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.

Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2020

Baroness Vere of Norbiton Excerpts

Monday 30th November 2020 Lords Chamber

Moved by

[Baroness Vere of Norbiton]

That the draft Regulations laid before the House on 15 October be approved. Considered in Grand Committee on 18 November.

Motion agreed.

High Speed Rail (West Midlands–Crewe) Bill

Baroness Vere of Norbiton Excerpts

Report stage (Hansard) & Report stage (Hansard): House of Lords & Report stage
Monday 30th November 2020 Lords Chamber

Moved by

[Baroness Vere of Norbiton]

That the Report be now received.

Amendment to the Motion

Moved by

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[Lord Tunnicliffe (Lab) [V]]

My Lords, I have tried to consider this amendment not as a debate over whether the route should go ahead, but on its merits. I found it difficult to understand, but it seemed that the essential objective was to allow petitioners to make further submissions—a second bite at the cherry, as it were.

Reading the committee’s report, I am content that the petitioners have been adequately dealt with. The point of contention is that applications relating to additional provisions should not be admitted. The case for not admitting additional provisions is set out in Appendix 2 of the Select Committee report, which gives details of the precedent set by the noble and learned Lord, Lord Walker, when he was chairman of the House of Lords Select Committee on the High Speed Rail (London-West Midlands) Bill. I will quote from the appendix, which contains a statement made by the chair of the Select Committee on the High Speed Rail (West Midlands-Crewe) Bill. Paragraph 7 says:

“Those adversely affected by an additional provision ordered in the House of Lords as the second house would be denied that opportunity in the Commons as the first house unless the bill were to be returned to a Select Committee of the House of Commons with all the delays and additional expense that this would give rise to. As a matter of practical reality, almost every additional provision which solves or mitigates difficulties for one group of residents along the line raises new difficulties for another group. That is why petitions against additional provisions are permitted and why parliamentary practice regards it as unfair for additional provisions to be introduced in the House of Lords as the second house.”


The statement goes on to say that the committee considered the applicability of a Transport and Works Act order and came to the conclusion that it was highly related to the concept of additional provisions and that it should not be admitted.

We support the current parliamentary practice and, if my noble friend Lord Berkeley were to seek to divide the House, he would not receive support from our Benches. I would have hoped that what might come out of this would be some reflection by the Government and the House to make the procedures and customs of the House on hybrid Bills clearer. Nevertheless, we think that they are clear enough to reject this amendment.

[Baroness Vere of Norbiton (Con)]

My Lords, I am grateful to all noble Lords who have spoken in this short debate—an hors d’oeuvre to the main course yet to come. As the noble Lord, Lord Berkeley, and other noble Lords are aware, the Bill has already been carefully scrutinised by a Select Committee of this House. That committee was convened under the rules for private and hybrid Bills and was chaired by the noble and learned Lord, Lord Hope of Craighead, to whom we are very grateful and who unfortunately cannot be with us today.

In its report, the Select Committee discussed whether such a committee can make an amendment to the Bill that extends the powers of the promoter—in this case, HS2 Ltd—such as powers to compulsorily acquire land. Such an amendment to a private Bill is known as an additional provision. The Select Committee report states:

“As a matter of practical reality, almost every additional provision which solves or mitigates difficulties for one group of residents along the line raises new difficulties for another group.”


The Select Committee therefore concluded that amendments that extend powers would not be appropriate.

Those adversely affected by an additional provision in the first House have the opportunity to petition against it in that House and in the second House. As both HS2 Select Committees in this House—for this Bill and for phase 1—have noted, it would not be fair to allow amendments in the second House, unless those affected by it could also petition in both Houses. The consequence of this, however, would be that hybrid Bills would be for ever doomed to travel from a Select Committee in one House to another Select Committee in the other and back again in never-ending ping-pong.

The noble Lord, Lord Berkeley, acknowledged all that in Grand Committee, yet here we have an amendment to send the Bill off to another but different type of Select Committee. This proposed Select Committee would have no powers at all to amend the Bill and the process would cause many months of delay to the Bill and create even more uncertainty for residents and businesses along the proposed route. At some point this must stop, a line must be drawn and a decision taken about the construction of this railway. I urge him to withdraw his amendment.

[Lord Berkeley (Lab)]

My Lords, I am grateful to all noble Lords who have spoken. I did not get wholehearted support; I am grateful to the noble Baroness, Lady Jones, for her support. I do not think this has been in vain because some noble Lords, such as the noble Lord, Lord Randall, and my noble friend Lord Tunnicliffe, in particular, have recognised that perhaps the system needs to be looked at, but not in the environment I started this afternoon. I apologise for that. I wanted to have a debate on Transport and Works Act orders, which we have not had, but we can follow that up some other way.

Several noble Lords have told me that I oppose the HS2 project and that this is only a delaying tactic; I want to put that on record. It would not be a delaying tactic if we had been allowed to talk about Transport and Works Act orders, which we are not under the current procedures. I have said many times that I am in favour of new railways, pretty obviously. My problem with HS2 is that it has turned out over the years to be overspecified and the costs have got completely out of control. The money could be much better spent on the regional railways in the north and the Midlands.

Also for the record, I am not criticising the Select Committee. I have said before that it has done a great job. I am not criticising its selection or its chair. My advice from the clerks certainly is that the second House on the occasion of a hybrid Bill is not a revising Chamber; it is a second Select Committee equal to the first one in its ability. If, by any conceivable chance, a hybrid Bill on a railway started in your Lordships’ House, the House of Commons would become the second House. That could be an interesting discussion and probably would not go down very well.

However, my main concern has been and still is that the Transport and Works Act order process is included in Clause 49 of this Bill but the extent to which it may be used appears to be in the Government’s hands rather than those of the committee, in spite of what has been said. I hope we can continue this discussion in your Lordships’ House on an occasion less time-constrained than this Bill and try and get it right for the next one. I hope there is another one coming. My noble friend Lord Adonis thinks it is going to come within the next six months. We will see whether that is the case. Whether it is or not, I think we need to resolve this and the many things we have discussed.

I did threaten to divide the House but, in deference to the amount of work we have to discuss this afternoon, I beg leave to withdraw the amendment.

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[Lord Rosser (Lab) [V]]

I do not intend to repeat all the points made so persuasively by my noble friend Lord Adonis and other noble Lords in support of his amendment. The Conservative Party manifesto for the 2019 election said that:

“HS2 is a great ambition”,


but, as we all know, great ambitions are not always realised in full. The manifesto went on to say that HS2,

“will now cost at least £81 billion and will not reach Leeds or Manchester until as late as 2040.”

Continuing, the manifesto said that:

“We will consider the findings of the Oakervee review into costs and timings and work with leaders of the Midlands and the North to decide the optimal outcome”.


In other words, there was no unambiguous commitment in the 2019 manifesto to complete HS2 via the East Midlands to Leeds, since the “optimal outcome” was dependent on government consideration of the findings of the Oakervee review into costs and timings.

In Committee, my noble friend Lord Tunnicliffe invited the Government to commit to building HS2 phase 2b to Leeds in full. In reply, the Government said that:

“Plans to provide the benefits of high-speed rail to the east Midlands, Yorkshire and beyond will be confirmed following the publication of the integrated rail plan”,


and,

“that a properly connected line from the Midlands up to the North will be a key part of the HS2 project.”—[Official Report, 9/11/20; col. GC 351.]

As we know, that reply was not a commitment to build HS2 phase 2b via the East Midlands to Leeds in full.

It would thus be helpful if the Government could clarify in their response what the phrases,

“plans to provide the benefits of high-speed rail to the east Midlands, Yorkshire and beyond”,

and,

“a properly connected line from the Midlands up to the North will be a key part of the HS2 project”,

actually mean. Do they mean that the Government are committed to building HS2 phase 2b via the East Midlands to Leeds in full, or do they mean not that the high-speed line will be built the whole way from Birmingham via the East Midlands to Leeds but that HS2 services could, for all or part of that journey, run over existing routes calling at existing stations?

The indications are that the Government are either looking to abandon or scale back the eastern leg of HS2 through to Leeds or, at best, seriously delay its construction and completion. The lack of a clear commitment to the HS2 project in full calls into question the Government’s declared commitment to levelling up, since the eastern leg is just as vital as the delivery of the western leg. Levelling up cannot just mean levelling up the north-west and the West Midlands. It is just as vital to communities in the East Midlands, Yorkshire and the Humber and the north-east. Indeed, only proceeding with the western leg would leave the cities and areas that would have been served by the eastern leg at a disadvantage.

The Government now have the opportunity to put to rest any concerns over their commitment to the eastern leg by saying, in their response today, that they are committed to the construction and bringing into operation of HS2 phase 2b to Leeds via the East Midlands in full, and giving the date by which they intend it will be completed. The Government can also accept the terms of this amendment. We will now have to see if they intend to take that opportunity. It will be for my noble friend Lord Adonis to decide whether he is satisfied with the Government’s response but, if he does decide to call for a vote, we will be supporting him.

[Baroness Vere of Norbiton (Con)]

My Lords, I did a tally the other day; there are currently nine former Transport Secretaries in your Lordships’ House and I appreciate the wisdom of each and every one of them, including the noble Lord, Lord Adonis. I thank him for his amendment and hope that I will be able to satisfy him today. I will go as far as I possibly can. I hope that he will listen carefully to my words and take as much comfort from them as he is able. All noble Lords will recognise his enthusiasm for and commitment to HS2. I have read the amendment extremely carefully, but suggest that there is no need for it, as I hope to explain. The Prime Minister has been very clear that the Government’s plans for the HS2 eastern leg will be set out in the integrated rail plan and that this will be laid before Parliament within the timeframe referred to in the amendment. I make that commitment to the House today.

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[Baroness Vere of Norbiton (Con)]

The noble Lord knows quite well that you could not do that in terms of the time taken to prepare the legislation. You could not do it.

[Lord Adonis (Lab)]

My Lords, you absolutely could commit. The noble Baroness could commit now to introducing legislation for the eastern leg. If she is telling me that the problem is the precise time it takes, but that there will be a definite commitment to legislation to build HS2 to Sheffield and Leeds at the same time as to Manchester, she could rise a second time, since she has already risen once, and I will withdraw my amendment. Alas, silence reigns, I am afraid, on the Government Front Bench.

I shall come to the quick, since it is important we understand the gravity of the issues at stake. The situation, which is well known in the Department for Transport and among those with whom I speak, is as follows. Dominic Cummings tried to cancel HS2. To be blunt, he does not much like Governments of any form doing big projects, but he certainly does not like big state projects of this kind. He wrestled very hard with the Prime Minister after the last election to get him to cancel HS2 outright. The Prime Minister believes in big infrastructure projects. When I was Transport Secretary, I had big discussions with him. There are many things he has no fixed belief on, but he has been prepared to commit to big transport infrastructure projects that will connect the country. He was persuaded of the case for HS2, and when the decision had to be made in February about going ahead with the first phase of HS2, from London to Birmingham, he gave that commitment. What then happened was that Dominic Cummings moved on to the eastern leg, because the weakest of the BCRs—benefit to cost ratios—is for the eastern leg. The reason the weakest BCR is for the eastern leg is very straightforward: the cities served in the east of the country are smaller than those in the west. But we are supposed to be about levelling up. That is the whole philosophy of the Government. So the fact that the BCRs are lower for the east is not a reason for not proceeding with HS2 East; it is an essential reason for proceeding.

Dominic Cummings is no more. That is a great step forward, which is why the tone of the remarks from the noble Baroness is much more positive than it would have been if he was still running No. 10. We now have a problem with the Treasury. The Chancellor is wrestling with a difficult situation in the public finances—we all understand why—and he wants the option to cancel the eastern leg. This is what this big argument is about. It is the reason the Government will not proceed and give a firm commitment at the moment. This is what is at stake at the moment. That option is being exercised through the integrated rail plan. It would be short-sighted and a catastrophe for this country if the Government were to exercise that option, because it would mean we had 21st-century infrastructure serving the western parts of this country and 19th-century infrastructure serving the eastern parts. As much as I like the history of this country—I am delighted the Pacer trains are going to appear in the National Railway Museum—history belongs in history, and we should be seeking to address the present and future in this House.

The noble Baroness’s department is entirely at one with me. Indeed, in the secrecy of this House, I can say that the Government themselves, in respect of this Minister, are at one with me. This afternoon, this House has an opportunity to tell the half of the Government that agrees with me to use their heft to persuade the other half to come into alignment. The join between these two is the Prime Minister. That is the reason for backing this amendment today. It is not a small matter; it is fundamental to the future of this country that we build HS2 both east and west. If we are going to be one nation in the future, we need a one-nation transport and infrastructure system, and that is why I beg to move.

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[Lord Tunnicliffe (Lab) [V]]

My Lords, I have little to say on these amendments, other than to make a general comment on the subject of burial grounds and so on. It seems to me that the intent in HS2 Phase 2a Information Paper: Burial grounds is appropriate. There are some useful words about how things should go ahead, and it says:

“Any human remains affected by the Proposed Scheme will be treated with all due dignity, respect and care.”


As ever, with the relationships between HS2 and the wider community, the whole issue is a cultural one. If, working within these guidelines, HS2 is constantly positive in seeking solutions, there will be no problems. But if it hides behind officialdom, there may be problems. I would be grateful if the Minister could give us some indication of how the Government will hold HS2 to account with regard to the tone and culture of the relationship between it, the wider public and, in particular, the representatives of the public in this sensitive area.

[Baroness Vere of Norbiton (Con)]

My Lords, in no other setting is it more important that HS2 works be undertaken with dignity, care and respect than when they impact human remains and monuments to the deceased. The works authorised by this Bill do not directly impact any known burial grounds or monuments. However, given that the construction of the scheme requires ground excavation, there is potential for human remains and associated monuments to be discovered. Such discoveries are most likely to be made as a result of archaeological investigation works. In such an event, Clause 23 and Schedule 20 provide for an appropriate process for carrying out the works required.

Amendment 2, moved by my noble friend Lord Randall, would remove the process in Clause 22 and Schedule 20 for burials that have been made less than one year before work commences. I state again that the phase 2a scheme, which we are considering today, does not impact any known burial grounds. It is highly unlikely that these works will impact any burial made under one year prior to their commencement. In any event, I believe that Clause 22, which applies to all burials, including those less than one year old, is appropriate. Therefore, I do not believe that my noble friend’s amendment is necessary.

The process set out in the Bill is founded on existing UK burial legislation, and ecclesiastical law and practice. The procedure in place to ensure compliance was discussed and agreed with the Archbishops’ Council of the Church of England and Historic England. I must therefore resist my noble friend’s amendment.

Amendment 3, also in my noble friend’s name, would expand the scope of monuments and memorials to include trees. This would give such a memorial wood, or individual trees planted in memory of an individual, the same standing in legislation as, for instance, gravestones and war memorials.

It would be very difficult for any legislation to recognise such cases. In the UK there is no official record-keeping for memorial trees, and the Bill contains no controls for the designation of any trees as memorial trees. Furthermore, as there is no definition of a memorial tree, such a provision could, as I think my noble friend noted, be abused by individuals to hinder and delay construction works. Clearly, this would not be desirable. But we absolutely do agree that HS2 Ltd and its contractors must fully engage with those who may be impacted, sensitively and with due care. I know that my colleague, Minister Andrew Stephenson, will ensure that it is fully held to account in that regard.

As for the memorial woodland mentioned by my noble friend Lord Randall, I am aware of the case. As he knows, because we have corresponded about it, HS2 Ltd is supporting the hospice and the affected families, and will have discussions with the hospice and the landowner about creating a suitable memorial in this location once the works have concluded. Of course there will be lessons to be learned from this case, and from certain other cases. There are always lessons to be learned, and ways in which things could have been handled better. Minister Andrew Stephenson will ensure that those are carried across the phases of HS2. I sympathise with the intention to amend the Bill, but in terms of legislative proposals to address such issues, these proposals would not do the trick.

Finally, on Amendments 14 and 15, the Government are clear that due notice should be provided for any HS2 works impacting human remains or monuments to the deceased. There is a notice procedure already provided in the Bill for such works. It includes an eight-week period for next of kin to apply to remove human remains or monuments at the expense of HS2 Ltd. Prior to this notification procedure occurring, the programme of land acquisition will already have commenced. This requires notification to the owners of the land and all those with an interest in it. It would be highly unlikely that anybody with a private burial or associated monument on their land would not know what was to occur; they would know about the work well in advance.

I am sure my noble friend agrees that including a requirement to notify the next of kin “if possible” would not be workable. It would be incredibly difficult to determine what is or is not possible in notifying the next of kin. However, HS2 should be, and is, proactive in attempting to contact known next of kin, and places notices in local newspapers and at the site of burial. I understand the aims of my noble friend and reassure him that, where this process is in force for known burial grounds on phase 1 of HS2, it is working well.

Similarly, requiring notification to be given six months in advance of the works would also not be practical. Where burial grounds are identified, early notice is practical and possible. However, there are no burial grounds on phase 2a, and requiring works to cease for a mandatory six months would risk unnecessary delays in the construction programme and bringing into operation of phase 2a.

I must resist these amendments. I am aware of a couple of points of detail that my noble friend raised, so I will write to him. In resisting, I recognise the importance of this issue, the interest that has been shown across your Lordships’ House in what happens to both human remains and monuments, and the importance of memorial trees and other places special to friends and family. We will make sure that HS2 does whatever it can to make sure they are treated sensitively and with respect. I therefore ask my noble friend to withdraw his amendment.

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[Baroness Randerson (LD) [V]]

My Lords, I have added my name to Amendment 4 because HS2 has come in for criticism about the quality of its consultation with local residents. Although it has impressed on us how much it has improved, I am sure that there is probably still some way to go. I am particularly concerned about the impact of the construction process, which may not be obvious to either HS2, or to local residents, before it starts. Construction of a project of this size and this kind is not a transitory process, in that it will impact on some communities for years. It is not like your next-door neighbour building an extension, where it is bad for a few months but then the disturbance goes away. This could last for years.

The amendment specifies traffic and the impact on the environment. Although both issues were raised in Committee, we still need some answers from the Minister. We have heard a lot, and will hear more today, about the impact on ancient woodlands, but other aspects of the environment are of equal importance, for example wetlands. The amendment also includes an important reference to new links to HS2 itself. I am not suggesting—it never occurred to me—that that means stopping on the way, as that obviously would be a very slow way to run a high-speed railway. Treated properly, HS2 will be the catalyst for a widespread upgrading of our existing Victorian railways. I was taking this amendment to mean improving links into HS2, to the stations that have been specified.

Amendment 8, which is in my name, is also in this group. It specifically refers to that aspect. It provides for an annual review of connectivity in our rail network and the impact of HS2 on that. I have already spoken this afternoon about the importance of using HS2 to unlock capacity to allow more intensive use of existing lines by commuters and for other local journeys, as well as to provide room for the transfer of freight from road to rail. The northern powerhouse and Midlands Connect rely on that. I suggest that progress on this needs annual review because the Government—any Government—need to be kept under pressure to maintain the momentum for change. The review is to be laid before Parliament within six months of its completion. Once again, that is to avoid backsliding.

There is also a provision so that the impact of the pandemic is taken into account. This is specifically to address the impact on demand for public transport, which has clearly fallen sharply in recent months, largely because people are worried about safety, although public transport providers have made huge efforts to ensure it is safe. However, demand will return, albeit maybe in a different pattern which providers will have to adapt to. Anyone who thinks that we will suddenly not want to travel has misjudged human nature and failed to take the lessons of history. I am keen that above all we encourage people back to travelling by rail. There has been a lot of discussion about building back better, and part of that is ensuring that new services are fit for the future, and ensuring that HS2 is the catalyst to enable future UK Governments to deliver on climate objectives, by taking cars and lorries off the road and replacing planes with trains.

[Baroness Vere of Norbiton (Con)]

My Lords, I will address these amendments, how they are worded and what their consequences would be, because I am not sure that that fully came out in this debate, which was much shorter than I had anticipated. When I first looked at this speaking note on Saturday, it had 2,585 words. This is not to suggest that I intend to bore your Lordships into submission but to illustrate that there has been a huge amount of consultation, and that there is a huge amount to say about it.

The amendment tabled by the noble Lord, Lord Rosser, would mandate just one more round—like one more wafer-thin mint—as if it might yield what? Would it yield different results to previous consultations, when works have not even started, and impacts are not yet being felt? I agree with what I think lies behind the noble Lord’s amendment: that HS2 Ltd must engage with and consult local communities, not once, not twice, but on an ongoing basis, before, during and after the project. I have condensed 20 minutes of words into something slightly less, but I warn noble Lords that there is still a fair amount to say.

I have a huge amount of respect for the noble Lord, Lord Rosser, who is exceptional in his diligence and one of the hardest-working Members of your Lordships’ House, but I was saddened that just a few examples were being used to show that the entire consultation process therefore has not worked. That is not the case. The noble Baroness, Lady Randerson, also said something like, “Well, I hear reports that consultation hasn’t gone brilliantly.” If there are specific concerns about lack of engagement, I encourage any noble Lord to bring them forward to Minister Stephenson. We will build this project successfully if engagement happens before, during and after the project. We have a way forward, and therefore the amendment tabled by the noble Lord, Lord Rosser, is not needed; nor would it even be helpful to the progress of the Bill, I am afraid.

Ten years ago, there were consultations that led to the initial identification of the preferred route. Five years ago, further consultation carved out phase 2a as a separate project to bring the benefits of HS2 to Crewe sooner. That led to the further round of consultations. In spring 2016, HS2 Ltd undertook a consultation on the scope and methodology to be used in producing phase 2a’s environmental statement and equalities impact assessment. In September 2016, HS2 Ltd launched consultations on the phase 2a working draft environmental statement and the working draft equalities impact assessment. At the same time, the phase 2a design refinement consultation was conducted by the Department for Transport. These consultations were open to everyone, including the people of Staffordshire, Shropshire and Cheshire, and were publicised widely by letter, email, notices in local newspapers, posters in doctors’ surgeries and libraries, press releases to local media and, of course, social media.

The consultations included information about the impacts on the natural environment, including ancient woodland. They included information about construction routes and road diversions and closures, so that people could understand what might happen to their local roads and transport infrastructure. They included alternative options and asked for feedback. The consultations closed in November 2016. The responses were collated, taken into account and, where relevant, design changes were made. The report on all that work was published alongside the deposit of the phase 2a Bill in July 2017. It took over a year, but that is not all.

--- Later in debate ---

[Lord Berkeley (Lab)]

I think that the Minister has demonstrated how much consultation there has been over the years. I do not want to go into that, other than to say that most of it has been good. However, I go back to paragraphs (2)(c) and (d) proposed in the amendment of my noble friend Lord Rosser. Once the Bill receives Royal Assent, people will start to think, “Okay, it’s being built. What’s going to be the end result?” I can see my noble friend’s concerns: it gets built but the connections to it by rail, with or without extra stations, either have not been thought through or nobody will know who is responsible for them. Will that satisfy the consultees? I am not sure that having an annual report is the right thing, but I hope that the noble Baroness will consider what should be done to satisfy people that, when the line opens in 10 years’ time or whatever, all these things will have been addressed. If there are changes that people think are desirable, they could have started so that there is not another 10-year gap before something happens.

[Baroness Vere of Norbiton (Con)]

I thank the noble Lord, Lord Berkeley, for raising that point. It is really important, so I will ask my honourable friend Minister Heaton-Harris, the Rail Minister, perhaps to write to him setting out his ambitions for rail nationwide, particularly how his ambitions for rail interact with the ambitions for HS2 and how that then produces greater rail connectivity.

[Lord Rosser (Lab) [V]]

I thank the Minister for her response and indeed for her kind words. I also thank all other noble Lords who have participated in this debate.

My amendment calls for further consultation, seeking the views of residents and stakeholders

“who may be impacted by the scheduled works”,

including on whether there are

“sufficient transport provisions for the purposes of passengers connecting to”

HS2 so that they can benefit from it, with a report on that consultation to Parliament. Clearly, from that, the references are not to additional stations on HS2 itself but to whether there is a case for any additional stations, reopening of lines or improvements to stations associated with improving connectivity to and from phase 2 of HS2 for the people of the three counties mentioned in the amendment—namely, Cheshire, Shropshire and Staffordshire.

As one can see from the wording of the amendment, it is not about having another consultation on what the route should be or anything like that; it is about the impact of the works and about looking at transport links to and from HS2—that is, all transport links, not just rail links. The amendment specifically refers to “transport provisions” to enable better access for the residents of the three counties.

The amendment would not tie the Government’s hands to any specific course of future action or policy; nor would it delay progress on phase 2a of HS2, as it does not stipulate that there should be no further progress until the consultation has been completed and the report put before Parliament. The issue is that there is a need to make sure that local residents affected feel that their voice is being heard by HS2 and that their views are being listened to. They should not, as I said, feel that consultation is something of a tick-box exercise in which they are told what is going to happen rather than being engaged on a continuous, regular basis. They should feel involved in decisions affecting them and be aware of what is happening and when.

The Government appear satisfied with the consultation that has taken place with local residents on phase 2a of HS2. I have to say that that is not the message that I get. I do not think that the Government should be satisfied with what has taken place to date, albeit it may have been extensive. It comes back to the question of whether people feel that they are being told what is going to happen, as opposed to them having an impact on decisions affecting their lives.

I hope that he will not mind my doing so—if he does, I apologise in advance—but I refer to the words of the noble Lord, Lord Randall of Uxbridge, who said the following in Committee on 9 November. In relation to phase 1, in which the noble Lord was much involved, presumably at that time the Government were saying much the same thing as we have heard today about the extent and thoroughness of the consultation that there had been. The noble Lord, Lord Randall of Uxbridge, said:

“HS2 does not listen to the concerns of NGOs, Members of Parliament or ordinary members of the public. As an example, when I ceased to be the Member of Parliament for Uxbridge, I was succeeded by no less than the current Prime Minister, but he has just as much trouble getting answers out of HS2 as I did.”—[Official Report, 9/11/20; col. GC 376.]


Clearly, if the Prime Minister cannot get answers out of HS2, what chance do the residents of Shropshire, Staffordshire and Cheshire stand without the help of this amendment and the helpful role that it will enable the new Minister for HS2 to play in ensuring that there is proper and continuing engagement by HS2 and progress on ensuring improved transport links in the three counties to and from HS2 phase 2a? I have listened carefully to what has been said, but I wish to test the opinion of the House.

--- Later in debate ---

[Lord Rosser (Lab) [V]]

I think we have reached the stage at which noble Lords would like to hear the Government’s response to an interesting debate. A significant number of noble Lords has spoken on the basis of considerable experience and knowledge in this field. We have agreed an amendment today providing for consultation and a report to Parliament on the impact of HS2 phase 2a on the natural environment, including the impact on ancient woodland, which could enable local residents to be engaged in decisions affecting their environment.

As a general point, we could not support an amendment if the effect of it was—and I do not know whether this will be the case in this instance—to delay progress of HS2 phase 2a. I note the requirement in the amendment that scheduled works must not destroy any ancient woodland, either directly or indirectly, and I am not entirely clear what the impact of that would be on the progress of HS2 phase 2a.

I also note that my noble friend Lady Young has indicated she will not seek to push her amendment in this group to a vote. Like other noble Lords, I will listen with considerable interest to the Government’s response and the extent to which they can offer assurances acceptable to the noble Lord, Lord Blencathra, and my noble friend Lady Young of Old Scone.

[Baroness Vere of Norbiton (Con)]

My Lords, I thank all noble Lords for what turned out to be a very interesting debate. I was interested in the observations of the noble Baroness, Lady Randerson, when she noted the complexity of these arguments put before noble Lords today. Many people do not agree on this, yet when one looks at it at face value, it is easy sometimes to reach an automatic conclusion that it must be a bad thing to cut down a tree, but people start talking about where the replacement tree would come from, and it is complex. I would like to reassure your Lordships’ House that HS2 takes its environmental obligations very seriously and follows the advice of the experts, recognising also that that advice may change as more scientific work is done in this area.

Phase 2a has been designed to avoid or reduce adverse significant effects on habitat, protected species and other features of ecological value, where reasonably practicable. However, it is not possible to build a major public transport infrastructure project without creating some adverse significant effects on the environment on or near the proposed route.

One of those effects is on biodiversity, the subject of my noble friend Lord Blencathra’s first amendment. Where adverse significant effects cannot be avoided, mitigation and compensation measures are included to reduce effects on species and habitats. These include the translocation of species, the provision of replacement habitats, and special measures, such as ecological underpasses and green bridges, to facilitate the movement of species across the route. My noble friend Lord Randall mentioned that rail corridors are often good wildlife corridors.

I am proud to say that HS2 was the first major transport project in this country to seek no net loss in biodiversity on a route-wide basis. The phase 2a Bill has been in Parliament since 2017 and, in that time, there has been a step change in our national ambitions to protect and enhance our natural environment. This has not passed HS2 by. During the consideration of the Bill by the Select Committee in this House, HS2 demonstrated greater ambition on the environment. A commitment has been made to enhance the phase 2a scheme’s no net loss objective, by identifying and implementing appropriate opportunities to move towards gains in biodiversity. HS2 Ltd’s green corridor initiative will create a network of habitats along the phase 2a corridor. The Government have also committed £2 million of funding for biodiversity improvements, £5 million for the community and environment and the business and local economy funds, the phase 2a woodland fund and two area-specific funds. These funds total £11 million and they will improve biodiversity.

The legislative commitment sought by my noble friend Lord Blencathra simply goes beyond what can and should be committed to at this stage of the Bill. Casting in iron a commitment to 10% net gain, when land take on the scheme has already been fixed, would be disproportionately expensive, would entail extensive redesigns of the scheme and may lead to significant delays. In all likelihood, further land purchases would be required, going beyond the existing boundaries of the phase 2a scheme and requiring the return of the Bill to the House of Commons.

I know that some noble Lords believe that land purchases may not be required and, as I said earlier, sometimes people disagree on this, but we believe that it would probably be one of the approaches we would have to ensure to reach this legislative goal. However, there are no assurances that we would be able to do this quickly, and the Government would have no alternative other than to get additional compulsory purchase powers to deliver this requirement—if it became a requirement.

I believe that the steps that HS2 has taken, the assurances that have been given and the funds that have been provided to improve biodiversity are the correct approach for the phase 2a scheme. I reiterate that the phase 2a scheme and HS2 as a whole are already committed to no net loss of biodiversity. I hope that, on this basis, my noble friend is able to withdraw his amendment.

The noble Lord’s second amendment is on ancient woodland. We will be returning to this topic further down the track, with some amendments on reporting. I am afraid—and I believe my noble friend knows this—that I simply cannot support his amendment. When designing a complex transport infrastructure scheme, such as HS2, it is necessary to balance competing priorities. The noble Earl, Lord Caithness, made this point. Ancient woodland sites are fragmented and scattered across our countryside. They can be difficult to avoid without incurring substantial adverse effects to other environmental sites or local communities.

The phase 2a scheme has been designed to avoid or reduce impacts on homes, businesses and heritage sites, to reduce losses of our most valuable agricultural land and to prevent impacts to other protected sites. The scheme must also be mindful of wider issues, such as safety and affordability. Noble Lords understand that it is extremely challenging—it may be impossible—to design a scheme of this scale that avoids impacts to ancient woodland entirely, but this does not mean that we do not take this seriously. Where impacts to ancient woodland sites are unavoidable, HS2 Ltd has sought to reduce them by changing the scheme design to reduce the amount of woodland taken.

Although impacts on ancient woodland cannot fully be compensated, its loss can be addressed and somewhat mitigated through a broad range of measures, including planting native broad-leaved woodland to enhance linkages between current ancient woodlands and salvaging ancient woodland soil to be used in new sites.

I return briefly to the question asked by the noble Lord, Lord Snape, who asked me to define ancient woodland. It is quite a tricky beast. Ancient woodland is defined as an area that has been wooded since 1600, but a lot of other things go into that. It could of course be the case that an ancient woodland, as currently defined, consists almost entirely of new trees. They are not necessarily old trees; it has just been woods for a long time.

This returns us to the soil translocation measures. Again, there is some disagreement as to whether it will work, but you know what, my Lords? It is worth giving it a try because, if an ancient woodland can be new trees and it is all about the fungus and the soil—I am feeling like David Bellamy—perhaps it is worth looking at the soil translocation measures. HS2 Ltd has committed to translocating soil but then spending 50 years managing and monitoring in all locations where the translocation of soils has happened. In this way, we will actually know: we will be able to determine the effectiveness of these measures and learn lessons for future infrastructure projects.

The design within the phase 2a Bill is at a relatively early stage of maturity. The area of ancient woodland loss is currently reported in various documents and is set out as the reasonable worst-case assessment. We believe that there may well be improvements as detailed designs come to pass. As I mentioned in other places, more steep cuttings and so on can help to retain ancient woodland. All sorts of things that can be done will be looked at by HS2.

This amendment would result in lengthy delays and costs to the entire phase 2a scheme as, clearly, it would have to go back to square one. There would be a significant redesign. I reassure my noble friend that I will be accepting an amendment later on relating to reporting on ancient woodland, tabled by the noble Baroness, Lady Young of Old Scone. I hope that he will take comfort from that, and I request that he does not press his amendment.

I have an answer to the question asked by my noble friend Lord Framlingham. HS2 trains will run at 360 kilometres an hour. The track is designed to a slightly higher speed of 400 kilometres an hour, but of course that is pretty much within the same ballpark.

I turn, finally, to biosecurity. I will address the amendments in the names of my noble friend Lord Blencathra and the noble Baroness, Lady Young, together. The amendments seek a commitment that all seeds, trees and shrubs planted on the project be sourced within the United Kingdom, due to concerns about biosecurity. That all seems fairly straightforward; various other noble Lords were then able in their contributions to provide some insight as to why it is not as straightforward as that. Biosecurity is an issue that we should, and do, take very seriously. We know the tremendous harm that can be wrought—we have heard about it today—however, it is not the only relevant concern. As some noble Lords have noted, we have to think about climate change and of other challenges that our woodlands may face. This balancing act was given detailed consideration by the House of Lords Select Committee, and I thank it for that.

Assurances have already been given that the nominated undertaker will grow all trees for the phase 2a scheme in the United Kingdom. It is not the case that HS2 Ltd will procure mature plants from abroad—only seeds. At least two-thirds of the required seed stock for phase 2a planting will come from Great Britain, with the remaining third being procured from an appropriate region of provenance within Great Britain and from non-British sources.

DfT officials agreed to consult with the Forestry Commission and Natural England, of which my noble friend Lord Blencathra is deputy chair, because these are the sorts of experts that we need guidance from. We are consulting with them to ensure that this seed stock is from an appropriate region of provenance and to secure stock from within Great Britain as far as is reasonably possible.

Heavy Commercial Vehicles in Kent (No. 1) (Amendment) Order 2020

Baroness Vere of Norbiton Excerpts

Thursday 26th November 2020 Lords Chamber

Moved by

[Baroness Vere of Norbiton]

That the draft Order laid before the House on 22 October be approved.

Relevant document: 33rd Report from the Secondary Legislation Scrutiny Committee

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

My Lords, this package of statutory instruments ensures that traffic can be managed effectively in Kent should there be any disruption on the short straits. This project is called Operation Brock.

As noble Lords will be aware, the Government have been working with partners in Kent to continue to develop Operation Brock during the transition period. Brock is a co-ordinated multi-agency response to cross-channel travel disruption, specifically when capacity for heavy commercial vehicles—HCVs—to leave the UK through the port of Dover or the Channel Tunnel is significantly restricted. We are prepared to use Brock should cross-channel disruption occur due to the UK’s departure from the EU at the end of the transition period, although it could also be deployed as a result of disruption relating to bad weather or industrial action. These three orders are a vital part of Operation Brock, as they will significantly expand and strengthen the enforcement regime that underpins it.

The first SI—the (No. 1) (Amendment) order—will see the extension of the sunset clause in the Heavy Commercial Vehicles in Kent (No. 1) Order 2019 to 31 October 2021. To give some history: the Heavy Commercial Vehicles in Kent (No. 1) Order 2019 provides powers to direct drivers to proceed to a motorway, removing the vehicle from the local road network, and powers to direct drivers not to proceed to the Channel Tunnel or the port of Dover except via a specified route or road.

The (No. 1) order 2019 also sets out the amount of the financial penalty deposit for offences relating to Operation Brock, and it may be helpful if I briefly explain the roadside enforcement regime. A driver with a UK address who commits a road traffic offence can be issued with a fixed penalty notice, which can be paid immediately or within 28 days. However, if a driver does not have a UK address and could avoid that follow-up enforcement action, the police or the Driver and Vehicle Standards Agency can require the immediate payment of a financial penalty deposit. If a driver cannot pay the deposit, their vehicle can be immobilised. This regime is used for many road traffic offences and ensures that penalties are paid. The deposit for breaching the traffic restrictions included in the other two 2019 orders as amended, and for failing to comply with a traffic officer exercising the (No. 1) order 2019 powers, is set at £300. The fixed penalty notice amount is also set at £300 by the (No. 3) (Amendment) order 2020.

The (No. 2) (Amendment) order is a “made affirmative” order that will extend to 31 October 2021 the sunset clause of the Heavy Commercial Vehicles in Kent Order (No. 2) 2019, which prohibits cross-channel HCVs from using local roads in Kent other than those on the approved Operation Brock routes. To facilitate traffic flow, the legislation also requires cross-channel HCVs to remain in the nearside or left-hand lane when using those parts of the Operation Brock routes that are dual carriageway local roads. Appropriate exceptions to this prohibition have been provided after consultation with the Kent Resilience Forum and freight associations.

Finally, the (No. 3) (Amendment) order has been laid using the negative procedure. This order extends the sunset clause of the Heavy Commercial Vehicles in Kent Order (No. 3) 2019 to the same date as the others, so they will all expire on 31 October 2021.

The amending order further defines the strategic roads which will require HCV drivers to obtain a Kent access permit through the GOV.UK “Check an HGV is ready to cross the border” service before setting off on an international journey via Kent. This amending order would also allow vehicles carrying specific priority goods to obtain a priority goods permit that allows them to bypass the Operation Brock queues. It also clarifies to whom local haulier permits may be issued in line with Kent County Council guidelines.

To summarise, these amending instruments continue the powers from the 2019 orders by extending the sunset clause. These instruments allow for an enforceable border readiness check to be conducted. At the end of the transition period, the UK will become a third country and the customs authorities in EU member states will introduce EU border and customs rules. Traders will need to complete new processes for customs and provide documentation to their hauliers, who will need that documentation when carrying goods, to enable smooth movement across the border. The border readiness checks will look to see whether a haulier has those documents. This is important because, without the right documentation, drivers may not be able to complete their journey to the EU. The UK port may turn them away if they do not have the required documentation—for example, some of the customs documentation will need to be scanned at the Eurotunnel check-in before the vehicle can board the train.

These orders are vital to sensible traffic management in Kent. It is critical that we demonstrate to the public and to businesses that Operation Brock has been developed and strengthened from the 2019 orders and that it will be ready, fully operational and enforceable on day one should it be needed to deal with the impact of any cross-channel disruption. I beg to move.

--- Later in debate ---

[Baroness Vere of Norbiton (Con)]

My Lords, I am extremely grateful to all noble Lords for their contributions to this important debate. I already know that I do not have a hope in answering all their questions. I will therefore deal with as many as I can and, of course, will write on points that I have been unable to cover. I should like to address up front some of the points that noble Lords raised.

This SI covers Kent because it is the area that will be most under pressure, but I reassure noble Lords that we are working closely with local resilience forums at all the major ports. We do not expect levels of disruption to be as significant at those other ports. Indeed, many plans are already being put in place by local resilience forums. We will keep an eye on that but this measure is about Kent. More than any of the others, the short straits is the crossing that is most used. I reassure noble Lords that the Kent resilience forum liaises closely with surrounding counties. It is not just about Kent but about movement of traffic that is sometimes a significant distance away. The Kent forum liaises with the surrounding areas.

A number of noble Lords mentioned the date and whether 31 October is sufficient. We believe it is. It is right to come back to Parliament to seek to extend it. I hope not to be back in October to face the music in your Lordships’ House. The purpose of the entire project is to enable traders to have time to adjust to the new customs requirements. Once that has happened and the hauliers know which documents to expect from their traders, this will not be required. You need customs documents at borders in all sorts of places, across the world. This is not a unique circumstance; it is a transition.

This will be activated. The simplest answer to when it will be activated is when it is needed. That depends on the readiness and volume of the hauliers approaching at any time. Many variables will go into the decision by Kent Police to put Operation Brock in place.

Many noble Lords talked about the level of disruption. Our current estimates state that there could be up to 6,500 HCVs in January. Given a slight increase in usage of the crossing in February, if trader readiness does not improve—and I hope it does—the queue could reach up to 7,000 HCVs. These are maximum or reasonable worst-case figures. This is not what we expect or anticipate to happen; it is what we are planning to happen. Our motto in the DfT is to plan for the worst and hope for the best. It is important to recognise that: there will not be 7,000 HCVs parked in Kent, every day, from January to 31 October. It will get better.

I will address the recent disruption in Kent, which I recognise happened, on Tuesday. The French authorities trialling their post-transition boarding systems was one factor, but there was also a power outage at Euro- tunnel, which exacerbated the situation and caused delays on the M20. That disruption was contained and further measures were not required.

Local consultation is important, because we all recognise the impact on residents in Kent, which is why we want this to be resolved as quickly as possible. We want traders to be ready and for things to go back to where they were before, when one could get on the Eurotunnel easily and quickly, whether one was a private driver or in a HCV. So we have been in consultation with local people, which is incredibly important. We consulted local people, unions and various stakeholders on the policy changes that are before your Lordships’ House today.

Picking up the point made by my noble friend Lady Wheatcroft, the site at Sevington, previously known as MOJO, was put in place using an SDO—special development order. It is a quicker way of getting planning permission. However, even that requires engagement with local residents. There is a 14-day engagement period, when the views of local stakeholders can be gathered. It is important to understand local concerns and to mitigate them where we can. We understand that we probably cannot make everybody 100% happy but, where we can improve the situation, we are committed to doing so. We continue to communicate closely with local residents and businesses.

Also mentioned by my noble friend Lady Wheatcroft was the on/off nature of the barrier in the middle of the M20. The permanent barrier was removed, because it requires a speed limit of 50 miles an hour, which slows down the traffic. We have a much better solution now; we have a monster machine that can move a barrier in place when we need to put a contraflow into action. We do not expect that barrier to be in place most of the time.

A number of noble Lords had questions on fines and enforcement. Basically, if you are stopped as a driver, you will get a piece of paper that says, “You need to pay £300.” You will either get a penalty charge notice, which gives you 28 days to pay, or, if you are a foreign haulier, you will get a piece of paper saying, “We want the money now”, in the nicest possible way. I reassure noble Lords that fines can be paid by direct transfer or credit card. It is very unusual for cash to be used in these circumstances.

A number of noble Lords also asked why the driver is at fault here. It is because the driver has done something wrong. The driver is not being fined for having incorrect documentation. The driver is being fined for driving on a road that they should not have been driving on. The driver is being fined because they committed the offence.

A number of noble Lords expressed deep concern about the DVSA and whether it would be able to do this. The DVSA does this every day. This is what it does. It does enforcement. It levies fines for various areas including overloads, drivers’ hours and construction and use defects. This is what the DVSA does. It takes about 10 minutes to issue one of these fines. and the DVSA is perfectly capable of pulling over a vehicle into a layby.

A number of noble Lords asked which vehicles are included, whether some vehicles would get priority and all that sort of stuff. The noble Lord, Lord Whitty, asked whether we would give special dispensation to vehicles coming from the Republic of Ireland through to the short straits. All vehicles of whatever nationality will be treated equally, whether they start in the Republic of Ireland or anywhere else. These Kent access permits can be booked at any time of day. They last for 24 hours, so that should not cause a problem with planning journeys.

I forget which noble Lord mentioned emergency vehicles and their ability to pass. That is the point of these orders. They define exactly where HGVs can park up and stop and therefore leave the routes clear for private motorists, local traffic and emergency vehicles. That is the entire point of these orders.

We talked about prioritisation. It is very important. It is right that it is limited for animal welfare reasons to single loads of fresh and live seafood and day-old chicks. Defra estimates that on average about 70 HGVs a day would be of such exports. As I mentioned earlier, because the orders are in place we know where the trucks will be. They will be able to bypass the trucks and get on to the ferry or the Eurotunnel train quicker. Local haulier permits are needed only if they are going abroad. It means that they do not have to go to the back of the queue and can go straight to the departure point.

On information for drivers, I recognise that one type of information will not fit all. That is why we are providing information in different formats, in different locations, in handbooks and in physical advice sites. Our engagement with Logistics UK and the RHA is ongoing. It is extensive and we take great heed of what the unions have to say. On driver welfare, the Kent Resilience Forum is looking at that in great detail. Facilities will be in place at Sevington and at Manston Airport. There will be wi-fi at Manston Airport. There will be loos. There will be catering facilities. We are looking at putting in medical facilities. I believe that by the time we get to use these facilities they will have all that is needed for driver welfare. I will also remind my honourable friend Rachel Maclean about her offer to meet Unite. It is only Thursday and the offer was made on Monday, so I think we can give her a few more days.

I have many other questions that I really wanted to address but I have gone over so I will have do so in writing. They were on customs agents, heat-treated pallets and Covid contingencies. I go back to the key point that after 31 December we will need customs documents. Therefore, these arrangements may be required. It is essential that hauliers and traders are ready for 31 December. The more they are ready, the less likely it is that we will need these arrangements.

Motion agreed.

Heavy Commercial Vehicles in Kent (No. 2) (Amendment) Order 2020

Baroness Vere of Norbiton Excerpts

Thursday 26th November 2020 Lords Chamber

Moved by

[Baroness Vere of Norbiton]

That the draft Order laid before the House on 22 October be approved.

Relevant document: 33rd Report from the Secondary Legislation Scrutiny Committee

Motion agreed.

Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2020

Baroness Vere of Norbiton Excerpts

Wednesday 18th November 2020 Grand Committee

Moved by

[Baroness Vere of Norbiton]

That the Grand Committee do consider the Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (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 European Union (Withdrawal) Act 2018 in order to give effect to the Northern Ireland protocol in the withdrawal agreement.

The United Kingdom has already introduced European Union exit legislation on ship recycling. The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019, approved by your Lordships’ House on 29 January 2019, will come into force at the end of this year. The purpose of these regulations is to ensure that our retained legislation on ship recycling will continue to be legally operable, and to transfer functions from the European Commission to the Secretary of State.

The regulations before the Committee today are necessary to implement the Northern Ireland protocol, which addresses the unique circumstances on the island of Ireland. The Northern Ireland protocol includes provisions in Article 5 which specify that certain provisions of EU law will apply in respect of Northern Ireland. The EU ship recycling regulation is one of the provisions listed in Annexe 2 of the protocol. As a consequence, EU law will affect ship recycling facilities in Northern Ireland.

The EU ship recycling regulation transposed key parts of the Hong Kong convention on recycling of ships into EU law. The provisions apply to ship recycling facilities in the EU and to EU-flagged merchant ships above 500 gross tonnes. They do not apply to military vessels.

The main provisions of the EU regulation have applied from 31 December 2018 and include: rules about the authorisation and permitting of ship recycling facilities; the steps EU and non-EU ship recycling facilities should take if they want to be listed in the EU’s approved list of ship recycling facilities, known as the European list; a requirement that all EU-flagged ships must be recycled at an approved ship recycling facility, according to a certified ship recycling plan; and a requirement that all new EU-flagged ships must carry a valid inventory of hazardous materials. The EU regulation also requires existing EU-flagged ships, as well as non-EU flagged ships calling at European ports, to carry an inventory of hazardous materials by the end of 2020.

The new draft regulations amend the 2019 exit regulations. This in turn amends the retained EU ship recycling regulation and devolved legislation which affects Northern Ireland. I stress at this point that we have consulted Ministers in the Northern Ireland Executive about the changes to the draft regulations, and they have given their consent.

This instrument makes two substantive changes. First, it amends the provisions affecting ship recycling facilities in Northern Ireland to reflect our obligations under the Northern Ireland Protocol. In particular, it prohibits facilities not on the EU’s approved European list from recycling EU-flagged ships, and it requires competent authorities in Northern Ireland to notify the Secretary of State about any change in the authorisation or permitting status of their facilities. It also requires the Secretary of State to notify the European Commission of any such changes.

The impact of the protocol means that the existing arrangements for Northern Ireland facilities will remain the same at the end of the implementation period. Facilities in Northern Ireland will remain listed in Part A of the European list, which covers facilities located in the EU and in the European Economic Area. Secondly, the draft regulations will incorporate changes to reflect the fact that, by the end of this year, existing UK ships and non-UK ships calling at UK ports must carry an inventory of hazardous materials. This is a welcome development, because new ships are already required to carry a certified inventory. Applying this provision to existing ships should result in a more coherent and complete regime for the safe and environmentally sound recycling of ships.

Ensuring the safe and environmentally sound dismantling and recycling of ships at the end of their operational life has been a concern for a number of years. Many ships are currently dismantled on beaches in Asia, with little regard for human safety or protection for the environment. It is important, therefore, that we continue to have an effective ship recycling regime, which protects public health and the environment.

The changes introduced by this instrument will ensure that environmental law continues to function at the end of the transition period and demonstrates that the UK is implementing its commitments under the Northern Ireland protocol. I commend these regulations to the Committee.

[The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)]

The noble Lord, Lord Berkeley, has withdrawn, so the next speaker is the noble Lord, Lord Bradshaw.

--- Later in debate ---

[Baroness Vere of Norbiton (Con)]

My Lords, I thank all noble Lords for their contributions to today’s very short debate. These regulations are fairly simple, but a number of good questions have been raised that I would like to go into in a little more detail, if I can.

On the practical implications in Northern Ireland, which were mentioned by the noble Lord, Lord Rosser, although the right reverend Prelate claimed not to be an expert, it is quite useful to understand what will change in Northern Ireland, because, basically, nothing will change. The permitting regime will stay the same after the implementation period as it is now, and the competent authorities will stay the same. Each devolved Administration will continue to use their own competent authorities to approve and permit their facilities—that will happen in each region of the country.

The main difference worth emphasising is that facilities in Northern Ireland will get some benefit from this because, as noble Lords have pointed out, they will join the Part A of the European list until their permit expires. When their permit expires, it will probably be quicker and easier for them to reapply if they decide to remain on the list. Facilities in the rest of the UK will be treated as non-EU/EEA facilities and will be removed from the list. However, it is true that the three facilities that will be removed from the list can reapply to join, and they would do so under Part B. We know that that process is under way. Over time, we would expect the two lists to remain fairly closely aligned, because the standards will start off the same.

We have been in conversation with the three facilities that will need to join Part B, and we have also had reassurance from the European Commission that it will be sympathetic. For example, we have asked it to waive the non-mandatory elements of the application process for these three recycling facilities, which are: Able UK in Middlesbrough; Swansea Drydocks; and Dales Marine Services, near Edinburgh. If the Commission waives the non-mandatory elements, we expect that this will accelerate the process and, once on the European list, all UK facilities would be treated equally. However, I reiterate that this relates to a relatively small proportion of a shipyard’s business.

The right reverend Prelate talked about the coverage of the impact assessment. Of course, he has been in the House long enough to know that the impact assessment covers only the regulations that we are looking at, but he is right that the marine industry as a whole has a significant impact on carbon emissions, which we need to take incredibly seriously. I am sure that the right reverend Prelate has been hanging on the Prime Minister’s every word today as he outlined our 10-point plan, which includes £20 million for marine decarbonisation. That will be a really good springboard to try to look at what will work for marine. We recognise that there is an issue that we need to address. There is a longer-term strategy, Maritime 2050, which looks at the sector going out many decades, but we recognise that, ahead of COP 26, there is a lot that we can do. I know that the maritime sector is keen to play its part in decarbonisation, and I am very interested in looking at the various technologies that might be forthcoming that will help to decarbonise the sector as a whole.

However, on the basis of what I have said, I hope that noble Lords will feel able to agree to these regulations.

Motion agreed.

Railways: Fare Structures

Baroness Vere of Norbiton Excerpts

Tuesday 17th November 2020 Lords Chamber

[Lord Bradshaw]

To ask Her Majesty’s Government what plans they have to amend their policies on rail fare structures.

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

My Lords, the Government are considering how we can modernise our fares and ticketing offer to develop more convenient and better-value options for everyone. However, our immediate focus must be on ensuring that we keep the railway available and safe for those who rely on it.

[Lord Bradshaw (LD) [V]]

The rail industry has made many proposals to the Government on the reform of fares structures to better reflect current market conditions. When will the Government make some of these decisions?

[Baroness Vere of Norbiton (Con)]

The noble Lord is quite right. Indeed, the Government proactively approached the train-operating companies for proposals on how we can make our fares and ticketing system better for consumers. We have received a number of proposals over the summer and are considering them.

[Lord Snape (Lab)]

My Lords, it is apparent that the Treasury will insist on an inflation-plus increase in rail fares next year. Does the Minister feel that such a policy will attract passengers back to the rail system following the pandemic? Is it not more likely that, given the continuation of the 11-year freeze on fuel duty, more motorists will take to the roads, causing even more congestion and pollution in future?

--- Later in debate ---

[Baroness Vere of Norbiton (Con)]

The Government are considering plans for any increase in regulated rail fares. The taxpayer has provided huge support to train services during the pandemic; passengers must also contribute to maintaining and improving the service, and any fare rises will fund crucial investment.

[Baroness Randerson (LD)]

My Lords, will the Minister tell us whether the rumours are true that next year’s fare increase will not just be RPI, at 1.6%, but RPI plus 1%, so a 2.6% increase? Is that being considered by the Government, and does the Minister accept that rail passengers in Britain already pay fares that are very much higher than in the rest of Europe and really should not be expected, at this difficult time, to carry an extra burden?

[Baroness Vere of Norbiton (Con)]

I am sure that the noble Baroness will understand that I could not possibly comment on rumours, but I refer her to the answer that I just gave to the noble Lord, Lord Snape, about the Government’s plans for any increase in regulated rail fares.

[Lord Moylan (Con)]

My Lords, public transport must provide sufficient capacity to meet demand in peak periods and so has excess capacity at other times of the day. If public transport is to maximise its own fares revenue and avoid dependency on the taxpayer, does my noble friend the Minister agree that operators should be allowed to offer a broad and flexible range of non-regulated fares so as to recognise variations in demand, and that a move to a rigid and simple fares regime is likely to force unnecessary increases in many fares?

[Baroness Vere of Norbiton (Con)]

My Lords, fares revenue remains a core component of funding for the railways, and I agree that it is important that train operators manage their businesses in line with taxpayers’ interests. Any proposals for changes to fare structures will, of course, be discussed with train-operating companies to ensure that they deliver for both passengers and taxpayers.

[Lord Loomba (CB) [V]]

My Lords, now is the opportunity to reset the balance and give rail passengers better value for money. Can the Minister tell us whether the Government will look into the pricing of unregulated short journey tickets that increase yearly at a higher rate than longer journeys, leaving passengers paying more over time than they should?

[Baroness Vere of Norbiton (Con)]

I refer the noble Lord, Lord Loomba, to my previous response to my noble friend Lord Moylan. However, the Government are very clear that we want punctual and reliable train services, and at a price that is fair to the taxpayer and to the passenger.

[Lord Rosser (Lab) [V]]

In August, the Government provided the money to enable people to have cut-price meals, to help restaurants and similar establishments recover from the loss of business as a result of Covid-19 by getting people to eat out again. Do the Government have any similar plans for enabling people to travel at half price, or a significant discount, on our railways for a period of time, as a means of encouraging people to travel by train again after the end of the current lockdown?

[Baroness Vere of Norbiton (Con)]

The noble Lord must be reading our minds. Of course, there will be man things that we might want to consider doing once the course of the pandemic is clear and we have come out the other side, and once there are no restrictions on people’s travel. It may be that we introduce certain incentives, because we all know that the best way to travel is on public transport.

[Lord Greaves (LD) [V]]

My Lords, the Minister is being uncharacteristically coy in her answer to all these questions and saying nothing at all. She did say that the railways at the moment must be available and safe. They are available and are extremely safe, but the danger is that when the Covid emergency comes to an end, people will not go back to them. Can she tell us what the Government’s plans are and what they are thinking about in order to get people back on trains once it is possible for everyone to go on them?

[Baroness Vere of Norbiton (Con)]

I am not sure I have been called “uncharacteristically coy” before. However, the noble Lord is absolutely right: we are in a situation at the moment where people’s habits may change, which means they may form the habit of not using public transport. This is the same for trains, light rail and buses, across our public transport system. Of course, the Government are thinking very clearly and hard about the sorts of mechanisms that we can use, whether that be marketing campaigns or incentives, as I outlined to the noble Lord, Lord Rosser. We will consider all of these things. However, now is not the right time for that; now is the time to follow the November restrictions to make sure that we keep the virus under control.

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

This is an area where I can help the Government. At the moment, rail fares have been going up, year on year, often above normal increases, but at the same time, since 2011, people driving have paid less and less. So the cost of driving on our roads falls because there is no more fuel duty, yet the cost of rail travel keeps rising. One way to make the railways competitive with driving again would be to reinstate fuel duty at a realistic level.

[Baroness Vere of Norbiton (Con)]

I thank the noble Baroness for her advice; I am sure the Treasury is listening. As I said to the noble Lord, Lord Snape, earlier, we are considering plans for rail fares in the future, but we are working very hard on how to modernise our ticketing offer such that rail travel is as affordable as we can possibly make it.

[Lord Young of Cookham (Con)]

My Lords, one of the challenges facing the railways is to spread the morning peak; reduced fares kick in after about 9 am. Would my noble friend consider reductions for journeys that begin before, say, 7 am, to spread the peak earlier as well as later?

--- Later in debate ---

[Baroness Vere of Norbiton (Con)]

I thank my noble friend for that suggestion and I will make sure that the department looks at it. However, one thing that I discovered in my work with TfL is that the morning peak is now shockingly early and seems to start at about 5.30 am.

[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

Lord Berkeley. No? We will move on to the next speaker. I call the noble Lord, Lord Lancaster of Kimbolton.

[Lord Lancaster of Kimbolton (Con)]

My Lords, commuters on the west coast main line have been jammed in like sardines for years—never an appealing prospect, and even less so in the time of Covid. As well as flexibility on pricing, do we not also need to look at increasing capacity on our railways if we are to tempt people back to rail use?

[Baroness Vere of Norbiton (Con)]

The noble Lord is of course completely right. That is why the Government are investing £48 billion over control period 6, not only to maintain our railways but to enhance them and to increase capacity.

[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

We have a few minutes, so we will try the noble Lord, Lord Berkeley, again. No, he is not there. In that case, the time allowed for this Question has elapsed. We now come to the fourth Oral Question.

Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2020

Baroness Vere of Norbiton Excerpts

Monday 16th November 2020 Lords Chamber

Moved by

[Baroness Vere of Norbiton]

That the draft Regulations laid before the House on 12 October be approved.

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

My Lords, in this group of three statutory instruments, the first relates to type approval and the remaining two to carbon dioxide emissions from cars and vans and heavy duty vehicles or HDVs. The instruments have been considered by the Secondary Legislation Scrutiny Committee and the Joint Committee on Statutory Instruments, and neither drew them to the attention of your Lordships’ House.

First, the Road Vehicle and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2020 will be made under the European Union (Withdrawal) Act 2018 and the Road Traffic Act 1988 and are needed for the end of the transition period. This instrument amends the previous regulations relating to type approval approved by your Lordships’ House on 20 February 2019, which I will call the 2019 regulations.

There are two main areas of amendment in this first SI. The first is to change the regulations so that they apply in Great Britain and not in Northern Ireland. This is to implement our Northern Ireland protocol obligations and is so that we maintain control over the registration of vehicles and ensure unfettered access to Great Britain for businesses in Northern Ireland after the transition period.

Currently, most new vehicles can be registered and placed on the UK market only with a valid EU type approval. Existing EU exit legislation provides for a provisional UK-wide type-approval scheme to maintain control of vehicle registration after the transition period. It must now be amended to implement our Northern Ireland protocol obligations. The protocol applies EU type-approval legislation to Northern Ireland, so this instrument disapplies the 2019 regulations in Northern Ireland, essentially leaving the status quo in place there, while ensuring unfettered access for goods produced in Northern Ireland to the GB market. Vehicles sold in Northern Ireland will continue to be registered using an approval issued against EU standards, either by an EU authority or by the UK’s Vehicle Certification Agency, known as VCA.

The second area of amendment in this SI is that it removes an EU restriction limiting the height of mass-produced vehicles and trailers to four metres. This rule was introduced by the EU to protect infrastructure such as overhead tram wires in some member states. Manufacturers can currently produce vehicles taller than four metres for the UK, such as double-decker buses, but must use a more cumbersome national approval scheme that is designed for low-volume producers. This change will allow the main type-approval scheme to be used, which is more straightforward and economical for manufacturers.

The second instrument in the group is the Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2020, covering the setting of carbon dioxide emission targets and their enforcement on new car and van manufacturers. These regulations will create requirements in Great Britain only, given that they are also covered by the Northern Ireland protocol.

EU regulation establishes mandatory fleet average carbon dioxide emissions targets for all new cars and vans registered in the EU per calendar year. Manufacturers receive individual fleet targets based on this top-level target by comparing the average weight of their fleet against the average weight of all relevant vehicles registered in the EU. As only the fleet average is regulated, manufacturers may sell vehicles with emissions above their target, provided that the emissions of their entire fleet balance out. Fines are levied on manufacturers for non-compliance.

The draft instrument corrects deficiencies in the EU regulation as well as in associated delegated regulations and implementing decisions, providing the Government with the ability to set and enforce emissions targets that are

“at least as ambitious as the current arrangements for vehicle emissions regulation”,

which the Government committed to in 2018. It also amends a prior EU exit SI, the Road Vehicle Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019, reflecting changes to the EU regulation since that SI was laid.

Finally, the New Heavy Duty Vehicles (Carbon Dioxide Emission Performance Standards) (Amendment) (EU Exit) Regulations 2020 establish carbon dioxide reduction targets for new heavy duty vehicles or HDV fleets designed to encourage the uptake of zero-emission vehicles and to promote efficiency improvements in new internal combustion engines. There are no Northern Ireland protocol considerations with this instrument.

Manufacturers receive individual fleet targets that match the EU-wide carbon-reduction targets in the legislation. As only the fleet average is regulated, manufacturers may sell vehicles with emissions above their target, again provided that the emissions of their entire fleet balance out. Fines will be levied on manufacturers for non-compliance from 2025.

As with cars and vans, this instrument ensures that the Government can set and enforce emissions targets on new HDV manufacturers that are

“at least as ambitious as the current arrangements”.

It also amends a 2019 EU exit SI on the collection of data from new HDVs to reflect subsequent changes to EU legislation.

The changes made in the type-approval and the carbon dioxide emissions standards SIs ensure that we retain control of the registration of vehicles, maintain continuity of vehicle approvals and emissions, minimise costs to industry and implement the Northern Ireland protocol. I commend these regulations to the House.

--- Later in debate ---

[Baroness Vere of Norbiton (Con)]

My Lords, I thank all noble Lords for their consideration of these draft regulations. I will respond to as many points as I am able in the time available and will of course follow up with a letter if needed; there have certainly been some questions on which I know I do not have the information to hand—but I will do my best.

I turn first to the role of the VCA. The noble Baroness, Lady Randerson, noted an interesting point about how the VCA was going to do both GB-type approval and UK/NI-type approval. She may be interested to know that it also does EU-type approval, in conjunction with other EU member states. The VCA is a really high-quality certification agency and I am really proud of the work that it does. So, although I am grateful for the concerns that the noble Baroness raised, I believe that being able to respond to different type approvals in different countries with different requirements is well within the grasp of the VCA.

The noble Baroness talked about the impact on trade with Northern Ireland and what it is going to look like over time. I agree that we are in quite an interesting moment as we settle down to the new regime and how it will all work, but it is the case that the role of the Northern Ireland protocol is to make sure that certain elements are reflected where needed and that trade can continue as much as possible, so unfettered access ensures that Northern Ireland businesses do not need additional approvals to sell in GB. However, we will monitor the situation and consider applying anti-avoidance measures if concerns are raised about goods potentially arriving into GB that have come from elsewhere via Northern Ireland. For the time being, though, we are perfectly confident that the new regime will work very effectively.

On the issue of the removal of height restrictions, the noble Baroness, Lady Randerson, asked if we felt that vehicles were going to get higher. We do not. The whole purpose of the removal of the height restriction is purely so that the vehicles can be approved under the more standard type approval process rather than the small-volume type approval process, so it is really just to make it easier for manufacturers. I do not expect our double-decker buses or trailers to get taller any time soon, although I recognise her concern about bridge strikes. They concern me too, particularly when they involve double-decker buses that could have passengers on them. That issue is a big concern for the industry; I have written to bus operators about it and asked them to make sure that their vehicles are going down the roads that they should be.

I turn to the carbon dioxide SIs. I reiterate that the Government are committed to our international and national environmental obligations. We absolutely recognise the need to go further than the existing regulatory framework, but of course what noble Lords are discussing today relates to the carbon dioxide framework in EU law as is, which we are just bringing across and making sure that it works—so it does not really apply to future considerations.

The noble Lord, Lord Rosser, said his opposite number did not get a good response from the Commons Minister. I am going to do my best, but I fear that I will need to follow up with a letter. On the standards for cars and vans, the headline targets are 95 grams of carbon dioxide per kilometre for cars and 147 grams of carbon dioxide per kilometre for vans. Those are being retained, as are the formulae setting out the individual manufacturer targets—so those things are set in stone. However, these formulae set individual targets by comparing the weight of a manufacturer’s new vehicle fleet against the average EU vehicle, and the UK average vehicle mass is above the EU average vehicle mass. One of the consequences of adopting the current regime is that the sum of the individual manufacturer targets in the UK will be slightly higher than the sum of the targets in the EU. So, while this may appear to be a loosening of standards, that is incorrect; it simply ensures that manufacturers must apply the same carbon ambition that they currently employ in the UK. Effectively, manufacturers will be able to sell the vehicles that they would otherwise have been able to sell in the UK after the transition period has ended. Noble Lords will note that we did a consultation around the carbon dioxide standards and this mechanism was felt to be the most appropriate, although it was recognised during the consultation that there was an issue.

I turn back very briefly to Northern Ireland and the issue raised by the noble Baroness, Lady Randerson, about where NI-registered vehicles would count. They would count towards the manufacturer’s EU totals; NI will all be part of that. So it will not be that they are lost; they will just go into another bucket to be counted. That is what happens when a vehicle ends up in Northern Ireland; it may be manufactured in GB but then goes to Northern Ireland and it is very important that that figure is not counted twice, as it might otherwise have been.

The noble Baroness asked why Northern Ireland was not in the third SI, or why it is not pulled out of it. That is because heavy-duty vehicles are not included in the Northern Ireland protocol and therefore do not need to be dealt with in the same way that we are dealing with cars and vans. The UK-wide totals apply, so there will just be a different reporting requirement.

The noble Baroness also asked why the dates had been changed from March to September. I am reliably told that the reporting dates for HDVs have been changed at EU level. The EU legislation has changed, so we are simply transposing what has been changed at the EU level. Why the EU changed it from March to September, I do not know. If the noble Baroness would like a letter, I will send her one—but I am not sure I will be able to shed much light.

The noble Lord, Lord Bradshaw, asked who does roadside testing and enforcement. Emissions testing at the annual test is of course carried out by the DVSA for lorries and buses, while for cars and vans the DVSA obviously oversees all the MoT testing centres that we have around the country. The DVSA carries out a visual assessment of the emissions control system and visible exhaust smoke at roadside inspections but does not yet have emissions-testing equipment to measure emissions or smoke at roadside checks—although it does for the annual test. The DVSA is looking at trialling some new equipment that would be able to look at that in more detail, and we will have more on that soon.

On the number of spot checks that the DVSA has made, there were 172,000 checks on vehicles and drivers last year. I am not 100% sure about the arrangements for vehicles registered in the EU; I presume that they can be fined pretty much as well as anyone else can, but I will write to the noble Lord on that.

A number of noble Lords asked what we are going to do after the end of the transition period. While that goes slightly beyond the scope of the SI today, it is worth noting that we have great ambitions for our future UK carbon emissions regulation. As noble Lords will know, we have consulted on ending the sale of new petrol, diesel and hybrid cars and vans by 2035, or earlier if a faster transition appears feasible. The results of that consultation are coming in due course.

The matter of regulation and EU standards is very important. It is also something that troubles me greatly in terms of global standards. Vehicle standards are increasingly harmonised now at a global level—for example, through the UN and UNECE. The UK plays an active and leading role in UNECE and will continue to do so, so the majority of EU regulations actually arrive at the EU from a UN process that the UK is very involved in. So any changes to the regulatory regime would consider the views of and implications for all manufacturers and other interested parties, as well as having the UK regulations interact with the EU regulations and indeed the UN regulatory regimes.

Currently, carbon dioxide emissions are measured in the same laboratory test that is used to measure pollutant emissions—nitrogen oxides and particulates—and there are no plans to change this.

The noble Lord, Lord Kirkhope, mentioned Euro 6, and, of course, that standard will be retained in UK law after exit.

I was delighted when the noble Baroness, Lady Jones of Moulsecoomb, said that these SIs could not be argued with: I took that as a result. However, she then went on to ask about who was looking after the transport strategy and to whom she could write. I would be very happy to receive letters from the noble Baroness, and I will pass them on to my fellow Ministers, depending on which portfolio she is writing about.

The Government have great ambitions both for reducing air pollution and for increasing the use of electric vehicles. There is an interesting dichotomy that the noble Baroness always comes up, which is about reducing road traffic, as if that in itself has to be a goal. While I agree that congestion in certain places is absolutely terrible and road-space allocation is really important, I am not entirely sure that I would wish just yet to take away an individual’s right to transport themselves from A to B in a non-polluting vehicle.

Motion agreed.

Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2020

Baroness Vere of Norbiton Excerpts

Monday 16th November 2020 Lords Chamber

Moved by

[Baroness Vere of Norbiton]

That the draft Regulations laid before the House on 13 October be approved.

Motion agreed.

New Heavy Duty Vehicles (Carbon Dioxide Emission Performance Standards) (Amendment) (EU Exit) Regulations 2020

Baroness Vere of Norbiton Excerpts

Monday 16th November 2020 Lords Chamber

Moved by

[Baroness Vere of Norbiton]

That the draft Regulations laid before the House on 13 October be approved.

Motion agreed.