Emissions and Vehicle Type Approval

Debate between Daniel Zeichner and John Hayes

Thursday 20th April 2017 Westminster Hall

[Mr Hayes]

My hon. Friend may have heard—I heard about it recently—that we are going to have a general election. The problem with that, in terms of the business of Government—he knows this well as a former very distinguished Minister with whom I worked very closely in office—is that it limits what Ministers can do and say. I have to be cautious in setting out an immediate timetable, given the events that are going to take place over the coming weeks. While this House is sitting—I remain a Minister through the election process—I will press my officials very hard, not least as a result of this debate, to ensure that there is no hesitation or undue delay within the bounds that I mentioned.

My hon. Friend is right—I can see where his mind is going—that we must not have a couple of months in which nothing happens. That would not be right. As much as I can, I will continue the work and reinvigorate my officials—I do that every day, but I will do so with even more vehemence than I usually exercise—to ensure that the eventuality that he postulated would be unhelpful does not come to pass.

I have been very anxious and determined to press Volkswagen executives consistently in person and in writing to address many of the outstanding issues that were raised by the hon. Member for Liverpool, Riverside. I have brought with me a list of occasions on which officials or Ministers have met or written to Volkswagen over recent weeks and months. It goes back to the very beginning of this sorry tale. I see no harm in setting out that chronology for Members. I will not read it out because it is quite exhaustive, but I will make information available about what we have done and when we have done it. Let it suffice to say for the purposes of this debate that the Secretary of State and I have met Volkswagen on many occasions and written to it on many more. My officials have been engaged with it steadily and determinedly to bring about many of the things that hon. Members call for.

It is right, as William Morris says, that

“all men should have work to do which shall be worth doing”.

I think this is work worth doing, because it is in the interests of the consumers who were adversely affected by the means I have described, who bought cars in good faith believing one thing, and who found that they were dealing with a very different product from the one they imagined they purchased.

There is disappointment in this House—it was reflected in the comments of the hon. Member for Liverpool, Riverside and is shared by the Government—about the lack of remorse and appreciation of the gravity of the deception that has been displayed by Volkswagen, not least in Mr Willis’s appearance before the Transport Committee on the same day that I gave evidence.

Let me go back to the start of this sorry business to fully explain where we are now and the progress we have made. If I do not, someone, perhaps the hon. Member for Cambridge, will rise to their feet with speed and say, “It’s all very well. You’ve had all these meetings, John”—well, he wouldn’t in fact say “John”, because you wouldn’t have it, Mr McCabe—“but what have you achieved?” Just weeks after Volkswagen’s supercherie actions were discovered, the Department launched an emissions-testing programme to understand whether there was widespread cheating across the industry. Alongside the Vehicle Certification Agency, we tested many of the UK’s most popular diesel cars. We were the first European country to publish a report of that kind in April 2016, with Germany, France and several others following shortly afterwards. The programme found no evidence that any manufacturers we tested other than Volkswagen had utilised prohibited defeat devices to manipulate emissions tests to gain a vehicle’s type approval.

It was clear to me then and remains so now that taxpayers should not have to foot the bill for the testing programme. Volkswagen’s actions cast doubt on the integrity of the whole industry and, following meetings and repeated requests, the company reimbursed my Department with £1.1 million. That was an important victory for the UK taxpayer. The money is being used for three important areas of work, which I want the Chamber to know about: first, to increase the UK’s capacity and capability to test real-world emissions, which is a response to a question and a point made by the Select Committee Chair, the hon. Member for Liverpool, Riverside, and the Opposition Front-Bench spokesman, the hon. Member for Cambridge; secondly, to increase the air quality fund, allowing us to provide funding for a city council’s HGV fleet to be retrofitted with emissions reduction technology, to reduce emissions in that location; and, thirdly, further investment to encourage the uptake of ultra-low emissions vehicles.

But we are not stopping there. Mr Willis may believe what C.S. Lewis did not—that an “explanation of cause” is a “justification by reason”—but I too do not. I am therefore pressing Volkswagen for a further £1 million to fund the first year of the new market surveillance unit. The Department set up that unit in the Driver and Vehicle Standards Agency in the wake of the VW scandal to source and test vehicles to ensure that they comply with the law. We will of course continue to be completely transparent on matters relating to that testing and, as I said previously but am happy to repeat, we will publish the results of this year’s programme when we have fully analysed the results. It is right for us to be as open and transparent about that to provide the further reassurance that Members have sought in this debate.

The new unit will provide essential ongoing reassurance to motorists and the wider public, and useful information to the Government and the House. In all my meetings and correspondence with the Volkswagen managing director and management board, I have been absolutely clear that the Government expect that further £1 million. I have emphasised that we will be relentless in our pursuit of the money, because we would not have been spending it had it not been for Volkswagen.

[Daniel Zeichner]

On a point of clarity, given that the welcome reimbursement of the Government by Volkswagen presumably means the company has conceded that there is an error and a problem, why can there not be similar good news for all the vehicle owners who also need compensation?

[Mr Hayes]

I agree. I believe that the consumers affected by the scandal should be compensated. I have called on the company to offer UK consumers a similar package to that given to their US counterparts—the point made by my hon. Friend the Member for South West Bedfordshire. The company will claim again, as it already has, that the United States has a different legal system with different requirements, and that that is somehow a justification for not doing what I have just called for. However, I think that the company has an ethical responsibility to do so.

We need a fair outcome for UK vehicle owners. To that end I have met legal firms that are considering taking action against Volkswagen on behalf of affected customers. I am now actively considering ways in which we can support the firms to optimise the chances of their claims succeeding—those discussions are ongoing. My officials are speaking to vehicle owners’ legal representatives, and I am happy to meet those people again. I encourage the owners of affected vehicles to look carefully at the actions the legal firms are taking and to consider whether it is right for them to join them. Compensation, far from being off the agenda, is still very high on my agenda for the reasons I have given.

Let us not forget that the issue has, as I said, left people with vehicles that they bought on one assumption but now know not to fit the bill. At the technical level, it is important that the consumers affected have their cars fixed. Volkswagen has developed technical solutions to remove the cycle recognition strategy for vehicles across their four affected brands. We have of course not relied on Volkswagen’s opinion that the solutions are appropriate, but have performed our own checks to verify the accuracy of the company’s claims and the efficacy of the devices.

As the original approval authority in the UK, the Vehicle Certification Agency has direct responsibility for signing off the Skoda technical solutions. The VCA checks that vehicle emissions, such as nitrogen oxides and carbon monoxide, and vehicle noise remain below the legal limits. As part of the testing, the VCA also checks for any adverse effect on CO₂ emissions and maximum rated engine power. I am aware that those factors have been of serious concern to affected consumers and I want to reassure people that we are closely monitoring the issue.

I have pressed Volkswagen to ensure that it implements those technical solutions as soon as possible. As of 10 April, Volkswagen had applied the fix to approximately 592,000 of the 1.2 million affected vehicles in the UK. It has put extra resources into the process as a direct result, in my view, of the pressure that I have exerted on it. I told the company I wanted that done quickly, properly, efficiently and conveniently for the customer. We are making progress, but the Department’s officials are monitoring the process carefully. I asked Volkswagen for regular updates on progress, which we are getting.

Of the seven technical solution clusters that Skoda proposed to the VCA, we have so far signed off two. Since then we have been made aware of concerns that the durability of the emissions regulation system may be adversely affected by the technical solution. The Department’s technical experts have frequently requested—I have been to meetings with Volkswagen about this—detailed information from Volkswagen, which it has often taken far too long to provide. As a result, we have had to delay the sign-off of the remaining vehicles while we continue to assess the evidence presented so far.

Separately, we are pressing Volkswagen to provide UK customers of the four VW brands that have the technical upgrade applied with a meaningful statement of its goodwill policy. Volkswagen must provide a meaningful statement of its goodwill policy—I repeat that for the sake of emphasis, though I do not want to become a creature of habit in employing the device of repetition. The company must investigate any complaints that arise from the service action, taking appropriate measures to rectify them swiftly and appropriately.

Merchant Shipping (Homosexual Conduct) Bill

Debate between Daniel Zeichner and John Hayes

Committee Debate: House of Commons
Wednesday 8th February 2017 Public Bill Committees

[Daniel Zeichner (Cambridge) (Lab)]

It is a pleasure to serve under your chairmanship, Sir Alan. I congratulate the hon. Member for Salisbury on introducing the Bill. I am delighted that it has cross-party support. I have very little to add although, in the accustomed manner, that will not stop me saying it anyway.

We very much support repealing those provisions in the Criminal Justice and Public Order Act 1994 that suggest it would be lawful to dismiss a seafarer for homosexual activity. This is a very short Bill. Clause 1 would omit from the 1994 Act sections 146(4) and 147(3):

“(homosexual acts as grounds for dismissal from the crew of merchant ships).”

Clause 2, as we have just heard, is being amended. It would have required the Act to come into force at the end of two months, but we support the amendment.

The Bill’s brevity does not in any way undermine its importance; short Bills can be quite significant, as we are discovering at the moment. There is little to amend and I hope it will be agreed that it is relatively straightforward. We are all keen that the Bill should be passed, and speedily. It is clear that the provisions that the Bill seeks to repeal have no place in a modern society based on sexual equality and inclusion. Although other countries appear to be going backwards at the moment, it is good that we continue to go forwards.

The provisions to be repealed are now legally null and void in any case, superseded as they were by the Equality Act 2010 and related regulations. Dismissing a member of a merchant ship’s crew on account of homosexual activity would be discrimination on grounds of sexual orientation, contrary to part 5 of the 2010 Act.

As we discussed on Second Reading, section 14(3) of the Armed Forces Act 2016 already repealed the parts of the Criminal Justice and Public Order Act that related to the armed forces but left in place the aspects concerning merchant ships. The Government said they would decouple the two issues and would soon act to repeal those sections concerning merchant ships.

The Bill will tidy up existing legislation and remove discriminatory language from the statute books. It is an important, albeit symbolic, gesture, so let us get it done.

[The Minister of State, Department for Transport (Mr John Hayes)]

I am delighted to serve under your chairmanship, Sir Alan. Like you, during my time in the House I have heard many hon. Members and Ministers begin their speeches by saying, “I will be brief.” The difference today is that I mean it: I will be extraordinarily brief.

I have to do only the following: to congratulate my hon. Friend the Member for Salisbury on bringing the matter to the attention of the House and to reassure the Committee that I will not be using the beautifully crafted but arid speech prepared for me by my civil servants, because I do not need to add much to what was said on Second Reading and previously.

It is a curious thing that in our age we tend to measure virtue in mechanistic terms—both curious and undesirable, I think. Men and women are driven by feeling, and what arises from feeling. So, in taking the Bill forward, let us not speak in mechanistic terms. Let us not speak drily about legal consistency and procedural certainty.

Let us delve a little deeper just for a moment. The Bill is about being fairer, kinder, more reasonable and more generous. If those are more testing virtues and more difficult to think about this morning, then so be it: we should consider them for all legislation—particularly the kind that we have before us, which involves people’s feelings, sentiments and privacy. Men and women are complicated and fascinating because of their complexity. We should at all turns, at every opportunity, try to remember those enduring values of reasonableness, kindness, fairness and generosity. In that spirit and for that purpose, I welcome the Bill.

I will say one more thing if I may. It is also common in our age to speak of transparency and openness. Let us also this morning, just briefly, make a case for privacy. The Bill would reinforce the privacy of people who simply seek to go about their lives in the way that they choose.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2

Commencement, extent and short title

Amendment made: 1, in clause 2, page 1, line 6, leave out “at the end of the period of two months beginning with” and insert “on”—(John Glen.)

Clause 2, as amended, ordered to stand part of the Bill.

Bill, as amended, to be reported.