Railways (Penalty Fares) (Amendment) Regulations 2022
Baroness Vere of Norbiton Excerpts(1 year, 3 months ago)
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The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
My Lords, I am enormously grateful to the noble Lord, Lord Shapps, for giving your Lordships’ House and indeed me—
Baroness Vere of Norbiton (Con)
I deeply apologise to the noble Lord, Lord Snape, for getting his name wrong.
This is a great opportunity to be back once again in front of your Lordships’ House to discuss trains, train fares, train ticketing and, of course, train services. I very much appreciate all noble Lords’ contributions this evening.
The regret Motion tabled by the noble Lord, Lord Snape, is linked to a statutory instrument relating to changes to penalty fares. This was laid in your Lordships’ House in October 2022 and comes into force on 23 January 2023. I will provide a little bit more context to ensure that noble Lords are aware of what this SI does. From 23 January 2023, the new penalty fare on the rail network in England will be £100 plus the price of a single fare to the passenger’s intended destination on that train. It is not the £100 alone; there is an additional amount, which will take into account the journey travelled. Another thing to understand is that the £100 penalty is reduced to £50 plus the price of the single fare if it is paid within 21 days. I hope that people will take advantage of that opportunity.
As noted, the penalty fare is currently either £20 or twice the full applicable single fare to the next station that the train calls at, whichever is greater. That sounds a bit more complicated than what we will now have, which offers great clarity to passengers. As noted, the value of the penalty fare has not changed since 2005, which is nearly 20 years ago. It was in response to growing concerns about the impact of this real-term decline in the value of the penalty fare that the Government consulted on these changes to penalty fares in March 2021. The consultation indicated that the £20 value of the penalty fare was just too low to be an effective deterrent and that it should be increased.
The change was put into place to ensure a more effective deterrent. This should reduce the cost of fare evasion from passengers travelling without a valid ticket while ensuring that honest, fare-paying passengers are not unfairly penalised. An estimated £240 million is lost annually due to fare evasion on GB railways. This change aims to reduce the burden on the taxpayer while ensuring that it is fair on the travelling public as well.
Staff who issue penalty fares are trained and authorised in the procedure and are allowed to use their discretion on whether to issue a penalty fare. This helps to mitigate the impact on those passengers whose intention was not to avoid paying but, for whatever reason, have a ticket that does not match their intended journey. The noble Lord, Lord Snape, came up with many examples where this sort of discretion would absolutely be used. Therefore, we do have the flexibility under the new penalty regime as it was under the old penalty regime. In that regard, not much has changed. We will have to put Peel to one side in this case, because it is not an absolute certainty that if one is on a train with a ticket that does not match your intended journey, you will get a penalty fare. There may be reasons why it would not be appropriate. That is fair on passengers and provides the best experience to the travelling public.
However, should a passenger receive a penalty fare and feel that it is really not appropriate, there is a robust appeals process, which was introduced in 2018. That provides a further level of protection for passengers who feel that they have been treated unfairly. This appeals process has three different levels, and the third appeal is considered by an independent panel of three members, none of whom was involved in the handling of the previous two appeals.
It is for train operating companies to manage fare evasion on their services and there are a number of measures that they can use to do this, including penalty fares and unpaid fare notices. Avanti West Coast, for example—a favourite of the noble Lord, Lord Snape—chooses not to issue penalty fares, but it has alternatives. A passenger on an Avanti West Coast service who is unable to produce a valid ticket while travelling may need to purchase a full-price anytime ticket with no discount. As an alternative, they may be issued with an unpaid fare notice requiring them to pay the fare within 21 days. We are trying to set out here how a bit of flexibility is necessary and that a one-size-fits-all process for every service across England will not work.
There is a bit of flexibility to tailor overall revenue protection activity and adjust the action taken to a single passenger, dependent on that passenger’s circumstances. It is not in anyone’s interest for a TOC to operate a universally heavy-handed approach to all passengers travelling with an incorrect ticket. However, TOCs have a right and justifiable obligation to target those passengers who knowingly travel without a valid ticket. In those circumstances, it is right that the passenger without a ticket is appropriately penalised. This acts, among other things, as a deterrent.
The noble Lords, Lord Berkeley and Lord Snape, raised the issue of the incentives on TOCs to collect revenue. After all, it is not their revenue in the end. The department works with TOCs to ensure that ticketless travel surveys take place biannually to allow revenue protection teams to target known areas of fare evasion to have the maximum effect. Part of the payments made to operators is based on the outcome of those surveys.
The noble Baroness, Lady Randerson, asked me some questions about Wales. While I have some information about that, I would rather write a letter with a fuller explanation, if that is okay. I will try to include what Wales is doing and any discussions with the Welsh Government.
The noble Lord, Lord Tunnicliffe, raised the issue of communication, and I agree with him that it is really important that passengers know about these changes and so do rail staff. That is already well in hand. The Rail Delivery Group is leading work with the train operating companies on communications materials, which will include posters, signage, leaflets at stations and websites. The Rail Delivery Group will update its guidelines to reflect the new penalty fares regulations.
The noble Lord highlighted the complexity of ticketing, as set out in Modern Railways magazine—not a magazine with which I am hugely familiar. But tickets in England are hugely complicated and, sometimes, when one is booking online, one may not get the best option. I will make sure that officials look at the points raised by the noble Lord, Lord Berkeley, about systems that were considered in the past and how we might roll them out.
The Government remain committed to radically reforming and improving the passenger experience of fares, ticketing and retailing on the railways. We want to simplify the current mass of complicated fares and tickets, while protecting affordable turn-up-and-go tickets and season tickets. There is much work in this area and there will be a real transformation in the way rail travel is bought, paid for and experienced. Removing complexity in ticketing systems will allow all related systems to be simplified to help reduce cost.
I reassure noble Lords that no passenger will be left behind. We will make sure that we serve those who use cash or those who do not have access to a smartphone or the internet. We need to make sure that they too can buy a ticket or access help to buy a ticket at the train station. We are working very closely with the Great British Railways transition team and the sector to build this better ticketing system and a better railway. We will take that further in due course.
Lord Berkeley (Lab)
I am very grateful to the noble Baroness. She has given us a very interesting response to many of the questions that noble Lords have raised but, so far, has not mentioned what has happened to the Bill that was promised and mentioned in my noble friend’s Motion, which we are debating. Can the Minister give me some indication of why the Department for Transport has had this proposal to simplify ticketing, by using IT and everything else, for a year? It would save a great deal of money and give people a lot of confidence. According to some people I have talked to, this does not need legislation. I believe that the noble Lord, Lord Hendy, has also said that parts of the Bill do not need legislation, so why can we not do that? I appreciate that the Bill is late—we could have a long debate about that—but what is holding this up, if it does not need legislation? I am told it is opposition from the train operating companies, but who is in charge? Minister, you are in charge.
Baroness Vere of Norbiton (Con)
Oh, good! I take the noble Lord’s point. I was going to spell out a number of things that do not require legislation. We want to legislate and we must do it when parliamentary time allows, but there are many things that we can do without legislation. I will take back the specific point about the ticketing system and maybe write to the noble Lord and all who spoke in the debate to see if I can find a little more clarity on that.
While I am on a roll on this, the noble Lord, Lord Tunnicliffe, mentioned long-term planning, which is one of the things that we do not need legislation for and which we have been thinking about. We are developing for publication the first draft of a long-term strategy for rail. I am sure noble Lords will appreciate the opportunity to debate that when it is published, because it sets out a long-term vision for our rail system over the coming decades.
To conclude, the vast majority of passengers who travel on our railways have the right ticket. If they do not, there are understandable circumstances. We accept that there is flexibility in the services that the train operating companies offer. However, we believe that the increase in the penalty fare is a sensible measure to discourage travel without a valid ticket, because it is simply not fair on other passengers or the taxpayer.
I am grateful to the noble Lord, Lord Snape, for the debate today. I have no doubt that I will be back at this Dispatch Box to discuss the railway system again, and I look forward to it.
Lord Snape (Lab)
My Lords, I am grateful to those noble Lords who participated in the debate. My noble friend Lord Berkeley reminded me of my failure to mention split ticketing. I could have said how desirable it is to stop that particular practice, although it is understandable that those in the know know how to do it. The magazine to which I referred set out a case of a passenger who was in the know, who used split ticketing to get from London to Edinburgh and back, but he needed 18 different tickets to do it. Such a system is nonsensical.
The noble Baroness, Lady Randerson, who speaks for the Liberal Democrats on these matters, was right to point out the disparity between the rate of inflation in 2005 and the fivefold increase in penalty fares, to £100, that the Government propose. The Office for National Statistics informs me through my mobile phone that £20 in 2005 was worth £34.52 at the end of 2022. That is a hell of a difference between £20 and £100, plus the cost of the single fare on top of the penalty, as we were reminded. So it is a pretty indiscriminate increase, presumably plucked out of the air. The Minister did say in conclusion that people had been consulted since 2021 about this increase: she did not tell us who had been consulted, and I just wonder whether Mr Anthony Smith from Transport Focus had been, because I do not think that most passengers would approve.
I am grateful again to my noble friend Lord Tunnicliffe from the Front Bench, and beg leave to withdraw the Motion.
Rail Services
Baroness Vere of Norbiton Excerpts(1 year, 4 months ago)
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Baroness Randerson
To ask His Majesty’s Government what plans they have to improve rail services in Great Britain.
The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
My Lords, the Government are absolutely committed to reforming our railways and ensuring a high-quality, seven-day railway across the whole country. In 2021, we published the Plan for Rail White Paper to address long-term structural challenges within the sector. In the immediate term, the Government as facilitator have helped improve communication between negotiators and unions.
Baroness Randerson (LD)
My Lords, the Government rely on rail to support their carbon reduction targets, but prolonged strikes and appalling management at some train operating companies are definitely deterring passengers. The announcement today of yet another rail strike in the first week of January reinforces the public’s view that the Government are presiding over decline and seem paralysed into inactivity.
So my question to the Minister is this: Great British Railways was hailed as the solution to the current mess in our rail services, but the new Secretary of State now seems to have put it on hold. Can the Minister explain to us why it is delayed and why the legislation is delayed—or is it yet another abandoned government ambition?
Baroness Vere of Norbiton (Con)
I think that the reason for the delay in the legislation has been well set out both by the Secretary of State and the Rail Minister in front of the Transport Select Committee. There is a significant pressure on parliamentary time at the current time, owing to various challenges that were not anticipated. It is also the case that we have received thousands of contributions to the consultation around Great British Railways. We are working at speed on all the things that do not need legislation, and we will bring forward legislation in due course.
Lord Woodley (Lab)
My Lords, there are things that we do not do if we want to improve the railways. First, we do not close ticket offices to the detriment of customers, and we do not sack guards on trains. The single best way to improve the whole network has already been proved on the east coast main line, which is to take the railways back into public ownership—starting with the absolutely disgraceful Avanti franchise, which I have been the victim of personally for the last four out of five weeks. That would improve efficiencies at the end of it, increase revenues and get better value for taxpayers’ money. Does the Minister finally agree?
Baroness Vere of Norbiton (Con)
I am very concerned that the noble Lord states that guards are being sacked. If he could let me know who is doing that, I would be very happy to take that forward.
Lord Haselhurst (Con)
My Lords, does my noble friend agree that, in improving railway services at present, it would be best to concentrate on the provision of more track capacity, especially as it might improve connectivity to our seaports and airports in ways that will improve the movement of passengers and freight and go some way towards undoing the damage done by the Beeching proposals some 60 years ago?
Baroness Vere of Norbiton (Con)
I am very grateful to my noble friend for raising this issue. It is something that is top of mind—and, indeed, the pandemic certainly showed everyone in the nation how important freight is and how important it is to get it moving around. The Government have published their future of freight strategy, and Sir Peter Hendy has published his Union Connectivity Review. All these are looking at these very important elements of connectivity to our ports. In the Autumn Statement, the Government recommitted to transformative growth plans for our railways, and we will look at rail enhancements to our ports as part of that.
Lord Wigley (PC)
My Lords, does the Minister accept that this question refers to service? The problem that we face with Avanti West Coast and in other areas is that, when there is a lack of the necessary number of drivers or trains, trains get diverted to certain popular lines, away from other areas which find themselves without any service whatever. If the railways are meant to be run as a public service, there should be an entitlement to that service in every part that depends on that line, not just a concentration on those lines that make the most profit.
Baroness Vere of Norbiton (Con)
I agree with the noble Lord that some train operating companies have struggled recently: they have had to cut their services, and that is deeply regrettable. However, since then a lot has been done around recruiting more drivers. Services are coming back and I hope the noble Lord will see an improvement.
Baroness Brinton (LD)
My Lords, Southern Rail got rid of its guards five years ago. Last year, it awarded a passenger compensation of £17,000 because she was repeatedly left on her train in a wheelchair. Part of the negotiations between the train companies and unions at the moment is over removing guards from further trains in other areas. The Minister talked about a high-quality and reliable service for passengers. How on earth can that be possible when, for disabled passengers, guards are absolutely key to having a safe journey and being able to get off?
Baroness Vere of Norbiton (Con)
Absolutely. Our ability to provide a good service for passengers with reduced mobility is top of mind. It is why we developed the app to enable passengers to be able to book ahead. It is the case that guards can provide a very useful service, but so can people at the station. That goes back to the issue around ticket offices: sometimes it is better to have people outside ticket offices, walking around platforms, and being able to assist people with mobility needs in order that they can get on the trains that they need to.
Lord Kamall (Con)
Can my noble friend enlighten us on some of the future thinking in her department on new railway technology; for example, the use of battery trains and hydrogen trains, which means that the infrastructure in many areas will be cheaper because we do not have to install electric overhead cables or a third rail? How will that improve rail services in areas where it is economically infeasible at the moment?
Baroness Vere of Norbiton (Con)
My noble friend is quite right: the opportunities for decarbonising our transport system using our railways are massive. We have invested in hydrogen trains—I think they are called HydroFLEX. That is something we will look to take forward in those parts of the country that will be hydrogen hubs. Of course, electric propulsion plays a very important part and we look to technology around the world in order to see whether we can bring it back to the UK.
Lord Tunnicliffe (Lab)
My Lords, I always admire the way the Minister battles on with this problem, but this Government have been in office for 12 years and the railways are a mess. Let us look just at Avanti. Back in October, when I called on the Government to end Avanti’s contract, the Minister told the House that
“in December, Avanti will go from 180 daily services to 264”.—[Official Report, 26/10/22; col. 1526.]
We are in December: how many services each day has Avanti averaged so far this month?
Baroness Vere of Norbiton (Con)
I do not quite have the data the noble Lord is looking for. However, I think this may go some way towards meeting that. Our view is that Avanti’s recent performance has not been good enough, and we are seeking to understand why that is. We know that about 20% to 25% of train services have been cancelled due to staff shortages of both drivers and train managers, and we know that there has been a significant amount of sickness recently. Obviously, we are investigating that with Avanti. However, I will just say, looking at the bigger picture, that there are very significant national strikes. Build on to that some action short of strikes—for example, by fleet maintenance workers on South Western and Chiltern—and this leads to stock imbalances on these shoulder days, as does, of course, the removal of rest-day working. It takes many different types of organisations to run a railway. One of those is the unions, and we must make sure that we encourage the unions to cease their action and get back to running our railways.
Lord Grocott (Lab)
My Lords, the Minister pointed out that there are many different organisations involved in running the railway. We know that the main reason for that is that the railways were privatised and we ended up with huge numbers of separate companies of varying quality, some very poor indeed, running or trying to run a railway; a fragmented system; and a system that, partly as a result of that fragmenting, has a near-incomprehensible system of ticketing at times. I just ask her to agree, whatever our differing views on privatisation—I know what mine are—that what the railway needs is a unified railway structure, with clear lines of responsibility and proper accountability to the British public.
Baroness Vere of Norbiton (Con)
I think I probably agree with the noble Lord, although I suspect that I would achieve those goals via an entirely different method. We have come a long way in getting the White Paper out there and starting work on the long-term strategic vision for rail, which is a plan for 30 years, and the GBR transition team is currently analysing hundreds of responses to the call for evidence. The starting point is a long-term vision; it must be accountable to taxpayers but also much more accountable to passengers.
South Yorkshire Passenger Transport Executive (Transfer of Functions) Order 2023
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Baroness Vere of Norbiton
That the draft Order laid before the House on 8 November be approved. Considered in Grand Committee on 13 December.
South Yorkshire Passenger Transport Executive (Transfer of Functions) Order 2023
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Baroness Vere of Norbiton
That the Grand Committee do consider the South Yorkshire Passenger Transport Executive (Transfer of Functions) Order 2023.
The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
My Lords, this draft order was laid before Parliament on 8 November. It is solely concerned with the South Yorkshire Passenger Transport Executive and the South Yorkshire Mayoral Combined Authority, and has been laid at the original request of the former Mayor of South Yorkshire, Dan Jarvis MP, with the full support of the current Mayor of South Yorkshire, Oliver Coppard.
The order is being made under Section 85 of the Transport Act 1985, which allows the Secretary of State for Transport to make provisions for the dissolution of PTEs and the transfer of their functions, property, rights and liabilities to the relevant integrated transport area. This order will dissolve the South Yorkshire PTE and transfer its functions, property, rights and liabilities to the South Yorkshire MCA.
PTEs are delivery bodies responsible for implementing the strategic transport plans in their area. They are responsible for securing the provision of local public transport across their area as they consider appropriate, including commissioning socially necessary bus services and administering travel concession schemes. PTEs have existed in many of our largest city regions for many years, predating combined authorities, which are now responsible for transport planning in their areas.
The South Yorkshire PTE was established by the South Yorkshire Passenger Transport Area (Establishment of Executive) Order 1973 and was variously accountable to the metropolitan county council, the passenger transport authority and the integrated transport authority in South Yorkshire until the South Yorkshire integrated transport authority was dissolved and its functions transferred to the South Yorkshire Mayoral Combined Authority by the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority Order 2014. As well as its responsibilities in relation to buses, the South Yorkshire PTE also owns Supertram in Sheffield and is responsible for the arrangements for its operation.
The South Yorkshire MCA’s 2019 review of bus services in its area, chaired by Clive Betts MP, recommended among other things that the PTE cease to exist as a separate organisation and instead become part of the combined authority. The review concluded that a separate arm’s-length transport authority was no longer the right model and that a single entity responsible for bus transport strategy and delivery in South Yorkshire would provide a clearer focus on passenger needs and user-centred transport design and delivery.
As the review notes, this is already the case in other city regions—for example, the West Midlands and West Yorkshire—while other city regions, including Greater Manchester and the Liverpool City region, have chosen to retain their PTEs as executive bodies of their combined authorities. The Government recognise that a single entity may support the alignment of transport priorities with economic growth and decarbonisation objectives. However, providing that there are clear lines of accountability and sound governance in place, it is right that combined authorities determine which arrangements are best for their area. In this case, South Yorkshire has also identified scope for efficiency savings that could be reinvested in the local bus network.
Following the bus review, the then Mayor of South Yorkshire asked the Department for Transport to take the necessary steps to transfer the functions of the PTE to the combined authority. The Secretary of State agreed to do so and my officials have worked closely with the mayor’s team to bring forward this order. The order will make the MCA responsible for planning, delivering and managing local public transport services, bringing these functions under a single roof.
This order will make a straightforward and sensible amendment to the administration of local transport services in South Yorkshire at the request of the mayor. It is important that the Government deliver on devolution, supporting local authorities in providing services more efficiently for the people in their area. I beg to move.
Lord Tunnicliffe (Lab)
My Lords, I welcome this order to merge the South Yorkshire Passenger Transport Executive into the South Yorkshire Mayoral Combined Authority. This step should lead to more effective and more accountable decision-making, but it is disappointing that it has taken this long for the order to be implemented. I begin by asking the Minister to confirm that the department is engaging with the South Yorkshire Mayoral Combined Authority and its constituent local authorities to ensure there are no further delays.
Powers and reform must be matched with investment, and it is clear that the Government lack ambition for the future of South Yorkshire’s transport network. Today, Ministers still spend three times per head more in London than in Yorkshire and the Humber. If the South Yorkshire Mayoral Combined Authority is to deliver a truly trans- formative agenda, then the Government must provide real support. I hope the Minister will commit to that.
Baroness Vere of Norbiton (Con)
My Lords, I am grateful to both noble Lords for their contributions to this short debate. I hope I was able to warn the noble Lord, Lord Scriven, in my opening remarks that this is an administrative change: it is nothing more exciting than that, but it makes sure that the accountability, responsibilities and governance are clear. It also saves the MCA having both the PTE and the MCA structure, so there will be some small savings. We were asked for this, and it is not something that we would necessarily have required of all MCAs, because MCAs should be able to choose how they administrate their local transport powers. There are no changes to the powers that the mayor will have, although colleagues in DLUHC are looking at taking forward further devolution for places in due course.
Lord Scriven (LD)
The Minister has a difficult job in defending this in terms of accountability. People understood the South Yorkshire Passenger Transport Executive, and councils were accountable at a local level for being on it. My point is that, since the transfer of the passenger transport executive to the mayoral authority, all that the South Yorkshire Passenger Transport Executive did has been lost in the myriad of what the mayoral authority does. The public are finding it harder than before to hold anyone to account for what is going on. All this does is formalise exactly the hybrid situation that has been in place since early 2021. As for accountability, if it continues as it has done since the partial incorporation, it does not make the accountability easier; it actually makes it harder.
Baroness Vere of Norbiton (Con)
I beg to differ with the noble Lord on this matter. The people of the constituent local authorities can of course take it up with Mayor Coppard, as the elected mayor. The local authorities that are the constituent parts of the combined authority can also take it up with that elected mayor. All this is doing is trying to take out some of what Mayor Coppard must believe to be unnecessary administration between him and his team and the operation of effective local transport systems. I literally have no further lines on that. If the noble Lord has a problem about establishing accountability, I reassure him that Mayor Coppard is accountable and he should of course raise those issues with him.
I hope the noble Lord knows—I am sure he does—that heavy rail services do not operate under these arrangements but, of course, we look to locally elected mayors to engage very robustly with train service operators in their area. It is the case that light rail services will fall under the remit of the local transport plans that Mayor Coppard will no doubt take forward for the benefit of local people.
On the questions raised by the noble Lord, Lord Tunnicliffe, I suppose one could say that there has been a short delay in putting this administrative order in place. We got to it as soon as we could, but there is pressure on parliamentary time at the moment. I believe that the delay was not excessive and throughout all that time we have had a strong relationship with the local mayor and his team. Indeed, from a transport perspective we have a good relationship with all the local mayors. When I covered that portfolio, I would frequently have conversations with them to hear their concerns and listen to what they wanted as investments.
It is worth touching on some of the investments that we have made and are making in South Yorkshire. South Yorkshire has received £570 million from the city region sustainable transport settlement, which is just part of the £5.7 billion that is going to eight mayoral combined authorities. The South Yorkshire amount includes just over £100 million for the renewal of the Supertram in Sheffield. Prior to that, the area received £150 million as part of the transforming cities fund. The MCA has been awarded £8.3 million in ZEBRA funding to fund zero-emission buses. In addition, from the local growth fund there was £42.3 million towards the Lower Don Valley scheme in Rotherham. There was also a successful bid in round 1 of the Restoring your Railway Fund.
We always look to the mayors of our large cities and city regions to put forward investment ideas, and are grateful that they have done so. The city region sustainable transport settlement schemes are now, I think, all finalised. It is now a question of getting them delivered, and I very much look forward to seeing some of those projects come to fruition to improve transport, not only in South Yorkshire but in all the mayoral combined authority areas that have been the beneficiaries of our investment.
Railway Station Ticket Offices
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Lord Snape
To ask His Majesty’s Government what representations they have received from (1) rail passenger groups, and (2) other stakeholders, about the proposed closure of railway station ticket offices.
The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
My Lords, the Government regularly hold meetings with rail passenger groups and other stakeholders, including the Disabled Persons Transport Advisory Committee. Retail and workforce modernisation, including industry plans for ticket offices, forms part of those discussions. To propose any changes to the opening hours or the closure of ticket offices, train operating companies must follow the process set out in the ticketing and settlement agreement.
Lord Snape (Lab)
Would the Minister be relaxed about catching a late-night train—operated only by a driver with no other staff on it—from an unstaffed station and then leaving the train at an unstaffed station at her destination? Does she think that ticket machines would come to her assistance in the event of any problems? If something unfortunate happened and she had to use a wheelchair, how would she consider travelling in those circumstances? Bearing in mind that, in the Greater London area, the London Overground, the Underground and the Elizabeth line all have stations staffed from the first to the last train, why cannot the rest of the country be treated in the same way?
Baroness Vere of Norbiton (Con)
My Lords, driver-only operations have been around since about the 1980s. It is certainly not a new concept. Over half of passengers who use the railways are on trains where driver-only operations are in place and have been accepted by train drivers. If we are able to change arrangements at ticket offices in some locations, that will mean that more people will be out and about in stations, providing the eyes and ears that we need to keep passengers safe. The Government are very conscious of more vulnerable adults and how they travel. We work very closely with the police and the Rail Delivery Group.
Lord Udny-Lister (Con)
My Lords, will the Minister comment on the fact that, in 2015-16, Transport for London closed all ticket offices on the Underground to free staff to be available for helping passengers and providing information? Why has it taken Network Rail all these years to get round to this particular modernisation? Indeed, what is happening with all the other modernisations? After all, this is fairly low-hanging fruit.
Baroness Vere of Norbiton (Con)
It is up to the train operating companies, which operate the ticket offices, to think about the best way to manage their resources—including people—to serve customers better. I accept that TfL is often ahead of the game in many areas. Noble Lords will recall a time when you could pay by cash for a bus ticket in London; that is the case no longer. There are ticket offices across the country where less than one ticket an hour is sold. I put it to noble Lords that the person behind that glass screen could be doing other things.
Baroness Randerson (LD)
My Lords, many of the stations that I use have not had ticket offices for years, but my main concern is not just how and where you buy the ticket but how much it costs. We already have the most expensive railway in Europe. Are the Government committed to ensuring that fare increases are frozen next year to help with the cost of living in these difficult times, and to reflect the dire service that passengers have received in recent months from many train operating companies?
Baroness Vere of Norbiton (Con)
When it comes to the railway, DfT Ministers have front of mind the impact on passengers of recent disruption, and value for money for all taxpayers. The railway has lost 20% of its passengers since the pandemic, which means that it has also lost between £125 million and £175 million a month in revenues. Nobody wants to see fares go higher but the reality is that we need to ensure a good deal for taxpayers. Part of that involves being able to modernise the railways such that they can offer the sort of service, at the sort of fares, that people want.
Lord Grocott (Lab)
My Lords, is it not the case that ticket offices are providers not just of tickets but, frequently, of essential information for travellers? Given the huge complexity of ticketing systems across the country and lack of knowledge, perhaps, about the cheapest or quickest route, does the Minister not agree that ticket offices need to remain open for that reason in addition to those pointed out by my noble friend Lord Snape?
Baroness Vere of Norbiton (Con)
I think the noble Lord sort of makes my point for me. I agree with him that people need help, but it may not just be about buying a ticket and that person does not necessarily have to be sitting behind glass. Some customers need all types of help, particularly if they have reduced mobility. Our view is that there may be circumstances where it is appropriate to make sure that people are out and about helping customers to learn to use ticket machines and answering questions on the platform and not downstairs at the ticket office. It is all about flexibility.
Baroness Buscombe (Con)
My Lords, am I not right in saying to my noble friend the Minister that we now have a new Minister for Railways in another place who will focus entirely on updating the so-called antiquated systems of ticketing and the way that the railways are managed and run?
Baroness Vere of Norbiton (Con)
My noble friend is quite right. Huw Merriman MP has taken over as the new Rail Minister. If I may, I will just plug the meeting I have arranged with the Rail Minister tomorrow at 5.30 pm for any noble Lord who wishes to attend to ask him questions about current services, industrial action or, indeed, the critical modernisation that he is focused on.
Lord Berkeley (Lab)
My Lords, the Minister has talked about driver-only trains, but the key surely is to have people on the station who can help people who are in wheelchairs or disabled in some way—my wife uses a wheelchair all the time—to get on and off the trains. Whether they are behind a ticket barrier or in an office, it does not really matter. Can she assure the House that there will be no reduction in the number of people who are on the platforms—whether they are from the train or the platform—to help people who need mobility assistance?
Baroness Vere of Norbiton (Con)
I can reassure the noble Lord that we are absolutely focused on making sure that every single passenger, whether they have reduced mobility or not, gets the service that they need at the place they need it. That may not be the ticket office; it may be on the platform. I am really pleased that the Government have worked closely with the Rail Delivery Group on developing the app for passengers with reduced mobility. That has proved very successful. It is but one step and there are many more things that we can do.
Baroness McIntosh of Hudnall (Lab)
My Lords, yesterday morning when there was significant snowfall, I stood on the platform at my local station and watched the person who is often behind the glass—as the noble Baroness put it—in the ticket office clearing the snow from the platform and helping people, other than me, who needed help. Why is the noble Baroness making a distinction between people who are behind the glass and people who are helping other people? They are the same people now and we need them all.
Baroness Vere of Norbiton (Con)
That is exactly what we want to see. We want people who are multiskilled and able to clear the platform of snow, help passengers with reduced mobility and sell tickets. I am not entirely sure that I understand that there is such a differentiation.
Baroness Butler-Sloss (CB)
My Lords, will the Minister take back to her department that it is extremely difficult ever to find anyone on any platform in the West Country?
Baroness Vere of Norbiton (Con)
A voice behind me said, “Including passengers”, but let us not go there. I will take that back to my department.
Baroness Seccombe (Con)
My Lords, the person who sold me my ticket yesterday certainly made her views clear. She said, “What’s all this nonsense about doing away with the House of Lords? They can’t do that, can they?”
Baroness Vere of Norbiton (Con)
Maybe we are headed towards the ways of ticket office workers. Who knows? I very much hope not.
Lord Tunnicliffe (Lab)
My Lords, at the Conservative Party conference in October, the previous Transport Secretary, when saying that she was asking industry to launch consultations on reforming ticket office provision, suggested the move was about putting passengers first. Have the Government set out the terms of those consultations and can the Minister confirm that it will include thorough consideration of the impact on passengers with accessibility needs?
Baroness Vere of Norbiton (Con)
I can absolutely confirm all those things. This is not one central consultation. The train operating company that operates a ticket office will engage with passenger groups and, indeed, with passengers at the ticket office where they propose to make changes. It is all set out in the ticketing and settlement agreement, which all train operating companies must abide by. If there are any concerns, they should be registered and notified to the relevant body, which is either Transport Focus or London TravelWatch. They will then raise it with the Secretary of State, who will take that into consideration, plus various other elements, if there are concerns.
Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022
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Baroness Vere of Norbiton
That the draft Regulations laid before the House on 31 October be approved.
Considered in Grand Committee on 6 December.
Rail Strikes: Impact Assessment
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Baroness Randerson
To ask His Majesty’s Government what assessment they have made of potential impact of rail strikes called for 24 to 27 December on (1) passenger services, and (2) rail maintenance projects, scheduled for this period.
The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
My Lords, we expect approximately 20% of planned services to run in the 24 to 27 December period, with considerable regional variation. While generally few rail services run during bank holidays, passengers’ travel will regrettably be affected. Network Rail has planned an ambitious £120 million engineering works programme for the Christmas period, aimed at maintaining and renewing track assets. The industrial action will impact planned works, and Network Rail is working to ensure that as many projects as possible can be completed.
Baroness Randerson (LD)
I thank the Minister for her Answer, but we have had no leadership from the Government on rail strikes, which have been allowed to drift onwards and expand so that they cover Christmas. The last two Christmases were ruined by Covid, and 19 separate public sector strikes threaten this one. It is a general strike by the only legal means possible, and it is greeted by paralysed silence from the Government. I ask the Minister if it is right that the Government have totally lost control of the situation.
Baroness Vere of Norbiton (Con)
I am afraid I fundamentally disagree with what the noble Baroness just said. There has been no silence from the Government at all. The Prime Minister has answered Questions on it; indeed, the Secretary of State was in front of the Transport Select Committee yesterday and he voluntarily made a statement on rail strikes at the outset of the session. We are absolutely content to talk about rail strikes, so I do not understand her question.
Baroness Morris of Bolton (Con)
My Lords, one of the consequences of the rail strikes over Christmas is that more people will take to the roads. Quite often, they will be people who do not regularly drive and who have to travel long distances. I understand that the people who monitor our smart motorways are also going on strike. What are the Government doing to keep people safe if they break down on the smart motorway network?
Baroness Vere of Norbiton (Con)
There are varying levels of union membership in the regional control centres responsible for looking at what happens on our smart motorways and setting signs appropriately. The Government have mitigations in place. If necessary, it may be appropriate to put a speed limit on the motorways. We are looking at this in detail, and will do as and when we know more about what level of workforce will be in place.
Lord Woodley (Lab)
My Lords, while nobody wants disruption over Christmas—or at any other time, for that matter—it is an open secret that the Government are obstructing a settlement with the RMT. Everybody knows that. Likewise, the Minister knows that there is not a cat in hell’s chance of the rail unions accepting a below-inflation pay deal, with thousands of job cuts and particularly with driver-only operations and closing ticket offices, none of which benefits the travelling public—in fact, quite the opposite. Does the Minister agree that the Government should stop interfering in these negotiations and stop politicising this industrial dispute, and instead allow the train companies to settle?
Baroness Vere of Norbiton (Con)
Well read, my Lord. I do not accept what the noble Lord just said. Indeed, I slightly object to him telling me what I know when it is followed by words that are not true. There is a good offer on the table from the Government, which is fair to workers and to taxpayers, and includes important workforce reforms. Without these things, we will not get the services we need and the fares we want. He says it will cause thousands of people to lose their jobs; there are guarantees of a job for anyone who wants one. The one thing that would take this forward would be for the RMT executive to ask its members whether they would like to accept the offer from the Rail Delivery Group and its members. It is refusing to do so. That would provide the clarity and transparency for everybody to understand what the membership of the RMT actually wants.
Baroness McIntosh of Pickering (Con)
My Lords, could my noble friend update us on what will happen to the scheduled £6 million improvements to York station, which we understand cover both track and signalling? Will she give a guarantee that these will go ahead despite the strikes?
Baroness Vere of Norbiton (Con)
My noble friend raises a very important point here, because the Christmas period is always a time when the rail sector endeavours to make important improvements, such as the one that she noted. Some of these improvements are safety upgrades. I really want those to go ahead, and the situation is therefore deeply disappointing: Network Rail will try and make as many of the changes as it can, but to be striking over a period when there are so many engineering works planned is not only disruptive to passengers in the long term but may of course be dangerous.
Lord Watts (Lab)
My Lords, can the Minister explain why it is wrong for public sector workers to try and maintain their living standards at the same time that corporate bosses and bankers are filling their boots with excess profits and extra pay? Can she explain the difference between the two?
Baroness Vere of Norbiton (Con)
My Lords, let us focus a little on the railway workers themselves. I have the utmost respect for the work that they do. During the pandemic, the Government supported the rail industry to an enormous amount. In fact, it was not the Government: it was the taxpayer. The amount was £31 billion, which is equivalent to £300,000 for every single worker in the industry. Not one of them lost their jobs and, even more, not one of them was even furloughed. The railway sector now needs to modernise. We need a seven-day railway and, in return for that modernisation, it is right that the Government have put a reasonable offer on the table. We believe that there should be a referendum among RMT members about that offer.
Baroness Foster of Oxton (Con)
My Lords, a number of us travel a great deal on the railways, and we are aware that there is now some disquiet with some members of the RMT about the situation that they are in. Many people do not know that members of the RMT do not receive strike pay, which is quite common in many other unions, so they are penalised every time they take a day off on strike and lose a full day’s pay. There is no remuneration at all. There is an offer on the table, and these negotiations have been going on for several months, so does my noble friend the Minister agree that we should put that offer to those workers themselves? Then we can determine whether the offer on the table is sufficient or not.
Baroness Vere of Norbiton (Con)
My noble friend is of course completely right. As the frequency of strikes has increased as we head towards Christmas, and of course over the special period that is Christmas itself, it is absolutely right that we ask the workers—or indeed that the RMT chooses to ask its workers—whether they can really afford this around Christmas, and to think about their long-term career within the railways and the damage being done to the ridership of the railways. We are going to see even lower demand than we did before. It is not going to make for a long-term sustainable solution.
Lord Tunnicliffe (Lab)
My Lords, I congratulate the Minister on an open and refreshingly clear acknowledgement that only Ministers set the pay and conditions for railway workers, and that only they can unlock the deal. Will she urge her ministerial colleagues to get around the table and enter intensive negotiations to solve this dispute and find a deal to end the rail strikes?
Baroness Vere of Norbiton (Con)
It is no secret at all that the Government work with the train operating companies and Network Rail to shape these deals. Why on earth would it be a secret? It is indeed the taxpayer that needs to fund these things. But of course the Government have facilitated many meetings: the Secretary of State has met the unions; Minister Merriman has met the unions. At the end of the day, the key to this is for negotiations to continue. My department is happy to facilitate those, but the actual discussions need to happen between the operator and the unions.
Aviation: Cost of Travel
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Baroness Hoey
To ask His Majesty’s Government what assessment they have made of the options for reducing the cost of travelling by plane from Great Britain to (1) Northern Ireland, and (2) other parts of the United Kingdom not attached to the mainland.
The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
My Lords, the Government recognise the importance of air travel for UK connectivity, and we are supporting this connectivity through public service obligations, or PSOs, and a 50% cut in air passenger duty on domestic flights from 1 April 2023.
Baroness Hoey (Non-Afl)
My Lords, I thank the Minister. Does she realise that air passenger duty will still be payable both ways, whereas when you fly out of the UK, you only pay it one way? Is she concerned about the escalating costs of flights to Northern Ireland and back? The prices are outrageous now. Dublin Airport has no air passenger duty and a huge subsidy from its Government, and you can get duty free from Dublin to London—but you cannot do so from Belfast to Mallorca because we are still accordingly in the EU. Does the Minister not realise that something has to be done if we mean levelling up? We cannot level up without a fair opportunity for people to fly within the United Kingdom.
Baroness Vere of Norbiton (Con)
There is a fair opportunity for people to fly in the United Kingdom. Indeed, in the week commencing 27 November, there were 143 flights a day between Northern Ireland and Great Britain. The provision has recovered, demand is back to 2019 levels and it is a competitive market.
Lord Deben (Con)
I understand what the noble Baroness said about Northern Ireland because that is divided by sea, but it is very difficult to understand why we have lowered the cost of internal flights when the French have banned theirs on climate change grounds, and why we have very high rail fares instead. Why did we not reduce the rail fares between England and Scotland, not the carbon-intensive air fares?
Baroness Vere of Norbiton (Con)
I am sure that my noble friend is aware that, when we reduced domestic air passenger duty, we added a new ultra-long haul distance band to ensure that the revenues to the Exchequer were maintained. It is the case that the Government have stringent and detailed plans in place to decarbonise our aviation sector, and there will be more on that to come.
Baroness Randerson (LD)
With all due respect to the Minister, she did not answer the main thrust of the question from the noble Lord, Lord Deben, which related to the availability of reasonably priced train services as an alternative to aviation. I add an additional point to his question: the train services should not just be reasonably priced; they should also be reliable, and recent debates here have proved that they are not so.
Baroness Vere of Norbiton (Con)
I know that the noble Baroness will have the opportunity to quiz me on rail tomorrow. It is the case that we want rail fares to be as low as possible. To achieve that, we need a modern, seven-day railway, which is what this Government are trying to achieve.
Lord McCrea of Magherafelt and Cookstown (DUP)
My Lords, a person recently booked a single ticket for a flight from Belfast to London which cost £420. This would be the same as the cost of a flight from London to the United States of America. There are few other modes of transport between Belfast and London, so how are families expected to pay such exorbitant prices and what real action can the Government take to assist them?
Baroness Vere of Norbiton (Con)
The reality is that this is a competitive market and fares are a commercial decision by the airlines. I have already noted that provision has recovered to where it was before. It is the case that peak-time fares will be expensive, but I believe that there are significantly cheaper fares available than the one he quoted.
Lord Forsyth of Drumlean (Con)
My Lords, this is not just a problem across the Irish Sea; it is also a problem when going to Scotland. I have just checked what the fare will be to travel from London City Airport to Edinburgh tomorrow evening one way: it is £425.46. That is ridiculous. It is not a competitive market; we do not have enough competition, which is why people can charge these exorbitant fares.
Baroness Vere of Norbiton (Con)
We have one of the most liberal aviation markets in Europe and, indeed, in the world. It is the case that, at peak times, including travelling to Scotland in the evening, flights may well be very expensive, but people who can be flexible with their time will be able to find cheaper alternatives.
Lord Soley (Lab)
I put it to the Minister that, if she wants to preserve the union of these islands, we need to remember that there are more islands than just Northern Ireland. The Scottish National Party makes great play of the fact that it subsidises visits to Shetland, but of course you cannot do that if you are English, and there is no subsidy if you go to the Scilly Isles. It is time that we started looking at a fare subsidy system throughout the UK, if we want to hold this union together.
Baroness Vere of Norbiton (Con)
It is the case that there are 17 PSOs in Scotland, and an agreement was reached between the Scottish Government and the UK Government that they would be administrated and paid for by the Scottish Government. Again, the Government are open to any local authority able to set out a business case for a PSO. We will look at that on a strategic and economic basis, and, if it makes sense and stacks up, we would be able to support it.
Baroness McIntosh of Hudnall (Lab)
My Lords, I think that some of us may be struggling to understand the Minister’s definition of “competitive”. My understanding of the term in these circumstances is that it is to do with pushing prices down, not pushing them up. It is very hard to understand how she can describe the evidence that the noble Lord, Lord Forsyth, has just put before her as evidence of a competitive market. Could she explain?
Baroness Vere of Norbiton (Con)
Absolutely. In a competitive market, if one chooses to book 24 hours ahead of a particular journey, I should imagine one is going to pay more. However, we also know that costs for the aviation sector are quite high at the moment; fuel costs are particularly high, and they have had to restaff after the pandemic. It is a competitive market because there are many providers operating from many London airports that are able to offer a service.
Lord Foulkes of Cumnock (Lab Co-op)
My Lords, I have been looking around the House as the Minister has been answering the Question, and there is a look of disbelief on all sides. No one believes that she understands what is actually happening in the country, in relation to this. The Question refers also to the islands of Scotland, as I understand it. Could she try to advise us how to get from the mainland of Scotland to some of the islands, when air fares are exceptionally high and there are no ferries, because the Scottish Government cannot build any?
Baroness Vere of Norbiton (Con)
Ah, yes, the sorry saga of the Scottish ferries—I am very pleased that that is not in my inbox for the time being. It is the case that the public service obligations operate between the Scottish islands. They are supported, so those fares are subsidised. But the point here is that it is not up to this Government to take taxpayers’ money gathered from teachers and policemen and all sorts of people to subsidise air fares where there is a competitive market. The Government simply are not going to do that. What we will allow is for new operators to come into the market, which is what we are trying to encourage, to make the market as competitive as possible.
Lord Cormack (Con)
My Lords, it certainly is the Government’s obligation to think carefully about the question asked by my noble friend Lord Deben. It is appalling that we are not encouraging people in every possible way, when we get over this series of terrible strikes, to use the railways between Scotland and England rather than to fly. There is a far better option.
Baroness Vere of Norbiton (Con)
The Government believe in choice. While we absolutely want to resolve the rail strikes as soon as possible, because they will be turning people away from the railways, which is absolutely not what we want to see, when it comes to flying we believe that it is the case that we can decarbonise aviation. That is what we set out in our Jet Zero Strategy, and that is the plan that we are going to follow.
Lord Rogan (UUP)
My Lords, the Minister on certain occasions has mentioned that it is a competitive industry. We know that some airlines have chosen to cut back services, and customers’ choice, from Northern Ireland to the mainland. What precise discussions has the Minister had with airlines, including easyJet and Aer Lingus, to find out why they are removing such services? What more can be done to ensure that leisure and business travellers to Northern Ireland do not suffer?
Baroness Vere of Norbiton (Con)
I can reassure the noble Lord that the numbers of flights per day between Northern Ireland and Great Britain are the same as they were before the pandemic. However, he is right that Aer Lingus has had to make a change to its schedule. What happened was that the Aer Lingus flights were taken up by another operator in the International Airlines Group, so there was no diminution in the number of services. We hope to see Aer Lingus back on that route soon.
Lord Watts (Lab)
My Lords, the Minister has not answered the question. Price per mile—both by air and on trains—is much higher here than in many parts of Europe. Why is that, when there is supposed to be competition?
Baroness Vere of Norbiton (Con)
There are numerous factors when it comes to that, but in Flightpath to the Future we set out the 10 points that we can do in terms of making our aviation sector as competitive as it possibly can be. We will look at airspace modernisation and slot reform, and we will look at decarbonisation—and that will bring down prices.
Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022
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Baroness Vere of Norbiton
That the Grand Committee do consider the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022.
The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
My Lords, these draft regulations implement amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978 into law. They update the training requirements for seafarers on specific types of ship and make further provision for the approval of training providers, including express powers to suspend or cancel approvals, and to make provision to allow the Government to charge for those approvals.
The STCW amendments came into force internationally on 1 January 2017 and 1 July 2018, and the draft regulations were laid before your Lordships’ House on 31 October 2022. They revoke and replace the current regulations implementing the STCW convention, the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015. As such, they restate existing regulatory provision in this area, and make new provision.
The International Maritime Organization adopted the STCW convention in 1978; it came into force internationally in 1984. The IMO is a specialised agency of the United Nations and is responsible for facilitating the development of international rules for shipping. The STCW convention and code—an integral part of the convention—contain standards of competence for seafarers internationally. Because human error is recognised as the cause of a large percentage of maritime casualties and pollution incidents, the STCW convention addresses this problem by providing minimum standards of knowledge, experience and professional competence for seafarers.
The United Kingdom is a member of the IMO and a signatory to the STCW convention, to which there are a further 164 parties, estimated to represent the vast majority of global shipping. Being a party to the convention allows the UK to issue internationally recognised seafarer qualifications, which means that UK seafarers can work on ships that operate internationally. Since its entry into force in 1984, there have been a number of revisions to the STCW convention. These latest amendments came into force on 1 January 2017 and 1 July 2018. As a party to the convention, the UK is required to implement these amendments into UK law.
The STCW convention amendments being implemented in the draft regulations relate to training for seafarers serving on ships subject to the International Code of Safety for Ships Using Gases or Other Low-flashpoint Fuels—the IGF code—and seafarers working on passenger ships. These specialised ships require seafarers to have additional training and certification to demonstrate competency appropriate to the responsibilities undertaken by those seafarers on board. This additional training will allow United Kingdom seafarers to take up employment on these ships.
These updated and improved regulations will enhance the employment opportunities for UK seafarers by ensuring a modern training and certification structure that reflects the current and future needs of shipping. This includes: clarifying the definition of “seafarer” to ensure that all persons, including non-employed crew, engaged in the operation or navigation of a pleasure vessel of 24 metres in length or over—or 80 gross tonnes or over—are subject to the regulations; clarifying the position of the Secretary of State in relation to the approval of training providers, ensuring that approvals may be suspended or cancelled where appropriate to do so by providing express provision; introducing a charge for the approval of training providers to ensure that the MCA can approve and monitor training providers who deliver the training required by the STCW convention, in line with the principle of public authorities recovering money spent on services, which would otherwise fall to the taxpayer; and, finally, providing powers to approve equivalents and alternative certification, as permitted by the STCW convention.
Enhancing safety through improving the regulatory regime for seafarers’ training will complement the department’s nine-point plan to support seafarers and introduce new powers to protect maritime workers. Furthermore, these regulations allow the UK to grow its high-quality seafarer training brand worldwide, at the same time as supporting the Government’s Maritime 2050 strategy to support quality training initiatives that raise the standards for seafarers across the globe.
The Government fully supported the development of the STCW convention amendments in the IMO, and the UK shipping industry was consulted throughout their development to ensure that they are modern and fit for purpose. The Government’s proposals for implementing the convention amendments and additional regulatory provision by way of this statutory instrument were the subject of an eight-week public consultation. The MCA has refined the proposals based on the comments received, but no substantive changes have been required.
These regulations will be made under the safety powers conferred by the Merchant Shipping Act 1995, as well as prevention of pollution powers contained in the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996. The draft regulations also make amendments to the Merchant Shipping (Fees) Regulations 2018. This is the part that allows the MCA to charge for the approval of training providers. The draft regulations are subject to the enhanced scrutiny procedures under the European Union (Withdrawal) Act 2018, as they revoke the 2015 STCW regulations, which were made under Section 2(2) of the European Communities Act 1972. The regulations do not themselves implement any EU obligations.
These draft regulations implement amendments to the STCW convention for seafarers and improve the regulatory regime by raising standards of training and education. The draft regulations will continue to allow the United Kingdom to maintain its role as a world leader in seafarer training and education. I commend these regulations to the Committee and beg to move.
Lord Greenway (CB)
My Lords, I thank the Minister for outlining these new regulations that, as she has explained, implement amendments made to the STCW convention. I think we were all taken aback by the size of these regulations; in fact, if I took time to read right through them, it might take almost as long as these regulations have taken to reach this House. We are playing catch up again, but I am pleased that we are now getting on with it, and I have no real queries with the regulations.
I see that pleasure craft are included, and I think there are limits. I cannot remember what the length and tonnage is for pleasure craft, and I have not had the time to work it out, but could the Minister tell me if it brings the Thames Clippers operating on the Thames here into the remit of these regulations?
Lord Tunnicliffe (Lab)
My Lords, I too thank the Minister for introducing these regulations. The Government are right to make further provision for the approval of training providers, including powers to remove that approval and to make provision to allow the Government to charge for approvals.
Across the world, 90% of global trade is made possible by the maritime sector, which is why it is so important that it is properly regulated. Highly skilled seafarers are incredibly important to the sector, and anybody with responsibility for safety at sea must be trained. I therefore welcome these amendments to the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers.
However, I would appreciate clarification on three minor points. First—I think this question has already been asked—the Explanatory Memorandum says:
“The impact on business, charities or voluntary bodies is estimated to be £1.6 million”.
Can the Minister provide a breakdown of this? Secondly, has the department collected information on how many other parties to the 1978 convention have implemented these amendments? Finally, just yesterday the department published new merchant shipping regulations. Should the House expect further merchant shipping legislation next year?
One or two speakers have commented on the size and thickness of the document. I compare it with the similar regulations for an airline pilot; they are substantially the same volume. In his career a commercial pilot is required to understand them all and, essentially, absorb the basic principles. This is what keeps aviation safe, and I am sure this is what will keep seafarers safe. The hazards are very similar. Aeroplanes are in the air, and therefore are intrinsically dangerous because they might meet the ground in an unscheduled way, but they can usually avoid difficult situations by virtue of their speed. Ships are much more vulnerable, in a separate way, being at sea and subject to the weather and the elements and not having the provision to run away from trouble in nearly the same way as aircraft. The responsibilities that the senior people on ships have, particularly with the enormous numbers of passengers that some ships carry, are about right.
I also heard some words which might be taken to say that somehow these standards might be reduced to facilitate more ships accepting regulation under a UK flag. That would be totally wrong. I have not read them all, but I read the process that created them and it seems that they are the right standards and that we should not move from them. They will make shipping safer, and that is an entirely good thing.
Baroness Vere of Norbiton (Con)
My Lords, I am grateful for such a fine turnout in this short debate on maritime safety standards. I will, as ever, try to answer as many questions as possible and will write with further information in due course. I will start with the comment by the noble Lord, Lord Jones, about the size of the regulations because he is right: they are a weighty tome. The reason for this is that in our discussions with the industry it was felt that revoking the 2015 regulations and putting them all in one place would be the better option rather than having some sort of supplementary regulations to the originals, which, quite frankly, may have been confusing. As the noble Lord, Lord Tunnicliffe, said, it is expected that people will read and understand these regulations, and having them all in one place is beneficial. Many of the regulations will not have changed. Seafarers also have the support of merchant shipping notices, which come from the MCA, and of their professional associations in understanding the applicability of the regulations to what they do.
A second question raised by the noble Lord, Lord Jones, was about the number of nautical colleges. There are 160 UK approved training providers and nine nautical colleges: Plymouth, Southampton, South Shields, Fleetwood, Lowestoft, Glasgow, Portishead, Shetland, and Grimsby. They take about 1,500 people a year, so this is quite a significant industry and of great benefit to the UK maritime sector. In addition to the colleges and the approved training providers, tens of thousands of safety courses go on all the time.
On the applicability of the regulations, one of the things that might be slightly missing from the discussion, and perhaps I did not explain it well in my opening speech, is that the vessels need to be seagoing—so, of course, Thames Clippers do not count, unless they have got lost, but they have high standards and I am not concerned about the level of safety on Thames Clippers. The regulations apply to pleasure vessels. They were not included in 2015 regulations, which is one of the things that these regulations fix, as is right.
I will have to write to noble Lords about whether you can crew your mate’s 24-metre pleasure vessel. I do not have any friends with a 24-metre pleasure vessel. We will have to write about whether having ad hoc people on board to help out is okay or whether they too should have the right training.
I turn to the international nature of these regulations and maritime in general; this picks up point raised by the noble Lord, Lord Tunnicliffe, and the noble Baroness, Lady Randerson. Shipping it is so amazingly global. It does not make sense for one country to set standards that are different from those of another country. The UK is very much at the forefront of improving safety and welfare for people at sea. That is why we speak to our colleagues in the IMO to make sure that these standards are appropriate.
Noble Lords may have noticed that we have included ambulatory references in the regulations. This is now becoming fairly commonplace when dealing with IMO-type regulations. It does not mean a lack of scrutiny; it means that we engage with the industry and reach agreement with the IMO to improve standards over time. I am afraid I do not have the number for the other countries that have already put this into place, but I will endeavour to find out. I will come on to the impact on the UK of the slight delay in getting these in place.
Lord Jones (Lab)
All credit to the department for furnishing this Committee with that magnificent detail.
Baroness Vere of Norbiton (Con)
The department is grateful, as is the MCA. I look forward to the next debate on maritime regulations.
Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022
Baroness Vere of Norbiton Excerpts(1 year, 4 months ago)
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Baroness Vere of Norbiton
That the draft Regulations and Order laid before the House on 20 and 24 October be approved.
Considered in Grand Committee on 30 November.