Ryanair: Afrikaans Language Test

Baroness Vere of Norbiton Excerpts

Thursday 9th June 2022 Lords Chamber

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

My Lords, the language test requirement for passengers travelling with Ryanair is not a UK government requirement. The FCDO’s post in South Africa has confirmed this via its social media channels and has been in touch with the South Africa’s Department of International Relations and Cooperation. My department has approach Ryanair for comment. As yet, we have received no response.

[Baroness Chakrabarti (Lab)]

I am grateful to the Minister for that. Like other noble Lords, she will remember that next week will mark 46 years since attempts to impose the Afrikaans language on black South African children led to the Soweto uprising. Today, in post-apartheid South Africa, Afrikaans is one of 11 official languages, and it is less prevalent than Zulu and Xhosa, so using Afrikaans to verify citizenship is as ignorant as it is insulting and discriminatory. Will the Minister and her Government explore all potential regulatory options to persuade Ryanair to the cause of common sense and decency?

[Baroness Vere of Norbiton (Con)]

When the noble Baroness raised this with me earlier this week, I thought that the entire thing was morally dubious and surely not appropriate, and my view has not changed. If a passenger is refused the right to fly despite having the correct documents and there being no other grounds for the refusal, they have the right to compensation—I encourage all such passengers to take it up—by being either reimbursed or rerouted to another destination. I completely and utterly take the noble Baroness’s point. As I said, we have not yet heard from Ryanair, and I will take this up with the Aviation Minister and the CAA to ensure that we do whatever we can to make it see sense, frankly, in this matter.

[Lord Purvis of Tweed (LD)]

My Lords, the South African Government have recognised that this is not UK government policy, and I also recognise that. But, as the Minister said, Ryanair operates under licences, part of which states that the company has to be in good repute. It is not in good repute if it is, in effect, in breach of Article 14 of the European Convention on Human Rights for discrimination on the basis of language. It is also not in good repute if it gives this whole country a poor reputation among international travellers. Will the Minister not seek to persuade Ryanair or ask it for comment but rather demand a reply? If that is not forthcoming, will she ask the regulator to take action?

[Baroness Vere of Norbiton (Con)]

I wholly expect that we will get a reply from Ryanair, although our relationship with it has not always been as open as one would like. But the civil aviation consumers and markets group within the CAA is already looking at this and is in contact with Ryanair, so I will not make any further comment at this time, before those conversations have resolved themselves.

[Viscount Waverley (CB)]

My Lords, since the Minister is minded to engage with Ryanair, might she or one of her colleagues ask whether Gaelic will be a prerequisite for Irish passport holders to fly to Dublin?

[Baroness Vere of Norbiton (Con)]

I am not sure I can commit to doing that, although I do recognise that Ryanair is based in Ireland. There are a number of people, organisations and Governments involved in this entire sorry debacle that could put pressure on Ryanair to make it see sense.

[Lord Reid of Cardowan (Lab)]

My Lords, did the Minister have the opportunity this week to listen to or watch the debate on the Irish language regulations coming to this House? Irrespective of what view people took on that, one thing is very obvious: the great sensitivity of issues concerning language, particularly in Ireland at this moment. Is it therefore not ironic that this crass move should have been made by Ryanair? When she is exchanging comments with Ryanair, could she bring this to its attention?

[Baroness Vere of Norbiton (Con)]

I am not sure there is much more I can add to that. I entirely agree with the noble Lord.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, this is not the only example of Ryanair, and indeed other airlines, treating passengers in a cavalier manner over the last few days. What action are the Government now taking? Only the Government can work together with the airlines, airports, air traffic control and all the others involved to try to make sure that passengers are treated like human beings and not animals.

[Baroness Vere of Norbiton (Con)]

I warmly invite the noble Lord to a QSD that will take place in your Lordships’ House at about 3 o’clock today. I will be going into great detail about what the Government are doing in terms of our work with the airports and airlines. It is the case that it is not every single airline and airport, but there is much we can do with the entire sector regarding skills, recruitment and training, and we are working on that. We recognise that there are challenges for the sector, and the Government are going to step in to do what they can.

[Lord Tunnicliffe (Lab)]

Given the uniformity of view on this question, may I probe the Minister a little further? Can she tell us what powers the Government have to force Ryanair to take a more enlightened view?

[Baroness Vere of Norbiton (Con)]

As I said, I am probably not going to go much further than I already have, because we have yet to hear back from Ryanair. A number of noble Lords have recognised that the CAA, as the UK’s regulator, may well be able to assist Ryanair in reaching the right decision.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, will the Minister take the opportunity provided by the British-Irish Council, which contains representatives from the British Government, the devolved Administrations, including the Northern Ireland Executive, and the Irish Government, to raise this issue immediately? If it is not possible to have a British-Irish Council at the moment because of the standing down of the institutions under the Good Friday agreement, it would be greatly appreciated if the Minister could nevertheless deal with this issue, given its importance and the need to emphasise equality in all matters in South Africa.

[Baroness Vere of Norbiton (Con)]

I will certainly take that idea away and see whether it is a route that will achieve the quickest resolution to this matter.

[Lord Berkeley (Lab)]

My Lords, following on from my noble friend Lord Foulkes’s question, could the Minister have a look at the processes at Prestwick Airport? I am told that passengers can go through without any delay whatsoever. Maybe they have got something to teach the rest of us.

[Baroness Vere of Norbiton (Con)]

If we are talking about specific experiences at specific airports, I landed at Gatwick on Friday afternoon and 30 minutes later, I was standing outside waiting for my minicab. The point is that it is not happening at all airports at all times. There are certainly peaks when things are falling over a little, and that is the thing we really have to tackle. As I say, the Government are well aware of the issues and we are looking to see what we can do.

[Lord Harris of Haringey (Lab)]

My Lords, I am not sure the Minister answered my noble friend Lord Tunnicliffe’s question very satisfactorily. He asked what the Government are able to do under those circumstances. Are we to understand that the Minister’s department made inquiries of Ryanair without being clear what its back-up position was, or indeed what powers it has in this respect?

[Baroness Vere of Norbiton (Con)]

No. Clearly, we need a response from Ryanair because we cannot always believe what we read in the media, so that is our first step. Of course, the CAA has already issued a statement and as the UK’s regulator and the body that issues licences, it will be looking closely at this.

Electric Vehicles: Supporting Access

Baroness Vere of Norbiton Excerpts

Monday 6th June 2022 Lords Chamber

[Baroness Worthington]

To ask Her Majesty’s Government what consideration they have given to mitigating the impact of the increase in the cost of living by helping those who are most dependent on their car as a mode of transport through supporting access to electric vehicles.

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

My Lords, we want people across the country to have the opportunity to switch to electric vehicles. In many cases, EVs are already cheaper to own and run than a petrol or diesel equivalent. Even with recent trends in electricity prices, EVs benefit from lower fuel costs than their petrol and diesel equivalents.

[Baroness Worthington (CB)]

My Lords, I declare an interest as a board member of the independent transport research group New AutoMotive. I thank the noble Baroness for her Answer. Just this weekend we have seen that fuel prices have again spiked by 3p a litre, and it is true that the running costs of an electric vehicle can be up to 80% cheaper per mile. It is therefore absolutely imperative that the people who need to make the switch and who have no affordable alternatives but to use a car must have access to electric vehicles. Could the Minister comment on whether the Government have looked into the possibility of making zero-interest loans available for those who travel the most miles? What more can be done in the forthcoming ZEV mandate regulations to help get the right cars into the hands of those who need them the most?

[Baroness Vere of Norbiton (Con)]

My Lords, the Government are doing an enormous amount to make sure that the take-up of electric vehicles is as swift as possible. We have introduced plug-in grants, we will be spending £1.6 billion in total to support charging infrastructure, and there are favourable tax elements relating to zero-emission vehicles. At the moment, the Government do not have any plans to introduce a specific zero-interest loan scheme for the purchase of electric vehicles, although there are various loan schemes on the market that people may wish to look at. On the zero-emission vehicle mandate, we are currently conducting a technical consultation on the design parameters for the mandate, which is open until 10 June.

[Lord Berkeley (Lab)]

My Lords, the noble Baroness said that it is cheaper to run electric vehicles, but that rather depends on the price that people have to pay for buying the current. Would she agree that those who are in most need of cheaper vehicles will probably be paying the highest price for their electricity, depending on where they get it from? In addition, when will she insist that all the plugs and sockets for the different makes of cars are interchangeable?

[Baroness Vere of Norbiton (Con)]

The noble Lord was quite right to say that it depends on where people get the electricity from. It is the case that, for many people who are able to charge at home using off-peak electricity, prices can be as low as 2p per mile for the running costs of an electric vehicle. However, the Government are very cognisant of the fact that we need to introduce charging infrastructure in more places other than peoples’ driveways, which is why we reformed the Electric Vehicle Homecharge Scheme in April 2022 to provide more help for those in flats and in buildings owned by others.

[Lord Oates (LD)]

My Lords, further to that answer, can the Minister tell the House how the Government justify the fact that households with off-street parking are able to charge their electric cars at the reduced VAT rate of 5% while households without off-street parking, which are often on lower incomes, are required to pay the standard 20% VAT rate? What does the Minister intend to do to fix that?

[Baroness Vere of Norbiton (Con)]

I will write to the noble Lord about those differences in VAT rates, that being a matter for the Treasury and one on which I am not briefed today. However, I would say that the Government have announced a local EV infrastructure fund pilot of £10 million, which will look at technically and commercially innovative proposals coming from local authorities to help those people who do not have driveways to be able to charge their cars near their home.

[Lord Howell of Guildford (Con)]

My Lords, the noble Baroness, Lady Worthington, is quite right that more access to electric cars would be very nice. However, in the immediate situation, for those who cannot afford to buy an electric car, or a new car at all, does my noble friend agree that the quickest and cheapest way to get down the cost of oil, gas and transport—with a knock-on for food and inflation as well—is for much more oil and gas to be pumped into global markets quickly? Did she notice that, last Thursday, the meeting of OPEC sounded much more co-operative about doing just that and having a major impact on prices? Does she welcome that?

[Baroness Vere of Norbiton (Con)]

Energy security is a priority for Her Majesty’s Government. Great Britain already has highly diverse and flexible sources of gas supply and a diverse electricity mix.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, car clubs often use electric vehicles and offer the benefits of clearing our roads, fewer miles and cleaner air. Have the Government done anything to benefit car clubs since 2014, when the noble Baroness, Lady Kramer, announced £500,000 for them?

[Baroness Vere of Norbiton (Con)]

The Government are hugely supportive of car clubs. To be honest, they benefit from various government measures. For example, people using car clubs can use the chargers, the rollout of which the Government are supporting across the country. We do not have any specific proposals for financial support for car clubs, but we welcome them and think they have a core part to play in future.

[Lord McLoughlin (Con)]

My Lords, I declare my interest as chairman of Transport for the North. Will my noble friend outline what the Government are doing to work in partnership with the private sector to ensure that we have much more rollout of availability of superchargers throughout the country, to give confidence to people who already own or are thinking of purchasing an electric vehicle?

[Baroness Vere of Norbiton (Con)]

My noble friend is absolutely right: it is not up to the Government alone; it must be up to support from both the Government and the private sector. That is why the Government are investing, alongside the private sector, in a £400 million fund for charging points. To date, between the Government and industry, we have supported more than 30,000 publicly available devices.

[Baroness Randerson (LD)]

My Lords, a recent Which? report pinpointed the problem of the lack of interoperability between multiple payment systems for EV charge points. It is nothing short of sharp practice that EV owners have money tied up in what are effectively useless apps and cards—I say “useless” because so many charge points are out of commission. The Government have the power to insist on the use of ordinary credit and debit cards at EV charge points, so that paying is easy. Why have they done nothing about that so far?

[Baroness Vere of Norbiton (Con)]

The Government accept that reliability is absolutely key when it comes to EV charging. We will look at minimum reliability standards for charge points and hold poor-performing operators to account; we are looking at mandating a 99% reliability metric across the rapid charging network. We will regulate for minimum payment methods, such as contactless, and payment roaming at new charge points over 7.1 kilowatts. We will also look at retrofitting existing charge points over 50 kilowatts.

[The Lord Bishop of Chichester]

My Lords, can the Minister indicate whether the Government will pay particular attention to promoting access to electric vehicles in rural areas, which are already disadvantaged by a lack of adequate public transport?

[Baroness Vere of Norbiton (Con)]

The Government feel that the take-up of electric vehicles should be countrywide. The key thing about rural areas is making sure that they have appropriate access to charge points. We are aware that rural areas are more poorly served than their urban equivalents, which is why we are looking carefully at the amount of support we can give to local authorities. For example, so far, 157 local authorities have applied to the On-Street Residential Chargepoint Scheme—I wish it were more—and we expect 11,000 charge points to be rolled out with this scheme. I really do think that there is an opportunity for rural local authorities to grasp the financial support that the Government have made available.

[Lord Moylan (Con)]

My Lords, quite apart from the cost of electricity, does my noble friend accept that many people in this country are reliant on cars with a price point of roughly £15,000? That would not buy you an electric battery, let alone an electric car. Are the Government not in danger of pricing large numbers of people out of car ownership altogether?

[Baroness Vere of Norbiton (Con)]

My noble friend is right that many people do not buy any vehicle. Indeed, fleet operator businesses represent around half of the new vehicles purchased in this country. It is important that those vehicles then come into the secondary used car market once they have ended their useful life within businesses. That happens after around three years, so we expect a number of zero-emission vehicles to come into the used car market in due course. We recognise that there are probably not enough of them there now, but that is just a function of time. We can work with fleet operator businesses and get them to buy new zero-emission vehicles, which will then come into the used car market.

[Lord Tunnicliffe (Lab)]

My Lords, does the Minister accept that, because of the paucity of public transport outside London, many workers—including quite low-paid ones—are absolutely dependent on a motor car? Does she also accept that the private sector, which is so praised in the department’s latest guidance, does not have a good record of making sure that facilities such as this are provided at reasonable cost? Is it an objective of the Government to make sure that people who have cars for their work today will be able to afford and run them in future?

[Baroness Vere of Norbiton (Con)]

The noble Lord raises a number of issues. It is worth pointing out that the private sector has been incredibly successful in the rollout of energy sources in the past. I do not believe that previous Governments would mandate petrol stations in certain places, nor spend billions of pounds supporting their introduction, but we are very clear that we will support the introduction of charging points. On public transport, I beg to differ: this Government are investing billions of pounds of both capital and revenue to support public transport in our great cities and our rural areas.

Touring Hauliers: Arts Organisations

Baroness Vere of Norbiton Excerpts

Wednesday 18th May 2022 Lords Chamber

[Lord Clement-Jones]

To ask Her Majesty’s Government, further to their announcement on 6 May regarding “dual registration” for specialist touring hauliers, what assessment they have made of the impact this will have on artists and organisations which tour in their own vehicles and operate under “own account”; and whether they have considered support for smaller hauliers operating which do not have the resources to operate dual registration.

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

My Lords, specialist touring hauliers operating under “own account” can utilise the dual-registration measure if they have a standard international operator licence, which they must apply for, and a base in Great Britain and another country. Operators will need to make their own decisions on whether they choose to do so based on business need and resources available to them.

[Lord Clement-Jones (LD)]

My Lords, this is all very much half a loaf. If a comprehensive solution is not found, the damage to the UK music industry and the events support industry will be massive. The Prime Minister has assured us that the Government are working “flat out” on the touring issue. Can the Minister assure the House that her department is urgently working on finding a wider solution, such as an exemption from cabotage for all trucks engaged on cultural events?

[Baroness Vere of Norbiton (Con)]

Certainly, the department has worked incredibly hard on this and continues to do so. We had a public consultation back in February, and we are deeply engaged with the industry, particularly the specialist haulage industry, which is so important. We know that about one in five hauliers has already set up within the EU, and many more have plans to do so. We recognise that the dual-registration system will not benefit absolutely everybody. However, it is the case under the TCA that many hauliers will be able to make use of their two cross-trades within the bilateral EU-UK movements that they can make. So it does not mean that all touring is off the table. We believe that, at the moment, we have the best possible solution, in light of the current response from the EU.

[Baroness Bull (CB)]

The Minister will be aware that, alongside cabotage, CITES and carnet regulations are adding further cost and complexity to post-Brexit touring. Last week at the EU-UK Parliamentary Partnership Assembly in Brussels, there was welcome support for my argument that, given that both sides say that they offered a deal that the other rejected, it means that we have common cause—and it is an issue that we could, in fact, resolve quickly, unlike some of the more complicated issues on the table. Does the Minister agree and, if so, will the Government consider a cultural exemption for all three Cs—cabotage, carnets and CITES—as the most practical solution to a problem that we all want to resolve?

[Baroness Vere of Norbiton (Con)]

The noble Baroness raises some important points, and I shall ensure that my department and the Government make sure that we make the most of the areas where we already have agreement. However, I am afraid that we know that the EU will not accept greater amounts of cabotage.

[The Earl of Clancarty (CB)]

My Lords, does the Minister acknowledge that there is a precedent in the temporary cabotage exemption negotiated for international hauliers working in the UK to provide support for supply chains while addressing the shortage of HGV drivers? At the very least, an own account exemption could be negotiated, which would be a great help.

[Baroness Vere of Norbiton (Con)]

Those two things are not the same, in that the cabotage easement that we put in place was for EU hauliers coming to the UK, which meant that they could do unlimited cabotage within the 14 days. The EU did not reciprocate; it did not change its cabotage arrangements at all for UK- registered hauliers, who can do only one cabotage movement within the EU, and one cross-trade.

[Lord Storey (LD)]

I am sure that the Minister is aware that those performers most affected are those at the lower and middle part of the industry. How will they be helped by these cabotage provisions, which will be of use only to the biggest specialist hauliers?

[Baroness Vere of Norbiton (Con)]

The cabotage conditions will, of course, apply to everybody, unless they have an EU base. As for the smaller hauliers and those operating on their own account, as I said previously, they can operate if they have the standard international operator licence. They can also get an ECMT international road haulage permit, which gives an extra cross-trade. So an organisation based in the UK could travel to the EU and do events in three separate countries, all within the current regulations.

[Lord Aberdare (CB)]

My Lords, further to the Minister’s reply to the noble Lord, Lord Clement-Jones, many orchestras have their own vehicles for touring in Europe, specially fitted out at considerable expense to meet their specific needs. As I understand it, these are now virtually unusable as a result of the own account exemption being excluded from the trade and co-operation agreement. Can the Minister enlighten me? She seemed to imply that that was not the case, whereas the orchestras concerned feel that they cannot use their own vehicles for touring in Europe.

[Baroness Vere of Norbiton (Con)]

They can use their own vehicles for touring in Europe if they have a standard operator licence. They still have to remain within the requirements set out in the TCA, which is either two cross-trades or one cross-trade and one cabotage. However, as I have said previously, they can get an ECMT permit to do three cross-trades. We recognise the challenges for those operating on their own account, because they have to operate within those particular requirements. However, if they are of a significant size, they may wish to set up an organisation in the EU, and then they would have slightly greater, although not unlimited, flexibility—but it might be helpful.

[Lord Tunnicliffe (Lab)]

My Lords, it seems to me that the Minister is saying that the Government have done as much as they intend to do. It is equally clear from the industry press that the industry feels that this is a really serious problem for small and medium-sized performers. I do not understand the industry very well, but I would imagine that big bands come from little bands and that the importance of the industry over time is that the small successes are able to grow. Surely this whole situation is sufficiently serious for the department to continue pressure to try to devise a system that works for the smaller operators.

[Baroness Vere of Norbiton (Con)]

My Lords, I reassure all noble Lords that we have thought long and hard about this. We have engaged with the EU but, when we did so, the exemption for specialist hauliers was rejected. Our door remains open for discussing alternative exemptions. There is a limit to what we can do on a unilateral basis. This was the best idea that came up both from my officials working on this and from our consultation with industry—68% were in favour of this. When it comes to smaller operators and those operating on their own account, the other option would be for them to go into partnership with an EU haulier and thereby provide that continuity across the system.

[The Earl of Kinnoull (CB)]

My Lords, I back up what the noble Baroness, Lady Bull, was saying about a good body of opinion among the MEPs that we met at the Parliamentary Partnership Assembly last week, which was very sympathetic to this problem. It is very much a problem designed to be discussed by the trade-specialised committees of the trade and co-operation agreement. Can the Minister tell us which specialised committee will be tackling it and when that committee will next meet?

[Baroness Vere of Norbiton (Con)]

Unfortunately, I will have to write to the noble Earl; I do not have that with me today.

[Lord Hannay of Chiswick (CB)]

My Lords, the Minister suggests that things are getting better, but we are starved of any information about the damage that has been done to this sector over the last two or three years. Would she be so kind as to provide the House with some statistics showing how many of these operators have been able to tour and have got cabotage rights, carnets and so on over the last, say, four years? That would be a great help.

[Baroness Vere of Norbiton (Con)]

It is a very complex picture. As I mentioned earlier, one in five has already set up with an EU base and a further 6% plan to do so. However, as I also mentioned, it is the case that many tours can already go ahead depending on how many different stops that particular event will have within the EU. If I can find any further details from the industry, I will certainly write to the noble Lord.

[Viscount Stansgate (Lab)]

My Lords, further to the Minister’s answer to the noble Lord, can she give any encouragement or hope to youth orchestras? It is not just professional orchestras that are finding it difficult to tour. Youth orchestras are vital for the experience gained by the young people—I admit that both my children spent years touring and playing all over Europe and had enormous experience with the Stoneleigh Youth Orchestra—but I fear that these in particular are falling completely by the wayside. Can the Minister offer any hope or encouragement for them?

[Baroness Vere of Norbiton (Con)]

I am not aware that there is a particular issue here for youth orchestras. Like any orchestra, if a youth orchestra does not have its own vehicles, it can of course contract with an appropriate haulier which is able to operate within the regime that is set up in the UK and in the EU. It will depend on the sort of tour that youth orchestras want to do and how many countries they will be visiting as to the rules and regulations and which licences will need to be held by the haulier with which they choose to contract.

[Lord Clement-Jones (LD)]

My Lords, is the gist of what the Minister has said today that everything is satisfactory and nothing further needs to be done?

[Baroness Vere of Norbiton (Con)]

I completely reject that—that is not what I am saying at all. The Government absolutely recognise that the measures that we have put in place help the sector and mean that a large proportion of the UK industry can continue to operate, but we acknowledge that not all specialist operators will be in a position to establish a base overseas. As I have said before, our door remains open; we would wish to discuss this with the EU but so far, unfortunately, it has not wanted to do so.

Queen’s Speech

Baroness Vere of Norbiton Excerpts

Wednesday 11th May 2022 Lords Chamber

[Lord Sherbourne of Didsbury]

That an humble Address be presented to Her Majesty as follows:

“Most Gracious Sovereign—We, Your Majesty’s most dutiful and loyal subjects, the Lords Spiritual and Temporal in Parliament assembled, beg leave to thank Your Majesty for the most gracious Speech which was addressed to both Houses of Parliament”.

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

My Lords, on behalf of your Lordships’ House, I thank His Royal Highness the Prince of Wales for delivering the gracious Speech, and I am grateful for the privilege of opening today’s debate on the Motion for an humble Address.

Today, I shall outline the Government’s plans for a world-class transport network and our plans to spread opportunity across our country by using landmark legislation to level up jobs, homes and high streets. My noble friend Lord Greenhalgh will close what I am sure will be a lively debate, full of important contributions from all sides of this House. I am particularly looking forward to the maiden speech of the right reverend Prelate the Bishop of Guildford.

Even before Covid-19 disrupted lives and livelihoods, the Government made it clear that the economic divides which exist across the country have persisted for too long and that while talent is universal, opportunity is not. Levelling up means changing this once and for all so that we can meet these challenges head on and achieve greater prosperity and connectivity after the pandemic. Only by building on the unique strengths of every city, town and village in the UK can we grow our economy and address the cost of living, and few things transform the prospects of an individual, a community and, indeed, an entire nation more than a modern, well-functioning transport network. Transport gives people the opportunity and means to get on and access jobs, education and training. Transport investment can be the spark which regenerates entire regions, attracting businesses and boosting housing development across the country, and given that transport is the biggest source of our domestic greenhouse gas emissions, the entire sector will play a crucial role in achieving our 2050 net-zero target.

The Government were elected on a reforming platform and our proposed legislation is bold and ambitious. Our transport Bill will deliver new, modern and more sustainable railways fit for the country that created them. Despite the enormous benefits of privatisation which saw the doubling of passenger numbers and the quadrupling of government investment, it has long been clear that major, industry-wide change is needed. This Bill will give us the powers to deliver the Williams-Shapps plan for rail, the biggest reform to our railways in a generation. It will create Great British Railways—GBR—a single national leader and the new guiding mind for the railways, which will contract private operators to run train services for passengers. GBR will drive efficiencies and economies of scale, while arresting the spiralling costs associated with the current model. The Bill will allow GBR to replace franchising with new passenger service contracts, which will free up and incentivise operators to focus on improving the passenger experience and delivering reliable services.

Importantly, the transport Bill will not only improve the railway journeys of today but pave the way for the travel choices of tomorrow. Take electric vehicles, or EVs. The number of EVs sold in April was 40% higher than in the same month last year. EVs are often cheaper to own, run and maintain than their petrol and diesel equivalents, which can save drivers hundreds of pounds a year. They are also our best bet to help reduce the source of around 20% of domestic emissions.

But the success of this transition will depend on the rollout of charging infrastructure. The Bill will help achieve the aims of our recently launched EV infra- structure strategy. It will ensure that local authorities not only plan and deliver EV charging strategies but address private charging for those living in multioccupancy buildings.

Another emerging trend is automation. The Bill will place the UK at the forefront of self-driving vehicle safety. It is a market set to be worth nearly £42 billion by 2035, creating 38,000 skilled jobs. But this is possible only through comprehensive legislation, which will enable the Government to set new safety standards and assign legal responsibilities to protect users of self-driving vehicles, as well as those on the streets around them.

We will establish new legal entities to take responsibility for vehicles that drive themselves. In the event of any issues, this will prevent the occupants of the vehicles being unfairly held to account. The legislation will also ensure that the vehicles remain safe throughout their lives, and that they serve all parts of society when used in public transport networks.

Technology has also led to changes in how the taxi and private hire vehicle industry works—for example, through booking apps available on mobile phones. We will modernise the law to ensure that the same minimum standards are met by drivers across England to gain or retain a taxi or private hire vehicle licence, and we will enhance licensing authorities’ existing compliance and enforcement powers. These changes will create a level playing field and make journeys safer for all passengers.

Safety is also at the heart of our plans to create a regulatory framework for smaller, lighter, zero-emission vehicles, sometimes known as e-scooters. Their popularity is clear, and new rules are needed to improve safety and crack down on illegal use while unlocking innovation and growth in this emerging multi-billion pound industry. To that end, it is our intention that the Bill will create a low-speed, zero-emission vehicle category that is independent from the cycle and motor vehicle categories. New powers would allow the Government to decide the vehicles that fall into this new category in future and how they should be regulated to make sure that they are safe to use. We hope that e-scooters will be the first of these vehicles.

The areas of the transport Bill that I have highlighted only scratch the surface. Our Bill will go far beyond road and rail; it will cover important proposals for maritime and aviation too.

All noble Lords will be aware of the recent shocking actions of P&O Ferries in sacking 800 of its workers without notice or consultation, via a Zoom call. The Secretary of State for Transport pledged to bring in new legislation to close the loopholes that P&O Ferries exploited and ensure that seafarers earn a fair wage. The harbours (seafarers’ remuneration) Bill will give UK ports new powers to make it a condition of entry for ferry services to pay the equivalent of the national minimum wage to seafarers while in UK waters. That includes surcharging operators that cannot prove that they pay such a wage and ultimately suspending them from access to the port.

The Bill will also require ferry operators to have access to all relevant details of employment terms, even if they do not employ the crew directly. For too long, workers at sea have lacked the benefits and rights of those working on land. This legislation will finally put that right.

Transport is just one way of reducing inequality and narrowing economic divides. Levelling up requires a government-wide mobilisation to refocus on the communities and people left behind for too long, and to lift all underperforming areas closer to the UK average. We can now set out exactly how we will deliver on this defining pledge.

The Levelling-up and Regeneration Bill will enshrine into law the 12 levelling-up missions, covering themes such as pay and productivity, eradicating child illiteracy and innumeracy, and getting more people into skills training. We will allocate billions of pounds of investment via our shared prosperity, levelling-up and towns funds to improve local services, support high streets and upgrade local transport. Through this Bill, we will lay the foundations for all of England to have the opportunity to benefit from a devolution deal by 2030, giving local leaders the powers they need to drive real improvement in their local communities. We will hold our own feet to the fire, with accountability and transparency at the heart of the Bill. It will introduce a duty on government to report on the progress of these missions every year until 2030.

We will also provide a much-needed shot in the arm for the millions of people who are living in damp, cold and dangerous rented homes. They deserve a much fairer deal, and our renters reform Bill will, for the first time, apply the decent homes standard to privately rented homes to require landlords to ensure the homes they rent out are fit for purpose. It will also go further, by giving tenants the security needed to raise a family and plan their life without the looming threat of unfair no-fault Section 21 evictions.

It will not surprise your Lordships’ House that our social housing sector is in urgent need of reform as well. The introduction of the social housing regulation Bill could not be more timely. Social tenants deserve a better settlement, and the Government are committed to giving it to them, with an overhaul to tip the balance in their favour. Through the Bill, we will introduce new, stronger regulations that deliver the kind of consumer regulatory regime which can increase the quality and safety of homes. The Bill will also prioritise transparency so that social housing landlords can be properly held to account by the Regulator of Social Housing and by tenants who have, for too long, had their complaints ignored. The social housing regulation Bill is a key part of our plan to level up housing across the country and deliver for tenants by halving the number of non- decent rented homes by 2030.

In addition, the Government are committed to reviewing and simplifying the business rates system in the country. The non-domestic rating Bill will deliver that and help businesses and employees grow their productivity by making improvements to their places of work.

We will also deliver another manifesto commitment of this Government: to stop public bodies adopting their own approach to international relations through the foreign affairs (economic activity of publicly funded bodies) Bill. This Bill does exactly what it says on the tin, preventing public bodies pursuing boycott, divestment or sanctions campaigns against foreign countries or territories, with the obvious caveat being when these campaigns align with UK Government foreign policy. Ukraine has made clearer than ever the need to present a united front when it comes to foreign policy, so through this Bill we will prevent that being undermined by independent foreign policies sponsored by taxpayers’ money.

[Lord Foulkes of Cumnock (Lab Co-op)]

Can the Minister indicate whether that will apply to the Scottish Government?

[Baroness Vere of Norbiton (Con)]

I am probably not going to be drawn into that matter right at this moment, but I am sure that my noble friend Lord Greenhalgh has taken that comment to heart—and the buck has been passed. My noble friend will get back to the noble Lord.

The legislation we have set out will allow us to build a world-class transport system that delivers, day in, day out, for passengers while supporting our wider economic recovery. It also fundamentally reorientates the whole of government’s focus on those communities and places that for too long have been left behind to give people the economic and political tools to improve the places in which they live, to build a fairer country and to ensure that all parts of the UK can fire on all cylinders.

High Speed Rail (Crewe–Manchester) Bill

Baroness Vere of Norbiton Excerpts

Wednesday 27th April 2022 Lords Chamber

Moved by

[Baroness Vere of Norbiton]

That if a High Speed Rail (Crewe–Manchester) Bill is brought from the House of Commons in the next session of Parliament the Standing Orders of the House applicable to the bill, so far as complied with or dispensed with in this session, shall be deemed to have been complied with or (as the case may be) dispensed with in the next session.

[Lord Berkeley (Lab)]

My Lords, I would like to speak very briefly to this Motion. I emphasise that I am not suggesting that I oppose it; it is a normal procedure Motion, and it should in my view carry over. However, I want to raise two issues of some concern about the progress of a Bill that will start in the other place and eventually come here.

First, I detected serious disagreements between different authorities in the Midlands and the north about what is in the integrated rail plan and the present Bill, which concerns Crewe to Manchester. There were quite public disagreements, and I am not sure how they can be resolved, but they clearly do need resolving to meet the objective—which the Government have rightly followed —of prioritising east-west improvements in the Midlands and the north. I am hoping that the noble Lord, Lord McLoughlin, who has just been appointed chair of Transport for the North, will be able to help with this.

My other concern is over budgets. The integrated rail plan budget of £96 billion was designed to set out the rail improvements that need doing as well as HS2, but it includes the HS2 budget. If you deduct from that £96 billion what is already going to be spent on HS2 from London to Crewe, there is actually no money left at all for other projects. That is really serious from the point of view of the people in the north and Midlands who want improved east-west connections. One of the main questions is whether the Manchester terminal for HS2 should be a surface station or underground so that you can carry on through to other places. I think the second option is more important and modern. But that is not the point; it needs agreement between all the parties.

One of the problems with a hybrid Bill is that once Second Reading has been agreed in the other place, it is very difficult—in fact, almost impossible—to make any changes. I know that some colleagues from all parts of the House of Commons would like to kill the Bill. This would be a very great shame. I am not saying I support what they are doing. It would be a shame to kill it, because so much work has gone into it.

I think it would be useful if the progress of the Bill were paused until there were proper agreement between all these authorities and the Department for Transport about what is really wanted. Is there a sufficient budget to achieve it? If that were to delay things by a few months, so much the better. It is difficult to start a Bill in the other place at this stage when one, if not more, of the major mayors in the area is highly critical of what is being done. I hope that this can be resolved. I am sure the Minister will have some views on this and I look forward to her comments.

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

My Lords, I simply do not recognise many of the noble Lord’s concerns, particularly around things such as budgets. I am well aware of his feelings about the HS2 project. We have had many conversations and debates, both in your Lordships’ House and beyond, about it. His views are well known. I am not surprised that the noble Lord has raised these issues in the manner in which he has done, and I am sure that he would like to see the Bill paused—but it is not going to be.

This hybrid Bill will probably take three to four years to complete its parliamentary passage, which is perfectly normal for a hybrid Bill. The noble Lord raised important issues about getting people to agree and understand. The petitioning process is part of that process, to ensure that we make people as happy as we possibly can in the context of building a very substantial transport infrastructure project. So, no, the Bill will not be paused and I beg to move.

Motion agreed.

West Coast Main Line

Baroness Vere of Norbiton Excerpts

Wednesday 27th April 2022 Lords Chamber

[Lord Snape]

To ask Her Majesty’s Government what plans they have, if any, to replace Avanti Trains as the principal operator on the West Coast Main Line.

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

My Lords, the department is currently in discussions with Avanti West Coast, as per the prior information notice first issued in October 2020, about a subsequent direct award. A decision will be made later in the year.

[Lord Snape (Lab)]

My Lords, I thank the Minister for that not-too-helpful response. Does she regret the replacement of Virgin Trains by this particular organisation? Does she agree with me that the problem of national rail contracts is that, under the present system, they are, in effect, cost-plus contracts? There is no incentive on train operating companies either to run trains or to provide a decent service, something this particular company has taken advantage of. Will she send Avanti a short message—how about, “Arrivederci”?

[Baroness Vere of Norbiton (Con)]

I am grateful to the noble Lord for that. I also am aware that he has written to Avanti West Coast citing his concerns. It has no record of any correspondence from him; however, the managing director is very happy to speak to the noble Lord—perhaps he can say that Italian word at that meeting. It is the case that both for the ERMAs and the national rail contracts, there are very firm incentivisation elements. For example, Avanti earns a fee based on performance and, for the six months to March 2021, it was judged as getting a score of one for customer experience—that is the lowest, not the highest. Therefore, because it got the lowest, it got no fee for that element. So there is incentivisation, and we hope to make it better because we want to see excellent customer service across our railways.

[Lord Goddard of Stockport (LD)]

My Lords, I shall ask the Minister a straight question. If she came to this Chamber 17 minutes late to answer these questions, how does she think the House would feel? If she was summoned again at 9 pm with a Statement from the other place and she was 38 minutes late, does she think that we would be impressed with that performance? Those were the train delays on my journey from Stockport to London on the Thursday before we broke for Easter. That is by no means a one-off—the timetable is fantasy island. The morale of staff is at an all-time low. Until last week, they were wearing Virgin uniforms—three years on—with the badge cut off. The morale of staff is down, the service to customers is poor and I see no reason for carrying on with this franchise.

[Baroness Vere of Norbiton (Con)]

My Lords, had I turned up late to the Dispatch Box, obviously I might have had to resign—but not today. It should be remembered that we understand that there have been various issues relating to services. We work extremely closely with all the train operating companies, as the customers come back to the railways, to make sure that they run on time. There has been an issue around cancellations regarding staff-related absence, but we are working through that and things are improving. Of course, part of having these contracts in place means that we will be able to get better service for customers.

[Lord Berkeley (Lab)]

My Lords, I have heard the same stories as my noble friend about the pretty appalling customer service from Avanti, and I reflect on the fact that the present structure seems to require the Treasury to micromanage everything—even if Network Rail wants to paint the railings on a station, it has to get Treasury approval. This is probably not a very efficient way of working. Can the Minister assure the House that, when we hear details of the Great British Railways, which is going to save us all from appalling services, that will be taken into account and somehow there will be some delegation and authority for the railways to run on their own with incentives and not too much bureaucracy?

[Baroness Vere of Norbiton (Con)]

I absolutely agree with what the noble Lord has just said. Of course, the Great British Railways transition team is already focused on delivering improved services for customers and driving revenue recovery. At the moment we know that passenger demand is about two-thirds of what it was pre-pandemic. It is looking very closely at boosting strategic freight again which is really important and developing this whole 30-year vision for how we want our railways to operate in the longer term.

[Lord Lexden (Con)]

If my noble friend had time during the period of the Prorogation, perhaps she could think of undertaking a journey, heavily disguised, on this unfortunate and benighted railway and reporting her experiences to the House when we resume.

[Baroness Vere of Norbiton (Con)]

I am always very happy to take the train. When I take my local train, I am actually always pleased with the service, although I look around and see that there are not as many passengers on it as I would like to see. I think that is one of the biggest challenges we face. We have the railway infrastructure and operating companies which have historically been operating at much higher passenger levels and we have to look at how we are going to adjust the railway in the future, maintaining excellent customer service but also good value for money for the taxpayer.

[Lord Jones (Lab)]

Will the Minister acknowledge the great importance to the Welsh economy of the Holyhead to London Euston route, acknowledging that there are not many highly skilled or well-paid jobs in north-west Wales? Can the Minister indicate when the pre-Covid rate of service might be reconstituted, particularly the hourly service that existed from Chester to Euston which has been much emaciated? Can she help?

[Baroness Vere of Norbiton (Con)]

I do not think that I would be able to stand here and commit to every single service coming in the same form as it was pre-pandemic, because life has changed and the reasons why people are travelling by rail have also changed. Avanti West Coast started off with four trains per hour plus extra peak trains. Back in February, that went up to six trains per hour—on 28 February—and then as we approach the summer timetable which comes in in May, we will be up to seven trains per hour and eight on key hours. That will improve the service to Chester and, I hope, to north Wales.

[Lord Polak (Con)]

My Lords, it is always easy to complain and make comments, but yesterday I was on an Avanti train from Euston to Liverpool, where my mother was having an operation. I waited until she was conscious and therefore I missed my train, which I had booked at 2.47 pm. I would like the Minister to agree with me and call out the train manager at Liverpool Lime Street on the 3.47 pm Avanti train. When I explained my situation, that I had missed my train, he said, “Don’t you worry whatsoever. Go and sit down.” It was great customer service, and I would like to call that out.

[Baroness Vere of Norbiton (Con)]

I thank my noble friend for that contribution and I have nothing further to add.

[Lord Tunnicliffe (Lab)]

My Lords, can we go into this Avanti contract a little more? Modern Railways magazine, which tends to be an authoritative magazine in the industry, says that Avanti will be taking over the service on a national rail contract on 16 October. Can the Minister confirm that that is true? When does she expect to actually conclude the contract with Avanti? Can she explain what revenue risk, if any, Avanti will be taking? Will she perhaps illustrate what other risk Avanti will be responsible for? The key question, I think, given that there is not going to be a competitive process, is: how do we know we are getting value for money?

[Baroness Vere of Norbiton (Con)]

Avanti already has an emergency recovery measures agreement, which was awarded to First Trenitalia, which is Avanti, in August 2019. That was initially for seven years, so the national rail contract we are currently negotiating with Avanti will replace that. It will start on 16 October if negotiations reach an appropriate point. We will not award the contract if it is not right to award the contract, because, of course, there are alternatives. As for the revenue risks, obviously these contracts operate as all rail contracts do, whereby the Government take on the revenue and the costs; however, the train operating companies do annual business planning every year, which has to be agreed with the department. On that basis, within that, there are various performance measures that have to be met, and that is how we are able to control the railway and ensure companies are delivering value for money.

[Lord Vaux of Harrowden (CB)]

My Lords, I use the Avanti West Coast every week and, frankly, the customer service is pretty good. It has introduced standard premium, which is a vast improvement, with at-seat ordering, et cetera—I think it is pretty good. But can the Minister tell me about what is laughably called TransPennine Express, which has been on strike for weeks now every Sunday? What are the Government doing to bring the strike to an end?

[Baroness Vere of Norbiton (Con)]

Yes, I am aware that the TransPennine Express is subject to some industrial action. Of course, we are working very closely with the train operating companies, and we hope to bring that strike to a resolution as soon as possible.

Taxis and Private Hire Vehicles (Disabled Persons) Bill

Baroness Vere of Norbiton Excerpts

3rd reading
Tuesday 26th April 2022 Lords Chamber

[Lord McLoughlin (Con)]

My Lords, I pay compliments to my right honourable friend Jeremy Wright MP, who started this Bill off in the House of Commons. I was privileged to serve with Jeremy in the Whips’ Office in the Commons from 2007 to 2012. He then went on to become Attorney-General, so this Bill will perhaps have had more legal pondering than most Private Members’ Bills put before the House. It makes an important contribution and I hope it gives some comfort to disabled people that they will be treated the same throughout the whole of the United Kingdom, irrespective of whether their local authority has done, or been able to do, the registration in the past. The Bill is the right move forward; I am just very sorry that it was not done in the four years that I was Secretary of State.

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

My Lords, about one in five of us is disabled and we know that disabled people rely on taxis and private hire vehicles more than most. That is why the Bill is so important and why the Government have given it their full support. If disabled people are more likely to rely on taxis and private hire vehicles for everyday journeys, instances of discrimination will have a much greater impact. The Bill goes a long way in helping to reduce that impact. I am enormously grateful to all those who have made it happen: my noble friend Lord McLoughlin, for his leadership in your Lordships’ House; my right honourable friend Jeremy Wright, for his expertise in leading it through the other place; all noble Lords who contributed to the debate; and, of course, the team of dedicated officials in my department. The Bill has received cross-party support and I am very grateful that it should pass today.

Bill passed.

Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022

Baroness Vere of Norbiton Excerpts

Tuesday 26th April 2022 Lords Chamber

Moved by

[Baroness Vere of Norbiton]

That the draft Regulations laid before the House on 7 March be approved. Relevant documents: 29th and 34th Reports from the Secondary Legislation Scrutiny Committee. Considered in Grand Committee on 25 April.

Motion agreed.

Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022

Baroness Vere of Norbiton Excerpts

Monday 25th April 2022 Grand Committee

Moved by

[Baroness Vere of Norbiton]

That the Grand Committee do consider the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022.

Relevant documents: 29th and 34th Reports from the Secondary Legislation Scrutiny Committee

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

My Lords, the regulations before the Committee today meet a commitment made by the Prime Minister in the 2020 policy statement Gear Change: A Bold Vision for Walking and Cycling to give local authorities outside London powers conferred in Part 6 of the Traffic Management Act 2004 to enforce contraventions of moving traffic restrictions. These powers are being commenced to coincide with these regulations, which are due to come into force on 31 May. The regulations before the Committee today form part of a package: an affirmative statutory instrument and a negative one. I shall refer to the former as the appeals regulations, and it is these are being considered by the Committee today.

The appeals regulations consolidate the rights of representation and appeal which have been in place England-wide since 2007 for vehicle owners who are or may be liable to pay penalty charge notices—PCNs—in respect of parking contraventions. They also extend those rights to disputed bus lane and moving traffic PCNs outside London. However, noble Lords should also note the negative procedure instrument: the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022. This instrument includes wider provisions for evidence, penalty charge notices, adjudication, penalty charge levels, and income and expenditure.

This regulatory package, introduced under Part 6 of the Traffic Management Act 2004, consolidates existing legislation. At the same time, it makes powers available to local authorities outside London to issue PCNs for contraventions of safety-critical moving traffic restrictions, such as no entry, banned turns and unlawful entry into box junctions. From now on, local authorities wanting to undertake moving traffic enforcement may apply for formal designation of these powers to enable enforcement to begin in practice by using CCTV cameras that have been certified by the Secretary of State. We plan to lay an order designating the first group of LAs as soon as practicable and will lay further orders as demand dictates.

When using these powers, local authorities have a duty to act fairly. These regulations therefore make provisions entitling drivers who are or may be liable to pay penalty charges for contravening certain traffic restrictions, including the moving traffic restrictions, to make representations to the enforcement authority and, if their case is rejected, to appeal to an independent adjudicator against the penalty charge. The regulations prescribe the information that must be given when a penalty charge is imposed about the right to make representations or appeal against that charge. The regulations also prescribe time limits for each stage of these processes, within which both the motorist and the local authority must respond, and create an offence of knowingly or recklessly making false representations under these regulations or in connection with an appeal.

I assure noble Lords that these regulations merely extend long-established provisions for motorists wishing to dispute parking penalties to the forthcoming civil enforcement regime for moving traffic contraventions. To create parity across the board outside London, we have also used this opportunity to repeal the bus lane enforcement regime, in place since 2005 under the Transport Act 2000, to create a single enforcement regime under the 2004 Act; that includes bus lane enforcement. It was always envisaged that this would happen soon after the 2004 Act was introduced.

By doing so, we have removed some of the inconsistencies in the legislation. Motorists challenging bus lane penalties will therefore benefit from representations and appeals provisions not previously available to them. These will apply to all contraventions. For example, they can challenge a penalty charge on the grounds of “procedural impropriety”. There will also be an express duty on local authorities to consider any “compelling reasons” that the motorist gives for the cancellation of the charge; express powers for adjudicators to refer cases back to the local authority where there are no grounds to allow the appeal but the adjudicator considers that the authority should reconsider whether the appellant should pay all or some of the penalty; and a requirement for the authority to respond to representations within 56 calendar days.

Bringing bus lane powers under the 2004 Act also has an allied benefit, in that it enables Ministers to publish for local authorities, for the first time, statutory guidance to cover all contraventions to which local authorities must have regard. This will simplify the system for the local authority so that it does not have lots of different types of enforcement considerations when it plans how to operationalise them.

However, I am clear that civil enforcement of moving traffic contraventions—or, indeed, of any traffic contraventions —should be a last resort. If contraventions are preventable through other means, such as improvements to road layout or traffic signing, I expect this to be done before enforcement is considered. We will issue statutory guidance to ensure that local authorities use these powers correctly.

Before enforcement can begin in practice, local authorities must apply to the department for an order by means of a letter to the Secretary of State. To ensure due diligence, designation of a local authority will be conditional on them having already consulted local residents and businesses on where existing restrictions have been earmarked for enforcement, and due consideration must have been given to any legitimate concerns.

Local authorities will also be expected to issue warning notices for first-time moving traffic contraventions at each camera location for six months following enforcement going live. This will apply to any new camera location in the future. These requirements will be enshrined in the statutory guidance to ensure that enforcement is targeted only at problem sites, that road users clearly understand the new powers and that enforcement is carried out fairly.

I stress that traffic enforcement must be aimed at increasing compliance and not raising revenue. Local authorities will not have a free hand in how any resulting surplus is used, which will be strictly ring-fenced for covering enforcement costs or specified local authority funded local transport schemes or environmental measures. Neither will local authorities have a free hand in setting penalty charge levels for moving traffic contraventions, as these are banded and set out in the regulations in line with existing penalties for higher-level parking contraventions. As moving traffic and bus lane contraventions are of a type, we are increasing bus lane penalties by £10 to align with contraventions of moving traffic and higher-level parking contraventions —for example, parking in a disabled bay.

These regulations support the enforcement of moving traffic contraventions and play a key role in reducing congestion, with consequent benefits to air quality and to well-being. I commend the regulations to the Committee.

[Baroness McIntosh of Pickering (Con)]

My Lords, I have just two brief points to make. I thank and congratulate my noble friend on bringing forward the regulations this afternoon. First, I understand that there was a delay and that the statutory instruments had to be withdrawn and re-laid. I would very much like to understand why that was the case and have an assurance that that will not happen with future SIs.

My second concern relates to the Secondary Legislation Scrutiny Committee’s 29th report, dated 10 February 2022. At paragraph 40 it says:

“To free up police officers’ time, these Regulations extend the range of offences that can be dealt with by civil enforcement officers acting on behalf of local authorities, or in some cases traffic cameras.”


I would like to understand from which budget the civil enforcement officers will be taking on this work. I am mindful of the extent to which local authorities’ budgets are under severe pressure at this time.

Who will be responsible for the traffic cameras? In north Yorkshire and County Durham we have very few fixed cameras; the traffic cameras are mostly mobile. When I was an MP in north Yorkshire, I was informed, on the quiet, that in many instances there is no film in static cameras in north Yorkshire—they are just there to alarm people, in the hope that their behaviour will be reformed because they see a traffic camera in front of them. Are we relying on mobile traffic cameras, which are still the province of the police, or are there some other traffic cameras of which I am not aware?

With those few remarks, I wish the SI good speed.

--- Later in debate ---

[Lord Tunnicliffe (Lab)]

My Lords, I thank the Minister for bring forward these regulations, which I welcome. They will extend the rights of representations and appeals in parking, bus lane and moving traffic cases. I will not seek to detain the Committee for long, given that there is broad consensus on the basic principles. However, I welcome any details as to why it has taken so long to introduce these changes, given that they relate to a policy statement from two years ago.

A colleague was going to be doing this debate today so I came against the regulations only at 11.30 am. My understanding is that this is really a package made up of a commencement order that has no parliamentary procedures, a negative order that nobody has prayed against—so it will go through—and this measured affirmative order, or whatever the right term is. I hope that these regulations do a simple, uniform thing and bring the powers and appeal rights in England and Wales into a uniform piece of legislation. There are lots of nods but I would like to hear the Minister say yes to that because it would simplify how one thinks about this.

I wonder whether the Minister can offer a timeline for what flows from this package. I recognise that she may have done that in her speech but the impressive speed of her delivery was beyond my comprehension in places; I am not suggesting that she was not right and accurate, so I apologise for that. The reason I would like to see a timeline is because, as the Minister knows, the commencement of this order depends on the commencement of the negative order but I do not know when that is proposed to be. It would be useful to have on record when that will happen and when the consultation on the guidance will complete. I got the impression that the guidance might be published on the same day as the commencement. That would be unfortunate but it goes to the general issue of how motorists will know about both the offences and their appeal rights at the same time. I think the Minister said a little about how motorists will know about the offences, but knowledge about their appeal rights seems equally important.

The Committee hopes that these regulations will contribute to making the system of road traffic contraventions fairer and more effective. On broader road traffic issues, the Minister will be aware that the Government recently published an updated private parking code of practice, which caps fines at £80 in London and £50 elsewhere. Welcome as that is, unfortunately, the new code will not come into force fully until 2024. In the meantime, many parking firms are charging more than those caps permit. Does the Minister believe it is right that they are able to charge extortionate amounts before the new code of practice fully comes into force?

[Baroness Vere of Norbiton (Con)]

I thank noble Lords for contributing to this short debate. I apologise at the outset for my speed of delivery. I must slow down; I will slow down. I promise the noble Lord, Lord Tunnicliffe, that, next time I give an opening speech, I will slow down, enunciate and break for breath every now and again.

Some important points have been raised, which I hope to cover. I will write, of course, because I suspect that I will not be able to answer a couple of things in full. I am grateful for the broad welcome for these regulations. I accept that they have been a long time coming, particularly given that the Traffic Management Act was enacted in 2004. Then there was the issue of commencing Part 6. The delay in commencing that part and in putting these regulations before the Committee is partly down to the pressures of the pandemic; it has been a little busy in the Department for Transport. We wanted to get this right, recognising that it will be up to local authorities to put this into operation. They, too, have been suffering from a lack of time and resources during the pandemic.

We did crack on with it when we felt that things looked a little more positive but we had an issue with the JCSI, which was alluded to by my noble friend Lady McIntosh of Pickering. An error was discovered in the affirmative SI, which meant that we withdrew it and then re-laid it with the error resolved. It did not have an impact on the date of its coming into force, so it did not have an impact on the whole process of what was going to happen, but we are grateful to the JCSI for its work on finding the error because it would have been unforgivable for that to have got on to the statute book.

On the issues relating to the JCSI vires, I might write with a little more detail, perhaps to explain why we slightly differ from the JCSI and how we propose to respond to it. I believe that we will make some changes at the earliest opportunity; potentially, there is an opportunity to make a change in the first designation order, which will come soon.

On the point raised by my noble friend Lady McIntosh on resources, cameras and the gubbins that will have to be in place to operationalise these regulations, we know that some places have already put them in place. We know that London already does it but, let us face it, London is not really like everywhere else. But one might look at Cardiff. For example, in Wales, the Welsh Government commenced the Part 6 powers back in 2013 and, to date, Cardiff City Council and Carmarthenshire have acquired the designation of those powers. In Cardiff, we have a little bit of visibility about how they did it, how much it cost them and what the impact was on their budgets. The council’s latest Annual Park and Traffic Enforcement Report for 2018-19 confirms the following. For the first full year of enforcement, which was actually 2016-17—it is a little while ago, but that was its first full year, and it is the most up to date that we have—it ended up with a combined income of around £3.4 million and a total expenditure of £5.6 million, including parking. We estimate that it probably spent around £3.7 million on bus lane and moving traffic enforcement. So that was a deficit of about £0.3 million. We would expect that, in most circumstances, after the first year when things have settled down, you would end up with a surplus. As I explained in my opening remarks, that surplus can be used only on very specific things.

There is also the issue to consider, if a local authority is putting something in place, that we have said that within the first six months there will be warning notices rather than fines to be paid for any individual attracting a contravention at a particular camera. So that will reduce the income. It is also worth recognising that many of the set-up costs will be one-off costs. There will be ongoing maintenance costs for the CCTV, but they will usually be one-off costs, which can be met more than over just the first year. On the flip side, we know that costs will be mitigated somewhat by the slight increase to the bus lane penalties.

In general, in our new burdens assessment, we suggested that there was no additional burden to local authorities by implementing these regulations, and the Local Government Association did not object to the new burdens assessment. So I think either it will work out cost neutral or there will be a surplus which, as discussed, will be used only for certain areas. I take the point about some sites being very non-compliant and therefore attracting large numbers of fines. Of course, we will make it clear in the guidance how local authorities should deal with those sites. We want the cameras to be in problem sites but, clearly, there will be areas where they can improve their highways layout or, indeed, their traffic signage to make people understand exactly what has happened.

To go back to my noble friend’s question about cameras, those that are used for moving traffic contraventions must be certified by the Vehicle Certification Agency. We have very specific cameras that are certified by the VCA, and we certify cameras at no charge to the LA—the department bears the cost. We have a specific fund from which we draw down. But it is local authorities that are responsible for paying for the cameras and then putting them in place, so it is up to them.

That slightly leads on to the point raised by the noble Baroness, Lady Scott. The guidance that we will complete will set out all sorts of things in relation to operating these regulations appropriately. I have mentioned those areas where there is lots of contravention. We have worked closely with the sector on the development of the detailed statutory guidance. We have had input from a wide range of stakeholders, including the motoring groups—the RAC and the AA have been very involved—and local government: the Local Government Association and local councils. We have also been in touch with and talked to active travel groups, including Sustrans, British Cycling and Living Streets, as well as the British Parking Association and the Traffic Penalty Tribunal. Clearly, we have to get this guidance right. We need to make sure we have the right level of enforcement and in the right places.

Highway Code (Rule 149)

Baroness Vere of Norbiton Excerpts

Wednesday 6th April 2022 Lords Chamber

Finally, what exactly are the Government’s intentions about publicising the changes we are discussing? Against which criteria would the Government judge whether such a publicity or advice campaign had been successful or otherwise achieved its objective? My feeling—which may of course be wrong—is that the Government have done far too little to publicise sufficiently recent changes in the Highway Code and the reasons for them and their purpose. I am sure that this is one of the issues which has prompted the regret Motion that we are discussing this evening.

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

My Lords, I thank my noble friend Lady McIntosh for enabling the opportunity to discuss this important issue and broader issues around road safety and micromobility, including e-scooters—to which I will probably come back in a letter, as I suspect that it is slightly beyond the scope of what we are discussing this evening. A lot of very important issues were raised, and I want to ensure that I cover them in detail.

Road safety is a key priority for the Government. We are constantly reviewing laws and deliberating over policies that can make our roads safer, and also feel safer, for all road users. The recent changes to rule 149 of the Highway Code fall firmly in the former category of constantly reviewing our laws. The changes to the Highway Code arise from a change in the law when the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2022 came into force on 25 March this year. The regulations broaden the offence of using a hand-held mobile phone while driving, so that it now captures drivers who use their phones for stand-alone or offline functions, as well as the interactive communication functions that had previously formed the parameters of the offence. Once the law had changed, it followed that users of public highways should know about it. Therefore, rule 149 of the Highway Code was duly amended to reflect the change.

This change will make it much easier for the police to enforce the offence. No longer will the police have to prove what the driver was doing on their phone; they will simply have to be satisfied that a driver was indeed using their phone while driving to impose the appropriate sanction. This should act as a substantial deterrent to those who might be tempted to pick up their phone and risk not only their own life but the lives of other road users. As my noble friend Lady McIntosh has confirmed, nothing in the Motion we are debating today implies a criticism of or opposition to the changes in those regulations as reflected in rule 149, but rather a concern about the timing of the update to the Highway Code to reflect that change in law, and how this law deals with users of other modes when they use hand-held mobile phones.

I turn first to the nature and timing of the changes to the Highway Code. The Highway Code needs to keep pace with change and should be updated as necessary for two reasons: first, to reflect changes in the law—as is the case in the update to rule 149—as and when they happen, but clearly not before because the law must have already changed; and, secondly, to reflect changes in how our roads are used. An example of this was the recent change to the hierarchy of use to ensure that vulnerable road users are protected from those who have the capacity to cause more harm. It is not always possible to align these alterations exactly, due to the statutory process that we are required to follow to update the Highway Code as set out in the Road Traffic Act 1988. As noble Lords will know, changes to the Highway Code are laid before your Lordships’ House, and indeed are laid in Parliament for 40 days, before they actually come into law. There is always a process which must be gone through.

Furthermore, sometimes a consultation may precede a change in law or a change to the Highway Code, and consultation feedback needs to be thoroughly analysed. This can further lead to uncertainties as changes are resolved through the correct and proper process post consultation and on publication of the consultation response. Sometimes the public may be under the impression, through media coverage, that something is already in place when actually it is just the noise about the consultation that has alerted road users to what might be happening.

Given how technologies are changing and revolutionising the way people think about how they travel and the sorts of devices they use—including new micromobility devices—we anticipate that there will be further changes to the Highway Code that are not yet in the formal pipeline but are certainly being considered by the department. One such example would be how we will change the code to reflect automated vehicles. We have already consulted on this, and we are considering at the moment exactly how that change will be reflected in the code. It is sometimes not a quick process, because we absolutely have to get it right.

Where it is possible and would not hold up progress unnecessarily, we would endeavour to align changes. But, of course, we had changes in January to the hierarchy of road users, and then changes two months later—it was not two weeks, because we had to lay the changes and then they had to be approved by Parliament—which could come into force only if the law had been changed. However, the law had not been changed by your Lordships’ House or the other place; we were dependent upon that law change. Had the law not been changed, obviously we could not have changed the Highway Code. So, we will continue to change the Highway Code as and when we see fit.

I say again that we will try to combine changes if it is appropriate and there is no risk that it would hold up a change because, for whatever reason, another change does not proceed as appropriate. But I feel that a succession of changes demonstrates how seriously we take road safety in the department and the breadth of work that we are undertaking to ensure that all road users are as safe as they can be, particularly given the changes resulting from a change in usage around the e-scooter trials and cycling, but also to reflect that we are more cognisant nowadays of the vulnerabilities of certain road users.

Adopting this so-called piecemeal approach also has a secondary benefit. As the Minister responsible for this, I feel that sometimes it is quite difficult to communicate these changes. We spend a lot of time and quite a lot of money thinking about how we will communicate changes which pertain to a specific area. If we are making changes to a specific area—such as mobile phones, or motorways and high-speed roads, as we did last year—it is much better and easier to tell the travelling public how we have changed the code and what it means for them. I feel that there is a secondary benefit to focusing on one type of change at a time, because it gives us this ability to hone that message, rather than having a more general message—which, I am afraid, the media would probably not be interested in—of “Check the Highway Code: it has changed”. So, I think that this approach has a lot of benefits.

Of course, we always think about how we communicate, and communication is never a one-off: when we change the Highway Code, it does not mean that we stop communicating a few weeks later because we think that everybody knows about it. That never happens. We always think about where our most vulnerable people need to be advised on elements of road safety. We will do this ad infinitum, and always do.

My noble friend Lady McIntosh expresses regret that the Government have not taken the opportunity afforded by the recent law change to extend the dedicated offence of using hand-held mobile phones to cyclists and e-bike riders. Cyclists and e-bike riders tend to be covered by other laws. The laws that we have changed most recently are under the Road Traffic Act, which tends to cover vehicles. However, like all road users, cyclists and e-bike riders are required to comply with many road traffic laws in the interests both of their own safety and that of other road users, and we reflect that in the Highway Code. So, it is not a specific offence to cycle and use a mobile phone or headphones, but cyclists and e-bike riders can be prosecuted by the police for careless and dangerous cycling, with maximum fines of £1,000 and £2,500 respectively.

So, cyclists must concentrate on what they are doing. I am always appalled when noble Lords stand up in your Lordships’ House and tell me about things that have happened to them on the road, and I am always rather embarrassed that I have not been able to stop it—but I do not stop trying. It is really important that we do not demonise all cyclists. There are some bad apples out there, and we need to make sure that they are held to account. Indeed, my noble friend Lady McIntosh raised the tragic incident which happened to Mrs Briggs. I know that this is an area of concern to her, and we too want to ensure that we crack down on reckless cyclists. We launched a review exploring the case for a specific dangerous cycling offence, and we are looking at what we will do next and will publish our response shortly. Just to put the record straight on e-scooters, it is the case that an e-scooter user falls under the regulations, and it is an offence to use a hand-held mobile phone on an e-scooter. They can be fined, and they could also get six penalty points.

I said that I will write on broader issues around e-scooters, because a lot has been raised. I will also write regarding my noble friend Lord McColl’s point about one-way streets.

On the point about guidance, there were two different types of guidance. We felt there was some confusion with the general guidance to the public, with people saying, “Can I still use my mobile phone if it’s in a cradle?” That was the confusion we wanted to try to mitigate, but we expect police forces and other enforcement agencies to update their own guidance. They do not need us to do it for them, quite frankly; they are very capable.

I reiterate that we do not feel that our approach to the Highway Code has been incorrect. In the circumstances we were presented with, it was important to choose specific topics and put them into the Highway Code when they were ready, or when either the law had changed or the consultation had reached its natural conclusion. We will continue to do so, but of course we will combine changes if it makes sense to do so. The next big change probably will be automated vehicles. I can also update noble Lords: a new hard copy of the Highway Code is available for purchase for £4.99 at all good shops and online retailers. It was published on Monday 4 April. I imagine there will be a subsequent amendment later this year, particularly if we get automated vehicles through, but again we cannot take anything for granted so we would not want to wait until then to make any further changes.

For the time being, I thank all noble Lords who took part in the debate and my noble friend Lady McIntosh. I will certainly write.

[Baroness McIntosh of Pickering (Con)]

I am grateful to my noble friend for her responses and to everybody who has spoken. We have had a passionate cyclist and a number, myself included, who feel more vulnerable to cyclists, e-scooters and other road users.

I was taken by the comments of the noble Baroness, Lady Jones of Moulsecoomb, about how cycling injuries had gone down. One of the reasons for that—and I do not know whether it was through the Highway Code—was that, because of Covid, thankfully cyclists were not allowed to cycle in clumps on country roads. I think that has prevented a lot of accidents.

I look forward to seeing how automated vehicles will respond to reckless and furious cyclists, e-bicyclists and e-scooters, but we live to fight another day.

I am very grateful for all the contributions. I am sure my noble friend is aware that we take great interest in every change to the Highway Code. I thank the Government for this one. I regret once again that it does not extend to vehicles other than motorised vehicles, but I do not intend to press this Motion to a vote. I beg leave to withdraw the Motion.