P&O Ferries

Baroness Vere of Norbiton Excerpts

Tuesday 5th January 2021 Lords Chamber

[Lord Newby]

To ask Her Majesty’s Government whether they have held any discussions with P&O Ferries about the discontinuation of the Hull-Zeebrugge passenger ferry.

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

My Lords, I recognise the concern that the loss of the Hull to Zeebrugge route has caused. My colleague the Maritime Minister, Robert Courts, met P&O Ferries on 15 December, when he raised the closure of the route. This is a commercial matter for P&O and, although the local impacts are very regrettable, I am satisfied that our national freight resilience has not been compromised.

[Lord Newby (LD)]

My Lords, it may be a commercial matter for P&O, but when it closed the route P&O said it was doing so in light of the Covid pandemic. Given that the Government are spending literally billions of pounds to run very large numbers of almost entirely empty trains up and down the country, do they not think they should be pressing P&O to keep this route open? This route is not a luxury but is crucial for the flow of tourism from France and elsewhere in Europe, which the north wishes to see reinstated as soon as possible when restrictions are eased.

[Baroness Vere of Norbiton (Con)]

My Lords, although the loss of this route is regrettable, in present circumstances, with passenger traffic severely constrained, it would not be in the public interest, nor fair to other operators, to maintain empty capacity there at public expense. There continue to be services for both passengers and accompanied freight from Hull to north-west Europe through Rotterdam and freight services to Zeebrugge from the Humber.

[Lord West of Spithead (Lab)]

My Lords, ferries are the lifeblood of many communities around the United Kingdom, and the Government have trumpeted a new shipbuilding strategy—at the moment, without any new ship orders. The noble Baroness has highlighted to me before in this House the Government’s push to reduce merchant ship emissions as part of the green revolution. To focus on just one of the many opportunities that I think there are to pull these threads together, I ask her to encourage the Government to replace the almost 50 year-old Scilly Islands ferry, which will soon not be able to run at all, with a new, green ship—I do not mean its colour, of course—to be built at Appledore, a very efficient and capable West Country shipyard with currently no work whatever, ensuring the continued future link between the mainland and the Scillies and killing three birds with one stone.

[Baroness Vere of Norbiton (Con)]

I thank the noble Lord for his question, which is slightly beyond the remit of what we are discussing today—but never mind, I will take his suggestion back to the department. The department is very keen to make maritime more green and it is the case that the ferry service to the Isles of Scilly is a lifeline service. It is essential that it continues, and it should do so in the greenest ships possible.

[Baroness Wheatcroft (CB) [V]]

The Minister said that the local consequences of the decision to close this route were “very regrettable”. In Hull, they are more than very regrettable. Hull has the highest unemployment rate in the country, along with Blackpool, so can she say how much strategy is being put into deciding not just which jobs will be kept open but where jobs will be kept open? As part of the levelling-up agenda, Hull is clearly in need of help.

[Baroness Vere of Norbiton (Con)]

I agree with the noble Baroness that it is very important that we make sure that job losses are kept to an absolute minimum, and I understand that that is indeed the case. The Government remain committed to Hull being one of our key ports within England; it is the 13th largest port in the country. It should be noted that there remain daily sailings to Rotterdam from Hull and that, in general, Hull will remain a very strong local economic area.

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, will my noble friend give us a commitment today that the Government will do all they can to reinstate a ferry service that would be viable at the first available opportunity? Will she equally ensure that the spare capacity now in Hull will be used for freight, to increase freight capacity from the north and ease the bottleneck at Dover?

[Baroness Vere of Norbiton (Con)]

My noble friend will be aware that there are currently 19 routes going from the east coast of England across the North Sea. Plenty of freight routes are already in existence and therefore I do not believe the loss of this route will have a significant impact on freight, as I have said. However, it is worth delving a little more deeply into the viability of this service. Tourists—cars and passengers—have been declining on this service since 2014, and substituting that loss with freight did not compensate the business sufficiently. Also, the ships on this route are ageing and economically obsolete. I fear that this service was not in it for the long term in any event.

[Baroness Randerson (LD) [V]]

Quite recently, the Government were happy to fund a ferry-less ferry company, but now they seem unwilling to help a well-established service. The Minister has said that there are plenty of freight routes but, at the point when hauliers are grappling with the new post-Brexit bureaucracy, should not the Government be doing everything possible to broaden ferry options rather than reduce them?

[Baroness Vere of Norbiton (Con)]

As I explained to the previous questioner, there are already several—indeed, 19—routes that freight can take across the North Sea, and those will continue. I therefore do not see that the concerns of the noble Baroness have any merit at all. The Government also have government-secured freight capacity; as she mentioned, these ferries are for category 1 goods and will be needed if there are any problems at the short straits.

[Lord Rosser (Lab) [V]]

It is clear from the Minister’s answers that the Government did nothing to try to persuade P&O’s owners in Dubai not to pull the plug on the long-standing Hull-Zeebrugge service. Will the Government take into account P&O’s decision to withdraw this service, and thus not back Britain and its employees at this critical time, when deciding in future whether to award any taxpayer-funded contracts or other financial support to P&O?

[Baroness Vere of Norbiton (Con)]

The Government did not do nothing; they had conversations with P&O, which operates many ferry routes in the UK. It reached its decision based on the factors I have set out. However, when we were at the height of the pandemic for the first time round, the Government supported this route to see whether it could be viable in the long term, funding it to the tune of £1,272,000. Despite this funding, it has become clear that the medium-term viability of this route is simply not there.

[The Lord Speaker (Lord Fowler)]

I call the noble Lord, Lord Loomba. Lord Loomba? No? I call the noble Lord, Lord Wallace of Saltaire.

--- Later in debate ---

[Baroness Vere of Norbiton (Con)]

I thank the noble Lord for allowing me to reconfirm, following the many times I have already done so, that the Government believe that there are freight and passenger services already operating from the east coast to the EU which will be able to support Yorkshire and the whole of the north.

[Viscount Waverley (CB) [V]]

My Lords, more generally, what measures can the Government advance to ensure that the UK’s distribution arteries, both inbound and outbound, are not held hostage to the commercial vagaries of the private sector—and the public sector, for that matter—and that marketplaces and strategic destinations are not only kept open but added to, as necessities now dictate?

[Baroness Vere of Norbiton (Con)]

The noble Viscount will know that the maritime sector is an extremely well-developed and highly competitive private sector. The Government work very closely with it; we endeavour to intervene when there are problems, but on the whole we do not. For example, we worked very closely with the ports recently when there was a 15% increase in year-on-year container capacity. That is now beginning to resolve itself. Furthermore, we also provided £200 million in one-off grants to support ports through the port infrastructure fund. There are things we can do, but in general the maritime sector remains a private sector.

[The Lord Speaker (Lord Fowler)]

My Lords, the time allowed for this Question has elapsed.

Freight Industry: Delays

Baroness Vere of Norbiton Excerpts

Thursday 17th December 2020 Lords Chamber

[Baroness Randerson]

To ask Her Majesty’s Government what discussions they have had with organisations representing the freight industry about arrangements to ensure that delays at (1) ports, and (2) airports, are avoided.

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

My Lords, the Department for Transport regularly engages with stakeholders within the freight industry. The Cabinet Office’s border and protocol delivery group has been working closely with the sector on delivering the required preparations for the end of the transition period, including new customs procedures for freight.

[Baroness Randerson (LD) [V]]

The Sevington lorry park, designed to relieve queues of around 7,000 lorries on Kent motorways, will not be ready until the end of February. Meanwhile, the Government have rejected a funding bid from Dover port for more passport checkpoints to reduce queues. The Government have had three years to prepare for Brexit. Can the Minister explain how they have got themselves into such a chaotic mess? Why have they refused Dover funding for essential infrastructure, and what will be the impact of these two government mistakes on food supplies?

[Baroness Vere of Norbiton (Con)]

Very briefly on the port infrastructure fund, 41 ports will be getting support. There were bids totalling £450 million and the pot was only £200 million, so some places were disappointed, but Ministers and officials stand by to address concerns.

The Sevington site will open as planned on 1 January to manage traffic, should there be disruption. As always, you would expect the Government to have a plan B, and that is why customs checks will take place at Ashford Waterbrook and transfer to Sevington in due course.

[Lord Empey (UUP)]

Will my noble friend tell the House what arrangements have been made in ports on the west coast of Scotland and England for the examination of some goods travelling to Northern Ireland? Secondly, given that the infrastructure in Northern Ireland ports for these inspections is not yet complete, what interim arrangements have been made to avoid long delays?

[Baroness Vere of Norbiton (Con)]

My Lords, as I said, the port infrastructure fund provided funding to 41 ports, and they will be able to put various things in place. Work is ongoing with the devolved Administrations for ports in Wales, and conversations are ongoing with the Northern Ireland Executive to make sure goods travelling across the Irish Sea can do so successfully.

[Lord Davies of Gower (Con)]

On 1 January, the UK will have another frontier with the EU in the form of the sea border between Wales and the Republic of Ireland. The ports of Holyhead, Fishguard and Pembroke Dock handle more than half a million lorries and trailers crossing between Great Britain and Northern Ireland each year, and Holyhead is the second largest roll-on, roll-off port in the UK after Dover. A report in the last few days from the Commons’ Welsh Affairs Committee warned that the necessary systems and infra- structure may not be ready in time for full implementation of the new border checks. Can the Minister give an update on the capability of the checking facilities and assure those who operate in and out of these Welsh ports that the facilities are now oven-ready for 1 January and able to cope?

[Baroness Vere of Norbiton (Con)]

I reassure my noble friend that we are working closely with the Welsh Government on a cross-government basis to make sure all ports are as ready as they can be. I can also reassure him that from 1 January 2021, the UK will have autonomy to introduce its own approach to goods imported to GB from the EU. But, recognising the impact of coronavirus on businesses’ ability to prepare, the checks will be introduced in three phases up to 1 July. So, we have the ability to be flexible and pragmatic, and that is the approach we will take.

[Lord Mountevans (CB) [V]]

My Lords, I note my maritime general interests. The UK has very good ports and excellent people who have worked hard throughout the pandemic, and particularly now, to resolve current difficulties, which are not unique to the United Kingdom. The solution to some of these rests within the industry and great efforts are being made, but the Government also have an important role to play. There is scope for easements and flexibilities that can assist with the movement of goods, vehicles and trains in and out of ports: are these being followed with the greatest diligence possible?

[Baroness Vere of Norbiton (Con)]

I too pay tribute to the enormous amount of hard work going on in our ports at the moment. According to the World Shipping Council, we are currently beyond anything anyone could have predicted regarding the global container system, which is running hot. Therefore, we are doing whatever we can to support the ports. I had a call with a huge number of freight representatives yesterday, and we talked about what the Government are able to do. We have made adjustments to drivers’ hours for road hauliers who have food or food in mixed loads on the road; and, of course, we are working closely with the rail freight industry.

[Baroness Quin (Lab) [V]]

My Lords, it seems that the costs of implementing Brexit are great and bureaucracy has greatly increased as a result, which is the opposite of what we were promised. Does the Minister accept the assessment of Logistics UK that the current delays could last for months? How many people are being employed on the extra helplines for business and how are they being trained, given that the outcome of the current negotiations is so uncertain?

[Baroness Vere of Norbiton (Con)]

The outcome of the current negotiations will not impact the question of whether customs forms are needed or not. Essentially, the length and duration of any delays will depend on how quickly we can get hauliers and traders into the new regime of needing customs checks when they cross the border. This is something that happens across borders all over the world. We have 46 information and advice sites, which have had tens of thousands of visits, there is a haulier handbook, and we are working very closely with hauliers’ representatives to make sure that people are ready. We do not want to see delays continue for very long, but it really will be up to the industry to work with us.

[Lord Bradshaw (LD) [V]]

Will the Minister bring us up to date on what lavatory and welfare facilities are available for lorry drivers, who will be delayed to some extent, whatever happens?

[Baroness Vere of Norbiton (Con)]

I reassure the noble Lord that we are working very closely with the Kent Resilience Forum and, indeed, with all the operators of the various contingency elements within Kent. We are looking at this and making sure that there are sufficient lavatory arrangements, that the sites are Covid secure and that drivers’ welfare is as good as it can be.

[Lord Lilley (Con)]

Can my noble friend confirm that delays at Dover are not unusual? On average, Operation Stack has had to be implemented 11 times a year over the last 20 years. In 2015, it was in operation for 23 consecutive days and queues of 7,000 lorries built up, with delays of 35 hours. It did not bring the United Kingdom to a halt, and nor will any teething problems with the new system. It did not attract much attention from those who now weep salt tears, with almost ghoulish delight, in anticipation of any problems that may temporarily occur.

[Baroness Vere of Norbiton (Con)]

It is the case that traffic across the short straits is very frequent. There is a large volume of it and when small incidents occur, back-ups can happen. Actually, at this moment we are facing not only post-Covid freight movements but pre-holiday stock building, end of transition period stock building and increased spending on consumer goods. So, while we recognise that these factors will play an important role as we head into January, I believe that, if hauliers and traders are ready, we can minimise any delays.

[Lord Rosser (Lab) [V]]

What is the Government’s estimate of the costs to date to businesses in the UK economy of current delays and congestion at our ports such as Felixstowe, Southampton and London Gateway, which together represent 70% of container freight coming into the UK? What is their estimate of the cost of these delays to businesses and the British economy?

[Baroness Vere of Norbiton (Con)]

I am not aware that the Government have done an assessment of that, because, of course, this is not a UK domestic problem but a global issue that is happening at the moment. What would normally happen is that the peak shipping time would be in October; what has happened this time is that it has extended well beyond October and is basically unprecedented. However, as I said to other noble Lords, we are working very closely with hauliers to improve container collection and working very closely with ports to make sure that there is sufficient capacity. A number of large container ships are changing their port of destination at quite short notice, so therefore there is a huge amount to be done. It is being done by private companies—it is a private sector—but the Government absolutely stand by, ready to help.

[The Lord Speaker (Lord Fowler)]

My Lords, the time allowed for this Question has elapsed.

Heathrow Airport Expansion

Baroness Vere of Norbiton Excerpts

Thursday 17th December 2020 Lords Chamber

[Lord Blunkett (Lab)]

I wish to ask the urgent Question standing in my name, of which I have given prior notice. I draw attention to my declaration of interests on the register.

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

My Lords, on 16 December 2020, the Supreme Court overturned the earlier Court of Appeal decision and declared that the airport’s national policy statement is lawful. We will carefully consider the court’s judgment. The Government have always been clear that Heathrow expansion is a private sector project that must meet strict criteria on air quality, noise and climate change, as well as being privately financed, affordable and delivered in the best interests of consumers.

[Lord Blunkett (Lab)]

My Lords, we all have sympathy for those affected by blight in their homes and communities. However, I should like to ask the Minister a simple question: is it not time that the Government came out fighting on behalf of aviation and, as a consequence, airports? As a global trading nation, we are absolutely dependent on our connectivity, not just in terms of passengers but of freight transport. Is it not time that those who are rightly campaigning on climate change but attacking aviation daily should instead campaign for decarbonisation and safe, comfortable and sustainable travel, which can now be undertaken by technical innovation and sustainable aviation fuel?

[Baroness Vere of Norbiton (Con)]

I agree with much of what the noble Lord has just outlined. Indeed, the Government are doing many of those things he mentioned, including our recent investments in sustainable aviation fuels. The Government are optimistic about aviation. We recognise how important it is, as a connected nation, to have a strong aviation sector, which is why we are working so hard with the sector to put together recovery plans, which will be available next year.

[Baroness Randerson (LD) [V]]

My Lords, Heathrow is highly dependent on business passengers. Now that we have all discovered Zoom, industry analysts recognise that the pattern of demand will be different in future, and business demand will be unlikely to return as strongly. Is it not time to accept that the third runway is an outdated, 20th-century concept? Will the Government agree that plans for UK aviation need a total review, with climate change at the centre and emphasis not on growth in the south-east but on regeneration in the north?

[Baroness Vere of Norbiton (Con)]

My Lords, I am old enough to remember when Skype was launched and everyone thought that that would have a fundamental impact on the way in which we do business. It is the case that aviation as a whole needs to consider what demand will look like in the future. As all noble Lords know, it is a private sector supported by airports that are also largely in the private sector. We will work closely with it to make sure that we can take advantage of the demand that exists in the places that it wants it.

[Lord Rosser (Lab) [V]]

Any airport expansion must meet stringent tests on air quality, noise pollution and delivering countrywide economic benefits, and must not hamper the UK’s ability to meet our climate change obligations. However, even at present, the way in which passengers reach Heathrow and other airports is often not the most sustainable. According to the Department for Transport’s most recent statistics, just published, 57% of passengers at Heathrow arrived by car or taxi. What steps are the Government taking to support better public transport provision for those travelling to and from Heathrow, to bring down that figure? What is the Government’s current target for a reduction in that figure for those arriving by car or taxi at the airport? What is their target for reducing that figure if capacity at Heathrow is increased through the construction of a third runway?

[Baroness Vere of Norbiton (Con)]

I recall that, back when I was Aviation Minister for about five minutes, traffic management around Heathrow, both now and in the future, was a very important consideration. As the noble Lord knows, investment is being made in public transport in London that will benefit Heathrow, including Crossrail. I believe that Heathrow is considering an access charge for certain vehicles. When I last looked at this, the plans in place seemed feasible and would lead to a reduction in the number of people using cars.

[Lord Mackay of Clashfern (Con) [V]]

My Lords, perhaps I may congratulate our colleague, the noble Lord, Lord Anderson of Ipswich, on his skill in winning this appeal. I want to ask my noble friend the Minister: is it possible to make reliable estimates of the detailed consequences of the construction of the new runway, given the changes in the technology that will affect the noise and pollution from and the size of aircraft that will be in place when it comes into use?

[Baroness Vere of Norbiton (Con)]

My noble and learned friend is right to say that when making forecasts, one is always reliant on assumptions. There will be assumptions about air quality, noise levels and climate change. But it is also the case that aircraft are now significantly quieter than they used to be, particularly since the retirement of the 747s, and they are likely to be quieter in the future. When we talk about strict criteria on air quality, noise and climate change, these are limits and not targets. We always look to the aviation sector to do better.

[Lord Birt (CB) [V]]

My Lords, international flights are responsible for around 1% of total global carbon emissions, a figure likely to reduce over time with the introduction of aircraft powered by electricity, biofuels or hydrogen. Does the Minister agree therefore that Heathrow is a critical national strategic asset, not least post Brexit, and that it must be allowed to expand its capacity in line with demand?

[Baroness Vere of Norbiton (Con)]

The Government are considering the court’s judgment carefully, but I remind the noble Lord that Heathrow expansion is a project owned by Heathrow Airport Ltd and it is for the company to decide on its next steps. However, I take the more general point that aviation has a very significant role to play in our future and I welcome the steps that it is taking to reduce its carbon emissions.

[Baroness Ludford (LD) [V]]

[Inaudible.]—air pollution was a cause of Ella Kissi-Debrah’s death. I congratulate her mother on her great persistence. The levels of air pollution in her area continuously exceeded the legal limits in the three years preceding her death. The inquest found that the state had failed to act against this air pollution to bring it into line with the legal limits imposed in both EU and domestic law. Are the Government seriously going to risk the lives of other children by breaching the law even more and allowing Heathrow Airport to expand?

[Baroness Vere of Norbiton (Con)]

My Lords, as I have already stated, any expansion at Heathrow must meet strict criteria on air quality.

[Lord Haselhurst (Con) [V]]

My Lords, if the case for the expansion of Heathrow is to enable it to compete effectively with the continental hub airports such as Schiphol and Charles de Gaulle, is it not clear that, looking forward on present projections, three runways will simply not be enough? An alternative would be this. When the pandemic is over, is it not distinctly likely that airlines will be looking for smaller and more fuel-efficient aircraft with low emissions that can make many more point-to-point flights from other UK airports that will be both economic and convenient?

[Baroness Vere of Norbiton (Con)]

My noble Lord has made a number of important points and I am sure that Heathrow Airport Ltd, like all airports across the country, is thinking about potential changes to aircraft size and point-to-point rather than hub airports in the future. I am fairly sure that they will take those considerations into account.

[Lord Bradshaw (LD) [V]]

I think the Minister will be aware that any softening of the Government’s attitude towards the expansion of Heathrow will be met with a cry of dismay from the north and the regions as a signal of the Government’s abandonment of the levelling-up agenda. This is a London project driven by London and foreign interests. I urge the Government not to let it happen.

[Baroness Vere of Norbiton (Con)]

As the noble Lord knows, the airports national policy statement was approved by the House of Commons in 2018. I say again that this project is privately financed and within the private sector. Airports across the country can also use the Government’s current policy to make best use of existing runways. When we are the other side of the pandemic and have a better idea of what aviation demand looks like, it may be that some airports will want to expand in certain ways, and many of those will be in the north. Each proposal will need to be carefully considered by the relevant planning authority.

[Lord Caine (Con)]

My Lords, I welcome the Supreme Court judgment. Following the remarks of the noble Lords, Lord Blunkett and Lord Birt, will my noble friend confirm that increasing capacity at Heathrow will be a key driver of UK growth and competitiveness, as we embark on global Britain? Will the Government ensure that this happens? Furthermore, does the Minister agree that this expansion ought to complement the development of regional airports, such as Leeds Bradford, where current plans estimate benefits of between £2 billion and £3 billion to the local economy?

[Baroness Vere of Norbiton (Con)]

My noble friend is right that aviation will play a key part in the recovery and subsequent growth, as part of global Britain. There are a number of airports that have capacity at the moment and would welcome more flights. They may be able to in the future.

[Baroness Jones of Moulsecoomb (GP) [V]]

When boasting about their reduction in carbon emissions, the Government have never included aviation or shipping emissions. But the recent report of the Committee on Climate Change said that aviation should be included in the planned reduction of our 2030 carbon budget and that steps must be taken to limit aviation growth, so that expansion is dependent on a reduction of emissions. Will the Government accept that advice?

[Baroness Vere of Norbiton (Con)]

As the noble Baroness knows, recording carbon emissions is challenging, because they cannot all be attributed to a single country. There is a global agreement on the way in which they are usually reported. The noble Baroness also knows that there is headroom in our carbon budgets that is informally allocated to aviation.

[Lord Thomas of Gresford (LD) [V]]

My Lords, the Supreme Court did not give the go-ahead for a third runway, as was reported in some parts of the press. All it decided was that the Minister under a previous Government, Chris Grayling, did not act unlawfully in failing to take into account expressly the international obligations of the Paris Agreement, which were not declared as domestic policy at that time. Will this Government simply rescind the Grayling decision and uphold the Paris Agreement by incorporating those obligations into domestic policy?

[Baroness Vere of Norbiton (Con)]

The noble Lord is quite right that the Supreme Court did not give the go-ahead to anything; it simply ruled that the ANPS is lawful. What is the case is that expansion, if Heathrow Airport Ltd decides to do it, would move to the next step, which is the development consent order—that is, the planning approval that would need to happen, which itself is a fairly lengthy process.

[Lord Moylan (Con)]

My Lords, even with two fully operating runways, Heathrow imposes an intolerable noise burden on local communities, well in excess of safe WHO standards. With a third runway, this will only get worse. In the light of that, may I tease my noble friend into saying what thought the Government might have given recently to the prospect of a new hub airport, located well away from human habitation to the east of the capital?

[Baroness Vere of Norbiton (Con)]

My Lords, it is Christmas, but I will not be teased. The noble Lord raises the question of noise and it is a good point. I have already noted that aircraft are quieter than they used to be, but this is an appropriate time to mention airspace modernisation. This programme, which will happen over the next few years, will make sure that aircraft can land and take off on a steeper trajectory, which should have noise benefits around airports.

[The Deputy Speaker (Lord Haskel) (Lab)]

My Lords, the time allowed for this Private Notice Question has elapsed.

National Bus Strategy

Baroness Vere of Norbiton Excerpts

Wednesday 16th December 2020 Lords Chamber

[Lord Bradshaw]

To ask Her Majesty’s Government what plans they have for the National Bus Strategy for England to address the impact of traffic congestion on the operation of buses.

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

My Lords, the Government are committed to publishing a national bus strategy next year, and we are working closely with local authorities and bus operators to ensure that buses play a significant role in connecting people, helping the economy to meet our net-zero ambitions and improving air quality. We will also implement the moving traffic enforcement powers under Part 6 of the Traffic Management Act 2004.

[Lord Bradshaw (LD) [V]]

I thank the Minister for that reply. Much serious delay is caused to buses by roadworks. Are these being properly managed by local highway authorities, and are the penalties for non-compliance with agreed arrangements appropriate?

[Baroness Vere of Norbiton (Con)]

My Lords, roadworks have been quite a focus for the Department for Transport over recent months. It is the case that nearly all local authorities operate a permit scheme for undertakers to have access to the road when they want to dig it up, and they have powers to co-ordinate those works and to charge the undertakers when the works are not done in time. Not only that, the department has set up the Street Manager system, which is a digital service that puts all the information about roadworks in one place. It is open data that is available to bus companies, so they can see where roadworks are taking place.

[Lord Young of Cookham (Con)]

My Lords, the first traffic lights in this country were installed outside the Palace of Westminster in 1868, since when the technology has improved; they can now detect an oncoming bus and go green. What more can my noble friend do to promote this capability so that more buses arrive on time and we improve the reliability of this important form of transport?

[Baroness Vere of Norbiton (Con)]

My noble friend is quite right that we have come on in leaps and bounds since 1868. In the first instance, many buses have transponders fitted to them, which will communicate with the traffic light controller and can cause the light to change. However, newer technology uses GPS tracking rather than transponders; again, that can communicate with traffic lights, but it can also provide real-time bus information, which can be made available at bus stops.

[Baroness Deech (CB) [V]]

Will the Minister ensure that the national bus strategy takes a more constructive and comprehensive approach than just focusing on cutting down on private cars? Buses are held up by delivery and service vans, necessitated by the growth in London population, unwanted cycle lanes and empty Uber cabs circulating, unco-ordinated roadworks and wider pavements. The Boris buses in London and elsewhere are unhealthily sealed shut, with no ventilation and no doors open to allow getting on and off, and this, too, must change.

[Baroness Vere of Norbiton (Con)]

As the noble Baroness will be aware, transport in London is the responsibility of the mayor, so I shall not go into great detail on that. However, she has raised a really important point, which is that road-space reallocation is going to be one of the key features as we try to decarbonise our transport landscape and balance the needs of car users, delivery drivers, bus users and, of course, cyclists.

[Lord Snape (Lab) [V]]

Is the Minister aware that the National Express route 11 in Birmingham is reputed, at 26 miles, to be the longest urban bus route in Europe? In 1979, the journey would timetable at two hours and 10 minutes; by 2020, that had increased, due to congestion, to three hours and four minutes. Would the Minister consider the enjoyment of joining me for a three-hour journey around Birmingham’s ring road on the number 11? Alternatively, can I persuade her to visit the recently opened Regional Transport Coordination Centre to see for herself what we are doing to tackle congestion in the West Midlands?

[Baroness Vere of Norbiton (Con)]

I may have to decline the trip on the route 11 on this occasion—perhaps maybe next time if the noble Lord asks again. But I would like to see the Regional Transport Coordination Centre in Birmingham, not least because it was actually delivered on the back of £19.5 million-worth of funding from the transforming cities fund. I remind the noble Lord that it was opened by the Transport Secretary on 17 January—so perhaps I can do an anniversary visit at some point next year.

[Baroness Randerson (LD) [V]]

My Lords, we need to get passengers back on to the buses to relieve congestion, which is now back at pre-Covid levels. Bus operators have worked hard to make buses clean and safe, so long as passengers observe social distancing. When will the Government evaluate the research evidence on the safety of buses and tell the public that they can return to using them?

[Baroness Vere of Norbiton (Con)]

My Lords, the Government take this issue incredibly seriously. The Government advise people to use public transport if it is safe to do so, which includes being able to wear face coverings, use hand sanitiser and maintain two-metre social distancing.

[Lord Rosser (Lab) [V]]

Bus services are particularly important for people in rural areas who do not have access to other forms of public transport but, in cities, overreliance on buses and underinvestment in other areas can create traffic congestion. In some UK cities, there are currently no alternatives. Leeds, for example, is now the largest city in Europe without a rail-based public transport system, such as trams or a metro. Can the Minister confirm whether the Government have any plans for new, rail-based public transport systems in cities such as Leeds?

[Baroness Vere of Norbiton (Con)]

As the noble Lord will be aware, Leeds and many other cities of its size and nature do have access to a significant amount of funding, first through the transforming cities fund and, secondly, through the £4.2 billion of intra-city funding which will be making its way to the metro combined authorities shortly. It will be for them to consider how to invest that money, but I agree with the noble Lord that it would be good to see Leeds have a greater variety of local transport.

[Baroness Gardner of Parkes (Con) [V]]

My Lords, the position in London differs from that outside it. Will the Minister consider amending the freedom passes in appropriate cases, particularly for carers and others who need to travel early to arrive in time to provide very necessary help to those in need? Presently, pass-holders are not allowed to use their passes to travel free until after 9 am. Many will be forced back into using their cars, which will create, or add to, congestion.

[Baroness Vere of Norbiton (Con)]

I thank my noble friend for her question. Passengers in London—the over 60s et cetera—do get more benefits than those in the rest of the country. The freedom passes that are provided in London are designed to encourage people, who are perhaps retired, not to use the peak. If my noble friend has people who are being paid to act as carers who need to use buses early in the morning, then I believe they should pay for their journeys. Having said that, bus fares in London are also low, compared to other places in the country.

[Baroness Jones of Moulsecoomb (GP) [V]]

My Lords, I was delighted to hear the Minister mention road space allocation, which is part of reducing congestion. However, we know that it is private cars that create the most congestion, even on rural roads. Have the Government got any other ideas to reduce private car traffic and encourage more people on to buses?

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[Baroness Vere of Norbiton (Con)]

The Government absolutely want to encourage more people on to buses and that will be a key part of the national bus strategy, which will be published next year. This is about two things: getting people who used to travel by buses back on to them, but also trying to entice those people who have not been on a bus for a while to try it. Buses are significantly different from what they used to be. In many circumstances, they are an extremely comfortable way to travel.

[Lord Berkeley (Lab) [V]]

My Lords, there is much evidence that many statutory undertakers abuse the system of emergency roadworks and leave holes in the road which block bus lanes and other traffic for many weeks. Could the Minister confirm that local authorities do have the power to enforce the urgent closure of roads while statutory undertakers may be looking for parts for them? Will the local authorities receive the money? Will the Minister encourage the Government to increase the fines for this?

[Baroness Vere of Norbiton (Con)]

Local authorities can already fine statutory undertakes up to £10,000 if they overrun. We have no evidence that emergency works are causing undue delay. In any event, a local authority can define how long such works should have to take. In certain circumstances, the works can be plated or there can be a temporary repair and they can return to make the permanent repair in due course.

[The Lord Speaker (Lord Fowler)]

My Lords, the time allowed for this Question has elapsed. We now come to the second Oral Question.

Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020

Baroness Vere of Norbiton Excerpts

Monday 14th December 2020 Lords Chamber

Moved by

[Baroness Vere of Norbiton]

That the draft Regulations and Order laid before the House on 15 October and 3 November be approved.

Considered in Grand Committee on 7 December.

Motions agreed.

High Speed Rail (West Midlands-Crewe) Bill

Baroness Vere of Norbiton Excerpts

Monday 14th December 2020 Lords Chamber

Moved by

[Baroness Vere of Norbiton]

That the Bill be now read a third time.

Motion agreed.

Moved by

[Baroness Vere of Norbiton]

That the Bill do now pass.

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

My Lords, in moving that the Bill do now pass I will make a couple of observations and reflect on its passage—but I will do so fairly briefly. The Bill was introduced in the other place in 2017. It made relatively swift progress, carrying, as it does in your Lordships’ House, cross-party support. However, since being brought to your Lordships’ House in July 2019, its passage has been rather less than high speed. The Bill has had to contend with a general election, a revival Motion and legislative capacity issues due to the Covid-19 pandemic. It has been an absolutely unprecedented period, but it is with great pleasure that I return it to your Lordships’ House today, hopefully for the last time.

I note these events to highlight the extraordinary work of the Select Committee in this context. With the introduction of social distancing and Covid-secure practices, the Committee had to alter its working practices almost at the moment of its inception. Under the leadership of the noble and learned Lord, Lord Hope of Craighead, the committee showed adaptability, compassion and unwavering fairness when hearing the concerns of petitioners. I pay tribute to the work of the chair and of my noble friends Lord Haselhurst, Lord Brabazon of Tara and Lord Horam, and the noble Lords, Lord Goddard of Stockport, Lord Liddle and Lord Snape, who all served on that Committee. Many gave their further assistance in participating in subsequent debates on the Bill and took time to share their in-depth knowledge of the issues under consideration. On completing the hearings, the Select Committee published its report outlining its considerations and observations and making recommendations. I wish to note that all these recommendations were accepted by the Government in full.

It would be remiss of me not to extend my thanks to all those outside your Lordships’ House who contributed to this Bill. Promoting a hybrid Bill is no mean feat. It would not be possible without the continued hard work of dedicated staff at HS2 Ltd, many of whom have worked on this Bill from its development to its completion and will continue to work on the project for many years to come. Of course, there is also the fantastic Bill team at the Department for Transport. This was my first time in close contact with a hybrid Bill, and the team members supported me with patience and good humour as I tried to get to grips with this less-than-commonplace legislative beast. They have done an outstanding job. Finally, I am sure that noble Lords would wish to join me in thanking the staff in the legislative offices of both Houses, the House authorities and the team of parliamentary agents and counsel for their continued expertise and assistance.

However, this Bill is fundamentally about people, and specifically the people affected by the Bill, so I pay tribute to the individuals, businesses, communities, organisations and local representatives who all joined in and engaged with the process of this Bill, through consultation and the petitioning process. The Secretary of State has made more than 1,500 binding commitments to those living alongside this short section of HS2.

It is Royal Assent to this Bill that many of these commitments are predicated on. If it so pleases Her Majesty, it is time for this Bill to pass and for the commitments to be given force. I beg to move.

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[Baroness Vere of Norbiton (Con)]

My Lords, I thank all noble Lords for their thoughtful and good-natured contributions, today and throughout the passage of the Bill. First, I will—fairly briefly—address the Motion in the name of the noble Lord, Lord Adonis. I admire his persistence and dedication to the HS2 project. I note what he said, but I fear that I cannot go any further than I have in previous debates.

The Government are fully aware of the steps needed to deliver HS2 to Manchester and elsewhere. The Secretary of State for Transport and the Prime Minister have made it clear that they support the Oakervee review’s recommendation of a Y-shaped network. The Government have already committed to publishing the forthcoming integrated rail plan. This will be informed by the National Infrastructure Commission’s rail needs assessment. I will not comment on media speculation. The integrated rail plan will consider how phase 2b is designed and delivered, alongside other major rail investment in the north and the Midlands.

I join other noble Lords in wanting to ensure that as many areas as possible benefit from the investment in HS2, which is so crucial to the Government’s goal of levelling up the UK economy. I have no doubt that there will be many more opportunities to debate these matters to satisfy not least the many former Transport Secretaries and Ministers in your Lordships’ House, but all the other noble Lords who have a great experience of, or an interest in, transport infrastructure. Today is not the day to debate the wider scheme.

For now, we have the key for phase 2a in our hands. It runs from the West Midlands to Crewe; this Bill is the key to unlocking such benefits further north. By passing this Bill today, noble Lords are turning that key to ensure the next connection in joining up this country and ensuring that, as we build back from the Covid-19 pandemic, we build back better. It is now up to the other place to scrutinise the changes that this House has made to the Bill. I beg to move that this Bill do now pass.

Amendment to the Motion withdrawn.

High Speed Rail (West Midlands–Crewe) Bill

Baroness Vere of Norbiton Excerpts

Tuesday 8th December 2020 Lords Chamber

[Lord Tunnicliffe (Lab) [V]]

My Lords, I thank the noble Lord for raising these issues. I take his point about the safety of the public and protesters, and I hope that he will get appropriate assurances from the Minister.

The issue is one of corporate culture, particularly on safety. With the permission of the House, I will take this as an opportunity to say a word or two about safety. The noble Baroness, Lady Randerson, was quite right to say that HS2 is a linear building site. She referred to safety standards two or three decades ago. Those were decades when I was responsible for parts of railway safety. I became managing director of London Underground nine months after we had killed 31 people at King’s Cross. That made safety my highest priority for the next 12 years. Essentially, I discovered that safety comes from personal leadership by the people at the top.

Subsequently, I was chairman of the Rail Safety and Standards Board for five years. During the early period of my responsibilities, the Channel Tunnel was completed. That cost 10 lives. We were about to start building the Jubilee Line extension and, pro rata, we would have expected to kill some people, but we decided that that was unacceptable. We set as a major objective of the project that we should kill nobody—and I am delighted to say that we succeeded.

It was a £3.5 billion project, built in extremely difficult conditions under some of the most sensitive, complex and little-understood parts of central London. Leadership was key to conducting the programme to the highest safety standards, which were not traditional in the construction industry at that point. We achieved that by involving the very top people among the contractors. As part of their contracting process, they had to turn up with their managing directors and understand, and commit to, high standards of safety. A key feature of our whole safety philosophy was that London Underground always retained principal responsibility for safety, whoever was doing the work. You cannot subcontract responsibility: you might be able to join other people in that responsibility but you cannot subcontract it.

In preparing for this debate, I looked at the HS2 health and safety policy. It is fine as far as it goes, but I do not know whether there is a real safety culture. Can the noble Baroness take back to the Minister in charge of HS2 my strong recommendation that he makes it his top priority to assure himself that a health and safety culture exists in HS2? I freely offer my help and advice in this task.

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

My Lords, I thank my noble friend Lord Randall for tabling the amendment on this very important topic. The health, safety and well-being of the communities along the route of the new railway, of HS2 staff and of protestors is a primary concern for HS2 Ltd, which has a “safe at heart” approach, putting health, safety and well-being at the heart of the project. That ethos is carried through those employed by HS2 Ltd and those in its supply chain. This goes beyond the worksite itself. People must be safe when they are working on large, complex HS2 construction sites; they must be safe when they live, work or travel near the worksites; and they must be safe when travelling on roads affected by HS2 works and traffic. That is why HS2 Ltd already reports on health and safety in its annual report and accounts, using standard industry metrics. The overall health and safety index score increased throughout the 2019-20 financial year.

We recognise that, given the nature of the works on HS2 and the profile of the project, it is necessary for security personnel to be a part of the project. They ensure the health and safety of those who work on HS2 and those who live and work near it. Those security personnel are held to strict standards. It is a contractual requirement that all security guards working on the HS2 project must hold a licence issued by the Security Industry Authority. Additionally, the companies that they work for must be part of the Security Industry Authority’s voluntary approved contractor scheme, which acts as a quality assurance scheme for the private security industry.

HS2 Ltd has been very clear on the values that it expects to be followed by all staff in its supply chain, and on the behaviours of those in public-facing roles, such as security guards. Actions or behaviours that fall short of these expectations are dealt with firmly but fairly after a thorough investigation. My noble friend Lord Randall asked how members of the public can bring forward concerns. HS2 Ltd operates a freephone community helpline, 24 hours a day and 365 days a year, where anyone can register their concerns. HS2 Ltd has committed to respond to questions and complaints quickly and efficiently, with an acknowledgement within two working days and a response within a maximum of 20 working days if the query cannot be answered straightaway.

Of course, there are also those determined to obstruct the works, with the aim of halting the progress of a project authorised by Parliament. We recognise that members of the public have a right to protest peacefully and in a lawful manner, but it is entirely proper that once Parliament has authorised a scheme, contractors should be allowed to get on with building it. Where any protestors refuse to leave land needed for construction and must be removed, HS2 Ltd works with specialist security staff, the police, the fire service and the ambulance service to do this safely.

Health and safety on worksites, and in the workforce, is of vital importance, especially when it comes to Covid-19. Since the beginning of the pandemic, the HS2 Ltd supply chain has stipulated to all staff and subcontractors the requirement to comply with government and industry guidelines. Where works cannot be delivered in accordance with Public Health England and industry guidelines, sites have temporarily closed to ensure the safety of staff and local communities. Nevertheless, some staff may have to be present to make the safety assessments and to ensure that the sites remain safe and secure.

I was very interested to hear the experience of the noble Lord, Lord Tunnicliffe, and certainly I will take his suggestions back to my colleague Andrew Stephenson MP, the Minister for HS2. It was heartwarming to hear of such a large project being constructed so successfully. The amendment is welcome. It is an opportunity to raise these issues. HS2 Ltd must be held to account by the high standards that it has set. I hope that my noble friend is reassured by what I have said, is less Swampy or Grumpy, is happy, and on that basis is able to withdraw his amendment.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I thank noble Lords who have taken part in this short debate, particularly the noble Baroness, Lady Randerson, and the noble Lord, Lord Tunnicliffe. I echo what the Minister said about the opportunity to have such expertise from him, which we should be making use of on this project. I say to the noble Baroness, Lady Randerson, that a lot of these sites are round-the-clock. There are a lot of issues around light pollution and so forth, but it is very difficult to keep an eye on all aspects of it.

I was struck by the noble Lord saying that the leadership at the top must take responsibility and that you cannot subcontract responsibility. Although, as always, I am charmed by the Minister and her warm words, I am not entirely convinced that the practice matches the theory around some of the security personnel. They do a difficult job in difficult circumstances, but one or two—not all of them—are overstepping the mark. It happens in every walk of life, and they must put up with a lot from some of the protestors, especially those protesting illegally. It is not an easy job.

Regarding the Minister’s comments about Covid-19, I hope that this will not be an issue for phase 2A, which we are discussing, but I must say again that whatever security was instructed to do, the practice was not as specified. There were numerous incidents where all the things that we were trying to do at the height of the first lockdown—social distancing et cetera —were not being observed. However, I have aired my worries. It is true that we do not so much look at the safety aspect of this but take it for granted, which we should never do. With that, I beg leave to withdraw my amendment.

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[Lord Rosser (Lab) [V]]

My Lords, I do not intend to detain the House for long. I congratulate my noble friend Lady Young of Old Scone on achieving a positive result for her amendment on an issue that she has pursued with great tenacity and persuasiveness, not least during the passage of this Bill. I hope that the Government will also feel able to provide the assurances that my noble friend is seeking. It is very helpful that the Government are accepting the amendment in the name of my noble friend, with its requirement for the nominated undertaker to prepare and publish annual reports about the impact of the construction of each phase of High Speed 2 on ancient woodland. Hopefully, this will raise the profile of the actual adverse impact on ancient woodlands of the construction of HS2 and, by doing so, help achieve a better result as far as the protection of, or damage limitation to, such woodlands is concerned than would otherwise be the case.

[Baroness Vere of Norbiton (Con)]

My Lords, there are two amendments in this group, the first in the name of the noble Baroness, Lady Jones, to which I cannot agree, and the second in the name of the noble Baroness, Lady Young of Old Scone, which, if she chooses to move it, I will be pleased to be able to support. Turning to the first amendment, this might at first glance appear to be very similar to the second amendment—indeed, some noble Lords have referred to it as being “soft” or “gentle”. I would like to reassure noble Lords that Amendment 13 is not in any way less good. From my perspective, I would like to highlight the important differences, as did the noble Baroness, Lady Jones of Moulsecoomb. In putting my perspective on them, I hope that noble Lords will agree—and I hope that the noble Baroness, Lady Jones, in particular will agree—that their fears are unfounded, and that Amendment 13 is certainly a very good amendment indeed.

First, Amendment 10 calls for the frequency of reporting to be every six months, whereas Amendment 13 proposes that it be annually. I will explain a bit later why that is appropriate. Secondly, the amendment restricts the reporting required to only those works authorised in this Bill—phase 2a—where we believe, and I hope that the noble Baroness, Lady Young of Old Scone, believes as well, that all HS2 phases could be and should be included in this report.

Thirdly, in the amendment tabled by the noble Baroness, Lady Jones of Moulsecoomb, the report required is narrowed by the definitions of direct and indirect impacts. Again, I will go on to explain how that will be covered in the report that we propose, because we believe that we can go broader than that. Finally, there is a difference with regard to the requirement for a mini-consultation associated with each report.

I do not believe that these differences augment the amendment in the name of the noble Baroness, Lady Jones of Moulsecoomb; rather, they restrict it and place limitations on the value that more reporting on the impacts on ancient woodland could bring. On this basis, and given the knowledge that I am able to support Amendment 13, I hope that the noble Baroness, Lady Jones of Moulsecoomb, will withdraw her amendment.

Turning to Amendment 13, one of the aims of the HS2 project is always to try to reduce its impact on ancient woodland. As has been said before, some impact is inevitable. The environmental statement gives an assessment of the reasonable worst-case scenario. Although impacts on ancient woodland cannot be fully compensated, losses will be addressed through a range of measures, as I have outlined previously.

Through extensive engagement on phase 2a, HS2 Ltd has already found ways to protect some veteran trees which were previously expected to be lost. Furthermore, through the redesign of embankments in the Whitmore Wood area, HS2 Ltd has been able to commit to some reduction in impact on the ancient woodland there. Wherever possible, the Government will continue to push HS2 Ltd to go further on this matter.

I am so grateful to the noble Baroness, Lady Young of Old Scone, for her engagement on this matter; she brings vast knowledge and experience. I recognise that her amendment may not go quite as far as she would ideally have liked, but I hope she will agree that the outcome is a significant step forward. Her amendment places a requirement on HS2 Ltd to publish reports annually on the impacts on ancient woodland across the whole of HS2, not only phase 2a. This has the benefit of committing to reporting on phase 1 of the project as well as phase 2a, and, of course, on future phases. The annual nature of reporting fits well within the life cycle of trees, as the works undertaken follow the seasonal pattern of trees, as required by other legislation. But just because the reporting is annual, it does not mean that the monitoring is annual, or that lessons learned are put in place on an annual cycle—it can be more frequent than that.

Furthermore, by not defining the term “impacts”, HS2 Ltd will report on a wide range of issues relating to ancient woodlands, including those that could potentially be caused by non-compliance with the code of construction practice. The reporting will include measures undertaken relating to breaches of assurances for ancient woodland and lessons learned, should they occur—and, of course, we all hope that they do not.

The phase 2a draft code of construction practice sets out the management measures that HS2 Ltd will be required to follow during construction of the scheme. This includes measures designed to control and prevent the impacts on which noble Lords have raised specific concerns, including the protection of habitats such as ancient woodland, and the control of dust, water quality, noise, vibration and lighting. I believe that these are the sorts of indirect impacts sought by the noble Baroness, Lady Jones of Moulsecoomb.

But, of course, there is more. There are also specific measures designed to minimise adverse ecological effects, including: developing a programme of ecological surveys to be undertaken prior to and during construction, including on bats; the relocation and translocation of species, soil and plants; the reinstatement of any areas of temporary habitat loss; restoration and replacement planting, for example of trees, hedgerows, shrubs and grassland; and using by-products of construction to enhance mitigation provisions, for example using felled trees to provide dead-wood habitats. There is also a requirement to consult with Natural England, the Environment Agency, local wildlife trusts and with relevant planning authorities prior to and during construction.

By committing HS2 Ltd to report on non-compliance with the measures set out in the code of construction practice, we are ensuring that all these impacts are captured and are not limited to the narrower definition of impacts in the amendment proposed by the noble Baroness, Lady Jones of Moulsecoomb. Further, the reporting will include the variance between what ancient woodland the environmental statement has assessed will be lost or impacted by HS2 and what actually occurs. The environmental statement is a reasonable worst-case scenario; in effect, it is an educated estimate of the impact. I hope very much that reporting on the actual outcome in comparison to the baseline in the environmental statement will have a positive impact on helping future programmes and projects improve their assessments for their own environmental statements and reporting.

I will go further. I am pleased to commit HS2 Ltd to reporting on the volume of metres cubed of ancient woodland soils that have been translocated, and to reporting on the number of hectares of ancient woodland compensation and restoration that have been included in the detailed design of the scheme. I am also pleased to commit the company to reporting on the number of hectares of ancient woodland creation and restoration delivered through all HS2 funds that deliver woodland creation. The intention is to publish the ancient woodland impact reports in the annual environmental report. Ancient woodland mitigation and impacts are discussed in the ecology review group.

The noble Baroness, Lady Randerson, tried her luck in seeing whether we could go further on wetlands and meadows. Of course we recognise the importance of those environments so, if she is in agreement, I will write to her on the steps being taken to make sure that those impacts are also minimised.

I thank the noble Baroness, Lady Young of Old Scone, for Amendment 13, and for taking me on a journey. I am not quite at the same point as she is on it, but I am not quite where I used to be. I hope that she will move her amendment when the time comes, and it will give me great pleasure to support it.

[Baroness Jones of Moulsecoomb (GP) [V]]

My Lords, I thank all noble Lords who have taken part in the debate, which has been quite interesting for me as well. I reassure the noble Baroness, Lady Young of Old Scone, that I am absolutely thrilled to be left holding the baby. It is a beautiful baby and I am honoured to do so.

I found the contribution of the noble Lord, Lord Haselhurst, to be appalling. I was quite staggered to hear him say things like we must not be held prisoners of the past. Images came to mind of students pulling down statues of slave owners and I wonder if he supports those as well. It is absolutely fantastic if he does. He made comments about how the railway must be straight. It does if trains are going at 250 miles an hour, which is the planned speed for it. Of course, the railway will not do that at first—it will be 225 mph or something—but is still exponentially far less environmentally friendly at that sort of speed. Yes, it has to be a straight railway line because it cannot go around corners, which means that the line will go through a lot of extremely valuable land.

Both the noble Lord, Lord Haselhurst, and the noble Lord, Lord Bradshaw, talked about replacement trees. I congratulate them on wanting replacement trees, but there is also the fact that in the drought of summer 2018, tens of thousands of trees that HS2 Ltd had planted died. It said that it was cheaper to replace them than to water then, which means that 89,000 trees died and were replaced with, again, small trees. What is needed as a replacement is large trees; if you have to keep replacing them, you will keep on getting small trees. I would argue that HS2 is not entirely reliable about planting its trees.

As usual, the noble Lord, Lord Cormack, was extremely kind to me, apart from the comment about my short fuse, which is sadly true. I am glad that he likes Amendment 10, which is a credit from him and I thank him for it. I congratulate the noble Lord, Lord Carrington, on planting hardwoods instead of pines. I am not sure that I liked his description of Amendment 10 as “well intentioned and harmless”. I would like to think it is tough and radical. I also congratulate him on pronouncing my name correctly, which many Peers do not.

The noble Baroness, Lady Randerson, talked about the rich ecosystem that exists in ancient woods. That is the whole point: it is difficult, if not impossible, to replicate that when such biospheres are very precious. This is not just about preserving the past; it is about making sure that our whole environment stays healthy. Sometimes we do not know, until we have lost them, what the precious things we have do overall. I am also glad that she talked about wetlands and meadows, which of course are just as important. Had there been amendments concerning them, I would have supported them fully.

The noble Lord, Lord Rosser, congratulated the noble Baroness, Lady Young, on her incredibly important work on this. I thank the Minister. It was good that she talked about direct and indirect impacts. That was valuable, but I am not clear how the lessons learned will be dealt with by the Government and am not sure if the Minister is able to let us know. In the meantime, I beg leave to withdraw Amendment 10.

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[Lord Tunnicliffe (Lab) [V]]

My Lords, I too attended the Zoom session on this issue. I thank the Minister and those present for organising it.

I can see that NDAs were necessary in the consultation stage, but there is a question mark, which is difficult to debate, over whether they were necessary in such volume. More importantly, was there possible misuse to suppress whistleblowers? We were given some assurances about that, which, once again, I found at least partially convincing. I hope that the Minister will repeat those assurances for the record.

There is a more general point as to whether NDAs are overly used in public procurement. I believe that there may be a case for more transparency and that the Government should consider launching a general investigation into transparency in public procurement. However, I agree with the noble Lord, Lord Berkeley, that that is a bigger issue and it would be inappropriate to pursue it further at this point.

[Baroness Vere of Norbiton (Con)]

My Lords, I recognise that transparency is a key issue in relation to HS2. It enables oversight by Ministers and Parliament, and provides accountability to the public on how we are spending taxpayers’ money and on how the project is being delivered. This amendment is trying to get to the heart of this issue of transparency. However, I do not recognise that it is of any aid in this endeavour. I am not sure that I can add much more to what I already said in Committee or in subsequent meetings, but I will happily go round the track again to put the Government’s position on record.

HS2 enters into two types of agreements—confidentiality agreements and settlement agreements. Confidentiality agreements enable the exchange of information between HS2 and other individuals or organisations, including local councils and businesses. With such an agreement in place, HS2 Ltd can have open and frank conversations with the other party about a range of plans and proposals, some of which may not come off. These could include early considerations of different design options that, if made public, could cause unnecessary alarm and blight local properties.

Confidentiality agreements also enable those other parties to share information with HS2 Ltd without it being made public. These agreements are being made not because HS2 Ltd wants them, but because the other party does. For example, a small local business could share its accounts to determine the compensation available to it. This could not happen if confidentiality was not ensured.

As a number of noble Lords have noted, in the history of HS2 since 2011, 339 confidentiality agreements have been signed. Not all will have been required by HS2; some will have been required by the other contracting party. I know that some feel this is too many. I have to disagree. Thousands of landowners, businesses and councils are involved with the project, so I do not think this is disproportionate. I have the feeling that the noble Lord, Lord Rooker, does not think it is disproportionate either.

Confidentiality agreements are not entered into with staff members at HS2 Ltd. There are confidentiality obligations within staff members’ employment contracts, but this is standard business practice, consistent with that in other public sector organisations.

Settlement agreements are a completely separate form of legal undertaking. They are entirely voluntary and include confidentiality provisions in line with the guidance set out by the Cabinet Office. These agreements can be signed only when an individual has taken independent legal counsel and fully understands their rights and obligations. Settlement agreements are entered into with a small minority of staff who are leaving HS2 to document mutual actions that avoid tribunal claims, or to keep private the sums involved in certain redundancies.

Neither confidentiality agreements nor settlement agreements can be used to gag those who wish to raise concerns about HS2. Whistleblowers are protected by law and none of HS2 Ltd’s business practices contravenes or frustrates this. HS2 Ltd has a whistleblowing procedure called Speak Out, as the noble Baroness, Lady Kramer, noted. This provides a route for staff, contractors and members of the public to raise concerns. The operator of this line is independent of HS2. Queries or concerns raised through this process are investigated by HS2 Ltd’s counterfraud and ethics team, and any necessary action is taken. Where necessary, suitable independent third parties will be brought in to investigate the issues raised. Updates are provided regularly to senior HS2 leaders, including non-executive directors, who act within the seven principles of public life: selflessness, integrity, objectivity, accountability, openness, honesty and leadership.

A number of noble Lords have noted that there may be one or two deficiencies in the amendment. It states that an independent third party should have control over how HS2 Ltd uses what it refers to as non-disclosure agreements—NDAs—which are those two previous agreements I spoke about. We do not feel that this is appropriate, necessary or, indeed, helpful. This issue was considered by the Secretary of State for Transport during the passage of this Bill in the other place, including whether it might be pertinent to appoint further observers or implement new complaints processes. The conclusion was that the use of these standard agreements should not be constrained by the imposition of a third party. There is simply no evidence that such an imposition is necessary or in the public interest.

If a party wishes to enter into a confidential agreement with HS2 Ltd, they should be free to do so. Indeed, they should also have the option for the very existence of that agreement to be private. I tried to follow the contribution of the noble Lord, Lord Berkeley, earlier, and I thank him for it, but I was a little confused. On the one hand, he said that he wanted an assessor for the public interest and to look at all the agreements that have happened in the past—which, as the noble Lord, Lord Rooker, pointed out, is slightly problematic—but on the other hand he noted that the use of a third party should be voluntary between the two parties. I could not figure out how that would work or, certainly, what problem it would solve.

I do not believe that the amendment has merit but I recognise that transparency is important. HS2 Ltd already publishes the number of settlement agreements it has signed in its annual report. In addition, HS2 Ltd will begin reporting the cumulative number of confidentiality agreements it has signed in that same report. I believe that HS2 Ltd is using these agreements in the public interest, and I therefore hope that the noble Lord will feel able to withdraw his amendment.

[Lord Berkeley (Lab)]

My Lords, I am very grateful to all noble Lords who have spoken in this short debate, particularly the Minister, for the meetings, the letter and other comments she has made. I shall respond very briefly to some of the comments made by noble Lords.

I say to my noble friend Lord Rooker that this amendment started in the House of Commons probably two years ago. As the Minister said, it was rejected at that stage, but there seemed to be quite a lot of support in some parts of the House, which I thought was interesting.

The noble Baroness, Lady Randerson, mentioned balance. I think that goes to the heart of what I believe is necessary. Of course, there have to be NDAs. My point about NDAs being voluntary was that companies or individuals did not have to sign an NDA if they did not want to—that was the voluntary bit. On the question of balance, we have talked about more than 300 NDAs that have been listed, but I suspect there are very many more among landowners that we have not discussed. Of course, it is perfectly reasonable that they should sign NDAs as part of their negotiations.

This is an issue that will go on. It is helpful that the risk assurance committee set up in HS2 will look at some of these things. I am not actually suggesting that we go back to square one and look at every NDA that HS2 has signed, but one could say that one would look only at new ones signed after the Bill gets Royal Assent. However, this has been a very useful debate and I am particularly grateful to the noble Baroness, Lady Kramer, for her support. I beg leave to withdraw the amendment.

--- Later in debate ---

[Lord Tunnicliffe (Lab) [V]]

My Lords, I have a lot of sympathy with the noble Earl, Lord Lytton. It seems that the 1996 Act covers these issues, and I am very suspicious of why HS2 needs such a significant change to the provisions of that Act for its project. I am not convinced that it needs these powers. I believe that, with modest alterations, good management should be able to overcome any problems. However, one faces the classic dilemma of a specialist area in an important Act, which is that I cannot know that I am right because we have not been able to listen to various points of view other than the expert knowledge of the noble Earl, Lord Lytton, and it is possible that the project needs these powers. As I understand it, there are likely to be few party walls in this phase of the project. He may be right that a dispute might significantly delay the project. Hence, I am unwilling at this stage to support the amendment if there is a Division.

[Baroness Vere of Norbiton (Con)]

My Lords, as I know the noble Earl is already aware, the Government cannot accept either amendment to the Bill. I will address the first amendment in this group and then move on to the second.

At the outset, I extend my thanks to the noble Earl, Lord Lytton, for the time and effort he has taken to work so constructively with department officials over the last few weeks. He has painstakingly explained his concerns both in writing and over the course of several meetings, as well as in the debate today. I am pleased that this work has been productive and that the first of these two amendments today recognises that we have moved on from the discussions in Grand Committee.

Schedule 23 to the Bill amends the operation of the Party Wall etc. Act 1996—which I too will call the 1996 Act—to enable the railway to be built as swiftly as possible. At the same time, Schedule 23 retains many of the protections for adjoining owners found in the 1996 Act. This schedule exists to reduce delay in construction due to any disputes which could otherwise arise if party wall matters were sorted out solely under the provisions of the 1996 Act. It also ensures the safety of the railway itself by providing for the railway to be constructed to the right engineering standards next to neighbouring properties. Lastly, it ensures that affected adjoining owners are afforded the protections and compensation due to them.

Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020

Baroness Vere of Norbiton Excerpts

Monday 7th December 2020 Grand Committee

Moved by

[Baroness Vere of Norbiton]

That the Grand Committee do consider the Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020.

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

My Lords, these draft regulations will be made under the powers conferred by the European Union (Withdrawal) Act 2018 and the European Union (Withdrawal Agreement) Act 2020. The regulations amend EU Delegated Regulation 2019/945, which sets out new product standards for unmanned aircraft, and EU Implementing Regulation 2019/947, which sets out new requirements for the operation of unmanned aircraft. The regulations also make minor changes to the Air Navigation Order 2016 by removing references to the European Aviation Safety Agency—EASA—to ensure that flight restriction zones around protected aerodromes continue to function, and to Regulation 10 of the Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018 to ensure that the savings provision applies from 31 December 2020.

--- Later in debate ---

[Baroness Vere of Norbiton (Con)]

My Lords, I will continue. I was just about to talk about the background to the EU regulation, and I will focus on the unmanned aircraft element of these regulations.

EU Regulation 2019/945 requires unmanned aircraft and associated accessories to be designed and manufactured in accordance with certain standards. It creates classes of unmanned aircraft and defines the characteristics of those classes. It imposes certain obligations on manufacturers, importers and distributors, such as ensuring that an unmanned aircraft is accompanied by the manufacturer’s instructions. It also defines those unmanned aircraft whose design, production and maintenance shall be subject to certification. This regulation entered into force and became applicable on 1 July 2019. However, transitional provisions mean that while most existing unmanned aircraft can continue to be sold for now, products placed on the market after 1 January 2023 must comply with the requirements of the delegated regulation.

EU Regulation 2019/947 requires unmanned aircraft to be operated in accordance with certain rules and procedures. It creates operational categories that unmanned aircraft can be flown in, proportionate to the level of risk posed by an operation. The open category, for the lowest-risk operations, requires operators and remote pilots to abide by certain requirements. If those requirements cannot be met, an authorisation must be obtained to fly in the specific category. The highest-risk operations, including the use of unmanned aircraft designed for carrying dangerous goods or transporting people, must occur in the certified category. This requires the certification of the unmanned aircraft and the operator, and, where applicable, the licensing of the remote pilot. This regulation also imposes requirements on operators and remote pilots to ensure that operations are carried out safely and securely. For example, remote pilots must meet any applicable competency requirements for the flights they undertake. The regulation entered into force on 1 July 2019, but it is not applicable until 31 December this year. Therefore, it will still be retained in UK law.

As civil aviation is a reserved policy area, both regulations apply to the whole of the United Kingdom. The withdrawal Act will retain both the delegated and implementing regulations in UK law after the end of the transition period. This draft instrument makes the changes necessary so that the regulations continue to function correctly. This is essential to ensuring the continuation of an effective regulatory regime for unmanned aircraft.

This instrument is subject to the affirmative procedure because it creates or amends a power to legislate. For example, it provides the Secretary of State with the power to make regulations designating geographical zones for safety, security, privacy or environmental reasons.

The most significant amendment being made to the delegated regulation is providing a new power for the Secretary of State to designate standards after the end of the transition period. Until that power is exercised, unmanned aircraft and associated accessories that conform to EU harmonised standards will continue to be considered compliant with EU requirements, and those requirements will be recognised in the UK. It is not possible for these harmonised standards to be recognised in UK law as yet as they are still under development.

Another significant amendment is replacing the term “notified body” with “approved body”, thereby enabling the Secretary of State to approve bodies to carry out conformity assessments without notifying the European Commission. Other changes being made to the regulation are mostly minor and technical in nature; for example, replacing the phrase

“a language which can be easily understood”

with “English”.

The amendments being made to the implementing regulation are minor but equally important. As well as providing the Secretary of State with the regulation-making power to designate geographical zones, this instrument amends various references to EU institutions and appoints the Civil Aviation Authority, the CAA, as the competent authority for the purposes of the implementing regulation.

This instrument demonstrates that the Government are committed to ensuring a fully functioning regulatory framework for unmanned aircraft after the transition period. While we are focused on securing the best arrangements for our future relationship with the EU, including in the aviation sector, this instrument will ensure that legitimate, safe unmanned aircraft operations can continue while ensuring effective oversight if we get to the end of the transition period without a deal. I commend the regulations to the Committee.

--- Later in debate ---

[Baroness Vere of Norbiton (Con)]

My Lords, I thank all noble Lords for their consideration of these draft amendments. I shall endeavour to get through as many questions as possible. I am grateful to all noble Lords who gave me advance warning of what they were going to raise. In some circumstances, I have been able to get an answer; in others, I am afraid the system failed me and I did not. I am also conscious that there are questions that I will not be able to answer. I shall study Hansard and write if necessary.

As a number of noble Lords have recognised, the opportunities for unmanned aircraft are enormous. The purpose of the Government’s framework for the operation, manufacture and approval of unmanned aircraft is to provide certainty such that commercial, military and all sorts of operations can take place.

The noble Lord, Lord Foulkes, said that unmanned aircraft are drones. I remind noble Lords that, of course, they are also model aircraft—we have been round that loop before—and it is only fair and right that model aircraft as well as drones are included in the regulations.

My noble friend Lord Naseby asked whether clubs were signed up with the DfT. It is the individual who registers, but the DfT works closely with all sorts of clubs in the unmanned aircraft space to ensure that our framework is working effectively.

The noble Lord, Lord German, asked whether registration arrangements were in place. One has had to register a drone for more than a year now. That system is completely in place and is run by the CAA. It includes a competency test for remote pilots. The operators of a drone must register it with the CAA. I am not aware of any interoperability outside the UK at this time.

I reassure the noble Lord, Lord Foulkes, that we speak to the devolved Administrations relatively frequently—I have my next call with them on Thursday. We talk about all sorts of things, as do my officials. The devolved Administrations are aware of this legislation and have not raised any concerns. On paragraph 6.2 of the Explanatory Memorandum, referring to DAs’ powers to correct deficiencies in matters that are not reserved, we do not anticipate there being any such matters; this is just a standard line in EU withdrawal Act SIs.

The noble Lord, Lord Foulkes, had a number of questions, nearly all of which I picked up, but I am afraid that some have slipped me by. I will address one of them, because it was also mentioned by my noble friend Lord Naseby. I think that a difference of opinion on age limits will be coming down the track. I will talk about age limits, registration, licensing and insurance, which I know is of interest to many noble Lords. This instrument amends the delegated and implementing regulations to remove the deficiencies; that is absolutely clear. The powers, of course, do not allow us to amend the policy of the regulations through this instrument. Therefore we are dealing simply with the impact of EU withdrawal.

On age limits, Article 9 of the implementing regulation brings in a minimum age of 16 for remote pilots, with the option for member states to reduce that by up to four years for the “open” category, which is the lowest risk, and by up to two years for the “specific” category. This instrument provides the Secretary of State with the power to make regulations relating to Article 9 of the implementing regulation on age limits. It is the Government’s intention to lower the remote pilot minimum age by the maximum number of years and then to remove it as soon as we are able to in 2021. However, I reassure noble Lords that the minimum age of an operator of an unmanned aircraft will remain as 18 years old—we have had this discussion previously with the Air Traffic Management and Unmanned Aircraft Bill. To remind noble Lords, there is a difference between the operator of an unmanned aircraft and a remote pilot.

The implementing regulation contains provisions relating to registration and competency. As the CAA’s drone and model aircraft registration and education service—which is a rather long-winded way of describing the system you sign yourself up to—was originally created with these EU regulations in mind, they came as no surprise to anybody, so there are only some very small differences between the system we already operate and the new system. I hope that goes some way to reassuring the noble Lord, Lord German.

The implementing regulation requires operators in the “open” category to register if their unmanned aircraft is 250 grams or more, or if it has data capture capability. Remote pilots must also pass a competency test. There are a number of other requirements, but it is not worth going into great detail on the requirements of, for example, the “specified” and “certified” categories. As we noted before, the risk associated with those flights increases with each category.

On insurance, the implementing regulation does not require an operator of an unmanned aircraft to hold insurance unless required by other relevant legislation. It is the responsibility for every operator to ensure that they have appropriate insurance cover.

My noble friend Lord Naseby and the noble Lord, Lord Foulkes, talked about Gatwick, which really was a watershed in our understanding of the world of unmanned aircraft and the catastrophic events that can happen. In this case, the catastrophic event was actually an economic event, when Gatwick was essentially shut down. Since then we have made huge strides in understanding how we can respond to illegal unmanned aircraft activity. We accelerated our testing activity and we launched the counter-unmanned aircraft strategy, including unmanned aircraft remote pilot competency testing and operator registration, before we even had to under the regulations. We extended aerodrome flight restriction zones and we developed legislative proposals, which noble Lords will recall. The counter-unmanned aircraft strategy is an incredibly important Home Office strategy. It safeguards the benefits of unmanned aircraft, which is our goal, but also ensures that people are safe and that anybody using unmanned aircraft maliciously or negligently can be appropriately dealt with.

There are a number of things within that strategy. We recognise that there is no one silver bullet. My noble friend Lord Naseby talked about counter-drone technology. We are, of course, in touch with many of the operators and developers of that technology; the reality is that it remains a work in progress and probably always will do. However, great strides have happened in the world of counter-drone technology, and the Government are really at the heart of that.

The noble Lord, Lord Rosser, talked about divergence and the impact of 1 January 2023. The product standards set out in the delegated regulation do not have a substantial practical effect until 1 January 2023, and non-compliant unmanned aircraft can continue to be put on the market until that date. However, this instrument provides the Secretary of State with these new powers to designate standards for unmanned aircraft after the end of the EU exit transition period. Until that power is exercised, unmanned aircraft and associated accessories that conform to the EU harmonised standards will continue to be considered compliant with EU requirements, and those requirements will be recognised by the UK. However, those EU requirements and harmonised developments are still under development, so it is not possible for me to comment on the content of future designated standards.

Very briefly, on the UKCA mark that the noble Lord, Lord Rosser, mentioned, the mark can be used from 1 January 2021 but, prior to that, it is not required to be used. From 1 January 2023 will be when the mark is required.

Very briefly also on Wales, it is playing a cracking role in developing the drone sector, including at West Wales Airport and Snowdonia aerodrome in Caernarfon. The Government are providing support to develop the drone sector through the drone pathfinder programme and the future flight challenge. The first successful projects in the future flight challenge were announced in November and include the gold dragon project at Snowdonia aerodrome, which will develop sensor technology for drones working with public services such as police and mountain rescue.

That was a brief run-through of as many questions as I possibly could. I shall follow up with a letter. I commend these regulations to the Committee.

Motion agreed.

Renewable Transport Fuel Obligations (Amendment) Order 2020

Baroness Vere of Norbiton Excerpts

Monday 7th December 2020 Grand Committee

Moved by

[Baroness Vere of Norbiton]

That the Grand Committee do consider the Renewable Transport Fuel Obligations (Amendment) Order 2020.

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

My Lords, this statutory instrument proposes an important change to the Renewable Transport Fuel Obligations Order 2007, or RTFO. Renewable transport fuels are more expensive than fossil fuels and rely on the RTFO support mechanism to create demand and incentivise their supply. This SI changes the price used to calculate any buy-out payment due under the renewable transport fuel obligation certificate trading scheme. It would increase that buy-out price from 30p per litre to 50p per litre. This change is necessary to ensure the continued supply of biofuels and other renewable fuels by increasing the potential level of support. It would also ensure continued delivery of carbon savings.

The 2007 order establishes targets driving the supply of renewable fuels in the UK. It does this by placing obligations on larger suppliers of fuel to ensure the supply of renewable fuels. The amount of renewable fuel that must be supplied is calculated as a percentage of the volume of fossil fuel supplied in a calendar year. This obligation level, or target, has increased over time and is currently 9.75%. These increases have supported the market for renewable fuels and were accompanied by improvements to their sustainability. The RTFO target gradually increases until 2032 at which point, without further legislative agreement, the yearly target would be 12.4% in each subsequent year.

The 2007 order also provides for a certificate trading scheme, which supports a market for suppliers of renewable fuels. Under the scheme, obligated fuel suppliers must acquire sufficient renewable transport fuel certificates, or RTFCs, to meet their obligations by either supplying renewable fuels or purchasing RTFCs. Alternatively, they can make a buy-out payment. This buy-out option, and increasing its price, is the focus of the statutory instrument.

Enabling suppliers to pay a buy-out rather than having to acquire RTFCs caps the cost of the RTFO scheme. It protects consumers of fuel from exceptional spikes in the price of renewable fuels. However, in normal market conditions, the continued success of the RTFO scheme relies on the supply of renewable fuels. Biofuels are the main type of renewable fuel supplied under the RTFO. Recent increases in the cost of biofuels relative to petrol and diesel mean there is a potential commercial incentive for suppliers to make a buy-out payment. Any reduction in biofuel supply will affect greenhouse gas emissions savings in transport, creating a gap in UK carbon budgets. It also could damage our biofuels industry and future investments needed to keep us on the path to net zero.

The RTFO applies UK wide and has been highly successful in reducing carbon emissions. Through it, we have seen the average greenhouse gas savings of renewable fuels increase from 46% in 2008-09 to 83% in 2019. The renewable fuels supplied under the RTFO saved almost 5.5 million tonnes of carbon dioxide emissions in 2019, equivalent to the emissions of 2.5 million combustion engine-powered cars. Indeed, renewable fuels currently contribute around a third of the savings required for the UK’s transport carbon budget. Clearly, we need to ensure that the RTFO continues to provide effective market support.

The amendment in this statutory instrument does just that and follows a consultation carried out over the summer. The consultation proposed two options: an increase in the buyout price from 30p per litre to either 40p per litre or 50p per litre. The vast majority of respondents, 56 out of 61, agreed with the Government’s assessment of the urgent need to increase the buyout price. Of these 56, 45 agreed with our preferred option: to increase the buyout price to 50p per litre.

In proposing this statutory instrument, the department has carefully considered a balance of interests, recognising that potential additional costs in meeting the RTFO would ultimately fall to the consumer and the need to maintain a competitive biofuels market which continues to deliver reductions in carbon emissions. I believe that the increase in the buyout proposed strikes the right balance. I commend this instrument to the Committee.

--- Later in debate ---

[Baroness Vere of Norbiton (Con)]

My Lords, I thank all noble Lords for their consideration of this statutory instrument. I join other noble Lords in declaring my previous lack of a full understanding of this very important area. It has been a very useful discussion and I am grateful for the questions raised, particularly those raised by noble Lords who were able to share them with me in advance. I will, of course, write where I do not cover everything.

To start with the question raised by the noble Lord, Lord Blunkett, when he asked if it is an incentive to maintain supply or a punishment to maintain the market, I am going to be very unhelpful and say that it is neither. The increase in buy-out price is simply necessary for the market to function. We need to make sure that there is a continued supply of biofuels and other renewable fuels under the RTFO and ensure the continued delivery of carbon savings. Obviously, a buy-out price set at the wrong amount would not allow that market to function, because suppliers would then pay a buy-out, rather than having to acquire the RTFCs which, as a whole, obviously cap the cost of the RTFO scheme and protect the consumer from the exceptional spikes. So, the buy out is one element of a very well-designed and successful scheme, and it serves as a release valve to make sure that the consumer is never forced to pay a very large amount for their fuel.

The noble Lord, Lord Bradshaw, raised a number of issues not wholly related to the SI before us today. I would like to reassure him that the Department for Transport is studying very carefully the changes to the Green Book, and we will consider all the issues he raised, in terms of looking at where we are going to do our investment in transport infrastructure in the future. The noble Lord will also know that we have a transport decarbonisation strategy, which my department is working incredibly hard on at the moment, and which will serve as a path to net zero in the future.

On the questions raised by the noble Lord, Lord Rosser, in 2019 there were 19 obligated suppliers covered by the terms of this order, and these are obviously the ones that supply significant amounts of fuel, which I will come on to. Of course, there are exempted suppliers, which the noble Lord, Lord Rosser, also mentioned. These fuel suppliers supply less than 450,000 litres of transport fuel, and they are exempted from the obligations of RTFO. In these circumstances, 450,000 litres is not a very large amount. Furthermore, there is a second group of suppliers that supply less than 10 million litres of transport fuel, and they do not have an obligation on the first 450,000 litres of their supply—again, a few percentage points of their supply. This is basically to ensure that there is no cliff edge when you get to 450,000 litres.

In 2018 and 2019, there were not many fuel suppliers benefiting from this reduction in obligation—four and two respectively. To put that into context, those exemptions represented a very small fraction of the 52 billion litres of total fuel supply covered by the RTFO in 2019 and of the potential greenhouse gas emissions savings. We have no plans to review this.

The noble Lord, Lord Rosser, also asked about the amount of buyout incurred. To date, there has been no significant buyout under the main obligation in the 2007 RTFO order. Buyout amounts relate to a very small number of companies and are therefore considered commercially sensitive. In the last two years—2018 and 2019—all obligated suppliers have met their obligation. In 2019, two obligated suppliers used buyout to make up around 10% of their main obligations. That meant that less than 0.1% of the total main obligation was met through buyout—the sort of level we hoped for.

All money received from suppliers buying out is paid to the Treasury. It is Consolidated Fund and not ring-fenced for any particular purpose. I can reassure noble Lords that the Government take investment in biofuels and sustainable fuels very seriously. We have developed a target to incentivise specific advanced renewable fuels because they are of strategic importance for use in sectors which are difficult to electrify—for example, heavy goods vehicles and aviation. We have an advanced biofuels demonstration competition called the Future Fuels for Flight and Freight Competition, which provides up to £20 million of capital funding and offers real opportunities. As part of the Government’s 10-point plan, a new package of support for sustainable aviation fuels has been announced. This includes a further £15 million in competitive funding to support the production of sustainable aviation fuels in the UK. Although the money goes to the Treasury, sometimes it comes out again.

The noble Lord, Lord Rosser, mentioned how the RTF obligation level has changed over time. The level was set at 2.5% for 2008-09 and has been increased on several occasions since. Increases to the obligation level to 2032 were made in 2018, following an extensive consultation in 2017. These increases to targets were set on the basis of providing longer-term policy stability for industry, increasing the supply of waste-derived fuels and encouraging the production of advanced low-carbon fuels. The RFTO is expected to deliver greenhouse gas emissions savings of nearly 7 million tonnes of carbon dioxide equivalent per year by 2032. As laid out in the Government’s energy and emissions projections 2019, this will make up around one-sixth of transport sector savings in 2032 as a result of policies implemented so far. The Government recognise that we have to do more to reduce emissions during the period to 2032. As I mentioned previously, the DfT will publish the transport decarbonisation plan very soon.

The noble Lord, Lord Rosser, mentioned a future consultation on the RTFO order. The final content of the consultation on further changes to the RTFO planned for next year is still being worked up. We are reviewing whether there is an opportunity to increase greenhouse gas savings from the scheme, in addition to technical and consequential changes, such as those to civil penalties. We anticipate that the consultation will also include measures in response to suggestions from industry as to how the RTFO might support, for example, recycled carbon fuels, and the rules relating to renewable hydrogen. We expect the consultation to be concluded next year.

This is a small and thankfully non-controversial amendment which has been subject to consultation. All noble Lords now understand a little more about RTFO than previously, which is all to the good because it is an important scheme which supports the renewable fuels industry. I hope that the Committee will join me in supporting this statutory instrument.

Motion agreed.

Belfast International Airport

Baroness Vere of Norbiton Excerpts

Wednesday 2nd December 2020 Lords Chamber

[Baroness Hoey]

To ask Her Majesty’s Government what steps they are taking to support the operation of Belfast International Airport.

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

My Lords, the measures taken in response to Covid-19 have been unprecedented, enabling airlines, airports and ground handlers to benefit from a very significant amount of taxpayer support. This includes, but is not limited to, the Coronavirus Job Retention Scheme and financing facilities. In Northern Ireland, airports have also benefited from business rates relief.

[Baroness Hoey (Non-Afl)]

My Lords, Belfast International Airport is the largest airport in Northern Ireland, with 70% of all Northern Ireland travellers passing through it. It is an easyJet hub for the whole of Europe, and it is open throughout the night, with extensive essential flights for Royal Mail, the air ambulance, the military, security and freight. Yet, despite opening throughout the pandemic, it has not received any Department for Transport money or Northern Ireland finance support, even though a tiny Londonderry airport was allocated £1.2 million last week, and Aer Lingus at Belfast City Airport was supported for three months through the public service obligation. Can the Minister look into this and see what more the Department for Transport can do to ensure equal treatment for Aldergrove?

Can she also tell Northern Ireland passengers why, as it stands at the moment with the protocol, from 1 January, duty-free and tax-free goods will be available on all flights from GB airports to the EU, except from Belfast—and yet when flying from Dublin to London, you will be able to purchase duty-free? Will the Minister take this up as a matter of urgency with the Chancellor of the Duchy of Lancaster, who sits on the joint committee, as this is just not fair?

[Baroness Vere of Norbiton (Con)]

My Lords, a number of issues were brought up there, and perhaps I will take away the last issue and write to the noble Baroness. Financial support for airports is of course a devolved matter for the Northern Ireland Executive, but it is the case that all of the airports—Belfast International Airport, Belfast City Airport and the City of Derry Airport—have benefited from the business rates relief. It was also the case that, for a very short period, there was an additional PSO in place, which operated from Belfast City Airport. This was put in place because that was the last remaining flight and therefore it needed to be protected, but that support was needed only for a very short period.

[Baroness Pidding (Con)]

My Lords, our regional airports, such as those in Tees Valley, Newquay and Exeter, play an essential role in aiding regional connectivity. They are vital for both business and leisure and contribute to local economies. Would my noble friend the Minister agree with me that the business rates relief announced by the Government would help to ensure that, with this support, our aviation industry has a fighting chance of survival in these turbulent times?

[Baroness Vere of Norbiton (Con)]

My noble friend is quite right, and my department was delighted to be able to support the announcement of the business rates relief, which will be open for applications shortly. It is the case that up to a maximum of £8 million will be available per eligible site, and this will help support our commercial airports and ground handlers.

[Lord Kilclooney (CB)]

My Lords, the connectivity of travel between the four nations within the United Kingdom is essential. The people in Great Britain have the option of rail and road connections, as well as air travel; in Northern Ireland, we have no such options. Will the Minister please pass on to the department responsible the request that air passenger duty is removed from domestic flights from the three Northern Ireland airports—not from the international flights from Northern Ireland but from the domestic flights from Northern Ireland to Great Britain?

[Baroness Vere of Norbiton (Con)]

My Lords, the Government have committed to consult on the future of APD. This consultation has been slightly delayed by the Covid pandemic, but we expect it to be issued soon.

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

My Lords, I back the noble Lord, Lord Kilclooney. Those of us who live in Great Britain can get around by train and by car, but people in Northern Ireland can get over here only by air—at least until the Prime Minister builds his bridge, which may take some time. So will the UK Government now treat this as a special case and put some UK Government money into helping Belfast airport?

[Baroness Vere of Norbiton (Con)]

I have already addressed this point. It should be pointed out that Belfast International Airport is owned and operated by VINCI Airports, which owns and operates 45 airports worldwide and is a very large company. There are various interventions that Belfast International Airport is able to avail itself of at the moment.

[Baroness Randerson (LD) [V]]

My Lords, there has been a lot of focus on potential disruption at ports after 1 January but very little on the impact on airports and, in particular, Belfast airport. Can the Minister explain what the Government expect the situation to be, both with and without a deal with the EU?

[Baroness Vere of Norbiton (Con)]

My Lords, conversations around a deal or otherwise are ongoing, but trade with Northern Ireland will of course continue according to the “unfettered access” under the Northern Ireland protocol. It is worth noting that Belfast International Airport is a significant freight airport, and while it suffered a 79% reduction in passengers in October, it has seen an 8% increase in freight, so that is good news.

[Lord Rosser (Lab) [V]]

During the pandemic, smaller airports such as Belfast International Airport have suffered most, as airlines have consolidated their operations to the larger hubs. Am I to take it from the Government’s responses to this Question so far that they actually think they have done enough to ensure that no further smaller airports in the United Kingdom will face the financial pressures that Belfast International Airport has?

[Baroness Vere of Norbiton (Con)]

I apologise if I have given the noble Lord that impression; that was not my intention at all. The Government are well aware that both large and small airports are experiencing significant difficulties at the moment, which is why the expert steering group has been established. It is working on a strategic framework for the medium and long-term recovery of the aviation sector in the form of a recovery plan. This group does engage with the DAs.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, could the Minister look again at air passenger duty and provide us with a specific timetable for when that consultation will begin? Aviation is central not only to our transportation strategy but to our economic strategy through jobs in aircraft building and associated businesses.

[Baroness Vere of Norbiton (Con)]

My Lords, I am not able to provide any further details of the timing of the APD consultation. However, I recognise the noble Baroness’s point that aviation connectivity is important. That is why it will be an important part of the union connectivity review, which was announced on 30 June and will be led by Sir Peter Hendy. This will look at connectivity across all modes, including aviation, across the four parts of the United Kingdom.

[Baroness Altmann (Con) [V]]

My Lords, I congratulate the Government on the measures they have introduced, such as business rates relief and the other facilities that my noble friend mentioned, of which small airports can avail themselves. Will my noble friend tell the House what impact the Government expect on Belfast International Airport if we were to leave the EU without a deal at the end of December?

[Baroness Vere of Norbiton (Con)]

I am not aware that the Government have done any specific assessment of Belfast International Airport. It may be the case that the Northern Ireland Executive have, and perhaps I will ask them to be in touch if they have any further details.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

[Inaudible]—Belfast International Airport to Dublin, because of the abolition of air passenger duty in the Republic. Therefore, Belfast International Airport was facing an uphill battle competing with Dublin Airport. The airport is the hub for international travel in Northern Ireland. In March, the Government announced a recovery plan for aviation. What specific financial assistance has been forthcoming to ensure the survival of Belfast International Airport?

[Baroness Vere of Norbiton (Con)]

My Lords, I have outlined the support that Belfast International Airport and various airports in Northern Ireland have already had, but I can give a little more detail. For example, the business rates relief which was offered by the Northern Ireland Executive totalled £2.2 million, of which Belfast International Airport received the lion’s share, at £1.7 million. The City of Derry Airport received £1.23 million from the NIE, but the reason behind that is that it is owned by the council, and local authority airports cannot access the same support as private airports, such as CBILS, the CJRS and so on.

[The Lord Speaker (Lord Fowler)]

My Lords, the time allowed for this Question has elapsed. We now come to the second Oral Question.