Flying Schools: Liquidation

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 13th November 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I think the noble Lord is trying to tempt me into the wider economy, when I am focused on flying schools. But when trainee pilots pay money over to the flying schools, they should ask themselves whether it is reasonable. BALPA is considering a finance fairness charter, which I am sure the noble Lord would also support, which would ensure that flying schools that sign up do not accept excessive advance payments, and that they commit to transparency regarding costs and charges.

[Baroness Randerson (LD)]

My Lords, the Minister seeks to downplay the significance of these problems, and the demise of these three companies. She seeks to downplay the amount of money that is owed to individuals—£80,000 is a significant amount to most people. Is she not concerned that the situation will undermine the reputation of the UK aviation industry, and the skills for aviation that we really need to build up as a nation, rather than undermining them with the failure of companies?

[Baroness Vere of Norbiton (Con)]

Three flying schools have closed. One of those was a planned closure, and the trainees were not impacted. Two were unplanned closures, and trainees were impacted. There remain around 270 flying schools. As I said, it is a small amount. The noble Baroness mentioned £80,000; I cannot corroborate that figure. That seems quite high to me; it would mean that somebody is paying for their entire training up front. Again, this is the point I am trying to make; it is up to the trainees. Working with BALPA and the CAA—wherever trainees get their information—it is about getting the information to them to say: “You do not need to pay vast amounts of money up front, and if a flying school is asking for that, it is entirely reasonable to go elsewhere”. As I say, there are 270 flying schools in the UK.

HS2 Ltd: Costs

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 25th October 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

The noble Baroness will be unsurprised to hear that I do not agree. I do not normally comment on media articles, but this was a collection of old allegations which, as I said previously, the National Audit Office has established were unfounded. I also said that HS2 Ltd is looking at the allegation that has not yet been investigated, so I cannot comment on it. However, the noble Baroness is right that some good things have come out of the cancellation of HS2, such as the billions of pounds that we have been able to invest in the rest of the transport network in the north and the Midlands.

[Baroness Randerson (LD)]

My Lords, making even less economic sense than the Government’s decision to truncate HS2 at Birmingham is their vindictive scorched-earth policy to sell off all the land they purchased immediately. Will the Government learn the lessons of railway history? Many good modern rail projects cannot proceed because land was sold off following the Beeching debacle—another expert Tory action. Will the Government learn that lesson and undertake a thorough look at all the pieces of land for all potential future rail projects, many of which they are suggesting, to make sure that no land is sold off that will be needed in future?

[Baroness Vere of Norbiton (Con)]

I am delighted to reassure the noble Baroness that that is precisely what we are doing. We have looked at the land for phase 2a and concluded that we do not need it for other rail projects. Therefore, safeguarding will be formally lifted. However, we will not lift the formal safeguarding for phase 2b until next summer, because there is a job of work to be done. The noble Baroness is absolutely right: the Government will not sell off the land until we have established which bits will be needed for projects such as Northern Powerhouse Rail.

Transport: Zero-emission Vehicles, Drivers and HS2

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 17th October 2023 Lords Chamber

[Baroness Randerson (LD)]

My Lords, what a shambles. In their frantic search for a few more votes in order to cling on to power, this Government have abandoned their pretence at leadership on decarbonisation. They have abandoned their pretence to modernise our public transport system along with any claim to care about pedestrian safety or clean air, which is so important for our health and particularly the health of our children. It is important to remember that 20 mph zones are not anti-motorist; they are pro-pedestrian. You are five times more likely to die if hit by a car at 30 mph than at 20 mph. I remind noble Lords that fewer than half of us as a percentage of the total population drive cars, yet almost all of us are pedestrians.

By abandoning targets for electric vehicles, the Government have undermined the automotive industry and deterred new investment. The Statement refers to an increase in the number of charge points, but the huge restriction on that expansion in their number, especially at motorway services, is the capacity of the grid. So what plans do the Government have to expand that capacity?

Of course, HS2 has not been well managed—the current Government have been in charge—and it is costing a great deal. It is not good value for money because the Government have turned it from an ambitious high-speed project into a short-distance shuttle. It is a fact that it costs more per mile to build any form of infrastructure in the UK than in almost any other country in Europe. Rail infrastructure costs are generally twice the amount per mile of those in France. Will the Government hold an inquiry, not just to into HS2 and how it came to cost so much and go so badly wrong, but into why we are so bad at building major infrastructure projects that provide value for money?

The Prime Minister announced a list of replacement projects, many of which were just recycled announcements. One of them, the Manchester Metrolink to the airport, has actually been in force for nine years. The Government then said that this was just an illustrative list—“This is a road”; “This is a railway”—but we did not need that sort of illustration. Can the Minister clarify the status of the wishlist? How and when will final decisions be made?

There was an announcement of £8.3 billion for potholes. We have plenty of potholes, I will give the Government that, but I am suspicious of the amount because it sounds to me like a difficult figure to account for. We might find it difficult to track whether that money has gone fairly across the whole country to the areas that need it most. Can the Minister explain the mechanisms the Government intend to use for the disbursal and spending of that significant amount of money?

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

I am grateful to both noble Baronesses for their contributions on this incredibly important Statement. It is the case that the Government had to make a difficult decision. The facts have clearly changed, and we needed to change our approach. All noble Lords will know that the situation with business travel is very different nowadays. Leisure travel has increased but business travel did not come back. On the basis of those facts, we had to make some decisions.

In doing so, though, we have repurposed the investments that would have been made in HS2 into a vast array of investments—mostly in the north, I will grant, but then I am often asked about investments in the north. I am delighted that about two-thirds of this investment will go there while much of the rest will go to the Midlands. I am really excited by the various investments that the Government have set out. Many of those were not mentioned by the two noble Baronesses but I will try to work them into my answers because there are many. Neither noble Baroness mentioned buses. We love buses, and we are investing an additional £1 billion in them. That is the sort of thing the noble Baronesses have been pressing me to do for a very long time and we are doing it—but no, there were no thanks for those sorts of things. I will answer their questions, but I will try to get the good news in as I can.

The noble Baroness, Lady Taylor, asked me a number of questions. She will have to forgive me; I am afraid they came out very quickly and I was doing my best to try to follow them, but I will try to answer them. The decision was taken by the Secretary of State the day before the announcement. Obviously, there was a Cabinet meeting on the day of the announcement to discuss the decision and to reach collective agreement, and it was then announced by the Prime Minister. Had that agreement not been reached, the Prime Minister would have been unable to announce the cancellation and the massive investment which is the corollary to the cancellation, and the video would not have been played. I cannot get too excited about a video.

However, I will be clear that this is a decision for the Government. It is a government programme. The Government set the policy direction of HS2, and HS2 Ltd is responsible for the delivery of the railways, so it is a government decision, a national decision. However, as the noble Baroness will know, and I am sure she is delighted to hear, the Government are committed to investing £12 billion to improve the speed and east-west connectivity between Manchester and Liverpool. For those sorts of things—that vast sum of money that will be invested in east-west connectivity—it is up to local leaders to help us shape that investment. The noble Baroness will also be pleased to know that we have started discussions with the metro mayors and their teams on how we are going to get the best out of that £12 billion.

It is worth talking about delivery. Many of the projects that were in the package are delivered by different people. This is an important aspect to understand: the Government can shape the programme of National Highways and indeed Network Rail but, when it comes to investment, for pretty much everything else we are reliant on local partners, and that is absolutely right. People throw the criticism towards the Government, “Oh, but your list is somehow illustrative”, but of course it is. We are not going to drive a coach and horses through local democracy. In the LLM and MRN projects, not only has funding being topped up for about 70 road schemes, so that they will be funded 100%, but we are doing another round of funding. However, neither of those things can be done without the agreement of the local authority. It is up to the local authority to bring forward projects for consideration for funding, and indeed to develop the business cases. So, for some projects, in five years’ time the noble Baronesses may turn round to me and say, “Baroness Vere, you did not deliver on that project”, but that probably would not be down to the Government. It would be down to the local authority deciding that, for whatever reason, it was not right for their area, and that is fine.

The noble Baroness, Lady Randerson, had a lot of questions that I think I was able to write down. I will try to address as many of them as I can. She somehow accused the Government of scrabbling around for a few more votes. Gosh, that sounded like a Lib Dem by-election candidate campaigning against HS2. The Lib Dem Front Bench must find it very amusing that they campaigned against what was party policy.

The noble Baroness mentioned the issue of low-traffic neighbourhoods and investment in active travel. I am proud of the fact that this Government stand with those who drive cars. Cars are not a luxury; they are a lifeline. However, we are very clear that our investment in active travel will continue. We are clear that 20 mph zones need to have local support. We think that enforcement should be pragmatic—of course it should; that is just rational and reasonable. In our long-term plan for drivers we set out 30 measures that we think will help people travelling around in their cars day to day. As all noble Lords will know, many more people use their cars than use the trains, for example.

The noble Baroness, Lady Randerson, mentioned zero-emission vehicles and that somehow this was very destructive for the industry. I would like to reassure her that we are working closely with the industry and that the manufacturers are on board. We have seen investment in the UK from BMW, Stellantis and Tata, expanding their electric vehicle manufacturing operations. Of course, we have also brought ourselves into line with great nations such as Canada, Australia and Germany. We are not unusual or an outlier in doing this at all; we are just being pragmatic.

I will admit that we need to continue focusing on charging points, and we absolutely are. They have gone up by 43% since last year and continue to go up very quickly indeed. We work closely with the DNOs on making sure that there is grid capacity at motorway service stations and elsewhere, and that continues all across the country.

The noble Baroness mentioned the business case for phase 1 of HS2. I think she referred to it as some sort of shuttle or whatever. I am sorry, but that shuttle she referred to has a BCR of between 1.2 and 1.8, which is very reasonable for such a large infrastructure project. She also asked why it cost more. HS2 is costing more because it goes through some very densely populated areas. There are significant amounts of tunnelling, with six big tunnels in phase 1 alone, and significant environmental mitigations. Of course, if the noble Baroness wants us to remove the environmental mitigations, I am sure it would be much cheaper, but this Government would not do that.

I do not accept that we need an inquiry as to why we are in the situation that we are, because a lot of people scrutinise our major infrastructure projects all the time. The Infrastructure and Projects Authority and all sorts of other people do so, including the Transport Select Committee.

The noble Baroness mentioned the potholes funding, which involves a really important amount of money. It is not only about potholes; it will literally enable local councils to resurface roads, which I know many noble Lords will be able to support. Again, it is being skewed towards the north because this funding goes to where that money would otherwise have been spent. However, there will be £3.3 billion to the north, £2.2 billion to the Midlands and £2.8 billion for the rest of the country over 10 years. That will make a significant difference. It is in addition to the money allocated in the spending review of 2021, and in addition to what the usual expectations from a local council would be. This is new money, and that additional money will make a huge difference to our roads.

Railway Stations: Ticket Office Closures

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 20th September 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My noble friend is exactly right. It was a former Conservative Mayor of London who took this step for ticket offices in Tube stations. The current Mayor of London came in with great fury and said he was going to review the whole thing and make changes if appropriate—not a single change was made.

[Baroness Randerson (LD)]

My Lords, it has become clear over the last year that several train companies have ceased to recruit new staff for ticket offices, and have therefore been shutting them gradually by default. Can the Minister assure us that the Government have not sanctioned this, and that any review of the 700,000 people who have responded to the consultation will take into account firmly the balance of opinion among those respondents?

[Baroness Vere of Norbiton (Con)]

I am very concerned to hear what the noble Baroness has to say, and I hope that she will provide me with the evidence so that we can look into this further. There are 980 DfT-regulated ticket offices and that has been the case for a very long time. So if ticket offices are closing, as she says—again, I am not aware that they are—they also should have gone through the ticketing and settlement agreement. I would be very happy to look at the noble Baroness’s evidence.

NATS: Staffing

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 19th September 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

The reasons for cancellations and delays in the aviation system are numerous, including industrial action in France, adverse weather, wildfires and airspace restrictions owing to the situation in Ukraine. They are more numerous than I can elicit. The noble Lord asked how many flight cancellations there have been. I can tell him that, so far in 2023, there have been 74 flight cancellations due to tower staffing issues at London Gatwick; that is 74 out of 180,000 flights, so it is fewer than 0.1% of movements. I accept his premise that there will have been cancellations for other reasons and have noted some of them, but those are not within Gatwick’s or the airlines’ control. In those circumstances, we have to understand that the aviation system is complex and that many different factors can impact the flight schedule.

[Baroness Randerson (LD)]

My Lords, the noble Lord, Lord Young, has outlined one way in which the penalties that can be imposed on NATS are inadequate, but that is not the only inadequacy. If things are so bad that flights are not delayed but cancelled then the current legislation ensures, ironically, that NATS will not suffer penalties. It suffers penalties only for delays and not for cancellations. When are the Government going to deal with that important loophole in the legislation?

[Baroness Vere of Norbiton (Con)]

The issue that the noble Baroness raises will be covered when the CAA completes its review of the outage in upper airspace that NATS suffered recently. I will await the independent regulator’s views on that, and we will obviously take action if needed. The noble Baroness said that the penalties are inadequate, but I also want to stress that when it comes to Gatwick tower control, the Government have no oversight of or insight into what those penalties are. They may well be adequate, as they are negotiated on a commercial footing.

West Coast Main Line

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 19th September 2023 Lords Chamber

[Baroness Randerson (LD)]

My Lords, what is not a surprise about this is that the Urgent Question and announcements about train services have come on the last day the House of Commons is sitting before a recess; that is a pattern. My concern about these two contracts is that, although there has been an improvement with Avanti, as the Minister has said, there has been every incentive for it to improve in the short term in order to save its skin—if I can put it that way. Now it has this contract, there will be effectively no incentive for it to keep up that level of improvement, because Avanti has shown over many months that it finds it very difficult to deliver.

So what incentives are there within the contracts to these two companies, Arriva and Avanti, to maintain their improvements? These contracts seem to leave all the financial risk with the Department for Transport. Have the Government built in any additional safeguards for improvement, given the history behind this? Is there any chance that in future the Government will review the way in which they give contracts, so that we do not have this approach, which enables companies to underperform over such a long period?

[Baroness Vere of Norbiton (Con)]

I am content that the Avanti contract has gone through all the relevant processes. It has been structured such that there is an initial three-year period, which I think is right, to enable Avanti to provide the investment that is clearly needed. That investment is in driver training and rolling stock. I am sure many noble Lords have noticed the upgrade in Avanti trains when they have travelled on them recently; I find them very comfortable indeed. There is an ability after three years for the Government to give three months’ notice. Within that intervening period, senior officials from the Department for Transport will meet management on a weekly basis to make sure that the recovery plan and all the elements the new management has put in place are being followed.

There are also enormous incentives for Avanti to improve—£14.3 million-worth of incentives. That is what the performance-based fee is; if Avanti does not hit its targets, it will not get that fee. It is absolutely right that that is there, it will incentivise Avanti and we will work alongside it so that it can continue to improve its performance.

High Speed 2

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 19th September 2023 Lords Chamber

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

There has been an awful lot of media speculation and hypotheticals. As noble Lords will know, the Department for Transport, and indeed every single government department, will periodically look at major infrastructure projects, which in this case includes HS2. We are committed to keeping the House updated, as we have done for many years. There will be a regular six-monthly report on HS2 to keep the House updated in due course.

[Baroness Randerson (LD)]

My Lords, this is death by a thousand cuts for HS2, if I can be excused the pun—cuts to the route and cuts to the funding. Each time the Government shave another slice off the route, it further undermines the purpose of the whole project, and each time this happens it marginally reduces the total cost but increases the cost per mile and fatally undermines the purpose of the scheme. Earlier, the Minister conspicuously failed to confirm that Great British Rail is still in the Government’s plans. If that was a mistake, she may like to take this opportunity to put this right. Is she not embarrassed to be here, week after week, trying to defend this Government of dither and delay? Can she tell us whether the Government have done any calculation as to the adverse economic and reputational impact of their failure to deliver on HS2 on the ability of cities in the north of England to attract investment?

[Baroness Vere of Norbiton (Con)]

Of course, a vast amount of analysis on HS2, and indeed on all infrastructure projects, goes on all the time. There are many elements in attracting investment to northern cities, or indeed to cities anywhere. Schemes such as the city region sustainable transport settlements put billions of pounds into Manchester, which the mayor can spend on local transport schemes. There is the opportunity for local partnerships to improve local train services as well. That is a key part of GBR. I can reassure the noble Baroness that the GBR transition team still exists and is doing the work; GBR is making very good progress indeed. Obviously, I cannot second guess what will be in the King’s Speech, but there is a lot of work going on in GBR and many reforms are being put in place. I hope that the noble Baroness is content with that.

Airports Slot Allocation (Alleviation of Usage Requirements) (No. 2) Regulations 2023

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 19th September 2023 Grand Committee

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

My Lords, these draft regulations were laid before Parliament on 18 July, and noble Lords will recall that similar regulations have been debated previously on a number of occasions. The regulations seek to ensure minimal customer disruption as the aviation sector recovers from the pandemic. The regulations will be made under powers conferred by the Air Traffic Management and Unmanned Aircraft Act 2021, also known as ATMUA. Following the UK’s departure from the European Union, this legislation created a more flexible set of powers for Ministers to implement alleviation measures for airport slots related to the impacts of Covid-19, subject to a vote in both Houses. This allows the UK to adapt its approach to minimise disruption to consumers and best support the recovery of the aviation sector.

Ordinarily, airlines must operate their airport slots 80% of the time to retain the right to those same slots the following year—this is known as the 80:20 or “Use it or lose it” rule. This encourages efficient use of scarce airport capacity. As a result of the impact of Covid-19 on air travel demand, alleviation from current slots rules has been provided since summer 2020.

The department has seen a strong recovery in passenger demand during 2023, but there remains continued uncertainty and lack of resilience in the industry, and demand on some routes remains below the levels seen before the pandemic. These factors are affecting both demand, in terms of returning passengers, as well as supply-side factors, such as aircraft availability and staffing. These are adding to a “long Covid tail” in rebuilding resilience in the sector.

Aircraft that were out of service during the pandemic are spending much longer in maintenance and overhaul than would normally be the case. This is compounded by difficulties stemming from the pandemic in the wider supply chain affecting access to spare parts across the global supply chain. This is having a long-term impact on the resilience of the sector that is attributable to the pandemic. Although the industry has taken steps to address these challenges, they are expected to remain an issue during 2024.

The Government have therefore designed a package of measures for the winter 2023 season that sees the normal 80:20 rule on slots usage stay. However, it is combined with some limited flexibility through a small pre-season hand-back allowance and a continuation of the previously adopted justified non-utilisation of slots measures.

When the pandemic initially struck, the 80:20 rule was fully waived to avoid environmentally damaging and financially costly flights with few or no passengers— so called ghost flights. The Government then offered generous alleviation while travel restrictions remained and demand was uncertain. The Government re-established the normal 80:20 usage ratio for summer 2023 and this will continue for winter 2023.

As required by ATMUA, the Government have determined that there is a continued reduction in demand, which is likely to persist, and consider that further but limited alleviation measures are justified for the winter 2023 season; this runs from 29 October 2023 to 30 March 2024. This package was developed following consultation with the industry and, of course, careful consideration of its responses.

The instrument being considered today applies to England, Scotland and Wales. Aerodromes are a devolved matter in Northern Ireland. As there are currently no slot co-ordinated airports in Northern Ireland, the Northern Ireland Executive agreed that it was not necessary for the powers in the Act to extend to, or apply in relation to, Northern Ireland.

In this instrument, the Government have focused measures on a return to business as usual. The Government are mindful of the need to balance supporting the sector through sensible and proportionate measures to aid its recovery—and, indeed, to protect consumers from disruption—with offering excessive alleviation, which would potentially distort competition.

There are two key provisions. The enhanced justified non-utilisation of slots provisions were first introduced for winter 2022. These act as a safety net for airlines if new restrictions are introduced and they can justify not using those slots. The second provision is a limited slots hand-back. For this winter season, the Government will allow carriers to claim alleviation on up to 5% of their slots at any airport, handed back before the start of the season.

The Government have offered this opportunity in the expectation that industry will deliver a realistic schedule for winter 2023, thereby minimising last-minute cancellations and delays. These measures will cover the winter 2023 season only. My department is considering whether further alleviation is likely to be justified for future seasons. I beg to move.

[Baroness Randerson (LD)]

My Lords, I thank the Minister for her explanation. It is a pity that these regulations are now up against such a tight timescale for their introduction. That is, of course, due to delays. The Secondary Legislation Scrutiny Committee—from which the noble Baroness, Lady Ritchie, and I have just run to be here this afternoon—gave adverse reports on the previous presentation of the regulations, not for what they contained in respect of legislation but because they failed to explain it fully. There was a poor Explanatory Memorandum, especially in relation to the consultation responses and the policy background. As this now stands, it gives a clear explanation of a very complex policy; it is a situation with many factors at play.

National Air Traffic Services: Operational Failure

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 5th September 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

There was not, because the miliary planners would not have been able to take over the system as quickly as NATS was able to. There are well-established contingency plans in NATS on what to do in these sorts of very rare events, and those plans were followed. There was a restriction on flow; however, as many flights as possible were kept flying.

[Baroness Randerson (LD)]

My Lords, whatever the cause of the problem, from the passengers’ point of view there was disruption to their flights and many passengers reported being very poorly treated by their airlines. As has been pointed out, it is the airlines’ responsibility to deal with the problem, however they might be reimbursed in the end. Can the Minister explain to us what the Government intend to do to increase the powers and resources of the CAA to ensure that, when passengers have disruption to their flights, they are properly and promptly compensated?

[Baroness Vere of Norbiton (Con)]

As the noble Baroness will be well aware, we retained EU 261, which became UK 261, which puts certain obligations on the airlines to provide information on rights, refunds or rerouting, and care and assistance. Broadly, that is working very well. The CAA already takes action on the airlines not complying with that. The noble Baroness may have seen, a few weeks ago, that the CAA reached an agreement with Wizz Air to go back over many years to rectify some of the times when it had not treated passengers in line with those obligations. However, the Government will legislate, when parliamentary time allows, to give the CAA additional administrative powers to enforce consumer laws.

Rail Ticket Offices

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 12th July 2023 Lords Chamber

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

My Lords, I am grateful to the noble Baroness for a succession of questions there. She is right that the staff are valued. They are very much valued by the Government and indeed by the train operating companies, so much so that we have concluded that they do not need to be sitting in a ticket office to help passengers in whichever way they need.

The noble Baroness talked about ticketing and availability. It is the case that 99% of all tickets are available through ticket vending machines or online. On the question of an impact assessment, the impacts for each station are assessed individually under the process, which I am sure the noble Baroness is aware of as it was in place during the last Labour Government.

[Baroness Randerson (LD)]

My Lords, the train operators have made it clear that this is being imposed on them by the Government. The Government have said that only 12% of tickets are bought through ticket offices, but what does that 12% mean? In the past year there were 1.4 billion separate rail journeys, so 168 million tickets were bought in ticket offices. Passengers who use ticket offices will be inconvenienced and deterred by the closure of those offices. That will hit elderly, disabled and poorer people most of all.

What assessment have the Government made of the particular impact on those in our society less able to buy tickets from machines? Does the Minister accept that the truth is that this is a question of trust? We do not believe government promises that there will be people wandering around stations to help people. There will be for the first few weeks, but they will disappear after that. The Government will tell us that there have to be reductions. We do not trust the Government to deliver on their promises.

Finally, does the Minister agree that at the very least there should be no ticket office closures until the Government have delivered on their long-awaited commitment to simplify the fare structure?

[Baroness Vere of Norbiton (Con)]

The Government have an ongoing commitment to simplify the fare structure and we are continuing to do so. The Rail Minister has engaged extensively and directly with accessibility groups and will continue to do so. We are also engaging with the Disabled Persons Transport Advisory Committee to ensure that we hear its views as well.

As I said in answer to a previous question, 99% of tickets can be bought through a ticket vending machine or online, and members of staff will be around to help anybody who has any problems in buying their tickets.

E-bikes

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 11th July 2023 Lords Chamber

[Baroness Randerson]

To ask His Majesty’s Government whether they plan to regulate the use of e-bikes.

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

My Lords, there are regulations in place which govern the use of e-bikes on the public highway. Enforcement of these is a matter for the police. All road users have a duty to behave in a safe, responsible manner and to follow the rules set out in the Highway Code.

[Baroness Randerson (LD)]

My Lords, there have been three tragic deaths of 15 and 16 year-olds in recent months, in Cardiff, my home city, and Salford. An exciting new invention—e-bikes—are rapidly becoming a major road safety and social problem, largely because of a lack of appropriate, modern regulations. Will the Minister commit to an urgent review to consider requirements such as helmets and a minimum age for the more powerful bikes? Very importantly, will the Government ensure that anti-tampering technology is installed by manufacturers? It is very easy indeed to override the 15.5 mph speed limit.

[Baroness Vere of Norbiton (Con)]

There has been some confusion in the media about e-bikes versus e-motorbikes; the two are very different. Obviously, what happened in Salford and Cardiff is tragic. On both those occasions, the individuals involved would have been breaking the law on multiple levels. I accept the noble Baroness’s point about tampering, but e-bikes are subject to type approval, like motorbikes and cars are. The DVSA has a market surveillance programme to make sure that e-bikes on sale meet the standards that we have.

Network Rail: Ely Area Capacity Enhancement Programme

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 5th July 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

The noble Lord is right that we need to find those projects that will have the most benefit to both passengers and freight. That is the whole point of the rail network enhancement pipeline; it will set out our priorities, give certainty to the supply chain and allow us to continue to invest £2 billion a year on enhancements.

[Baroness Randerson (LD)]

My Lords, the crucial importance of Ely is for freight. There are five lines going in and one line going out, so there is a pinch point. Does the Minister accept that it is totally illogical that the Government are investing in Felixstowe freeport without investing, in the same timeframe, in the Ely solution to enable 98,000 lorries a year to be taken off our roads and to deliver on government plans on environmental mitigation and climate change?

[Baroness Vere of Norbiton (Con)]

I can say no more other than that all these considerations are being taken into account in the business case. It is the case that not only is rail freight important but so is road freight—although I accept the point about the environment. It is important that we look at the business case as a whole, and I am afraid that there is nothing more I can add at this stage.

Great British Railways

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 28th June 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I am seeking a question in that comment. I can say that the number of passenger journeys is now significantly higher than ever it was under British Rail. Between January and March 2023, there were around 400 million journeys, which is an astonishing achievement. There are so many things that we can get on with when it comes to Great British Railways—just one example being the long-term strategy for rail. We have received hundreds of responses to the consultation for that, which we will be publishing later this year.

[Baroness Randerson (LD)]

My Lords, at the George Bradshaw address in February, the Secretary of State for Transport said that Britain has

“a broken model. Unable to adapt to customer needs and financially unsustainable”.

Given this devastating judgment by the Secretary of State only five months ago, why have the Government abandoned the plans they had to introduce legislation to create Great British Railways within this Parliament? Why is it now possible to adapt, when in February the Secretary of State said it was not?

[Baroness Vere of Norbiton (Con)]

I think the noble Baroness is reading a little too much into those comments. The Secretary of State is completely right that the current financial situation is unsustainable, but at no time did he say that plans to set up GB Railways had been abandoned. He also set out all the different steps that we can take without legislation—for example, contactless payments, simplifying fares, looking at the existing national rail contracts and entering into local partnerships. All those things are being done.

Renewable Transport Fuel Obligation

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 13th June 2023 Lords Chamber

[Baroness Randerson (LD)]

My Lords, long-haul flying looks to be the most challenging sector to decarbonise. It is likely that sustainable aviation fuels will have a major role in doing that. Will the Minister commit to introducing a price stability mechanism, to encourage the development of a UK-based sustainable aviation fuel industry, so that we have the jobs and investment coming to this country, rather than going to our competitors overseas, as it looks like at the moment?

[Baroness Vere of Norbiton (Con)]

The Government have already recognised the strong case for sustainable aviation fuel for all types of flying, whether short- or long-haul. We will implement a sustainable aviation fuel mandate requiring operators to use 10% SAF by 2030, which acts as a pull on the market. Therefore, we are considering what else needs to be done to make SAF plant projects in the UK investible. This will not be a government-sponsored contract for difference as the SAF mandate does an awful lot of the heavy lifting, but we are working very closely with industry to look at an industry-led solution to improve the revenue certainty when it comes to SAF.

Road Vehicles (Authorised Weight) (Amendment) Regulations 2023

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 13th June 2023 Grand Committee

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

My Lords, these draft regulations were published on 23 January and laid before Parliament on 26 April. They will be made under powers conferred by Sections 41(1), (2)(d), (3) and (5) of the Road Traffic Act 1988.

The highest greenhouse gas-emitting sector of the economy is transport, with road freight making a significant contribution to those emissions. In 2021, heavy goods vehicles produced 20% of greenhouse gas emissions from domestic transport. Shifting towards cleaner types of vehicles and fuels is therefore vital if emissions from this sector are to be brought down in line with the 2050 net-zero goal.

These regulations implement increases in weight limits for certain alternatively fuelled or zero-emission vehicles. The weight limit increase is up to a maximum of one tonne for an alternatively fuelled vehicle and a flat two tonnes for a zero-emission vehicle. In all cases, the maximum weights for individual axles will remain unchanged.

The vehicle types that are having their weights changed by this regulation include articulated lorries and road train combinations with five or six axles, normally limited to 40 tonnes, and four-axle combinations, normally limited to 36 or 38 tonnes. No additional weight allowance will apply to the heaviest articulated lorry and road train combinations of 44 tonnes or four-axle motor vehicles of 32 tonnes. As the noble Baronesses know, those are the standard limits and types of vehicle.

These regulations will also apply to certain smaller zero-emission lorries with two or three axles and zero-emission three-axle articulated buses. Alternatively fuelled versions of these types can already operate at up to one tonne above the normal limits.

A vehicle’s power train consists of the components which generate power and then transmit it to the road to move the vehicle. Alternatively fuelled or zero-emission heavy goods vehicles may have a heavier power train compared to traditionally fuelled, heavy goods vehicles with internal combustion engines. For example, they may be fuelled by a gas stored in a pressurised fuel tank or they might use batteries. These components can be significantly heavier than a conventional petrol or diesel fuel tank and combustion engine used in an equivalent vehicle.

The typically heavier power trains of these vehicles means that, under the current vehicle weight limit rules, they may have to carry a reduced amount of cargo compared to an equivalent fossil-fuelled vehicle in order not to breach the weight limit. The higher weight of the empty vehicle essentially acts as a payload penalty. This decreases the commercial viability of these new types of cleaner vehicles, as more vehicles may be required to move the same amounts of cargo or they may just be restricted to moving lighter loads.

These regulations increase the maximum permitted weight for the relevant zero-emission vehicles by a flat two tonnes. That is most appropriate for a zero-emission vehicle, because the weight of the power train is usually significantly more than two tonnes. The weight limit increase for alternatively fuelled vehicles is up to one tonne, because it depends on the actual extra weight of the power train. That will be assessed and put into what I think is called the ministry certificate—the little chitty that goes inside the lorry and basically tells enforcers how much weight that lorry can take. It is key that these two things are different and are considered differently, because they take into account the variations and different features of the power trains of these cleaner vehicles.

However, the weight limit does not apply beyond the existing maximum for a six-axle vehicle of 44 tonnes. These vehicles are therefore within the current normal limits for infrastructure, such as roads and bridges. We see no reason why they cannot freely circulate on the road network. Furthermore, the per-axle weight is also not being changed because, if it is, one would see increased road wear and deterioration. It is also worth pointing out that operators in the European Union also have that flexibility and are using their vehicles when it comes to cabotage movements in the UK already, and there have been no significant issues.

There was a public consultation on this draft instrument, which ran from July to September 2021. There were 92 responses, with 59% in favour and 6% opposed, the remainder being “don’t know”. We obviously looked at the rationale and concluded that we were content to go ahead with that.

The only other thing to point out about the statutory instrument is that the regulations will include a requirement for the Secretary of State for Transport to conduct a review of them on a five-yearly basis, because there will be a rapid development in technology and they may not be appropriate in five years, for whatever reason. It is important to include that—but, otherwise, I see this as fairly straightforward, and I beg to move.

[Baroness Randerson (LD)]

My Lords, I thank the Minister for her explanation. I understand the need for these changes for practical reasons, to develop and enable the rollout of the new generation of HGVs. I also realise that, as the Minister referred to just now, this measure is part of our international obligation derived from the TCA, if we want our goods vehicles to be able to operate abroad. But the Minister would be very surprised if I did not have some questions and comments.

She mentioned articulated buses, but what about non-articulated buses? I remember, about seven or eight years ago, having a ride on a prototype electric bus in the Westminster area, where it was made clear to us that there was a special dispensation for this bus. It was a two-level bus, not a single-storey bus. They made it clear that, because the battery was so heavy, there was a special dispensation to allow this bus to operate in the London area because of weight limits. Technology moves on and batteries may not be as heavy now, but it would be interesting to know where we are, because an awful lot of electric buses are being ordered at this moment.

That leads me on to an obvious question—to ask the Minister what we are talking about in terms of the number of goods vehicles, at which this is largely aimed, on our roads at the moment. Several paragraphs in the Explanatory Memorandum talk about this being the early stages of development, but we hope that this development is going to roll out very quickly, and it would be a good thing to have some kind of measure of what is happening at the moment. There will be—and this is severely underplayed in the Explanatory Memorandum —a cumulative impact on road structures, which are bad enough already in Britain. People are always complaining about the potholes and road surfaces, and there will be an impact on them.

Were the views of National Highways sought? Obviously, this will have an impact on its finances. Despite its name, National Highways is not in charge of motorways in Scotland and Wales, so were the views of the devolved Administrations sought? Looking at paragraph 10.4 of the Explanatory Memorandum, I think they probably were not asked. Of course, local authorities are in charge of local roads, and I am also interested in their responses about the impact of vehicles such as this on their road surfaces. The roads in the local area around a heavy goods vehicle depot are going to get quite a pasting over time.

I note that the consultation was two years ago. Why has there been a delay this long? Bits of the Explanatory Memorandum sound a bit out of date. It talks about the technology being in an “early stage”, but things have moved on a lot since then. However, in paragraph 12.3, the EM mentions

“potential changes in accident severity”.

This is a very serious issue, because heavier vehicles are more likely to kill when involved in an accident. The EM suggests, obliquely, the potential need for additional training and familiarisation, which could have a financial impact for businesses. Has any thought been given to formalising the need for additional training for the drivers of these bigger vehicles?

Before I move to my final point, I will mention the issue of road surfaces. I am stretching this a little, but I am sure the Minister saw coverage of the collapse of a multi-storey car park in America. That story led to a debate in the press about the impact of heavier vehicles—in that case, it was obviously cars and small vans. There will be a case for looking at and reinforcing our infrastructure. The Minister is clearly aware of it because she referred to the impact on bridges. Has the department looked at the impact on multi-storey car parks? Is there a programme to ensure that, before this technology is rolled out to a large percentage of people, the safety of car parks is reassessed?

My final point is that the impact on road surfaces and the possible training implications of this measure mean that there should have been an impact assessment and consultation with the devolved Administrations.

Driving Licences

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 5th June 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

We have no current plans to restrict anybody on the basis of age. However, as my noble friend will agree, sometimes some people will feel that they are no longer able to drive, or their doctor may recommend that they should no longer drive. In that case, one is legally required to get in touch with the DVLA and have one’s licence revoked.

[Baroness Randerson (LD)]

My Lords, every year over 400 young people, predominantly male, are killed or seriously injured on our roads. To go back to the beginning of the Question, probationary periods are common across the world for new drivers. Brake, the Parliamentary Advisory Council for Transport Safety and the insurers themselves support probationary periods with some restrictions. In the UK, we use them for motorcycles and large vehicles, so why are we not looking at using them for car drivers?

[Baroness Vere of Norbiton (Con)]

At the moment, the Government are undertaking an enormous research project in this area because we feel that we need the evidence base. If one looks across all the different countries where they have some sort of limits on licensing, there is no one size fits all; some countries put limits on before driving test are taken in terms of the amount of time one has to learn, while other countries decide to place certain restrictions post the test. We are doing a research project called Driver2020 and are investing £2 million in it; it kicked off in 2019 and involves 28,000 new and novice drivers. We are testing five different interventions to find out what we think might work in the future.

Trains: Wifi Provision for Passengers

Debate between Baroness Vere of Norbiton and Baroness Randerson

Thursday 25th May 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I for one would be very disappointed if the noble Lord were unable to vote. I will take up the issue of where the Government are at the moment. Prior to the pandemic there was no need for any subsidy in operating the railways. There were zero subsidies, so revenues matched the costs. Noble Lords will all know that, since the pandemic, revenues have fallen and some revenues have shifted to the weekend and to more leisure travel. Last year the taxpayer had to subsidise the trains to the tune of £2.85 billion. That is unsustainable. To be a responsible Government, we have to look at all elements of our train services to ensure that they match demand and that the services we are providing and the facilities on them meet the needs of passengers.

[Baroness Randerson (LD)]

My Lords, the Minister frequently tells us that the taxpayer cannot be expected to subsidise the railways because relatively few people use them. Do the Government acknowledge that we all benefit—every single one of us—from the use of the railways because each train that travels carries many hundreds of passengers who would otherwise be clogging up our already congested roads?

[Baroness Vere of Norbiton (Con)]

I do not think I can necessarily disagree with the noble Baroness, but that is a very absolutist approach and there is some balance to be had here. She says that the Government are not willing to subsidise the railways; we already do. As I have said, £2.85 billion is going in for the services. As I mentioned earlier this week, £44.1 billion is going into control period 7—the highest ever—and that covers all the renewals, the maintenance and the Network Rail operations. That element of it is very significant. That is nearly £9 billion a year that the Government spend, and in addition a further £2.8 billion is spent on subsidising services.

Railways: Trans-Pennine Express

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 23rd May 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I must have missed the Prime Minister scrapping GBR, because the Secretary of State has set out his ambition for a customer-focused, commercially led industry. The creation of GBR is, of course, the guiding mind for the sector, but it is true that we can get many of the benefits now. The programme is simplifying and rolling out single-leg pricing across the LNER network, and trialling demand-based pricing to ensure that passenger demand is more evenly spread between services. Of course, the GBR transition team is working on the long-term strategy for rail, which will simplify industry practices and explore new opportunities for the private sector.

[Baroness Randerson (LD)]

My Lords, TransPennine Express is the fourth train operator to be taken over by the Government in the face of prolonged failure. Although the Minister has outlined some work that can be done in the face of the current situation, Great British Railways in all its aspects cannot be created without full legislation. I understand that the Bill to create GBR is largely drafted, and is short and straight- forward. Why do the Government not just get on with it? If they do not, what do they plan to do instead to deal with the current decline of our railways?

[Baroness Vere of Norbiton (Con)]

I have already outlined to the noble Baroness some of the things that can be achieved now. The creation of Great British Railways in full does require legislation, which we will progress when parliamentary time allows.

South West Rail Resilience Programme

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 22nd May 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I welcome my noble friend’s interest in this Question; I know that he raised this issue in the other place many times. I assure him that delays on the line as it currently stands are significantly down, from 53.6 minutes per 1,000 services in 2018-19 to just 36.1 minutes per 1,000 services in 2022-23, so it is important to note that the resilience of the line is improving. The department has looked at alternatives—additional routes through to the south-west that might provide additional resilience. However, we are focused on improving the resilience of the line as it currently stands. In proposals for restoring elements of railway that previously existed, the case was not set out sufficiently.

[Baroness Randerson (LD)]

My Lords, this example is one of many similar schemes. A few weeks ago I asked a Question about news reports that Network Rail’s future funding was so limited that we could expect that basic infrastructure may not be repaired. The Minister dismissed my inquiry, saying that you should

“never believe everything that you read in the newspaper”.—[Official Report, 26/4/23; col. 1214.]

Now we have sight of Network Rail’s own business case for the next five years. It warns that funding constraints mean that the condition of the rail infrastructure will deteriorate and there will be a decrease in reliability. Does the Minister think that I should not believe everything I read in an official Network Rail document?

[Baroness Vere of Norbiton (Con)]

I say, absolutely, that one should not believe everything one reads in the newspaper. It is the case that Network Rail has to work within its funding envelope for CP7, which goes from 2024 to 2029. We are investing a record £44.1 billion in our rail infrastructure—a 4% increase on CP6—so the Government are providing significant funding. As with many elements of the railways, it is important that Network Rail and others look at what funding they have and obtain efficiencies to ensure that the reliability of the railway is maintained.

HGVs: Charging and Refuelling

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 22nd May 2023 Lords Chamber

[Baroness Randerson]

To ask His Majesty’s Government what steps they are taking to encourage and develop a network of public charging and refuelling sites for zero-emission HGVs, and what policies are they adopting to encourage and facilitate the development of charging and refuelling infrastructure at commercial HGV depots.

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

My Lords, the Government recognise that charging and refuelling sites required to support zero-emission HGV uptake will need to increase before 2040. Last year’s future of freight plan committed to convening industry stakeholders to develop a plan for rollout, which is happening through our Freight Energy Forum. Extensive stakeholder engagement will begin later this year.

[Baroness Randerson (LD)]

My Lords, it is accepted that a very large number of electric vehicle charging points, particularly ultra-fast ones, will be required in the near future, and that those will mainly be needed in depots. However, the National Grid is giving applicants for extra grid capacity completion dates and access dates that are well into the 2030s. What are the Government doing to ensure there is sufficiently large grid capacity throughout the UK to enable this logistics revolution to proceed apace?

[Baroness Vere of Norbiton (Con)]

The Government are taking a two-phased approach to this, and those phases are happening concurrently. The first is that we need to discuss with industry stakeholders exactly how they feel the strategy for the rollout of zero-emission vehicles will go, particularly at the heavy end. That is why we will publish the zero-emission HGV infrastructure strategy later this year, once we have been able to discuss it with those stakeholders. The Government are confident that the grid can cope with the increased demand, and the next step is to ensure that depots can connect to it. We are working with the DNOs to find the most cost-effective solution to that.

Rail Services

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 17th May 2023 Lords Chamber

[Baroness Randerson (LD)]

My Lords, I thank the Government for this Statement, and I welcome the decision. It really was the only one possible, because TransPennine Express not only was hopelessly failing to improve and to deliver an acceptable service but was guilty of wilfully attempting to deceive customers—and indeed the Government—by using P cancellations as routine. P cancellations are of fundamental inconvenience to passengers; they were going to bed in the evening thinking that they could get their early-morning train and waking up to find that it had been cancelled.

All areas of the country suffered from Covid, but not all train operating companies made such a hash of staff relations. I have said in this House before that I travel every week on Great Western Railway, and its recovery has been much smoother. It has relatively few cancellations, and the staff are pleasant, helpful and very well trained. Every week, I am very pleased that I am travelling on Great Western and not TransPennine. This Statement is long on anti-union rhetoric, but it fails to recognise or to say with any grace that good management in the rail industry is fundamental. It is important that good management in those train operators that have managed the situation well is recognised.

I am very pleased to see recognition in the Statement of the potential positive role of regional transport authorities. I was delighted to see that, and I hope it is fully followed through. However, the Statement says

“we are building unstoppable momentum towards rail reform”,—[Official Report, Commons, 11/5/23; col. 488.]

but there is no sign of the Great British Railways legislation which is fundamentally needed to sustain and boost that process. The Government will say that it is possible to create a lot of that structure without the actual legislation. However, in reality, you need the controlled, guiding mind to drive through all the other changes beyond those that can be done without the legislation. The uncertainty that currently exists has a crippling effect.

In practice, since Covid, we have, in effect, a nationalised rail industry, because the Government in the shape of the Department for Transport takes day-by-day, detailed decisions and does day-by-day, detailed funding. Therefore, despite the anti-nationalisation rhetoric in the Statement, without the legal creation of the mixed public-private vision of GBR as a concept—with which I agree—this Tory Government will bequeath a nationalised rail industry to their successor at the general election. We need a refreshed, cleaned-up service based on a contractual system that replaces the current failed train operating company franchise system, and we need a simplified, cheaper fare system. I would be very grateful if the Minister could address in her response what government plans there are for GBR legislation, whether that is definitely now kicked into the long grass beyond the general election, and, specifically, what, if any, government plans there are to introduce a wholesale, simplified fare system.

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

I am grateful to both noble Baronesses for their contributions and I will endeavour to answer as many questions as possible. I will start with the noble Baroness, Lady Taylor, who asked, “Why now?” Of course, it is very simple: it is because the contract is coming to an end. It is coming to an end on 28 May, so that is why we made the announcement on 11 May that the contract would come to an end and indeed it would then be handed over to OLR. Obviously, the decision was taken after much consideration. It was important to work in accordance with the policy statement that we had already published. We considered carefully whether to extend or award a new contract, and, after very careful consideration and with regret, we decided not to do so.

However, the Government are clear that we want to hold train operating companies accountable for those things that are within their control, and it is also clear that at TPE there were many things that were not in the management’s control and which will have impacted the services that were delivered to passengers. That included a very high level of absence, obviously the complete lack of rest-day working, and some very interesting shenanigans from the noble Baroness’s friends at ASLEF. In April 2023 they were offered literally the same deal for rest-day working that they had in December 2021 but they managed to say that that was not good enough. I do not know—I do not understand it any more. Clearly, we are in a situation where nothing is ever going to be enough, but of course it is the passengers who are suffering at the hands of the Labour Party’s friends.

Other issues have impacted TPE. It has had a much higher level of driver departures than would normally happen: 56 versus 25 in a normal year, and each one takes 18 months to replace. It is with regret that we felt that, despite an encouraging recovery plan, it was not going to reach a good conclusion. The reason why we felt that OLR was the right course of action is because it is an opportunity to reset and review. I say “reset” because there certainly needs to be a resetting of the relationship between TPE and all its stakeholders, whether that be government, the trade unions or indeed, quite frankly, their very poorly served passengers. Everybody within the industry wants TPE to succeed—except, potentially, the trade unions, which are not behaving as they should. I encourage all stakeholders involved in this, which includes the northern mayors and lots of council leaders, to work together to try to reach a good solution.

The Secretary of State has asked for an official review of services across the north to look at their effectiveness and delivery. It is worth recalling, and it seems rarely to get mentioned, that the TPE contract is the joint responsibility of the Department for Transport and Transport for the North, on which many Labour politicians sit. It is important to understand that chucking blame around about how ghastly the department is, is not really very helpful. We all have to work together to improve TPE’s services, and I hope we will be working closely, hand in hand, with Transport for the North to do that.

The noble Baroness once again brought up the issue of profits and dividends. I cannot give her a finance 101 class, because it would be wrong and potentially a bit rude. However, dividends are of course not the same as profits, as I am sure the noble Baroness understands. I cannot address that any further: I have tried before and it probably did not work, so I will just have to leave it.

As the noble Baroness will know, there are a number of reforms that we can do now. The key to that is work- force reform. The transition team is doing the long-term strategic plan. Workforce reform is key, but that has stalled. Why has it stalled? I think the noble Baroness knows the answer without me telling her.

Turning to the comments of the noble Baroness, Lady Randerson—

Global Britain: Traffic

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 15th May 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

The Minister has no plans, because it is not up to the Minister to have those plans; it is up to the Mayor of London. The Mayor of London continues to invest in cycling and walking—that is his choice. The Government remain committed to cycling and walking as natural choices for the shortest journeys.

[Baroness Randerson (LD)]

My Lords, there are many parts of London where 20 miles per hour zones have not yet been implemented by local authorities. There is good evidence from areas that have introduced them that they work very well in making the traffic flow more smoothly in areas of high congestion. Do the Government intend to encourage local authorities across Britain to look at this solution to congestion and delays?

Vehicles: Headlamp Glare

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 9th May 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I am not aware that there are regulations around the use of bright lights for cyclists. I agree that they could indeed cause glare and be a road safety issue and, again, I will take that back to the department.

[Baroness Randerson (LD)]

The noble Baroness is urging action by the Government on a road safety issue, and another area where we need action is on e-scooters. Research by the Parliamentary Advisory Council for Transport Safety shows that between 2019 and 2021 we went from zero accidents involving injury to roughly 1,400, and reports by A&E services show that a disproportionate number involve head injuries. We have been promised a major transport Bill for four years now, so are we going to get that before the general election? As we have illustrated this afternoon, there are a number of road safety issues that need including in it. If not, do we put it down as another broken government promise?

[Baroness Vere of Norbiton (Con)]

The Government are of course looking very carefully at the evidence around e-scooters, are considering policy, and will bring proposals before Parliament when parliamentary time allows.

Network Rail: Funding and Reliability

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 26th April 2023 Lords Chamber

[Baroness Randerson]

To ask His Majesty’s Government what assessment they have made of reports of analysis by Network Rail that the funding plans for the next five years are insufficient to maintain current levels of reliability.

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

My Lords, the Government published funding objectives for Network Rail for control period 7—2024 to 2029—on 1 December 2022, placing the highest priority on punctuality and reliability. The funding provided £44.1 billion—a real-terms increase of 4% above the current settlement. This demonstrates the Government’s continued commitment to the railway.

[Baroness Randerson (LD)]

My Lords, from a leak from Network Rail itself, we now know that funding is so bad that basic infrastructure cannot be repaired and that we should expect more delays and more accidents. We need to know what the Government are planning to do to reverse this downward spiral in our railways. Can the Minister promise that no more train operators will be rewarded for failure with new contracts? Can she specifically guarantee that, at last, there will be legislation in the King’s Speech to create Great British Railways with the independent power to reform this ailing industry?

[Baroness Vere of Norbiton (Con)]

The noble Baroness referred to the source of her Question being a leak in the Independent. It was not really a leak, because we are not even half way through the process of the business planning, and, as I said, the real-terms increase in funding is up 4%. In fact, it was some slides prepared by a mid-level National Rail employee presenting the industry with some ideas for different funding scenarios for CP7—so never believe everything that you read in the newspaper. On contracts for TOCs, we look at each TOC on a case-by-case basis, and I am aware that another contract will be up for consideration in due course. Legislation for rail reform will arrive as soon as parliamentary time allows.

Levelling-up and Regeneration Bill

Debate between Baroness Vere of Norbiton and Baroness Randerson

Committee stage
Thursday 20th April 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

Indeed, I am aware that those conversations have been happening and, as a Transport Minister, perhaps I had better not add anything further. However, it is worth highlighting that the Government are taking forward other policies for cycling and walking, which I believe will be helpful to local authorities in thinking about how cycling, walking and active travel are taken into account when it comes to local development. The Manual for the Streets guidance is incredibly important and is being updated. We are also planning to refresh the guidance supporting the development of the local transport plan.

It is also worth noting the tens of millions of pounds that the Government have awarded to local transport authorities to upskill the capacity and capabilities of their staff to ensure that things happen. For example, the noble Baroness, Lady Pinnock, mentioned her council in Kirklees, where things all seem to be tickety-boo. Therefore, I would expect other local authorities to look at that council to try to emulate that because, essentially, we want local decisions to be taken locally—that is at the heart of this matter.

I turn now to the amendment on railway accessibility in the name of the noble Baroness, Lady Pinnock. I appreciate the contributions made by the noble Earl, Lord Lytton, and the noble Baroness, Lady Randerson, providing details of specific areas where we need to make improvement. Improved access to the railway is a key priority for the Government. The Transport Secretary is committed to funding transport infrastructure improvements, including improvements to stations to make them more accessible for disabled passengers. The Department for Transport has already invested £383 million under the Access for All programme between 2019 and 2024, and there is more to come.

The Design Standards for Accessible Railway Stations, published in 2015, set out the standards that must be met when new railway infrastructure or facilities are installed, renewed or replaced. Noble Lords may question the date of 2015 and say that it is a little while ago, but I reassure them that the process is being set out at the moment as to how the standards will be refreshed.

Noble Lords will also be aware that the Government have now completed an audit of all stations across the network. That data will be shared with Great British Railways; it will be made public; and that will be very helpful for ensuring that as many people as possible who are less mobile can travel. I accept, however, that some stations remain less accessible. Can we fix them all at once? I am afraid we cannot, but I would like to reassure the Committee that all stations, regardless of size and location, are eligible for funding under the Access for All programme.

[Baroness Randerson (LD)]

I am very pleased to hear about the Government’s commitment and that we will soon get details that will help us on this. We all acknowledge that you cannot do it all at once. What we want to see is progress, so I was very disappointed to read about the Network Rail briefing this week, which became public. It said that the amount of money available was not enough to maintain existing standards of reliability on the railways, let alone make progress with improving accessibility. The noble Baroness might like to make a comment on that.

[Baroness Vere of Norbiton (Con)]

The noble Baroness would probably decline to make a comment on that at this moment, as that would take us far away from the area of accessibility, which is under consideration today. However, the noble Baroness asked whether progress had been made. So far, step-free accessible routes have been delivered at 200 stations, and smaller-scale access improvements have been made at 1,500 stations. We have made progress; there is much more progress to come; and we are absolutely committed to making it.

Amendments 470 and 486 relate to the charging of electric vehicles, I share all noble Lords’ concerns about electric vehicle charge points and how important they are as we decarbonise our transport system. The first of the two amendments seeks to amend the Electricity Act 1989 to add an explicit reference to electric vehicle charge point provision in addition to the need to

“secure that all reasonable demands for electricity are met”.

The Electricity Act 1989 already requires the Secretary of State to give regard to securing that all reasonable demands for electricity are met. This requirement already includes the charging of electric vehicles. We therefore believe that the amendment is unnecessary, and indeed that it might be unhelpful to other equally critical areas of the decarbonisation effort such as, for example, heat pumps. In carrying out this duty under the Electricity Act, the Secretary of State works closely with Ofgem, as the independent energy regulator is responsible for regulating network companies to ensure that sufficient grid capacity is built and operated to meet consumer demand. Of course, we work very closely with Ofgem as price controls are developed, so that our work aligns to meet the needs of customers, including electric vehicle users.

We are investing £3.1 billion for network upgrades to support the uptake of electric vehicles and heat pumps. This is significant upfront funding and, combined with an agile price control system for net zero-related expenditure, it will enable the investment in the network infrastructure needed to facilitate heat and transport electrification.

There were a number of questions around the provision of charge points themselves. The noble Baroness, Lady Pinnock, asked about new homes. We laid legislation that came into force in June last year requiring most new homes and those undergoing major renovation with associated parking in England to have a charge point or a cable route for charge points installed from the outset. We estimate that this will lead to the installation of up to 145,000 new charge points across England every year.

The noble Lord, Lord Berkeley, asked about home and business charge points. The Government have supported the installation of about 400,000 of these charge points. Of course, there will be many, many more out there that have been installed without government support—and, to my mind, long may that continue.

I turn now to the second of the two amendments on charge points, which relates to reporting. I do not believe that this amendment is necessary, because I am pleased to confirm that the Government routinely publish monthly and quarterly EV public charging device statistics. These are broken down by device speed category, region and local authority area. The latest report outlined that, as of 1 April, there are more than 40,000 available public charging devices, of which more than 7,600 are rapid or above charging devices—a 33% increase. We also routinely publish the number of devices funded through government grant schemes. As I pointed out, many more will be installed that are not funded by the Government, and we would not necessarily be able to find out where they are. If there is further information that the noble Baroness would like about public charging points that we might reasonably be able to gather, I would be very happy to discuss this with her further. I have noted the other comments on EV charge points and will reflect on them further.

Finally, I turn to the amendment in the name of the noble Baroness, Lady Bennett of Manor Castle, about a blanket reduction on restricted roads from 30 to 20 miles per hour. I noted some of the comments from the noble Baroness, and I agreed with some of them. None the less, I am not convinced that a blanket application of this lower speed limit is appropriate because, again, it would undermine local decision-makers’ ability to set the most appropriate speed for the roads in their area, based on local knowledge and the views of the local community. Actually, I am pleased that the noble Baroness, Lady Taylor, agrees with me. Indeed, she seems to agree with me for England but not for Wales, where it is not something that a local authority can decide.

Bus Services

Debate between Baroness Vere of Norbiton and Baroness Randerson

Thursday 30th March 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

Questions is fun today, isn’t it? The Government will not be issuing guidance to plumbers and electricians, on the basis that they probably know how to carry their tools. We are looking with great interest at the Mayor of London’s proposed extension of ULEZ. I would also point out that he announced—yesterday, I think—something called the Superloop for outer London, which sounded very new. However, I checked and in my area that includes the existing X26, so the Superloop involves quite a substantial amount of rebranding, as often happens with the Mayor of London.

[Baroness Randerson (LD)]

Does the Minister accept that there is an urgent need for reform of bus service funding and an end to this hand-to-mouth approach caused by the short timescales for Department for Transport decision-making? Does she also accept that any new funding mechanism should be based not on competitive bids but on greater devolution and less interference from the Department for Transport?

[Baroness Vere of Norbiton (Con)]

I believe I have already addressed the point about the short-term nature of the funding. I agree it is not ideal; however, it has been necessary as the whole system has transitioned. I reassure the noble Baroness that we will also be looking at BSOG reform this year. To remind noble Lords, this is a very important amount of money: some £250 million goes into the sector, which keeps bus fares low, but we have to make sure that it also supports net zero. There are all sorts of different things we can do with bus funding. In 2021-22, 57% of all income for the bus sector came from central and local government.

Transport: Investment Plans

Debate between Baroness Vere of Norbiton and Baroness Randerson

Thursday 30th March 2023 Grand Committee

[Baroness Vere of Norbiton (Con)]

The six-monthly updates will continue to be laid before Parliament as they have been previously. We will of course endeavour to put in every single update as much information as we have at that time. We will not have all the information immediately, because various things will be worked through at a different time.

We confirmed that the first stage of HS2 will be delivered as planned between Old Oak Common and Birmingham Curzon Street by 2033. Sometimes, I am mildly disappointed by the noble Baroness, Lady Randerson, making comments such as “serious doubt about the project” and “unlikely to go beyond Birmingham”. I am not sure where such observations have come from, because we have been quite clear in our plans.

On the rail system more generally, as the Secretary of State said during his Bradshaw address,

“operating the railways is currently financially unsustainable and it isn’t fair to continue asking taxpayers to foot the bill”.

We have to be very careful about the costs, thinking particularly about the depressed revenue that we are seeing at the moment.

[Baroness Randerson (LD)]

Can I invite the Minister to look carefully at the National Audit Office report?

[Baroness Vere of Norbiton (Con)]

I will of course look very carefully at the National Audit Office report. I do not know that it is saying that it believes that the line is unlikely to go beyond Birmingham; again, I would not know where its evidence would come from for a statement such as that.

We have an opportunity to improve the rail and local transport networks and to adapt to the needs of passengers today. There is a rare chance of some sort of redesign so that the system is fit for the future, because, as I said at the outset, I think all noble Lords want the same thing.

I will now turn to comments about HS2. The Transport Secretary has been very clear that Old Oak Common will act as a temporary London terminus while Euston is completed, but I do not think that any noble Lord should be under the impression that this will somehow be substandard. It will be probably the best-connected and largest new railway station ever built in the UK; it will have 14 platforms—six high speed and eight conventional—and it will be a transport superhub, providing connections to Heathrow via the Elizabeth line and, of course, high-speed rail services through to various parts of the country.

It was already planned that Euston would open later than Old Oak Common. However, we have decided not to proceed to full construction of Euston station in the next two years, which is the period that the Statement looked at, due to affordability and profiling issues. There is an opportunity to look again at the Euston station design to ensure that it is affordable and delivers for both the local community and passengers.

Following this debate, I will set out in a letter as much as I can about the phasing for the different elements of High Speed 2, including going to Crewe and beyond. It is important to put that on record.

Avanti West Coast

Debate between Baroness Vere of Norbiton and Baroness Randerson

Thursday 23rd March 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

The right reverend Prelate is entirely right. That is one of the things on which we hold Avanti to account. Passenger experience is at the heart of what we want to do with our railway system, and as we look to the future for Avanti, and indeed for all train operating companies, passenger experience is one of the key things that they are judged on.

[Baroness Randerson (LD)]

My Lords, since Avanti has been rewarded with more after such a record of failure, what incentive is there for other train operating companies to maintain the highest standards and to improve? When the Minister gave us her answers on the Statement the day before yesterday, she was not specific. Can she make clear now whether Avanti will face financial penalties for its failures over recent months?

Rail Services

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 21st March 2023 Lords Chamber

[Baroness Randerson (LD)]

My Lords, this Statement sums up the mess our infrastructure has become under a succession of Conservative Governments. I agree with the Government on a couple of points: I welcome progress in resolving strike action, so far as it has occurred. That has been allowed to drift on for far too long and was indeed stoked by the previous Secretary of State. It has badly damaged trust in railway services just when recovery from the impact of the pandemic should have been crucial. I also agree that discussions on who owns the railways is irrelevant, because the Government have effectively nationalised them and taken responsibility. That is the important thing: the Government have taken responsibility for how the railways are run.

However, turning to the rest of the Statement, I have some major points of difference. First, awarding Avanti a six-month extension is an extraordinary decision, and I mean that in the proper sense of that term. FirstGroup has failed in this franchise and continues to fail with TransPennine Express. Other train operating companies have faced exactly the same pressures—Covid, weather, strikes—but by better management and decision-making, they have more effectively minimised the impact on customers. So my first question is: how badly does FirstGroup have to do to lose either of these franchises? Because they are truly being rewarded for failure.

The improvements that the Government cite at Avanti seem very recent and very insubstantial. My question is: there have been months of past poor service; will Avanti or its shareholders face any financial penalties for poor service, repeated cancellations, late running and systematically misleading the public and the Government about cancellation rates by cancelling late on the night before? Another question refers to the 100 extra drivers that the Government cite. Can the Minister give us a view as to whether that is enough in the Government’s eyes? How long will it take to train those drivers?

Reference is also made to a new discounted ticket scheme on some routes. What proportion of routes will have this new discounted scheme? I remind the Minister that what passengers want is to be able to book ahead, because advance fares are cheaper, and they want to be able to book ahead on all routes. When will they be able to do this? Have the Government just handed Avanti another golden cheque, or are there some useful conditions to this funding? I recall that Transport for London has very stringent conditions attached to its funding. What are the stringent conditions attached to the funding of Avanti for the next few months? While we are talking about railways, is it true, as is reported in the Daily Telegraph today, that the Government are about to announce a reduction in passenger rights to delay repay compensation? If that is true, it really is adding insult to injury.

Finally, the Statement looks vaguely at the issue of reform, which is, of course, long overdue. There is a great deal of consensus on the issue of reform, so when can we expect legislation on it? The Government have repeatedly told us that simplification of ticketing is just around the corner and that it does not need legislation, so I ask the Minister when we can expect to see it happen.

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

I am grateful to the noble Baronesses, Lady Taylor and Lady Randerson, for their contributions to this Oral Statement repeat. To a certain extent I am always very sad when I do not get to read out the Oral Statement, because sometimes it helps to set the tone and remind noble Lords of what was in the Statement. There were certainly some elements that may have slipped the minds of noble Lords to date. I will go through as many of the issues as I can and, I hope, helpfully provide those bits of information that may have slipped noble Lords’ minds.

I appreciate that the noble Baroness, Lady Taylor, welcomed the news on the strikes. It is good that the RMT workers “overwhelmingly”—their word, not ours—accepted the National Rail offer by 76% on a 90% turnout, which leads one to ask why the RMT chooses not to put a very similar offer to its members around the train operating companies. We believe it would be extremely beneficial for them to do so and may well bring strikes to an end, but they, for whatever their reasons, choose not to, and that is extraordinarily disappointing. As we all know, it causes an immense amount of delay and disruption to passengers’ journeys and is something that we absolutely want to avoid.

The noble Baroness, Lady Taylor, said that Avanti “has flouted all attempts to improve services”—except that it has improved services, so I could not quite put those things together. If we look at what Avanti has done, it has increased its weekday services, in many areas back to pre-Covid levels. There has been an enormous increase, up to 40% in some areas —from 180 weekday services a day up to 264. Cancellations are now down from 25% to 4.2%. I accept that needs to go lower, but I think all noble Lords can agree that that is an improved service, which the noble Baroness was not even willing to admit has even happened. Then we know that at least 90% of services arrive within 15 minutes of their scheduled arrival time. I can confirm that today 92.5% arrived within 15 minutes of their scheduled arrival time, and there was just one partial cancellation, the 7.30, which would have already departed by now.

It is also worth noting that sometimes the train operating companies have other issues that they need to look at when it comes to the challenges that they face. For example, today—and I have noted the 92.5% of services running within 15 minutes of their planned time—the train operating company had to deal with a trespasser at Cheadle Hulme; a technical issue affecting a London Northwestern service, which caused the Avanti services to be late; a Network Rail track defect between Rugby and Hillmorton Junction; a track failure at Queen’s Park, and a safety inspection of the track between Coventry and Rugby. None of those things could reasonably be put at the door of Avanti to say, “That’s entirely your fault.” Sometimes, it is not. Sometimes we need to recognise that the Government’s plans for bringing together track and train under GBR are to try to deal with such issues. We have issues with the infrastructure, and we need the services to be within that ecosystem such that those issues are minimised as much as possible.

I accept, however, and my right honourable friend the Transport Secretary accepts it too, that this is a journey. This is a reward for recovery, which the noble Baroness was not willing to accept has happened, and not for completion of all of the issues that Avanti might have. That is why this is a recovery plan, and it is why the extension is only for six months, because we believe that further improvements are necessary. We need more reliable weekend services; we need a further reduction in cancellations, and we need improved passenger communication for planned and unplanned disruption.

The noble Baroness, Lady Taylor, then talked about TP and there being “no … excuses” for its poor performance. There are, however, some issues that it would be wise for the noble Baroness to understand, and I am very happy to help her understand them. The first is sickness. The sickness rates among train crews and those providing training at TPE are extraordinary: more than twice the level of other train operating companies. That cannot be right. Why might that be happening? I would also point the noble Baroness to the lack of rest day working, which was—simultaneously and with no warning—withdrawn. We believe that was co-ordinated by ASLEF and it meant that, all of a sudden, various train operating companies that suffered this—it was mostly Avanti and TPE—were forced to reduce their timetables. They did not want to reduce them. Train crews and drivers had been doing voluntary overtime on this basis for decades, and then all of a sudden, it was withdrawn and there was a consequent impact on service. That cannot be laid at the door of the management; it just cannot. It is up to the management to try to fix it, and that is why they are recruiting the train drivers. I am very content to reassure the noble Baroness, Lady Randerson, that we are aware of the number of train drivers who are coming through. There are almost 100—obviously there is phasing over three years—and we are reassured that those train drivers will do the trick.

The noble Baroness, Lady Randerson, asked what financial impact there would be. There is a vigorous performance evaluation system looking at operational performance, passenger experience and financial management, working with National Rail, train operating companies and their shareholders. That is how they are judged: it is independently evaluated and that is absolutely right. It is done in accordance with the contract that they signed up for. That is only fair.

I have said before that legislation will come forward when parliamentary time allows. I will not comment on speculation in the Telegraph; I have not read that newspaper today. On the discounted routes, I will have to write to the noble Baroness, but I can assure her that Avanti does not use any P-codes, so she should rest assured in that area.

What I am struck by from all this is the lack of willingness to understand that it is a very complex system; the levers that the train operating companies have are not always within their gift, and neither of the noble Baronesses who have spoken so far have offered any alternative. The only alternative that I am aware of is that the Labour Party has to date—and we are still a little way off from a general election—made £62 billion of unfunded commitments for the rail industry. We look after taxpayers’ money. It is really important that we do. We need a modern railway that works seven days a week. That is what we are aiming for and that is what I think our reforms will deliver.

--- Later in debate ---

[Baroness Vere of Norbiton (Con)]

I am struggling to understand the basis of the noble Lord’s question. What is happening is that the officials are working with the train operating companies and those companies are working with their workforces. Any contractual relationship with an organisation within the Department for Transport requires greater or lesser oversight, depending on what is happening. I cannot really add much more, other than it is government being government with one of its contractors.

[Baroness Randerson (LD)]

The Minister did not have time to answer all my questions. I simply ask that she review them and answer them in a letter.

[Baroness Vere of Norbiton (Con)]

I am happy to do so but, given that I have a tiny bit of extra time, I will knock another one on the head. On the booking window, I agree that it is very important that passengers have the confidence to book ahead. The booking window now extends to 12 June—another area where Avanti has shown real improvement. We understand that the weekend booking window is shorter, at five weeks, but that is in order to take into account engineering works. That is another example of the infrastructure side of the business impacting on the services side, and of course we want them to work closely together.

I will look at some of the noble Baroness’s other questions. I cannot see too many that I have not answered, but I will ask officials to look through Hansard and we will write accordingly.

Bus Industry Support

Debate between Baroness Vere of Norbiton and Baroness Randerson

Thursday 16th March 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My noble friend is right that some routes have been changed and others have been reduced. It is the case that, if an operator wants to reduce a route, it must put in an application to the local transport authority, which has the ability then to subsidise or to tender that route. We have to establish a network which matches the revised passenger demand following the pandemic.

[Baroness Randerson (LD)]

My Lords, the Campaign for Better Transport has done research which shows that, in the last two years, between this month and March 2021, when the Government launched their Bus Back Better campaign, there has been a 23% cut in bus services in England. Far from busing back better, the Government are actually presiding over the death of public transport in some areas. What are the Government planning to do to reverse this? Will the Minister commit today to the transformational reform of the bus service operators grant system, which is clearly not working?

Train Services: North of England

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 27th February 2023 Lords Chamber

[Baroness Randerson]

To ask His Majesty’s Government what steps they intend to take to improve train services in the north of England.

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

My Lords, Ministers recognise that the current service provision is far below the standard that passengers rightly expect. The Government constantly review operators’ performance, and all options regarding contracts remain on the table to ensure we reach a long-term solution that works for passengers in the north and across the rail network.

[Baroness Randerson (LD)]

Recent Office of Rail and Road data exposes the scale of the misuse of P-coding the last-minute cancellations by TransPennine Express. In the month up to 4 February, TPE cancelled almost a quarter of its services, and Avanti West Coast was not far behind on 17%. These train companies have exploited this loophole to the great inconvenience of passengers and have misled the public. Can the Minister assure us that they will not be rewarded with new contracts?

[Baroness Vere of Norbiton (Con)]

I am not entirely sure that the picture is quite as the noble Baroness has set out. There is not necessarily a misuse of P-codes; the issue is that there has to be a point in the day beyond which a cancellation counts and has to be published as a same-day cancellation and the period before, when a cancellation can happen for all sorts of different reasons, including engineering works and a reduction in timetables, asked for by the department to ensure reliability. We are working very closely with the ORR on the transparency of the cancellation data that is out there. There will of course be P-code data, but there will be other data around the cancellation of train services. When it comes to performance figures, all of the data is taken into account.

Cars: Headlight Glare

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 30th January 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I will certainly meet the noble Baroness and others who are interested in this. She mentioned the RAC survey, which was a survey—people were self-selecting in their responses. In 2018, research concluded that overall there are no direct adverse health effects from LED emissions in normal use. Indeed, they might reduce light sensitivity due to the absence of UV radiation. As I said, work is continuing on this. It is important that we look at the research, but we have pressed the UNECE to make further progress.

[Baroness Randerson (LD)]

My Lords, the noble Baroness asked about new technology, but tomorrow is the 40th anniversary of the introduction of seat-belt laws in the UK. They have saved many thousands of lives since, yet in 2021 30% of those killed in car accidents were not wearing their seat belts. The Prime Minister’s recent experience has revealed the importance of raising awareness. The current £100 fine with no penalty points is out of kilter with the fine for, for example, looking at your mobile phone, which is £200 and six penalty points. Will the Minister guarantee that the Government will review the law on seat belts with a view to introducing penalty points?

[Baroness Vere of Norbiton (Con)]

The Government are doing a significant amount of work on road safety. Indeed, I took much of that work forward in the three years that I was the Roads Minister. We will publish the road safety strategic framework in the spring. That will look at all different elements of road safety with a focus on how we can reduce deaths and serious injury.

Rail Services

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 20th December 2022 Lords Chamber

[Baroness Randerson]

To ask His Majesty’s Government what plans they have to improve rail services in Great Britain.

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

My Lords, the Government are absolutely committed to reforming our railways and ensuring a high-quality, seven-day railway across the whole country. In 2021, we published the Plan for Rail White Paper to address long-term structural challenges within the sector. In the immediate term, the Government as facilitator have helped improve communication between negotiators and unions.

[Baroness Randerson (LD)]

My Lords, the Government rely on rail to support their carbon reduction targets, but prolonged strikes and appalling management at some train operating companies are definitely deterring passengers. The announcement today of yet another rail strike in the first week of January reinforces the public’s view that the Government are presiding over decline and seem paralysed into inactivity.

So my question to the Minister is this: Great British Railways was hailed as the solution to the current mess in our rail services, but the new Secretary of State now seems to have put it on hold. Can the Minister explain to us why it is delayed and why the legislation is delayed—or is it yet another abandoned government ambition?

[Baroness Vere of Norbiton (Con)]

I think that the reason for the delay in the legislation has been well set out both by the Secretary of State and the Rail Minister in front of the Transport Select Committee. There is a significant pressure on parliamentary time at the current time, owing to various challenges that were not anticipated. It is also the case that we have received thousands of contributions to the consultation around Great British Railways. We are working at speed on all the things that do not need legislation, and we will bring forward legislation in due course.

Railway Station Ticket Offices

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 13th December 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

It is up to the train operating companies, which operate the ticket offices, to think about the best way to manage their resources—including people—to serve customers better. I accept that TfL is often ahead of the game in many areas. Noble Lords will recall a time when you could pay by cash for a bus ticket in London; that is the case no longer. There are ticket offices across the country where less than one ticket an hour is sold. I put it to noble Lords that the person behind that glass screen could be doing other things.

[Baroness Randerson (LD)]

My Lords, many of the stations that I use have not had ticket offices for years, but my main concern is not just how and where you buy the ticket but how much it costs. We already have the most expensive railway in Europe. Are the Government committed to ensuring that fare increases are frozen next year to help with the cost of living in these difficult times, and to reflect the dire service that passengers have received in recent months from many train operating companies?

[Baroness Vere of Norbiton (Con)]

When it comes to the railway, DfT Ministers have front of mind the impact on passengers of recent disruption, and value for money for all taxpayers. The railway has lost 20% of its passengers since the pandemic, which means that it has also lost between £125 million and £175 million a month in revenues. Nobody wants to see fares go higher but the reality is that we need to ensure a good deal for taxpayers. Part of that involves being able to modernise the railways such that they can offer the sort of service, at the sort of fares, that people want.

Rail Strikes: Impact Assessment

Debate between Baroness Vere of Norbiton and Baroness Randerson

Thursday 8th December 2022 Lords Chamber

[Baroness Randerson]

To ask His Majesty’s Government what assessment they have made of potential impact of rail strikes called for 24 to 27 December on (1) passenger services, and (2) rail maintenance projects, scheduled for this period.

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

My Lords, we expect approximately 20% of planned services to run in the 24 to 27 December period, with considerable regional variation. While generally few rail services run during bank holidays, passengers’ travel will regrettably be affected. Network Rail has planned an ambitious £120 million engineering works programme for the Christmas period, aimed at maintaining and renewing track assets. The industrial action will impact planned works, and Network Rail is working to ensure that as many projects as possible can be completed.

[Baroness Randerson (LD)]

I thank the Minister for her Answer, but we have had no leadership from the Government on rail strikes, which have been allowed to drift onwards and expand so that they cover Christmas. The last two Christmases were ruined by Covid, and 19 separate public sector strikes threaten this one. It is a general strike by the only legal means possible, and it is greeted by paralysed silence from the Government. I ask the Minister if it is right that the Government have totally lost control of the situation.

[Baroness Vere of Norbiton (Con)]

I am afraid I fundamentally disagree with what the noble Baroness just said. There has been no silence from the Government at all. The Prime Minister has answered Questions on it; indeed, the Secretary of State was in front of the Transport Select Committee yesterday and he voluntarily made a statement on rail strikes at the outset of the session. We are absolutely content to talk about rail strikes, so I do not understand her question.

Aviation: Cost of Travel

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 7th December 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I am sure that my noble friend is aware that, when we reduced domestic air passenger duty, we added a new ultra-long haul distance band to ensure that the revenues to the Exchequer were maintained. It is the case that the Government have stringent and detailed plans in place to decarbonise our aviation sector, and there will be more on that to come.

[Baroness Randerson (LD)]

With all due respect to the Minister, she did not answer the main thrust of the question from the noble Lord, Lord Deben, which related to the availability of reasonably priced train services as an alternative to aviation. I add an additional point to his question: the train services should not just be reasonably priced; they should also be reliable, and recent debates here have proved that they are not so.

[Baroness Vere of Norbiton (Con)]

I know that the noble Baroness will have the opportunity to quiz me on rail tomorrow. It is the case that we want rail fares to be as low as possible. To achieve that, we need a modern, seven-day railway, which is what this Government are trying to achieve.

Rail Cancellations and Service Levels

Debate between Baroness Vere of Norbiton and Baroness Randerson

Thursday 1st December 2022 Lords Chamber

[Baroness Randerson (LD)]

I thank the noble Baroness for her answer, but it did not refer to the loophole that TransPennine Express exploits. When it cancels trains before 10 o’clock, these are not counted in terms of the delay repay compensation. This also massages its statistics, so that it looks better than it is. The real picture is significantly worse than the official picture. Have the Government investigated whether other train operating companies are exploiting this loophole? If so, which ones are? Can the noble Baroness assure us that the rules will change so that passengers get a more honest picture of train performance? Finally, will she assure us that the Government are committed to improving the terms and conditions of their contracts with the train operating companies? Avanti got a seven-figure performance payment, despite it having the worst results across the UK. How can that be right? How can train operating companies be rewarded for abject failure?

[Baroness Vere of Norbiton (Con)]

There were plenty of questions to be getting on with there. I am afraid that I am not aware of the loophole that the noble Baroness referred to. I will take that back to the department and write to her with an explanation of how that is included in the performance figures and whether or not we are able to improve the communications with passengers so that they know that trains are not running. We know that certainty is always the best option when it comes to running passenger services. The noble Baroness spoke about the performance fee. I am not entirely sure that it was a performance fee; it may have been a management fee. All fees go through an independent process. If payments are made, they are as a result of the contractual and legal obligations that the Government have with the train operating companies.

Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 30th November 2022 Grand Committee

[Baroness Randerson (LD)]

The noble Lord, Lord Jones, and I mentioned the powers going to the Secretary of State. Can the Minister tell us a little more about the advice that will go to the Secretary of State? It is all fine so long as we are piggybacking on EU standards, but surely the Government are not going to all this effort just to permanently piggyback on EU standards. The Government clearly want to diverge and if we are to do so, there has to be a sound technological basis for it.

[Baroness Vere of Norbiton (Con)]

No, that is not quite right. We are not piggybacking on EU standards, because EU standards are underpinned by UNECE standards and the UNECE has nothing to do with the EU. They underpin EU standards and will underpin our standards. Changing UNECE standards involves lengthy negotiations and discussions and technical experts all getting together to make improvements in our system.

Historically, when we go into UNECE negotiations, advice is provided to Ministers in the normal fashion with various experts saying, “Minister, this should be our negotiating position”, and we go in there and try to get our position. We are a leader in that group as we have very strong technical expertise in the field of vehicle manufacturing. When a decision is made, it is a bit like the European Commission: we are not losing any oversight at all here, because that decision would have gone through the European Commission with no oversight by Parliament either.

I am happy to write with more information as to what the process would be should the technical standards change and we need to change our type-approval system, but I cannot imagine that it would be significantly different from what already happens when we approach the UNECE to make technical changes.

The noble Lord, Lord Tunnicliffe, was right when he summed up and said that this is continuity and not a change of policy. There is no change of policy here; there is no change in terms of the carbon dioxide emissions. We are maintaining the standards for carbon dioxide emissions, and we are maintaining the standards within the type-approval system. The simple fact is that this is very technical and many of the names are changed—and no more.

I believe that I have covered engagement, so I hope that I have covered all the questions I am currently able to, but I will write a letter. I beg to move.

Midlands Rail Hub

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 15th November 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I do not accept that. It is right that the Government go through the business case process. As the noble Lord will know, the outline business case is very important in ensuring that the project can be considered alongside other rail projects and then, potentially, put into the RNEP.

[Baroness Randerson (LD)]

My Lords, Britain invented and developed the world’s first railways, and we were authors of amazing feats of engineering across the world, but the World Economic Forum now places us 29th in the global rankings for the quality of our railways. The Government’s endless U-turns on major rail projects—HS2, the integrated rail plan, the Oxford to Cambridge link, the trans-Pennine and many more—have wasted millions, even billions, of pounds. Can the Minister give us an assurance that on Thursday, the Chancellor will not be picking on capital investment in this carbon-reducing form of public transport as a way of saving money following the recent disasters affecting the economy?

[Baroness Vere of Norbiton (Con)]

Obviously, I cannot pre-empt what the Chancellor is going to say on Thursday; what I can say is that the Government are committing and will commit to record investment in our rail services and infrastructure. Projects such as the integrated rail plan are incredibly important—they unlock potential—and the Government are committed to delivering it. We will be looking at the options for high-speed to Leeds, and we intend to publish the terms of reference for the route study to Leeds after the Autumn Statement

Swing Bridges

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 15th November 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

We do not go to the level of setting mandatory maintenance schedules, but we work with various organisations within the world of highways maintenance. For example, through various channels, we have produced Well-Managed Highway Infrastructure: A Code of Practice, which we developed with the UK Roads Leadership Group. Assets such as swing bridges are very rare and each is usually unique, so setting out more detailed maintenance requirements may be counterproductive.

[Baroness Randerson (LD)]

My Lords, the Minister referred to the commercial use of waterways; for example, the use of water freight for the construction of Crossrail, the Northern line extension and the Thames Tideway tunnel. Those three projects alone took over 350,000 lorry journeys off our roads. Therefore, the importance of waterways for reducing carbon emissions from freight transport is considerable, yet the Government’s Maritime 2050 strategy ignored the contribution of inland waterways to the reduction of carbon emissions and the issue of freight costs. What will the Government do to address that omission in departmental planning and strategy?

[Baroness Vere of Norbiton (Con)]

My Lords, my department has a fund that exists solely to encourage freight off the roads and on to waterways. It is top of mind; we encourage our own delivery bodies to ensure that they use a variety of modes to transport construction materials. That includes inland waterways, as the noble Baroness has pointed out. If it is not in the maritime strategy, that is not because it is not a priority; perhaps it simply did not fit.

HS2: Wales

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 8th November 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I am grateful to my noble friend for his service on the Select Committee—I know that these Bills can sometimes be very large indeed. That for phase 2b, the western leg, is in the other place at the moment, and a Select Committee is being put in place. The Government remain committed to delivering HS2, as the Secretary of State set out in his update to Parliament last month.

[Baroness Randerson (LD)]

My Lords, in her answer to the noble Baroness, the Minister had an interesting new interpretation of the way in which the Barnett formula works. In the past, it has always been possible to track through how much Barnett money would come, and why. It has not been possible in this case to detect Barnett formula money as a result of HS2. Can the Minister explain to us exactly how much Wales has received in Barnett consequentials as a result of this project, and when that money was received and why?

[Baroness Vere of Norbiton (Con)]

As I tried to explain, the Government take an overarching approach, as heavy rail infrastructure is the responsibility of the Government in England and Wales. But if one looks at rail investment in Wales, one can see that we are investing record amounts already. In CP6, we have invested £2 billion in Wales alone, which includes £1.2 billion in renewals and upgrading infrastructure and £373 million for rail enhancements.

Merchant Shipping (Control of Harmful Anti-Fouling Systems on Ships) Order 2022

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 8th November 2022 Lords Chamber

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

My Lords, the purpose of this order is to give the Government the powers we need to implement amendments to the International Maritime Organization’s International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001—which I will refer to as the convention—into law. The order relies on powers in Section 128(1)(e) of the Merchant Shipping Act 1995. The draft order was laid before the House on 17 October 2022. If approved, the powers in the order will be used to make a new statutory instrument next year to implement the convention amendments. The order will also allow the convention to be entirely reimplemented in regulations, should that be necessary.

Before continuing, I will give some background on what the Government have done regarding the convention and outline our reasons for wanting to implement amendments to it. I reiterate that the draft order before your Lordships’ House is a mechanism to provide the powers for the implementation of amendments to the convention, rather than an instrument to implement the amendments themselves. Any subsequent secondary legislation using powers under this order to implement the amendments will come before your Lordships’ House in the usual way and following a public consultation.

The convention entered into force internationally on 17 September 2008 and the United Kingdom acceded to it in 2010. It aims to protect the marine environment and human health from the adverse environmental effects of anti-fouling systems used by ships. An anti-fouling system is a coating, paint or surface treatment that is used by a ship to control or prevent the attachment of unwanted organisms to that ship. The convention addresses the harmful impacts of anti-fouling systems by prohibiting the use of certain substances in those systems. In 2021, the International Maritime Organization adopted amendments to the convention to prohibit the use of a new compound in anti-fouling systems, and these will come into force on 1 January.

As the convention took effect 14 years ago, noble Lords may ask why the Government are only now seeking powers to implement amendments to it. The reason for this is that the convention was already implemented, and therefore enforced, in the UK by a combination of a European Commission regulation and the Merchant Shipping (Anti-Fouling Systems) Regulations 2009. However, both these instruments derive from EU powers and now comprise EU retained law. Consequently, implementing the convention amendments relating to this one new substance through these instruments would now require primary legislation. Therefore, to implement these amendments more efficiently into UK law, we need to introduce an Order in Council to provide the powers required for this purpose, which we will then do. The Government consider that the implementation of the convention amendments into law is an important step to ensure that the UK continues to comply with its international obligations.

The convention and its subsequent amendments were negotiated at the IMO by representatives of the Government, the shipping industry and environmental interest groups. The Maritime and Coastguard Agency, or MCA, played an active role in the negotiations at the IMO throughout the development of the convention and its amendments. The Government’s proposals for implementing the amendments to the convention by way of a new statutory instrument will be the subject of a public consultation.

Noble Lords will recall that the House considered something similar some time ago, when we looked at Section 128(1)(e) of the 1995 Act as a mechanism to change the regulations by secondary legislation when it comes to matters relating to pollution. That, in essence, is what we are doing again; we are giving ourselves a power to introduce secondary legislation when there are amendments to the anti-fouling convention.

I hope that that is fairly straightforward, but I am content to answer any of noble Lords’ questions. I beg to move.

[Baroness Randerson (LD)]

My Lords, I thank the Minister for her explanation. Clearly, we welcome any steps to prohibit the use of harmful chemicals in anti-fouling systems. The sooner those steps are taken, the better.

As the Minister said, this relates to a convention and decisions taken some considerable time ago. It gives the Secretary of State powers to make regulations to implement the 2001 convention and subsequent amendments. I have two brief questions for the Minister. First, she gave an explanation that related to the need to use different powers at this point because we have now left the EU, whereas we relied previously on EU legislation. I therefore wish to quibble about paragraph 8.1 in the Explanatory Memorandum, which says:

“This … does not relate to withdrawal from the European Union”.


It does relate to withdrawal from the EU, as so much does, and it is worth explaining how.

Secondly, the Minister referred—I think, though I might have misheard—to getting the regulations on the statute book by next year. Is that what she was saying? I very much hope that that is the case and that the department is being ambitious on this. I would not like to see this legislation—which should surely be uncontroversial—going to the back of the maritime queue. The sooner it can be done, the better. Having made those brief comments, I support the SI.

West Coast Main Line

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 2nd November 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I am not entirely sure where the noble Lord gets those figures from, because my understanding is that on weekdays between 7 am and 9 am—for example, between Birmingham and London—the services are actually at pre-pandemic levels. Of course, there have been changes to the timetable at some other points, but that is very much down to changes in travel habits, such that the system needs to have a demand-led timetable so that we can ensure that people can travel when they need to.

[Baroness Randerson (LD)]

If I were a nurse and decided to work only half my contracted hours and demanded to be paid my full salary, I would be rejected out of hand. Yet Avanti has essentially done this: it has provided less than half its service to some major cities, but it is still paid the standard contract fee. I ask the Minister: why are DfT contracts written so loosely that it is still entitled to that?

[Baroness Vere of Norbiton (Con)]

I think it is absolutely right, as I said earlier, that the performance is subject to independent  adjudication. If there is any action to be taken by the DfT, we would follow the legal and contractual processes. We are aware that there is an opportunity to improve our contracting as we move forward and that is why we hope to move to passenger service contracts in due course to encourage competition and enable services to run as they should.

Seafarers’ Wages Bill [HL]

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 26th October 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My Lords, the thrust of the amendments in this group is to consider the delegated powers in the Bill. I will speak to the first amendment, in my name, and return to the remainder when I have heard contributions from noble Lords. Amendment 3 addresses a concern raised in the report by the Delegated Powers and Regulatory Reform Committee, the DPRRC. The amendment removes the power in Clause 3(4)(a) to make regulations that make provision restricting the circumstances in which harbour authorities may request that operators of shipping services provide national minimum wage equivalence declarations.

After reflecting on the comments of the committee, and representations made by noble Lords on this point in Committee, I agree that the power as drafted could have been exercised in a way that had broad effect to amend the application of the Bill, with limited parliamentary scrutiny. That had not been the intention of the clause when it was included, but, after some consideration, the Government are satisfied that the removal of this power would not have any impact on the operability or policy intention of the Bill. I beg to move.

[Baroness Randerson (LD)]

My Lords, I stand to speak to the amendments in my name and that of my noble friend Lady Scott: Amendments 6, 7, 8 and 9 in this group. We are pleased to see that the Minister has responded to comments from the Delegated Powers and Regulatory Reform Committee, and that her amendment addresses some of the issues that it was concerned about. Our amendments also address their comments, and the Government do not seem to have taken all of the committee’s comments on board. That concerns us.

Clause 11 gives the Secretary of State power to give directions to harbour authorities, requiring them to do—or not to do—a number of things. The DPRRC concluded that this was

“a completely open-ended power”

and pointed out that this could modify the whole Bill by directions which are not subject to any form of parliamentary scrutiny. The Government accepted this argument in relation to Clause 3 and put in an amendment, so my question is this: why is the same principle not applicable to Clause 11? I made the point earlier this afternoon that the Bill is, in my view, poorly constructed. I genuinely think that it is quite possibly an error, rather than a considered decision by the Government, that has led to their failure to rectify Clause 11, because there is no logic to making the effort with Clause 3 but not making the effort with Clause 11.

As the Bill stands, the Government are hiding behind harbour authorities by expecting them to do the enforcement work. I understand the points the Minister made in the various debates in that regard, but at the same time the Government want to retain all the ultimate power. That is not satisfactory. It overrides Parliament’s role and parliamentary democracy. It is an abuse of government power and it is bad law.

So my question to the Minister is: will the Government consider responding to and taking on board the rest of the DPRRC’s comments and, at a very late stage—at the last moment—ensuring that there are amendments in line with its comments? If she feels that the Government really cannot do that, will she give an undertaking in this House that they will not depart from the Bill’s basic script and intention—because there is a fear that that could happen, given the very wide-ranging power they are giving themselves in the Bill?

Avanti West Coast Contract Renewal

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 26th October 2022 Lords Chamber

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

My Lords, the Government take the performance of Avanti very seriously. We are looking at the performance metrics and working with it on its recovery plan. As noble Lords will know, any award is published in line with Section 26(1) of the Railways Act franchising policy statement. There is also an independent process to assess whether performance targets have been met. We are very focused on working with Avanti to pull it out of this period of poor performance and on to the sunlit uplands of fulfilling the needs of its passengers. From the next timetable change in December, Avanti will go from 180 daily services to 264—a massive step change. Everybody will notice the trains are back. We need to make sure that they are reliable, but I absolutely appreciate that at this current time the service is not good enough.

[Baroness Randerson (LD)]

My Lords, Avanti has run only 40% of the services out of Euston that its predecessor ran. The Government’s Answer to this Question refers to Covid as a cause of the problem, but other operators do not seem to have had the same problem with training—GWR, for example. The truth is that bad management has undermined staff goodwill and the Government have rewarded failure in this decision. Will the Minister explain why Avanti has reduced its service but has been rewarded with the same £6 million fee? If the excuse is that it is in the contract, why are the contracts so badly written that the Government could not reduce that fee?

Secondly, it is almost impossible for the poor souls forced to travel on these trains to buy advance tickets. They have to buy on the day, and it costs more as a result. This is a con. Will the Minister intervene on this issue and ensure that the prices are adjusted appropriately if no advance tickets are available?

[Baroness Vere of Norbiton (Con)]

My Lords, there were several questions there, but I hope to get through as many as possible. There is a well-worn path which involves independent adjudication for contracting and that is utterly necessary. We do not want contracts in the whim of Ministers, because on either side of that debate, it could end up with very poor outcomes. Contracts must be assessed properly and there are legal and contractual processes to be gone through. It is absolutely true that Avanti is on probation. It has the six-month extension for a reason, and we will be watching it like a hawk. Obviously, its performance will be measured by the independent adjudicators.

What we tried to do over the summer period—as we tried in the aviation sector—was to ensure that we had reliability. If you have good communications and a robust timetable, at least people who do have a train ticket can turn up and actually get their train, which brings me to the advance ticketing issue.

I am pleased to say that it is now possible to get advance tickets on weekdays until 13 January and on weekends up to four weeks from 7 November. It is shorter at weekends, because travel is sometimes disrupted by engineering works.

I am aware that I have not covered the Covid issue, but I might come back to that in subsequent questions.

Great British Railways

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 25th October 2022 Lords Chamber

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

My Lords, the challenges facing our nation’s railways were very clearly set out—some years ago now—in the Plan for Rail. These challenges have been exacerbated by subsequent events, namely Covid, macroeconomic headwinds, and some challenges with industrial relations.

The Government remain committed to modernising our railways and transforming the industry. At its heart will be a focus on passengers. The consultation on Great British Railways and other reforms closed on 4 August. We had 2,500 very good responses. We will be working through that feedback to help us shape the way forward with Great British Railways.

The Government have invested and will continue to invest billions of pounds. On the RNEP specifically, we know that the use of the railways has changed. There has been a shift away from commuting and towards leisure. Where we invest taxpayers’ money must reflect that. We are looking at the RNEP and will have it published shortly.

Finally, I am hoping that there will be an announcement shortly on the location of the Great British Railways headquarters.

[Baroness Randerson (LD)]

My Lords, the state of our railways is a national embarrassment. Yet the withdrawal of this Bill is evidence that the Government are not prioritising them. Meanwhile, the tables of the Royal Gallery are littered with Bills that reflect the extremes of Conservative ideology and are of no practical use or value to ordinary, hard-pressed citizens. Will the Minister take the opportunity presented by a new Prime Minister this week to press the case again for the inclusion of this Bill in his new list of priorities? While she has his ear, will she press him to ensure that railway fares do not go up in line with inflation next year, as this would be a bitter blow to commuters?

[Baroness Vere of Norbiton (Con)]

My Lords, I cannot agree that those Bills are no good to anybody. I think that the Energy Prices Bill will be warmly welcomed by consumers across the country.

Some legislation is needed for rail reform. However, it should also be noted that we can deliver an enormous amount of what we have promised without legislation. These are things such as workforce reform, increasing competition within the system, improving the ticketing system, starting local partnerships, and, most importantly, the long-term strategy for rail. This will set out the 30-year vision that will be taken forward by Great British Railways. We are making good progress and will bring the legislation forward as parliamentary time allows.

Doncaster Sheffield Airport

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 25th October 2022 Lords Chamber

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

The Government have had several—actually 13—ministerial-level meetings since towards the end of July. The Transport Secretary, for example, met Mayor Oliver Coppard from SYMCA on 22 September and Mayor Jones from Doncaster County Council. She has also spoken to Peel Group twice. I have spoken to Peel Group, to 2Excel, to the noble and learned Lord, Lord Falconer, who I see is in his place, and to local MPs. The reality is that my officials are in constant contact with all the relevant parties. If I feel that I can help further, I certainly will. On using the Civil Contingencies Act, we looked very closely at it, and it has a very high bar. I should note to noble Lords that, despite all the emergencies we have had in this country since the Act was passed 20-odd years ago, Part 2 of that Act has never been used: no emergency has managed to reach that high bar. We did look at it and we have challenged ourselves to ensure that the contingency plan is in place. Those tenants who will be leaving DSA are robust, and therefore their contracts can continue.

[Baroness Randerson (LD)]

My Lords, many local airports have been in trouble since Covid. However, this airport is of great strategic significance. It has one of the longest runways in the UK, it is the home of the national coastguard operations, and it is the base for the National Police Air Service. This is, therefore, of very great national significance, not a little local difficulty. Will the Minister therefore undertake to treat this as a problem of national significance, and does she agree that the Government need to provide tangible support—not just warm words—for local representatives?

[Baroness Vere of Norbiton (Con)]

The Government do not own or operate airports; local authorities and devolved Administrations do—for example, Manchester, Birmingham, Luton and Teesside. We very much feel that, if there is a local solution to be had, it will come from local knowledge, from those local authorities. For reassurance, I have spoken to 2Excel about its contingency plans, which wrote to the former Prime Minister setting out that it would be able to continue with its work, and the Home Office is content that the NPAS will also be able to continue its work. While we are deeply disappointed by Peel’s decision, I have strongly urged the group to engage with all interested parties should a commercial solution be available.

Airports Slot Allocation (Alleviation of Usage Requirements) (No. 3) Regulations 2022

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 25th October 2022 Grand Committee

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

My Lords, these draft regulations will be made under powers conferred by the Air Traffic Management and Unmanned Aircraft Act 2021, or ATMUA. Following our departure from the European Union, this legislation created a more flexible set of powers for Ministers to implement alleviation measures related to the impacts of Covid, subject to a vote in both Houses. This allows the Government to adopt a bespoke approach to best support the recovery of the aviation sector. Ordinarily, airlines must operate their airport slots 80% of the time to retain the right to them the following year. This is known at the 80:20 rule, or the “use it or lose it” rule. This encourages efficient use of scarce airport capacity.

This summer, we saw a promising recovery in passenger demand. It is welcome that so many people have been able to travel on business, visit family and friends or travel abroad for a much-deserved break. However, demand remains below pre-Covid levels, and this recovery has not been without its challenges. It is well known that the sector struggled to ramp up operations. This caused some disruption at airports in early summer, which abated as the summer progressed, supported by swift action from the Government.

We have designed a package of measures for the winter 2022 season that aims to balance the recovery of the sector with enabling airlines to plan deliverable schedules. When the pandemic struck, the 80:20 rule was fully waived to avoid environmentally damaging and financially costly flights with few or no passengers. We then offered generous alleviations for four seasons while travel restrictions remained and demand was uncertain. Last summer, we implemented a 70% usage ratio, reflecting the more positive outlook in demand. We provided additional alleviation during the summer season in response to the high levels of disruption at airports arising from the continuing impact of Covid-19.

As required by ATMUA, we have determined that there is a continued reduction in demand, which is likely to persist, and we consider further alleviation measures justified for the winter 2022 season, which runs from 30 October 2022 to 25 March 2023. On 20 July we therefore published this draft statutory instrument, setting out the package of measures we propose. This package was developed following consultation with industry and careful consideration of the responses.

The draft instrument being considered applies to England, Scotland and Wales. Aerodromes are a devolved matter in relation to Northern Ireland and, as there are currently no slot co-ordinated airports in Northern Ireland, the Northern Ireland Executive agreed that it was not necessary for the powers in the Act to extend to or apply in relation to Northern Ireland.

In this instrument, the Government have focused measures on encouraging the ongoing recovery in flight traffic while protecting connectivity to destinations where restrictions remain in place and minimising the risk of disruption at airports while the sector recovers. This includes retaining the 70:30 usage requirement, but the regulations also include a justified non-use provision, which provides alleviation for airlines flying in restricted markets.

For this winter, we have expanded the list of Covid-19 restrictions that airlines may use to justify not using slots if they severely reduce demand for the route or, indeed, its viability to include pre-departure testing requirements. Restrictions covered also include flight bans and quarantine or self-isolation requirements applied at either end of any particular route. As was the case for the summer 2022 season, this will apply whether or not the restrictions could reasonably have been foreseen to ensure that we are protecting carriers and markets with long-term restrictions in place.

There will be a three-week recovery period during which the justified non-use might still apply following the end of Covid-19 restrictions. We will also allow early application for justified non-use. By this, I mean where an official government announcement about the duration of restrictions gives rise to a reasonable expectation that they will still be in place on the date of operation of the slots. The carrier will then still be able to apply for justified non-use, otherwise it would have to reapply every three weeks. This allows earlier hand-back of slots so that other carriers can use them. It also removes some of the administrative burden.

In the winter 2021 season we allowed full series hand-back, whereby an airline could retain rights to a series of slots for the following year if it returned the series to the slot co-ordinator before the start of the season. For this winter season, we have included a more limited measure that allows the carriers to claim alleviation for up to 10% of their slots at any airport if they returned them to the slots co-ordinator for reallocation between 1 and 7 September this year.

All this is so that the aviation sector can plan its schedules and make sure that they are deliverable. We are currently considering whether further alleviation is likely to be justified and I will certainly listen very carefully to what noble Lords have to say. I beg to move.

[Baroness Randerson (LD)]

My Lords, I thank the Minister for her comments. Slot alleviation has become routine in the last couple of years. I have always accepted it as an important aspect of ensuring that we do not have unnecessary flights. “Half full” would be an overstatement; “almost empty” would be more accurate during Covid. However, I have got to the point where I question whether it is justified any longer in the current terms that the noble Baroness presents.

The Explanatory Note refers to an expansion of the list of reasons for slot alleviation, but that expansion is still in terms of Covid. Paragraph 7.2 of the Explanatory Memorandum refers to demand being at or around 80% to 85% of 2019 levels during May to July. Does the Minister now have access to figures for August and September?

The irony is that the reduction in demand over the summer was significantly affected by the cancellation of flights because airports instructed airlines not to fly, not because of Covid but because they did not have the ground-handling capacity. That happened at both Gatwick and Heathrow. The impact was, of course, to reduce the number of flights, but it also suppressed demand beyond those who thought that they had booked flights. I am sure we all know people who found that their flights were cancelled or deferred, and people who simply gave up trying to fly abroad as a result of the congestion at airports. There was suppressed demand over the summer, so the alleviation of slot rules could be said to be no longer appropriate for those reasons. It is time the Government reconsidered it, because it distorts the market.

Finally, I point out that there is no impact assessment for this. The grounds given for this are that it is for less than 12 months, but this has actually been going on for years, as the Minister pointed out in her explanation. I draw the Committee’s attention to the 12th report of the Secondary Legislation Scrutiny Committee, Losing Impact: Why the Government’s Impact Assessment System Is Failing Parliament and the Public. At this stage, now that we appear to be through the immediate emergencies of Covid, it is important that the Government restore the standards they once had in legislation, in terms of impact assessments.

Vehicles: Purchase Price and Running Costs

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 24th October 2022 Lords Chamber

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

My Lords, while the upfront purchase price for electric vehicles remains higher than for their petrol or diesel equivalents, in many cases these vehicles are cheaper to own and run. Generous tax incentives are in place, which, alongside fuel and maintenance savings, reduce the total cost of ownership.

[Baroness Randerson (LD)]

My Lords, the Fair Charge report highlighted the discrepancies in VAT for private and public EV charging. As energy prices rise, the discrepancy becomes even greater in real terms. There is a realistic danger that EVs will be seen as too expensive, although the Government, of course, get a greater income from tax as energy prices have risen. I realise it is difficult for the Minister to know what government policy is likely to be later this week, but will she undertake urgently to press whoever happens to be running the Treasury to reduce VAT on public charge points to 5%, in order to encourage EV take-up among all sections of society?

[Baroness Vere of Norbiton (Con)]

I am very happy to outline what government policy is. As the noble Baroness will know, and as is always the case when taxes are referred to, all taxes are kept under review. It should be stressed that the reduced VAT on domestic supply reduces bills for households by £5 billion a year. Most people do not charge their electric vehicles exclusively at public charge points. However, I accept that that discrepancy exists and, as I said, we keep taxes under review.

Seafarers’ Wages Bill [HL]

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 12th October 2022 Grand Committee

[Baroness Vere of Norbiton (Con)]

My Lords, I am again grateful to noble Lords for sharing their thoughts on this group of amendments. The thrust of the amendments in this group is very much around probing the scope of the Bill in terms of the services and ships to which it applies. As the noble Lord, Lord Tunnicliffe, noted, I will write. I do not think he was implying that my oral replies are not carefully thought through—maybe he was—but the letter will be perfect. Noble Lords should await further information in the letter, but I will try to cover as many points as I can.

I look at this borderline, grey-area conversation that noble Lords are having, and at the back of my mind I keep thinking, “What sort of an operator are you if you will go to a different port in order to drop your frequency down to be just under or over any particular target so that you don’t have to pay your seafarers the national minimum wage equivalent in UK waters?”

[Baroness Randerson (LD)]

P&O?

[Baroness Vere of Norbiton (Con)]

Well, because of that we will come on to why it is so important that the Bill refers to services rather than ships; otherwise, quite frankly, you could do that, and all sorts of very interesting things. I will try to go through some of the amendments and think carefully about how we make sure that we reassure operators and trade associations about what a service is. Indeed, there is a question about what a harbour is. The good thing is that we have a definition of a harbour, in the Harbours Act 1964 and the Harbours Act (Northern Ireland) 1970. That is what a harbour is, so I will put that one to bed.

--- Later in debate ---

[Baroness Vere of Norbiton (Con)]

Of course, the noble Lord has much more experience aboard such vessels than me, and I will take his word about some of the conditions on ships. Indeed, we heard during Covid how what happened on ships was very distressing for some people and extremely disappointing. I take all of that on board but I go back to: I cannot fix the entire world today but what I can fix is what is before the Committee in terms of the scope of this Bill.

The noble Lord, Lord Berkeley, mentioned specific types of services, such as coasters—which apparently take English clay around the coast, et cetera—and cruise ships. This is why it is so important to do this based on the service and its frequency rather than what it is actually providing. Coasters might be caught but if they are doing only domestic work they will be caught anyway because they are in UK waters and they are caught if it is port to port within the UK, but if they are doing a run frequently—say three times a week across to France—they will be caught, and I do not see why they should not be. I have no problem with that. Let us catch them. The people working on such vessels most likely have close ties to the UK and those vessels clearly have close ties to the UK because they dock here so frequently, so it does not matter where the ship is flagged or where the employment contract is. It is the fact that it spends a lot of its time in UK waters and enters UK ports on a very frequent basis. This frequency is important.

I note that two noble Lords have tabled amendments to go down to 52 occasions from 120. We looked at this very carefully during the consultation. My current view—and of course we are going to go away and consider this—is that 52 would catch too many vessels that we did not intend to catch and would be overreach in terms of the current settlement with the international shipping community. Again, we might be entering the sort of territory where the unintended consequences would be quite significant. I go back to the fact that this is a narrow Bill, it has a narrow scope, it does a very specific thing, and I would like it to do that specific thing on services which dock here 120 times a year.

Amendments 7 and 8 refer to this issue of “a harbour”, “the harbour” or “harbours”. We have established what “a harbour” is—so that is done—and we are very clear that the service is to a particular harbour. It is not to “a harbour” within the UK because Calais-Dover is not the same as a service running from Calais to any other harbour. The route is specified. It is the same route, not using the same ships, high frequency to a specific harbour. We think that is quite clear.

The noble Baroness, Lady Randerson, asked for a definition of “close ties”. I do not think I will ever be able to get to that but we have been able to define what a “service” is. Those services have close ties. It is descriptive language to define what these services are, but it is merely that. It is not something that will be legally defined and taken forward.

[Baroness Randerson (LD)]

Do I understand, then, that the Government are unable or unwilling to define “close ties”?

[Baroness Vere of Norbiton (Con)]

The Government are very willing to define what these services are and, by implication, those have close ties to the UK. I can probably come up with lots of other clever descriptors to define these sorts of services. A large container ship stopping at the UK once a month does not have close ties to the UK; it is an international container ship, shipping around wheat or whatever it might be shipping. We can think of some other language, but once we have nailed what the service is, where it goes, how frequently it goes and which ships it utilises, then we have defined it. That is it, we are done. That is the definition that works legally because it has hard boundaries and can be fairly well defined, I think.

I absolutely appreciate that Amendment 27 is a probing amendment. We intend to provide guidance to harbour authorities, and that guidance will be consulted on. We can define what the service is but we need to help harbour authorities to fully understand those definitions. We will consult with the industry to make sure that there is absolute clarity. I would not say that the guidance should be put on a statutory footing; that is not entirely necessary in this particular case.

I turn finally to Amendment 37. I have of course seen the DPRRC report. It was published only a few days ago so I beg your Lordships’ leave just to say that, at this stage, we are considering what is in it. We are taking it very seriously; I reassure the noble Lord, Lord Tunnicliffe, that we take all DPRRC reports very seriously. We will publish our response to it before Report so noble Lords will have the opportunity to peruse that. I have no doubt that we will be able to have further conversations about that.

Stockton to Darlington Railway Anniversary

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 11th October 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I will allow that it may involve some financial support.

[Baroness Randerson (LD)]

My Lords, I hope I can persuade the Minister to go further than that gentle reply. It appears that the Government funded the Unboxed festival—something visited by only around 250,000 people and designated a “festival of Brexit” by Jacob Rees-Mogg—to the tune of £126 million. I think that the festival we are talking about today will be a lot more popular and resonate a great deal more with the public. So can the Minister give us a clearer indication of the size of the Government’s intended financial support?

[Baroness Vere of Norbiton (Con)]

Unfortunately, I am unable to give a clearer indication of the size of any government financial support, principally because the plans are still in development. We know that Sir Peter Hendy is working some up, but of course there will be other plans coming through from DCMS and DfT. As those plans come together, of course the Government will consider financial support.

Motor Fuel (Composition and Content) (Amendment) (Northern Ireland) Regulations 2022

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 11th October 2022 Grand Committee

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

My Lords, these regulations relate to the introduction of E10 petrol in Northern Ireland. Regulations relating to the introduction of E10 petrol in Great Britain were considered and agreed to by your Lordships’ House in 2021, and I should note that this introduction has been successful, with no significant concerns raised.

E10 petrol contains up to 10% of renewable ethanol, double the amount blended into E5 petrol. Increasing the renewable ethanol content in standard grade petrol across the UK can reduce annual carbon dioxide emissions by 750,000 tonnes a year, helping us to meet our ambitious climate targets. The regulations’ purpose is to introduce E10 as standard petrol in Northern Ireland, while ensuring that the current E5 grade remains available for those who need it. This will bring petrol grades in Northern Ireland in line with those in Great Britain, where E10 was introduced in September 2021. We have completed the notification procedures required under the Northern Ireland protocol, meaning that an introduction in Northern Ireland is now possible.

E10 allows us to cut carbon emissions from cars, motorbikes and other petrol-powered equipment in use on our roads today. This is done by simply increasing the amount of renewable fuel blended into standard petrol. It is one of very few measures available to us which has an immediate impact. E10 is a proven fuel that has been successfully introduced in Great Britain and many nations around the world to deliver carbon savings. Following the introduction of E10 in Great Britain last year, these regulations ensure that consumers are provided with a consistent petrol grade across the UK. It is worth noting that the Republic of Ireland intends to introduce E10 in January 2023.

The UK has a valuable bioethanol industry, which has already benefited from the increased demand created by the introduction of E10 in Great Britain. Following our policy announcement to introduce E10 across the UK, one large facility operator announced that it would recommence production. The domestic bioethanol industry supports high-skilled jobs and improves our energy independence, delivering on a range of government priorities such as growth and energy security.

These production facilities also play an important role in their local economy, employing hundreds of skilled workers directly and supporting thousands of jobs in the wider community. That community includes the agricultural sector, with locally grown, low-grade feed wheat used to produce ethanol. Furthermore, valuable co-products of bioethanol, such as high-protein animal feed and stored carbon dioxide used by the food industry, reduce our reliance on imports, thus increasing our domestic resilience. It is vital to support these industries as we grow our economy and progress towards net zero by 2050.

Introducing E10 is part of a wider set of measures to encourage renewable fuels. Overall, renewable fuel blending is incentivised through the renewable transport fuel obligation, or RTFO, obligating larger fuel suppliers to supply renewable fuels. However, the RTFO does not prescribe how to meet low-carbon fuel supply targets, nor does it require specific fuel blends; it is market driven. It is therefore necessary to introduce the obligation to supply specific fuel blends to remove market barriers. This has been proven to be successful by the introduction of first E5 and then E10 petrol in the UK, as well as B7 diesel.

We have opted for introduction in Northern Ireland in November, as fuel suppliers and retailers have made it clear that an introduction at the same time as or shortly after the change from summer to winter fuel specification is the most efficient way to introduce E10 into the fuel system.

Over 95% of petrol-powered vehicles on the road are compatible with E10 petrol, and this figure is increasing all the time. All new cars manufactured since 2011 are compatible with E10 petrol, and most cars and motorcycles manufactured since the late 1990s are also approved by manufacturers to use E10. However, some older vehicles are not cleared to use E10. That is why this instrument includes provisions to keep the current E5 petrol, which contains up to 5% ethanol, available in high-octane “super” grade.

The same set of derogations and exceptions that apply to the supply of E5 and E10 in Great Britain in case of supply issues or infrastructure constraints will apply in Northern Ireland as well. This means that very small filling stations will be exempt from having to sell E10. Additionally, if supplying petrol with the required minimum ethanol content is not feasible for short periods of time, say due to factors such as technical or supply issues, the Secretary of State for Transport can grant refineries or blending facilities temporary derogations to ensure that fuel supply is not interrupted.

We have launched a comprehensive communications campaign involving local radio, roadside posters, social media and information at forecourts. This informs motorists in Northern Ireland of the changes that will be made to petrol this autumn—subject, of course, to the approval of this instrument—and directs vehicle owners to GOV.UK, where there is an online compatibility checker so that people can see whether their car is compatible.

In proposing this statutory instrument, my department has carefully considered a balance of interests, as we did when we introduced E10 petrol in Great Britain. I beg to move.

[Baroness Randerson (LD)]

My Lords, I thank the Minister for her excellent introduction. Obviously, we welcome this statutory instrument. However, I want to use this opportunity to register my concern at the continued lack of an Executive in Northern Ireland. That is an issue that goes well beyond this. The lack of the Executive serves the people of Northern Ireland very badly indeed, condemning them to the slow lane on so many important issues. There is an example in this SI of how they are disadvantaged.

Paragraph 12.6 of the Explanatory Memorandum makes clear that the “added complexity” of supplying 95 octane E5 grade fuel to Northern Ireland while the rest of the UK has moved on to E10 grade has, not surprisingly, meant additional costs to producers. It goes on to make it clear that producers have had to provide

“separate production processes and storage.”

Paragraph 12.3 says that the costs of this have

“already been passed on to motorists in Northern Ireland”,

even though they have not been enjoying the advantages of it. They are paying the price without getting the benefits. Happily, however, this SI brings Northern Ireland in line with the rest of the UK. Presumably the SI includes any useful lessons learned from the Great Britain implementation. Maybe the Minister could tell us whether any specific issues have been incorporated as a result of this.

I have a few questions. The Minister has answered the first one; I was going to refer to the tight timescale. I see that the Government have anticipated that and have launched their information and awareness-raising campaign. There are older vehicles that are incompatible, of course, and there will continue to be supplies of the old grade of fuel for this reason. Classic cars might be the main reason for that, but petrol is not used just for cars. Indeed, the SI refers to its use for equipment. I declare an interest as the owner of what might politely be described as a classic petrol lawnmower. Does the public information campaign cover equipment in general—not just lawnmowers but other equipment—and not just cars? Putting the wrong petrol in can be quite disastrous.

These regulations impose requirements on petrol filling stations to supply certain types of fuel. They impose additional responsibilities on those filling stations, so I use this opportunity to ask the Minister whether the Government will give urgent consideration to requiring them also to provide electric vehicle charging points. They are beginning to do so on certain rare occasions in Great Britain. The faster this happens, the greater we can all reap the environmental advantages of electric vehicles. EVs now encompass 16% of the new car market. Petrol stations are losing their market relatively fast and need to adapt. I think an imposition—with a timescale, of course—would be very useful in ensuring that we make the transition as soon as possible.

Paragraph 7.12 refers to fuel terminals still

“unable to blend … ethanol into their petrol”

and gives them at least two years’ exemption. I am concerned that these still exist. We have known for a long time that this change was coming, so I thought providers would have adapted by now. Can the Minister tell us what percentage of terminals this applies to? Is it just one or two? I notice that apparently there are none identified in Northern Ireland. Are we talking about a big section of the market in the UK, or just one or two outliers?

Finally, the documentation states that most petrol sold in Northern Ireland—which itself represents 3.5% of the total UK market—comes from suppliers who also supply the rest of the UK. I assume that some of the petrol sold in Northern Ireland comes over the border from the Republic, and I would be interested to know what percentage. Are the rules and regulations that now apply in the Republic identical to those being imposed on Northern Ireland, or is there some variation at some point? Obviously, this would have implications in terms of the protocol as well as a practical implication for motorists. Having put forward those questions, I am very pleased to see this measure before us.

Avanti West Coast

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 7th September 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I absolutely agree that there is considerable passenger outrage, and rightly so, but this is not an issue that can be solved quickly. It is a twofold problem. On the first level, there is a backlog of training due to Covid. Training simply had to stop during that time. To train a train driver takes two years, and rightly so, because it is a safety-critical environment; we need to make sure that our train drivers drive our trains safely. However, that means that there is a backlog in training which will take a while to resolve. With the slightly reduced number of services, that could be coped with. As I said in the Answer, this problem stems from the unprecedented, immediate and near-total cessation of drivers volunteering for rest-day working. Do I think that operators should need to rely on rest-day working? No, I do not. We should run a modern, seven-day railway, and I hope that the unions will agree.

[Baroness Randerson (LD)]

My Lords, only last week, funding for Transport for London was made dependent on it continuing to work to introduce driverless trains, so the Government are clearly content to make funding dependent on action. What conditions were imposed on Avanti and other train operators in relation to maintaining frequency of services? Is Avanti in contravention of that agreement? As the Government’s response makes clear, reliance on rest-day working is the norm across all operators. Clearly, this is no longer viable.

The Government are now directly in charge of all this. Let us hope that the new Secretary of State will agree to meet the unions and get involved, because the Government are directly responsible. Can the Minister tell us what initiatives and targets the Government are setting to ensure that all train operators recruit and train more drivers? In particular, what are they doing to increase the percentage of female drivers? Across the rail industry, the number of women train drivers is still far too low. There is absolutely no reason why a woman cannot drive a train.

[Baroness Vere of Norbiton (Con)]

My goodness, on that last point, I completely agree with the noble Baroness, although I have had a go in a simulator and was not very good at it.

I agree that recruitment of train drivers is essential. The average age of a train driver is 51. The average retirement age of a train driver is 59. We must get some youngsters and a more diverse group of people into driving trains, because that is the future of a modern railway service that operates purely and solely for the benefit of passengers and freight, which we are very much focused on.

Turning to how we hold the train operating companies to account, I am sure that all noble Lords will have read the ERMAs, which are published. In those agreements are the criteria that we set out for the train operating companies to meet various standards in order for them to receive any performance fees. The noble Lord mentioned a performance fee of some £4 million. That relates to a period donkey’s years ago, way before the period that we are talking about. For example, in the period from September 2020 to March 2021, Avanti received no fee at all for customer experience.

HS2: Speed Restrictions

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 13th July 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

The noble Lord has managed to combine many elements into one thing. I can reassure him that the RNEP document will be published shortly, which will reassure him about the Government’s commitment to investing in our railways.

[Baroness Randerson (LD)]

My Lords, in November, the Government decided to terminate the eastern leg of HS2 in the Midlands rather than at Leeds, as originally promised. When they were criticised for abandoning their policy on the grounds that it would affect levelling up, the Government promised £100 million to look at alternative ways to run HS2 trains to Leeds. However, eight months on, absolutely nothing has happened in terms of even scoping this study. Is this yet another broken promise from this Government to the people of northern England?

[Baroness Vere of Norbiton (Con)]

Not at all. Work is of course well under way within the department as to how best to use the £100 million that we have set out to look at the options on the route to Leeds and to finally make some progress on a mass transit system for Leeds. However, one of the key things about the Government’s decision for our plans for high-speed rail in the future is to make sure that we get as close to city centres as possible. In the older plans, it was far too often the case that the train never got anywhere close to the city centre but now places such as Derby and Nottingham will benefit.

Legislative Reform (Provision of Information etc. Relating to Disabilities) Order 2022

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 12th July 2022 Grand Committee

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

My Lords, this is a short but important order that amends Section 94 of the Road Traffic Act 1988. It will allow a wider group of healthcare professionals to provide the important medical information that the Driver and Vehicle Licensing Agency needs to assess whether someone can meet the appropriate health standards for driving. This will reduce a burden that currently rests only with doctors.

This change will directly support the Department of Health and Social Care’s agenda to reduce bureaucracy in general practice. The Government recognise that we should be using the skills and expertise of other healthcare professionals, where appropriate. This in turn frees up time for doctors to focus on patient care.

The measure meets the tests set out in the Legislative and Regulatory Reform Act 2006 and has been approved by the Delegated Powers and Regulatory Reform Committee of your Lordships’ House, and the Business, Energy and Industrial Strategy Committee in the other place, as being appropriate for a legislative reform order with the affirmative procedure.

I will give a bit of background. The DVLA is responsible for deciding whether a driving licence holder or applicant meets the appropriate health standards for driving in Great Britain. The DVLA does this by assessing information about the individual’s health against medical criteria. This order does not change the DVLA’s responsibility for making driver licensing decisions.

All drivers and licence applicants have a legal obligation to notify the DVLA of a medical condition that may affect safe driving. In some cases, the DVLA can make a decision with the information provided by the driver. However, in many cases, additional information is required. By far the largest source of medical information is gathered from questionnaires that are completed by doctors from information held on the driver’s medical records. This service is provided outside NHS contracts; it is private work for which the DVLA pays doctors a standard fee.

Currently, the Road Traffic Act requires a driver to authorise a doctor who has previously given medical advice to them to provide information to the DVLA. In practical terms, this means that the DVLA can accept medical questionnaires only from a doctor. This is an unnecessary burden in this day and age, because not only doctors but many other qualified healthcare professionals are able to provide this information. Between 2016 and 2021, an average of 267,080 questionnaires were completed each year by doctors. It is estimated that each questionnaire takes 20 minutes, so I am sure noble Lords can appreciate that a substantial amount of time is taken up by those tasks.

I turn to the content of the order before your Lordships today. The current law was made in 1988 and does not really reflect current clinical practices. Often healthcare professionals other than a doctor may be primarily responsible for managing certain medical conditions. The term “registered healthcare professional” is used to describe a range of clinicians, including doctors and nurses. Changing the wording of the legislation from “registered medical practitioner” to “registered healthcare professional” will ensure that information can be provided directly by the most appropriate person.

The DVLA will take a phased approach and will initially ask for details of the driver’s doctor. The DVLA will write to the driver’s doctor, who will be able to pass the questionnaire to another healthcare professional for completion if they wish to do so. However, this change means that longer term, when a driver knows that their care is provided mainly by another healthcare professional, the driver will be able to authorise that healthcare professional to provide the information required by the DVLA. This will allow questionnaires to be sent directly to other healthcare professionals and will remove the need to include a doctor in the administration of the questionnaire. Before the DVLA begins to send questionnaires directly to other healthcare professionals, the department will write to the BEIS Committee with a review of the new process. This will provide reassurance to the committee that there are sufficient safeguards in place.

We have heard some concerns that healthcare professionals other than doctors may not have the knowledge to complete the DVLA’s medical questionnaires, but we are content that that is not the case. The DVLA recognises that a person’s medical history can be complex, but in many cases healthcare professionals other than doctors will be more than capable of providing the information needed. It is important to recognise that in this day and age many healthcare professionals are specialist practitioners—for example, diabetes nurse practitioners. Although some may feel that the GP’s overview of health is important, it should be noted that the DVLA’s questionnaire is about a specific medical condition and not about the person’s general health. It is about one condition and whether that may affect their driving. If that person has several conditions, there will be several questionnaires that will investigate whether that person is able to continue driving. The request is for the information, and then the DVLA makes that decision.

The order also removes the necessity for the person authorised to have personally given medical advice to the driver. This will address situations where the named doctor no longer has access to the information required, because the advice and attention was from many years ago, or the doctor has retired or moved to a different practice. We will amend the law to remove that requirement.

The DVLA consulted on this proposal. There were 411 responses to the consultation from the public, medical and healthcare professionals, and road safety groups. Almost 82% of those 411 people or groups who responded agreed with the proposal.

The aim of this measure is to update an outdated piece of legislation that does not reflect the way modern healthcare works today. We also see that it relieves a burden on doctors, which is why we have been able to use the legislative reform order route. Those doctors will be able to spend more time on patient care.

As I have noted, the measure will allow the most appropriate healthcare professional to provide the information, but I reiterate that it remains up to the DVLA and its doctors and medical experts, who will review that information, to make a decision about a driving licence application. I beg to move.

[Baroness Randerson (LD)]

I thank the Minister for her very clear explanation. This seems a sensible streamlining of the legislation in accordance with the modernisation of clinical practice. It is welcome, because there are stories of drivers having to wait for excessively long periods for GPs to give their signature and hence their permission. That delay is undoubtedly largely because of the grave and worsening shortage of GPs in Britain. It is therefore really important that we use them in the most effective way.

I was pleased to see that the widespread response to the public consultation was overwhelmingly positive, and that the Secondary Legislation Scrutiny Committee agreed that the appropriate processes had been followed. However, I have two short questions for the Minister. First, what checks are there to ensure there are no abuses of this system? What will be done to review it? Whenever you introduce a new system, you need to look at it in the light of experience in case there is a weakness. Some respondents were concerned not just about abuse of the system but about the level of qualification of some of those healthcare professionals. That might be totally unjustified, but it is important that the review takes place.

Secondly, the DLVA is UK-wide, but healthcare is devolved. There are different approaches to the use of certain healthcare professionals across the nations of Britain. There are some areas where GPs are relied on more than in others, and the breadth of healthcare professionals used is greater in some nations. What consultation was there with the devolved Administrations about this to ensure that the legislation matches their approach to the use of a broader spectrum of healthcare professionals in the system?

West Coast Main Line

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 4th July 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I do indeed recall an almost identical Question on 27 April. It is a pleasure to be answering it again. Avanti West Coast achieved one out of three, not one of five, which I agree is still terrible—it was at the bottom—but the Government hold it and all other train operators to account via the contracts. Avanti West Coast is still on an ERMA and, as the noble Lord pointed out, we are looking at potentially moving it and allied organisations on to a national rail contract within the third tranche of the national rail contracts. Will it definitely happen in October? That is not certain at all. We will look at its performance. We will think about the other options that we might consider in terms of incorporating HS2, for example, and being the shadow operator of HS2. Nothing is certain at this stage.

[Baroness Randerson (LD)]

My Lords, there are reports that Avanti West Coast has withdrawn the 0745 Stoke-on-Trent to Manchester Piccadilly service, a vital commuter service. It has been withdrawn until September, apparently due to staff shortages. This is clearly not acceptable, as it was done without any notice. What are the obligations for train operating companies to give due notice and to undertake public consultation prior to withdrawing train services that they are contractually committed to provide? There is an issue here in relation to season ticket holders. Will they be given full refunds? What penalties will Avanti West Coast suffer if it has not obeyed the rules that are attached to its obligations?

[Baroness Vere of Norbiton (Con)]

My Lords, I am grateful to the noble Baroness for the warning about the 0745 Stoke-on-Trent to Manchester but, as she pointed out, the removal of that service is temporary. It will be reinstated. Noble Lords will be aware that there has been a significant uptick in the number of cases of Covid recently, leading to short-term staff unavailability. That has had a knock-on impact on training for new staff coming in to support these services. Avanti West Coast is working very hard to minimise the impact on passengers. All cancellations are regrettable. Often these circumstances are quite fast-moving, and changes are temporary, so traditional consultation does not usually happen. However, usually the train operating companies will work with the local markets and with key stakeholders to understand any impact.

Airports: Delays

Debate between Baroness Vere of Norbiton and Baroness Randerson

Thursday 30th June 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I am not entirely sure that I follow my noble friend’s question. We are taking all sorts of actions, as set out in the 22 measures that the Government announced today. That is from working with the ground handlers, where there is an issue with people getting their suitcases, to working with the airports to ensure they are able to cope with the number of flights arriving, and the airlines to ensure that their service is as good as possible and that they can meet their schedules, not cancel flights at short notice.

[Baroness Randerson (LD)]

My Lords, do the 20-plus measures that the Minister referred to include additional staff for the Border Force, to make sure that it always has the capacity to deal with the additional security requirements that the Minister referred to in her Written Answers to me, which require the staff to take additional measures and time? Will there always be efficiency and sufficiency of staff for the Border Force?

Rail Dispute: Michael Ford QC

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 29th June 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I was not immediately aware of that, but it highlights what I have said also about the firefighters and the postal workers. It is normal for the employer to negotiate with the union. The Government should not be sitting at the table, and the RMT boss does not want us there.

[Baroness Randerson (LD)]

My Lords, without signals, the trains cannot run, and it takes over a year to train a signaller. Does the Minister accept that it is therefore an empty threat, and one designed to raise the temperature of the situation, when the Government say they are going to legislate to allow agency workers to take over railway jobs? It will not allow the railways to run unless there are signallers available.

[Baroness Vere of Norbiton (Con)]

As I have already said, there would be no question of the Government or the industry putting anybody who was not fully trained into a role at short notice. It is simply not going to happen.

On the question of signalling, noble Lords may have noticed that the Government have just announced at £1 billion investment in digital signalling for the east coast main line—I just wanted to highlight some positive news.

Goods Vehicles (Licensing of Operators) (Amendment) (No. 2) Regulations 2022

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 15th June 2022 Grand Committee

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

My Lords, on 9 March 2022, your Lordships’ House debated the Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022, which govern the goods vehicle operator licensing regimes in both Great Britain and Northern Ireland. The regulations came into effect on 17 March. During the debate on 9 March, I explained that an error in transcribing our policy intent into legislation would mean that a second debate might be necessary on an instrument to make the necessary correction. This is that debate.

First, I would of course like to apologise to noble Lords for taking up valuable parliamentary time with this correction to a previously laid and debated instrument. The reason for the correcting instrument is that the original instrument went beyond the policy intentions. The intent was that the regulations should apply only to the operation of goods vehicles. However, one provision unintentionally also applied to the operation of passenger vehicles; in doing so, it disrupted the Public Passenger Vehicles Act 1981, which has made the regulation of passenger vehicles slightly more complicated. While the traffic commissioners have been able to continue their important work, this added complication is not tenable in the long term. The Committee will know how disappointed I am that an error has occurred, and I assure all noble Lords that the causes are being addressed within the department, as a wider review into SI processes is now under way.

To touch in a bit more detail on the real-world consequences of what has happened, the error in question was in Regulation 7 of the original instrument. In being drafted as it was, Regulation 7 incorrectly applied certain provisions to road passenger transport operations. The effect of the error, applying these provisions to all transport managers of certain road goods vehicle operations and road passenger transport operations, was not the original policy intention.

Essentially, the effect of the gap was that the regulators, which in Great Britain are the traffic commissioners, have used other options. They are using case law rather than legislation to minimise the gap, but of course we think that legislation should be put in place. We had originally hoped to lay this as a negative instrument. Indeed, we did so, but it was upgraded by the sifting committee, which is why noble Lords are having the debate today.

I turn to the practical effect of whom this impacts. It relates to those transport managers within the public service vehicles jurisdiction, either those already on licences who are subject to regulatory intervention—because they have not done something correctly—or those who seek to be nominated as transport managers. Looking back at the numbers in previous years, for example, in 2019-20, around 19 transport managers would have been affected by such actions, so it is not a great number. The traffic commissioners have been able to cope and have taken particular care in communicating their decisions during this quite short gap period of just over three months. Their hard work is very much appreciated, so I commend these regulations to the Committee.

[Baroness Randerson (LD)]

My Lords, I thank the Minister. I had a sense of déjà vu when I saw this instrument on the list for today. To be honest, it is tedious enough that we have to go through the vast list of SIs as part of the replication of EU regulatory structure without having to deal with errors, although it is not surprising that there are errors. One can hardly process the amount of legislation that we have been dealing with for the last couple of years without the occasional error creeping in. I was horrified today to read that Jacob Rees-Mogg has a plan for us to go through all 2,000-plus pieces of EU legislation within the next two years to re-examine them.

May I cut to the core of the issue? The Minister has explained that road transport operators were mistakenly included in the original SI alongside goods operators. One of my questions was going to be about the impact on the traffic commissioners’ powers, but the Minister has explained that. She has also explained clearly the number of cases involved.

My other question is, to go back to the original SI, why are passenger vehicle operators excluded? Why do they not need transport managers in the way that goods vehicles and their fleets need them? Is there separate legislation that covers passenger transport operators or is it that, for some reason, they are not regarded as in need of managers in the same way? Other than that, I am delighted to see that this error has now been corrected and it should, I hope, be fully operational and effective.

[Lord Tunnicliffe (Lab)]

My Lords, I welcome the introduction of this SI to amend the errors in the previous regulations approved by this House in March. As the logistics sector experiences an unnecessarily difficult time, it is disappointing that even the initial piece of secondary legislation has problems. There is an important point here in that the Government previously claimed errors in the initial drafting would be rectified through the negative procedure, which clearly has not been the case.

Three months later, the House is finally to approve a technical instrument to right the wrongs of the previous legislation. I hope this will bring this specific matter to a close, though unfortunately it will not solve the chaos that is still plaguing British business. Weeks away from the summer holidays, the Government must bring forward a plan to fix the crisis and bring much-needed certainty.

Motor Vehicles (International Circulation) (Amendment) Order 2022

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 13th June 2022 Grand Committee

[Baroness Vere of Norbiton (Con)]

My Lords, that was relatively brief and moderately pain-free, but I will certainly answer as many questions as I can—and will write, as I can spot at least two I am feeling a little bit dubious about.

I think it is worth scooping up comments made by the noble Baroness, Lady Randerson, and the noble Lord, Lord Tunnicliffe, about what the timelines for this look like, how we ended up where we are now, why it was not done earlier, et cetera. Eighteen months ago, when we finally left the EU, there were all sorts of other things going on. There were not that many tours going on at the time, but we were aware that there was this potential issue with specialist events hauliers. As noble Lords may be aware, we explicitly requested bespoke arrangements for this sector when we were discussing the TCA, but the EU rejected those proposals so we have had to develop from there. It is the case that we went back and 100% checked with the EU whether it was absolutely sure that it could not think of some way for it to proceed. DfT officials raised that matter at the specialised committee on road transport in November 2021, noting that this sector had been disproportionately affected by the TCA and that this would have knock-on effects on artists affecting future cultural exchange for both sides.

We did not get far on that—I am not going to lie—and therefore realised that we would have to speak to the sector, as we would normally do in these circumstances, to understand exactly how we could help it. We did the consultation in February 2022. I cannot remember exactly how many people responded; I think it was something like 28. It was not a huge number, reflecting the relative size of the sector, which is not massive. After the consultation closed, we had to analyse the responses and shape the final policy position because, as I noted in my opening remarks, this does not help everybody and we wanted to make sure that we could help as quickly as possible. That is a very long-winded way of saying—the noble Lord, Lord Tunnicliffe, looked at his watch there—that the earliest we can get this into force is in August 2022.

However, I have positive news because we have done an interim measure. It is an exceptional administrative process which basically allows what we are proposing in the statutory instrument to happen now. That means that we have managed to safeguard the process over this summer. If differs from dual registration in that no legislative changes are required and it is instead implemented through an administrative arrangement with the Office of the Traffic Commissioner, but we recognise that that is quite temporary and we do not want to continue that arrangement without a firm legal footing. That is where we are with that.

The noble Baroness, Lady Randerson, asked why six months, and I am afraid I do not have the answer. I think there is a broader issue about vehicles coming into the UK in general, in that they can come in for six months before something has to happen. I will write to the noble Baroness because I do not think that is a good enough answer.

The noble Baroness raised an important point about merchandise, which I thought was very interesting. However, the goal of what we are trying to do today is to focus on certain specialised vehicles. The reason we have this problem is that you load your cultural objects or your things relating to your event into your truck, which itself is specialised for transporting specialised equipment. That is why we are very clear that that equipment must not be amended, altered or sold, otherwise it becomes something entirely different. When it comes to merchandise, you do not need a specialist truck to transport CDs, brochures or whatever; they can be transported by any good courier company. I shall see whether I can find anything more about that. The whole point of this order is to focus on these trucks, which are simply not available to meet the needs of the artist or whoever across the EU, and you would not want to change them.

[Baroness Randerson (LD)]

I am grateful to the Minister for giving way. My point is that if you are transporting an orchestra, you have specially adapted pantechnicons full of specialised equipment and instruments—you shove a few boxes of programmes and merchandise in the bottom as you go. Because they would have to send them separately, orchestras will print their programmes in Europe rather than printing them in the UK and taking them, and they will print their t-shirts in Europe rather than in the UK. We are losing business that way. I am making what I think is a simple point: something that is clearly ancillary to the main purpose of the truck should be allowed.

Electric Vehicles: Supporting Access

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 6th June 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

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

[Baroness Randerson (LD)]

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

[Baroness Vere of Norbiton (Con)]

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

P&O Ferries

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 29th March 2022 Lords Chamber

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

My Lords, the Government share the outrage expressed by the noble Lord at the behaviour of DP World and P&O Ferries. When they are developed and ready, which I expect to be shortly, we will update the House on a package of measures to ensure that P&O Ferries cannot see through its plans. We will address the immediate challenges faced by those affected and include measures to strengthen legal protections, including coverage of the national minimum wage.

[Baroness Randerson (LD)]

My Lords, in 2020, when the Government announced that UK seafarers would be entitled to the minimum wage, they made the exception of ships exercising innocent passage and transit passage through UK waters. P&O Ferries is not the only company doing that. Can the Minister explain why the exception was made? Can she tell us whether the Government are aware of any other ferry companies operating in that way which are seeking to exploit this loophole on pay? Can the Government confirm that they will not repeat the PR disaster that P&O Ferries has made by continuing to work with the company on its freeport programme or any other government-based project?

[Baroness Vere of Norbiton (Con)]

I can reassure the noble Baroness that we are looking at all relationships that the Government have with DP World and with P&O Ferries. We will develop our thinking on that as more information comes forward. We are in conversation with the unions and other operators as part of an ongoing, constructive dialogue about the package of measures which will be announced shortly. I reassure the noble Baroness that we are able to provide greater employment rights to seafarers operating in UK waters than to those operating on international services, where the rights are different and come under different law.

Payments to Train Operating Companies

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 15th March 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

Safety is, of course, the priority for everybody who works in the railways, and the tragedy at Stonehaven is deeply regrettable. The Government have no intention of diminishing the work we do on safety and maintenance—it is extremely important—but we must look for efficiencies within the system, because we have seen this significant reduction in demand, we must make sure that we protect the taxpayers’ investment, and that is what we are doing.

[Baroness Randerson (LD)]

My Lords, as other noble Lords have mentioned, the 3.8% increase in rail fares simply adds to the financial pressure on families at this difficult time. Does the Minister accept that, now that the Government have ended the franchise system, with revenue from fares going straight to the Treasury, it is entirely in the Government’s hands what policy they choose to use in future to attract passengers back on to the railways? Does she accept that, for environmental reasons, it is essential that lower fares are used to attract passengers?

[Baroness Vere of Norbiton (Con)]

Of course we would like to keep fares as low as possible, but we also need to support crucial investment and pave the way for financial sustainability for the system as a whole. When we took the decision on regulated fares, we looked at inflation and chose to peg it to July’s RPI, which resulted in an increase of 3.8%. Of course, it could have been much higher had we used an RPI from a later month. We also delayed the introduction of the increase by two months, which was particularly beneficial for those buying annual season tickets. There are other ways we can encourage people back to the trains, and we are doing as much as we can, working with the train operators. For example, the Book with Confidence intervention was extended to 31 March. That allows customers to rebook their tickets if they are unable to travel, without administration fees.

Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 9th March 2022 Grand Committee

[Baroness Vere of Norbiton (Con)]

My Lords, as ever, I thank the noble Lord, Lord Rosser, and the noble Baroness, Lady Randerson, for their contributions to this DfT SI. Once again, I express my regret that an error has occurred; as the noble Lord, Lord Rosser, pointed out, the department is very aware of recent errors. This SI was drafted long before the reform programme within the department was under way, and I shall do my absolute best to ensure that errors do not happen again in future.

I shall briefly cover some of the questions raised. My noble friend Lady McIntosh wanted reassurance that the flows of traffic would be maintained. Indeed, this is precisely what we are doing here—making sure that measures in the EU are reciprocated in the UK, so that there is a level playing field and international traffic can continue as we would expect.

The noble Lord, Lord Rosser, made quite a significant point about this being linked to the TCA, and the noble Baroness, Lady Randerson, said that it was the minimum required—doing what was set out in the TCA. The noble Lord asked whether we felt obliged to do only what is in the TCA. At this moment in time, to be honest, that is absolutely right. Standing here as a Transport Minister, I would not want to put this additional burden on the domestic industry knowing what is going on in the logistics sector, so we are in a situation whereby we are doing what we are required to do in the TCA to maintain the flow of international traffic. I am not considering extending this domestically; I do not think that the logistics sector needs it right now.

The noble Lord, Lord Rosser, said that some of the organisations which responded to the consultation wanted it. Some of them did indeed: a handful. I also note that there are 4,200 operators which operate internationally and of course many tens of thousands more which operate just domestically. I am not entirely sure that that is a representative sample of people who would want this sort of regulation extended domestically at what is a challenging time for our nation.

The noble Baroness, Lady Randerson, mentioned Northern Ireland. She is right that operators in Northern Ireland will need to be licensed. We have had many conversations with Ministers and their officials in the Department for Infrastructure in Northern Ireland and they have an entire communications strategy setting out how to make sure that their operators are fully aware of the requirement. However, the major courier companies in Northern Ireland and the Republic of Ireland tend to have separate distribution networks within each particular area. Therefore, parcels tend to be moved in bulk through the land border and then more localised distribution networks are used. But it is the case that anybody going across the border in Northern Ireland would need to have one of these new licences.

The noble Baroness, Lady Randerson, then talked about it being a much more complex situation and could people cope, et cetera. I do not see that as an issue because these international journeys are happening already and transport managers already exist. What we are doing is potentially formalising the role of those transport managers that already exist in the system. What is our alternative here? We could have done nothing and that would have stopped all the international journeys, which I am fairly sure no noble Lord would want to see happening.

I think we have reached the right balance here. I accept that transport managers who have many years of experience will now need to take their certificate of professional competence. That will be a cost, probably, to their business. The noble Lord, Lord Rosser, asked how much it costs. It depends on the sort of training one does: it can be online, materials or face to face. For an HGV transport manager, it goes up to about £1,300. We would have thought for LGVs it would be lower than that but, of course, this is an industry that will grow and develop as these transport manager qualifications come on stream. It is something that we will keep an eye on, but it is a one-off cost to train somebody in some skills to get a licence. It will be a burden on business, but not an insurmountable one, I think. The lack of qualified or potentially qualified people is not something that has been particularly raised by industry. I think the cost is a greater concern because people see that there is a cost of having the licences.

The noble Baroness asked how we are going to communicate with the industry. I have quite a lot of information about that because we have done a lot. We started communicating about this to make sure that we hit both the large and the smaller operators back in August last year. We have had advertising campaigns on Facebook, Instagram, Twitter and government channels—DVSA Direct has been doing industry updates—and obviously GOV.UK has set out exactly what is required. We employed a commercial agency and worked with partners such as Biffa, John Hudson Trailers and DAF Trucks and Moto, Roadchef and Welcome Break motorway services. I think they know. We have done everything we possibly can to make sure that people who operate LGVs internationally know that they will need a transport manager if they have a single journey or more.

Traffic commissioners are already well versed in the provision of licences, the maintenance of the fit and proper test, and taking to tribunal or equivalent those people who do not meet the fit and proper test. I am content that they are appropriately resourced to ensure not only that the licences can be issued in a timely fashion but that the licensees are fit and proper and are held to account if they are not. However, should it not be the case that licences are issued in time, we are looking at providing interim licences at a cost of £68, which will tide over whatever bow wave of applications comes through. I believe we have the right arrangements in place, but I would not want any operator to be held up because it does not have a licence, whether an interim licence or a full licence.

The noble Lord, Lord Rosser, mentioned environmental issues and of course we take them seriously, but we will look at them on their merits and at the right time. As I said, they will probably not be at the top of my inbox right now, but we are considering all manner of environmental interventions on vehicle standards. There will be more on that in due course.

One reason why there is no urgency to extend these regulations to LGVs domestically is that from an economic perspective it would not be brilliant, but another is because HGVs need a firm operating licensing system because the vehicles are far more dangerous. They have strict maintenance regimes. It is essential that those vehicles are in tip-top condition and are kept by fit and proper people. The LGV system is slightly lighter-touch in that, for example, the level of financial standing an operator must have is less than for HGVs. The system is slightly different from that for HGVs.

This is my last point, I promise. The noble Lord, Lord Rosser, said something about the SI not being in force and asked how many applications we have had so far. If he does not mind, I shall go back to Hansard to try to understand the point a bit better and will write. In the meantime, I commend these regulations to the Committee.

[Baroness Randerson (LD)]

One of the environmental aspects that are being disapplied by these regulations is the requirement to have an appropriate place to park vehicles. The Government have made great play in recent months of the importance of having good facilities for lorry drivers. Does the same argument not apply to the drivers of these vehicles, who might be part of the same workforce? Is this not cutting across the Government’s declared policy on improving conditions for drivers?

[Baroness Vere of Norbiton (Con)]

The noble Baroness is covering a point that I deleted from my briefing, sadly, because I did not think it would come up, and therefore it is not at the top of my mind. There are two issues here. One is where the vehicles are parked overnight in storage by the operator and the other is where they are parked when they are on the road and making journeys. I will write to the noble Baroness with more details on that because unfortunately I do not have them to hand.

Motion agreed.

Bus Improvement Plans

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 8th March 2022 Lords Chamber

[Baroness Randerson]

To ask Her Majesty’s Government what assessment they have made of the adequacy of the funding available for Bus Improvement Plans.

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

My Lords, our national bus strategy asks that all English local transport authorities outside London publish bus service improvement plans—BSIPs—setting out local visions for the step change in bus service that is needed, driven by what passengers and would-be passengers want. At the Budget, we announced £1.2 billion of new dedicated funding for BSIPs, part of over £3 billion of new spend on buses over this Parliament.

[Baroness Randerson (LD)]

My Lords, of course, the amount of money already announced is welcome, but there is a yawning gap before we get to the £3 billion the Government announced. Applications for funding from local authorities have so far, I believe, totalled £7 billion. Is that more or less the correct figure? If it is, can she tell us exactly how the money was allocated for the first tranche of funding and what criteria it was based on, and reassure us that the process was fully objective? Can she also tell us when the money will be announced for the rest of the promised funding? As it is International Women’s Day, I bring the House’s attention to the fact that women are overly and disproportionately dependent on bus travel. It is very important that the Government support public transport at this time.

[Baroness Vere of Norbiton (Con)]

I am trying to piece that all together. I think that what the noble Baroness refers to as the first wave is perhaps the places we mentioned in the levelling up White Paper. Those were just indications of the places we believed had strong enough BSIPs to merit investment allocation; further places for investment are still under consideration. We have been working very hard on reviewing and understanding the plans we have received. I have to be honest: some are absolutely excellent, and others need a bit of work. We are now approaching the stage where the Minister will make the spending decision, and we anticipate that the places announced in the levelling up White Paper will be included, as will many other places.

Bus Services: Covid-19 Emergency Funding

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 1st March 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My noble friend raises a very important point which is at the front of the mind of the department: how do we make the best use of technology? It is not necessarily for the Government to step in and develop the technology themselves. However, there are different ways that we see various app providers being able to integrate with multiple transport modes. What we can do is provide them with the data they need for their apps. This is why, a couple of years ago, we launched the bus open data service which puts information out there in an open fashion concerning, for example, routes, live locations of buses, and fares and ticketing systems—the latter can sometimes be very complicated. We hope to simplify that, and we think that the apps can help.

[Baroness Randerson (LD)]

My Lords, today’s announcement is welcome. However, it would have been even more welcome a few weeks ago because the bus industry desperately needs to be able to plan ahead. Does the Minister accept that the industry faces a perfect storm of declining passenger numbers, rising costs and driver shortages? Uncertainty over government funding was an unnecessary additional factor in that. The industry says that it needs over £600 million in order to recover from the Covid situation before we look at the Bus Back Better plans. Does the Minister recognise that this figure is needed?

E-scooters

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 8th February 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

The noble Lord is most likely right that the PSNI does not hold data. Indeed, it is the case that police forces in England do not currently hold data relating specifically to offences by riders of e-scooters because they fall under the category of motor vehicles, and that data is therefore within that. At the moment the Home Office has no plans to introduce a requirement for forces to collect information, but, as the noble Lord set out, it is absolutely key that local police forces develop good action plans for enforcement, following the guidance that will be coming out from the National Police Chiefs’ Council.

[Baroness Randerson (LD)]

My Lords, last year, there were 931 casualties of e-scooter accidents— 200 of those were non-riders—and there were three fatalities, yet there is absolutely no reference to e-scooters in the new Highway Code. Does this make the Government derelict in their duty to protect both riders and those who inadvertently cross their path? Does the Minister realise that, by tarrying so long on this, the Government are not leading but lagging behind the rest of the world?

[Baroness Vere of Norbiton (Con)]

I am not sure I agree that the Government are “tarrying so long”. It is really important that we get the correct balance between the enormous benefits that e-scooters can bring and safety on our roads. The noble Baroness is right to highlight some very serious safety concerns that have arisen. We are gathering the data, and we appreciate data that is coming into the department from all sorts of places and that we can subsequently analyse. But, as I said, e-scooters are not currently allowed on the roads, except in trial areas. It could become impossible to get a good legislative framework together, so, for the time being, within the trials, the e-scooter riders must comply with the rules, obviously, and take part in the training offered.

Railway Stations: Facilities

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 1st February 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My noble friend is absolutely right, and that is exactly what we are putting in place: inspection of lavatories and, indeed, many other facilities. We need monitoring as part of the service quality regime. We will use independent auditors, who will check stations and trains in each rail reporting period. They will look at the availability and presentation of key facilities, cleanliness, information provision, ticketing staff—all sorts of things. That will lead to an uplift in the services.

[Baroness Randerson (LD)]

My Lords, sight loss is another form of disability. The RAIB report on the tragic accident at Eden Park underlined the urgent need for all platforms to have tactile paving. The Government’s stock Answer to Written Questions on this tells us that 60% of stations have tactile surfaces, but we know that in many cases that coverage is only partial within each station. Can the Minister tell us what percentage of stations have full coverage on all platforms? What is the Government’s target date for completing this work? How much will it cost?

[Baroness Vere of Norbiton (Con)]

Unfortunately, I do not have the figures to hand. As the noble Baroness points out, 60% of stations currently have tactile paving and we are very keen to move that to 100%. One of the key elements of The Williams-Shapps Plan for Rail is a national accessibility audit that will look at every single station across the network. It will have a detailed look at the facilities and the standards to ensure that everywhere is accessible.

Draft Revision of the Highway Code

Debate between Baroness Vere of Norbiton and Baroness Randerson

Thursday 27th January 2022 Lords Chamber

[Baroness Randerson (LD)]

Before the noble Baroness sits down I ask that, in the letters she will undoubtedly write to us, she will address my very specific questions about budgets for publicity and for the police and local authorities to spread the word on this. Can she also clarify when the new information will have to be known by people taking the driving test written examination?

[Baroness Vere of Norbiton (Con)]

I will.

Electric Vehicle Charge Points

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 26th January 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I do not quite accept that the system is chaotic. It is definitely growing and it is incredibly innovative, but that is why the Government consulted on things such as opening up public charge point data; improving the reliability about which the noble Lord speaks; streamlining payment methods, which is incredibly important; and increasing price transparency, so that people know how much they are going to be charged. We will publish the response to this consultation very soon, and we will lay legislation this year.

[Baroness Randerson (LD)]

My Lords, only last Saturday, I was standing in a car park trying to download yet another app, only to discover that the EV charger was not working—again. Achieving net zero requires all drivers to switch to EVs, not just those of us with space to install our own charging points. SMMT figures show that only one new public charger is being installed for every 52 new electric vehicles registered, and that ratio has been getting worse. What urgent plans do the Government have to improve this record and to ensure that charge points are properly maintained and accessible with an ordinary credit or debit card?

[Baroness Vere of Norbiton (Con)]

I will not repeat what I have said about the consultation. Certainly, payment and reliability will all be parts of our response to that. The noble Baroness will know that 80% of charging happens at home; the Government are therefore supporting people to put in their own chargers at home where they are able to. For those who are unable to, we are very much focused on on-street charging near homes and offices, and we are providing funding for that to happen.

Railway Timetables: Disruption

Debate between Baroness Vere of Norbiton and Baroness Randerson

Thursday 13th January 2022 Lords Chamber

[Baroness Randerson]

To ask Her Majesty’s Government what steps they are taking to ensure that full railway timetables are restored as soon as possible, following the disruption caused by staff absences.

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

My Lords, the department has been working closely with rail operators to mitigate the impact of Covid-related staff absences on train services. Many operators have implemented temporary revised train timetables, which are providing passengers and especially the country’s key workers with certainty so that they can plan their journeys with confidence. The department will continue to work with operators to ensure that services meet demand as staff absence pressures ease.

[Baroness Randerson (LD)]

My Lords, I regret that there was no absolute reassurance in that Answer that timetables would be restored. At the same time as reductions, the Government are requiring train operating companies to make 10% savings and imposing a 3.8% increase on fares for passengers. The Government found the money for freezing fuel duty and reducing domestic APD, but rail passengers face the double whammy of reduced services and higher prices. Does the Minister recognise that the Government should do everything they can to encourage us out of our cars and back on to public transport, but instead government policy is setting the railways up to fail?

[Baroness Vere of Norbiton (Con)]

I do not agree with the noble Baroness’s assessment that government policy is setting the railways up to fail. We are introducing all sorts of measures under the Williams-Shapps Plan for Rail which will improve rail services and make them fit for the future. It is the case that demand is currently running at around 55%; because of Covid absences, we have a temporary timetable in place—I reassure the noble Baroness that it is a temporary timetable, which she will know expires on 26 February. We are working closely with the rail industry in relation to the progress of omicron and how timetables may look in the future.

Air Traffic Management and Unmanned Aircraft Act 2021 (Airspace Change Directions) (Determination of Turnover for Penalties) Regulations 2022

Debate between Baroness Vere of Norbiton and Baroness Randerson

Thursday 13th January 2022 Grand Committee

[Baroness Randerson (LD)]

Before the noble Baroness sits down, will she clarify further how much progress the Government expect to be made this year on the public consultation? I ask that because I am very aware that there is pressure on airports and the services that they run at this time, and to expect them to be doing public consultation effectively and efficiently at the same time might be rather too complex.

[Baroness Vere of Norbiton (Con)]

I am grateful to the noble Baroness. I deliberately swerved that question, yet did not advise her of the fact that I was doing so, because I do not have the answer—it was also raised by my noble friend Lord Naseby—but I will respond precisely on that matter. How the public will be involved, which ACPs are going forward and where, and all those sorts of things, I will put in a letter. I beg to move.

Motor Vehicles (Driving Licences) (Amendment) (No. 5) Regulations 2021

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 14th December 2021 Grand Committee

[Baroness Randerson (LD)]

I thank the Minister for her detailed response but there are huge inconsistencies in it. I draw to her attention the fact that the Government appear to have a limited approach to relevant data. She talks about the difficulties in obtaining data, but we have firm data on both the number of people who fail this test every year and the number of new drivers who have accidents in the first year or two of their driving careers. There are other approaches that the Government could have taken, such as doing away with the test and saying that you must have two years’ driving experience before you can tow a trailer as large as this. Did the Government consider other approaches? They seem to have gone for the extreme, riskiest option rather than looking at other things, such as increasing the capacity of driving test centres.

[Baroness Vere of Norbiton (Con)]

This Government are increasing the capacity of driving test centres; it is one of the 32 interventions that we have already outlined. We could have put in a two-year requirement but that would not have achieved what we wanted because there is no reason why you would deny somebody who is a perfectly good driver, even though they have just passed their driving test, the chance to do the training and tow a heavy trailer. I am not sure that there would have been a good rationale for denying somebody that right when, quite frankly, old people like me can already drive a heavy trailer—and I have never been anywhere near any training. There are already inconsistencies in the system, so these regulations create a simple system that everybody can understand, with mitigations in place to ensure that it is as safe as possible.

Drivers’ Hours and Tachographs (Temporary Exceptions) (No. 4) Regulations 2021

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 6th December 2021 Lords Chamber

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

My Lords, I thank all noble Lords who have taken part in this short debate today, particularly the noble Earl, Lord Attlee, who has extensive knowledge of and expertise in this area. We are very grateful for his input. I will address the drivers’ hours issue first, as fully as I can, and then go on to discuss some of the other issues that have been raised.

Let me start by saying that we are absolutely committed to ensuring the welfare of drivers and protecting all road users, and we recognise that the long-standing drivers’ hours rules that are in place are critical to achieving these objectives. We have therefore deployed these relaxations with the utmost care. Safety is the key consideration, and there are four pillars to our thinking. First, safety must be considered with regard to the extent of the relaxations made. Secondly, we must protect drivers against any cumulative fatigue. Thirdly, it must be clear to the industry about when and how it should use these relaxations; we have published clear guidance on this. The last pillar is about the use of these relaxations.

First, on the extent of the relaxations, I apologise to the noble Baroness, Lady Randerson: I thought she was talking about the current SI—not the one before last—when she said 11 hours, because it is now 10 hours, as I am sure she knows. I was shaking my head when she said 11 hours because I thought we were talking about the current relaxation, not the one that expired many months ago.

The drivers’ hours relaxations are very limited; I think noble Lords will agree on that. No requirements of the rules, whether it be breaks during the day, daily and weekly rest periods, or weekly and fortnightly driving limits, have been removed. The rules have been relaxed in a limited and controlled way.

I will not go into the details of the relaxations, because noble Lords have mentioned them, so I assume that they are aware of them. But, of course, these two relaxations are underpinned by the requirements of the Road Transport (Working Time) Regulations 2005, which also limit drivers’ working hours to an average of 48 hours a week over a 17 to 26-week reference period. These regulations also limit drivers to a maximum of 60 hours in any given week, provided that the average is still 48 hours. These working time regulations provide the protection against cumulative fatigue, which is the second pillar we considered when putting the 2021 regulations into place.

The third pillar is the published guidance. We are absolutely clear about when and how these relaxations can be used. There has to be evidence of a detriment to the wider community, there must be a significant risk of a threat to human and/or animal welfare, and there must be confirmation from the haulier’s customers that these risks actually exist. Only then can the operator use the relaxation. Operators using the relaxation, or proposing to use it, must notify the department. The operator must also notify the department later on about whether it has used the relaxation or not. Of course, this assists with transparency, and we can check compliance.

Some noble Lords may feel that that is not enough and that perhaps we need more evidence of who is actually using these relaxations. As of July last year, there were 68,982 HGV operator licence holders in Great Britain, which rounds up to 69,000. In October, 141 operators submitted notification forms. So, that is 141 out of 69,000. Only 111 of those submitted forms to follow up with the department, and just 80—out of 69,000—actually used the relaxations. We are not hearing from industry that they are not using the relaxations because they are too complicated, or whatever. It is because the safeguards are in place and we have set those out in guidance, and we are absolutely clear on the circumstances in which these relaxations can be used. Therefore, I am content that they are being used in circumstances when it is really necessary to meet those criteria that we set out in guidance. So, let us face it, we are talking about very few drivers.

The noble Baroness, Lady Randerson, was concerned about this impression that the Government want to worsen conditions. I am not getting that from the industry. I think it recognises this very limited use of drivers’ hours extensions. We have acted really carefully, again within the guidance, to make it clear that transport managers should make sure that risk assessments have been carried out if they plan to use these relaxations at all. They must monitor and review where the relaxations are used; it must also be done in agreement with the workforce.

I believe there are sufficient safeguards. I hear from HGV drivers quite a lot, and I am not hearing anybody, as yet, say to me that they are being forced to work extended hours owing to these relaxations. Maybe I will get a flurry of emails tomorrow—something tells me I probably will not.

The noble Lord, Lord Rosser, asked about the evidence of incidents. I think the noble Baroness, Lady Randerson, was aghast that the Department for Transport does not have up-to-date, real-time information about incidents on the roads. That is because the data is collected by the police and not the department. The data from one year goes through a series of checks and is usually delivered annually from the police to the department midway through the following year. We are not hearing from the police that there is a flurry of serious incidents with HGV drivers. That is a good thing. None of us wants to see incidents on our roads, and I believe that the protections are in place to ensure that they do not happen.

We must come to the very important issue of enforcements and the oft-quoted figure of 27% in the SLSC report. I think it is terrible too; I cannot agree with your Lordships more. It would be an astonishingly bad figure if it were representative of the sector as a whole—which it is not. I had the privilege of visiting the DVSA on Friday. I chatted to a group of enforcement people, who showed me some of the really bad stuff that goes on out there: drivers’ hours, wheel nuts—we have some very strange configurations of wheel nuts—and all sorts of things which are really bad. I was shocked; I congratulated them on their work and encouraged them to continue with great vigour. Then they showed me their pièce de résistance, which they have had for about 18 months.

They have access to all the ANPR cameras in the country, and they basically track all trucks, which is very cool. As they track all the trucks, they look at which ones to target on the basis of the intelligence they have coming through and what has happened before. In that 27%, there has already been a great big screening of all the trucks wafting around British roads, and they are the ones that have been targeted by the intelligence coming out of the fantastic work the DVSA does—not only the intelligence it gets from industry but the operator compliance risk score, which I am sure noble Lords are well aware of. They can do it in real time; they can see a truck driving up the road, and if it has a little red flag by it, they can send a car out, stop it and enforce it.

The other issue to note, which is regrettable, is that overseas operators make up a large proportion of non-compliance on UK roads. That is very disappointing, and we will need to look at it more closely. Between 12 August and 31 October, the DVSA undertook 111 checks against operators that had notified the department of their intent to use the relaxations; 58 offences for drivers’ hours were identified, of which only 12 related to the relaxed rules—this is the important bit, which certainly goes back to what my noble friend Lord Attlee was saying—and none was sufficiently serious to warrant a fixed penalty. To be honest, if it is five minutes, it is probably not worthy of a fixed penalty.

I reassure my noble friend that the Government are aware that we do not want to victimise HGV drivers for very small infringements, and that it must be sufficiently serious to warrant a fixed penalty. That does not mean we want to give them an easy ride, but we understand that, sometimes, for a few minutes it might be impossible to stop, for whatever reason. In general, though, that enforcement record is pretty good.

I hope I have been able to convince noble Lords of the thinking behind these relaxations. The noble Lord asked whether we would extend them. That is not currently our intention, although of course we are looking at the data very carefully as we head through and past the Christmas period.

Now I can come on to some good news. I am sure that noble Lords will have spotted today that there is some good news coming out of the sector. My 32 different actions, which the noble Lord, Lord Rosser, is so fond of mentioning, are working, which is brilliant. Logistics UK, one of the large representative bodies, has come out today with a report showing that people are returning to the industry, if they had previously left. We also know from DVLA data that it is pumping through 4,200 applications a day—we have thrown an awful lot of resources at that.

We are looking at the lack of facilities, which is something that we take very seriously. We have completed the tender for a report reviewing parking and facilities countrywide. We have a £32.5 million pot of funding that we can use to encourage the private sector to improve facilities and set up new ones. I would like to share with noble Lords that I had a really good ministerial trip on Friday: I went to open the Ashford international truck stop and, my word, it is amazing. It sets a really high standard. I encourage all private companies and operators that have truck stops to go and look at Ashford because those in charge have done a lot of thinking about what drivers need. It is a class site, with 600 HGV parking spaces available. Now we have to think about how we either improve lots of existing sites or find places for new ones, because noble Lords will recognise that there are issues with planning.

I will finish with a couple of other issues. On medical examinations, we have set out plans to widen the pool of registered healthcare professionals who do DVLA medical questionnaires, which should help. We are also working with GPs to make sure that routine medicals are restarted.

We have launched a review to look at ways of streamlining driver CPC. My noble friend said that it would be easy to relax it—I wish it were. We cannot even suspend it, as it would take primary legislation to do so. However, we believe that ongoing professional training is a valid part of an HGV driver’s life so we are looking at reviewing how to make that better. Randomly saying that you must have 35 hours does not seem the best way of making sure that HGV drivers are up to speed with the regulations.

As I said on Friday, if we do not look after them then they will not look after us, so we need to look after them and the Government are doing that. We are working very closely with the industry. Hopefully, next year we will have a hugely impactful year of logistics. We will make sure that people understand that HGV driving is a good career that we want people to come into. The Government are doing everything that we can to improve the situation, but we recognise that, at the end of the day, this is a private sector and we must support this private sector in doing what it does best.

[Baroness Randerson (LD)]

My Lords, I am interested in the Minister’s visit to the DVSA and her comment that a large percentage of the drivers not obeying the rules work for foreign operators. Is that not rather at variance with the Government’s decision to relax the rules on cabotage for foreign operators? Is that not a risky decision?

Renewable Transport Fuel Obligations (Amendment) Order 2021

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 30th November 2021 Grand Committee

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

My Lords, this instrument makes several important changes to the Renewable Transport Fuel Obligations Order 2007, which established a certificate trading scheme known as the renewable transport fuel obligation, or RTFO. This draft instrument would improve the RTFO scheme, ensuring that renewable fuels continue to play a key role in reducing emissions from road transport and, in the longer term, from transport modes with more limited decarbonisation options, such as aviation and maritime.

While the instrument relies on powers contained within the Energy Act 2004, parts of the 2007 order were previously amended by instruments made under Section 2(2) of the European Communities Act 1972. Accordingly, Schedule 8 to the European Union (Withdrawal) Act 2018 applies. The Secondary Legislation Scrutiny Committee’s report of 25 November acknowledges that the committee has no specific comments on the instrument and notes that during the enhanced scrutiny process, and in response to industry comments, the instrument has been somewhat amended and improved. The instrument was also considered by the Joint Committee on Statutory Instruments on 17 November, and that committee identified no matters requiring report.

The RTFO scheme, changed by this instrument, promotes a market for renewable fuels used in transport. The scheme places obligations on larger suppliers of fossil fuel to ensure the supply of renewable fuels which reduce carbon emissions. These obligations are calculated as a percentage of the volume of fossil fuel supplied over a calendar year. They are met by acquiring certificates which are issued for the supply of sustainable renewable fuels. The trade of these certificates provides a revenue stream for suppliers of renewable fuels.

This instrument delivers several commitments made in our transport decarbonisation plan to upgrade the RTFO. It increases the main RTFO obligation level from 9.6% to 14.6% by 2032, continuing at that level in subsequent years, with 1.5% of this RTFO target increase being made in 2022, to maximise the carbon savings from the introduction of greener E10 petrol this September. The instrument also improves RTFO support for suppliers of renewable hydrogen by extending certificate eligibility to renewable hydrogen used in maritime vessels, and in fuel cell-powered rail and non-road vehicles. As targets for the supply of renewable vehicles increase and new end uses are included in the RTFO, the instrument strengthens the sustainability and greenhouse gas emissions savings criteria that renewable fuels must meet.

In addition, the instrument replaces references to various EU enactments with equivalent criteria. It replaces these references through changes made to the 2007 order itself, and by using technical guidance issued by the administrator. Technical guidance on sustainability reporting covers the values, formulas, and methodologies used to calculate carbon savings. To reflect changing international standards and evolving fuel production processes, and to ensure no obstacles to trade, the RTFO administrator proactively updates its technical guidance, a draft of which was published alongside this instrument.

Renewable fuels supplied under the RTFO scheme currently deliver about a third of all domestic transport carbon savings under current carbon budgets. They will also make an important contribution to future UK carbon budgets. I commend this instrument to the Committee.

[Baroness Randerson (LD)]

I thank the Minister for her introduction. This is a complex but very important order. The sixth carbon budget requires reductions in emissions of 78% by 2035, and low-carbon fuels supported via the RTFO have been an important part of that process for the last decade. This SI extends the renewable transport fuel incentive to suppliers of renewable hydrogen used in fuel cell rail and non-road transport, and to renewable non-biological fuels for the maritime industries. It also increases the RTFO obligation by 5% until 2032, and updates emissions criteria.

This is an affirmative instrument which comes into force on 1 January 2022 which, as the Explanatory Memorandum points out, is less than 21 days. Clearly, that is less than the traditional amount of time. Some error has occurred somewhere down the line because while this is important, it is not a piece of emergency legislation. Therefore, it is regrettable that there is not the usual time limit.

Something to welcome strongly is that Articles 13 and 14 of this order strengthen the sustainability criteria. That thread runs through all of this. Are biofuels really sustainable? Are they really being produced in a fully sustainable manner? When you get down to the fundamentals, any land that you are using to produce biofuels is land that you could use to grow crops for food and so on. I therefore strongly welcome, for example, the criteria that would prevent biodiverse woodland being degraded for biofuel production.

As I said, it is a very complex area, because renewable fuels and feedstock originate from across the world. It is possible—indeed probable—that producers would be eligible for multiple incentives, which the UK provides, but are incentives where the fuel and crops originate from. What steps are being taken and what steps will the Government take to ensure that this is not exploited such that there are multiple payouts on one batch of fuel, if I can put it that way?

These detailed plans and arrangements were clearly devised prior to COP 26. How have they been affected, if at all, by the results of those discussions? Where do we go next, Minister?

Paragraph 7.12 of the Explanatory Memorandum refers to the increase in 2020 in the buy-out price from 30p to 50p. Can the Minister tell us whether this has been effective in stimulating the market?

The part of this we will all have noticed was the increase from E5 to E10 in September for bioethanol in petrol. I recall that, when we discussed the regulations on that, there were some areas where there were exceptions, such as the coast of Scotland, I believe. Were those exceptions envisaged to be temporary, perhaps to let the more distant parts of the UK improve their access to the most modern fuels, or is it envisaged that they will be permanent for those areas?

It is important to note that, despite government targets to phase out the sale of new internal combustion engine vehicles, raise the main RTFO target and so on, there remains a fatal flaw in government policy. Emissions from transport are not declining. Cars and vehicles are becoming more efficient, but the emissions are not declining because of the increase in road traffic. That has been made worse because many people have rejected public transport as a result of their fear of Covid. The Government have a major task to get us back on to public transport. I notice that the bus strategy, which has excellent aims, has a huge funding gap; four local authorities have made bids which are equal to the total amount of money available, and there are over 70 local authorities which could bid for it. Clearly there is a funding gap there.

I do not want to dwell on private grief for the Government, but last week was not an easy week for them in the north of England because of the rail announcement. Even with electric vehicles, the Government have a mountain to climb to gain public confidence. I am pleased to see these improvements, but there is still a vast amount of work for the Government to do, and unfortunately some of it involves additional funding.

Isles of Scilly: Ships

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 23rd November 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I said that on purpose. It is the case that there will be a proper and correct procurement process that goes alongside this money. It is a significant amount of money and, as it is so significant, the Government will be keeping a close eye on the procurement strategy.

[Baroness Randerson (LD)]

My Lords, the Minister has still not confirmed that high environmental standards will be required. I would welcome her doing that. “Scillonian III” is 44 years old, so these replacements will be built for the long term; they must be of the highest environmental standards. Will those standards also be imposed on onshore infrastructure servicing not just these ships but the many small boats that use the Isles of Scilly?

Integrated Rail Plan: North and Midlands

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 22nd November 2021 Lords Chamber

[Baroness Randerson (LD)]

My Lords, I recall a particularly funny episode of “Yes Minister” in which the Prime Minister asked Jim Hacker to produce an integrated transport plan. It was called “The Bed of Nails”, and I was reminded of that episode over the weekend as I watched the Secretary of State valiantly trying and failing to sell this plan as a success for the north of England. It takes a lot of ingenuity to produce a plan that almost doubles the time it will take to get, for example, from Birmingham to York, and still call it an improvement on previous plans.

Despite the Secretary of State’s sleight of hand, the plan has not been well received. The Government have managed to unite the elected mayors of the north, the chambers of commerce in Yorkshire, Greater Manchester, Birmingham, east Lancashire, Doncaster, the east Midlands and even London, the Chartered Institute of Logistics and Transport, Conservative MPs for northern constituencies and the Conservative chair of the Transport Committee in opposing and criticising the Government’s plan.

Not surprisingly, one of the critics was Transport for the North, and for that it has been stripped of its powers, which seems a very strange approach to levelling up. I join the noble Lord, Lord Rosser, in asking the Minister to explain why control of the Northern Powerhouse Rail project will now lie solely with central government—what is it that makes Ministers so sure that they know better than the people of the north about what they need in relation to railways?

The most high-profile decision was, of course, to truncate HS2 by abandoning the eastern leg. Those cities that had expected to be directly linked to a new 21st-century rail line have developed investment plans predicated on that and expected an economic boost along those lines. They now have to start again following a massive no-confidence vote by the Government. As the noble Lord said, transport spend per head is scarcely more than one-third of the size that it is in London. In her answer to me last Thursday, the Minister admitted that abandoning HS2 and reducing the Northern Powerhouse Rail plans

“saves the taxpayer billions of pounds.”—[Official Report, 18/11/21; col. 407.]

I suggest to the Minister that this approach is totally unacceptable. What do the Government plan to do to redress the balance now that their levelling-up promises to the north of England lie in tatters?

HS2 was always as much about capacity as speed. The Government are going instead for a patchwork of schemes, with short stretches of electrification. Digital signalling, which has long been promised, and longer platforms for longer trains will create some extra capacity but it does not compare with what a whole new railway would do. The Government promised to electrify 13,000 kilometres of railway by 2050 and so far have done 2.2% of that. So we are 235 years behind schedule. I ask the Minister: after all the stretches referred to in the plan have been completed, what percentage will we be on?

Finally, one of the reasons for building a new line is that the upgrading of existing lines is enormously disruptive. As a veteran of 10 years of Great Western’s electrification, I can attest to that. What calculations have the Government made of the cost of disruption for the lines they propose to upgrade?

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

I thank the noble Lord, Lord Rosser, and the noble Baroness, Lady Randerson, for their considered responses to the integrated rail plan. I too had the opportunity, over the weekend, to read the documents in detail and consider the sorts of questions I might face today. Actually, noble Lords have not disappointed so far in the issues that they have raised—and I accept that they feel very strongly about this.

Having read the documents and considered this more carefully, I think the integrated rail plan is an elegant solution. We had a very outdated plan, the old plan, which did not properly take into account some developments, particularly from the national transport bodies, notably Transport for the North and Northern Powerhouse Rail, and Midlands Engine Rail, Midlands Connect and the Midlands Rail Hub. None of them had a proper look-in in the plans. We saw that costs were rising and that the whole thing did not fit well together, so it was absolutely right for the Government to go back, look at the plans, set them all out and consider what we are actually trying to achieve. The goal is not to build new railways; it is just something that enables people to get from A to B more quickly, more frequently and at a cheaper cost. That is what we are trying to do.

How we choose to do that is a combination of stretches of new railway, as noble Lords know, and some upgrades to existing railways. That is a very elegant situation that comes at a lower cost to the taxpayer. I will not and see no reason to apologise for that at all. It also happens much more quickly than it would otherwise, so we need to take a step back. There are a lot of winners here. I would like to be living in Nottingham, quite frankly; people there are going to have a great time. Good old Derby will have direct access to HS2, which it was nowhere close to prior to this. Also, all the places along the Midlands main line will get electrification and have more reliable journeys now. They did not even get a look-in in the old plans.

We have taken a more considered approach to the system as a whole. I accept that life has changed slightly for Leeds, but Leeds is also benefiting from this. We have said that we will spend £100 million on looking at how to get HS2 to Leeds. We will look at whether the current station can absorb the additional capacity and we will finally start work on the West Yorkshire mass transit system. This is great news for Leeds, so I do not share the doom and gloom of the noble Baroness, Lady Randerson, about its economic future. Actually, having a train line that goes to Manchester is just one of the things that people in Leeds might want; they might also want to travel around their own city on a mass transit system. I think we have been able to help Leeds in this regard. The impact on economies will be set out in the business cases for all the different schemes, as we go forward.

On TfN and its change of role, this is not at all unusual within the Department for Transport. We have a good relationship with TfN and it has an important role in providing us with statutory advice. However, the Northern Powerhouse Rail programme will be in the Government’s major projects portfolio and it requires clear accountability to the Secretary of State. Therefore, the client will be the Department for Transport, but that does not cut out Transport for the North. It has a joint sponsorship role, and again it is important that it can offer advice and knows what is going on with the project. In terms of delivery, however, it must be accountable to the Secretary of State to make sure that we keep things moving as we need to.

There was a comment about the Government not being a fan of devolution, on which I beg to differ. The city region sustainable transport settlements have committed £5.7 billion to our major cities. That is truly transport devolution on a large scale.

The noble Lord, Lord Rosser, came up with a litany of delays that had happened previously. I do not disagree that sometimes large transport infrastructure projects suffer from delays. None of us involved in transport likes delays but sometimes they happen. However, I am not entirely sure why they would not then happen to elements of HS2. Given that the previous full “Y” going all the way up was not going to be delivered until the mid-2040s, my goodness, we could be looking to the mid-2060s before that was delivered then, had it been delayed. I am not sure that that is necessarily a reason for not liking the Government’s plans.

On the issue of disruption, all transport infrastructure projects are disruptive. We know that. However, the approach taken by this IRP will cause less disruption that previous plans would have. For example, the HS2 eastern leg in full would have caused significant disruption to the motorway network. It would have crossed it 13 times. I am the Roads Minister—that disruption would have been quite challenging. We know that enhancements to existing lines will ease bottlenecks and make rail services more reliable. We will work very closely with the rail industry to minimise disruption as the schemes are developed and delivered.

I turn now to the issue of digital signalling. If I may, I will write on this issue so I can provide the most up-to-date information that I have.

The noble Baroness, Lady Randerson, asked what percentage will be electrified when this is all finished. In my brief I have the figure of 75%, which I want to check. It feels right—but you think, okay, we are going to go from quite a small percentage to 75%. We are going to be electrifying hundreds of miles of railway line, so this probably is right but, again, I will write to 100% confirm that number. This is a huge electrification programme, as I am sure the noble Baroness will understand.

Let us turn to money. The noble Lord, Lord Rosser, mentioned it and so did the noble Baroness, Lady Randerson. This is the sort of thing that I get a little bit confused by. We are in a strange parallel universe where it matters only how much you are spending rather than what you are spending it on. That strikes me as bizarre. People are saying to me “But you are not spending this money on this railway line,”. No, but we are providing more benefits to more people, more quickly for less money. Surely that is a good thing.

I say to the noble Lord, Lord Rosser, that I believe that the leader of the Opposition has in mind to establish something called the value for money office, should he ever become Prime Minister. He may well think that that is a very good idea. But I say to the noble Lord that, if he had the Government’s integrated rail plan at £96 billion—providing some pretty good service uplifts and some good improvements in journey times—versus the previous outdated plans costing £185 billion, and if he were to give those to this new-fangled value for money office, I wonder which one it would choose.

Rail Infrastructure: North of England

Debate between Baroness Vere of Norbiton and Baroness Randerson

Thursday 18th November 2021 Lords Chamber

[Baroness Randerson]

To ask Her Majesty’s Government what plans they have to improve rail infrastructure in the north of England.

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

My Lords, this Government will be investing more than £35 billion in rail over the spending review period, including rail enhancements and vital renewals to improve passenger journeys and connectivity across the country, focusing on the Midlands and the north to level up the economy. Furthermore, the Government have today published our independent rail plan, a £96 billion programme to transform services in the Midlands and the north.

[Baroness Randerson (LD)]

My Lords, there has not been a major new rail line in the north of England since the Victorians. The Government promised to change that. Northern Powerhouse Rail was announced seven years ago, and the Government have re-announced it 60 times, but today’s announcement turns its back on that. Does the Minister accept that haphazard dollops of money—a scattergun approach to rail upgrades—will not create a transformation, and that cancelling the HS2 eastern leg is seen in cities such as Sheffield, York, Leeds and Bradford as nothing else than another broken promise?

[Baroness Vere of Norbiton (Con)]

I advise the noble Baroness to read the documents, which, when I left my office just now, had not actually been published. If she were to look at the integrated rail plan, she would see that it is comprehensive and very well thought through. It sets out exactly how the different pots of money will be used to create the sort of system that delivers for people in the north far sooner than other plans were going to. It also saves the taxpayer billions of pounds.

Railways: East Coast Main Line

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 3rd November 2021 Lords Chamber

[Baroness Randerson (LD)]

My Lords, it is five times more expensive to go to COP 26 using east coast main line train services than it is to fly. Since train travel is much more environmentally friendly than flying, how can the Government justify the Chancellor’s decision to make domestic air travel even cheaper by cutting APD? Since the Government subsidise the railways with taxpayers’ money, how can they justify giving tax breaks to their competitors, which will inevitably undermine the viability of railway lines such as the east coast main line?

[Baroness Vere of Norbiton (Con)]

As the noble Baroness knows, the Government were really clear in the transport decarbonisation plan what the long-term future looks like for various modes of transport. We recognise in that plan that the cost of motoring has fallen at the same time, for example, as the cost of fares have gone up by 20% and even more than that for bus and coach journeys. But, of course, gradually and over time we will make trains and buses better value and more competitively priced. This will impact on the modal shift and take people away from flying or using their car and get them on to trains and buses. As she is well aware, there have been a number of competitions recently where people have taken a train and a plane at the same time and arrived at their destination at the same time.

HGV Drivers

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 26th October 2021 Lords Chamber

[Baroness Randerson]

To ask Her Majesty’s Government what plans they have to evaluate the success of the measures they have put in place to address the shortage of HGV drivers.

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

My Lords, we have taken decisive action to address the acute driver shortage, with 25 specific measures taken by the Government already to support the industry as it resolves this long-standing workforce issue. We are seeing results, with the Driver and Vehicle Licensing Agency dealing with around 4,200 applications daily, more than double the pre-Covid rate.

[Baroness Randerson (LD)]

My Lords, we have a truly world-beating driver shortage in the UK. Given that the last time we discussed this the Minister said that the problem goes back to 2010, can she explain why the Government have had to resort to government by panic button, with some 25 last-minute measures to try to avert a crisis? Why was there no long-term plan to improve pay rates and conditions in order to attract the new entrants that the Government now say are so needed?

[Baroness Vere of Norbiton (Con)]

I think that I will probably say this many times: the haulage sector is a private sector and the Government do not customarily get involved in individual pay rates within those sorts of sectors. We have been working with the sector to address this issue. Indeed, many years ago now we commissioned a study into the availability of lorry parking and we are doing another one to see what we can do in that regard. So it is not fair to say that we have not been cognisant of this issue for quite some time. We have been working with the industry because it is mostly up to the industry to resolve it.

Airports Slot Allocation (Alleviation of Usage Requirements) (No. 2) Regulations 2021

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 19th October 2021 Grand Committee

[Baroness Vere of Norbiton (Con)]

My Lords, we were talking about the content of the SI and discussed the first element, which changes the minimum usage ratio to 50%.

The second element is that the regulations allow airlines which hand back a full series of slots to the slot co-ordinator before the start of the season to retain the right to operate that series of slots the following year. This will provide an opportunity for other airlines, including new entrants, to apply for and operate these slots on a temporary or ad hoc basis. This measure will apply to traded and leased slots but not to newly allocated ones; this is to prevent carriers acquiring slots with no intention to operate them. Airlines which have announced that they have permanently ceased or will permanently cease operations at an airport before the start of the winter 2022 season will not benefit from this measure in winter 2022.

Finally, the draft regulations expand the reasons which airlines may use to justify not using slots to include Covid-19-related restrictions. This provides a backstop against the risk of unforeseen Covid-19-related measures or restrictions being imposed during the season. This will apply where unforeseen Covid-19-related measures—including flight bans and quarantine or self-isolation requirements—are applied at either end of a route and have a severe impact on demand for the route or its viability. It will apply where restrictions could not reasonably have been foreseen in time to hand back the full slot series. There will be a three-week recovery period during which these provisions, sometimes known as force majeure, may still apply following the end of the Covid restrictions. These measures will cover the winter 2021 scheduling period, as I have noted. We are currently considering alleviation for summer 2022 and plan to consult with industry to inform our policy decision later this year.

This instrument provides necessary relief for the aviation sector for the winter 2021 scheduling period. Through this package of measures, we have aimed to strike a balance between supporting the financial health of the sector and encouraging recovery. I commend this instrument to the Committee.

[Baroness Randerson (LD)]

I thank the Minister for her very clear explanation. I certainly appreciate the need for these adjustments to take the heat off the airlines during what is still a difficult time for aviation.

I note that one of the reasons why the non-use of slots is justified is a result of government-imposed measures which make routes unviable. It is a pity that the airlines are getting the benefit of this alleviation on slot allocation when there appears to be no clear obligation on those same airlines to return money to consumers on the basis of the same government restrictions on flying. Not all airlines by any means have behaved badly, but the CMA has recently cited a lack of clarity in consumer legislation for its abandonment of attempts to ensure that all airlines did the decent thing and offered proper refunds. Can the Minister say whether the Government have any intention to clarify consumer law?

I note also that there has been no impact assessment because this legislation is designed to be for a period of less than 12 months. But in fact, although it sets out rules for 2021-22, it also bestows rights to the control of future slots into 2023. That is what the winter period of 2022 becomes—it moves over into 2023. This situation has already existed for 18 months, and, as the Explanatory Memorandum itself points out, slots have significant competitive operational and financial value. Taken together, this will have a distorting impact on the industry—it can have nothing else. The Explanatory Memorandum warns of the impact on smaller airports and the likelihood that the relief to a 50% level for the use of slots will have an impact on small airlines wanting to accumulate new slot rights at congested airports. Therefore, although this measure is undoubtedly environmentally desirable and commercially necessary at this time, it will favour the big and established airlines. I would be interested to hear the Minister’s comments on that.

Paragraph 7.6 of the EM recognises the dubious practices of some airlines, which seek basically to game the system by seeking to accumulate new slots for this winter which they have no intention of using, simply to gain historic rights for use in the future. So my question to the Minister is this. In the past, Gatwick has had some concerns about what it saw as unfair hoarding of slots. Is the Minister aware of this issue—I am sure she is—and has it been resolved to the satisfaction of Gatwick Airport?

Paragraph 3.1 of the EM refers to reasons for delay in laying the draft SI and the need to use the latest data on the level of air traffic. Can the Minister please give us an update on what the latest level of air traffic is at the moment? What percentage are we up to compared with 2019, for example?

Finally, is the Minister aware of what action our neighbouring countries are taking on this issue? Are they taking similar action on slots? Everyone started from a similar position on the rules on slots across the EU and in neighbouring countries. In the early period of the pandemic, I recall that they all moved forward in a fairly similar way. Are we still in tune with the actions of our neighbours?

Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2021

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 14th September 2021 Grand Committee

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

My Lords, these draft regulations are necessary because of the ongoing need to reduce pollutant emissions from the maritime sector, to protect public health and the environment. The regulations do this by amending regulations in the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008, which I will refer to as the 2008 regulation, in order that our domestic legislation is aligned with the latest international limits and standards for sulphur and nitrogen dioxide emissions.

The international requirements are set out in annexe VI of the International Convention for the Prevention of Pollution from Ships 1973, also known as the MARPOL Convention. These changes limit the amount of sulphur in marine fuels that are used or intended for use by ships to 0.5% by mass or less. They also require that new ships and new engines be certified to meet the latest NOx emission standards, both globally and when ships operate inside waters which have been designated as an emission control area by the International Maritime Organization.

At this stage, the MARPOL Convention refers to four regions which have enhanced ECA protection status: the North Sea, including the English Channel; the Baltic Sea; North America, which includes both the east and west coasts of the United States and Canada; and the US Caribbean. Ships operating in an ECA must not use fuel which exceeds 0.1% sulphur unless they are using an abatement technology. New ships must also comply with a stricter NOx tier 3 standard. New ECAs could be introduced in future. The Mediterranean is being considered for one and the Government have agreed to consult on a possible ECA for the Irish Sea.

The regulations also enable UK ship inspectors to enforce these new limits more effectively on foreign-flagged vessels calling at UK ports. Currently, under port state control regulations, ship inspectors from the Maritime and Coastguard Agency can apply limited sanctions on ships calling at UK ports for an offence. These include recording a deficiency against the ship, temporarily detaining the vessel or ordering the ship to debunker—empty its fuel tanks—if the ship is using non-compliant fuel, after which access to UK ports and anchorages may be denied if there is evidence of significant non-compliance. These sanctions can be applied to ships only when in port or at anchor.

The new instrument will allow ship inspectors to use the criminal justice system to impose fines on offenders. This is in line with our current approach to other marine pollution offences. The ability to impose fines would be an important deterrent for all foreign-registered vessels within UK waters, whether in transit, in port or at anchor, particularly those that would consider risking non-compliance to reduce costs without the threat of financial penalties. However, I stress that compliance with maritime environmental rules is the norm. Enforcement action by the MCA through the courts is extremely rare and would be funded through existing resources if it were to occur.

The regulations also include an ambulatory reference provision, which will automatically update references in the 2008 regulations to provisions of the convention and its annexes. This implements a key industry request from the Red Tape Challenge, which enables some amendments to international requirements to be transposed into domestic law more rapidly and efficiently than was possible previously. An amendment that is accepted will be publicised in advance of its coming-into-force date by means of a Statement to both Houses of Parliament. However, the ambulatory reference provision is limited. Substantial changes, such as implementing a new chapter into MARPOL annexe VI, would still need to be implemented by statutory instrument.

The regulations also amend obsolete sulphur limits for marine fuels used by ships, which were made under Section 2(2) of the European Communities Act 1972. Specifically, the new regulations remove references to the 1% sulphur limit for ships operating inside an ECA and the 3.5% sulphur limit for ships operating outside an ECA. Of course, these have been superseded by the stricter 0.1% and 0.5% sulphur limits respectively. The new regulations also remove references in the 2008 regulations to a 1.5% sulphur limit which applied to passenger ships operating outside an ECA. Again, this has been superseded because, like all vessels, passenger ships outside an ECA are now subject to the stricter 0.5% sulphur limit.

While it is important to remove obsolete requirements from our domestic legislation that were introduced under Section 2(2) of the European Communities Act, the draft regulations retain others which are still pertinent. For example, they do not amend the requirement for ships to use 0.1% sulphur fuel when at berth in a UK port, which was introduced using Section 2(2) powers in the European Communities Act.

I am sure noble Lords would agree that maintaining the highest standards of environmental protection is vital for public health. It is therefore important that we continue to implement the latest international standards to control ship emissions and have an effective enforcement regime in place. The Government have made it clear that air quality is one of our top priorities. These regulations help deliver on the commitments made in Maritime 2050, published in 2019, and our route map for sustainable maritime transport, the clean maritime plan. It is important for the health of our coastal communities and port cities that we reduce emissions from the shipping industry, and that we ensure we can strongly and visibly enforce the standards we agree at the International Maritime Organization. I commend these regulations to the Committee.

[Baroness Randerson (LD)]

My Lords, I thank the Minister for her very clear introduction. I have no criticism of the regulations themselves, but I want to concentrate on the backlog of maritime legislation within the department and its impact on the sector. I am very grateful to the Secondary Legislation Scrutiny Committee. It has repeatedly drawn attention to this problem, which has existed since 2016. Since then there have been five separate updates to MARPOL, to which the Minister referred. I believe the department still needs to implement over 40 changes to maritime legislation. These regulations, although very welcome, are very late as well.

The Department for Transport says that it has not prioritised this raft of legislation because operators tend to comply with IMO regulatory requirements as ships cross international boundaries all the time. That statement is contradicted by the Government’s own Explanatory Memorandum, which states that the ability of inspectors to sanction non-compliant ships will be very limited until these regulations come into force.

My real concern is the vagueness of all this, so can the Minister provide us with a lot more detail? First, on the simple numbers, the SLSC was told that, of the 40-plus backlog, 10 have now been made, 10—including this one—are in the final stages, and another eight are in the very final stages of preparation and anticipated to be introduced in the 2022-23 Session. The remainder are at an earlier stage of development and are anticipated to be complete by the end of 2023. This is far too slow and could mean that some legislation has been delayed for seven years.

Can the Minister explain exactly how many pieces of legislation are in that final slow lane and why they have been placed there? I realise it is far too much to ask for this to be done here, but could she write to us with a list of all the pieces of legislation in this backlog and say which pieces are in which category? The original DfT target to deal with this backlog was 2020, so why has it lapsed so badly?

I realise that the pandemic has affected everything, but in itself that is not a sufficient excuse, because the pandemic goes back only some 18 months and this backlog goes back to 2016. It must be seen in the context of other delays in DfT legislation. We are in a position where we need more legislation on EVs, driverless cars and other key areas of transport development. A major question must be why the department does not devote more resource to keeping up with modern transport developments. I agree with the committee, which labels the number of delayed pieces of legislation “highly disturbing”.

This is not just a numbers game. Let us look at the implication of these pieces of legislation. Many of them, like this one, have environmental implications. This one concerns sulphur oxide and nitrogen oxide and is about reducing air pollution; it is another example of a Government who talk tough on pollution but fail to deliver on the crucial detail. We must remember that this is about the health and working conditions of sailors as well as the overall state of our planet. Working conditions for many in the maritime sector are often very poor. Many are subject to exploitation and they are certainly often overlooked. We owe it to them to ensure that the UK upholds the highest standards.

This is London International Shipping Week, and I note that the industry has committed itself this week to zero carbon by 2050. It certainly needs the Government to do a great deal more to support it in achieving that. So although these regulations are welcome as far as they go, I would like to see much more from the Government to demonstrate that they are serious about tackling emissions from ships because of the impact on ships’ crews, cruise passengers and dockyard workers, as well as on our planet.

Transport: Hydrogen

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 13th September 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I could happily spend many hours answering that question, but I will not on this occasion. The Government have a target of supporting 4,000 zero-emission buses by the end of this Parliament, and we are about to start a further consultation on the phase-out date for new diesel buses. We are investing £120 million in the ZEBRA scheme—the Zero Emission Bus Regional Areas scheme—which does precisely what the noble Lord is asking: it encourages local authorities and the bus operators in their area to switch over from diesel buses to either battery electric or hydrogen fuel cell buses.

[Baroness Randerson (LD)]

It costs around £1 million to install a hydrogen delivery system, so at this stage, at least, the Government need to encourage companies that run fleets of vehicles—not necessarily just heavy vehicles—to utilise hydrogen. What are the Government doing to incentivise and encourage companies that run vehicle fleets to take up this option for zero emissions?

[Baroness Vere of Norbiton (Con)]

Actually, the focus at the moment is on making sure we have the right data and information from R&D to further develop and commercialise large-scale hydrogen refuelling systems. I mentioned previously the £23 million Hydrogen for Transport programme, which is looking at refuelling infrastructure alongside the vehicles themselves. We also have the zero-emission road freight trials, which are trialling hydrogen among a group of vehicles—it is not only about the infrastructure but about making sure that the range is appropriate for the vehicle in which it is going to be used.

HGV Driver Shortages

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 13th September 2021 Lords Chamber

[Baroness Randerson (LD)]

My Lords, rather than making the roads safer—Britain has always prided itself on its road safety record—these proposals seem to be some sort of cowboys’ charter. What does the Minister think about the response of Logistics UK and other representatives of the sector who believe that the longer working hours they suggest and have introduced will make the roads riskier and deter people from joining the industry? What assessment have the Government made of the safety impact of making the driving test effectively easier? This is not what people wanted when they voted for Brexit. Brexit is at the basis of this; Covid has made a bad situation much worse.

[Baroness Vere of Norbiton (Con)]

My Lords, Brexit is not the basis of this. At the current time, Germany has a 45,000 to 60,000 HGV driver shortage, France 43,000, Spain 15,000, Italy 15,000, and Poland 124,000. This is a problem that is impacting developed countries all across the EU and in the US, which has a 61,000 shortage right at this moment in time.

The noble Baroness refers to cowboys. I do not know who the cowboys are that she is referring to; I hope it is not the haulage sector, which I know is doing everything it can to make all the interventions we are putting in place work. For example, as the noble Baroness well knows, hauliers have to notify the department that they are going to use the extension of the hours and we obviously monitor the safety that comes out of that.

The noble Baroness seems to think that somehow the HGV test is getting easier. I am sorry to disabuse her: it is not. There will be no change to the standard of driving required for HGVs. The simple fact is that a certain element of the test will be delegated to trainers, who already train the HGV drivers in things such as manoeuvres. I would go on on the safety issue, but it is clear that we have some of the safest roads in the world and we want to keep it that way.

International Travel Rules

Debate between Baroness Vere of Norbiton and Baroness Randerson

Thursday 22nd July 2021 Lords Chamber

[Baroness Randerson (LD) [V]]

Can the Minister explain why the Government, with a fanfare of publicity, moved France on to the amber list while at the same time issuing instructions that from Monday, Border Force officers no longer have to verify that new arrivals from green-list and amber-list countries have negative Covid tests or other legally required paperwork? Can the Minister explain why the decision to remove these checks was made? Was it due to a lack of staff and, if so, why have the Government not provided enough Border Force staff to perform checks at a predictably busy time of year?

[Baroness Vere of Norbiton (Con)]

My Lords, all the decisions that this Government make are on the basis of risk—risk to the country as a whole from a public health perspective and risks to travellers who choose to go abroad where they are able to. It is not the case that checks were dropped because of reduction in demand. However, we need to keep the travelling public as risk-free as possible. That is a great benefit to citizens, but also to the travel industry.

Transport Decarbonisation

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 19th July 2021 Lords Chamber

[Baroness Randerson (LD) [V]]

My Lords, there is no doubting the need for this transport decarbonisation plan and for that reason it is welcome. Transport is now the biggest single source of CO₂ emissions in the UK. Other sectors have managed significant reductions over recent decades, but improvements on transport have been marginal. That is the worrying thing about this plan, because it relies far too heavily on technological solutions. I looked in vain for reference to some of the more difficult choices that are needed.

The Statement reminds us that we are running out of time to tackle climate change and refers to the need to

“take decisive and radical action now”.

Then it goes on to promise that we can all carry on doing the same things: we can still fly to go on holiday, for instance, and technology will come to the rescue by 2050. The events of the last few weeks should surely have taught us that this is a climate emergency. As Canada burns and hundreds drown in Germany and Belgium, surely we must wake up to the need for rapid change.

The Statement has an almost fairytale quality to it, with far too many vapid “world-first” and world-beating references, which undermine the genuinely good aspects of this document. When it comes to transport decarbonisation, we are not in the world’s top tier. Noble Lords need not believe me on all this; the noble Lord, Lord Deben, has complained of too many long-term targets and a lack of short-term milestones, which are essential to make them meaningful.

The Rail Delivery Group makes the point that, if the Government want people to make greener travel choices, they must make use of the levers they have at their disposal to motivate public action. Rail, for instance, carries 10% of passenger miles but only 1.4% of transport emissions, so it is a climate-change winner; but only 38% of the network is electrified. Amazingly, the Government are currently consulting on cutting domestic air passenger duty. The RDG estimates that just a 50% cut in APD would lead to almost a quarter of a million fewer long-distance train journeys, with people shifting to flying as the cheaper option, leading to an additional 27,000 tonnes of carbon emissions.

The Government should use tax levers to make flying less attractive, not more. Funding for railways needs to concentrate on cheaper tickets, simpler fare structures and on making it easier to walk up and go. France has legislated to prevent short-distance flights for journeys under two and a half hours by rail, and the UK should follow this lead. The Government’s first priority must be to use taxation and their own policies to get us back on the buses and trains, which are by far the most carbon-efficient means of transport. That means subsidies, ending the ridiculous 10-year freeze on fuel duty and a change in taxation.

The Government need to look beyond the transport industry to taxation on sources of power. The rail industry is being penalised for moving from diesel to electric and now pays 40% of its electricity costs in taxes, whereas 10 years ago it was only 12%. Meanwhile, air passengers pay a much smaller proportion of their fares as climate-related costs. The Government still have a £27 billion road-building programme, which simply must be reviewed if their plan is to be credible. With their current targets, there will still be many petrol and diesel cars on our roads into 2050 and beyond. The pandemic has encouraged us all back to our cars and we need the Government to be bold to reverse that.

Technology has its place, and there may well be occasional bonuses to be derived from unexpected advances, but it cannot be the sole answer. The Government cannot shirk from grappling with the difficult behaviour change in choices. They can dream up all the targets they like, but they are meaningless unless the Government develop a sense of urgency, stop promising us lots of goodies and start actually doing something.

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

My Lords, I thank the noble Lord, Lord Rosser, and the noble Baroness, Lady Randerson, for their input into this crucial moment in transport decarbonisation. It is the first time that any Government have taken a holistic and cross-modal approach to transport decarbonisation. It is the first plan of its type in the world. We have set out what we need to do and how we will end transport’s contribution to climate change in the next three decades.

As the Secretary of State for Transport said in the other place, this is not about stopping people doing things, banning things and all those things that the noble Baroness, Lady Randerson, is so keen on. It is about doing things differently. The plan is very much about taking the abstract—getting carbon out of our economy—and putting it into reality with actions, commitments and timings. Of course, there are many co-benefits to decarbonisation—we can have healthier and greener streets—and those too are very important.

The noble Lord, Lord Rosser, seemed to imply that consultation was somehow a bad idea. He complains that when the Government consult on this they have not made a decision. If I stood here and said that the Government had made a decision on something without consultation, I can imagine the response from your Lordships’ House, and it would not be good. Consultation is key for so many of these elements, and when we published the plan it was really heartwarming to see it widely welcomed by stakeholders from all across transport. That is because the strategic themes set out therein are so important.

As noted by the noble Lord, Lord Rosser, the first strategic theme is to accelerate

“modal shift to public and active transport”.


That is precisely what he said we were not doing, but we are—it is our number one strategic theme. The second is decarbonising road transport. We know that in transport itself, roads and road vehicles are the source of the greatest amount of emissions. The next theme of decarbonising how we get our goods—whether rail freight or road freight—will be really key in the future, as is establishing the UK

“as a hub for green transport technology and innovation”.

It is often omitted, but place-based solutions will be key. National Government cannot do this on their own; they will be reliant upon interventions from local transport authorities. Finally, on reducing carbon in a global economy, we are a leader, particularly for maritime and aviation. With those strategic themes in mind, I think the plan is a good one.

I will turn to a few more comments that the noble Lord, Lord Rosser, and the noble Baroness, Lady Randerson, made. We recognise that charging infrastructure will be one of the biggest challenges of our time, which is why we have committed £1.3 billion to ensure that we can decarbonise charging at home, in businesses and in public places. The Government will publish an electric vehicle infrastructure strategy later this year. That will set out exactly how we plan to take charging forward. We have also published our response to the consultation on smart charging, so we will lay regulations in the autumn. Therefore, all private devices will be required to be smart devices. That will benefit the energy network as a whole.

The noble Lord, Lord Rosser, talked about how he was not entirely happy with the transition between the 2030 phase-out date for petrol and diesel and the 2035 one for zero emissions at the tail-pipe. That is exactly why we published the Green Paper on the carbon dioxide regulatory framework, because we want to engage with people as to exactly what that transition will look like between 2030 and 2035. We have two big options. We could tighten efficiency-based regulations to align with the petrol and diesel phase-outs, or we could do that and make a zero-emission mandate. It is the case that carbon dioxide targets alone do not guarantee the take-up of zero-emission vehicles, or indeed that the 2030 target can be enforced. We would welcome feedback from all noble Lords on that. Within that, there will be a consultation on what vehicles should be in scope—what does it look like between 2030 and 2035? We want to hear feedback, because then we will set the most ambitious targets that we can.

The noble Lord seems not to have been reading my Twitter feed recently, which is disappointing. He said that we were not supporting public transport as we come out of the pandemic. Again, that is not entirely right. I have managed to secure well over £200 million-worth of funding for buses—that will take the bus network through to April next year—and only last week a further £56 million for the light rail sector, which will make sure that our really important tram and light rail systems can continue to operate and provide the really important services they do.

More widely, upgrading local public transport is really important. Again, buried in the small print of the transport decarbonisation plan is something that made me very excited as the Minister for Places in the Department for Transport. We will ask local authorities to provide quantifiable carbon reductions as part of their local transport planning and funding. That is game-changing; it really is. It sounds very dull but it really is not, because when local transport authorities look to do their long-term transport plans they will need to put decarbonisation at their heart. If they do that alongside their bus service improvement plans and all the other transport planning they do, it will be really key for the future.

Before I sit down I will address the phrase that is so often bandied about: the “£27 billion road-building programme”. I do not know what the noble Lord and the noble Baroness are talking about. It is a programme that provides for the operation of the roads. Therefore, traffic officers, maintenance of the roads to ensure that they are safe for users, and the renewal of our bridges, a lot of which are now about 50 years’ old and need a lot of work, are included in all that. Then there is some money for enhancements. I again press the noble Lord and the noble Baroness: if they have any particular enhancements they wish me to scrub off the list, I will be very happy for them to mention them in the House next time and I will consider them.

To go back to roads—this is about not just the strategic road network but all roads—the point is that carbon is a key consideration for all road enhancement projects. When I receive the business case about whether to invest taxpayer funding into a road, we always look at carbon alongside safety, the economic case, air quality and biodiversity. All those things are taken into account when we make decisions on road investments.

I am grateful to the noble Lord and the noble Baroness for their comments. I look forward to talking about this in greater detail in the coming months.

Railways: East Coast Main Line

Debate between Baroness Vere of Norbiton and Baroness Randerson

Thursday 15th July 2021 Lords Chamber

[Baroness Vere of Norbiton (Con) [V]]

The noble Baroness is quite right, in that we have an ambitious programme in the rail sector but also in roads. She will know that we have a programme of work on the A1 and on several projects around the north-east. She makes a very important point. The Government are well aware of the opportunities to invest in the north-east.

[Baroness Randerson (LD)]

My Lords, it is estimated that Berwick could see a cut of 72 trains a week. Does the Minister agree that this is totally contrary to the principles behind the Government’s transport decarbonisation plan and the principles behind levelling up? The root cause of the problems is inadequate infrastructure capacity, long past its date for upgrading. What are the Government going to do about that?

[Baroness Vere of Norbiton (Con) [V]]

The Government have already invested, and are investing, billions of pounds in the railway system, including in the north-east. The noble Baroness mentioned once again the changes to the services in Berwick, and I will not dwell on that because I believe I have covered it, but I will say that there always difficult decisions to make. For example, Edinburgh gets more services out of this, which improves union connectivity. Edinburgh will have additional, faster trains to London. There will be a four-hour journey time. That will be highly competitive versus taking an aircraft.

Historical Railways Estate

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 5th July 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I hear what the noble Lord has to say. Of course, it is not quite that simple, because some schemes which were taken out by Beeching will not be replaced because of population changes and all sorts of different reasons. But, of course, we do welcome ideas and I note his intervention on the Penrith line. But it is the case that, even where we want to restore the railway, the infrastructure in place needs to be substantially rebuilt to meet modern safety standards.

[Baroness Randerson (LD)]

Highways England states that it is not funded to enable cycling and walking projects. But if local authorities are not able to take on a property, Highways England is responsible for making it safe, which sometimes costs a great deal of money. Can the Minister reassure us that the Government will consider the proposal to ensure that Highways England can use that money instead as a proper part of a partnership with local authorities in order to create proper cycling and walking projects?

[Baroness Vere of Norbiton (Con)]

I say to the noble Baroness that we would run the risk there of sharing responsibilities across two very disparate organisations that have different priorities. In my view, local authorities should be prioritising cycling and walking projects. They are able to take over these structures—Highways England would welcome them with open arms—such that they can put them within their active travel plans and make them useful for the future.

North of England: Rapid Mass Transport System

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 28th June 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I think that that is a rather extreme assessment of what I have said so far. I reiterate that the integrated rail plan must come first. Without it, it is pointless having a plan for Northern Powerhouse Rail because, of course, the whole point is that everything has to be integrated. As I said previously, we will work with Transport for the North, which will submit the business case for Northern Powerhouse Rail. Once we have received that, we will be able to set out how the project will go forward.

[Baroness Randerson (LD) [V]]

Does the Minister acknowledge that continued speculation about the future of Northern Powerhouse Rail and the issuing of new timetables by the East Coast Main Line, which reduced rail links for northern cities, simply serves to undermine confidence in government promises to level up and therefore reduces the likelihood of private sector investment in northern cities?

[Baroness Vere of Norbiton (Con)]

The absolute priority for this Government is to get it right. Endless amounts of pressure—questions such as “When will it be published?”—is probably not particularly helpful and leads to an awful lot of speculation. As I have said previously, we are taking due consideration of what stakeholders are saying and we are working very hard to come up with a robust, deliverable plan. That is exactly what this Government are going to do.

Great British Railway Plans

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 22nd June 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I think the noble Baroness has just answered her own question: she stated that HS2 would be separate from Great British Railways. That is the case but in any event, as she pointed out, HS2 is under construction. It will be a while before it is an operating railway and then it will work closely with GBR.

[Baroness Randerson (LD)]

My Lords, the Williams-Shapps report promises welcome expansion and better co-ordination of the railways. The Government also say that they are committed to levelling up the north, so can the Minister explain to us why the proposed new timetable for the east coast main line halves the number of trains from Newcastle to Manchester via Durham and Darlington? It also cuts one-third of the trains to London from Berwick and Darlington. In what sense is this expansion and levelling up?

[Baroness Vere of Norbiton (Con)]

As it happens, I had a conversation yesterday with all the northern leaders when we met as the northern transport acceleration council. They raised this issue, which is of course one of capacity because there are more services, for example, between Newcastle and London. We have heard the pleas from various areas of the north on the timetabling. We are taking that away and doing what we can, but this is one of the reasons why we need Great British Railways. Timetabling is fiendishly complicated and we need to ensure that local areas are heard and get the services they deserve.

BA and Ryanair: Customer Refunds

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 15th June 2021 Lords Chamber

[Baroness Randerson]

To ask Her Majesty’s Government what discussions they have had with representatives of the international travel industry about the impact of the action being taken by the Competition and Markets Authority against BA and Ryanair regarding refunds for customers.

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

My Lords, the investigation by the Competition and Markets Authority into British Airways and Ryanair is ongoing. It would be inappropriate for the Government to comment on an ongoing investigation by an independent regulator, but we have been clear that the rights of consumers and the obligations of businesses remain unchanged. It should not be unduly difficult for customers to receive a refund when they are entitled to it.

[Baroness Randerson (LD)]

One struggles to think of another product where customers pay such a high price so far in advance of receiving a service. Yet some airlines have, as the Minister has indicated, avoided making refunds when they could not deliver that service. This has left not only passengers out of pocket but has had a disastrous impact on travel agents who often have to refund their customers without receiving the fare money back from the airlines. Have the Government investigated any of the proposals from Which? that passengers who have paid in advance for their flights should have their payments held safely in trust and disbursed to airlines at the time of the flight? Does the Minister agree that a resolution to this problem is long overdue and that the actions of a small number of airlines are damaging the industry as a whole?

[Baroness Vere of Norbiton (Con)]

The Government are taking a keen interest in this issue, but it should be noted that refund issues between airlines and travel agents are a contractual matter between those two businesses. The Civil Aviation Authority does not have a role in enforcing such contracts. On the action we are taking on behalf of consumers, the CAA has reviewed airlines’ compliance on refunds. The authority did this last summer and it has since worked collaboratively with airlines to improve their performance. I am pleased to say that most airlines are now paying refunds within seven days.

Britain’s Railways

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 24th May 2021 Lords Chamber

[Baroness Randerson (LD)]

My Lords, I strongly welcome this long-overdue plan for reform and thank Keith Williams for his work on this. My only regret is that it has taken this long to get here. The industry has been crying out for reform for many years; one in three trains was late in the last year before the pandemic and two-thirds of contracts since 2012 have been awarded to single bidders—hardly a sign of a vibrant, competitive industry.

However, unlike some, I do not believe that the answer lies in a return to British Rail, which ended in stagnation and closures and as the butt of rather predictable jokes. This Statement harks back to the glory days of the 19th century, but the last 60 years have all been a bit of a mess. For a long time, the Transport for London contract structure has been touted as the answer, with the appropriate balance of risk for private contractors yet a fully integrated service. However, Transport for London has said publicly that it took it two decades of experience to get to the ideal contract model.

This is welcome, but it does not mean it will be easy—I do not for a minute imagine that the Minister thinks it will. The sheer scale of the thing is a problem. Great British Railways will be a massive organisation, bringing together Network Rail, many other DfT functions and some of the Rail Delivery Group functions. Currently DfT has three director-generals to cover rail services alone. The new organisation will be enormous and complex, and freedom from direct government interference will be essential for success.

The first problem is that, despite the name, Great British Railways is not really British, because it does not cover most of Scotland, Wales, Northern Ireland or London. Those have devolved services. So, my question is an important one: how will GBR liaise and link in with those other services? It is essential that that link is smooth and coherent. And what about the devolution of services to local authorities, which has been encouraged lately? Local authorities can add a great deal to the standard of service. There must be a role for them in order to raise the threshold. I rather feel that the word “Great” will be at the mercy of headline writers the first time something goes wrong—but I think there is the potential to get a coherent picture of the whole, so long as devolution is taken fully into account.

In interviews, the Secretary of State has indicated the likelihood of fare rises. First, how much power will the Department for Transport have to intervene and dictate fare rises? Secondly, is it wise to raise fares at a time when the Government are trying to reduce emissions and rail services are desperately trying to attract passengers back after the pandemic? Fares are up 50% in real terms since 1997; they are the most expensive in Europe. I welcome the details on flexible season tickets and other long-overdue innovations, but the Government predict savings of £1.5 billion within five years—so are fare rises justified?

The Minister will tell us again that taxpayers have subsidised the railways to the tune of billions of pounds in the last year. In fact, they have subsidised train operating companies, not the passengers themselves. Taxpayers also subsidised Eat Out to Help Out, but the Government are not expecting restaurant customers to pay more now to refill government coffers. So I put in a plea: rather than raising fares, now is the time to reduce them for a short period, to lure people back on to the railways and, as new travel and working patterns emerge, to encourage new leisure rail users?

Finally, freight. The combination of recentralisation, better co-ordination and the current lower passenger numbers provides a big opportunity for bold steps to improve and increase freight services. But that needs capital investment, too; will we get it?

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

I thank the noble Lord, Lord Rosser, and the noble Baroness, Lady Randerson, for their generally—I think—fairly positive welcome for these proposals. The noble Lord, Lord Rosser, had a long list of Great British XYZ, and perhaps I may say, as we come out of restrictions, I feel we have a Great British bounce back coming along. So, what are we going to do about our railways and Great British Railways, which will be one of the “Great Britishes” that will be so important to us as we go forward?

The noble Lord, Lord Rosser, seemed to be a little bit muted on the subject of the changes we have proposed. I do believe that we are proposing a once-in-a-generation change. It will be a massive transformation of the current way our railways operate, and it will lead to very significant improvements in service to passengers. But the noble Baroness, Lady Randerson, is absolutely right: it will not be easy. This is a national infrastructure with national services; it is hugely complicated now and will continue to be in the future. We know that. It will not be easy.

So the scale of transformation will have to be taken in bite-size pieces, and we will have to think about how the development of these phases will happen. Andrew Haines, who, as we all know, is the current chief executive of Network Rail and a well-respected industry leader, will be developing these interim arrangements for Great British Railways. It is important we do that. We could not have done it before because we had not announced the White Paper, and we will be establishing phases for the delivery of Great British Railways and all the phases that have to happen in between. We will be working collectively and collaboratively with the sector, and that is really important.

On the DfT side, I am well aware that there are an enormous number of very talented people in rail. We will continue to support Great British Railways as much as is needed in the short term. The DfT will establish the rail transformation programme, which will assist Andrew Haines and the wider sector as we make these changes.

The noble Lord, Lord Rosser, talked about how the blame for delays will not disappear. I agree. I asked exactly the same question about big birds and little birds, and whether you could be blamed for one and not the other. I am reassured that it will be vastly simplified and will not be as complicated and long-winded as it is now.

The noble Lord went on to mention the incentives regime. It is important that we have a really firm and accountable incentives regime, because we must lift the quality of services for the passenger. Therefore, we will incentivise high-quality, punctual services. We will ask operators to manage costs and to attract passengers. From a ministerial perspective, we will hold Great British Railways to account and it will hold the holders of the passenger service contracts to account via statutory powers and the ability to issue binding guidance—for example, on any of the elements the noble Lord mentioned.

We believe that there should continue to be private sector investment in rolling stock, but the noble Lord highlighted the slight tension that exists. We will ask Great British Railways to take a strategic approach to the overarching issue of rolling stock. It will look at supply chain sustainability, for example, and how to generate high-value jobs in the UK, but the TOCs will still be responsible for procuring value from the market and improving the passenger experience when the trains are running.

Devolution is a very important part of improving our transport system. I am speaking specifically about devolution to the local transport authorities. That would include the metro mayors. We are extremely keen to work with the metro mayors on devolution. The White Paper publication is a significant landmark as we start the process of these implementing reforms, but it is obvious that they cannot be devolved immediately. We will work together to think about how the structures with the metro mayors and the smaller local transport authorities will work and where they will be able to take a greater level of control of the services in their area.

Scotland and Wales are both extremely important in this regard. Both will exercise their existing powers and be accountable for them. The infrastructure is, of course, all owned by Great British Railways, with the exception of some of the valley lines in Wales, and we will work in partnership with Transport Scotland and Transport for Wales. We would expect a good relationship with them, because it is so important for the services to improve.

Great British Railways will have a five-year business plan, which will be drafted in the context of a 30-year strategy. It will set out the infrastructure funding settlement for that five years and the level of operational subsidy. This will give certainty and stability to the network as a whole.

The noble Baroness mentioned fare rises. I suspect that my Secretary of State would not rule them out, but we have to simplify the current mass of ticketing options and prices and the endless bits of paper that you have to carry around with you. We will look to introduce more pay-as-you-go, more contactless payment and more digital ticketing as soon as possible.

The noble Baroness mentioned some short-term incentives to get people back on to the trains. The Department for Transport has commissioned Network Rail to look at this. It has set up the rail revenue recovery group, which we will look to for advice on short-term and long-term interventions on fares. This links back into the recovery in demand, because we want people to come back to the trains and we hope that the number of passengers will grow further. Financial sustainability is linked to demand but not necessarily on a very firm basis, because it depends on how much passengers are paying.

Therefore, it is the case that we have to make sure that our railways are financially sustainable in the long term. On one side, we will look at how we can improve services to passengers, as well as at fares, and on the other side we have to look at how we will modernise the system with regard to some areas where there might be changes to the ways in which people work. We want to develop skills and perhaps use them more effectively within the system. That will be up to the industry, working with the unions, to develop the best and most highly-skilled workforce that we can for our industry.

I hope that I have been able to answer the questions asked by the noble Lord and the noble Baroness. I thank them genuinely for their positive engagement, and I am sure that there will be more questions to come. I look forward to comments and questions from all noble Lords, and I hope that they will consider joining me at the all-Peers briefing section with the Rail Minister on Wednesday.

Transport Decarbonisation Strategy

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 19th May 2021 Lords Chamber

[Baroness Randerson]

To ask Her Majesty’s Government when they plan to publish their transport decarbonisation strategy.

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

My Lords, we are working hard to finalise our bold and ambitious plan to decarbonise transport and expect to publish it shortly. We need to go further and faster to tackle emissions from the transport sector. The transport decarbonisation plan will set out a credible pathway to delivering transport’s contribution to carbon budgets and net zero by 2050.

[Baroness Randerson (LD)]

I am glad that we will hear the details of the decarbonisation policy soon. Do the Government accept expert evidence given to the citizens’ Climate Assembly last year that to reach absolute zero by 2050 there has to be a two-pronged approach to road traffic: vehicle electrification and a reduction in car miles of between 2% and 4% a year? Previous government predictions have been for an increase in car miles. In the light of this new evidence, will the Minister reconsider the Government’s £27 billion road-building programme, which academics have recently criticised as being up to 100 times more carbon intensive than government predictions?

[Baroness Vere of Norbiton (Con)]

I reassure the noble Baroness that the £27 billion figure is not a road-building programme; it includes operating and maintenance of the strategic road network. She mentioned a two-pronged approach; this Government are taking a three-pronged approach, which we feel is better. The first area is technological improvements; for example, HGVs are very difficult to decarbonise, so we are going to spend £20 million on a zero-emission freight trial. The second area is regulation, where we are going to ban the sale of diesel vehicles from 2030. The third area is new behaviours—a modal shift. How do we get people on to public transport, cycling and walking?

Railway Industry Association Report

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 18th May 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My noble friend is quite right. Indeed, the Rail Industry Association report in 2019 set out that one of the root causes of the challenges of electrification was the 20-year hiatus that had previously occurred in the electrification projects, which led to a loss of specialist knowledge. But we are looking at the supply side of this to bring forward the rolling programme of electrification; I specifically point my noble friend to the Traction Decarbonisation Network Strategy, which has a lot of information about the supply side. We are confident that, if we have the right programme in place, we can not only use the existing supply-side skills and expertise but grow them for the future.

[Baroness Randerson (LD)]

Does the Minister agree that all the options in this report are better than diesel trains, which are just as bad as diesel cars for the environment and health? Can she therefore explain why the Government have fixed 2030 as the year to phase out all diesel cars while they are still promoting hybrid trains, which are of course simply diesel trains for large parts of their journey?

[Baroness Vere of Norbiton (Con)]

The noble Baroness will be well aware that decarbonisation of different modes has to happen at different speeds. For example, the reality on the railway network is that freight is a challenge, because it takes much higher levels of energy to pull freight cars along. Therefore, it is right that we look at each mode and try to decarbonise them as quickly as we can, and that is what we will set out in our transport decarbonisation plan.

Rail Disruption: Social and Economic Impacts

Debate between Baroness Vere of Norbiton and Baroness Randerson

Thursday 13th May 2021 Lords Chamber

[Baroness Randerson]

To ask Her Majesty’s Government what assessment they have made of the social and economic impacts of disruption to services following the withdrawal of some Hitachi high-speed trains being removed from service after defects were discovered in them.

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

My Lords, the vast majority of services across the national rail network are unaffected. The trains affected are Hitachi Class 800 series units operated by Great Western Railway on intercity services as well as some LNER services, Hull Trains services and a small number of TransPennine Express services. Most of the services used by schoolchildren and local workers are local services which have not been affected by this issue. The Government have asked operators to prioritise services used by schoolchildren where possible.

[Baroness Randerson (LD) [V]]

I thank the Minister for that Answer and I appreciate the amount of joint working that has taken place to enable some replacement services to run. The abrupt and total withdrawal of Hitachi trains from several routes caused massive disruption to passengers and businesses in some regions. It is an added blow to train operators, which had hoped to be attracting passengers back on to services. This is a crucial time as we establish fresh working patterns and the Government need to lure us back on to public transport. This appears to be an expensive design or manufacturing error.

Does the Minister agree that it is essential the cost is not borne by train operators, passengers or taxpayers? If so, are the Government in discussions with Hitachi about this issue? What steps do the Government intend to take to compensate the businesses and passengers affected? Does she agree that the Government need to fund a promotional period of reduced fares to attract passengers back on to the services, which have been so badly affected?

[Baroness Vere of Norbiton (Con)]

My Lords, the agreements in place to use the affected trains contain provisions that protect the taxpayer. We expect those who have contractual performance and train availability obligations to fully compensate the taxpayer.

Transport: Zero Carbon Target

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 27th April 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I am afraid I have not read the report to which the noble Viscount refers. But it seems obvious that, over time, motors et cetera will become more efficient. It could be therefore that the amount of energy used will decline on a relative basis. The Government are also focused on flexibility. Flexibility is key, which is why we need smart technology that will centre on storage, demand-side responses and interconnectors to make sure we get the power to where it needs to be when it needs to be there.

[Baroness Randerson (LD) [V]]

My Lords, the number of electric vehicle charging points on motorways is already inadequate. To achieve the Government’s targets for increasing EV sales, there must be a massive expansion of the number of motorway charging points, but motorway services are often in rural areas where the electricity grid is already stretched. What work have the Government done so far to ensure that motorway service stations will have the electrical capacity that they will require, and what specifically do they plan to do in the next two years?

E-Scooters

Debate between Baroness Vere of Norbiton and Baroness Randerson

Thursday 22nd April 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My Lords, the Government believe that e-scooters, if used in the right way, have great potential and could encourage modal shift away from the car. That is why we are doing these trials. I am delighted that Birmingham has decided to be forward-thinking, as I would expect of it, and to take up the opportunity for a trial. A lot goes into place when a trial is established; there is careful liaison with the local police and the operator. A key concern is to make sure that the scooters are put back where they belong, and we are very focused on that with each of the operators.

[Baroness Randerson (LD) [V]]

My Lords, will the Minister undertake to introduce lessons on the safe use of electric scooters as part of road safety education in schools, when the Government get to the point of making decisions on how they should be operated in the future? Can she also undertake that charities representing the disabled will be fully consulted before the Government make final decisions?

[Baroness Vere of Norbiton (Con)]

I can certainly guarantee the latter: we will be consulting all sorts of people, when we make the final decision on the trials. As I noted, the trials are in place. I cannot go into the hypothetical of what might happen if the Government might do something in the future. However, at the moment, users of the trials get instructions from the app about their use. There are stickers on the scooters reminding people to stay off the pavements and about the areas where the scooters can be used. Some operators have advanced training modules and incentives for users to complete them.

Transport for London: Financial Settlement

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 2nd March 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

The noble Lord is right that London will play a very important part in the economic future of our nation; in 2018 it made 23% of UK GDP. But while much of the funding for Transport for London comes from passenger revenues, there are other routes by which it gets money; for example, business rates retention, which is a retention which would otherwise have gone to Her Majesty’s Government. So one might assume that there is a broad breadth of sources of funding for TfL, but I agree—the Government want to support London’s recovery and we want to keep the capital moving.

[Baroness Randerson (LD) [V]]

My Lords, train operating companies have received billions of pounds from the start of the pandemic to keep trains running, with minimal requirements in return. Why has Transport for London not been treated with the same generosity, and why are the Government determined to dictate the minute details of the way services are run, which they have not done on railways elsewhere? Surely this could not be political.

[Baroness Vere of Norbiton (Con)]

My Lords, TfL has also received billions of pounds over the Covid pandemic. I am not sure where the noble Baroness is getting her information from about the differential between the conditions that are put on the train operating companies and on TfL. The Government make demands on the train operating companies. We work incredibly closely with them on, for example, what the level of services should be and whether engineering works should take place. We put significant conditions on our support for them. We put some conditions on TfL support, such as looking at the future of driverless trains and increasing efficiency targets. All these things are perfectly reasonable.

Rail Freight: Channel Tunnel

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 24th February 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

The noble Lord will know that whether a consignment uses conventional rail freight or an HGV will very much depend on the nature of the goods being transported. Conventional rail freight is more often used for more dense goods, such as those from the steel and automotive sectors and other bulk goods. But, as I have already said, there is capacity to increase conventional rail freight through the Channel Tunnel and we look forward to those who wish to do so.

[Baroness Randerson (LD) [V]]

My Lords, Eurostar also goes through the tunnel and is in serious financial difficulty, yet the Secretary of State says that it is not his company to save. Well, neither are the domestic train operators that have received billions in government support. Does the Minister accept that, although the Government may not have a legal obligation to Eurostar, they have a moral duty to the planet to ensure the survival of this environmentally friendly alternative to flying to Europe?

[Baroness Vere of Norbiton (Con)]

The Government continue to discuss Eurostar’s financial situation with the French Government. At the moment there are no proposals on the table.

HS2: Phase 2B

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 8th February 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

The noble Lord is completely right—this project is about connectivity and capacity, and the connectivity strand is about connectivity throughout the country. HS2 provides a wonderful opportunity to create a high-speed rail spine down the centre of the country which will benefit both the cities it connects and the local communities beyond them.

[Baroness Randerson (LD) [V]]

My Lords, this Government made manifesto promises on levelling up the north-east and produced a prospectus called HS2: Getting the Best out of Yorkshire. I have listened carefully to the Minister’s words today; can she tell us the timescale for legislation to allow the HS2 eastern leg to go forward? Can she unequivocally confirm that that will be happening?

[Baroness Vere of Norbiton (Con)]

The noble Baroness has been in this House long enough to know that I cannot possibly confirm that, because of course to have legislation, particularly a very complicated hybrid Bill, there are a number of steps that we have go through beforehand. One of those steps will be the publication of the integrated rail plan. It will be published in early 2021—so, very shortly—and in it we will set out exactly what we will do for the eastern leg and how we will integrate it with plans for Northern Powerhouse Rail and Midlands Engine Rail.

Rail Fares: Flexi-season Tickets

Debate between Baroness Vere of Norbiton and Baroness Randerson

Thursday 4th February 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I somewhat agree with my noble friend in that, if this were being done in purely commercial terms, that would be the case, and we certainly want to minimise the amount of subsidy from the taxpayer where appropriate. However, the state might also want to intervene for other reasons and use pricing levers; for example, to encourage modal shift and get people out of their cars and on to the rail, particularly for certain types of journeys, and that might include commuting.

[Baroness Randerson (LD) [V]]

My Lords, the roads are congested and the trains are empty. Does the Minister accept that, as this report shows, passengers will return to the railways only if there is reform and modernisation of ticketing that offers better value for money? As the Government now control the railways, does she accept that the Government need a greater sense of urgency in this modernisation?

[Baroness Vere of Norbiton (Con)]

I am afraid the Government do not accept that. We are undertaking rail reform. As the noble Baroness will know, now is probably not the right time to do it, in the midst of a pandemic, but as the course of the pandemic becomes much clearer, we will continue to work, as we have done for quite a while now, with Keith Williams on his root and branch review. We remain in close contact with him and he fully supports the ERMAs we have put in recently. The noble Baroness also said that the roads are congested. I do not know whether she has been outside recently, but they are not.

UK Logistics Industry

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 1st February 2021 Lords Chamber

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

My Lords, the Government have been working closely with the logistics industry over a number of years to understand and minimise the potential impacts of transition, updating assumptions and refining the Government’s policy and support as new information has become available. In response, we have rolled out a multimillion-pound haulier communications campaign and opened 46 information and advice sites around the UK.

[Baroness Randerson (LD) [V]]

My Lords, the Government refuse to properly fund the essential new border infrastructure at our ports to minimise delays caused by the new Brexit red tape. Does the Minister accept the massive impact this is having on the haulage industry and on import and export businesses generally? Can she explain why the Government are not fully funding the border changes needed to reduce delays?

[Baroness Vere of Norbiton (Con)]

I am struggling to understand the evidence behind the noble Baroness’s question. On the funding side, the Government have made available up to £200 million from the Port Infrastructure Fund, which was set aside and given to ports specifically for the things that she has outlined. On the customs side, the Government have made available up to £80 million of support for IT training and recruitment. She talks about delays for hauliers but there are very few such delays at the moment, as the empty car parks in Kent will attest.

Air Traffic Management and Unmanned Aircraft Bill [HL]

Debate between Baroness Vere of Norbiton and Baroness Randerson

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Thursday 21st January 2021 Lords Chamber

[Baroness Randerson (LD) [V]]

My Lords, our airspace modernisation is a complex but necessary process. It is necessary in the modern world because it enables environmental gains in an industry increasingly under fire for its emissions and where the technological solutions are much more long term than they are in the case of, for example, road vehicles. However, as the noble Lord, Lord Tunnicliffe, has just pointed out, one person’s gain is often another person’s loss. These are useful amendments because there is a real fear of a potential conflict between airports as the modernisation process goes forward.

In Committee, I mentioned that Stansted and Luton airports, for example, are very close geographically. It is not impossible to imagine that what would help Stansted might deprive Luton; for example, a potential airspace route that would cost it money in terms of potential for new services. Since the Committee stage, airports have found themselves in great financial difficulty because of travel restrictions. These amendments are therefore designed to ensure what I assume is an even-handed approach from the Secretary of State down through the CAA and the Airspace Change Organising Group.

The Airport Operators Association remains concerned about the funding of this issue—I raised that in the last group and was delighted to hear that the Minister has agreed to deal with it in her response here. When this matter was raised previously by the Airport Operators Association, the Aviation Minister suggested three sources of funding in a situation where one airport was going to win at the expense of another. The first suggestion was that alternative sponsors might pay. I would be grateful if the Minister would explain exactly what is intended with that proposal.

The second suggestion from the Aviation Minister was that funding might come from the £10-million airspace modernisation fund. That sounds fine but it is actually a relatively small sum so I would be grateful if the Minister could explain whether that is a fixed sum or extra funding would potentially be available.

Thirdly, there was a suggestion of government funding on a case-by-case basis. If the Government have any further thoughts on this, it would be really good to hear them at this stage. I hope that the Minister can put the Government’s intentions on record today to clarify these issues.

[Baroness Vere of Norbiton (Con)]

My Lords, the purpose of this group of amendments is to enable compensation for the recipient of a direction if the airspace change is predominantly or wholly for the benefit of a third party and if issuing a direction would lead to adverse financial impacts. Amendments 3 and 7 would also allow the Secretary of State to recover the cost of the compensation from the third party.

It is important for me to be clear up front that, while we recognise the severe impact that Covid-19 is having on the aviation sector, the “user pays” policy principle is an important one: those who stand to benefit from airspace change should pay for the costs of such a change. In the light of the pandemic and its effects on the aviation industry, most airports have paused their work on airspace change. However, airspace modernisation remains critical to deliver additional capacity and improve access to airspace for different users; it also brings environmental benefits by reducing emissions.

Therefore, the Government have asked the Airspace Change Organising Group—ACOG—to revisit the master plan for airspace change in this light to ensure that the benefits of the programme are realised and that the investment already made is not lost. In July last year, ACOG published a report on remobilising airspace change. It included 10 recommendations aiming to ensure that the programme advances, while recognising the financial pressures faced by airports and the industry.

The DfT and the CAA immediately accepted recommendations 1, 2 and 4. First, we will ask ACOG to establish clear protocols for the airports that are able to resume work on airspace change, how we engage with those where work has paused and the exit process for those that decide to opt out of the programme, subject to their criticality to the programme as a whole. Secondly, we will ask NERL and ACOG to work together to re-evaluate NERL’s 2018 feasibility report into airspace modernisation to identify the core set of airport-led airspace changes that will be required in the post-Covid world. Lastly, in the short term, the CAA will work with ACOG to ensure that work on airspace change that can still progress does not conflict with or constrain the broader programme.

Officials continue to work closely with the CAA to consider the remaining seven recommendations. One of these includes funding to tackle the short-term airspace change proposal—ACP—funding gaps potentially created by Covid-19. In the light of the pandemic, we recognise that the timescales in which airspace modernisation will take place will necessarily change. ACOG therefore plans to develop the future iteration of the airspace modernisation master plan in 2021.

The powers in the Bill are tied to the airspace modernisation strategy—the AMS—and the master plan. The Secretary of State could make a direction only to persons involved in airspace change based on this strategy. Therefore, it follows that there are no plans to use these powers in the near future while the industry recovers from the pandemic. As I have said, the need to modernise the UK’s airspace has not changed. We will need these powers in future once the master plan has been developed and the modernisation programme has been restarted to ensure that the strategy can be implemented in the years to come.

The Government recognise that there may be occasions when a small airport, or another person involved in airspace change, may require financial assistance to carry out some aspects of an ACP. We expect the CAA’s oversight team to work with the potential sponsor before recommending that the Secretary of State uses the powers to direct an ACP. At this early stage, if the potential sponsor expressed concerns that it did not have sufficient funding to proceed with a particular ACP, we would expect the oversight team to work with the potential sponsor to suggest alternative solutions.

--- Later in debate ---

[Baroness Vere of Norbiton (Con)]

My Lords, I thank the noble Lord, Lord Tunnicliffe, NATS and the CAA for their very constructive engagement on this issue, which has resulted in these government amendments. In moving Amendment 12 I will speak also to Amendment 21.

Amendment 12 seeks to amend Section 34 of the Transport Act 2000 to give the CAA greater flexibility to consider representations about an alleged or apprehended contravention—or a complaint—and to ensure that resources are used effectively. Section 34 of the Transport Act 2000 currently places an obligation on the CAA to investigate a complaint if the representation is made by—or on behalf of—a person who appears to have an interest. While this obligation does not apply if the representation appears to the CAA to be frivolous or vexatious, in practice this section as currently worded gives the CAA little discretion not to commence formal investigations. As a result, the licence holder and CAA may be presented with a considerable burden when engaging with an investigation which could potentially have serious resource implications, even where the CAA then decides not to take further enforcement action.

Amendment 12 will provide clarity and flexibility for the CAA and stakeholders as to when investigations should be commenced. This will reduce the potential for unnecessary investigations which have no material effect—or which result in no enforcement action being taken—without watering down the CAA’s powers, or the ability of parties to raise a complaint. The CAA will publish updated enforcement guidance, which can refer to the application of Section 34.

Amendment 21 is a minor, consequential amendment. The Bill already makes a consequential amendment to Section 34 of the Transport Act 2000. That provision would have changed the current reference in Section 34 from “condition of a licence” to “licence condition”. As Section 34 is being amended more substantively, that consequential amendment is no longer required.

I turn briefly to Amendment 19, tabled by the noble Lord, Lord Tunnicliffe. I am grateful to the noble Lord for engaging with this. Amendment 19 seeks to ensure that the CAA would impose penalties on the licence holder, NERL, only where the contravention of the licence or Section 8 duty is serious, and it was deemed proportionate to do so. Following extensive engagement with NERL and detailed consideration, the Government are of the view that this amendment is not necessary. There are already sufficient legal checks and balances contained in the Bill, as well as through policy and guidance, to prevent disproportionate fines being levied on a licence holder.

The proposed amendment would also depart from the approach taken in the equivalent provision in the Civil Aviation Act 2012, meaning that the threshold for imposing a penalty relating to NERL would be higher than that for an airport’s economic licence. This would create a disparity in CAA enforcement across the sector. I do, however, appreciate the importance of considering the seriousness of the contravention, along with the proportionality of imposing a fine, and I will take this opportunity to reassure noble Lords of what provision has already been made.

First, the power of the CAA to impose a penalty is discretionary, and it would do so only for the most serious contraventions or as a matter of last resort. All regulators, including the CAA, are already required to consider the better regulation agenda—as well as the Macrory principles of better enforcement—in exercising their regulatory and enforcement functions. The Macrory principles explicitly state that enforcement must be proportionate to the nature of the offence and to the harm caused. In practice, proportionality will be considered at every stage of a stepped process to enforcement, which will be set out in the CAA’s enforcement guidance and statement of policy on penalties. The CAA is required to consult relevant stakeholders on the latter. The CAA will decide whether to impose a penalty, and the level of penalty, by assessing the seriousness and harm caused to users by the contravention, through the lens of its statutory duties under the Transport Act 2000.

If the CAA were to propose a penalty on the licence holder, the Bill contains procedural safeguards, in the form of consultation with the licence holder, before the penalty could be imposed. This would give the licence holder the opportunity to highlight the steps it is taking to mitigate the contravention. The CAA would consider all stakeholder representations ahead of imposing a penalty. If the licence holder were to disagree with an imposed penalty, they could appeal to the Competition Appeal Tribunal, which would have to have regard to the financeability duty imposed on the CAA under Section 2 of the Transport Act 2000. This approach is broadly aligned with equivalent provisions in the Civil Aviation Act 2012. The Government’s decision to modernise the air traffic licensing regime recognised that appropriate alignment with similar regulatory regimes would provide stakeholders with greater clarity and certainty and assist the CAA in exercising its regulatory functions and statutory duties in a more effective manner.

Turning to Amendment 20, I think we are agreed that the CAA should have a discretionary power to investigate complaints under Section 34, as set out in Amendment 12. It would therefore be inconsistent to narrow the power for the CAA to obtain information in relation to Section 34. I beg to move.

[Baroness Randerson (LD) [V]]

My Lords, these amendments relate to the CAA’s function to investigate complaints over breaches of licence conditions. Since the CAA has considerable powers, any limitation of those powers needs to be carefully balanced. There are concerns within various parts of the aviation industry about how the dual role of the CAA effectively operates in relation to these issues.

I regret that I am speaking before the noble Lord, Lord Tunnicliffe, because I want to listen carefully to the thoughts behind his amendments. It is important to fully understand the purpose of Amendment 20 in narrowing the power to obtain information. I believe it is in the spirit of the other limitations within this group of amendments, which seem entirely sensible.

--- Later in debate ---

[Baroness Randerson (LD) [V]]

My Lords, like the noble Lord, Lord Tunnicliffe, I have grappled with all these amendments. I wondered whether what seemed minor and technical to me might seem very significant to someone working in the industry. I thank the Minister and her officials for their thorough briefings. However, this all shines a light on the unsatisfactory situation with this Bill—a major tranche of amendments has been produced because of the time that has elapsed.

I support the points made by the noble Lord, Lord Balfe. They underline the need for a much more comprehensive approach and review. Although my amendment was narrowly lost, I hope the Minister will bear in mind the points I have made and the need to look more comprehensively at this in the near future.

As the noble Lord, Lord Balfe, said, as ever, the views of BALPA must hold great weight. It is important that safety is at the forefront of our minds, on all these issues. But because this is a diverse, complex and fast-changing subject, only people actually working in the industry are able to spot the problems when they first appear.

I agree with the noble Lord, Lord Tunnicliffe. I cannot see anything here which is not detailed and technical. Therefore, I have no objections to the amendments.

[Baroness Vere of Norbiton (Con)]

I thank noble Lords for their short interventions on this debate. Turning first to the comments of my noble friend Lord Balfe, I will, of course, take them back to the department and consider them further.

Turning to the points made by the noble Lord, Lord Tunnicliffe—I see his maths degree and I raise him an engineering degree. And I am the ultimate pedant. However, what is minor and technical to one person is not minor and technical to another; indeed, that was pointed out by the noble Baroness, Lady Randerson. When it comes to my letter to him, where I said “in most cases” and “largely”, I think I was just trying to cover my bases. The reality is that they are minor and technical. Where they are slightly not minor and technical—perhaps a bit borderline—I tried to bring that out in my 12-minute speech, particularly where there have been changes. For example, the implementing regulation has introduced some changes from the status quo ante; it is a slightly different regime. I suppose that, although they are technical amendments to make it all match up, perhaps they may be on the large end of minor. But I reassure him that I too have found nothing that I could not describe as minor or technical and, on that basis, I commend the amendment to the House.

Railways: Electrification

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 19th January 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My Lords, these things take a long time not because of delays but because of all the quite correct processes that these schemes need to go through. The noble Lord points out that the Government need a long-term electrification plan. That is exactly what the rail network enhancements pipeline is: it looks at all the potential schemes, prioritises those that produce the best overall benefits and secures value for money for the taxpayer.

[Baroness Randerson (LD) [V]]

My Lords, as the Minister has just said, emissions from diesel trains have an impact on the health of staff and passengers waiting at stations, especially large enclosed stations. What regular monitoring is undertaken of emissions levels in stations to ensure that rules on the operation of diesel engines are followed?

[Baroness Vere of Norbiton (Con)]

As I mentioned in response to a previous question, the industry is well aware that emissions consist of not just carbon but particulates as well, and these will impact passengers and staff at large stations, particularly the enclosed ones, as the noble Baroness notes. I do not have details of the exact monitoring that takes place—I am fairly sure that it does take place—but I will write to her with further details.

Airports National Policy Statement

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 18th January 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

The noble Lord is absolutely right that HS2 will provide huge benefits and may well lead to some people choosing to make a domestic train journey rather than taking a domestic flight. He is also right that it connects Birmingham Airport to north-west London in particular; I am sure the residents there will appreciate that.

[Baroness Randerson (LD) [V]]

Within the transport industries there is a growing consensus that travel patterns will change post-pandemic, with greater emphasis on leisure travel. Some 60% of Heathrow’s customers were business passengers, but we all use Zoom now. Heathrow expansion was already a white elephant before the pandemic. Does the Minister accept that it must now be reassessed, applying modern environmental standards?

[Baroness Vere of Norbiton (Con)]

Any expansion by Heathrow would already be assessed according to modern environmental standards because, of course, the ANPS is future-proof: London Heathrow must show that its plans are compatible with updated carbon targets and international obligations before it can obtain a DCO for the project.

P&O Ferries

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 5th January 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

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

[Baroness Randerson (LD) [V]]

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

[Baroness Vere of Norbiton (Con)]

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

Freight Industry: Delays

Debate between Baroness Vere of Norbiton and Baroness Randerson

Thursday 17th December 2020 Lords Chamber

[Baroness Randerson]

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

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

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

[Baroness Randerson (LD) [V]]

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

[Baroness Vere of Norbiton (Con)]

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

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

Heathrow Airport Expansion

Debate between Baroness Vere of Norbiton and Baroness Randerson

Thursday 17th December 2020 Lords Chamber

[Baroness Vere of Norbiton (Con)]

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

[Baroness Randerson (LD) [V]]

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

[Baroness Vere of Norbiton (Con)]

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

National Bus Strategy

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 16th December 2020 Lords Chamber

[Baroness Vere of Norbiton (Con)]

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

[Baroness Randerson (LD) [V]]

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

[Baroness Vere of Norbiton (Con)]

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

Belfast International Airport

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 2nd December 2020 Lords Chamber

[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.

High Speed Rail (West Midlands–Crewe) Bill

Debate between Baroness Vere of Norbiton and Baroness Randerson

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

[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.

Railways: Fare Structures

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 17th November 2020 Lords Chamber

[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.

High Speed Rail (West Midlands-Crewe) Bill

Debate between Baroness Vere of Norbiton and Baroness Randerson

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords & Committee: 2nd sitting : House of Lords & Committee: 2nd sitting
Thursday 12th November 2020 Grand Committee

[Baroness Vere of Norbiton (Con)]

I thank my noble friend Lady Gardner for joining the Committee and sharing her thoughts with us. I am pleased that she supports HS2. She raised some issues about Birmingham, and I do not have the information to hand. I will write to her with further information about connectivity and the issues she raised about access to Birmingham Curzon Street.

[Baroness Randerson (LD) [V]]

My Lords, I thank all noble Lords who participated in this short debate, particularly the noble Lord, Lord Adonis, for the impetus he has provided to us all with his points about the eastern leg and the whole issue of connectivity. As the noble Lord, Lord Berkeley, pointed out, the importance of getting across the Pennines is one of the main points here. He also emphasised the demand for shorter-distance travel, which, of course, is what is freed up on existing lines by the building of HS2.

The amendment of the noble Lord, Lord Rosser, deals specifically with issues in Shropshire and Staffordshire, and we might return to that later in the debate on road transport. There is clearly a very important need to improve transport links there. I say to the Minister, who said she wanted to stick to phase 2a: some of the examples I gave her from the Midlands Engine deal specifically with phase 1 and phase 2a and initiatives that flow from the existence of phase 2a. I am disappointed that she has failed to address in detail the point of my amendment, which is to force continued planning on HS2 as we move forward, and to integrate HS2 with other infrastructure developments in the areas through which it passes.

The rail industry is crying out for a smooth flow of future planning. It does not prosper from the stop-start approach, and there is a need for a smooth process in order to maintain skills and capacity within the industry generally. Having said that, I am happy to withdraw my amendment.

--- Later in debate ---

[Baroness Randerson (LD) [V]]

My Lords, the road traffic issue is one of the thorniest problems associated with this project. When you look at many of the objections or petitions to the Committee, they are actually objections to the building process. That is not surprising: people do not want heavy traffic going past their door when they are not used to it. On the one hand, of course, residents and environmental groups have pressed for more tunnels. There are expensive lengths of tunnels planned. However, with more tunnels and long tunnels, every mile of tunnel adds greatly to the amount of site traffic, with lorries having to remove soil as well, of course, as lorries carrying heavy equipment to the site.

A series of initiatives and techniques is proposed by HS2 to mitigate the impact of the traffic. However, I fear that the use of local roads—and the M6, for example —is bound to impact on travel times and convenience for people way beyond the area close to the line of the project. Schedule 17 ensures that construction routes are submitted to local planning authorities for approval, so I have some questions for the Minister. First, the Committee’s report says in paragraph 69:

“Construction routes used by large goods vehicles over 7.5 tonnes would require the approval of the local highway authority, except where they were using motorways or trunk roads and access to compounds with less than 24 two-way trips per day”.


That is 48 HGVs rolling past your window on a daily basis, which may not make much difference if you are on a major A road but would make a huge difference if you were on a quiet back road. Is this exception in relation to compounds, of the 24 two-way trips a day, a standard provision in construction contracts of this sort?

Secondly, given that it is the local planning authority that will make the decision on routes like this, what happens if the local planning authority withholds approval and cannot reach agreement with HS2 on a reasonable alternative route? Who then decides and where does the decision go? I hope that the Minister can provide us with some answers on that.

[Baroness Vere of Norbiton (Con)]

My Lords, the impact of the works on local communities is of critical importance to the Government, and I thank the noble Lord, Lord Rosser, for tabling his amendment to allow us to have this discussion.

The environmental statement for phase 2a runs to some 17,000 pages and, within it, there is set out in great detail the impact of the proposed scheme on local traffic levels. To manage traffic flow, the phase 2a Bill includes powers for the control of construction traffic, requiring qualifying authorities to approve the local roads to be used by large goods vehicles—and this was noted by the noble Baroness, Lady Randerson—where the number of large goods vehicles exceeds 24 trips per day, to or from a site. That is in total, yes, 48 trips, which over a 12-hour period is one every 15 minutes. The noble Baroness asked whether that was a standard provision in contracts. I shall have to write to her on that matter.

In addition, in the Bill there is a statutory duty on the nominated undertaker to have regard to the potential traffic disruption that may be caused and seek to minimise such disruption so far as reasonably practicable. I suspect that local communities will use that to make sure that action is taken, if there are measures that could be taken but which have not been taken.

As the project progresses and construction plans are finalised—and at the moment we should remember that this railway is not being built; there is no construction at all, so plans are still in development—local traffic management plans will be developed alongside these plans with local authorities, agreeing approaches to highways and public rights of way so that the impact on local communities is minimised.

Members of the public were able to petition the Bill Select Committees of both Houses. Further local mitigation measures have been introduced to the scheme to remove or reduce traffic and transport impacts on the basis of recommendations made by those Select Committees. In some cases, that included restricting and reducing construction traffic, maximising the use of rail and haul roads, and undertaking further traffic surveys.

The noble Lord, Lord Rosser, raised the village of Woore. I took some time to look at my phone and see on Google Maps where Woore is, and it is at the junction of the A51 and the A525. While I have every sympathy for those who will be impacted, because there will be an increase in traffic and construction traffic, it is not the case that at the moment they do not have any traffic going through their village, which is at the confluence of two A roads. We need to make sure that they get the sort of measures that they are expecting. My understanding is that there has been no failure of engagement with Woore and that traffic-calming measures have been offered. Perhaps there has been a mismanagement of expectation here. As construction plans are developed, traffic management plans can be developed; without them, we can have all the engagement in the world, but that will not actually achieve anything until there are construction plans to put into play.

I am sure that Minister Stephenson, when we meet him next week, will have something to say about his ongoing commitment to community engagement and how he intends to be involved with it, since it is a very important part of his work. In the meantime, I hope that the noble Lord feels able to withdraw his amendment.

Rural Bus Services

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 11th November 2020 Lords Chamber

[Baroness Randerson]

To ask Her Majesty’s Government what steps they plan to take to improve rural bus services.

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

My Lords, the Government are developing a national bus strategy to set out how national and local government and the private sector will come together to meet the needs of local communities, including those in rural areas. The Government have established a £20 million rural mobility fund to support demand-responsive services.

[Baroness Randerson (LD) [V]]

My Lords, over the last 10 years, around half of council-supported bus services have been lost. This has hit rural areas particularly badly. I am glad to hear from the Minister that the Government are taking some action on this, but do they accept that it is time to ensure that rural bus services do not disappear altogether and to look again at the deregulation arrangements introduced in 1986?

Covid-19: Transport for London

Debate between Baroness Vere of Norbiton and Baroness Randerson

Thursday 29th October 2020 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I assure the noble Lord that we want—as much as anybody else wants—London to have a safe, sustainable and reliable network. Obviously, there are issues to consider. In the short term, London’s revenues have been significantly impacted by the decline in passenger numbers. We have to make sure that, as we look to longer-term financial sustainability, not just UK taxpayers but Londoners support TfL.

[Baroness Randerson (LD) [V]]

The Government continue to warn the public to avoid public transport and work from home. Tube journeys, for instance, are down to about a third of their usual numbers. When the train operating companies were bailed out to the tune of £3.5 billion, similar terms to those that have been imposed on Londoners were not imposed on them. Can the Minister explain why Londoners, whether travelling by car or public transport, are subject to financial penalties not imposed elsewhere?

[Baroness Vere of Norbiton (Con)]

My Lords, train operating companies are not the same as TfL and a devolved public transport authority. Equivalent conditions or discussions cannot therefore be made because the two are not comparable. However, I assure the noble Baroness that the Government’s messaging has been to use public transport safely and has been that for quite some time.

Trains: East Midlands

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 19th October 2020 Lords Chamber

[Baroness Vere of Norbiton (Con)]

The Government take their relationship with Midlands Engine and Midlands Connect extremely seriously, and I have had a number of meetings with them. On transport for the east Midlands, the Transport Secretary, Grant Shapps, announced on 3 September a new collaborative agreement between local leaders in the east Midlands and the department. We have created two new posts within the department specifically for the east Midlands to provide a more influential role when it comes to rail service enhancement decisions.

[Baroness Randerson (LD) [V]]

My Lords, 79% of workers in the East Midlands travel to work by car, and only 1% by rail. Contrast this with London where 27% go by car and 46% by rail and Tube. London shows that that revolution is achievable. Does the Minister accept that to cope with road congestion, pollution, climate change and ill health the Government must prioritise investment now for much-improved commuter train services in the East Midlands? It needs a lot more than a three-minute time improvement; it needs a massive change of approach from the Government.

[Baroness Vere of Norbiton (Con)]

The Government are committed to making improvements to East Midlands commuter travel. The noble Baroness is absolutely right: if we are to get people out of their cars, we need them on the trains. Of course one of our priorities is improving the safety of staff and passengers on trains. We have extra staff to manage flows, extra signage and extra cleaning. I hope that she will agree that if people want to travel to work in the East Midlands by train, they should do so.

Covid-19: Transport Industry

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 6th October 2020 Lords Chamber

[Baroness Randerson]

To ask Her Majesty’s Government what additional support they plan to give to the transport industry to enable that industry to address the impact of the Covid-19 pandemic.

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

My Lords, the pandemic has had a significant impact on the transport industry. The Government recognise the key role that transport plays in supporting economic activity and maintaining social ties, which is why they have stepped in to support the industry where they can, to ensure that public transport is there for those who need it.

[Baroness Randerson (LD)]

Road traffic is back to pre-pandemic levels of congestion, while trains and buses are running almost empty. The Government are reorganising the rail industry but so far have provided only emergency funding for buses. Does the Minister accept that the commercial model for the bus industry was already failing before Covid-19? The Government now have the opportunity to create a green bus revolution. Will they reform subsidies to encourage environmental efficiency and give more powers to local authorities?

[Baroness Vere of Norbiton (Con)]

The noble Baroness may be interested to know that bus demand is currently running at about 55% of normal, which is encouraging, but she is quite right, and will know that we had always planned to do a bus strategy this year. Of course, we are starting from a very different place from where we had hoped to be, but it will include an awful lot of recovery work, as she so rightly outlined, and set out how we will get 4,000 zero-emission buses on our roads.

Covid-19: Aviation Sector

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 5th October 2020 Lords Chamber

[Baroness Randerson (LD)]

My Lords, airports are vital local employers and under severe pressure. Unlike airlines, they cannot just shut down services and have to remain operational for safety reasons, but they have very few paying customers and commercial flights. I ask the Minister again: will the Government just get on with it? Will they give them tailored support by cancelling business rates, which cost even small airports millions of pounds a year?

[Baroness Vere of Norbiton (Con)]

My Lords, the Chancellor recently announced the winter economic plan, which included extensions or adjustments to support for the sector which is already in place, so the Job Support Scheme comes online on 1 November and there is extension to the loan schemes. There are plenty of ways that airports can get support, and in the very final instance they could look at the Birch process but, of course, in those circumstances all other potential sources of finance must have been exhausted.

Holidays: Cancellations

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 30th September 2020 Lords Chamber

[Baroness Vere of Norbiton (Con)]

As the noble Lord will be well aware, the insurance industry is a commercial enterprise and will offer travel insurance to consumers where it is able to do so at a reasonable cost and undertaking a reasonable amount of risk. Of course, conversations with the travel industry and the travel insurance industry are ongoing.

[Baroness Randerson (LD)]

My Lords, some airlines have taken a very short-sighted approach by seeking to avoid repayments, but it is a sign that they are under severe financial pressure. I do not excuse their actions at all, but it is a symptom of a problem. The Government have provided tailored financial support to help the hospitality industry. When will they provide a package suitable for the travel and transport industries?

Railways

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 9th September 2020 Lords Chamber

[Baroness Vere of Norbiton (Con)]

The noble Lord is right that the future demand for rail travel is a very important factor in how we will reform the system going forward. However, we need it to be as flexible as possible. I disagree with the noble Lord in that I do not feel that the Government’s messaging around the use of public transport is confusing. The messaging is absolutely clear: use public transport safely.

[Baroness Randerson (LD)]

Does the Minister accept that planned increases for next January of 1.6% for regulated train fares are totally counterproductive if the Government want to persuade us back to using public transport? Year after year, fuel duty is frozen. Is it not time now to freeze rail fares and encourage people back on to public transport?

[Baroness Vere of Norbiton (Con)]

The Government accept that fares sometimes have an impact on the demand for the system and we expect that the increase, when it comes in January, will be the lowest amount in four years. This increase also helps fund investment within the system. However, a number of considerations are currently under way in thinking about more short-term measures on fares, which might encourage people back into the economy.

Highway Layouts

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 7th September 2020 Lords Chamber

[Baroness Vere of Norbiton (Con)]

On a case-by-case basis, each road scheme must comply with the national policy statement on national roads, which states that a DCO applicant must show, for example, how the project has taken advantage of opportunities to “conserve and enhance” biodiversity and geological conservation interests. There are many other issues in that national policy statement which will apply to roads now and in future.

[Baroness Randerson (LD)]

My Lords, we are at a crucial point as we try to recover from the pandemic. Do we try to go back to business as usual or grasp the opportunity to build back greener? Does the Minister agree that the Government’s priority after the pandemic should be investment in a zero-emission public transport fleet, including the creation of more cycle lanes and safe walkways, and not the creation of more highways? Will the Government look at the amount of money and the number of schemes they are planning to invest in?

[Baroness Vere of Norbiton (Con)]

The Government have clearly set out within RIS2 the schemes that will be invested in and the enhancements that will be made. As the noble Baroness will know, for enhancements it is often not a case of building a new road—very few absolutely new roads are ever built—but of improving the existing roads and, as importantly, maintaining our existing infrastructure. I reassure her that, for example, within the funding envelope of RIS2 there is a designated environmental and well-being fund which can be spent not on specific schemes but where it is best needed. That fund amounts to £345 million.

Spain: Travel

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 28th July 2020 Lords Chamber

[Baroness Vere of Norbiton [V]]

The noble Lord is quite right that the impact of the pandemic has been very significant both on those who are employed by companies and on those who are self-employed. We are doing what we can to offer support where needed. As for engaging with the insurance industry, that work is ongoing.

[Baroness Randerson (LD) [V]]

My Lords, I accept that the Minister’s answer today might be different from the one she might give if I asked the same question tomorrow, because yesterday the Government’s advice changed within the day. For the moment, will she tell us whether this sudden imposition of quarantine—it has provided a sharp shock to the tourism and transport industries, which were painfully trying to restart their businesses—will be accompanied by additional support from the Government to those industries to help them to withstand the impact of this sudden government stop advice? Will she agree that it is time that the Government encouraged people back on to our own trains and buses so that they can have some holiday in the UK?

[Baroness Vere of Norbiton [V]]

My Lords, the Government will be criticised whichever way they turn on this one. The noble Baroness, Lady Randerson, is now accusing us of acting too quickly, while under other circumstances it might be too slowly. It was absolutely essential, when we got the risk assessment from the Joint Biosecurity Centre, that we put in place these measures to protect public health. We put them in place for the Spanish mainland first and, once further consideration had been given, we added the Canaries and the Balearics. The noble Baroness will also know that we are encouraging people to travel on public transport if they can do so safely.

Stonehenge

Debate between Baroness Vere of Norbiton and Baroness Randerson

Thursday 23rd July 2020 Lords Chamber

[Baroness Vere of Norbiton [V]]

That question is slightly beyond my remit today, I think, but I will encourage DCMS to be in touch with the noble Baroness with further details.

[Baroness Randerson (LD) [V]]

My Lords, there is a clear environmental aspect to this proposal, but in March the Government announced a £28.8 billion national roads fund to be spent over five years. How does the Minister square this with the claim by the COP 26 president, Alok Sharma, that the Government are investing in zero-emission transport in a co-ordinated way? Do the Government not realise that road building on this scale will inevitably lead to more traffic and more emissions?

[Baroness Vere of Norbiton [V]]

I am sure that the noble Baroness is aware that zero-emission transport also needs roads, whether zero-emission cars, buses or HGVs. Investing in our road infrastructure is therefore important. The £27.4 billion—the RIS2 funding envelope—goes on enhancements but, as importantly, a significant amount of it goes on maintaining our existing roads.

Covid-19: Public Transport

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 7th July 2020 Lords Chamber

[Baroness Randerson]

To ask Her Majesty’s Government what steps they are taking to encourage greater use of public transport (1) during, and (2) after, the Covid-19 pandemic.

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

My Lords, as sectors gradually reopen, we are seeking to maximise available capacity, while social distancing measures remain in place, to meet demand. We have issued guidance to ensure that people stay safe while using public transport; this guidance is being kept under review. We are fully supportive of encouraging people back on to public transport, but it must be done when safe to do so.

[Baroness Randerson (LD) [V]]

The Government have succeeded in dissuading us from using public transport but as we get back to work, we must get back on the buses and trains to avoid traffic congestion choking our cities and our lungs. When do the Government intend to launch the new message that public transport is safe to use, and how much funding do they intend to allocate to that campaign and to bus operators to support the changes they are having to make?

[Baroness Vere of Norbiton [V]]

The noble Baroness will be well aware that the Government’s communication strategy is evolving over time as we respond to coronavirus. She raises some very important points, and we must also consider what will happen in the future, particularly as people return to work in greater numbers in the autumn and children return to school in September. We are cognisant of all these things and our messaging is appropriate.

Public Transport: Social Distancing

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 1st July 2020 Lords Chamber

[Baroness Vere of Norbiton [V]]

The noble Lord is absolutely right that at some stage in the future, as we look at the demand for public transport, we will need to make sure that we use the capacity that we have available. We are looking at our communications messages and how they will extend into the summer—something along the lines of “having a safer summer”. We are working closely with the train operating companies and bus operators on how we take forward those messages, but they must all say the same thing.

[Baroness Randerson (LD)]

After this crisis, we must get out of our cars and on to the buses and trains in even greater numbers than before, because we must not forget the long-term climate crisis. What is the Government’s long-term strategy, once the danger of the virus wanes, to encourage and enable us to use public transport?

[Baroness Vere of Norbiton [V]]

The noble Baroness is quite right that we will need to get out of our cars. The measures that the Government have put in place around active travel will be an important step—we have invested £250 million in those. As I have said in response to previous questions, over the summer we will be developing a medium-term and long-term strategy for all our transport modes.

Covid-19: Airline Sector

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 29th June 2020 Lords Chamber

[Baroness Vere of Norbiton [V]]

The noble Lord is quite right that there is a tension at the moment in that the aviation sector is suffering and jobs are being lost and we must look to the future as quickly as possible. Certainly, the aviation sector is going to have to shrink—one hopes, temporarily. As the noble Lord pointed out, the restart, recovery and engagement unit within the Department for Transport is working at great speed with the sector and many others including the unions to come up with a recovery plan.

[Baroness Randerson (LD) [V]]

Airports have been very badly hit, but, unlike airlines, they have to continue to operate and employ staff although there are very few flights. All airports pay millions in business rates. There is one simple thing that the Government could do today to assist airports in England: follow the lead of Northern Ireland and Scotland and cancel business rates for the next year at least. Will the Minister agree to that?

[Baroness Vere of Norbiton [V]]

Airports have been able to take advantage of a number of interventions by the Government. For example, 2,600 workers are currently on furlough under the Coronavirus Job Retention Scheme. As for business rates, while airports as a whole are not included in the business rates holiday, individual airports can discuss their circumstances with their relevant local authority.

Covid-19: Walking and Cycling

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 8th June 2020 Lords Chamber

[Baroness Vere of Norbiton [V]]

The noble Lord makes an important point about road surfaces, which are important for cycling and other sorts of transport. That is why during the Covid pandemic the Department for Transport has made a great effort to invest in local infrastructure. Indeed, we have managed to put out £1.7 billion to local authorities so that they can invest in their roads and make sure that they are suitable for cycling.

[Baroness Randerson (LD) [V]]

Lateness and unreliability discourage people from taking the bus, and cycle paths that force cyclists out into heavy traffic discourage people from cycling. An easy measure the Government could take to encourage bus and cycle use would be to implement fully Part 6 of the Traffic Management Act 2004, which strengthens the powers that local authorities have to deal with traffic offences. Do the Government intend to do this and, if not, why not?

[Baroness Vere of Norbiton [V]]

Local authorities already have a number of responsibilities, one of which is ensuring the expeditious movement of traffic, including cyclists and pedestrians, on highways. There is a range of things that they can do to make this happen. The commencement of Part 6 is one of the things we are looking at; we are looking at the evidence and weighing up whether or not it is appropriate to commence it at this time.

Covid-19: Aviation

Debate between Baroness Vere of Norbiton and Baroness Randerson

Thursday 4th June 2020 Lords Chamber

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

My Lords, the aviation sector has made use of various elements of the financial package put forward by the Treasury. These were non-sector-specific interventions and industry-specific conditions were not applied to them, so that they could be as accessible and easy to use as possible. However, if a firm seeks any bespoke financial support from the Government, the Government would expect that to be done in the taxpayers’ interests. That support may be subject to conditions that may include some of those outlined by the noble Lord.

[Baroness Randerson (LD)]

I join the Minister in condemning BA’s disgraceful behaviour, but will she confirm what action the Government will take to ensure that BA cannot continue to take public money and at the same time use this crisis to treat its employees in the worst possible manner?

Aviation urgently needs a support package that tackles climate change. What it does not need is quarantine. Does the Minister agree that the plan is three months too late to be effective and sends out the wrong signals about opening our economy?

[Baroness Vere of Norbiton]

As the level of infection in the UK reduces below that of other countries, we need to minimise the risk of transmission that might be reintroduced from abroad. That is why the quarantine has been put in place. We accept that it is going to have a negative impact on the aviation industry and the tourism sector, and we are working closely with both sectors to make sure that they get through this crisis as best they can.

Covid-19: Public Transport

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 2nd June 2020 Lords Chamber

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

My Lords, public transport faces significant challenges: lower passenger demand, reduced capacity as a result of social distancing and higher than usual staff absence levels. We are working very closely with transport operators as they increase their services and are providing financial support where necessary.

[Baroness Randerson (LD)]

I welcome the Government’s intervention but, to be commercially successful, buses and trains have to be very full, yet the social distancing measures require them to be only 15% full. Working and travel patterns have changed as a result of the virus, so do the Government accept that in future they need to work more closely with local authorities and to reform core funding for buses to encourage the use of zero-emissions vehicles and ensure that fares are affordable?

[Baroness Vere of Norbiton]

The noble Baroness is quite right. We are working very closely with local authorities to meet the needs of local communities, particularly in relation to buses, on which, as she recognises, capacity has been significantly reduced. We have an opportunity in that there will be a national bus strategy, in which we will look at how to put low- emissions vehicles on our streets.

Covid-19: Transport

Debate between Baroness Vere of Norbiton and Baroness Randerson

Thursday 14th May 2020 Lords Chamber

[Baroness Randerson (LD)]

I echo the thanks to all those key workers in transport industries who have kept vital supplies and vital workers moving during the last two months. As always, our economy sits on the shoulders of the transport sector. Like the noble Lord, Lord Rosser, I want especially to mention bus drivers and others who died, who were particularly exposed to the virus in their work.

I start by reminding everyone that last Sunday’s broadcast by the Prime Minister was essentially for England only. New rules and advice were announced, but they were for England. The situation is different in Wales and Scotland, so it is now a complex picture. That matters, of course, because transport crosses borders.

I very much welcome the investment announced in cycling and walking, specifically the emergency and temporary measures. While I am delighted to see the speed of response, I seek assurances from the Minister that this first tranche of money will be followed by long-term investment in improving the infrastructure for active travel. Indeed, the Department for Transport itself has estimated that it needs £5 billion to nearly double the number of trips using cycling from 2% to 4%. This announcement was of course for £2 billion. Can the Minister give us some detail on how the Government will work with local authorities to ensure that the money is indeed spent well and quickly?

I was also pleased to see the announcement about trials of electric scooters on public roads. Can the Minister tell me a little more about this? Will it involve only scooters for hire or include privately owned scooters?

For me, the peace and quiet in recent weeks, due to the lack of transport noise, has been wonderful. So too has been the improvement in air quality. The reduction in harmful emissions has allowed us to glimpse a view of how to tackle climate change. However, on Sunday, the Prime Minister fired the starting gun on the return to old habits when he advised people to get back in their cars and avoid public transport. I accept that there is an impossible conundrum with public transport. It is not possible to socially distance on most buses and trains; it is therefore essential that every other possible safety measure is taken seriously.

I was disappointed that the guidance issued by the Department for Transport to public transport operators was essentially a series of suggestions. There are many bus operators across the country, many of them small operators with limited capacity. Early in this crisis, the Government recognised the need to take centralised control of train services. I am not suggesting for a moment that they should nationalise bus services, but I am surprised that they have apparently not established a national forum for sharing good practice and providing guidance to bus operators. Will the Minister consider that?

On issues such as screens, frequent cleaning, going cash free and the availability of hand sanitiser, the guidance was very laissez-faire. It was merely a series of suggestions, which I fear can—and in some cases, will—be ignored. As the noble Lord, Lord Rosser, pointed out, the advice to passengers on face masks states:

“There are some circumstances when wearing a face covering may be marginally beneficial”.


It goes on to emphasise that it is “optional” and “not required by law”. The lesson of the past few weeks is that although we, the public, like to know why we are being told to do something, we also like clear instructions. That instruction on face covering would have been much clearer if it had simply said, “You are advised to cover your face in crowded places.”

I look forward to the Minister’s response.

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

My Lords, I join the noble Lord, Lord Rosser, and the noble Baroness, Lady Randerson, in paying tribute to everybody in the transport sector who has worked so tirelessly over the recent weeks and months to make sure that those who must travel are able to do so. They have done a superb job in keeping things going. It is a great tribute to their hard work that we are in the position we are in today. I also offer my sincere condolences to the families and friends of all those, particularly in the transport sector, who have lost their lives.

The noble Lord, Lord Rosser, made a number of points. He started by not being wholly supportive of the transport operator guidance, in that it was not directive and is not practical. This is not the feedback that I have had from the transport operators—and I speak to them a lot. They are perfectly capable of taking this guidance and translating and transposing it into the appropriate measures that they need to take according to the needs of their workers and passengers. It is not the case that a bus operator is the same as a tram operator or a PHV operator. There is a huge variety of transport operators, which is why the guidance is set out as it is. I have not had feedback that transport operators feel that they are missing direction. Certainly, I have had feedback that they are working incredibly well together in developing guidance, then adjusting it for their own needs and for their own staff.

I will accept that, in certain circumstances, social distancing on public transport will be a challenge, and that is recognised in the guidance. For example, the passenger guidance refers to 2-metre social distancing “where possible”, and states that this is probably sometimes not possible—at busier times, on busier routes and at certain points in the journey. That guidance goes on to talk about other mitigations that can be put in place to help the passenger—for example, avoiding physical contact with other passengers and not standing or sitting face to face. Spending minimal time with other passengers, such as passing in the corridor, is not thought to be too much of a risk. The guidance says that face coverings are advised in enclosed spaces, which is what the noble Baroness, Lady Randerson, wanted it to say. We have set out exactly what should happen and what passengers’ expectations of social distancing should be.

The noble Lord, Lord Rosser, talked about operationalising social distancing and explained many of the things that operators are considering. Each operator is preparing its own plan for its particular transport type and circumstances, operationalising social distancing, and other elements within the guidance, and putting it in the plan. The Department for Transport is reviewing many of those plans, to make sure that we too are content that the right measures are put in place.

Crowd management will be one of the important things. The noble Lord, Lord Rosser, asked what would happen if a certain number of people got on a platform. This has, of course, been thought through. Every Transport for London station has an operational plan to make sure that certain things will happen and that passengers are managed and advised in the right way so that we do not get too much bunching. The noble Lord, Lord Rosser, asked whether we had been able to maintain social distance this week. I am delighted to report that there have been very few problems, and I think that all those that did occur were reported on the news. When I spoke to Transport for London last night, the picture it was able to give me of its operations was pretty positive. It had not seen persistent levels of lack of social distancing. For the time being—fingers crossed —everything is going to plan.

The noble Baroness, Lady Randerson, mentioned the devolved nature of the country. The consequence of devolution is that it is up to other countries to have their own guidance, should they wish to do so. However, the transport operators are doing a very good job at communicating that to passengers. Our guidance for people travelling between the devolved nations is: just check with the transport operator. There will be posters everywhere; it will be impossible to miss them.

Cycling and walking also featured in the noble Baroness’s remarks. I am delighted about the £250 million that is coming out of the traps in order that we can get local authorities to make changes quickly. She asked whether we were involved with the local authorities in that. Yes, we are. We have published road space allocation guidance which helps them to understand the sort of things they need to consider when introducing, for example, wider pavements for pedestrians or temporary cycle lanes to encourage more people to get on their bikes.

I cannot offer further details on e-scooters at the moment, as I believe they are still being finalised. If the noble Baroness could be a tiny bit patient, I think an announcement will come very shortly. This is a good opportunity for us to trial this new form of transport, to see if it works for cities and other places in our country.

Finally, the noble Baroness mentioned the bus operators and whether there should be a national forum. I speak to the bus operators very regularly. They fall into two associations: the CPT and ALBUM, which covers the smaller players. Those two associations are doing great work in encouraging the bus operators to share best practice and to help them develop risk assessments for their particular circumstances. I do not think there is a need for a national forum because that is all happening.

Covid-19: Public Transport Safety

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 12th May 2020 Lords Chamber

[Baroness Vere of Norbiton]

I thank my noble friend for his observations. The Government recognise that there is much to be done from a transport perspective to help the nation’s health. That is why we have come up with a £2 billion boost for cycling and walking, which we believe are critical elements in helping people reduce their reliance on public transport. That is why we are encouraging people, if they are making journeys of three miles to five miles, or fewer, that they should consider walking or cycling. That is good for public transport and good for their health.

[Baroness Randerson (LD)]

On Sunday, the Prime Minister said, “Go back to work”, yet the Department for Transport did not publish its guidance to travel operators until this morning. I have read that guidance, and it is still very vague on key issues such as face coverings, screens and the handling of money. It is not prescriptive, but simply suggestions. That is not good. Why have the Government failed to provide the co-ordinated leadership needed by the bus industry throughout the UK?

[Baroness Vere of Norbiton]

I would challenge the noble Baroness in her assertion that the operator guidance is vague. It sets out the key elements that the operators must consider, but the important element is that each operator will be coming up with their own specific risk assessment which is suitable for their environment and their workforce, and, equally importantly, they will be consulting their workforce to ensure that the risk assessment is appropriate and that workers feel safe.

Aviation and Tourism: Cancellations

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 5th May 2020 Lords Chamber

[Baroness Vere of Norbiton]

My noble friend raises an important series of questions. On voucher support, the Chancellor has already announced wide-ranging support for all sizes of businesses. I encourage all those in trouble in the travel sector to avail themselves of the opportunities that there are. On restart and recovery, which is very much on our minds as well, an aviation restart and recovery team has been set up specifically at the DfT to work with the aviation industry to understand all the challenges it will have to get our planes back in the skies and to make sure that people can once again travel.

[Baroness Randerson (LD)]

My Lords, the problem is not just with airlines, but with cruise operators and other providers. There appears to be a particular problem with those operators that are foreign owned. Many European countries have already changed their regulations to tighten this up. Are the Government planning to do likewise? Are they aware of the crucial issue that there is no point in having refund vouchers if a company no longer exists? Many of these companies are in danger of ceasing to exist in the near future.

[Baroness Vere of Norbiton]

The noble Baroness, Lady Randerson, is absolutely right that many of the cruise companies are indeed foreign owned. Provided that a cruise has been sold, or indeed offered for sale, in the UK, it will be covered by the package travel regulations. Therefore, the consumer will be entitled to a refund within 14 days. If a cruise holiday has been sold outside the UK or the EU, different terms and conditions may well apply. I will take back to the department her suggestion that other EU countries have changed their regulations. We will look into it.

Passenger Train Services

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 29th April 2020 Lords Chamber

[Baroness Vere of Norbiton]

I join the noble Lord in paying tribute to all transport workers; they have done an astounding job during this crisis. At the moment, we do not know what the long-term implications for rail and indeed other public transport modes will be. However, we believe that there remains an urgent case for modernisation and reform, so we will be looking at the recommendations in the White Paper that will come out of the Williams Rail Review. They will be at the heart of any changes that we make to put the passenger at the heart of our rail system.

[Baroness Randerson (LD)]

Since the Government now have much more control over the rail system, will they take the opportunity to simplify the rail ticketing system and to streamline and improve the procedure for claiming refunds? It is ironic that there are different processes for claiming refunds, given that the Government control the whole thing. In particular, will they ensure that refunds are given to people who hold railcards but are unable to travel at this time?

[Baroness Vere of Norbiton]

If the noble Baroness, Lady Randerson, is referring to refunds to season tickets at the moment, we have spoken to all train operators and made sure that the process is as simple as possible. We have made sure that claims can be made remotely; we have extended the refund period—the time during which refunds can be made—from 28 days to 56 days; and we have backdated refunds for season tickets to 17 March. To date, £120 million has been paid out on season ticket refunds.

Smart Motorways

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 17th March 2020 Lords Chamber

[Baroness Vere of Norbiton]

I thank my noble friend for her warm words about the report and put on record my thanks to everybody in the department who worked on it. It was an enormous undertaking, involving a huge amount of data that had to be analysed. I am perhaps not entirely sure to what the noble Baroness is referring as all sorts of technology already exists on these motorways, be that the red “X” signs to prevent people travelling in certain lanes, the enforcement of those signs, or the MIDAS speed monitoring systems. All sorts of things are in place. She may have been referring to stopped vehicle detection, which we are rolling out more quickly than we originally anticipated; that will be in place within three years.

[Baroness Randerson (LD)]

My Lords, the smart technology not in place in most cases is that needed to detect vehicles stopped in the inside lane. The outcome of the review gives Highways England up to 36 months to roll this technology out. Does the Minister agree that 36 months is a long time for vital technology that is core in relation to the safety of these motorways? Does she agree that they should be converted back to their original layout, with hard shoulders, until technology has been fully installed in each individual case?

[Baroness Vere of Norbiton]

I am afraid I cannot agree with the noble Baroness. She is referring to stopped vehicle detection, which is just one type of technology and the safety case is not dependent on it. There are two other technologies that can also make sure that stopped vehicles are seen. They are MIDAS, as she well knows, and the CCTV that covers all elements of the smart motorway system. I would like the noble Baroness to consider one thing: does she accept that, if we were suddenly to turn around and put back the hard shoulder on all these motorways, by putting roadworks on those roads, we would immediately make those roads less safe?

Flybe

Debate between Baroness Vere of Norbiton and Baroness Randerson

Thursday 5th March 2020 Lords Chamber

[Baroness Randerson]

The two Opposition Front Benches are allowed 10 minutes, and I would like to finish what I am saying. Coronavirus will tip other transport operators into difficulties as well. Especially at this time, when we are expecting a large number of people to need healthcare, I ask the Government what measures they are putting in place to help the transportation of NHS patients from the Isle of Man to hospitals in Liverpool, which is a role that Flybe has undertaken up to now. This is a very specific concern.

[Baroness Vere of Norbiton]

I thank both Front-Benchers for their contributions; a number of very important issues were raised, some of which I can agree with and some of which I probably cannot. I think that all noble Lords will agree that the loss of Flybe is a significant hit to regional connectivity, and we must work with the regions to make sure that people are able to get to where they need to go. I am a little concerned that there seems to be much focus on regional connectivity and just air travel, but there are several ways of travelling from the regions. The noble Baroness, Lady Hayter, mentioned the south-west. The south-west does have trains and does have coaches; there are other ways to travel. The Government are undertaking a review of regional connectivity which will focus on aviation but will cover all modes of transport to understand exactly how the regions can interconnect.

There are two things—this was raised also by the noble Baroness, Lady Randerson—about connectivity. It is not enough to get connectivity between airports; we must also make sure that there is good access to the airports and the train stations. Of course, this is all top of mind within my department.

The noble Baroness, Lady Hayter, mentioned the passengers who have booked flights, and whether they will be able to get their money back. This is a private sector company, and it concerns all of us that some people may not have adequate protection. This will once again highlight, as other failures have in the past, the importance of having insurance. Some passengers will have ATOL cover. Others who have paid by credit card may be able to get their money back under Section 75 of the Consumer Credit Act. Some passengers may be able to claim a refund by applying for chargeback, if they paid by debit card. Passengers can seek additional information and advice from Citizens Advice or Advice Direct Scotland.

The noble Baroness, Lady Hayter, mentioned CAA resources; the CAA outlines the adequacy of its resources every year in its annual report. It is working within its current resource envelope in order to staff the failure of Flybe, and we are not aware that it has any concerns.

The Government are, of course, working very closely with all of the airports. A number of airports were heavily reliant on Flybe flights. We are working very closely; my colleague the Aviation Minister has already called the airlines and the airports this morning, and that engagement will continue. Later today, she will be calling key figures, either metro mayors or local authorities, where appropriate.

In terms of protections for employees, both of Flybe and of the different airports, the DWP does stand ready to offer support. It has been in touch with both BALPA and Unite already today and is working with them.

One of the points from the noble Baroness, Lady Hayter, made me feel that she is very much in favour of aviation. However, Labour wants to include a frequent flyer levy, which would have a significant damaging impact on aviation. Should Labour wish to retain its goal of net zero by 2030, I think it was the GMB that said that that would mean one flight every five years for people. So I am not entirely sure that Labour can be the great champion of aviation; should it ever come to power it would indeed decimate it.

The noble Baroness, Lady Randerson, mentioned PSOs. Those will be really important going forward and will be one of the key levers in the way we will be able to improve connectivity. We are looking at all options for expanding the scope of PSO policy. As we leave the European Union, the different rules we will be able to put in place will certainly be hugely beneficial to various places. On her specific question on transport from the Isle of Man to Liverpool, I will need to write forthwith.

Holyhead

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 2nd March 2020 Lords Chamber

[Baroness Vere of Norbiton]

I agree with the noble Lord that that has to be a concern. As I mentioned in my opening Answer, the Government and the Welsh Government have committed £240 million to the north Wales growth deal. One of the projects within that deal will involve enormous changes for the better at Holyhead. I will endeavour to find out whether facilities to plug into shore supplies will be available.

[Baroness Randerson (LD)]

My Lords, the Minister suggested that it is up to ports to be prepared but, while it is of course for the Government to give a signal on borders and potential borders in the Irish Sea, the uncertainty of the situation in respect of Holyhead is having very serious implications. At what point in the negotiations with the EU over the coming months do the Government expect to discuss and finalise the border arrangements between Northern Ireland and Great Britain?

[Baroness Vere of Norbiton]

As the noble Baroness, Lady Randerson, will know, I cannot possibly answer that question at this time because those sorts of things are still being finalised. However, we have been talking about this for a very long time now. An enormous amount of planning has already gone on, particularly around the previous exit date of 31 October. The Border Delivery Group has been up and running for a long time and we are working with local partners to understand what needs to be done. We have already looked at any potential disruption and what could be done to mitigate it—work is well under way.

Airport Expansion

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 2nd March 2020 Lords Chamber

[Baroness Vere of Norbiton]

My Lords, I will not go into the detail of who received what legal advice and when, but the court ruled in the way it did. It is worth looking at one thing: the court did not conclude that airport expansion was incompatible with climate change targets. It remains the Government’s position that we have our climate change targets, it is possible to expand airports within them and where possible we will do so.

[Baroness Randerson (LD)]

My Lords, the Liberal Democrats have always opposed Heathrow’s expansion, believing that it could not be done without serious environmental damage. I have always argued here that there has been far too much concentration on air services in the south-east, when there are airports in the north with spare capacity. Any expansion at Heathrow would be bound to skew investment towards the south-east, at the expense of the Midlands and north. So the Government now need to develop alternative policies. I understand there is an appeal process, but does the Minister agree that the Government need to use existing airports more efficiently and ensure, with speed, that all airports adopt zero emissions as an approach to their ground services, which can be provided at this time? Does the Minister also accept that all airports, and the Government, have to work on improving public transport links? Can the Minister guarantee that the Government will up their game environmentally?

[Baroness Vere of Norbiton]

I feel that the last comment in particular from the noble Baroness, Lady Randerson, was a little harsh. We are the first major economy to have legislated for net zero by 2050. We have already reduced the amount of emissions by a quarter since the Conservatives came into office. I am sure that the noble Baroness will have heard on the grapevine that a transport decarbonisation plan will be published soon. That will cover how we are going to decarbonise our transport system. But the noble Baroness is right that transport between the different regions is incredibly important. That is why this Government are committed to investing in infrastructure, with the biggest rail modernisation since Victorian times, green-lighting HS2, £500 million for Beeching reversals and £29 billion on upgrading or maintaining our strategic roads network. A making best use policy is already in place for airports, which says that all airports can invest in their infrastructure, provided they meet environmental constraints.

Air Traffic Management and Unmanned Aircraft Bill [HL]

Debate between Baroness Vere of Norbiton and Baroness Randerson

Committee stage & Committee: 2nd sitting (Hansard): House of Lords & Committee: 2nd sitting (Hansard)
Wednesday 12th February 2020 Lords Chamber

[Baroness Vere of Norbiton]

Potentially, a transponder, but we knew where the drones were. We could see them flashing above the runway. What could we do about it? All the legislation in the world could not have done anything about that. It comes down to technology, and the work that we are doing with the CPNI to develop the counter-UAV technology. That is what we need to spend money on, and we intend to. The legislation before us is a series of things that have already been put in place under the air navigation order. The noble Baroness may criticise the approach as piecemeal, but essentially, it is keeping up with technology.

[Baroness Randerson]

Does the Minister accept that Gatwick was an outlier in a range of events, and that it would have been caught by noticing that, “They’ve switched off their electronic ID, so we have a real problem here”? That would not have caught the drones but it would have alerted the authorities. Does she accept that most of these potentially dangerous incursions are accidental or careless, and that having some form of compulsory electronic ID would enable the authorities to act quickly and easily? We are not talking about new technology that is way over the horizon. It is here now.

[Baroness Vere of Norbiton]

The noble Baroness makes a couple of very interesting points, including that in many cases, people do not intend to commit these offences and if given a slap on the wrist and a fixed-penalty notice, they probably would not do it again. When the noble Baroness asked if I wanted to make an intervention, I was listening intently because I want to hear ideas about what we should be doing that we have not done already, and where the deficiencies are.

Let me address some of the ideas of noble Lords; others we will take away and look at further. My noble friend Lord Naseby said that there must be a minimum age. There is a minimum age: you must be over 18 to operate a drone. You must also pass a competency test to be a remote pilot, but the operator of the drone is the person responsible. I think we can agree that the minimum age issue has been dealt with.

On remote ID and electronic conspicuity, the delegated Act is in UK law. The noble Baroness suggested demanding that every drone has electronic conspicuity. We do not want to favour one drone manufacturer over another. We want to ensure that the technology we receive can develop naturally. It was agreed among EU members that a three-year transition period would be appropriate, but electronic conspicuity is in British law. It will be coming over the transition period, as we agreed with our colleagues in the EU.

The noble Baroness also asked why the process is not like car registration. It already is. One must register a drone, and it has a number on it, like a car number plate. So we already have registration and competency testing; these things are already part of UK law. I am therefore still looking for what it is we should be doing better. Geo-awareness and geo-fencing, like electronic conspicuity, are in the EU delegated Act, so they are in UK law.

Forgive me—I cannot recall which noble Lord mentioned BVLOS, but we already have drones that can fly beyond the visual line of sight. It is illegal to do so; that is already within our legislation. It cannot be done without permission.

I am slightly at a loss as to where we can take this further. Noble Lords mentioned areas that stray into other parts of the law, but on privacy, for example, which the Government take extremely seriously, we want to stop invasions of people’s privacy, but we consider the existing legislation sufficient. Article 95 of the air navigation order specifies that equipment must not be flown over or within 150 metres of a congested areas or an organised open area assembly of more than 1,000 people, within 50 metres of any third person, or within 30 metres during take-off and landing. The 50-metre limit also applies to structures, including houses. Capturing an image from over 50 metres away is possible, I suppose, but then the GDPR regulations and the Data Protection Act come in to protect people’s privacy. Other criminal legislation which noble Lords considered more recently around voyeurism includes the Sexual Offences Act 2003. So, there is existing legislation which protects privacy. Again, I am happy to listen to opinions on where the legislation is deficient and how it specifically relates to drones, rather than just general privacy information.

--- Later in debate ---

[Baroness Randerson]

Looking at what would make us safer, when the Minister has had the opportunity to read the record, will she write to us to clarify the position? I believe she said to us categorically that you have to be 18 to operate a drone. The CAA has pages and pages about how to register as the flyer of a drone if you are under 13. An operator of a drone has to be 18-plus, but it is quite clear that an operator of a drone is not a flyer. The CAA states that you are an operator if

“you’re the adult responsible for an under 18 who owns a drone”—

under-18s cannot just fly a drone or a model aircraft, they can own them too—

“you’re responsible for a drone that someone else will fly”

or

“you already have a flyer ID, or an exemption, and you only need an operator ID at the moment.”

It is very lax. The point I am making is that there are things the Government can do—with all due respect, my amendment asks only for a review—without breaking new ground. The idea of registration is pretty straightforward and well established in other situations.

[Baroness Vere of Norbiton]

The noble Baroness, Lady Randerson, has just repeated back to me what I have already said. There is a registration system. It is in existence and it is very straightforward. There are two types of people who can use the registration system. The first is a person who is over 18 and is the operator of the drone. That person is responsible. The second person might be, but does not have to be, a remote pilot. Why did we do this? Why does the remote pilot thing exist? It is to make sure that people aged under 18 can fly drones. How are we going to get our young people interested in aviation and in flying model aircraft? This is not just about drones.

Sometimes I am very struck. The Liberal Democrats sometimes come across as being very illiberal and on other points they come across as being very liberal indeed. I am slightly confused because the noble Baroness has literally just said back to me what I said to her earlier: that is already in place. The operator of a drone is the person who is responsible for it. That person has to register that drone, just like a car, with the CAA. I do not want to stop young people who are competent. Every young person has to take the test. I took the test; they have to take the test. At that point, they can fly a drone.

I do not want to prolong the discussion today, but perhaps afterwards the noble Baroness will describe to me exactly what she thinks is missing from that system, because it comes from the EU regulations. I believe the Liberal Democrats like the EU. Those are the EU regulations. They are agreed with the EU and therefore they are consistent across Europe. They make sure that there is responsibility for the drone and that young people can fly if somebody else is responsible. The noble Baroness shakes her head and says no, but I really do not want to detain the Committee any longer on something which is not wholly relevant to this amendment. We can perhaps discuss it in later groups.

I believe that I have gone into some of the details, and I hope I have been able to demonstrate that we are listening. We want to hear about what specifically we can do to make things better. The noble Baroness mentioned DJI. We, too, have been in touch with DJI and I believe it has sent a briefing to several noble Lords. It is very clear that the Bill should remain a means of ensuring safety and compliance with existing regulation because that regulation includes the EU’s implementing and delegated regulations, which UK officials helped shape. These have come into force and are in UK law.

The Government will continue to review the effectiveness of all the legislation on unmanned aircraft. It is critical to us. We will always listen to new ideas from noble Lords and stakeholders. It is important.

The Science and Technology Committee’s report Commercial and Recreational Drone Use in the UK was mentioned. I note for the record that my department stands ready to provide a response to the report—we have not yet responded—which will include references to the applicability of legislation. We will do that once the committee is reappointed.

On the basis of that explanation I hope that the noble Baroness feels able to withdraw her amendment.

[Baroness Randerson]

My Lords, I emphasise that my amendment simply asks for a review of the current situation. While the debate has been going on, I have looked through the specifications of modern drones; they include geofencing, altitude limits, return to home, sensor-avoid technology and ADSB in all drones weighing more than 250 grams. There are various ways of controlling them, including not just an app or traditional remote controllers but even hand gestures. We are at a very important point in the development of drones.

On the analogy with registering a car, which I initiated and the Minister took me up on, looking through the CAA’s pages there does not appear to be a requirement for the registered operator to be present when a drone is flown by a child. With all due respect, larger drones, as the noble Lord said earlier, are not toys and have a huge potential impact. I think the Government are guilty of some complacency; they are certainly guilty of being behind the curve. A review would provide a good opportunity for them to come up to speed. However, I beg leave to withdraw my amendment.

--- Later in debate ---

[Baroness Vere of Norbiton]

I am very pleased that this group came immediately after the previous one because I too will probably be saying pretty much what I said before. Obviously, geo-awareness and electronic conspicuity are important parts of the delegated regulation. Even though the noble Baroness would perhaps like these to be introduced sooner, I am sure she would accept that, while we are in our transition period, we have to follow EU law. The two items identified in this amendment are already in UK law; there is a three-year transition period in which they will come into effect. The noble Baroness mentioned that new drones can be purchased with all these things. There are people in the model aircraft community who will be very quick to write to all noble Lords to tell them why the transition period of three years is required. I have been at the receiving end of one their campaigns; it involves a lot of letters.

There are many reasons for the three-year transition period. While we were a member of the EU we could not change it, as the noble Baroness, being a Liberal Democrat, well knows. Those two requirements are already there so, from the point of view of the amendments, we can put them to one side. I have been through the registration issue several times: there is an operator and there is a remote pilot; the remote pilot is under the responsibility of the operator and can be under 18. It is nobody’s interest to stop people under 18—a 16 year-old, for example—flying these vehicles.

On remote identification, once electronic conspicuity is ubiquitous, we will be able to link the identifier to the registration system. At the moment, there is literally a physical number on a drone; that will change over to electronic conspicuity once the transition period is over. The model aircraft people will have put electronic conspicuity into all their aircraft by then and the entire system should be ready to go. I hope that, given this explanation, the noble Baroness will feel able to withdraw her amendment.

[Baroness Randerson]

I beg leave to withdraw my amendment.

--- Later in debate ---

[Baroness Vere of Norbiton]

I thank the noble Lord, Lord Rosser, for giving me the opportunity to share as much information as I have with him. I will certainly share more if he is still yet to be convinced. As to whether there is a report on Gatwick—my apologies for not covering this earlier—I do not know but will investigate and return to it in a letter to him.

This amendment is on consultation. Ministers and officials from the Department for Transport and the Home Office have engaged with a range of stakeholders throughout the development of this Bill, including but not exclusively those listed in the amendment, and will continue to do so to make sure that our legislation remains fit for purpose, ensuring that lessons learned from those directly involved in responding to unmanned aircraft incidents, whether Gatwick or others, are considered and acted upon.

In the aftermath of the Gatwick incident, the Government worked with the police, the airport and other relevant organisations to learn lessons from the response. There were debriefs, workshops and future planning meetings so that we could look at and extrapolate from the event. Since Gatwick, the counter-drone community has moved forward at pace. We have a broader understanding of the threat posed by drones—hence our work with the CPNI on detecting, tracking and identifying equipment and how that might be deployed. We also continue to consult widely. For example, the UK Counter-Unmanned Aircraft Strategy, our main focus following Gatwick and prior to this Bill, was published in October 2019 and followed ongoing engagement with both those on and not on the list because we wanted the widest input we could get.

I turn to some of the specific bodies: first, the police. For the first few months after the Gatwick incident, the counter-drone unit in the Home Office, which worked jointly with my department on this Bill, had an embed in its team from Sussex Police who was involved with Gatwick. That was extremely helpful. Since May 2019, a chief inspector from the National Police Chiefs’ Council has been embedded in this team with the national police lead for counter-drone systems, providing operational advice on how the provisions in the Bill will be put to use on the ground.

We see Gatwick Airport regularly and seek regular input from all airports because it is often the case that the larger airports will be able to react in a very different way to the smaller airports—something we have not really touched on today.

[Baroness Randerson]

At the time, a key issue revealed by Gatwick was the question of who was responsible for the operation of equipment. That has been clarified, as the Minister has indicated, in relation to the larger airports. Have the Government yet reached agreement with smaller airports, police services and the Army throughout Britain on who is responsible for ensuring that appropriate equipment will be deployed at smaller airports if such an incident happens there?

[Baroness Vere of Norbiton]

The noble Baroness has hit a particular nail on the head. That is why the catalogue of equipment is being developed by the CPNI. It is encouraging the leasing of equipment. Airports are responsible for safety and security within their boundaries, so they are being encouraged, where they feel it is appropriate, to lease appropriate equipment. Not all airports are the same, because of different sized sites and all sorts of different reasons. There is always ongoing engagement with the Ministry of Defence and the police. Every incident is dealt with on a case-by-case basis because, interestingly, no two incursions are the same. Some can be dealt with extremely easily and others require a different approach. We are well aware of the difference.

It is not just the different sizes of airports. There are various other bits of critical national infrastructure that fall under this entire threat picture. We are cognisant of that; it is part of the work on the strategy to make sure that we have the appropriately flexible response to make sure that we can deploy resources in the best way.

We have also been engaging with the Ministry of Defence. Along with the Home Office, my department works closely with the Ministry of Defence to share learning from its military work overseas and how best to work with the counter-drone industry. We work closely with the Civil Aviation Authority, including on the development of the drone code and drone registration scheme. Since Gatwick, the code has been reviewed and the drone registration scheme has come into existence.

We have regular meetings with BALPA, which is always a pleasure, and we are very interested in what it has to say. We also see a wide range of other bodies, either regularly or on an ad hoc basis, which includes the drone and counter-drone industries, regulatory bodies, airports and other critical national infrastructure sites, academia, and in particular international partners— this is not just a UK issue, and we speak to our international colleagues about it. I had a meeting with people from the States just a couple of weeks ago; they are facing the same problems, and we should not think that we are behind the curve, because we are certainly not.

I hope that, based on that explanation, the noble Lord will feel able to withdraw his amendment.

Transport Infrastructure

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 11th February 2020 Lords Chamber

[Baroness Randerson (LD)]

My Lords, I feel sorry for the Minister, having to repeat all that. But what the Statement boasted in juvenile, rhetorical flourishes it lacked in detail on all fronts. It reminded me of one of those exercises that teachers give primary school children to expand their vocabulary. But it lacked detail, and transport is all about detail.

Like the noble Lord, I went through the Statement carefully and was struck by the fact that the first thing this Government apparently committed to was net zero by 2050, and the first thing they are going to do is build lots of new roads. Everyone who knows about transport knows that if you build a road, it gets full of cars immediately. We will still have cars from today on the roads in 20 years’ time. The electric vehicle revolution will not come that quickly and we cannot reach net zero if we go on with large-scale road-building projects.

What was said about east-west rail links is good, but it needs to go way beyond the few examples here. There is a lack of detail on buses beyond a nice big, shiny figure. I ask the Minister to provide us with more detail on the buses, because we can have the bus revolution a great deal more quickly than we can have the railway revolution. We could revolutionise our buses within a couple of years if we had the money and the legislative framework to do it.

I was very pleased, of course, to hear that HS2 is not going to be cancelled, but again disappointed and really frustrated by the fact that there are just a few hints of how this will go ahead in the future—a couple of avenues have been closed off, but there is no detail on how it will work or how the future will be better than the past. “We are going to change it, we are going to have a Minister”—with all due respect, it is not ministerial control that has been lacking, but good, solid day-to-day project management. However, we will obviously have to wait patiently for some time still to get the detail that we need.

I say to the Minister that this is a very grandiose series of visions but, in reality, people need certainty and consistency. They need to know the details of what will happen and, given the scale of the ambition in this announcement, it is way beyond the capacity of the Department for Transport to deal with. Work will have to be done across government. I will give just one example of what needs thinking about. If you are to have all these new buses—one hopes they will be electric or hydrogen, but in the short term we are probably talking about electric—we will need to totally reinvent the electricity grid to cope in certain parts of the country. The Minister looks doubtful: I have just come from a lunchtime event where experts in the field confirmed that we need a massive increase in our electricity capacity in parts of the country. There are lots of questions for her to answer.

[Baroness Vere of Norbiton]

My Lords, I have four minutes to answer as many of those questions as possible.

Air Accident Investigation

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 10th February 2020 Lords Chamber

[Baroness Vere of Norbiton]

I thank the noble Lord for his question. I can say that when the evidence-gathering phase following this tragic incident occurred, the AAIB worked with the MoD Salvage and Marine Operations team, which advised it on the manner of conducting the search, safety—whether to use divers—and to make sure that the ROV was operating properly. I will of course write to the noble Lord on the second part of his question.

[Baroness Randerson (LD)]

My Lords, if I import a car into the UK and operate it, I have a limited time before I must register it here and thus obey our safety standards and insurance requirements. However, there is no requirement to reregister in the UK an overseas-registered plane, even if I am permanently living here and permanently operating it from the UK. Our safety standards are higher than those of many other countries, so many people who own planes in Britain take advantage of this loophole. Will the review that the Minister referred to also look at the registration of planes kept in the UK? It not only potentially causes safety problems but reduces the amount of money that goes to the Exchequer.

[Baroness Vere of Norbiton]

As I am sure the noble Baroness, Lady Randerson, is aware, the first report issued by the AAIB considered the fact that this was a UK aircraft operating between the UK and France. It would have been subject to the requirements of the US Federal Aviation Administration, under oversight by the CAA. She raises some important points, and I will certainly take them back to the team to see whether they will include it in the review.

Air Traffic Management and Unmanned Aircraft Bill [HL]

Debate between Baroness Vere of Norbiton and Baroness Randerson

Committee stage & Committee: 1st sitting (Hansard): House of Lords & Committee: 1st sitting (Hansard)
Monday 10th February 2020 Lords Chamber

[Baroness Vere of Norbiton]

My noble friend is right. It may well include the Ministry of Defence, although I would expect that department to fall under the airports section because if it was putting forward airspace changes, as I believe it will be doing for RAF Northolt, it will be the sponsor in that regard.

[Baroness Randerson]

I thank the Minister for that response, and I will read her words carefully before Report. I am of course aware that this kind of phrase is a delightful catch-all, which Governments like to put in legislation in case some organisation crops up at a later stage that they have not thought of now. However, there is an important argument to be made here about ensuring that we have clarity at this point on exactly what the structure is. That is partly because it is always a welcome situation but also because there is quite a lot of interlink between the Secretary of State, the Civil Aviation Authority, the airport operators and the aviation providers. It is important that people have their tree of command and its requirements pretty clear in their minds but, having said that, I am happy to withdraw the amendment at this stage.

--- Later in debate ---

[Baroness Vere of Norbiton]

I am absolutely delighted to stand at the Dispatch Box and reassure all noble Lords that I really am not on top of my speaking notes for Amendment 24, so we will not take it today.

[Baroness Randerson]

I thank the Minister for that reply. She said something very interesting early in that response, which was that she had to balance the interests of commercial and general aviation, and that she does not feel that one should have priority over the other. First, “general aviation” is a very broad term. A lot of planes with transponders that would be classed as general aviation are able to fly perfectly safely in regulated airspace. However, there are also a lot of leisure pilots with small private planes who have a great deal of fun but do not have sophisticated equipment for flying in that airspace.

With all due respect to the Minister, commercial aviation is worth many billions of pounds to this country. It carries many billions of pounds’ worth of freight and is of huge importance to our business and tourism industries. It is essential that the safety and efficiency of commercial aviation are maintained as a result of this legislation. Anything which complicates that process and makes it more difficult would strike at the importance of our aviation industry at this moment.

I will read the Minister’s words very carefully and invite her to look again at the amendments and what we have said on them to reassure people—airlines, airports and others involved with a key interest in commercial aviation—that their interests remain at the heart of this.

Air Traffic Management and Unmanned Aircraft Bill [HL]

Debate between Baroness Vere of Norbiton and Baroness Randerson

2nd reading & 2nd reading (Hansard): House of Lords & 2nd reading (Hansard)
Monday 27th January 2020 Lords Chamber

[Baroness Vere of Norbiton]

My Lords, I thank all noble Lords who have participated in today’s wide-ranging debate. The Government will respond to all the questions raised—unfortunately, probably not all today, but I will endeavour to get a communal letter out to all noble Lords who have participated so that, in advance of Committee, we have provided the correct information. The quality of contributions has been significant, and I will try to rattle through as many of the issues raised as I possibly can.

The noble Lord, Lord Tunnicliffe, my noble friend Lord Naseby and other contributors wondered whether the Government have been too complacent about drones and whether the timetable was sufficient to get the legislation to your Lordships’ House. There has of course been an election, and various other hiatuses in the progression of legislation through Parliament. However, that relates only to this Bill, and the Government have been absolutely on top of making sure that appropriate changes have been made to the Air Navigation Order 2016 and to previous air navigation orders. Legislatively, the Aviation and Maritime Security Act has been in place for many years, so regulations have been in place. The Bill before your Lordships’ House today gives the police powers to enforce regulations that have been in place for some time.

If that were not enough, we now have more regulation coming from the EU in the form of a delegated Act and an implementing Act. The delegated Act deals with product specifications for drones and the implementing Act deals with drone registration and operator elements, such as we in this country have already put in place. I therefore believe that the regulatory framework is there for us to use. Now, as a Government, we need to make sure that the police have ability to take that forward.

A number of noble Lords noted that the police powers were originally consulted on in a Home Office consultation that came out and was completed before the Gatwick incident. I reassure noble Lords that we have of course been in touch with members of the police force around Gatwick and, indeed, all over the country to make sure they are content with the powers in the Bill. We believe that they are. We have a close relationship with them, so they have been involved since Gatwick in making sure these powers are appropriate. Of course, we still meet with the police and other stakeholders to discuss these matters in general.

Stop and search was noted by some as being in the previous Home Office consultation. Not only have we been discussing this with the police; a cross-government working group also looked at stop and search powers. It is also worth noting that the cross-government working group agreed that the focus of the powers should not only be directed towards aviation and airports but be applicable to other areas such as prisons, which should lead to greater security. Of course, the world of drones and airspace change never stops, so we will continue to review the legislation to ensure it remains fit for purpose, particularly for drones. However, we cannot delay any longer and I believe that the Bill is a good way to take this forward.

There are important elements of the product standards that came in with the EU regulations on 1 July, for which there is a three-year transition period. They are electronic conspicuity, meaning that each drone will be discoverable and identifiable, which will help as unified traffic management progresses; and geo-awareness, which is already in legislation and therefore does not need to be added to the Bill.

A number of noble Lords have talked about the important issue of aviation and the environment. It is all very well talking about quicker, quieter and cleaner journeys, but not if the latter is not the case. If we can sort out our airspace, we believe that fuel burn from aircraft will be reduced by 20%. That is already a 20% reduction in carbon. More broadly, aviation needs to play its part in the UK reaching its net-zero target. We are carefully considering the recent aviation advice from the Committee on Climate Change, and we will shortly publish for consultation our position on aviation and net zero. That builds on the work we did with the aviation strategy 2050: we consulted and gained an enormous amount of feedback on what we should be doing with our aviation sector. We will take that forward.

It is not just carbon that is important; it is also about air quality. The industry is looking at reducing airport-related emissions, given that airborne emissions account for a very small percentage point of air quality concerns.

The noble Lord, Lord McNally, and my noble friend Lord Davies of Gower mentioned noise, an incredibly important and much-underappreciated element of the airspace modernisation programme. Modern aircraft can take off and land using much steeper angles of departure and arrival, so we can reduce the overall amount of noise experienced by householders. Airports are also beginning to use performance-based navigation, which means there are ways to direct planes to at least give respite to certain communities during the day. The Government take noise very seriously. We set up ICCAN at the beginning of last year to look more carefully at what we must do about airport noise and its impact on communities.

Turning to the Bill itself, the noble Lord, Lord Rosser, mentioned the number of delegated powers in it. I agree with him: when I saw it, it fair took my breath away. However, I have been through each of those powers with a fine-toothed comb and I am convinced that this is the most effective way to provide these powers. I say to all noble Lords who are interested in the delegated powers that, following the Government’s report, the DPRRC did not have any issues to raise with the House after reviewing those powers. I would be very happy to set up a specific briefing: the Bill puts new schedules into other Acts—for example, the Transport Act 2000—so the entire framework is a little complicated. I am convinced that even the Henry VIII powers have a rightful place in the Bill, but I am very happy to help wherever I can.

With reference to the devolved Administrations, the section of the Bill relating to activities around prisons is a devolved matter in Scotland and Northern Ireland. My department has written to both nations and the officials are currently liaising with their counterparts regarding the next stage of the process. We will continue to work very closely with them.

Turning to airspace change, mentioned at length by my noble friends Lord Goschen and Lord Naseby, and the noble Lord, Lord Tunnicliffe, this is a complicated area. I will commit here and now that I am very happy to organise a briefing on airspace in general, to provide the context required to properly understand the powers that are being asked of your Lordships’ House throughout the passage of this Bill.

The noble Lord, Lord Tunnicliffe, asked whether airspace change was nationally controlled. It is nationally mandated and nationally organised. The point about airspace change is that there are many layers, a little like an onion. Various people will be involved at various stages, but it is critical that given the change to the structure of CAP1616—the CAA’s process for airspace change—the amount of consultation and the number of stakeholders that are consulted within airspace change proposals has increased. I reassure the noble and gallant Lord, Lord Craig of Radley, that the military is at the heart of that. We have commercial aircraft, civil aircraft, military aircraft and general aviation, and local communities also have a significant part to play in responding. When I was—for at least five minutes last year—Aviation Minister, I chaired the Airspace Strategy Board. That was always a pleasure, because it brings together at a ministerial level civil aviation, general aviation, the military, the airports and the airlines. It is a good forum for discussing airspace change and how to make it as effective as possible. I reassure noble Lords that there is an over- arching control at the top in terms of getting people’s feedback in.

[Baroness Randerson (LD)]

I thank the Minister for her detailed explanation. In preparation for this debate, which I have not spoken in, I asked the CAA about the control of airspace. I concur with the Minister that it is complicated. However, the appeal process for an aerodrome—as the Bill puts it—that wants to appeal against the CAA’s decision, goes to the Competition and Markets Authority. I am interested to know how the Government alighted upon the CMA as the appropriate body for appeals.

[Baroness Vere of Norbiton]

I thank the noble Baroness for her question. I shall have to write to her because it involves a level of detail into which I cannot go today.

I will skip over organisations such as ACOG, which has been set up by the CAA and will co-ordinate the airspace changes master plan. Again, I propose that my team produces a short two-page briefing and then we can have a verbal briefing thereafter.

My noble friend Lord Davies of Gower referred to the airspace changes and the process that the CAA uses. I have mentioned CAP1616, which was updated by the CAA in 2018 and is not due for change just yet. However, the point is that no airspace changes proposals have completed CAP1616 yet because it takes two to three years and involves seven stages and multiple consultations. It is very thorough.

The noble and gallant Lord, Lord Craig of Radley, mentioned specifically that the MoD needs access to airspace to train pilots. Of course it does, to maintain the competency of the UK’s defence needs. The MoD acts as an airspace change sponsor and therefore is responsible for the airspace around its own bases.

My noble friends Lord Goschen and Lord Kirkhope both mentioned general aviation and the reclassification of airspace. The Secretary of State has directed the CAA to develop and publish a national policy for the classification of UK airspace and to keep classification under regular review. The CAA has launched a consultation to identify volumes of controlled airspace in which the classification could be amended to better reflect the needs of all airspace users. This consultation closes on 3 March and the CAA will then shortlist volumes of airspace for potential amendments. Overall, the CAA has a responsibility to minimise the amount of controlled airspace.

The cost of airspace change is also important. It can vary from a few hundred thousand pounds to up to £5 million for some of the largest airports. The Government recognise that there may be occasions when a small airport requires financial assistance to carry out some aspects of airspace change, particularly if this results in airspace change in other airports and involves reaching an agreement about how it will all fit together.

The noble Lord, Lord McNally, mentioned artificial intelligence. This is not currently used in air traffic control or to fly an aircraft but it is recognised that there may be potential in artificial intelligence, particularly around aircraft safety and to reduce air traffic delays, but at the moment it is not a feature of the system.

On the third part of the Bill—“Unmanned Aircraft” —and the clause on general police powers, noble Lords will recognise that drones can be used positively. This is important and the Government are doing all they can to support the drone industry. My noble friend Lord Naseby referred to the weight limit within the drone sector and its applicability in relation to the Bill. Schedule 8—“General police powers and prison powers relating to unmanned aircraft”—does not have an upper weight limit and therefore goes above the 20 kilogram limit that usually applies to certain things, and it gives powers to a constable to ground an aircraft to stop and search, and so on. Schedule 9 gives the police powers relating specifically to the requirements in ANO 2016 and is applicable to unmanned aircraft up to 20 kilograms. The proposals relating to registration, competence and so on do not apply to unmanned aircraft of less than 250 grams.

The noble Lord, Lord Whitty, valiantly almost completed his speech. At the start of it he mentioned the EU Select Committee report in 2015. It is an important report and many of its recommendations have been implemented or are currently in the process of being implemented. The UK launched its registration and competency testing scheme for drones in November last year. To many people’s surprise, the number of people who have registered with the system is higher than forecast, and I am delighted that it is doing well. More than 80,000 people have registered with the system to date and more people sign up every day.

The noble Lord, Lord McNally, mentioned that he will probably table amendments to tighten and extend the regulation of drones. The purpose of the Bill is to improve public safety through the police enforcement powers. That is the focus of the Bill; therefore, it is probably not the correct vehicle for further unmanned aircraft regulation, but the EU regulations are already in law and they will be developing our legislation. We will continue to consider whether the regulations in the Air Navigation Order are fit for purpose.

My noble friend Lord Naseby mentioned fixed penalty notices. I would be very happy to discuss this in more detail outside the Chamber. Our intention is that fixed penalty notices will be given only in relation to the most minor offences where certain conditions listed in the Bill are met. These include that no other aircraft was endangered and that no other person was harmed, harassed, alarmed or distressed. The first regulation that we put down will specify exactly what will be subject to a fixed penalty notice. It will be an affirmative regulation and will therefore be debated in your Lordships’ House.

A question was asked about whether stop-and-search demographics will be available for those subject to a stop and search under these powers. Yes, they will be published by the Home Office in the usual way.

Police training and guidance are critical. Guidance is being drafted at the moment with the assistance of the police. It will be given to the College of Policing as well as to individual police forces. Noble Lords will be aware that the UK Counter-Unmanned Aircraft Strategy was published in October 2019. A specific unit is being set up—the new national police counter-drones unit—which will be critical in advising police forces how and when to utilise the powers. These are the specialists mentioned by the noble Lord, Lord Bradshaw.

I am well aware that I am running out of time. I have committed to write, and I will. I want to finish on counter-UAV technology because it is important and something that some noble Lords might imagine would be in the Bill. The issue is that counter-UAV technology is under development. There are two types. The first is to detect, track and identify. It tries to find the drone so that the police know where it is. At the moment, systems are being tested by the CPNI and a list of approved systems is being published, but these systems are a work in progress.

Flybe

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 14th January 2020 Lords Chamber

[Baroness Vere of Norbiton]

I thank the noble Lord, Lord Tunnicliffe, for his questions. He did a good job of outlining how important Flybe is to regional connectivity. The Government are aware of this, and I assure noble Lords that for certain routes public service obligations will be in place. These are put in place to make sure that regional connectivity continues. I can reassure noble Lords that there is a mechanism by which local authorities can select a new provider for seven months and then retender that particular route. However, I stress that Flybe continues to operate as normal and that passengers should arrive at the airport for their flights as planned

On air passenger duty, as with all taxes the Government keep it under review. On the issue of sustainability in the future, we are carefully considering the climate change advice we received recently. We will set a clear ambition for the aviation sector. We plan to update both Houses shortly on the Government’s position and we will have proposals for consultation.

[Baroness Randerson (LD)]

My Lords, there is clearly regrettable instability in the aviation industry at the moment and a new approach is required. Can the Minister tell us when we can expect the aviation insolvency Bill to come to this House, because it is obviously urgently required?

It is important to note that Flybe is of much greater significance than Monarch, for example, to our country because it is about much more than interrupted holidays. It provides that vital link with some of the most isolated and distant parts of the UK. The answer to the problem should not include a general reduction in APD. If the Government are to have any credibility on climate change issues, they should not go down that path. Will the Government commit to investigating the domestic routes involving Flybe to sort those which are genuinely socially necessary from those which are economically viable? Will they look at increasing subsidy to those socially necessary routes in isolated areas where there is no viable rail alternative? Where there is a railway, will the Government commit to reintroducing good reliable services to the most distant parts of this country?

[Baroness Vere of Norbiton]

The noble Baroness, Lady Randerson, has made some very helpful suggestions, should they ever be needed in due course, about looking at which domestic routes would benefit from support. I reiterate that this airline continues to operate as normal and therefore at the moment the Government have no plans to kick off that work.

On the airline insolvency review, it follows from the important work which was done for the department by Peter Bucks. He looked at airline insolvency. As I am sure the noble Baroness knows, it is incredibly complicated. When he published his report, he said that there is no silver bullet. The noble Baroness will also know that we announced legislation in this area in the Queen’s Speech, and I expect it to come to the House in due course.

Railways (Safety, Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations 2019

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 30th October 2019 Grand Committee

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

My Lords, I will start by explaining why we are considering this instrument under the urgent “made affirmative” procedure provided for in the European Union (Withdrawal) Act 2018.

This instrument is important for ensuring clarity and certainty for the rail industry and passengers. It fixes deficiencies in a number of pieces of rail-related legislation, including important changes to the rail safety legislative framework and corrections to minor issues in previous Brexit-related instruments raised by the JCSI.

The Government committed in previous debates on rail Brexit legislation in this House and to the JCSI that the rail safety amendments and the issues identified by the JCSI would be fixed in time for the UK’s exit from the EU. We gave very careful consideration to the appropriate procedure for this instrument. Providing certainty and clarity to industry and passengers is an absolute priority.

We concluded that in order to provide the right level of certainty and fulfil commitments made to this House and to industry, this instrument needed to be in place for exit day. Therefore, this instrument was signed and laid on 7 October using the urgent “made affirmative” procedure. Noble Lords will be aware that the Article 50 extension letter was not sent until 19 October, and the extension was agreed only on 28 October.

Turning to what this instrument does, its most significant provision is to introduce in Great Britain a two-year recognition period for Part A safety certificates issued in the EU before exit day by amending the Rail Safety (Amendment etc.) (EU Exit) Regulations 2019. It will also make corrections to EU implementing legislation that has come into effect since 12 April 2019, as well as some further minor corrections to earlier implementing legislation.

I will now provide some background information on the changes being made by this instrument, including Part A safety certificates. Part A safety certificates are valid for up to five years and are an essential piece of documentation for operators seeking to operate trains in Great Britain. They are issued by the ORR and set out the essential safety arrangements and systems a train operator has in place to run trains competently and safely.

This instrument will introduce a two-year recognition period for existing Part A safety certificates issued in the EU as part of establishing full regulatory control of our rail safety regime. This gives certainty that EU-issued Part A safety certificates will continue to be recognised for the purpose of operating trains on the mainline railway in Great Britain for two years after Brexit or until they expire, whichever is the sooner. A train operator will then need to apply to the ORR for a new Part A safety certificate and accompanying Part B safety certificate. Two years provide an appropriate amount of time in which industry can prepare and align itself with the GB domestic certification regime and are consistent with recognition periods introduced in other rail-related Brexit legislation. This SI also enables GB-appropriate control, which we will use to maintain our excellent safety record. Safety is always the number one priority on the railway.

Only one operator has been identified as providing services in Great Britain using a Part A safety certificate issued in another EU member state. The operator is RTS Rail Transport Service GmbH. Officials from my department and the ORR have actively engaged with the operator concerned to ensure that it is prepared for Brexit, and its application for a new Part A certificate is well advanced.

Turning to the amendments correcting issues in previous Brexit-related instrument, I reassure noble Lords that the instrument we are considering today has been through pre-legislative scrutiny by the JCSI which returned it without comment. It was also considered by the JCSI in its meeting of 16 October and was not identified as an instrument to be brought to the attention of the House. The JCSI identified minor drafting issues in two previous rail Brexit instruments. I am sure noble Lords will remember that I detailed at least two of those drafting issues in a previous debate, but just in case I will do so again briefly.

In specific terms, the JCSI identified three missing words in the Railways (Safety Management) (Amendment) (EU Exit) Regulations (Northern Ireland) 2019. They were a definition relating to the Northern Ireland Department for Infrastructure’s monitoring of safety targets, namely the term “risk to whole”. The committee identified that the term,

“risk to society as a whole”,

appears in paragraph 12(3)(f) of Schedule 7, and that this term should have been defined in paragraph 2 in place of “risk to whole”. The committee also considered that the words,

“risk to society as a whole”,

should have been set out in full rather than the label “whole society” in the table at the end of the schedule.

In addition, the JCSI identified minor drafting errors in the Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019. Specifically, they were a duplication of a sub-paragraph and an incorrect cross-reference to other legislation. Those errors are corrected in this instrument, and the Government would like to thank the JCSI for pointing them out.

My department has also identified small analogous errors in two other Brexit instruments, the Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 and the Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019. These errors are also corrected in this instrument.

This instrument will also make the usual Brexit-related corrections to EU implementing legislation that has come fully into effect since 12 April 2019. These include corrections such as removing references to “member states” and replacing references to European legislation with references to domestic legislation wherever possible. The instrument also makes some further minor corrections to earlier implementing legislation.

It is important to emphasise that officials have worked closely with the industry throughout the preparation of this instrument and it will welcome the clarity and certainty that it will provide. The provisions contained in this instrument will enable the rail legislative framework to continue to operate effectively after exit day. This instrument provides certainty to the railway industry and passengers and will ensure that the rail legislative framework continues to function effectively after the UK leaves the EU. I commend these regulations to the Committee. I beg to move.

[Baroness Randerson (LD)]

My Lords, I thank the Minister and her officials for talking us through these regulations at a meeting yesterday. I am very grateful for her time. Despite her enthusiasm, I had to supress a weary sense of déjà vu about this, but then I thought of an upside. When the history of this Parliament is written, this SI will go down as one of the significant pieces of legislation passed during this Session which, after all, has lasted only a couple of weeks, so it will have its place in history and therefore I set my mind to looking at it with rather more attention and diligence. But my whole spirit protests at the amount of time that we, and particularly officials, have spent preparing for a no-deal Brexit—an issue which is so damaging that it should never have been a credible option.

This SI fixes deficiencies in previous drafting, as the Minister has noted. I believe that there are four of them; that is quite a lot for such a short piece of legislation. My concern is that officials have been under such pressure to churn out such no-deal legislation, if I can call it that, that it has been very difficult for them to maintain the usual high standards. I had a quiet laugh at the opening line of paragraph 2 of the Explanatory Memorandum, which tells us:

“The Government is committed to leaving the European Union on 31 October”.


I will come back to this later on.

The core purpose of this SI is to put in place a system of recognition of Part A safety certificates for rail operators. It introduces a two-year recognition period, which is flexible according to the renewal date. As the Minister has pointed out to us, this affects only one company but it is symptomatic of the ridiculous position that we are in. Part A certificates are currently EU-portable; the company concerned therefore only has to get them once, and they apply in all EU countries where that company operates. It is proposed that, in future, the ORR will issue Part A certificates. As a result, as the Secondary Legislation Scrutiny Committee’s report observes:

“ORR issued Part A safety certificates will be substantially the same in terms of content compared to EU issued Part A safety certificates, including the requirements necessary to obtain one. However, after the UK leaves the EU ORR issued Part A certificates will not have EU identification numbers, EU symbols or references to the EU. ORR issued Part A safety certificates will not be valid in the EU”.


This is about creating something which is identical in intent but has a different badge. It creates more complexity and bureaucracy; it is very far from the rosy image we were sold in 2016. The effect is of course that the company concerned, and any other company which might come along and need this certificate, will have to get two certificates rather than only one. What is more, since it is a criminal offence to operate a railway without a Part A certificate, the criminal offence has to be adjusted too. What will happen to the mountain of paperwork and complexity that we have created when, or if, we decide not to leave the EU after all? Are we going to have to unwind it painfully, SI by SI, or could we have just one mega-piece of legislation saying: “Forget what we have done for the last year”?

Electric Scooters

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 29th October 2019 Lords Chamber

[Baroness Vere of Norbiton]

The noble Lord is quite right. As I mentioned, it is illegal to ride e-scooters on any land that is not private. The police can enforce the matter, they can issue fines and can sometimes confiscate the scooter.

[Baroness Randerson (LD)]

My Lords, I have hired electric scooters in countries where it is legal to do so. Dockless bike hire schemes in this country cause similar problems with disposal and parking at the end of the hire period. They are left lying around and cause an obstruction. Do the Government accept that at least part of the answer lies in giving local authorities more power to regulate and manage bike and scooter hire schemes?

[Baroness Vere of Norbiton]

I cannot guarantee to the noble Baroness exactly where we will end up in the relationship between local authorities and hire scheme providers, but she is quite right to say that different countries and different cities have taken different approaches. For example, in Barcelona, there are only hire shops—you cannot just pick up one of these things from the streets—but in Paris, for example, they are currently legislating to treat e-scooters much like e-bikes. Different countries are doing different things. I want to ensure that we do the right thing for London and other big cities where, no doubt, such schemes would take off.

Transport: Buses

Debate between Baroness Vere of Norbiton and Baroness Randerson

Thursday 24th October 2019 Lords Chamber

[Baroness Randerson]

To ask Her Majesty’s Government what plans they have to encourage more people to travel by bus.

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

My Lords, the Government are boosting bus services, harnessing bus data and tackling congestion. To boost services, the new bus deal includes an additional £30 million on top of the £43 million already paid to local authorities. To harness data, the bus open data digital service will collate real-time location and fare data. On congestion, we will update guidance to local authorities on bus priority measures.

[Baroness Randerson (LD)]

My Lords, despite some one-off initiatives, which of course one welcomes, we continue to face a bus emergency. For instance, 65% of local authorities no longer provide free transport for 16 to 18 year-olds, and many bus services have been cut. Does the Minister agree that we need a national bus strategy to promote increased usage, zero-emission buses and more integrated services? Do the Government intend to reform and significantly increase funding for bus services to address the £650 million funding gap faced by local authorities and operators over concessionary fares?

[Baroness Vere of Norbiton]

I am pleased to be able to agree with the noble Baroness, Lady Randerson. It is critical that we have a national bus strategy. The Government have already announced that we will put in place such a strategy. Going alongside that will be our commitment to long-term funding for the bus sector.

Draft Heavy Commercial Vehicles in Kent (No. 1) Order 2019

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 7th October 2019 Lords Chamber

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

My Lords, the draft Heavy Commercial Vehicles in Kent (No. 1) Order 2019 and the Heavy Commercial Vehicles in Kent (No. 2) Order 2019, along with the Heavy Commercial Vehicles in Kent (No. 3) Order 2019, which requires the negative procedure, are a package of measures and it is important that they should be debated together. I am grateful to the House for facilitating this.

As noble Lords will be aware, the Government have been supporting partners in Kent to develop Operation Brock. Brock is a co-ordinated multi-agency response to cross-Channel travel disruption, specifically when capacity for heavy goods vehicles 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 because of the UK’s departure from the EU in a no-deal Brexit, although it could, of course, also be deployed as a result of disruption resulting from bad weather or industrial action. These orders are a vital part of Operation Brock, as they will significantly expand and strengthen the enforcement regime that underpins it.

Operation Brock replaces Operation Stack, and the difference is that it has been specifically designed to keep the M20 motorway in Kent open in both directions, with access to junctions, even in periods of severe and protracted disruption. Operation Brock consists of three phases, the first being a contraflow queuing system on the M20, between junctions 8 near Maidstone and junction 9 near Ashford. The contraflow system enables all other traffic to travel in both directions of the M20 on the London-bound carriageway when cross-Channel heavy goods vehicles are stored on the coast-bound carriageway. When the M20 queuing system—the first phase—is reaching capacity, cross-Channel heavy goods vehicles bound for the Port of Dover would be diverted to Manston Airport. That is the second phase. The third and final phase is the use of the M26. If needed, the M26 can be used as a last resort to store trucks heading to Europe via the Channel Tunnel.

It is important to note that the Kent Resilience Forum, which comprises bodies such as the county council and the police force, is responsible for the Operation Brock plans. Any decisions relating to the activation and timing of the different phases of Operation Brock will be taken by Kent Police as the Gold Command, in consultation with the Kent Resilience Forum.

We are undertaking an extensive communications programme to inform traders and hauliers of new requirements resulting from our departure from the EU. We recognise that if there is widespread non-compliance, it could lead to serious congestion on Kent’s roads. In the summer of 2015, when Operation Stack was deployed for an extended period of time, compliance with the traffic management system was low. Almost a third of cross-Channel heavy goods vehicles avoided the system, causing serious traffic problems on the local road network, with parts of Kent becoming gridlocked. Over the past year, the department has held regular discussions with the Kent Resilience Forum and other stakeholders in Kent. They have been keen to see gaps in the legislative framework addressed and measures to strengthen the enforcement of Brock.

A final consultation on the package of measures was undertaken this summer. This was targeted to affected stakeholders in Kent, such as Kent County Council, the Port of Dover and Eurotunnel, and freight and road haulage associations. As mentioned in the Explanatory Memoranda, the responses received were broadly supportive and provided helpful points of detail that assisted us in drafting the orders, such as refining when the new restrictions and powers should be used, as well as raising wider points on the deployment of Operation Brock, such as on the provision of welfare for truck drivers. I would like to thank everyone who responded.

It is crucial that these instruments are brought into force by 31 October to ensure that the scheme operates as efficiently as possible and to reduce the impact on businesses and local communities in Kent. I am grateful that time has been found for these debates to take place so quickly and for the speed with which the Joint Committee on Statutory Instruments and the Secondary Legislation Select Committee have scrutinised these instruments.

I will now set out what the two orders we are considering today, as well as the associated third order, provide. Under order No. 1, traffic officers in Kent will be able to require the production of documents to establish a vehicle’s destination and readiness to cross the border. If the driver can produce the appropriate documents, they will be given a permit for onward travel. In addition, the order 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 road or route. Document checks to help make sure that a haulier has the right documents will be carried out on the M20 by temporary traffic officers contracted by, and under the direct supervision of, Highways England, while broader traffic management and enforcement will be dealt with by permanent staff and the police.

This order also sets the amount of the financial penalty deposit for offences relating to Operation Brock, so 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 must normally be paid within 28 days or it can be enforced by a local magistrates’ court. If a driver does not have a UK address and therefore could avoid that follow-up enforcement action, the police or the Driver and Vehicle Standards Agency—DVSA—can require the immediate payment of a financial penalty deposit. If a driver cannot pay the deposit, their vehicle is immobilised. This regime is used for many road traffic offences and ensures that penalties are paid. The amount of the deposit introduced by the other two instruments for breaching the traffic restrictions or for failing to comply with a traffic officer exercising the new powers is set at £300. The fixed penalty notice amount is also set at £300 by the No. 3 order, to which I will return later.

Order No. 2 prohibits cross-Channel heavy goods vehicles using local roads in Kent other than those on the approved Operation Brock routes. To facilitate traffic flow, the legislation also requires cross-Channel heavy goods vehicles to remain in the nearside—left-hand—lane when using those parts of the 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. For example, a vehicle on a cross-Channel journey can make a local collection or delivery provided the driver can provide information sufficient to satisfy a constable or traffic officer that the vehicle is being driven on a particular road for that purpose alone.

To complete the whole picture, order No. 3, which has been laid using the negative procedure, prohibits cross-Channel heavy goods vehicles accessing the coast-bound carriageway of the M20 between junctions 9 and 13 unless the driver is displaying a permit. As I said, this permit will be issued in the Brock queue between junctions 8 and 9, enabling a driver to demonstrate that they have followed the approved Brock route and have complied with any border document checks that may be undertaken in the queue. This order also prohibits cross-Channel heavy goods vehicles joining the M20 contraflow between junctions 8 and 9 of the London-bound carriageway. It also sets the amount of the fixed penalty for offences relating to this series of instruments.

We have provided that the new powers and traffic restrictions in the orders will cease to have effect at the end of December 2020. This date coincides with the end of planning permission for the holding of heavy goods vehicles at Manston Airport. Manston is of course an integral part of the Brock system, so this is a suitable and consistent date for them to cease to have effect.

Crucially, these instruments introduce powers to require the production of border documents and the obligation for drivers to comply with any readiness check before using the roads leading to the ports. If the UK leaves the EU without a deal, the UK will become a third country, and the customs authorities in EU member states will introduce EU border and customs rules. For goods to move smoothly across the border, traders will therefore need to complete new processes for customs and provide documentation to their hauliers, who will need it when carrying goods. If drivers try to take goods across to the EU without the right documentation, it is possible that they will not be able to complete their journey. That may be because the UK port turns them away because they do not have the required documentation; for example, some of the customs documentation must be scanned at Eurotunnel before the vehicle can board the train. Or they may be blocked from progressing through an EU port by a member state customs authority; vehicles could be delayed and fined or returned to the UK, or goods could be destroyed. Both scenarios could lead to congestion at UK and EU ports. This could be particularly severe at the Channel ports of Dover and Calais, given the volume of traffic that they handle and the existence of French passport controls on the UK side of the Channel at these ports, and could lead to significant delays on Kent’s road network.

We propose conducting border readiness checks in the Brock queues. In practice, this means that: if Brock M20 is active, HGVs heading to Dover and Eurotunnel will undergo checks on the M20 between junctions 8 and 9; if Brock Manston is active, because congestion at the ports has worsened, Dover-bound heavy goods vehicles will be queued at Manston Airport, where checks will take place, and Eurotunnel-bound heavy goods vehicles will continue to queue on the M20 and be checked there. A haulier who is deemed to be ready to cross the border will be given a permit that allows them to go to the port. Hauliers who try to go to the port without a permit could be stopped, directed to the back of the relevant Brock queue and receive the proposed on-the-spot £300 fine by the police or the DVSA.

These orders are of vital importance to allow sensible traffic management in Kent. It is critical that we demonstrate to the public and to business that Operation Brock will be ready, fully operational and enforceable on day one should it be needed to deal with the impact of cross-Channel disruption. I beg to move.

[Baroness Randerson (LD)]

My Lords, I welcome the fact that there has been local consultation on this. However, my word—this conjures up a depressing and distressing picture of the world we might be entering into, and the people of Kent need to be seriously worried about the way in which this will impinge on their lives.

It is worth noting at this point that the Secondary Legislation Scrutiny Committee drew these orders to our attention, noting that it believed that the use of Section 8 powers of the Traffic Management Act 2004 was a “significant” issue that the House should be aware of.

The Minister referred to the fact that the third order was not before us. I hope she will forgive me but I could not hear her explanation of why we do not have it. However, I want to hear clearly from her that the third order is being made at the same time. Could she also please address the fact that, as part of this whole package of activity, there are three special development orders which apply to Manston Airport, Waterbrook in Ashford, and car park D at Ebbsfleet station? They all allow the use of land for the stationing of vehicles, for facilities for drivers and for the pre-processing of papers required in order to export goods if there is no deal. As they are an intrinsic part of the package—although I realise that they will not be part of the Minister’s responsibilities—I think it is important that we know how that will all fit together and when all the information will have come to us that needs to.

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[Baroness Vere of Norbiton]

I thank all noble Lords who have contributed to a very thorough debate today. A number of issues have been raised. I will do my absolute utmost to cover as many issues as I possibly can, but of course I will write, as I am already fairly sure that there are certain issues I cannot cover in great detail.

I start with the issues raised by the noble Baroness, Lady Randerson. She started by painting a rather grim picture that this is some sort of a takeover of Kent by the Government. It certainly is not. She mentioned that there has been local consultation, but the request for these powers very much came from the local resilience forum.

[Baroness Randerson]

I specifically welcomed the fact that there had been local consultation. I am afraid the Minister misheard me.

[Baroness Vere of Norbiton]

I am sorry if I phrased that incorrectly. I know that the noble Baroness welcomed the local consultation. The point I was trying to make is that this was more than the Government just going to Kent and saying, “What do you think of this?”. This was more about Kent saying, “Actually, given what happened with Operation Stack, we’d really like these powers, and if the Government could sort it for us, that would be great”. So that is what the Government are trying to do today. As has been mentioned by a number of noble Lords, these powers are available in the event that there is congestion at the border caused by a no-deal Brexit, but they can also be used for bad weather and/or industrial action.

The noble Viscount, Lord Hanworth, noted the use of Operation Stack in 2015. I, too, was unfortunate enough to drive through Kent at the time, and it was a nightmare. It caused great trouble, so we are well aware of the issues that can happen, and they do not have to be Brexit-related. Having said that, however, these powers are limited to 31 December 2020. That is right, in that we would not want to extend powers then leave them hanging for a long period of time if they are not needed in future. Certainly, should we or a Government in the future decide that they are useful and benefit the people of Kent, I would expect similar legislation to be passed again in future, once these powers have fallen away on 31 December 2020.

As I have mentioned, these powers are very much for the benefit of businesses, residents and people who—like me—travel through Kent. They are being made under a variety of different Acts, which is why—I am sure noble Lords understand—one is draft affirmative, one is made affirmative and one is negative. They stem from different parts of our legislative scope and the different things we have available to us. They are a series of instruments and will not come into effect without Parliament’s approval, so the negative does not come into effect on its own.

The noble Baroness, Lady Randerson, mentioned the SDOs and referred to three different sites. The SDOs are in place for Manston, which has been in place since January 2019; Ebbsfleet, which has been in place since September 2019 and will be used as an HMRC transit site; and Ashford, which has been in place since September 2019 and is an HMRC transit site and turnback site so that HGVs that arrival at Eurotunnel and are found to be not compliant will have somewhere they can go that will have facilities for them to try to get themselves compliant, so that they can be border-ready and can head across to the border.

The noble Baroness, Lady Randerson, and the noble Lord, Lord Rosser, mentioned empty lorries. These will be treated the same as other lorries. I will be honest with noble Lords: we looked at whether we could treat empty lorries separately, but there are various issues around, for example, packaging. Some packaging, although it is empty, must have the relevant certification with it because obviously there is no way of making sure that that packaging is empty. Therefore things such as beer kegs need some customs documentation. An empty lorry that does not carry beer kegs will not need it.

This brings us on to the general discussion about the documentation needed, who is checking it and how qualified these people are. There are levels—layers—to this entire system. The traffic officers, whether they be temporary or permanent, will look for the existence of certain documents. This is not a shadow French or EU customs operation; they are looking for the existence of the documents. If those documents exist, they assume that that HGV is compliant; it will get a permit and continue. They do not have to be experts. However, I take the point: training is under way and is being done in order that the traffic officers, whether permanent or temporary, recognise the documents that we will require when they get to the border.

The classes of documents we are looking for are fairly straightforward: for travel documents, it is a passport or ID card, and for customs, it is the movement reference number from two different types of document. Only in the case of phytosanitary certificates, export health certificates or export licences for chemicals and drugs will we look for additional documents. The training is under way and will continue. To do the checks, the traffic officers will have screens. It is done online. The software is translated into 11 different languages so that if the traffic officer speaks to somebody who does not speak English but perhaps speaks one of the languages in front of them, we can make sure that the person has the documents and can be on their way with a permit as quickly as possible. To help noble Lords’ understanding, the traffic officers are doing the checks; they are also responsible for traffic movements. We are looking to the police for enforcement, not checks, and to the DVSA, which has similar powers.

The noble Baroness, Lady Randerson, went on to talk about the contraflow. We are very seized of the issue that the contraflow brings to the M20. We completely understand that it is not a permanent solution. I can give the noble Baroness some hope. I have seen some proposals for what the permanent solution may be. We are getting to the bottom of them, and I very much hope that in the not too distant future we will be able to share with noble Lords what the permanent solution will be. I do not believe it will be as terrifying—as the noble Baroness mentioned—as driving down that stretch of the M20 can be at this moment in time.

Turning to the local lorries, I suppose there are two issues here. First, there are lorries that need to do a delivery or pick-up within Kent before they proceed to the border. I would expect them to have all the appropriate documents because they are heading to the border. In all this there is an overarching assessment of reasonableness. They should have the right sort of documents. We spoke to the Kent Resilience Forum about the other local lorries, and the police are well aware of the rat-runs that HGVs trying to get to the border might use. They know where people are going. They will not be covering every single road in Kent. Most of the local traders in Kent will be able to get from A to B with no trouble. Many noble Lords have recognised that a lot of these hauliers—well over 80% —will be operating businesses based out of the EU. I suggest to noble Lords that the number plate might be a bit of a giveaway anyway, but of course it is clearly not 100% fool-proof.

I turn to the impact assessment or lack thereof. A de minimis assessment was undertaken with these SIs about the actual or potential imposition of this contingency plan. We followed the approach agreed with Defra advice. The more general issue of potential disruption in Kent in the event of no deal has been assessed by the Kent Resilience Forum with input from the border delivery group and DfT.

I turn to points raised by the noble Lord, Lord Rosser. I have what I hope are some helpful numbers that will put his mind at rest about the additional staff. If operational, it is true that this will need a significant number, but remember that these powers are only needed if Operation Brock is in. We are probably looking at 125 temporary traffic officers. They will do the traffic checks on the M20 and will be on three-month contracts extendable by three months. We will be looking at about 130 DVSA enforcement staff, 60 of whom will come from outside Kent. There will 120 Highways England traffic officers. There will be 350 police officers, 160 of whom will come from outside Kent, given the very well understood structures that exist for when police forces need to help one another. Any deployment from outside the Kent area will be time limited. Appropriate arrangements will be put in place to ensure that roles are covered as people move to different responsibilities.

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[Baroness Vere of Norbiton]

The noble Viscount raises an important point, but those people are already recruited. Although it sounds like a huge and responsible role, the temporary traffic officers will have a very specific role—which is for the M20, to do the border-readiness checks. They are recruited and are undergoing training.

[Baroness Randerson]

I would like to press the Minister for a little more information about what information is currently on the GOV.UK website to help hauliers. The Minister referred to warnings about getting ready for a no-deal Brexit. That brought to mind those irritating adverts on the television that tell you absolutely nothing; they tell you to get ready for a no-deal Brexit but do not say what you should be doing. We need much more precision in this case. Is that information on GOV.UK already, so that hauliers and their employers can look at it?

[Baroness Vere of Norbiton]

I thank the noble Baroness for reminding me to go back to this. I know that I am not supposed to have extra documents in the Chamber, but I have one here. There is a document, which has been available for quite some time, and there is also a shortened version. This document, Transporting Goods Between the UK and EU in a No-deal Brexit: Guidance for Hauliers, is available on pop-up stands as well as on GOV.UK. On the basis of my answers to these questions, and that I will write, I hope noble Lords will see fit to approve these regulations.

Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 7th October 2019 Lords Chamber

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

My Lords, the Government are working to secure a new deal with the EU. However, if we have to leave with no deal, the Government are committed to preparing for this outcome.

With regards to commercial aviation, we have already conducted intensive work to ensure that there is a functioning legislative framework and an effective regulatory regime for this critical part of the UK economy. This new instrument will ensure that the legislative framework and regulatory regime for this sector remain robust. The Government have given very careful consideration to the appropriate procedure for progressing this instrument. For the reasons I will shortly outline, it is important to have this instrument in place by exit day. That is why we have selected the “made affirmative” procedure which, while allowing for parliamentary scrutiny, should ensure that outcome. These draft regulations will be made under the powers conferred by the European Union (Withdrawal) Act 2018, and amend EU regulation 2019/712, which sets out an approach to safeguarding competition in air transport.

Fundamentally, this instrument ensures that, w responding to anti-competitive practices, the UK will have the same powers to protect UK airlines as will be available to the EU to protect EU airlines. Previously, regulation 868/2004 provided for redressive measures to be imposed when subsidisation and unfair pricing practices by third-country airlines caused injury to EU airlines. The previous SI on this subject introduced corrections to that regulation to ensure it would apply when the UK left the EU. However, since the extension to the UK’s departure from the EU, regulation 868/2004 was repealed and replaced with regulation 2019/712. The reasons given were that the previous regulation was judged to be ineffective in respect of its underlying general aim of fair competition. For instance, there was a lack of definition around the initiation and conduct of investigations or the criteria for doing so.

The new EU regulation provides the European Commission with the power to conduct an investigation where there is prima facie evidence of anti-competitive practices causing or threating to cause injury to EU air carriers. Areas where discrimination could occur include the allocation of slots, administrative procedures and the arrangement for selling and distribution of air services. If such evidence is found, redressive measures can be taken to offset any injury. Such redressive measures include financial duties.

The withdrawal Act will retain regulation 2019/712 in UK law in its entirety on exit day. The draft instrument being considered today makes the changes necessary so that this EU regulation continues to function correctly after exit day. The policy content of the retained regulation will remain substantially unchanged. The changes that have been made are primarily technical and necessary to ensure the correct application of these measures after the UK leaves the EU.

As part of these changes, the UK Civil Aviation Authority will assume some of the responsibilities previously placed on the European Commission. For instance, the UK Civil Aviation Authority will examine and investigate any complaint of this nature. The UK CAA will report on these findings to the Department for Transport, where the Secretary of State will take a decision whether to adopt any redressive measures. Such measures will be adopted by statutory instrument, using the affirmative procedure.

In the event of no deal, the EU could apply its regulation to the UK or its airlines if they were engaged in the practices described in the regulation. Therefore, the changes being made by this SI also ensure that EU member states and their airlines will be subject to the UK’s measures. This preserves a level playing field from exit day and is why we have selected the “made affirmative” procedure, which ensures this important measure is in place on 1 November, if required. While we would prefer to leave with a deal, this instrument will ensure that, in any scenario, the UK and UK airlines will have equivalent access to the type of measures EU member states and EU airlines can take against anti-competitive actions. I beg to move.

[Baroness Randerson (LD)]

I thank the Minister for her introduction. I am sure she will be delighted to hear that I have only one substantive question. However, I want to comment in passing that this statutory instrument applies a rule to ensure a level playing field, as the Minister said. It ensures that the CAA will examine complaints in future, rather than the European Commission. The CAA comes in at every possible turn, and I question whether it has the expertise and the resources needed for this. It is used by the Government for a wide variety of activities—everything from repatriating air passengers to space travel—and is therefore extremely broadly stretched. My concern is always that it should be given the resources it needs for this.

The Explanatory Memorandum says that, while the CAA will investigate in future if there is no deal,

“it is possible that the Department for Transport will play a supporting role”.

Exactly what supporting role do the Government envisage the Department for Transport playing? It strikes me that this is an unsatisfactory blurring of the edges. The proposal that the CAA does this follows a well-established principle: you have an independent or arm’s- length body that investigates a situation, makes a recommendation to the Minister and the Minister makes the decision. However, if the Government now envisage some kind of blurring of the situation, with the Department for Transport involved in a supportive role with the CAA and the Secretary of State making the final decision, you have a mixing of roles in a way that is not normal and which could lead to discussion, argument and even court action if a company is accused of anti-competitive practices. Could we have a little more detail on that from the Minister? That is my significant concern on this.

HS2: Cost

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 24th July 2019 Lords Chamber

[Baroness Vere of Norbiton]

My Lords, HS2 has benefits of £92 billion overall; it would be a mistake to scrap it. Also, if that money were suddenly to become available, it would not necessarily be immediately transferrable to the north. My noble friend may be referring to northern powerhouse rail, which is a very important railway project, but it is not an either/or situation. We can have HS2 and we can have northern powerhouse rail; indeed, for both of them to work, they both need to be built.

[Baroness Randerson (LD)]

My Lords, the Minister is very firm in her assurances, and I would like to think that we can be convinced that HS2 will be built. However, the new Prime Minister has cast serious doubt on it and the Minister has referred to HS2 being subject to review. I therefore ask her to explain why £9 million has been given as compensation to Heathrow Airport in preparation for HS2, despite this ongoing review. Can she confirm the press reports that the £9 million will be paid even if HS2 does not go ahead?

[Baroness Vere of Norbiton]

Work continues on HS2 and that £9 million was part of that work. To date, HS2 has spent £7.4 billion. The review I referred to was done by the current chairman of HS2; it may be that there is a separate, second external review. I welcome the new Prime Minister’s reported focus on infrastructure. Infrastructure is critically important to our country and very complex, and sometimes it represents a large and slow-moving target for criticism. It is essential that we get infrastructure right and that it is fit for purpose.

Egypt: Suspension of Flights

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 22nd July 2019 Lords Chamber

[Baroness Randerson (LD)]

My Lords, I beg leave to ask a Question of which I have given private notice.

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

My Lords, the decision by British Airways to suspend flights to Cairo for seven days is an operational matter for the airline concerned. The airline has stated that this is a precautionary measure. The Government take security very seriously and remain in close contact with all UK airlines in relation to security matters that could affect their operations.

[Baroness Randerson]

My Lords, there is undoubtedly some confusion about the situation, not least among the responses of airlines. BA and Lufthansa suspended all flights to Cairo on Saturday—although Lufthansa resumed flights on Sunday—whereas Air France and EgyptAir flights have continued normally. Meanwhile the Egyptian aviation Minister has expressed to the British ambassador his dismay at BA’s response, and the Foreign Office advice still does not warn against air travel to Cairo, although it continues to warn against travel to Sharm el-Sheikh. I realise that the Minister cannot discuss in this Chamber the details of security issues, but could she clarify exactly what the Foreign Office advice is about flights to Cairo? She will appreciate that it is holiday season and many people are anxious about this. Why is only BA responding in this way?

[Baroness Vere of Norbiton]

This is an operational matter for BA. It has taken the measures it has as a precaution, and it is up to it to decide how it operates. I am happy to confirm to the noble Baroness the travel advice currently on the Foreign and Commonwealth Office website, which has not substantively changed. While it does not advise against travel to or from Cairo Airport, it reminds visitors that:

“Terrorists in Egypt likely maintain the intent and capability to target aviation. The greatest threat is on the Sinai Peninsula where Daesh operate with greater freedom, but terrorists are active in Mainland Egypt, including Cairo”.

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[Baroness Vere of Norbiton]

I am sure the noble Lord will understand that I cannot go into much further detail about the security information, where it might have come from and who might have had it, whether that is airlines or nation states. Suffice it to say that we maintain a good and open relationship with all UK airlines and they are able to make their own operational decisions.

[Baroness Randerson]

Will the Minister clarify whether the Government are warning people of danger in flying to Cairo or not? The information she read out from the Foreign Office website appears to be a middle way, which is what caused me to ask the Question in the first place. There is a lack of clarity. I am not questioning the Government’s decision, but it is their role to provide clarity and certainty, if necessary on a strongly precautionary basis on issues of this kind.

[Baroness Vere of Norbiton]

In 2018, 415,000 people visited Egypt and the vast majority of those visits were absolutely trouble-free. The Government keep all travel advice on their website up to date and as I mentioned, the advice has not substantively changed. It is the Government’s duty to provide advice to their citizens, so that they can make the decision for themselves.

Railways: South-eastern Franchise

Debate between Baroness Vere of Norbiton and Baroness Randerson

Thursday 4th July 2019 Lords Chamber

[Baroness Vere of Norbiton]

I thank the noble Lord for his observations. As he well knows, this process is ongoing, so any increases are not yet confirmed. But my department expects the independent regulator, the Office of Rail and Road, to provide a robust and rigorous challenge to HS1’s proposals, as part of the review process. I am aware that this process has been going on for 18 months and is continuing.

[Baroness Randerson (LD)]

My Lords, Eurostar operates in a multimodal travel market that includes airlines, and HS1 is already the most expensive railway in Europe by a big margin. If the Government are serious about reaching zero carbon by 2050, this is just the kind of cost that needs to be kept firmly under control. It is not acceptable for the Government to hide behind the regulator. Can the Minister give me an assurance that the Government will make it clear to the regulator that costs like this must be well controlled?

[Baroness Vere of Norbiton]

I assure the noble Baroness that the Government are making it clear to the regulator that we expect a robust and rigorous challenge. It is of course independent, but we recognise the importance of Eurostar, both for environmental reasons and for providing extra capacity on a different mode of transport. We support high-speed passenger services to Europe.

Bus Services

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 4th June 2019 Lords Chamber

[Baroness Randerson]

To ask Her Majesty’s Government what plans they have to encourage more people to use bus services.

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

My Lords, using buses can lead to less congestion, greater productivity and more connected communities. We are pioneering technology such as the bus open data digital service which will give passengers the information they need to catch a bus with confidence. The Bus Services Act 2017 also enables enhanced partnerships for buses. This means that local authorities and the bus operators in their area can work together to improve services.

[Baroness Randerson (LD)]

My Lords, local authority funding cuts mean that they can no longer afford to subsidise many services, so we need to encourage more people to use the buses to make them commercially viable. Does the Minister agree that since young people now have to stay in school, education or training until the age of 18, it is grossly unfair to expect them to pay full fare as they have to in many areas from the age of 16? Does she agree that a nationwide scheme of concessionary fares up to and, hopefully, beyond the age of 18 would help to encourage young people to use the buses?

[Baroness Vere of Norbiton]

I have some good news for the noble Baroness. More than 50% of people use the bus twice or more a year but young people aged 17 to 20 use buses at a much higher rate—nearly 70%. I also point out that 71 of 89 travel concession areas already offer discounted fares to young people through the operators. Other discounts are available from local authorities and, of course, it is up to them to offer discounts in their areas.

HS2

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 20th May 2019 Lords Chamber

[Baroness Vere of Norbiton]

My Lords, I join my noble friend in welcoming the report of the House of Lords Economic Affairs Committee. We will respond to that in detail, before the Summer Recess, once we have had a chance to consider all the issues therein. As for whether we should have started in the north, obviously we recognise that the infrastructure in the north needs investment; that is why we are investing a total of £48 billion across the network, which is a record amount. The northern powerhouse rail project in particular will be very much welcomed. However, it is in a much earlier stage of development. Our intention is to crack on with HS2 phase 1 and phase 2a, and then phase 2b will link into the northern powerhouse rail, thereby connecting the entire country.

[Baroness Randerson (LD)]

My Lords, demanding the cancellation of HS2 has become the new virility test for would-be Tory leadership candidates, and I fear that it might be the next economically damaging decision made by the Government solely to please Conservative Party members. I believe that HS2 is needed, but obviously costs need to be brought under control. The easiest way to do that is to make Old Oak Common the terminus in London, rather than Euston. I ask the Minister: will the Government take seriously that aspect of the committee’s report and act upon it, please?

[Baroness Vere of Norbiton]

My Lords, we have heard the request that HS2 terminate at Old Oak Common. We are not minded to agree to that, but we will of course read the report and respond in due course.

International Road Passenger Transport (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 20th May 2019 Lords Chamber

[Baroness Vere of Norbiton]

I thank all noble Lords who have taken part in our short debate today. It is an important debate, however, and is vital for the 900,000 journeys made across the Northern Irish border. A number of issues were raised. I will start by discussing how we ended up with this slightly odd mismatched date situation, with the September and December dates, and then I will cover the Interbus agreement, cabotage and what this means for new services in Northern Ireland.

The arrangements for both regular services and cabotage by Northern Irish operators were set by the EU in its contingency regulation on basic road transport connectivity—I think we are clear on that. However, much of the content of the regulation was put in place in Article 50 format, which means that the UK was not in the room at the time this was agreed. We worked hard with our Irish colleagues to raise the importance of access, including cabotage, on the island of Ireland. The date for regular services—the one at the end of September—was set to allow sufficient time for the protocol to the Interbus agreement on regular services to enter into force. The date for the cabotage services was set at the end of September—noble Lords will recall that, at that point, exit day was going to be in March—to enable alternatives to be put in place for cabotage. Now that the date of exit has been pushed back to October, obviously we will work hard with the Commission and member states to make sure that the dates are extended if they need to be.

We need to extend the Interbus agreement to regular services. The EU is one of the four parties that needs to sign the agreement to extend the coverage, and the Commission is the secretariat to the Interbus agreement. In our conversations with the Commission, and specifically with DG MOVE, it has indicated to us that it will be extended. We will continue to work carefully with the Commission and member states to encourage them to sign; I feel that the process that is likely to happen is that the EU will sign and then others will follow. We therefore have confidence that the Interbus agreement will be signed and, if it is not, we will seek to negotiate an extension with the EU or to put in place bilateral agreements with specific countries as needed.

On cabotage, which is the transport of passengers between two places in the same country by a transport operator from another country, the noble Lord, Lord Rosser, asked a question about what limited cabotage was. In this case it is limited because it is only an operation for the six counties in the Republic of Ireland which border Northern Ireland. That is the limitation of this cabotage. The no-deal legislation that we already have in place would allow EU operators to continue such cabotage operations. Under the EU regulation, cabotage is allowed for regular and special regular services within the Irish border counties, as I have noted. I can therefore assure noble Lords that the Government recognise the importance of cabotage, particularly on the island of Ireland, and that we will work closely and fairly rapidly with the Republic of Ireland and the EU to make sure that cabotage can continue.

There was a question about what would happen if neither of those agreements was in place. That is hypothetical—I do not expect that they would not be—but it leads to something slightly more interesting. If we did not accede to the Interbus agreement under the protocol in our own right for regular services, the EU could offer regular services to the UK, but the UK could not, so there would be a mismatch.

Similarly, the EU could offer cabotage, but the Northern Irish or the UK could not. The question is: what would happen if we could not accede to the Interbus agreement or did not achieve cabotage? At this moment, we have something that might be seen as a carrot or as a stick. In the interests of our tourism industry and for other good economic and social reasons, EU operators can access the UK. However, UK Ministers have the power to amend EU operators’ access in future. I am sure we have no intention to do that, but I point out that we have reached agreement on operating in each other’s markets—and I am sure we will in future—because it is not in the interests of anybody for that not to continue.

The noble Lord, Lord Berkeley, asked whether a new operator could start a service. He is correct: a EU operator could but a UK operator could not. However, there is only one operator anyway: Translink. I am not aware that a second operator would want to come into the market, particularly in the timescale that we are talking about. If there is concern, we should be very interested to hear it; we have not heard it yet, so I leave it at that.

I thank the noble Lord, Lord Whitty. I apologise to him for not having read his report. However, it will be on my weekend reading list. It is a very important topic, and I thank him for bringing the report to my attention and for his contribution today about the broader issues that we face.

It is not in our interests that transportation services between Northern Ireland and the Republic of Ireland fail, and we as a Government will strive extremely hard to ensure that they continue. I hope that I have managed to address the points raised. If there are any remaining, I shall certainly write; otherwise, I beg to move.

[Baroness Randerson]

Before the Minister sits down, I wish to clarify the situation. The papers from the Printed Paper Office made clear that no impact assessment has been prepared. I express my concern about that and should be grateful if she would explain why that is the case.

[Baroness Vere of Norbiton]

With apologies to the noble Baroness, I forgot that question. She is indeed right: no impact assessment was published in this case because any impact was deemed to be de minimis, as is normally the custom.

Transport Act 1985 (Amendment) Regulations 2019

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 20th May 2019 Lords Chamber

[Baroness Vere of Norbiton]

I thank the noble Lord, Lord Berkeley, for asking that question. I will certainly have to write, as I do not have those numbers in front of me, but he makes an important and valid point and I will write to him.

There are three exemptions in EU law which can be used. The Section 19 and Section 22 permits guidance explain how two of them can be applied to the community transport sector. The first is the “main occupation exemption”. The guidance that we published explains how this exemption can be used by organisations whose primary activity is not transport; for example, schools, community groups or local authorities. We believe that this represents around half of the community transport organisations, which will fall into this group.

The second exemption is the short-distance exemption. This allows organisations which have a minor impact on the transport market, due to the short distances they travel, to be exempt. In defining 10 miles as a short distance, as noted by the noble Baroness, Lady Randerson, the Government believed that it was important to consider how these bus services work across the country. What is a short distance in a rural area may be a very long way in a big city, and rural areas are of specific concern when it comes to community transport. Where community transport operators provide bus services in rural areas, they have the flexibility to make the case that a short distance is longer than the automatic 10-mile distance. The noble Baroness noted some discrepancies in the application of the guidance. I would be grateful if she could share the specific pieces of evidence with me, then we will be able to review them and perhaps get to the bottom of what is going on.

Finally, the third exemption relates to the services which are non-commercial. The Government are not able to provide guidance on this exemption, as there is an ongoing judicial review in respect of it. However, as noted by the noble Baroness, Lady Randerson, the Government are clear that it would be premature for any local authority to end or withhold community transport contracts while this legal action is ongoing. The High Court has not yet given us a date for the hearing but we hope that it will be soon. Once the High Court has reached a decision, the Government will revise their guidance to give effect to it.

[Baroness Randerson]

Will the Minister extend that very welcome assurance and say that the Government will promptly contact the offices of the traffic commissioners to ensure they understand that that is the Government’s intention, and that they are not applying different rules?

[Baroness Vere of Norbiton]

Without having seen the evidence, I obviously cannot make that commitment right now but I should imagine that if we can give any further guidance, we will certainly do so.

The Transport Select Committee acknowledged that this uncertainty has already impacted some community transport operators—there has been lots of concern about it in Parliament. There are real costs from uncertainty and implications from doing nothing at all, so the Government are able to provide clarity on two of the three exemptions. Where community transport operators can use either the main or the short-distance exemption, they do not need to wait for a High Court judgment. They can plan for the future and deliver important transport services with confidence.

We recognise that in certain circumstances, according to the impact assessment, there will be an impact on some operators. We believe that 50% of the operators will fall under the main occupation exemption, but there is the extent to which the remaining 50% will be able to take advantage of the new short-distance exemption. We hope that many of them will really consider that option, and that we will therefore be able to reduce the number of operators impacted.

Heathrow Airport

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 15th May 2019 Lords Chamber

[Baroness Vere of Norbiton]

The noble Lord is completely right. The UK has the third-largest aviation sector in the world; it is very successful indeed. The way in which we will achieve decarbonisation of the aviation sector is twofold: first, by working with all other countries around the world to reach international agreements and, secondly, by making sure that it is successful and able to put money back into innovation so that we can decarbonise aircraft and look for other sustainable fuels.

[Baroness Randerson (LD)]

My Lords, the percentage of people travelling to Heathrow by public transport has fallen in the last year or so, with more people using taxi services. However, the Government’s plans for Heathrow require an ambitious increase in the use of public transport—one of the red lines that the Minister referred to. That is necessary if the planned reduction in carbon emissions is to be achieved. How do the Government intend to ensure that far more passengers and employees take public transport to Heathrow?

Rail Safety (Amendment etc.) (EU Exit) Regulations 2019

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 13th May 2019 Lords Chamber

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

My Lords, these instruments will be needed if the UK leaves the EU without a deal and are important in ensuring clarity, certainty and confidence for the rail industry and its customers. I shall provide some background. These three instruments make corrections to several pieces of EU and domestic legislation covering rail safety in Great Britain and rail safety, train driver and operator licensing, access and management and cross-border rail workers’ rights in Northern Ireland.

I turn first to the Rail Safety (Amendment etc.) (EU Exit) Regulations 2019, which I will refer to as the GB rail safety instrument. This instrument will make technical corrections to the Railways and Other Guided Transport Systems (Safety) Regulations 2006 and the Railways (Access to Training Services) Regulations 2006. These sets of regulations, which transposed EU law, set out among other things the requirement to obtain the appropriate safety certificates or authorisations before operating vehicles or managing infrastructure on the railway in Great Britain.

I turn to the two Northern Ireland instruments. Rail is a transferred matter for Northern Ireland, and in the absence of a Northern Ireland Executive, it has been agreed that the UK Government will be responsible for the necessary Northern Ireland EU Exit legislation at Westminster. In preparing these instruments, officials from the Department for Transport have worked closely with their counterparts in the Department for Infra- structure in Northern Ireland.

The first of the two Northern Ireland instruments, the Railways (Safety Management) (Amendment) (EU Exit) Regulations (Northern Ireland) 2019, which I will refer to as the Northern Ireland rail safety regulations, is similar to the GB rail safety instrument. It will correct deficiencies in the Railways (Safety Management) Regulations (Northern Ireland) 2006, the regulations that established the legislative regime for managing railway safety in Northern Ireland. The second of the two, the Railways (Amendment) (EU Exit) Regulations (Northern Ireland) 2019, also known as the Northern Ireland composite regulations, will correct deficiencies in three pieces of Northern Ireland rail legislation. Among other things, those regulations established a common regulatory regime for licensing and certifying train drivers and operators on the railways. They also implemented rules on aspects of the working conditions of rail workers engaged in interoperable cross-border railway services.

These instruments will correct deficiencies in legislation as a result of the UK leaving the EU. The vast majority of these corrections are minor and technical—for example, removing references to “member state”. It is important to emphasise that the GB rail safety instrument will preserve the status quo, including the requirements and procedures for obtaining safety certificates and authorisations as well as the requirements for rail operators to establish and maintain common safety management systems. The Government’s highest rail priority is to maintain safety and our highly effective safety regime, which is one of the safest in Europe. The regulations secure that regime.

The GB rail safety instrument will remove certain requirements placed on the Office of Rail and Road to share information with the European Union Agency for Railways. However, there will be a power for the ORR to provide certain safety information to EU bodies on a discretionary basis so we can continue to contribute to a safer European railway.

Safety certificates issued in EEA member states will continue to be recognised in Great Britain after the UK’s exit from the EU. However, it is the Government’s intention to lay a second instrument that will limit that recognition to a two-year transitional period after exit or until the relevant certificates expire, whichever is the sooner. This is consistent with previous rail EU exit instruments that have introduced a similar recognition period for train driver and operator licences, and it strikes a balance between allowing for a reasonable transitional period and enabling greater control over the rail safety framework.

The equivalent regulations for rail safety in Northern Ireland will mirror the GB safety regulations, with the exception that Northern Ireland institutions have no plans to introduce a two-year recognition period for EEA licences and certificates, recognising the greater role of cross-border services in Northern Ireland. These documents will be recognised indefinitely in Northern Ireland to enable the continued recognition of licences and certificates issued in the Republic of Ireland.

As well as making minor changes—for example, removing references to “member state”—the NI composite regulations will preserve the status quo for rail operations in Northern Ireland. In short, that means that operators and train drivers in Northern Ireland will have clarity and confidence about the regime.

It should be noted that the EU has adopted a regulation that will provide a temporary extension to the validity of authorisations, certificates and licences required to run cross-border services. This contingency measure is applicable for nine months in the event that the UK leaves the EU without a deal in place and supplements the extensive efforts already made by the Government and rail operators to secure these important services. While the Government very much welcome the EU regulation, this alone does not provide the necessary certainty for industry which these instruments provide.

These instruments were originally laid under the negative procedure in February of this year. The House of Commons European Statutory Instruments Committee agreed to the use of the negative procedure, but in March the Secondary Legislation Scrutiny Committee of your Lordships’ House recommended that the affirmative procedure should apply as noble Lords might wish to debate the potential impacts on cross-border rail services and those that operate them.

While the Government accepted the committee’s recommendation to lay the instruments under the affirmative procedure, using the standard draft affirmative procedure would almost certainly have meant that the instruments would not have come into effect in time had the UK left the EU on either 29 March or 12 April. Therefore, the Government concluded that, to ensure the instruments were in place for the day expected at that time to be exit day, using the “made affirmative” procedure was appropriate. The Minister responsible for the railways wrote to the chairs of the committees in April to explain this decision and the reasons behind it.

Noble Lords will be aware that, while the Joint Committee on Statutory Instruments has cleared without comment the GB rail safety and the Northern Ireland composite instruments, it has drawn the special attention of your Lordships’ House to the Northern Ireland rail safety instrument on two minor instances of “defective drafting”.

Specifically, the JCSI identified three missing words in a definition relating to the Northern Ireland Department for Infrastructure’s monitoring of safety targets, namely the term “risk to whole”. The committee identified that the term,

“risk to society as a whole”,

appears in paragraph 12(3)(f) of Schedule 7 and it is this term that should have been defined in paragraph 2, in place of “risk to whole”.

The committee also considered that the words,

“risk to society as a whole”,

should have been set out in full in the table in paragraph 14 of Schedule 7, rather than using the label “whole society”. This table sets out how accidents to various categories of person—employees, passengers, et cetera—should be calculated, with the label “whole society” indicating the need to show the total number of serious accidents and fatalities across all those categories; namely, across society as a whole.

I am grateful to the committee for its work and for drawing these points to the attention of the House. The Government do not consider that there will be any real impact on the practicable operation of these provisions or that there will be any possibility for confusion by the Department for Infrastructure. It remains very important that the Northern Ireland rail safety instrument, dealing as it does with a critical area, stays in place as law so as to provide the necessary confidence and certainty that the rail industry and travelling public need. I can therefore confirm that the Government will address these minor drafting points in a subsequent instrument that will be laid in advance of this instrument coming into effect on exit day. I beg to move.

[Baroness Randerson (LD)]

My Lords, I start by expressing my regret that we are discussing Northern Ireland legislation at all. I would have hoped that the Assembly would be up and running again by now. I am not apportioning blame within this Chamber but simply making it clear that I believe it is a great disadvantage to Northern Ireland that the Assembly is not sitting.

These three SIs are being made by an unusual procedure, as the Minister has made clear. The Secondary Legislation Scrutiny Committee recommended that the originally intended negative procedure should be upgraded to the affirmative procedure because of the impact on cross-border operations, especially in Northern Ireland. In the event, because these SIs were not laid until 18 February, it was too late for the usual procedure to be followed, and instead they have been laid under the urgent “made affirmative” process, rather than the usual draft procedure. Northern Ireland deserves better than this. I realise it was not the Government’s intention to have run this as close to the wire as they have, but why was it left so late to lay these SIs? I know that the Government had intended to use the negative procedure, but the fact is that the committee has the right to recommend a change of procedure, and regularly does, so it is the Government’s job to anticipate a change such as that and to allow as much time as possible.

Of course, the irony is that we did not leave the EU on 29 March, and it does not look as though we are going to be leaving any day now. So, in fact, the Government had time to do it by the usual procedure. The Government rather overstate the amount we have to do in this House and in the other place. Business is actually fairly leisurely. Therefore, it could have been done in the usual way, if only everyone had been able to anticipate the situation.

My second question is my usual one. I am concerned once again that the obligation to share information, in this case on safety issues, is being removed and replaced with a power to share information. These three SIs all deal with issues of safety, and my view is that we should not be playing politics with issues of safety and should not be risking the possibility that, either intentionally or unintentionally, safety information will be held back. I ask the Minister: when a safety certificate issued in the UK is revoked by the ORR, what about a rail company that operates in both the UK and the EU? Would the Government then still have a legal obligation to inform the EU?

As the Minister mentioned, there are temporary arrangements to carry the industry over the period after exit. My concern is that EU Part A safety certificates would be recognised for a maximum of two years after Brexit or until they expire. This procedure has been used for other transport-related SIs, and I have previously raised my concern that there is unnecessary uncertainty about this. Some safety certificates will last for two years and some will not, because they will run out earlier. There is uncertainty there.

Meanwhile, the EU has adopted regulation 2019/503, which allows UK certificates to continue to be valid for nine months after exit. My concern is that we are talking about two years in Britain and nine months for British certificates in the EU, so we do not have a consistency of approach. The EU provision appears to apply only to the Republic of Ireland and France, so I ask the Minister: what about Belgium and the Netherlands? They are regularly in receipt of trains which start in the UK, so if these provisions will not apply in Belgium and the Netherlands—as I understand from the Explanatory Memorandum—then what about those trains going beyond those two countries?

Electric Vehicles: Charging Points

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 7th May 2019 Lords Chamber

[Baroness Randerson]

To ask Her Majesty’s Government what measures they plan to introduce to encourage local authorities to install more charging points for electric vehicles.

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

My Lords, the private sector has funded the majority of the UK’s 17,000 public charge points, and we want this to continue. The Government’s role is to provide the right policy environment to encourage private sector investment and limited support when necessary. We provide guidance and some funding to local authorities: around £4 million to the on-street residential scheme, £40 million to eight Go Ultra Low cities and further funds for taxi and bus infrastructure funding.

[Baroness Randerson (LD)]

My Lords, despite that, the growth in the electric vehicle market is not as rapid as it needs to be. This is a chicken-and-egg situation. Sales of electric vehicles will not increase dramatically until users are confident that they can find a charging point. Will the Government provide stronger leadership and support to local authorities, some of which have not yet installed a single charging point? Fleet owners are responsible for half of all new cars purchased. Will the Government consider introducing a range of new incentives to encourage them to opt for EVs?

[Baroness Vere of Norbiton]

I thank the noble Baroness for a number of questions there. I disagree with her that growth is not rapid. We are the second-largest market for electric vehicles in Europe. I believe that the rollout to date has been very successful. For example, within the last 30 days 1,000 charge points have been introduced. The noble Baroness spoke about local authorities and we support the work they are doing. There is no more funding available but we are encouraging the private sector to step up and, with £400 million in the charging infrastructure investment fund, we believe that it will.

Brexit: No-deal Ferry Contracts

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 1st May 2019 Lords Chamber

[Baroness Vere of Norbiton]

The noble Lord is right that this particular insurance policy falls away because these were six-month contracts, and now that we have the extension to 31 October the contracts are obviously not needed. These contracts are very visible, but they are actually an extremely small proportion of our no-deal planning. A total of £4 billion has been put in place as an insurance package to make sure that, in the event of no deal, which remains the legal default, we will be able to protect our citizens.

[Baroness Randerson (LD)]

My Lords, every time I think that the Secretary of State has extracted the last vestige of farce from these ferry contracts, he seems to plumb new depths. I want to take up the point about P&O. Can the Minister explain to us whether the Government are facing court action from P&O and what stage any action is at in that case? The Government claim to have paid £800,000 for the legal advice on which these contracts were based. That is an awfully large sum to pay for duff advice—if indeed the advice that was given was followed. Can we have the Minister’s assurance that the Government will review how and from whom they seek advice on such matters?

[Baroness Vere of Norbiton]

There were a couple of points there from the noble Baroness, for which I am grateful. Knowing what I know now from my short time in the department and from my time as a Defra Whip, I believe that, had I been the Secretary of State, I would have made the same decisions. These are very important contracts. The other thing to be aware of is that the contracts had to be as flexible as possible. Many will say, “Oh, they do not seem particularly flexible”, but this is all dependent on the maritime market, which is not the same as other markets. The maritime market operates in periods of weeks and months rather than hours and days. We believe that the legal advice is appropriate. I can confirm that a case is being brought by P&O, but obviously I cannot comment on an ongoing legal case.

Railways: Midland Main Line

Debate between Baroness Vere of Norbiton and Baroness Randerson

Thursday 25th April 2019 Lords Chamber

[Baroness Vere of Norbiton]

Electrification is merely a form of propulsion for trains. It is not the be-all and end-all. It comes at a cost, sometimes to local communities. For example, if we use bi-mode trains in diesel mode—I refer to modern diesel engines—there is no need for the intrusive wires and masts that concern local communities. The environmental impact of these trains is less than that of current ones. I believe that any thoughts of HS2’s demise are greatly exaggerated.

[Baroness Randerson (LD)]

Millions of pounds have already been spent on raising the bridges on the 22 miles that will lie in the middle of the two electrified sections of this line. Is it not time to learn lessons from the Great Western electrification, and accept that electrification can now be done for half the cost of that original project and that, as they currently stand, bi-mode trains are heavier and more costly to run and maintain? Does the Minister accept that the whole line should be electrified?

[Baroness Vere of Norbiton]

I am afraid to disappoint the noble Baroness but the Minister does not accept that. We looked at the costs and benefits of the full electrification of this line and concluded that, in terms of passenger experience, the same benefits can be achieved by going a different way. She mentioned the money that has been spent on bridges. However, it was not wasted: it has improved the stability of those bridges, many of which were fairly old, and means that the passage of freight is now easier.

Honda in Swindon

Debate between Baroness Vere of Norbiton and Baroness Randerson

Tuesday 19th February 2019 Lords Chamber

[Baroness Vere of Norbiton]

Perhaps the one that will be brought to a vote in the near future.

[Baroness Randerson (LD)]

My Lords, the best assistance the UK Government can give to our flagging car industry is to encourage sales of more electric vehicles. The Minister has outlined measures that the Government have taken to encourage production, but they have failed to do anything to encourage people to purchase such vehicles. Can the Minister explain when the Government will do something to encourage sales?

[Baroness Vere of Norbiton]

My Lords, the best way to encourage sales is to make sure that the cars represent value for money. One of the most difficult challenges in the electrification of cars is the battery, as I am sure all noble Lords know. That is why the Government committed £246 million to the Faraday battery challenge. This will make sure that the UK is at the forefront of developing and designing the batteries that we need for these cars. Eventually, the price of the car will come down as the batteries become more effective and their range improves. They will, therefore, become much more attractive to consumers as the cost per car falls.

Package Travel and Linked Travel Arrangements (Amendment) (EU Exit) Regulations 2018

Debate between Baroness Vere of Norbiton and Baroness Randerson

Wednesday 28th November 2018 Lords Chamber

[Baroness Randerson]

What are the Government doing to advertise these new arrangements to people and indeed to the industry as a whole? She is quite right that many travel agents will belong to trade associations, but not all of them necessarily will. Nowadays, people buy their goods online, including from abroad, and they might think they will continue to have the protections they had in the past.

[Baroness Vere of Norbiton]

The noble Baroness is quite right, but that is a consequence of regulations that have already been through your Lordships’ House. Significant guidance was published at the same time and goes into some detail about LTAs and what would and would not constitute an LTA. We will work with the trade associations and make sure that the guidance is kept up to date as we move to the next phase.

I thank the noble Lord, Lord McNicol, for his balanced assessment of this legislation. He mentioned building one’s own holiday, which I am sure many noble Lords do. It is slightly beyond the scope of the discussions today, but if I can get any further information, I would be happy to write to him. I believe that takes me to the end of the questions, and I beg to move.

Bombardier

Debate between Baroness Vere of Norbiton and Baroness Randerson

Thursday 22nd November 2018 Lords Chamber

[Baroness Randerson (LD)]

My Lords, I start by thanking the Minister for repeating the Statement. This is a very significant development, because Bombardier is one the biggest employers in Northern Ireland. This is very sad news for the whole of Northern Ireland.

Earlier this month, Bombardier announced that it would have to cut 5,000 jobs across its global operations. Of that, 3,000 would be in Canada. It seems to me that, for a very small country, the number of jobs being cut in Northern Ireland will have a disproportionate effect. It also seems that the loss of 500 jobs, which is a considerable number, does not reflect the assurances the Government said they received from Bombardier when they made their investment in research earlier in the year.

It is a particularly bitter blow for east Belfast, where the company is based, and especially for the workers and families who will be directly affected. It is of great importance, because these are well-paid, highly skilled workers in a relatively low-paid economy. At the moment, Northern Ireland is in a particularly uncertain situation; our whole economy is uncertain, but Northern Ireland’s is more uncertain than the rest.

Bombardier’s struggle to bring in orders for its C series jets was almost certainly exacerbated by the threat of punitive US tariffs which hung over the company for several months. What are the Government doing to defend the rules-based international trade system in the Trump era? Can the Minister tell us if they are still hopeful for a trade deal with the US that benefits UK businesses?

The Government could have a vital role to play in helping these workers reskill and retrain in the face of a rapidly changing labour market. What steps are officials in Northern Ireland taking in this regard, and have the Government considered supporting people with, for example, an endowment, or an individual learning account which they can use at any stage in life to access further education or training?

The Statement says that the Government have no role in Bombardier’s decisions, as it is a private company. But that overlooks entirely the leverage given to them by the £20 million that they invested in the company this year for research, and to help it improve efficiency. Can the Minister explain what efficiencies they anticipated as a result of this investment? From time to time, the word “efficiency” actually means cutting jobs. Was there a clear agreement about job security when that money was invested?

There is, of course, a big supply chain in Northern Ireland which is also affected. Can the Minister give us an estimate of the value of that supply chain, and the number of jobs involved? Will the Government undertake to have meetings with any of those in the supply chain whose companies and jobs will be affected? Finally, the Statement refers to the joint venture with Airbus. Can the Minister assure us that Airbus is still in a good position, despite these job cuts, with its partner?

[Baroness Vere of Norbiton]

I thank the noble Lord, Lord Stevenson, and the noble Lady, Baroness Randerson, for their contributions. A number of issues were raised, and I will cover as many as I can. I agree with the noble Lord, Lord Stevenson, that it was very good that we managed to fend off the tariffs coming from the US. I pay tribute to the work done by the unions, and to the Prime Minster, who was instrumental in making sure that Bombardier was not hit by these very significant tariffs, which would have had a very difficult impact on its business.

Over the coming days, we will meet with Bombardier —I think the first meeting is this afternoon. We will encourage the company to work with the unions; I am disappointed to hear that it did not. We are at the very start of a 90-day consultation period, which will obviously include numerous meetings with the unions, employees and, indeed, the company.

On the comments in the Statement about the commitments that have been given, these are not at all inconsistent with what is happening. My understanding is that different parts of the business are responding in different ways to the global markets for their respective products. Certainly, the Airbus-Bombardier joint venture is proceeding successfully—that is about a quarter of the workforce in Belfast—and there is no reason to suspect that there will be any job losses at all there. Our ongoing discussions with Bombardier are very good, because it is a key part of the aerospace growth partnership, which meets to discuss the aerospace sector as a whole. The department has a budget of £1.98 billion to invest in R&D over a 13-year period to support the growth of the sector and its transition to new technologies.

On parts of manufacturing going to Morocco and Mexico, that is indeed the case. Some of that involves less-skilled workers and less highly manufactured parts, but what we need to do is to make sure that the R&D is there and that the skilled employment exists to allow those jobs to come back as technology moves on. That is where we are putting our money.

We are confident that the Northern Irish Government have the resources to support the workers to retrain or to find work, but it is important that we understand that we do not currently know who will lose their jobs. We do not know whether that will be compulsory or voluntary, so it is very difficult to talk about retraining or new jobs for these people until we know who they are.

The Government will not be reviewing the £20 million that we contributed to Bombardier in conjunction with Invest Northern Ireland, because it was R&D spending. We have to be clear that research and development is the Government priming the pump. I am afraid that the engine has to run itself, but it is our job to make sure that we put seed funding into projects that we know will be a step change to coming new technologies.

Turning to some of the detail from the noble Baroness, Lady Randerson, obviously I cannot commit right here, right now about a trade deal with the US, but she will doubtless be reassured that we will be looking to create as many new trading relationships as we possibly can. That will certainly have benefits when it comes to future tariffs. Regarding the supply chain, again, it is too early to tell because we do not know where the jobs will come from, what elements of the business will be downsizing and what the consequences will be for the supply chain. It might be that the manufacturing elements are slightly overstaffed as technology has improved, and that the impact on the supply chain will be very small because there will still be products going through it. Until we understand that a bit more, I do not think that we can comment on it.

Marine Special Protection Areas

Debate between Baroness Vere of Norbiton and Baroness Randerson

Monday 21st May 2018 Lords Chamber

[Baroness Vere of Norbiton]

It would not be a Question about the sea if there was not an intervention from the noble Lord, Lord West. I am very pleased to be able to tell him that Defra is working very closely with the Marine Management Organisation, the IFCAs, the Royal Navy and the Border Force to make sure that appropriate arrangements are in place. Noble Lords must remember that surveillance matters as well. There are three different types of surveillance: vessel monitoring systems, electronic reporting and data systems, and remote electronic monitoring. Although we talk about the Royal Navy ships as patrol vessels—and we should note that they are indeed being upgraded—these ships are not just wandering around looking for people doing bad things; they are responding to the surveillance. Therefore, perhaps we should call them response vessels instead.

[Baroness Randerson (LD)]

My Lords, this sounds like a sledgehammer being used to crack a nut. The economy of the Scilly Isles depends on their peaceful beauty, and the sea-birds there are abundant. The islanders rely on the birds as part of their economy because they are so important to tourism. Is there any evidence of the need for additional protection for the birds on the Isles of Scilly? If that evidence has been found, will the Minister publish it?

[Baroness Vere of Norbiton]

The scope for extending the SPA in the Isles of Scilly is being considered at the moment. So far, there has been informal dialogue with stakeholders. Natural England has asked Defra Ministers for permission to extend the SPA and they are considering it. It is our understanding that the proposals before Ministers will protect the foraging grounds of the assemblage of 20,000 sea-birds on the Isles of Scilly. However, Ministers are unlikely to increase the regulatory burden over and above what is currently required. It must be remembered that a number of SPAs have been in force in the Isles of Scilly since 2001, with a further expansion in 2005. The Isles of Scilly have long been protected and they should be in future.