Arrangement of Business

Earl Attlee Excerpts
Wednesday 28th March 2012

(12 years, 4 months ago)

Lords Chamber
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Earl Attlee Portrait Earl Attlee
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My Lords, it may be for the convenience of the House to know that the Report stage of the Scotland Bill will resume immediately after the conclusion of the two orders in the name of my noble friend Lord De Mauley.

Employment Tribunals Act 1996 (Tribunal Composition) Order 2012

Earl Attlee Excerpts
Wednesday 28th March 2012

(12 years, 4 months ago)

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Lord Razzall Portrait Lord Razzall
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My Lords, we have had an extremely interesting discussion, which was virtually a repetition of our debate in Grand Committee. I remain with the fear I expressed during that debate that this issue has become far too polarised. On the one hand, the proponents of the statutory instrument suggest that it will lead to a significant increase in employment, particularly in the SME sector. On the other hand, after listening to a lot of the remarks on the Labour side, one would think that one was returning to the days of the Tolpuddle martyrs. I worry about this polarisation because this is a relatively modest instrument.

As the noble Lord, Lord Whitty, indicated, I know that a lot of the evidence here is anecdotal. I now see that the noble Lord has extended his saloon-bar anecdotes beyond just Hertfordshire to the whole of the Home Counties. The evidence is not only anecdotal but based on the experience of many noble Lords who sit on boards of directors and are involved with SMEs. The evidence is therefore not entirely anecdotal, but I take the point.

This is a very modest alteration if you look at the number of people who, when the restriction was one year, actually made a claim for unfair dismissal when they were dismissed between year one and year two. There does not seem to be any significant indication that such people will lose their rights as a result of this legislation.

The point I really want to make, which I made in Grand Committee—and I am glad that one or two noble Lords on the Labour side have taken this up—is that we are in the middle of a significant internal argument around the suggestions in certain quarters that virtually all employment protection should be scrapped. This is a very serious matter. Conversely, a number of people, certainly on the coalition side, have been arguing that we need improvements in employment protection, particularly in what are described as family-friendly rights on maternity, paternity and other such issues. I hope that this will appeal to the Labour side of your Lordships’ House. If we are going to get the improvements we want in those family-friendly rights, and if we are to beat off the damaging proposals that seem to be coming from Mr Beecroft and ensure that they are not implemented, passing this modest instrument seems to be a small price to pay.

Earl Attlee Portrait Earl Attlee
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My Lords, this is not a time-limited debate, but I suggest that we hear from the noble Lord, Lord Lea of Crondall, and then the Minister.

Lord Lea of Crondall Portrait Lord Lea of Crondall
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My Lords, I have three points. First, perhaps I may pick up on the points made by the noble Lord, Lord Razzall, if I have his attention. He made what I would call a Sudetenland remark—the one made by Neville Chamberlain about “peace in our time”. If only that were so. Does he want a guarantee, a white piece of paper in his pocket that he can wave, promising that there will be no more legislation if this order is passed? Well, we shall see.

I also congratulate the noble Lord, Lord Jones of Birmingham. His joke about crèches is the worst joke I have heard in the House in the 12 years that I have been here.

My first substantive remark is about the evidence base. In Committee, I pointed out that the evidence paper presented to us as part of the background material did not give evidence as you would normally understand that term—that it was clear what would happen if you moved from one year to two years; instead, it was evidence about perception. It is probably worth repeating that the Minister said that perception is as powerful, if not more powerful, than evidence.

Today, having been given the challenge that if you have a problem of perception, your job should be to counter perception by evidence—to change the perception by talking to people—the noble Lord said, “Exactly. That is what we are trying to do”, which caused an intake of breath on these Benches. The Minister has reinforced that today by saying, “I want to meet the challenge that there is evidence of perception”. I am sure he has evidence of perception—that becomes a circular argument—but there is still no evidence.

My second remark is that noble Lords repeated three or four times the Americanism about how many people we should let go. I do not think I am alone in finding that American usage distasteful. I deplore the idea that these people want to be let go. Do they come up and say, “Please let me go”, to which the answer is, “All right, I will let you go”? They are being sacked, they are being dismissed, they are being thrown out, they are being put on the scrapheap. That is the language. I have never heard in a pub in Burton upon Trent anyone saying, “I think they’ll let me go”, when they mean that they are going to be dismissed. Does the Minister appreciate that that is not the industrial language in this country?

Finally, I echo the remarks of my noble friend Lord Whitty, supported and reinforced by my noble friend Lord Monks. If legislation through statutory instrument as deep-cutting as this goes on and on, one is cutting the legs off primary legislation. We have a growing problem in the role of the House of Lords—second only, perhaps, to the Money Bill question. We are seeing more and more statutory instruments which are not playing around with minor detail of the primary legislation but, bit by bit, salami-wise, cutting the legs off primary legislation. Does the Minister think that we can go on taking 3 million, another 3 million and another 3 million out of the scope of primary legislation without making nonsense of the conventions about the use of secondary legislation?

Olympic Games 2012: Disruption to Businesses

Earl Attlee Excerpts
Monday 26th March 2012

(12 years, 4 months ago)

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Viscount Goschen Portrait Viscount Goschen
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To ask Her Majesty’s Government what action they are taking to ensure that disruption to businesses in London caused by the 2012 Olympic Games is minimised.

Earl Attlee Portrait Earl Attlee
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My Lords, London will be open for business this summer. Everyone involved in planning for the Games is focused on delivering a great Games while keeping London and the UK moving. Since November 2010, Transport for London has been working with businesses of all sizes in the capital to help them plan ahead for the impact that the Games might have on their staff travel, their deliveries and other aspects of their operations.

Viscount Goschen Portrait Viscount Goschen
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My Lords, I thank my noble friend for that helpful Answer. Given that businesses in central London—here I have an interest of sorts to declare—have been officially advised to plan for severe disruption to their operations because of traffic congestion as a result of the Olympic route network and the congested public transport system, can he assure the House that everything possible will be done to ensure that, while the Olympic Games are a great success, the normal commercial business of London is kept moving as far as possible?

Earl Attlee Portrait Earl Attlee
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My Lords, we recognise the importance of this issue. We accept that there will be serious consequences if we get the planning wrong. There may be some severe disruption to a few businesses in certain locations, but the overall policy objective is business as usual. There will be impacts on businesses, most of which, overall, will be positive. However, there are potential adverse impacts. They can be mitigated by timely information and good planning. The website, Get Ahead of the Games, provides both the necessary information and the planning tools.

Lord Addington Portrait Lord Addington
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My Lords, does my noble friend agree that having the greatest sporting festival in the world on our doorstep is something for which we should be prepared to tolerate a little delay? Can he further give us assurances and guidance about where we have looked for examples of how best to deal with any confusion?

Earl Attlee Portrait Earl Attlee
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My noble friend makes an extremely important point. It is quite clear to me that those planning for the Olympics have carefully studied the experience of other nations when they have put their Games on, which is one reason why I think that we are on track to deliver an excellent set of Games.

Lord Davies of Oldham Portrait Lord Davies of Oldham
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My Lords, it is of course enormously important that transport in London is sustained sufficiently for normal businesses to be able to operate. However, the Minister will know of one form of business that will already be adversely affected—black cabs, which will not be able to go into these privileged lanes. So, that is one business that is facing a real challenge. Can the Minister assure us that government Ministers and others who have privileged transport will not trespass into these lanes, which we recognise are in response to the requirements of the Olympic authorities and already attract the unfortunate epithet of the Zil lanes, after the privileged form of transport in Moscow? I can think of nothing more offensive to the ordinary Londoner than to see that these lanes which are reserved for athletes to fulfil their Olympic obligations are being patronised by government Ministers.

Earl Attlee Portrait Earl Attlee
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My Lords, if I may say so, that was an ingenious question from the spokesman for the Opposition. However, noble Lords will recall that the bid plans were approved by the previous Administration. On a particular point about the Olympic route network and the Games lanes, the Games lanes will be put in place only where there are two lanes, and only for as long as necessary.

Baroness Gardner of Parkes Portrait Baroness Gardner of Parkes
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My Lords, could the Minister tell me what thought has been given to the effect on retail business of the extended closure of pedestrian crossings? Certain major roads in the centre of London will have a barrier completely down the middle, and the number of pedestrian crossings will be reduced by half. Will that not affect people in retail terms since they will be able to buy only from whatever business happens to be on their side of the road?

Earl Attlee Portrait Earl Attlee
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My Lords, it is important to remember that there will be opportunities as well as disadvantages for retail businesses. I would urge retail businesses to visit the Get Ahead of the Games website, where, by using the tools available, they will easily be able to see what the impact of travel disruption will be.

Lord Reid of Cardowan Portrait Lord Reid of Cardowan
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Perhaps the Minister could address the potential effects of a cyber surge in view of the huge interest there will be in the Olympic Games themselves, the potentially huge diversion of businesses and their employees to outside of London, based on the need to avoid any transport and other difficulties. There may well be a pretty large surge of demand for internet capabilities. Can the Minister tell us what provision or action the Government have made or taken to ensure continuity of service in the cyber and internet fields? It could cause huge disruption to business if that is not assured.

Earl Attlee Portrait Earl Attlee
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My Lords, in preparing for this Question I had not specifically looked at cyber issues. However, I know that my noble friend Lady Neville-Jones spends all her time working on cyber issues.

Lord Brooke of Sutton Mandeville Portrait Lord Brooke of Sutton Mandeville
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Does my noble friend regard it as a good or a bad omen that the first appearance of the phrase “the rush hour” in the English language appeared within two years of the first modern Olympic Games in 1896?

Earl Attlee Portrait Earl Attlee
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Yet another interesting question from my noble friend.

Lord Berkeley Portrait Lord Berkeley
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My Lords, will the Minister expand a little on his response to my noble friend Lord Davies of Oldham? We read in the press of the arrival of hundreds if not thousands of members of the Olympic family—which I think probably means the International Olympic Committee and all the hangers-on. No doubt each participating member state will send a senior Minister and their entourage, and that is before we get to our own Ministers. Will all these people be able to use these special lanes in addition to the athletes—who are the ones we want to get there on time—or will they be confined just to the athletes? If the lanes are extended to all these other people who think that they have a role to play then, as my noble friend said, the public will get very angry indeed.

Earl Attlee Portrait Earl Attlee
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My Lords, the noble Lord will understand that the provision of the Olympic route network was a key component of our bid to host the Olympics. If we had simply said to the International Olympic Committee, “Oh yes, we will have a great transport system”, we simply would not have secured the bid. We had to tell the International Olympic Committee specifically how we would provide the transport, including the Olympic route network.

Lord Elton Portrait Lord Elton
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My Lords, can my noble friend readdress the question asked by my noble friend Lady Gardner of Parkes? If 50 per cent of the crossing places in, for instance, Oxford Street are to be closed and barriers will make it impossible to cross the road other than in the remaining 50 per cent of places, many people who are not that fit will have to make very long journeys on foot to get across the road, even when it is not rush hour. That, together with fighting against the tide, will put some people out of the commercial race altogether.

Earl Attlee Portrait Earl Attlee
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My Lords, I understand my noble friend’s point but, where restrictions are planned, they will be in place only for as long as necessary.

Lord Hughes of Woodside Portrait Lord Hughes of Woodside
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My Lords, the Minister keeps repeating that this or that plan has been approved and that this or that has got us the Games. Will he please tell us who will be able to use the lanes? It is quite simple and straightforward.

Earl Attlee Portrait Earl Attlee
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My Lords, the answer is athletes, technical officials, media covering the Games, the Olympic and Paralympic family, and Games partners, who provide £1 billion funding for the Games and contribute to the operational running of the Games.

Lord Broers Portrait Lord Broers
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My Lords, can the Minister reassure us that there will be excellent communications between the various modes of transportation so that those involved in surface rail will talk to those who work on the Underground, and vice versa? Last week there was a massive delay at Waterloo, yet the Underground had no notice of this and went on piling people into Waterloo. I hope that the two will talk to each other during the Games.

Earl Attlee Portrait Earl Attlee
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My Lords, I know that generally noble Lords have been disappointed with some of the information systems during transport disruptions. I recently visited the Transport for London surface operations control centre in London and was very impressed by it. In addition, for the Games a transport co-ordination centre will ensure co-ordination and communication between all transport operators, authorities and Games organisers. It will focus on transport operations that could affect delivery of the Games and it will be funded by the Olympic Delivery Authority.

Lord Tomlinson Portrait Lord Tomlinson
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Does the noble Earl accept that, although privileged access to Downing Street is worse than privileged access to the Games, nevertheless privileged access to the Games, as well as to Downing Street, will be found repugnant by many British people?

Earl Attlee Portrait Earl Attlee
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My Lords, I hope the noble Lord understands that these plans were approved by the previous Administration. This Government were not in a position to alter the bid made by that Administration.

Airports (Amendment) Bill [HL]

Earl Attlee Excerpts
Friday 16th March 2012

(12 years, 4 months ago)

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Earl Attlee Portrait Earl Attlee
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My Lords, first, I offer my sincere congratulations to the noble Lord, Lord Empey, on securing a Second Reading for his Bill. We have had a fascinating and informative debate, and the noble Lord, Lord Clinton-Davis, is right to say that we should be discussing this matter today. I also commend the noble Lord, Lord Empey, for his detailed and thorough engagement with Members of the European Parliament and officials from the UK’s permanent representation in Brussels in pursuance of the Bill. He is a model of how to deal with problems of this nature.

The Bill’s aims are laudable in seeking to introduce powers that would allow the Secretary of State for Transport to ring-fence take-off and landing slots at congested London airports to ensure the future protection of regional air services, in particular to Northern Ireland and Scotland. The noble Lord, Lord Rogan, talked about the need for a level playing field between the centre and the periphery and the noble Lord, Lord Davies of Oldham, made some valid points about the regions.

We recognise that regional airports, including Luton, make a vital contribution to local economies and that regional connectivity is very important. For some remoter areas of the UK, regional air services are not a luxury but a vital means of connectivity, as many noble Lords have observed. I acknowledge too the concerns of the noble Lord, Lord Empey, that the provision of commercial air services is subject to market forces. Ultimately, airlines operate in a competitive commercial environment and it is for them to determine the routes that they operate.

It is possible, therefore, to imagine that at some future point airlines currently operating services from Northern Ireland and Scotland to Heathrow could decide to reduce or withdraw them and use the relevant Heathrow slots for alternative services. It has been suggested that we cannot leave this issue to the commercial market. However, the picture is not necessarily as bleak as the noble Lord fears, as at present there are many flights from Northern Ireland and Scotland into Heathrow and it is likely that many deliver a commercially attractive return in comparison to other potential routes; for example, as feeder flights for long-haul services.

The noble Lord, Lord Maginnis, talked about the need to meet all demand for air passenger services. Currently, more than 18,000 flights per year operate between the two Belfast airports and the five main London airports, of which nearly 7,000 are between Belfast and Heathrow. These routes are well used, with more than 2 million passenger journeys in 2010 between Belfast and London, of which more than 750,000 were between Belfast and Heathrow. My noble friend Lord Caithness mentioned some of the difficulties with the Bill and described the current situation with services. Scotland is also well connected, with more than 60,000 flights per year between Aberdeen, Edinburgh and Glasgow and London airports, carrying 5.8 million passengers in 2010. Of these, more than 27,000 were between Scotland and Heathrow, carrying 2.9 million passengers in 2010.

As the noble Lord, Lord Empey, correctly states, world slot guidelines determined by the International Air Transport Association are reflected in the European Union regulations that govern the allocation, transfer and exchange of slots at Heathrow and other slot co-ordinated airports in the UK. I note the warning from my noble friend Lord Caithness about government interference in these arrangements.

EU law provides some scope to protect regional air services by allowing member states to impose public service obligations—PSOs—to protect air services to airports serving a peripheral or development region, or on thin routes considered vital for a region’s economic and social development. It would be open to devolved Administrations in Northern Ireland and Scotland to apply to the Secretary of State to impose a PSO on an air route, should they feel that a case can be made that satisfies the EU regulation. If approved, this would permit ring-fencing of slots at a relevant London airport.

An important principle of PSOs is that they can be imposed only when it is necessary to ensure adequate services between two cities or regions, rather than to link individual airports, which is precisely the problem that we are dealing with. Importantly, this means that when judging whether a region has adequate services to London, it is necessary to take into account the level and nature of services to all five main London airports. I have to tell the House that there is currently no other mechanism for the Government to intervene in the allocation of slots at Heathrow or other London airports.

Under European law, the potential for ring-fencing slots at Heathrow to protect regional services is to be dealt with by reference to the PSO rules alone. Therefore, to create a parallel more wide-ranging set of rules would be incompatible with EU law. The Bill is therefore contrary to EU regulations because it would, in effect, override the strict criteria and processes by which European Governments can intervene on route operations. However, as already indicated in the Explanatory Memorandum submitted to Parliament on the European Commission’s Better Airports package, the proposal to amend the slot regulations provides an opportunity for the UK to highlight this issue with the Commission and explore measures to help secure, if necessary ongoing, provision of air services between UK regions and congested London airports.

That said, the prospect of securing such amendments will be challenging, and chances of success may be limited, because introducing a mechanism to protect routes that are at present well served by economically viable air services would necessitate a fundamental change to the existing applicable EU law.

My noble friend Lord Caithness also warned us about the impact on competition if the Bill were to be passed. We are currently considering what options are available that would achieve the connectivity objectives within the Bill, without having a serious detrimental effect on competition in the wider aviation market, which could affect UK aviation interests.

I am conscious that the proposed sale of BMI to the parent company of British Airways, IAG, has focused particular attention on regional air connectivity, prompting concerns about reduced flight frequency on routes on which BA and BMI currently compete, leaving BA as the sole operator on some routes from Heathrow—for example, to Aberdeen, Edinburgh and Manchester—with too much market dominance that could impact on air fares.

Any competition issues arising from the proposed sale are subject to investigation by the European Commission competition authority, which holds jurisdiction to consider whether airline acquisitions and mergers may lead to a substantial impediment to effective competition in a substantial part of the EU. IAG’s proposed acquisition of BMI was formally notified to the competition authority on 10 February. The Commission’s published provisional deadline for reaching a decision on its phase 1 investigation is Friday 30 March. The UK Office of Fair Trading is in contact with the Commission competition authority in relation to the proposed sale. Noble Lords will appreciate that the sale of BMI is a commercial matter for the companies involved. As the proposed sale is subject to competition inquiries, it would not be appropriate for me to comment further at this stage.

More generally, I assure noble Lords that a key part of the Government's approach to aviation is to seek to create the right conditions for regional airports, including those in Scotland and Northern Ireland, to flourish. We have committed to producing a sustainable framework for UK aviation which supports economic growth and addresses aviation’s environmental impacts. We intend to consult shortly on a new aviation policy framework, which will set out our overall aviation strategy. Alongside this, we plan to issue a call for evidence on maintaining the UK’s international connectivity.

The noble Lord, Lord Soley, in his interesting speech, suggested that our forthcoming aviation policy framework paper may leave a big hole in the middle of it. In the extremely unlikely case that that is proved to be correct, I am sure that the noble Lord, Lord Davies, will drop me in it at least once if not several times.

The noble Lord, Lord Laird, talked about tourism from the United States. He will be aware that there is a direct air service between Belfast International and Newark, New York with United Continental airlines. The noble Lord, Lord Clinton-Davis, touched on the Civil Aviation Bill. As drafted, it does not cover the third runway of Heathrow or slot allocation. The noble Lord made important observations about the technical improvement of aircraft, particularly in respect of noise. He also touched on the Thames estuary airport. As the Chancellor said in his Autumn Statement, the Government are committed to maintaining the UK’s hub aviation status. As part of that commitment, we will commission a call for evidence on the options for ensuring that the UK maintains its international air connectivity. We intend to publish a call for evidence alongside our consultation on the new aviation policy framework shortly.

The noble Lord, Lord McKenzie, talked about the attractions of Luton Airport. I have already visited Gatwick and Heathrow and am due to visit Manchester shortly. I visited Luton some time ago, but I will try to do so again.

My noble friend Lord Spicer asked me about the letter from 70 businessmen. I fear that he will have to wait for the consultation paper.

The noble Lord, Lord Rogan, talked about the lack of business connectivity through Heathrow. It is open to passengers using regional airports to utilise other hub airports to access worldwide airlines.

In conclusion, on the basis that the Bill would be incompatible with EU law, the Government will not be able to support the Bill’s passage into legislation, nor could we entertain a corresponding amendment to the Civil Aviation Bill. I am grateful for the very sensible position of the noble Lord, Lord Davies of Oldham, speaking from the opposition Front Bench, and his comments on the desirability of the Bill. However, as I have indicated, we are committed to highlighting the issue of regional connectivity in the context of the forthcoming reform of the EU slot regulations and intend to explore measures to help to secure the ongoing provision of air services between UK regions and congested London airports.

Railways: Level Crossings

Earl Attlee Excerpts
Thursday 15th March 2012

(12 years, 4 months ago)

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Lord Faulkner of Worcester Portrait Lord Faulkner of Worcester
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To ask Her Majesty’s Government what support they are giving to Network Rail’s efforts to improve safety at railway level crossings.

Earl Attlee Portrait Earl Attlee
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My Lords, overall, level crossing safety performance is currently high and an industry safety framework exists to manage risks. The legal duties for safety at level crossings lie with Network Rail as the safety duty holder, while their monitoring and enforcement are the responsibility of the Office of Rail Regulation. We welcome Network Rail’s continuous efforts to reduce risks and improve level crossing safety.

Lord Faulkner of Worcester Portrait Lord Faulkner of Worcester
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My Lords, I take it that the Minister accepts that rail travel is now safer than it has ever been, and that the greatest risk on the railway now comes from user-worked crossings and from motorists and other road users running red lights or weaving around barriers. British Transport Police advises us that last year there were 2,637 cases of people failing to obey traffic signals at level crossings. Can the Minister assure us that shortage of funds will not stop Network Rail installing the latest technology at the 600 riskiest user-worked crossings? Secondly, what are the Government doing to support the trialling and introduction of red light enforcement cameras? Is he aware that the Home Office is taking up to 24 months to test and approve a product for railway level crossings that is already in widespread use on A roads and motorways?

Earl Attlee Portrait Earl Attlee
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My Lords, the noble Lord has asked quite a few questions. User-worked crossings are indeed very hazardous. There are 2,500 of them and they are often used as farm crossings. He also asked about their financing. It can be very difficult to build a good business case because of the low risk of an accident occurring at each individual crossing. He also asked me about the trialling of cameras. I am aware of this problem. Similar problems arise in respect of roadside drug-testing equipment. It is important to recognise that approval of this equipment is an important component of our legal system. I understand that the British Transport Police has not yet submitted a formal application. For my sins I am the Home Office spokesman and I will draw this matter to the attention of my right honourable friend the Home Secretary.

Lord Bradshaw Portrait Lord Bradshaw
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I am sure my noble friend will agree that level crossings represent the largest risk of a serious rail accident occurring. Will he please give the House an assurance that the Government will look at the procedures for closing level crossings? Such closures are usually opposed by highway authorities down to the Ramblers’ Association and with 100 organisations in between, and yet many could be closed without serious detriment to public convenience. If he would do that I would be very much obliged.

Earl Attlee Portrait Earl Attlee
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My Lords, my noble friend is right to draw attention to this serious risk, which is why Network Rail pays so much attention to it. It is important to understand that we have far and away the best record on this matter in Europe, with the exception of Ireland, which is only slightly better. In this control period Network Rail will close around 556 crossings. I imagine that many of these are footpath or farm crossings. However, providing just a footbridge costs £750,000. It is very hard to construct a robust business case given the very low chance of an accident occurring at any particular crossing. Network Rail is trying to reduce the cost of these bridges. It is important to understand that where the risk is known to be higher, a crossing system with increased protection will already have been installed.

Lord Davies of Oldham Portrait Lord Davies of Oldham
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My Lords, after the court judgment against Network Rail in February over deaths that occurred on a level crossing, the executives donated their bonuses to a charity to promote level crossing safety. Is the safety of our railways to be dependent on such quixotic gestures, or should the people responsible for the safety of the railways make sure they do a proper job?

Earl Attlee Portrait Earl Attlee
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My Lords, the biggest problem with level crossing safety is the behaviour of pedestrians, particularly when they get distracted. All four fatalities that occurred last year were behaviour-related and almost exclusively involved a distraction problem. The best thing that Network Rail can do is to educate people, so that sounds like rather a good strategy on its part.

Viscount Tenby Portrait Viscount Tenby
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My Lords, is the Minister satisfied that the legislation regarding people who deliberately flout the regulations on level crossings is sufficiently draconian?

Earl Attlee Portrait Earl Attlee
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My Lords, the noble Viscount’s question links in very well with that of the noble Lord, Lord Faulkner. It is of course a very serious motoring offence to zigzag around the barriers, but you need to have the evidence to prosecute. The noble Viscount makes a good point, and that is what we are working on.

Planning: Ancient Woodland

Earl Attlee Excerpts
Tuesday 13th March 2012

(12 years, 4 months ago)

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Lord Redesdale Portrait Lord Redesdale
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To ask Her Majesty’s Government what plans they have to improve ancient woodland protection in the final version of the National Planning Policy Framework.

Earl Attlee Portrait Earl Attlee
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My Lords, ancient woodland and the substantial contribution it makes to our environment is very important to the coalition Government. We will reflect this importance in the final version of the National Planning Policy Framework, but noble Lords will understand that I cannot anticipate its content before it is published.

Lord Redesdale Portrait Lord Redesdale
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My Lords, I thank the Minister for that reply. However, there is a great deal of concern that the caveat placed on the value of economic development as a reason for granting planning permission could be seen as a worry, especially as it is sometimes quite difficult to put an economic value on ancient woodland, which is clearly irreplaceable. Secondly, has the Minister considered dipping into his own pocket and contributing to the Woodland Trust’s Jubilee Woods campaign? It includes a copse for parliamentarians. Perhaps I may add before the noble Lord, Lord Berkeley, laughs that I am sure that he will be contributing as well.

Earl Attlee Portrait Earl Attlee
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My Lords, the first point is that no economic value can be put on ancient woodland, because it is irreplaceable. The consultation draft framework maintained a strong protection but, as with current policy, it did not entirely close the door on any loss of ancient woodland. For example, a loss might be justified where a local highway authority wants to make a road junction improvement to save lives. However, as we are carefully considering all the responses on this policy, I am not going to speculate about the content of the final framework.

Earl of Clancarty Portrait The Earl of Clancarty
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My Lords, will the Minister take note that the destruction of ancient woodland is not just a threat but a reality as, appallingly, we have lost 111 such areas in the past 10 years? Will he also take serious consideration of the wider picture of the potential loss to development of large areas of important woodland through council sell-offs, such as, indeed, the recent decision by Somerset County Council to sell a sizeable area of the Quantocks, a decision which many hope will be reversed—land which Wordsworth and Coleridge once roamed across and the public have had access to for a very long time?

Earl Attlee Portrait Earl Attlee
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My Lords, the noble Earl refers to incidents affecting ancient woodland. That was an incident of ancient woodland being taken but I suspect that it does not necessarily mean that the whole of the wood has been taken. When ancient woodland is sold, perhaps by a local authority, it does not alter the need to obtain planning consent for any development; and as noble Lords know, it is very difficult to get planning consent if it involves taking ancient woodland.

Lord Bishop of Newcastle Portrait The Lord Bishop of Newcastle
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My Lords, trees and woodlands are enormously important to us and to the future of our world, and the tree planting scheme to mark the Diamond Jubilee is yet one more example of that. However, can the Minister assure me that within the National Planning Policy Framework there will be proper protection for undesignated trees and woodland areas and an encouragement to create more community-owned woodlands in this country?

Earl Attlee Portrait Earl Attlee
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My Lords, I am sure that there will be protection for undesignated woodland. However, the point is that there is very strong protection for ancient woodland because it cannot possibly be replaced or replicated.

Baroness Royall of Blaisdon Portrait Baroness Royall of Blaisdon
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My Lords, as the Minister will know, the provisional ancient woodland inventory of England and Wales was prepared by the Nature Conservancy Council and is now commonly referred to as the provisional ancient woodland register. Is he satisfied that the ancient woodland register, being provisional, is an adequate basis for the protection purportedly afforded ancient woodlands by paragraph 169 of the NPPF?

Earl Attlee Portrait Earl Attlee
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My Lords, I am satisfied that the NPPF will protect ancient woodland.

Lord Tope Portrait Lord Tope
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My Lords, the Minister has said that he will not speculate on the content of the final version. Can he tell us when our speculation will end, when it will be published and when we can judge for ourselves whether the final version of the NPPF gives equal weight to longer-term environmental and social concerns, as it undoubtedly will to more immediate demands for economic growth?

Earl Attlee Portrait Earl Attlee
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My Lords, the short answer to my noble friend is: the end of the month.

Lord Brooke of Alverthorpe Portrait Lord Brooke of Alverthorpe
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Like other noble Lords I have been waiting patiently for the noble Earl to respond to the other question from the noble Lord, Lord Redesdale, about whether he will contribute to the fund that has been established.

Earl Attlee Portrait Earl Attlee
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My Lords, I am a classic impoverished Earl.

Lord Hylton Portrait Lord Hylton
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My Lords, in the present economic situation, would the Minister not agree that British woodlands and forests should be developed in the most commercial way possible while making allowances for ancient woodland? Does he also agree that such woodlands can be treated as quite small areas, rather like sites of special scientific interest?

Earl Attlee Portrait Earl Attlee
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My Lords, all noble Lords understand the environmental benefit of ancient woodland, but it has some commercial benefit as well. Interestingly, hardwood production in the UK amounts to half a million tonnes and total softwood production is 9.5 million tonnes.

Lord Phillips of Sudbury Portrait Lord Phillips of Sudbury
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My Lords, I should perhaps declare that I own a small tract of ancient woodland in south Suffolk. Given the increasing recognition of the revitalising influence of woodland in an increasingly denatured culture, are the Government sympathetic to trying to encourage the laying down of new deciduous woodland?

Earl Attlee Portrait Earl Attlee
- Hansard - -

Yes, my Lords.

Railways: Great Western Franchise

Earl Attlee Excerpts
Tuesday 6th March 2012

(12 years, 4 months ago)

Lords Chamber
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Lord Berkeley Portrait Lord Berkeley
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To ask Her Majesty’s Government whether the new Great Western rail franchise specification for trains between Bath, Bristol, Newport and Cardiff, and intermediate stations, will take into account recent increases in population and demand.

Earl Attlee Portrait Earl Attlee
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My Lords, recent increases in population and demand will indeed be taken into account. In drawing up the objectives for the new Great Western franchise, emphasis has been placed on the need to provide appropriate capacity for passengers, within the constraints of affordability and available infrastructure. We are looking closely at recent growth trends and forecast demand as part of the specification process.

Lord Berkeley Portrait Lord Berkeley
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I am grateful to the Minister for that Answer. Presumably he will have read—because I sent it to him—a report of the West of England Partnership’s Joint Transport Executive Committee, which the committee will in fact discuss tomorrow, proposing a greater Bristol-area metro network with much more frequent regional trains and some extra new stations. Will he ensure that that kind of specification is included in the tender specification for the new franchise?

Earl Attlee Portrait Earl Attlee
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My Lords, the noble Lord raises an extremely important point. The Government’s objective is to strike an equitable balance of stakeholder interests: the fare payer, the taxpayer, the long-distance business traveller and the commuter. These stakeholders are obviously in conflict. Because of this, we urge our friends in the west and south-west of England to reach a consensus on their priorities so that we can use our resources to progress them to best effect.

Lord Bradshaw Portrait Lord Bradshaw
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My Lords, the last Great Western franchise was almost a disaster from the day it was let. It has had to be rescued both with more rolling stock and more money. Will the Minister give an undertaking that, whichever bids are received for the new franchise, they are robust bids and, as it will be a 15-year franchise, that they will include quite a contribution of new ideas, new rolling stock and new infrastructure?

Earl Attlee Portrait Earl Attlee
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My Lords, my noble friend makes important points. Although value for money is high up on the agenda, given the challenges set by the McNulty review, the exact evaluation criteria are yet to be determined, but they will reflect the franchise objectives that, for clarity, are managing change, providing appropriate capacity, ensuring that the passenger experience continues to improve, operational and environmental performance, and delivering efficiencies.

Lord Bishop of Exeter Portrait The Lord Bishop of Exeter
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My Lords, the Great Western franchise is one of the most complex in the country, with a clear demarcation between the London-Swansea access and the London-Penzance access. It is vital that fair balance is maintained in the specification to reflect the needs of the whole community. However, in the West Country, there are very real concerns about whether that will be the case. In particular, there is a high degree of uncertainty about the integrity of the franchise specification. Can the Minister offer a clear statement for the Department for Transport about whether the specification will be a guidance document only for bidders or whether it will be regarded as the default position? Does he recognise that the danger is that bidders will front-load the premium payment for the franchise at the expense of essential elements within the specification and that the south-west peninsula could be the loser?

Earl Attlee Portrait Earl Attlee
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My Lords, the right reverend Prelate asked several extremely complicated questions, and I think it would be better if I wrote to him. However, I have confidence in the whole franchising process. We are determined to strike the right balance between the needs of all stakeholders. As I said in my response to the Question asked by the noble Lord, Lord Berkeley, there is a conflict between stakeholders that needs to be resolved.

Lord Brooke of Alverthorpe Portrait Lord Brooke of Alverthorpe
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My Lords, I will keep my question brief and simple. Will the Minister confirm that the present rolling stock on the line is quite inadequate, and that it would be totally unreasonable to expect it to continue to be used until electrification in 2018? In the circumstances, and with reference to his first Answer, will he confirm to the people in that part of the country who use the line that the franchise will invite new rolling stock?

Earl Attlee Portrait Earl Attlee
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My Lords, first, we need to be careful about being too specific about which rolling stock should be used. To do so would compromise the negotiations between the train operating company and the rolling stock company. However, a new fleet of IEP trains is expected to be provided for the franchise for InterCity services. This project was initiated by the previous Administration. The new operator is expected to take responsibility for the provision of other rolling stock on the franchise.

Lord Cormack Portrait Lord Cormack
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If the Government attach such importance to value for money, why are they persisting with HS2?

Earl Attlee Portrait Earl Attlee
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My Lords, HS2 is somewhat wide of the Question on the Order Paper.

Baroness Corston Portrait Baroness Corston
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My Lords, in his Answer to my noble friend Lord Berkeley, the Minister referred to conflicts in the greater Bristol and south-west England area. Will he confirm whether the department is looking kindly on the proposal for the greater Bristol metro?

Earl Attlee Portrait Earl Attlee
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My Lords, the document that the noble Lord, Lord Berkeley, referred to covers the Bristol metro. It would be very helpful to have a response from local stakeholders on how they want the balance to be struck between the needs of the metro system and those of longer-distance travellers.

Baroness Randerson Portrait Baroness Randerson
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Will the Minister give us an assurance that the franchise will be let in a manner that is compatible with the establishment of a south Wales valleys metro—a project on which there is a considerable degree of consensus and unanimity in the area?

Earl Attlee Portrait Earl Attlee
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My Lords, I am sure that officials take all relevant considerations into account, but I cannot comment on my noble friend’s particular point.

Lord Davies of Oldham Portrait Lord Davies of Oldham
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My Lords, no doubt rail passengers will look with some hope—which we expect to be fulfilled—for the improvement of a service that has been the subject of considerable criticism and dismay among passengers right along the line. Will the Minister confirm that the terms of the franchise will allow fares to be increased by 8 per cent in 2013-14, and possibly thereafter?

Earl Attlee Portrait Earl Attlee
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My Lords, I am not aware of the noble Lord’s particular point, but we cannot operate a railway system for free; it has to be paid for, and paid for by fares.

Lord West of Spithead Portrait Lord West of Spithead
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My Lords, on this Cornish patron saint’s day, will the Minister support the continuance of the overnight sleeper service to Cornwall?

Earl Attlee Portrait Earl Attlee
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My Lords, unfortunately I omitted to ask about the overnight sleeper service to Cornwall. However, some of my ministerial colleagues have great affection for that service.

Gypsies and Travellers

Earl Attlee Excerpts
Tuesday 6th March 2012

(12 years, 4 months ago)

Lords Chamber
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Lord Avebury Portrait Lord Avebury
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To ask Her Majesty’s Government what is their response to the communication from the Commissioner for Human Rights of the Council of Europe on the adequacy of the provision of accommodation for Gypsies and Travellers in the United Kingdom.

Earl Attlee Portrait Earl Attlee
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My Lords, my right honourable friend the Secretary of State for Communities and Local Government replied to the letter from the Commissioner for Human Rights of the Council of Europe on 27 February. A copy was placed on the Council of Europe’s website on 1 March. The Secretary of State’s letter gave details of the measures the Government are taking to improve the situation of Travellers, particularly in relation to the provision of sites.

Lord Avebury Portrait Lord Avebury
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My Lords, my noble friend may be aware that local authorities are intending to provide planning permission for less than half of the accommodation that was shown to be necessary in the comprehensive assessment of need conducted during the previous Parliament. First, what immediate action are the Government going to take to increase the number of sites in order to match their legal obligation as identified by the high commissioner to provide adequate housing for Gypsies and Travellers? Secondly, have any of the local authorities and social housing agencies to which the Government recently granted a total of £47 million to build new sites identified the land they intend to use for this purpose, let alone applied for planning permission on it?

--- Later in debate ---
Earl Attlee Portrait Earl Attlee
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My Lords, my noble friend’s question on whether local authorities have identified the land suitable for pitches is a matter for them. If I have any further information that I can give him, of course I will do so. In response to the most important question put by my noble friend, the new homes bonus will match fund the additional council tax raised for new homes, including Traveller pitches, for the next six years. Traveller pitches are usually rated as band A so at present local authorities will get a bonus of £959 per year for six years for each new pitch. Traveller pitches owned by local authorities and housing associations will attract an additional £350 per year enhanced bonus, like other affordable homes.

Baroness Whitaker Portrait Baroness Whitaker
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My Lords, one of the key points made by Dr Hammarberg in his letter to Mr Pickles was about the “significant hurdle” concerning the requirement that for planning permission, the applicant has to establish “Gypsy status” and demonstrate particular “working patterns”. Will the Government now dissociate the granting of planning permission from these inappropriate and restrictive criteria?

Earl Attlee Portrait Earl Attlee
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My Lords, the Government will publish the national planning policy framework by the end of this month, and shortly we will announce our conclusions resulting from all the consultations we have held related to Travellers.

Lord Laming Portrait Lord Laming
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My Lords, does the Minister agree that the Gypsy way of life is extremely hard and that the best hope for them and, indeed, for society as a whole is the provision of sufficient official pitches so that the children—the next generation—can receive a proper education and thereby have an alternative lifestyle available to them?

Earl Attlee Portrait Earl Attlee
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My Lords, I agree entirely with the noble Lord’s point.

Lord Hamilton of Epsom Portrait Lord Hamilton of Epsom
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Does my noble friend not agree that there is a serious problem here in that as local authorities provide pitches for Gypsies and Travellers, the number of Gypsies and Travellers increases, so we are always behind the curve? Is there not a problem here if we go on providing pitches and the demand continues to increase?

Earl Attlee Portrait Earl Attlee
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My Lords, there are some who think that; it may be the case or it may not. Our duty is to meet the need and we are doing that by means of the new homes bonus and other incentives to deal with the problem identified by my noble friend.

Lord Bishop of Exeter Portrait The Lord Bishop of Exeter
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My Lords, would it not be helpful for the Secretary of State to meet directly with representatives of the Gypsy and Traveller community to discuss with them the issues raised by the Commissioner, and together with them develop measures to deal with those problems? Further, can he say whether the Secretary of State does have such plans?

--- Later in debate ---
Earl Attlee Portrait Earl Attlee
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My Lords, I would be very surprised if the appropriate Minister does not have discussions with the relevant organisations.

Lord Elystan-Morgan Portrait Lord Elystan-Morgan
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My Lords, is the Minister aware that about a quarter of a century ago a very distinguished High Court judge, the late Mr Justice Peter Pain, when hearing an application from a local authority in south Wales for an injunction to clear Gypsies from a lay-by said, “I will not grant this injunction because an injunction is an equitable remedy. To claim an equitable remedy you must be equitable. I will only grant the injunction to those local authorities which can show that they have taken seriously their statutory obligations in relation to Gypsies”.?

Earl Attlee Portrait Earl Attlee
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My Lords, the noble Lord makes an important and interesting point. It is much easier to have an unauthorised encampment removed if the local authority has already made appropriate provision.

Lord McKenzie of Luton Portrait Lord McKenzie of Luton
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My Lords, as the Minister has acknowledged, there is a shortage of adequate permanent and transit sites for Gypsies and Travellers, but, at the same time, the Government are dismantling regional spatial strategies, one of the objectives of which was to set targets concerning the number of pitches that each local authority should provide. What evidence do the Government have which suggests that the replacement duty to co-operate will better encourage local authorities to meet their own and their neighbours’ responsibilities?

Earl Attlee Portrait Earl Attlee
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My Lords, as I have said, we have not seen the full government policy because that will be announced shortly. The previous Government’s model of top-down pitch targets under regional strategies has not delivered. Between 2000 and 2010, the number of caravans on unauthorised developments increased from 728 to 3,895.

Baroness Sharples Portrait Baroness Sharples
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If they are Travellers, why do they not travel rather than getting settled in one spot?

Earl Attlee Portrait Earl Attlee
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My Lords, some Travellers are static, partly because there are not the opportunities around the country and their patterns of work are changing. It would be better in those circumstances if they remained static so that their children could be properly educated, as suggested by the noble Lord, Lord Laming.

Roads: Traffic Lights

Earl Attlee Excerpts
Monday 27th February 2012

(12 years, 5 months ago)

Lords Chamber
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Lord Spicer Portrait Lord Spicer
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To ask Her Majesty’s Government what consideration they have given to allowing traffic to turn left at a red traffic light in the way that certain authorities in the United States permit vehicles to turn right.

Earl Attlee Portrait Earl Attlee
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My Lords, we believe it is unnecessary since, unlike in the United States, most UK traffic lights use traffic-responsive systems to reduce delays and improve traffic flow. In addition, the majority of UK signal junctions are provided with pedestrian facilities, which give a green signal only when conflicting traffic is stopped. Any proposal to allow traffic to turn through pedestrian signals would need to resolve the potential for pedestrian safety to be compromised.

Lord Spicer Portrait Lord Spicer
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I thank my noble friend for that Answer but the position in the United States needs to be made clear. According to the American embassy, ever since 7 December 1975 every state has permitted right turning on red traffic lights with no consequent detrimental effect on safety, and with a positive effect on the flow of traffic and, therefore, on energy conservation. Why can we not try something similar with left-turning traffic lights here?

Earl Attlee Portrait Earl Attlee
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My Lords, the short answer to the noble Lord’s last point—why can we not try something similar here—is that we believe that it would increase the accident rate. It is very important to understand that the road layout in the United States, particularly in urban areas, is very different from that in the United Kingdom. There is far more space, the junctions are much larger and the cities tend to be laid out on the grid system.

Lord Berkeley Portrait Lord Berkeley
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My Lords, does the noble Earl agree that the main difference between the United States and here is that being a pedestrian is thoroughly discouraged in the US? You are supposed to drive around 50 yards if you have to and I do not think that there are any bicycles at all. Given that we have lots of pedestrians and a growing number of cyclists, does he agree that, if anyone is going to turn left on a red light, it would be much better if they were cyclists, if it is to be done carefully?

Earl Attlee Portrait Earl Attlee
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My Lords, noble Lords behind me are saying, “No way”, and I think they are right. There are already ways of giving cyclists priority over other traffic and improving their safety at junctions—for example, by introducing advance stop lines and cycle bypasses, and providing dedicated traffic signals for cyclists if required.

Baroness Kramer Portrait Baroness Kramer
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My Lords, I am sure the Minister will be aware that New York City does not permit the right turn on red precisely because its layout is so similar to the kind that we see in cities and towns across the UK. Having spent many years driving in the United States, in places that permit a right turn on red, I can say that the problem is not traffic. You can see clearly whether traffic is in the way ahead and to the left, but it is virtually impossible to see whether pedestrians are crossing ahead and to the right. Therefore, in support of all those Members who have said that the difference is that we live in a pedestrian’s world, the United States regards pedestrians pretty much as aliens.

Earl Attlee Portrait Earl Attlee
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My noble friend is absolutely right in all respects.

Lord Davies of Oldham Portrait Lord Davies of Oldham
- Hansard - - - Excerpts

My Lords, I am normally in favour of the British public moving leftwards with the greatest possible facility but on this occasion I agree with the Minister. Very serious accidents have recently been caused by large vehicles turning left and hitting either cyclists or pedestrians because their visibility was restricted. As the Minister has indicated, the fact that our junctions are so much more difficult than the grid system in the United States creates an additional danger and disadvantage.

Earl Attlee Portrait Earl Attlee
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My Lords, I am very grateful for the noble Lord’s observations.

Lord Skelmersdale Portrait Lord Skelmersdale
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My Lords, although this question refers specifically to the United States, has my noble friend considered the position in France, where the conditions are very similar to our own?

Earl Attlee Portrait Earl Attlee
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My Lords, if you look at Paris the conditions are more similar but, as I understand it, Paris was relaid out at one point so the road conditions there are different from those in the United Kingdom. In addition, as I said in my initial Answer, our traffic light system is responsive, so allowing left turns would not give the improvements in productivity that you would get in other countries.

Consumers: Low-Cost Flight Information

Earl Attlee Excerpts
Monday 27th February 2012

(12 years, 5 months ago)

Lords Chamber
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Earl Attlee Portrait Earl Attlee
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My Lords, I am grateful to the noble Lord, Lord Mitchell, for introducing this Question for Short Debate and to all other noble Lords who have contributed.

In an open free-market economy such as ours, with its age-old emphasis on enterprise and initiative, there can be no objection to firms choosing business models that suit their aims, even if it causes them reputational issues. My noble friend Lord Black of Brentwood described some of the benefits of low-cost airlines. They have been innovative and successful, and have grown into important players in the aviation industry, employing substantial numbers of people and utilising great amounts of capital. Schedule airlines, operating to different business models, are holding their own. I should therefore like to add to the premise of the noble Lord’s debate that people buying scheduled airline tickets on the internet also need access to the information they require.

The UK aviation market is diverse and supports consumer choice. What suits a solo flyer with no baggage might not suit a family of four with hold baggage who would like a meal on their flight. The UK’s aviation market has evolved to support these different needs. As a consequence of this diversity and choice, air fares can come with a range of extras, fees and charges. Airlines are required to publish on their websites the information about these fees and charges, but it can be hard for consumers to compare them when they are shopping around for the best price for an air ticket, as has been pointed out by many noble Lords.

The Government’s position is to support the aviation consumer in two principal ways. First, there must be transparency about what is and what is not included in the price. The consumer must know how much to pay in total before he clicks to accept the deal. Secondly, adequate information must be provided for the consumer to make an informed choice on which airline to fly with, regardless of the business model that that airline follows. I will give examples in support of that position.

EU Regulation No. 1008 sets out common rules for the operation of EU air services. Crucially, it sets out the transparency requirements for the display of air fares. Prices are required to be displayed inclusive of all unavoidable and foreseeable taxes, fees and charges at all times. Optional services such as checked baggage or priority boarding are required to be offered on an opt-in basis only. These services should be clearly and unambiguously displayed at the start of the booking process. These requirements are designed to ensure that consumers are able to compare the prices of flights across a number of airlines and that consumers select only the optional extras that they require. The requirements are strongly supported by the Government.

I now turn to another specific proposal that will significantly help consumers. We wish to help purchasers to compare services from different providers on the basis of accurate information. Aviation markets can deliver best value only where objective service information is freely available so that passengers and freight owners have genuine choice between suppliers. We have therefore included in the Civil Aviation Bill currently being considered in Committee in another place a new information duty on the CAA either to publish, or to arrange for the aviation sector to publish, consumer information and advice that it considers appropriate to help people to compare aviation services. This new publication duty would allow the CAA to move into areas where it cannot always obtain information from public sources, such as delays, complaints, baggage handling and environmental performance. The CAA would be able to penalise companies that withheld the data requested. The CAA must also ensure that the benefits of providing information outweigh the costs, so that it does not duplicate existing information or provide data that consumers do not want. The best protection for consumers in terms of choice and value lies in the operation of a competitive market. Consumers need clear information on price and service quality in order to make informed choices, and to ensure that markets deliver consumer benefits in practice. I look forward to discussing these, and other, aspects of the Bill further when it is introduced into your Lordships’ House.

We share consumers’ concern about the high level of payment surcharges applied by some companies, and that often people are not aware of the level of these charges until almost the end of the booking process. This makes it difficult to compare prices and shop around for a good deal. It is not right that a business tries to hide the true cost of its services by implying that its prices are made up of elements beyond its control when they are not.

What are the Government doing? First, consumers are already protected against misleading pricing under the Consumer Protection from Unfair Trading Regulations. Secondly, as mentioned by my noble friend Lord Black of Brentwood, last December the Government announced their intention to consult on early implementation of the payment surcharges provision of the new European consumer rights directive ahead of their transposition deadline in 2014. The provision will ban businesses, in scope, from charging customers fees which exceed the costs for using that means of payment. The Government plan public consultation on early implementation within the next few months, with the aim that new UK rules could take effect by the end of 2012. The Government will publish guidance prior to the change taking effect to help businesses adjust their pricing strategies to comply with the provision. I stress that this work is about ensuring transparency in headline prices, and not about price control. The aim is to ensure that only the true cost of using a particular means of payment can be charged separately where a business wishes to do so.

I have been asked several questions. I will my do best to answer them, but if I fail, I will of course write in the usual way. On the general point about ticket transparency and how consumers can effectively compare prices, including hidden charges, the Civil Aviation Authority has published a table showing the optional charges which apply when booking with major airlines operating in the UK. This is a valuable tool which will assist consumers in making informed decisions when booking flights.

The noble Lord, Lord Mitchell, asked me when we will stop airlines charging huge fees for printing a boarding pass at check-in. The business model adopted by some well known carriers requires passengers to check-in online and print their own boarding pass. This is legitimate so long as people are clearly aware of it. There is no restriction on the level of charge that an airline may impose for this service. The sum of €40 has been widely quoted. This appears rather excessive, and is unlikely to reflect the true cost to the airline of printing a pass. This practice, along with the identity of the carriers which employ it, has been well published, including in your Lordships’ House tonight. Wherever possible, consumers should take steps to avoid liability to pay the charge. If this appears unfeasible, it is perhaps a factor which they should take into account before booking the flight.

The noble Lord, Lord Mitchell, also talked about the EU 261 levy. EU Regulation 261/2004 gives air consumers rights to assistance and compensation in the event of their flight being cancelled or delayed for over three hours, or if they are denied boarding—that is, bumped off the flight for someone else. In April 2011, Michael O’Leary announced that Ryanair would impose a €2 EU 261 levy on its air tickets. This was marketed as a measure forced on the airline by the EU. In fact, it is a form of Ryanair self-insurance to pay for the obligations that Regulation 261 imposes on the airlines.

The noble Lord, Lord Mitchell, also asked how often consumers compare prices effectively, including hidden charges. I have mentioned the Civil Aviation Authority table. He also asked about the refund of taxes when passengers do not fly. Government taxes, such as air passenger duty, should not be paid if the passenger does not fly. Many carriers will refund this element of the fare on application. However, they may charge an administration fee for doing so and in practice this may swallow up most or all of the amount due to be repaid to the consumer.

My noble friend Lord Alderdice told us, with some justification, about his distressing experience of no-frills airlines. EU Regulation 1107/2006 gives those who are disabled or who have reduced mobility rights to travel. Wheelchair access to aircraft is not chargeable.

My noble friend also talked about the Which? super-complaint. In 2011, the Which? consumer magazine submitted a super-complaint to the OFT, calling for it to investigate excessive surcharges for paying by credit or debit cards.

My noble friend Lord Alderdice also asked about the delay in the implementation of the consumer rights directive until 2014. Although the directive will take two years to come into effect throughout Europe, it is due to be transposed into national law by mid-2014. The OFT has said that companies should be up-front about charges straight away, and the Government propose to consult on early implementation in the UK.

My noble friend also asked what assessment has been made of the effectiveness of Article 23.

Lord Alderdice Portrait Lord Alderdice
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I asked whether what the Minister in another place said was true—that implementation would be delayed until the end of 2014.

Earl Attlee Portrait Earl Attlee
- Hansard - -

My Lords, I think it is probably better if I concentrate on answering as much as I can and, if necessary, write to my noble friend.

Aviation is fundamentally an international business. The Government do not intend to introduce tighter restrictions on airline pricing policies in isolation. The European Commission has undertaken a fitness check on the fare transparency requirements, during which it has taken evidence from airlines, the travel industry, enforcement bodies and consumer groups. Its findings have yet to emerge but we understand that the evidence suggests that the rules are not enforced consistently across Europe.

In conclusion, we take this matter seriously. I am grateful to the noble Lord, Lord Mitchell, for posing his Question this evening.

Lord Young of Norwood Green Portrait Lord Young of Norwood Green
- Hansard - - - Excerpts

I do think that the noble Earl should clarify the situation because now I am confused. I thought that he had given us a more helpful answer when he said that the consultation on the payment surcharges provision would take place during 2012 and that the new rules would be introduced in 2012. However, the last comment that he made in response to the noble Lord, Lord Alderdice, left us somewhat confused. Will the Minister clarify whether the rules are likely to be introduced in advance of the European directive in 2014? What timetable are the Government working to?

Earl Attlee Portrait Earl Attlee
- Hansard - -

The intention is that the Government will see the effect of these new regulations as early as possible. My speech was carefully crafted but if I have missed anything out I shall of course write to noble Lords to clarify any details as necessary.