Open Skies Agreement (Membership) Bill [HL]

Baroness Randerson Excerpts

2nd reading (Hansard): House of Lords
Friday 26th January 2018 Lords Chamber

Moved by

[Baroness Randerson]

That the Bill be now read a second time.

[Baroness Randerson (LD)]

My Lords, I thank noble Lords who have agreed to take part in this debate today. I embark on the Second Reading of this Bill in the absence of a government commitment to emphasise the importance of the United Kingdom’s retention of the open skies agreement following EU withdrawal. Open skies is one of a suite of aviation-related issues that the Government need urgently to address. Others include the European Aviation Safety Agency the need for the free movement of skilled staff into and out of mainland Europe and UK border arrangements, with potential delays for both passengers and goods.

Since 1994, any EU airline has been free to fly between any two points in Europe, fuelling the rise of low-cost airlines and drastically reducing prices along existing routes. The UK has been at the forefront of these changes, creating an integrated aviation market with Europe. It is important to emphasise that much of the UK’s market access beyond the EU is also dependent upon our EU membership. For instance, our open skies agreement with the USA is simply by virtue of being an EU member. Signed in 2007, the EU-US Air Transport Agreement allows flights from any EU country to any part of the USA. It introduced closer regulatory co-operation and provides equal market access for any EU carrier. In 2011, Norway and Iceland acceded to the agreement too. Indeed, it was the US airlines that first alerted me to the international concern that the UK might end up in a position where our planes cannot fly.

The USA is our biggest trading partner outside the EU, but the EU, and hence the UK, also has similar agreements with a number of other countries, including Canada, Israel, Jordan, Georgia, Moldova and Morocco. At present, the UK has the third-largest aviation network in the world, carrying 144 million passengers and 1 million tonnes of cargo in 2015 alone. It is worth £52 billion annually to our national income.

Aviation is an enabler of economic growth and a creator of jobs. People use airlines to get somewhere, to do something and to transport goods. Without daily flights, the economy would stall and the whole system would freeze. Commercial airlines have revolutionised the way in which we travel and how we view the rest of the world. This is a case of seeing the world not just as a market but as a community. When we emphasise the importance of aviation to business, we need to remember the significance of travel for leisure and to reunite families. Even at Heathrow, our premier business hub, 60% of flights are for leisure and family-and-friends travel.

Open skies agreements between countries eliminate the use of government restrictions on commercial air carrier services, such as controls on capacity and pricing, giving carriers the ability to provide convenient and affordable air services. They give airlines the right to fly across the world. Prior to this, each country enforced control over its territorial boundaries with air, land and sea defences. An aircraft could be apprehended or even shot down if it did not obtain prior consent to fly over an area. I am not anticipating a return to that situation, but that emphasises the importance of these arrangements—and, indeed, how far we have come.

Brexit threatens to throw the industry’s intricate arrangement of routes and ownership structures into chaos. The open skies agreement referred to in the Bill comprises two components: the intra-European arrangement between us and other member states and the agreement between the EU and the US. Almost all flights in and out of the UK are governed under one of those agreements. If the Government truly want Britain to be “open for business”, the industry needs now to be assured that it will not be disadvantaged by the impact of Brexit.

The low-cost, short-haul sector of the aviation industry, including the airlines Ryanair and easyJet, have repeatedly called on the Government for those assurances. The current agreements have been the catalyst for the successes of budget airlines over the past 20 years. easyJet, for instance, holds an operating licence in the UK but relies on intra-European flights for more than 40% of its revenue, and continues ambitiously to expand its network of routes connecting Europe.

Twice in July last year, the Prime Minister and her Transport Secretary stated in Parliament that they had held discussions with their US counterparts on the issue of open skies, but still no assurances were forthcoming. In this case, there is no fallback position, no safety net, no World Trade Organization rules. This issue will not go away, because aviation agreements stand outside EU rules on membership. On the contrary, it is the issue of greatest urgency, because so much of our economy rests on the shoulders of the aviation industry. If you cannot fly, you cannot trade. It has to be fixed first.

If work is taking place on this just a few hundred metres away in Whitehall, why not set our minds at ease? This week, the Secretary of State gave a speech to airline operators. I know that the Minister was there, as was I. He said that,

“discussions on replacing these arrangements have begun and are progressing well. We will be meeting US officials for a further round of talks in the coming weeks”.

I hope that the Minister will share some more detail with us on this today, and place on record exactly the Government’s intentions. I would also welcome information on progress in talks with other third countries, such as Canada.

A recent EU Commission document sets out the options for the future. It looks at both the transition phase and the long-term situation and provides options for deal or no deal. It spells out, in technical terms, a picture of the limited rights and muffled voice we will have on issues such as market access and safety if the current arrangements do not continue. Evidence to the EU sub-committee, of which I am a member, even suggested that we might have to fall back on the elderly Bermuda II agreement in the event of no deal.

If the UK is to go it alone successfully, we must seek to retain the aviation rights which we were awarded as a member of the EU. The clock is ticking. Tickets for package holidays are already being sold for spring 2019, on the assumption that a deal will be in place. Airlines sell tickets a year ahead; tour operators up to 18 months ahead. They need the public reassurance that only the Government can provide. The nearer we get to March 2019, the more their customers will want certainty about the product they are buying. If an agreement is not reached, even transitorily, there would obviously be huge economic disruption. These agreements are fundamental to the travel of millions of passengers and the movement of billions of pounds of freight, while keeping the cost of air travel affordable for ordinary people.

My intention is as succinct as the Bill itself: to gain a clear commitment from the Government that the UK’s membership of the open skies agreement will be maintained, or that a new agreement on the same terms will be reached prior to Brexit, not just with the US but with the remaining EU states and with other third countries with which we already have agreements. This would ensure the future prosperity of the aviation industry and the country. I beg to move.

--- Later in debate ---

[Baroness Randerson]

My Lords, I thank all noble Lords who have spoken in this debate. My noble friend Lord McNally, in his inimitable manner, evoked Peter Sellers. I certainly cannot apply what I am about to say to everyone who has spoken today, but I remember Peter Sellers and I also remember that in those days—prior to the open skies agreement—we had restrictive ownership and a very limited concept of international travel. It is difficult to imagine those days if you did not live through them. The noble Lord, Lord Snape, emphasised with his quotation about the price of travel to Tenerife exactly how prices have benefited consumers in between. We now take for granted a simple, cheap and straightforward system of international flights. It has transformed not just our holidays but the way in which we live.

My noble friend Lord Paddick talked about the Government’s chaotic approach. Every time I feel myself being reassured by soothing words from the Government, up pops the Foreign Secretary or one of his allies—a “friend” or “close acquaintance” of the Foreign Secretary—to remind us that the Government do not agree with themselves about where we are going on this issue, let alone agree with the EU or those of us in opposition parties. So, despite good intentions, aviation could easily be the victim of a problem at the last minute.

My noble friend Lord Purvis charted the phenomenal growth of the aviation market and pointed out that membership of EASA crosses the Government’s own red line. With the outline that the Minister has given of the Government’s intentions on EASA, at the very best we will go from a leading role to a walk-on part, and that is very regrettable.

The noble Baroness, Lady Hayter, emphasised the urgency of the problem very effectively. There is of course a huge issue with consumer rights and legislation from the EU on delays, which gives consumers rights that people take for granted now. The Minister answered with some detail, which I will read with great care. She is always helpful within the scope of what she is allowed to say on the Government’s position on these negotiations. But I say to her that representatives of the industry first talked to me about the urgency in late 2016, and that I raised it first here at that time. Minister, the urgency has become very urgent.

We appreciate the importance of continued agreements and the Government’s efforts to devise ways round this but the Minister has emphasised how long it would take, or how difficult it would be, to get agreement across 27 countries and other partners. That says a lot about the complexity of the Government’s situation and how easily things could fall apart. I will comment briefly that the Commission’s paper is actually technical. It is not a rhetorical paper but a technical paper. The deals I refer to in the Bill are particularly beneficial to areas outside London. If we were forced to fall back on the Bermuda agreements of 1946 and 1977—which is another world in aviation terms—we would have to accept a restricted number of airlines and flights into London only.

There are probably ways around this issue, but I am still not convinced that the Government have the key to finding them. They face so many pressing issues on the Brexit process that there is a real danger that one of the eggs will be dropped, and I do not want it to be aviation. It is a hugely important industry across Britain. We should aim to be part of the European common aviation area. Whatever happens, we need to remain as close as possible to the current situation. Whatever caused people to vote for Brexit, they certainly did not vote for more expensive flights or more restrictive rules on travel, so it is essential that the Government take the lead and develop a sense of true urgency. I ask the House to give this Bill a Second Reading.

Bill read a second time and committed to a Committee of the Whole House.

Laser Misuse (Vehicles) Bill [HL]

Baroness Randerson Excerpts

Committee: 1st sitting (Hansard): House of Lords
Tuesday 23rd January 2018 Lords Chamber

Moved by

[Baroness Randerson]

2: Clause 1, page 1, line 4, leave out from “journey,” to end of line 6 and insert “or
(b) the person shines or directs a laser beam at a building used to control vehicle traffic.”

[Baroness Randerson (LD)]

My Lords, the amendments in this group all tackle the need to include aircraft control towers within the ambit of the Bill. This is something that I raised at Second Reading. Control towers obviously play a vital part in ensuring the safety of planes, and I am glad that when I and other noble Lords raised this at Second Reading the Minister appeared to take our concerns to heart.

This issue is of serious concern to BALPA, and with good reason: since May 2013, 13 laser attacks on control towers in Britain have been recorded under the mandatory occurrence reporting scheme. In the year 2013 alone there were eight incidents. These attacks are widespread: two in Liverpool, one in Coventry, two in Manchester, two in Luton, one in Jersey, one at Heathrow, one in Bristol, one in Cardiff, one in Edinburgh and one in Birmingham. It is worth noting that one case, at East Midlands Airport, was so severe that it led to the air traffic controller concerned having to take an unplanned break. Noble Lords familiar with rostering in control towers will realise that that is disruptive and could undermine safety, as controllers have carefully timed breaks to ensure that they are always fully attentive and alert. Someone having to cover an extra unexpected shift might already be tired.

Your Lordships will note from the list that I read out that, unlike drone incidents, laser incidents are not concentrated largely in London. Smaller airports are equally affected, maybe because control towers are more easily visible and accessible than that, for example, at Heathrow.

Amendments 2, 6 and 8 widen the Bill to include a building to control vehicle traffic, and Amendment 2 removes from the Bill the stipulation that the laser must dazzle or distract, or be likely to dazzle or distract. This may still be difficult to prove. I have taken on board information from the police, who have found it difficult to enforce the current legislation, and sought to widen the provision as much as possible. I notice that the amendments tabled by the noble Lords, Lord Tunnicliffe and Lord Monks, cover much the same issues.

I very much hope that the Minister will be able to give us a positive response on both these issues: the inclusion of control towers and simplifying and broadening the offence so that shining the beam at a control tower is sufficient to be considered an offence. I beg to move.

[The Deputy Chairman of Committees (Lord Palmer of Childs Hill) (LD)]

I need at this stage to mention that I cannot call Amendments 3 or 4 because of pre-emption if this amendment is agreed.

--- Later in debate ---

I hope noble Lords will be assured that we are listening to the important points that they have raised and that we are actively looking to find the most sensible solution to deal with this issue, but it is important that this is considered carefully and that we get it right. I hope noble Lords will be reassured and will not press their amendments at this stage.

[Baroness Randerson]

My Lords, I thank the Minister for what is overall a very positive response. However, I make one further point about removing a reference to “dazzle or distract”. I understand the viewpoint, but the reality is that lasers are so frequently mislabelled that those using them to shine them at control towers cannot have any real idea about how strong the beam is and, therefore, how dangerous it is. I say that because, in pursuit of more information for this Bill, I trolled through online records for various countries and there is a shockingly high level of mislabelling. Some studies in Australia showed that well over 50% of lasers are wrongly labelled. That is an issue that I shall come back to later. The point is that someone standing near a control tower and shining a beam at it has to my mind at the least an intention of some sort of mischief, and really has no sure knowledge how dangerous the laser that they are holding is likely to be. I urge the Minister to think on that.

Having said that, I welcome the wide consultation that she is undertaking in relation to these amendments. In view of that, I shall certainly not press them. I beg leave to withdraw Amendment 2.

Amendment 2 withdrawn.

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[Lord Monks]

My Lords, I tabled this amendment because we know from the evidence that we have been able to discern in this area that many of the perpetrators of the misuse of laser pointers are children and young people. They have seen “Star Wars” and lots of other sci-fi blockbusters; they have played computer games where lasers of one form or another are the weapons of choice of many of the protagonists; and they are fascinated by the power of the new technology. Items such as these, although still quite pricey, come to hand relatively easily and are getting cheaper and are more readily available.

Picking on vehicle drivers, especially pilots, seems to be the fashion at the moment. With this amendment, I seek to stress the responsibility of parents and other adults who buy laser pointers as presents for their children, and to send a message that it is not acceptable to then allow them to proceed unsupervised around the neighbourhood. Lasers are very dangerous for children to have and very dangerous to pilots and other vehicle drivers, such as train drivers.

I raise this issue in the context of the Bill to send a firm message to adults that they have responsibilities. I know that the question of the extent to which children or their parents are responsible for things is a tangled area, but it seems to me that I have the balance about right. The amendment proposes to set out that parents have responsibilities in this area and that they cannot wash their hands of incidents involving children for whom they are responsible.

[Baroness Randerson]

My Lords, I was pleased to add my name in support of the amendment of the noble Lord, Lord Monks. As he said, the age profile of offenders tends to be quite young and the amendment reflects the fact that young people are often unaware of the danger and gravity of what they are doing. I made the point earlier today that the fact that lasers are often mislabelled emphasises that it is difficult for people to know the strength of the laser they are using.

The Minister wrote to me in response to points I raised at Second Reading and pointed out that lasers are often bought by young people and children on holiday abroad, and that this is frequently the way in which they come into the country. This emphasises the importance of the underlying points the amendment seeks to make—the issue of parental responsibility and the importance of educating parents in the dangers of lasers. In that way we will educate generations of young children.

[Lord Tunnicliffe]

While I have some sympathy with the general direction of the amendment, it touches on a massive subject—the extent to which parents are responsible for the criminal activities of their children. I worry about such a difficult concept being part of this Bill. If there is a problem here, I hope the Government will take this issue away, look at the generality of the relationship between parents and the criminal behaviour of their children and solve it in a wider context than this Bill. I await further discussion on Report before we take a final view.

--- Later in debate ---

Moved by

[Baroness Randerson]

16: After Clause 1, insert the following new Clause—
“Report on laser misuse following the passing of this Act
(1) The Secretary of State must carry out an assessment of the misuse of lasers with regard to vehicles in the year following this Act coming into force.(2) This assessment must make reference to the following—(a) whether the number of instances of a person shining or directing a laser beam at a vehicle has significantly decreased in the year following this Act coming into force; and(b) what steps could be taken to further reduce the danger that the misuse of lasers poses to vehicles.(3) The Secretary of State must lay a report of the assessment under this section before both Houses of Parliament one year after this Act comes into force.”

[Baroness Randerson]

My Lords, this Bill is remarkably narrow in its scope—very much more so than its predecessor, the Vehicle Technology and Aviation Bill, which fell at the time of the general election. I regard this as a great pity as the Government are missing an opportunity to take a comprehensive look at this issue. Instead, they are making two discrete stabs in the right direction, here in this Bill and in their proposals in the Trade Bill, to limit the sale of the most powerful lasers. This amendment is designed to highlight the opportunity that the Government have missed to take a number of additional steps to reduce the danger that lasers pose not only to vehicle users but to the wider safety of the general public.

At Second Reading a number of possible measures were suggested by noble Lords, including restricting the sale of lasers, introducing a licensing system, classing lasers as offensive weapons in certain circumstances as we do with knives, and imposing penalties for mislabelling. All of these would make it harder for individuals to acquire, knowingly or unknowingly, potentially dangerous lasers. I thank the Minister for her letter explaining why she believes that licensing, for example, would not work. She states specifically:

“When licensing systems were established in New Zealand and Australia the evidence gathered showed that licensing regime has not reduced laser attacks”.


I find that rather surprising because the statistics for Australia show that the number of laser incidents between 2013 and 2015 actually fell from 667 to 502. That is not an amazing reduction, but the Minister herself said in her speech at Second Reading that in the UK in 2008 there were only 200 incidents while in 2017 there were 1,200. That is a vast increase in the number of incidents in Britain while they are being contained and even trimmed a little in Australia. At a time when lasers are becoming increasingly available and increasingly powerful, I would argue that controlling the growth in the number of incidents is in itself a sign of success.

Australia has the most stringent control system in the world and it illustrates how complex the problem is and how multifaceted the Government’s response needs to be. Disappointingly, if I may use a rather inappropriate metaphor, there seems to be only one arrow in the Government’s quiver in this Bill. The Australian experience shows that labelling requirements are flouted very frequently. I have already mentioned one study which showed that more than 50% of the lasers labelled as 1 milliwatt or less were in fact more powerful. In one case, the laser was 127 times more powerful. Increasing the likelihood of examination and detection as these lasers are imported into the country is therefore very important indeed.

At Second Reading I questioned the Minister about the support being planned for local authority ports and border teams as well as trading standards officers, to enable them to detect mislabelled lasers. The Minister responded to this in her letter to me and referred to government co-ordination but made absolutely no reference to the extra money or resources which are so badly needed by these hard-pressed teams. We also discussed advertising. The Minister pointed out in her letter that in the UK there is little in the way of actual advertising for lasers, but I would urge her to consider another sort of advertising; that is, the need for the Government themselves to issue public information advertisements, probably aimed primarily at parents, to raise awareness of the danger of lasers. I am disappointed that the Government yet again seem to be relying on the market to rule and ignoring the need for a comprehensive package of measures.

I tried to draft several amendments to tackle the issues I have raised. They were all ruled to be out of scope because the Bill is very narrow. I have fallen back, unashamedly, on the need for the Government to report on the effectiveness of the measures in the Bill within a year of it passing to force the Government to take a more comprehensive look if the measures in the Bill do not prove effective in creating a considerable reduction in the incidence of laser attacks. I beg to move.

[Lord Trefgarne]

My Lords, I am slightly surprised that the noble Baroness got this one past the clerks. Be that as it may, the advice of the clerks is the advice of the clerks and that is that. She did get it past them, but this sort of thing seems outside the scope of the Bill and the Long Title as I read it. I hope that she will not press it.

[Baroness Sugg]

My Lords, the Government keep safety across all modes of transport under constant review and, along with industry, are always looking at ways in which we can mitigate risks to safety. The risk posed by the misuse of lasers is no exception. I assure the noble Baroness, Lady Randerson, that we will continue to work with the police, regulators and other stakeholders, including the UK Laser Working Group, to monitor the number of instances of a person shining or directing a laser beam at a vehicle and look at what other steps can be taken, including raising public awareness and using evolving technology, to mitigate the impact that a laser attack has on a person in control of vehicles.

In addition to what we are proposing in the Bill, the Department for Business, Energy and Industrial Strategy has announced new measures to tackle the sale of unsafe laser pointers, which I hope will reduce the number of instances of laser misuse on transport. Much of this will be a matter for the newly created Office for Product Safety and Standards to consider. Announced on Sunday, it will be a national body to further enhance the UK’s product safety system and provide support at a local level. I have already mentioned the education programme. We believe that the very introduction of the Bill will raise awareness of the dangers that lasers pose. The noble Baroness points out that the Bill’s scope is very narrow. That is indeed the case. As I said, BEIS has recently published its response to its call for evidence. The new Office for Product Safety and Standards should help.

We will follow the usual post-legislative scrutiny guidance and submit a memorandum, published as a Command Paper, to the House of Commons Transport Select Committee within five years after Royal Assent. The memorandum will include a preliminary assessment of how the Act has worked in practice. The one year that the noble Baroness proposes in her amendment may not be enough time to properly assess the full impact of a new criminal offence and the other measures I have mentioned. As I said, we will of course be keeping this under constant review. I hope that my reassurances will satisfy the noble Baroness and that she will withdraw her amendment.

[Baroness Randerson]

I thank the Minister for that. For the sake of clarity for the noble Lord, Lord Trefgarne, I thought I had indicated—possibly it is because I am trying to use as few words as possible today—that I understand entirely why my proposed amendments were ruled out of order. It is because the Bill is very narrowly drafted. However, I did discuss the issue in order to see whether it is possible to have this discussion in some other way. I was reassured to hear that the Minister is consulting widely on the issues associated with the Bill, as well as by the creation of the Office for Product Safety and Standards and the five-year review. I am satisfied that she has taken on board and will continue to take on board the issues I have raised and with that I am content to withdraw my amendment.

Amendment 16 withdrawn.

Brexit: Aviation Safety Regime

Baroness Randerson Excerpts

Wednesday 17th January 2018 Lords Chamber

[Baroness Sugg]

My noble friend is absolutely right. The UK has been very successful in securing a leading supply chain role globally, particularly with Airbus. The industry supports 128,000 direct jobs and 153,000 indirect jobs across the country. Of course, we must do all we can to ensure that we protect these jobs, and the industry. Globally integrated supply chains are mutually beneficial to us and our import and export partners, and it is in all our interests to ensure that trade continues.

[Baroness Randerson (LD)]

Does the Minister accept that the creation of any additional regulatory barrier or dual regulations would undermine UK competitiveness, as well as the continuous improvement in safety? Does she agree that continued membership of EASA is by far the simplest way of achieving this?

[Baroness Sugg]

My Lords, I agree that we need to keep regulation as low as possible. Continued membership of EASA is a possibility and we are actively considering it. The UK has a proud record in the aerospace sector and a number of distinct advantages, and will continue to do so after we leave the European Union.

Rail Franchises: Govia Thameslink

Baroness Randerson Excerpts

Tuesday 16th January 2018 Lords Chamber

Asked by

[Baroness Randerson]

To ask Her Majesty’s Government what action they are taking to ensure improvements in the performance of rail franchises run by Govia Thameslink Railway.

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

My Lords, passengers on this route have not had the level of service they expect or deserve, and we are sorry to them for the disruption that has been caused. We are working closely with Govia Thameslink Railway and Network Rail to deliver a better service to passengers through a range of actions. We have invested £300 million for Network Rail to improve infrastructure resilience, and agreed a £13.4 million package with GTR to pay for key passenger improvements.

--- Later in debate ---

[Baroness Randerson (LD)]

Last week’s NAO report is a woeful catalogue of government errors, including the failure to assess the impact of potential industrial action, the failure to ensure enough drivers and a contract structure with no incentive to avoid strike action. The £13.4 million financial settlement the Minister just mentioned is judged by the NAO to remove the incentive for Govia Thameslink to improve. In the light of that judgment, can the Minister explain how and why things will now improve? Can she promise us that passengers’ interests will be put absolutely at the centre in future franchises?

[Baroness Sugg]

My Lords, we broadly accept the recommendations of the NAO report. We accept we have made mistakes and are learning lessons. I assure the noble Baroness that we will put passengers at the forefront in our future franchising decisions. We are listening to passengers and acting on what they tell us. We are opening public consultations as part of the franchising process and will use the responses to inform our decisions.

Pollution: Vehicle Emissions

Baroness Randerson Excerpts

Monday 15th January 2018 Lords Chamber

[Baroness Sugg]

My Lords, vehicle excise duty was reformed on 1 April 2017 in order to make it fairer to motorists, to strengthen the incentives to buy the cleanest cars and to ensure that those who can afford a premium vehicle pay more. To encourage manufacturers to bring the next generation of diesels to the market quicker, we have introduced a temporary levy on diesel cars.

[Baroness Randerson (LD)]

My Lords, the Government are being sued for the third time over the failure of their plans to tackle the air quality issue as fast as possible. The current plan requires no action in 45 of the local authorities that have identified illegal levels of air pollution. Does the Minister accept that every local authority with air pollution problems should be required to take urgent action to reduce the pollution caused by traffic?

[Baroness Sugg]

I agree that every local authority must do what it can to reduce pollution caused by traffic. The noble Baroness is right that although we meet the vast majority of targets, we are one of 17 EU member states that are not meeting the nitrogen dioxide limits. The main reason for that is the lower than expected reduction in emissions from diesel vehicles. We have a plan for tackling the roadside nitrogen dioxide concentrations, which we published last year, and have issued directives to 28 local authorities outside London. They are already drawing on the £255 million fund which we have made available to try to bring improvements as quickly as possible.

Local Congestion: Investment

Baroness Randerson Excerpts

Wednesday 10th January 2018 Lords Chamber

[Baroness Sugg]

I am sorry: I missed the question. Perhaps my noble friend could repeat it.

[Baroness Randerson (LD)]

My Lords, there is a virtually permanent traffic jam on the A49 in Hereford. This is a vital route between north and south Wales and into the Midlands. Thousands of Hereford residents, as a result of the traffic jam, suffer dangerously poor air quality from the permanent congestion. Hereford Council has a well-worked out plan, which would involve regeneration, for a bypass. Does the Minister agree that this should be a top priority for the funding that the Government have offered for local councils?

[Baroness Sugg]

My Lords, I agree absolutely that the funding we are making available should address exactly the problem raised by the noble Baroness. As I have said, the major road network would fit that requirement.

Laser Misuse (Vehicles) Bill [HL]

Baroness Randerson Excerpts

2nd reading (Hansard): House of Lords
Tuesday 9th January 2018 Lords Chamber

[Baroness Randerson (LD)]

My Lords, like other noble Lords I welcome this Bill and the other announcements made yesterday by the Government. This is another example of an issue created by modern technology and, as is so often the case, the Government have struggled to keep up with the development of that technology. Once again, we certainly will support the Bill as far as it goes, but we believe that the Government need a more comprehensive approach to this problem. My thoughts chime very closely with those of the noble Lord, Lord Kirkhope, on this issue.

This is certainly a substantial problem, and the Minister has outlined that problem in statistical terms and correctly identified that there is underreporting of these incidents—probably greater underreporting in the case of trains than planes because it is not yet an offence to shine a laser at a train. Although this is already an offence in the case of planes, I agree with other noble Lords that the penalties are not adequate, and that these offences are not easily dealt with by the police because of the need to determine intent. The existing fine is not adequate either. When you look at the potential to cause an accident involving hundreds of people, a maximum fine of £2,500 is certainly not adequate.

We welcome the wide meaning of the term “vehicle” in the Bill. It is easy to appreciate that a laser pointed directly at a motorist is just as likely to cause an accident as one pointed at an airplane pilot, although not one involving as many people. As the power of lasers increases and the beams widen, the problem will only get worse. In the case of planes, the standard response that the co-pilot can take over is not necessarily workable. I agree with the comment about control towers and whether they should be included in the Bill: in other words, should “vehicle” also include control towers?

Many thousands of these laser pointers are already on the market and in people’s homes. Many of them are mislabelled with no health and safety warnings and in many cases are owned by people who do not understand the dangers they pose. A friend told me recently that her grandchildren were given laser pens as Christmas stocking-filler gifts. Their immediate reaction was to point them at each other. Fortunately, their parents understood the dangers posed by those pens, and the well-meaning relative who gave them as gifts was gently given the information she needed to avoid making such a mistake again. However, there are over 150 recorded instances of eye damage caused by lasers, most of them to children. Earlier this week, I saw on television a young boy whose eye had been damaged by a laser pen. Lasers pose a danger not just to those in charge of vehicles but to people’s health.

I believe that the potential power of lasers nowadays means that it is time for us to consider treating them as offensive weapons, as BALPA suggests. The noble Lord, Lord Kirkhope, drew an analogy with knives. We all own and use knives. However, we accept that clearly set-out criminal offences apply if they are carried or used for criminal, illegal or threatening purposes. The number of people who legitimately need to use or own a laser is very much smaller than those who need to own a knife—we all do—so the problem should be much easier to deal with. In fact, the number is so small that it is reasonable to suggest that those who need to own a laser should be licensed. This proposal was put forward as a policy option by the Government in their call for evidence last August, but was not included in yesterday’s announcement. Therefore, I ask the Minister: why was it not included, as I believe that licensing is used in some other countries?

I welcome yesterday’s announcement, as I said, as at least a start on a comprehensive approach, but it was a limited start. I say to the Minister that the market simply will not fix this issue. I rather suspect that when the Government say that they will support local authority teams to carry out increased checks at the border, they probably mean that they will provide some advice and not provide a big increase in money or resources, which is what they really need. I am also sceptical that working with manufacturers, as the Government suggest, and with retailers, will deal effectively with the problem end of this market—and it is a market with a very long tail. To detect small, easily shipped and cheaply purchased lasers, many of them bought online, is a complex problem that needs a bold and comprehensive approach.

Last August, the Government also consulted on banning adverts for high-powered lasers and on the potential for a social media campaign. Can the Minister explain why these options are apparently not being pursued at this moment? What will the Government do to ensure that labelling is accurate and to penalise manufacturers and retailers who sell mislabelled products?

Finally, I take this opportunity to press the Minister again on the issue of drones, which are clearly not tackled by the Bill. There are so many similarities between lasers and drones. They are both modern technology with a legitimate use, which in the wrong hands can become dangerous weapons. They are uncontrolled modern technology at this time, and many hundreds of thousands of drones were sold as presents this Christmas, so the problem will multiply in the coming year. Yet the Government still have not brought forward legislation. They had a golden opportunity to link the control of drones with the control of lasers in the Bill, but unfortunately, that opportunity has been allowed to slip past. Laser control does not have to stand alone. As the Minister told us, originally it was part of the Vehicle Technology and Aviation Bill, so why are drones not included now, and when can we expect to see some government action on them?

--- Later in debate ---

[Baroness Sugg]

I thank the noble Lord for his intervention. Trying to define all the different types of journey which may take place is complicated. As I say, our advice is that “journey” is the best way to describe it, but I will take the noble Lord’s comments away and consider them ahead of the Committee stage.

The noble and gallant Lord, Lord Craig, also mentioned horse-drawn carriages, which I am afraid will not be covered by the Bill. We have not seen any evidence of a problem, so horse-riders will not be covered either. We work closely with the British Horse Society and other organisations but, as I say, they have not raised any safety concerns. However, we will keep the issue under review and perhaps follow it up with them.

We have consulted carefully with the Ministry of Defence on the Bill and indeed with the Military Aviation Authority. The offence will cover both military and civilian vehicles, and the Bill has received support from Ministers in the Ministry of Defence. We will continue to work closely with the MoD and the MAA, some of whose representatives are also members of the UK Laser Working Group, which meets regularly.

On licensing and import controls, as I mentioned in my earlier speech, we have committed to providing additional support for enforcement activities around the import of lasers. We are working to deliver more effective labelling and to promote public awareness. However, after considering the evidence, we do not intend to introduce a licensing regime.

[Baroness Randerson]

What precisely does the Minister mean by “support for local authorities”? That is the key thing. Support can mean providing advice and information or it can be firm, practical help.

[Baroness Sugg]

We are working with local authority ports and borders teams to advise them on prioritising the checking of imports. We have allocated a grant of £100,000, as the noble Lord, Lord Rosser, mentioned, to help them have an immediate and targeted impact. We are also working with online retailers and importers.

Connected and Autonomous Vehicles (Science and Technology Report)

Baroness Randerson Excerpts

Wednesday 20th December 2017 Lords Chamber

[Baroness Randerson (LD)]

My Lords, this is the second time this week that I have taken part in a debate which has concentrated on a historical document, in that this committee report, like the one we debated on Monday, is nine months old—which is ironic in a field such as this where technology is moving so fast. At least in this case we have a government response, and I want to concentrate this evening on that response, because it reveals a slow-moving, bewildered Government, with no clear focus, no clear idea of where they want to go and unwilling to take a real leadership position. Leadership is about a lot more than repeatedly stating that we are world leaders. As the noble Baroness has just pointed out, this is a very competitive field. We are not world leaders in this—not with security—and after Brexit we are much less likely to be, because we will not have those strong European links.

I am unashamedly excited about autonomous vehicles and their huge potential, but so much still has to be decided on the direction in the future. This week, the Secretary of State, Chris Grayling, unveiled his vision of Uber-style CAVs replacing buses—presumably all of us in our individual pods, which we summon up when we need them. I take issue with that image. I agree that in rural areas the concept could be really useful, especially for older or disabled people who are unable to drive, but in urban areas the big issue is congestion. Urbanisation is expected to increase average city density by 30% over the next 15 years. I accept that CAVs will drive much more closely together and will move off much more smartly at traffic lights—there possibly will not even still be traffic lights—but, even so, the Grayling free-market vision could well turn out to be a chaotic, congested nightmare. It is much more likely that we will continue to have buses, but, in more responsive mode. But neither this response nor the Automated and Electric Vehicles Bill tackles the overall vision.

Another issue I want to emphasise is exactly how automation will develop, which has already been tackled by other speakers. It seems to me there are two constraints: consumer acceptance and the readiness of our infrastructure. I can illustrate the issue of consumer acceptance by saying that I have travelled in an autonomous vehicle, and it takes a bit of a leap of faith. Many new cars are currently at level 3, and we will probably evolve towards level 4 and then level 5 step by step, rather than by taking a big leap forward. Indeed, the manufacturers I have talked to have spoken about this. When we get to level 5, there will be great social opportunities, especially in rural areas, but the Bill in the other place at the moment really just deals with the insurance side of things. It does not have the vision. We need social preparation, which we did not have for electric vehicles, for example—people look amazed as a silent vehicle moves towards them. I suggest that a great deal more work is needed, as referred to in the committee’s report, on social preparation for the changes that will take place.

Another huge issue that will come from this is the impact on jobs. There will be job losses, mainly among drivers—from taxis to HGVs, from tractors to ships, from pilots to tank drivers. Your Lordships might think that not having to do some of those jobs would be a huge advantage—no one would voluntarily be a military tank driver, where lives are at risk—but there are of course social changes that would come with that. We also need—the Government need—to prepare for the jobs of the future, and I want to draw out an ancillary issue. The Government’s response refers to apprenticeships, but when I asked the Government in November how they were preparing for this and,

“whether they intend to introduce a licensing and accreditation scheme for technicians working on electric and automated vehicles”,

the Answer came back that,

“it is too early to develop a training, licensing, and accreditation scheme for automated vehicles”.

Given that we are already at level 3 in many places, that is a very complacent reply, and the Government need more vision.

Finally, there is the issue of infrastructure and the road network. The government response does not tackle the hard facts of our outdated, complex and congested infrastructure. I listened carefully this morning to the “Today” programme as the Minister outlined, in very careful wording, his vision that we should all have the right to request access to broadband by 2020. Now, that is very carefully put. I live in Wales, and there are vast swathes of the country with no mobile phone signal and no wi-fi. We have so far to go if the Government’s vision is to be implemented, and time is very short.

The Government have an important role as facilitators of research, for example, as initiators of the structure for skills and as facilitators of the necessary infrastructure and legislative framework. They also have an important role as guardians of our safety and security. The data issues associated with these vehicles are very serious and need to be considered; for example, the interface between the need for public data, to keep us safe, and the need for privacy of data for those aspects of our lives that we have a right to keep private. But that data is valuable, and the Government have a lot of thinking to do on this.

Railways: Fares

Baroness Randerson Excerpts

Tuesday 12th December 2017 Lords Chamber

Asked by

[Baroness Randerson]

To ask Her Majesty’s Government what assessment they have made of the impact of increases in train fares due to be introduced in January 2018.

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

The Government understand the concern about the increase in the cost of rail fares and the impact this can have on people’s budgets. Our railways need substantial investment to ensure they are fit for purpose for the 21st century. Despite record levels of investment, the Government have ensured that, since 2014, regulated rail fares have risen no faster than retail prices. We of course continue to monitor our rail fares policies closely and keep them under review.

[Baroness Randerson (LD)]

My Lords, in January rail fares will go up by 3.4%, at a time when wages are already failing to keep pace with rising inflation because of the impact of the falling pound following the Brexit vote. For instance, an annual season ticket from Swindon to London will increase by £304. For many years now, the Government have frozen fuel duty to help motorists, so will the Minister agree that the Government should now freeze rail fares for the coming year to help rail passengers?

[Baroness Sugg]

The noble Baroness mentions the freezing of fuel duty, which is obviously widely welcomed by motorists, following the Budget. I am afraid that we cannot freeze rail fares because by doing so, we would have to decrease investment in our railways, which is sorely needed.

Railways: Update

Baroness Randerson Excerpts

Wednesday 29th November 2017 Lords Chamber

[Lord Rosser (Lab)]

I thank the Minister for repeating the Statement made in the House of Commons. We welcome and advocate continuing investment in our rail industry and measures to enhance its role and importance in the economy of this country and in the lives of our citizens, including the reopening of some lines closed under the Beeching cuts.

The extent to which the content of the Statement and the associated strategic vision document will deliver those objectives is debatable. We have a Secretary of State who is very good at making grandiose statements about future rail developments—in fact, almost as good at doing that as he is in quietly announcing the abandonment or postponement of schemes that he has previously championed. No Government have cancelled or postponed more railway electrification schemes, or parts of schemes that they have previously espoused, than this one. On the roads, the policy is to reduce diesel mileage; on the railways, it is apparently to increase it above that previously planned. What is the Government’s strategic vision for rail in respect of the further electrification of our railways? I think the Statement was silent on that issue.

The Statement was pretty thin, too, on the issue of fares, as is the associated document called “a strategic vision for rail”. Fares have been deliberately and regularly increased by well above the rate of inflation in order to reduce the percentage of operating costs not covered by fares, and thus the costs to the Government, which they transfer on to the backs of commuters in particular. What is the Government’s strategic vision on fares? What is their objective in relation to the percentage of operating costs that should be covered by fares? How can you have a credible strategic vision without saying what your future intentions are in respect of the level of fares, fare increases in the future and the objectives that you are seeking to achieve and why?

The Statement made reference to the next South Eastern franchise and referred to providing space for additional passengers. However, that is not a strategic vision for addressing overcrowding in our railways. There are many other examples of overcrowding on our rail network, not solely in London and the south-east. Since the Government have chosen to describe their document as “a strategic vision for rail”, what are the objectives in relation to reducing overcrowding? What is the end game in respect of overcrowding and its elimination that the strategic vision is seeking to achieve? Just referring to new schemes, which may or may not be abandoned or postponed at some stage in the future, does not constitute a strategic vision against which success or failure in delivery can be judged.

The Statement set out proposals and intentions for tinkering with the organisational structure of the railways. It referred to a proposed alliance on the east coast main line, running intercity trains and track operation under one management. We had a similar arrangement between Stagecoach and Network Rail in the south-west, which did not seem to prove an unmitigated success. Why do the Government now think this proposed alliance will prove any more successful? What are the specific objectives that it will be expected to deliver under the strategic vision for rail?

As the Government thrash around to find an organisational structure for our railways and the train company franchises that they deem acceptable, they may care to look at the structure of the London Underground, which combines track and trains and has generated—in the public sector—significant increases in the numbers of passengers. It is also a system under which all the revenue goes back into providing and improving services for the travelling public, which cannot be said for our railway network as a whole. Indeed, so concerned was the Secretary of State about the success of Transport for London and London Underground in running services in the public sector, and the revitalisation of the London Overground network since it was taken over by TfL, that he felt it too politically dangerous to agree to the transfer of any further rail services within the GLA area to TfL—not much of a strategic vision there.

This Statement does not represent a strategic vision. It is silent on too many issues, including future fares policy, and silent about too many overall objectives to be such a strategic vision. It is, frankly, more a hotchpotch of separate announcements, some of them regurgitated, since they have been made previously and do not represent anything new. While I reiterate what I said earlier about welcoming new investment in our railways if it materialises, tinkering with the structure, which seems to be the Government’s modus operandi at present, will not address rail’s urgent organisational and ownership problems. Indeed, to the extent that making the structural changes proposed deflects the attentions of managers and staff from the objective of running reliable and efficient services, tinkering with the structure is more likely, in fact, simply to add to the problems.

[Baroness Randerson (LD)]

My Lords, one thing on which we agree with the Government is that the answer to improving the railways does not lie in renationalisation. I am disappointed in this strategic vision. It is largely a restatement of existing announcements, some of which I recognise from the days of the coalition.

However, on these Benches, we welcome the commitment to assess transport projects on the basis of their potential for unlocking future growth, rather than on a simplistic assessment of current overcrowding and journey time saved. I want to ask the Minister about the announcement on reopening old lines, which had a lot of publicity this morning—but it is obvious that no new money is involved, as otherwise we would have been told. The reference in the Statement is to partnership with metro mayors. That is usually a code for saying that local government will foot the bill. What are the terms on which these proposals are made? Where will the money come from and how advanced are the plans, with specific examples in mind?

This week, the Minister replied to a Written Question from the noble Lord, Lord Berkeley, setting out total transport expenditure across each region of England. I am grateful to the noble Lord for asking the Question. The Answer, which I recommend to your Lordships, makes extraordinary reading. Capital expenditure in the last year is a total of £16 billion across the whole of England, £6 billion of which was spent in London. Only £520 million was spent in the north-east, and £666 million in the east Midlands. This entrenches the inequality and the divide in our society, and I am disappointed that this Statement does not provide new announcements on projects for the north and the Midlands that are desperately needed. What are the Government going to do to change that balance of spending within the country?

Finally, there is no reference here to electrification projects. The stalling of electrification and the abandonment of those plans was a huge blow to those poorer parts of the UK, including south Wales—west of Cardiff being an example. It is important that they are given the renewed investment that electrification with provide. That will also improve the quality of our air.

[Baroness Sugg]

My Lords, the noble Lord, Lord Rosser, asked how we will deliver these schemes. As the Statement announced, we have already provided up to £34.7 billion directly in government grant, we expect significant amounts of that to be spent on enhancement during the period, and the funding is provided within that grant to support that. We are also making funding available for early-stage development of the new enhancement schemes.

Both the noble Lord and the noble Baroness, Lady Randerson, brought up electrification. We understand that passengers expect high-quality rail services and, of course, we are committed to electrification where it delivers clear passenger benefits. We are also taking advantage of state-of-the-art new technology to improve journeys. The decision to cancel some of the electrification was made to deliver the benefits to passengers sooner than would otherwise have been possible. We are focused on using the best technologies to improve each part of the network, and will continue to do so.

On fares reform, of course we carefully monitor rail fares and changes in average earnings, and will keep them under review in calculating rail fares. The regulated rail fares are capped in line with inflation each year and for the next year. In the five years to 2019, Network Rail is spending more than £40 billion to improve the network. On average, 97% of every pound of the passenger’s fare goes back into the railway. We recognise that the fare system can be complicated, and the Rail Minister is working with the industry to consider what can be done quickly to help passengers find and choose the best ticket.

On overcrowding, obviously the expansion we are talking about today will help. HS2, once it is up and running, will take huge amounts of people off the overcrowded rail network. As I said in the Statement, the South Eastern franchise is a good example. We are hoping that it will provide space for at least 40,000 additional passengers in the morning rush hour.

The noble Baroness, Lady Randerson, asked how we will decide on the new rail lines and when they will be delivered. We of course want to work with partners in industry to develop the proposals for the next generation of those lines. We are developing guidance for investors and developers to ensure that the process for taking the proposals forward is as clear and transparent as possible. We cannot today commit to specific amounts or the timescale when the proposals are still in such early stages of development. The strategy refers to some of the potential ones, so we are aiming to take a sensible and measured approach, helping our partners to develop those proposals. As I said, we are funding schemes to help develop business cases.

The noble Baroness mentioned the north. We are investing huge amounts of money into rail in the north. For example, there is the £1 billion in the Great North Rail project to 2020, the train operators of Northern and TransPennine Express will invest over £1 billion in buying new trains and there will be more than 500 new carriages. The Great North Rail project has seen the journey times between Manchester and Liverpool improved by 15 minutes. In addition, we are working with Network Rail in the regions to develop options for major upgrades between Manchester, Leeds and York to provide more seats and faster journeys.