minister has correctly pointed out that many of the reasons why HGV driving is unattractive are down to the industry, and to an extent she is right. However, the two leading trade associations are not doing a first-class job for the industry as far as I can see, and some matters are not for the industry but for central government. I look forward to the Minister’s response. I beg to move.
Baroness Randerson (LD)
My Lords, I thank the noble Earl for ensuring that we have this important and very interesting debate. The reports of the Secondary Legislation Scrutiny Committee have been very wide-ranging in the points that they have raised relating to the series of legislation that has come through on drivers’ hours.
The first relaxation of hours was in December 2020 until 31 March 2021 and went from 90 hours per fortnight to 99, and from nine to 11 hours per day for a maximum of two days a week. I say to noble Lords: 11 hours a day of driving? The Minister is looking at me as if I have got the information wrong. I hope she will put me right later on.
The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
My Lords, I thank all noble Lords who have taken part in this short debate today, particularly the noble Earl, Lord Attlee, who has extensive knowledge of and expertise in this area. We are very grateful for his input. I will address the drivers’ hours issue first, as fully as I can, and then go on to discuss some of the other issues that have been raised.
Let me start by saying that we are absolutely committed to ensuring the welfare of drivers and protecting all road users, and we recognise that the long-standing drivers’ hours rules that are in place are critical to achieving these objectives. We have therefore deployed these relaxations with the utmost care. Safety is the key consideration, and there are four pillars to our thinking. First, safety must be considered with regard to the extent of the relaxations made. Secondly, we must protect drivers against any cumulative fatigue. Thirdly, it must be clear to the industry about when and how it should use these relaxations; we have published clear guidance on this. The last pillar is about the use of these relaxations.
First, on the extent of the relaxations, I apologise to the noble Baroness, Lady Randerson: I thought she was talking about the current SI—not the one before last—when she said 11 hours, because it is now 10 hours, as I am sure she knows. I was shaking my head when she said 11 hours because I thought we were talking about the current relaxation, not the one that expired many months ago.
The drivers’ hours relaxations are very limited; I think noble Lords will agree on that. No requirements of the rules, whether it be breaks during the day, daily and weekly rest periods, or weekly and fortnightly driving limits, have been removed. The rules have been relaxed in a limited and controlled way.
I will not go into the details of the relaxations, because noble Lords have mentioned them, so I assume that they are aware of them. But, of course, these two relaxations are underpinned by the requirements of the Road Transport (Working Time) Regulations 2005, which also limit drivers’ working hours to an average of 48 hours a week over a 17 to 26-week reference period. These regulations also limit drivers to a maximum of 60 hours in any given week, provided that the average is still 48 hours. These working time regulations provide the protection against cumulative fatigue, which is the second pillar we considered when putting the 2021 regulations into place.
The third pillar is the published guidance. We are absolutely clear about when and how these relaxations can be used. There has to be evidence of a detriment to the wider community, there must be a significant risk of a threat to human and/or animal welfare, and there must be confirmation from the haulier’s customers that these risks actually exist. Only then can the operator use the relaxation. Operators using the relaxation, or proposing to use it, must notify the department. The operator must also notify the department later on about whether it has used the relaxation or not. Of course, this assists with transparency, and we can check compliance.
Some noble Lords may feel that that is not enough and that perhaps we need more evidence of who is actually using these relaxations. As of July last year, there were 68,982 HGV operator licence holders in Great Britain, which rounds up to 69,000. In October, 141 operators submitted notification forms. So, that is 141 out of 69,000. Only 111 of those submitted forms to follow up with the department, and just 80—out of 69,000—actually used the relaxations. We are not hearing from industry that they are not using the relaxations because they are too complicated, or whatever. It is because the safeguards are in place and we have set those out in guidance, and we are absolutely clear on the circumstances in which these relaxations can be used. Therefore, I am content that they are being used in circumstances when it is really necessary to meet those criteria that we set out in guidance. So, let us face it, we are talking about very few drivers.
The noble Baroness, Lady Randerson, was concerned about this impression that the Government want to worsen conditions. I am not getting that from the industry. I think it recognises this very limited use of drivers’ hours extensions. We have acted really carefully, again within the guidance, to make it clear that transport managers should make sure that risk assessments have been carried out if they plan to use these relaxations at all. They must monitor and review where the relaxations are used; it must also be done in agreement with the workforce.
I believe there are sufficient safeguards. I hear from HGV drivers quite a lot, and I am not hearing anybody, as yet, say to me that they are being forced to work extended hours owing to these relaxations. Maybe I will get a flurry of emails tomorrow—something tells me I probably will not.
The noble Lord, Lord Rosser, asked about the evidence of incidents. I think the noble Baroness, Lady Randerson, was aghast that the Department for Transport does not have up-to-date, real-time information about incidents on the roads. That is because the data is collected by the police and not the department. The data from one year goes through a series of checks and is usually delivered annually from the police to the department midway through the following year. We are not hearing from the police that there is a flurry of serious incidents with HGV drivers. That is a good thing. None of us wants to see incidents on our roads, and I believe that the protections are in place to ensure that they do not happen.
We must come to the very important issue of enforcements and the oft-quoted figure of 27% in the SLSC report. I think it is terrible too; I cannot agree with your Lordships more. It would be an astonishingly bad figure if it were representative of the sector as a whole—which it is not. I had the privilege of visiting the DVSA on Friday. I chatted to a group of enforcement people, who showed me some of the really bad stuff that goes on out there: drivers’ hours, wheel nuts—we have some very strange configurations of wheel nuts—and all sorts of things which are really bad. I was shocked; I congratulated them on their work and encouraged them to continue with great vigour. Then they showed me their pièce de résistance, which they have had for about 18 months.
They have access to all the ANPR cameras in the country, and they basically track all trucks, which is very cool. As they track all the trucks, they look at which ones to target on the basis of the intelligence they have coming through and what has happened before. In that 27%, there has already been a great big screening of all the trucks wafting around British roads, and they are the ones that have been targeted by the intelligence coming out of the fantastic work the DVSA does—not only the intelligence it gets from industry but the operator compliance risk score, which I am sure noble Lords are well aware of. They can do it in real time; they can see a truck driving up the road, and if it has a little red flag by it, they can send a car out, stop it and enforce it.
The other issue to note, which is regrettable, is that overseas operators make up a large proportion of non-compliance on UK roads. That is very disappointing, and we will need to look at it more closely. Between 12 August and 31 October, the DVSA undertook 111 checks against operators that had notified the department of their intent to use the relaxations; 58 offences for drivers’ hours were identified, of which only 12 related to the relaxed rules—this is the important bit, which certainly goes back to what my noble friend Lord Attlee was saying—and none was sufficiently serious to warrant a fixed penalty. To be honest, if it is five minutes, it is probably not worthy of a fixed penalty.
I reassure my noble friend that the Government are aware that we do not want to victimise HGV drivers for very small infringements, and that it must be sufficiently serious to warrant a fixed penalty. That does not mean we want to give them an easy ride, but we understand that, sometimes, for a few minutes it might be impossible to stop, for whatever reason. In general, though, that enforcement record is pretty good.
I hope I have been able to convince noble Lords of the thinking behind these relaxations. The noble Lord asked whether we would extend them. That is not currently our intention, although of course we are looking at the data very carefully as we head through and past the Christmas period.
Now I can come on to some good news. I am sure that noble Lords will have spotted today that there is some good news coming out of the sector. My 32 different actions, which the noble Lord, Lord Rosser, is so fond of mentioning, are working, which is brilliant. Logistics UK, one of the large representative bodies, has come out today with a report showing that people are returning to the industry, if they had previously left. We also know from DVLA data that it is pumping through 4,200 applications a day—we have thrown an awful lot of resources at that.
We are looking at the lack of facilities, which is something that we take very seriously. We have completed the tender for a report reviewing parking and facilities countrywide. We have a £32.5 million pot of funding that we can use to encourage the private sector to improve facilities and set up new ones. I would like to share with noble Lords that I had a really good ministerial trip on Friday: I went to open the Ashford international truck stop and, my word, it is amazing. It sets a really high standard. I encourage all private companies and operators that have truck stops to go and look at Ashford because those in charge have done a lot of thinking about what drivers need. It is a class site, with 600 HGV parking spaces available. Now we have to think about how we either improve lots of existing sites or find places for new ones, because noble Lords will recognise that there are issues with planning.
I will finish with a couple of other issues. On medical examinations, we have set out plans to widen the pool of registered healthcare professionals who do DVLA medical questionnaires, which should help. We are also working with GPs to make sure that routine medicals are restarted.
We have launched a review to look at ways of streamlining driver CPC. My noble friend said that it would be easy to relax it—I wish it were. We cannot even suspend it, as it would take primary legislation to do so. However, we believe that ongoing professional training is a valid part of an HGV driver’s life so we are looking at reviewing how to make that better. Randomly saying that you must have 35 hours does not seem the best way of making sure that HGV drivers are up to speed with the regulations.
As I said on Friday, if we do not look after them then they will not look after us, so we need to look after them and the Government are doing that. We are working very closely with the industry. Hopefully, next year we will have a hugely impactful year of logistics. We will make sure that people understand that HGV driving is a good career that we want people to come into. The Government are doing everything that we can to improve the situation, but we recognise that, at the end of the day, this is a private sector and we must support this private sector in doing what it does best.
Baroness Randerson (LD)
My Lords, I am interested in the Minister’s visit to the DVSA and her comment that a large percentage of the drivers not obeying the rules work for foreign operators. Is that not rather at variance with the Government’s decision to relax the rules on cabotage for foreign operators? Is that not a risky decision?
Electric Vehicles (Smart Charge Points) Regulations 2021
Baroness Randerson Excerpts(2 years, 5 months ago)
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Baroness McIntosh of Pickering (Con)
My noble friend will be aware that there are very few charging points across the north of England. There is also still a catastrophic power outage in parts of the north-east of England. Will she reassure the House this afternoon that there are absolutely no plans in the foreseeable future that any public service vehicles, such as buses, ambulances or fire engines, will switch to electric engines any time soon in the north-east of England?
Baroness Randerson (LD)
I add to the excellent comments already made that there is an overriding concern among EV owners about whether you are safely going to get to the end of your long journey. You have none of those concerns if you are in a petrol or diesel car; you know that you will be able to refill your car. If you are in an EV, not only do you have the uncertainty as to whether the charge point will fit or will work, you also have to stand out in the rain in the corner of a motorway services feeling insecure.