Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011
Earl Attlee Excerpts(13 years ago)
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Earl Attlee
That the Grand Committee do report to the House that it has considered the Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011.
Relevant Documents: 23rd Report from the Joint Committee on Statutory Instruments.
Earl Attlee
My Lords, the power to make these regulations is in Section 81 of Part 5 of the Equality Act 2010. The regulations were not introduced when most of Part 5 was commenced because further consideration was necessary on the issue of seafarers’ pay. The draft regulations, if approved, will serve two purposes: applying the Part 5 work provisions of the Act to work on ships and hovercraft and to seafarers, and addressing the European Commission’s concerns regarding differential pay for seafarers. I shall explain briefly how Part 5 would apply to work on ships and hovercraft and to seafarers, and then say a few words about seafarers’ differential pay.
The proposals aim to ensure that the level of protection afforded to land-based workers under Part 5 is extended to those at sea, creating as consistent as possible an approach. The Act has many benefits, providing a cross-cutting legislative framework to protect individuals’ rights and to advance equality of opportunity for all. It delivers an accessible framework of discrimination law, protecting individuals from unfair treatment and promoting a fairer, more equal society. Part 5 deals with work, giving protection in respect of specified protected characteristics from discrimination, harassment and victimisation, these being: age, disability, gender reassignment, marriage, civil partnership, pregnancy, maternity, race, religion or belief, sex and sexual orientation.
Broadly speaking, the regulations would apply Part 5 to seafarers, irrespective of nationality, working on board a UK-registered ship operating wholly or partly in GB or adjacent waters; and to EEA and designated state seafarers, where the legal relationship of their employment is located in or closely linked to Great Britain, working on board EEA-registered ships or hovercraft operating wholly or partly in British or adjacent waters. For ships operating wholly outside those waters, the regulations would apply on UK-registered ships only. Just to be clear, the designated states in question are those countries having various specific agreements with the EU, such as association agreements. They include various European states such as Russia, Mediterranean states such as Algeria and Morocco, and the countries of the African, Caribbean and Pacific group of states, with the exception of Cuba.
On a point of detail, while most of the obligations within the Equality Act are underpinned by EU law and therefore EEA states are also bound by those obligations, because the protected characteristic of marriage and civil partnership is a domestic provision not required by EU law, that protected characteristic is excluded as regards ships registered in EEA states other than the United Kingdom.
The United Nations Convention on the Law of the Sea—UNCLOS—restricts a state’s ability to apply legislation to foreign-flagged ships but, where a seafarer works wholly or partly in Great Britain, these regulations will apply Part 5 to seafarers on ships registered in an EEA state other than the UK, provided the criteria that I have just mentioned are met. The regulations will ensure compliance with European law and provide clarity to employers and employees while achieving the intended effect of applying Part 5 to as broad a range of ships, hovercraft and seafarers as possible without breaching UNCLOS or European law, or placing additional burdens on UK-registered vessels alone.
Earl Attlee
My Lords, this has been an interesting and, as usual when the noble Lord, Lord Lester of Herne Hill, is involved, well informed debate. I thank all noble Lords for their contributions. Gathered here today is a wealth of transport and equal rights experience, and I am grateful for the points made by the noble Lord, Lord Tunnicliffe, that we should solve the immediate problem first of all and then consider the wider issues.
On 2 March 2010, in a debate during the Report stage of the Equality Bill, the noble Lord, Lord Rosser, made an impassioned plea on behalf of seafarers in respect of both differential pay and the UK national minimum wage. Unfortunately, the noble Lord cannot attend the Committee today due to duties in the Chamber.
In response to that earlier debate, the then government Minister, the noble Baroness, Lady Thornton, said:
“The Government must carefully consider the implications of ending the practice of differential pay”.—[Official Report, 2/3/10; col. 1384.]
This Government have carefully considered the issue and I pay tribute to my colleague in another place, the Maritime Minister. Since taking office, he has demonstrated a hitherto unseen level of determination to address the issue. He has consulted extensively with the shipping industry and with the unions.
As I said in my opening remarks, the Government accept that the regulations on differential pay do not go far enough for some, while for others they go too far. The noble Lord, Lord Lester of Herne Hill, is clearly embedded in the first camp. However, the Government are determined to protect the future of the UK shipping industry and with it the Red Ensign. The regulations that we are considering do the least possible to avoid a substantial fine being imposed by the European court.
The UK national minimum wage for seafarers is also a highly complex area and the Government are very familiar with the concerns expressed by the maritime trade unions. A legal working group that includes these unions was set up to look into how far international and EU law would allow the Government to apply the UK national minimum wage to non-UK ships. The conclusions of the working group will be submitted to Ministers in due course, after which all interested government departments, including the Department for Business, Innovation and Skills, which is responsible for the national minimum wage policy, will give further consideration to the issue.
I am grateful to the noble Lord, Lord Lester of Herne Hill, for giving me advance notice of what he intended to say. I, too, picked up the “shipbuilding” typo but rapidly translated it into “ship owners”. In reply to the noble Lord, and with all due respect, indirect discrimination is not the issue here. The regulations allow discrimination on grounds of nationality. That is direct discrimination, excused by paragraph 1 of Schedule 23, “General Exceptions”, and by Section 81, which says that Part 5 of the Act applies to seafarers only in such circumstances as are prescribed. These regulations prescribe the circumstances.
I confirm that it will continue to be lawful to pay some seafarers differently because of their nationality if they were recruited outside Great Britain and are not British citizens or nationals of another EEA state or designated state. That will include Filipino seafarers.
Lord Lester of Herne Hill
I fear that I have not explained my point clearly. Something may be discrimination on grounds of nationality and also direct or indirect race discrimination. It may involve discrimination based on nationality and ethnicity or on national origins, for example—that would be direct discrimination—or it may be indirect discrimination based on nationality, national origins and ethnicity. I will not go through the definitions in the Equality Act to explain what I have just said, but the definition is very large and the case law makes what I have just said crystal clear, whether it applies to “no turbans”, “no Irish” or discrimination using other foreign epithets. It is quite clear from court rulings that discrimination may be ostensibly on one ground but in fact is on others. I do not want to see litigation on this matter because we have not dealt properly with it.
Earl Attlee
My Lords, I fully understand my noble friend's desire to avoid litigation. These extremely complex issues are well beyond my understanding, but I will give the noble Lord a detailed response in writing. My noble friend’s argument is an essentially legal one and I hope that the Committee will forgive me if I write to him.
There remains the question of whether it is immoral to allow differential pay in any circumstances. That is a rather simpler question to answer. The short answer is no. The world is not that simple. That is why, traditionally, seafarers from around the globe have tended to be paid amounts commensurate with the domestic job market in their own countries. If seafarers from countries with generally low-paid workforces were paid at higher rates, this could seriously distort the job market in their own country. Imagine, for example, a situation in which highly skilled surgeons or other professionals find themselves better off serving as ratings on ships than using all their training, skills and knowledge to help to cure people and solve their problems. This would be damaging at a far deeper level, and I suspect that there could be other serious unintended consequences.
My noble friend Lord Lester asked me why the protected characteristic and civil partnership were excluded.
Lord Lester of Herne Hill
I am sorry; I have not asked that. Although I put it in my draft, I am satisfied with what the Minister said on that.
Earl Attlee
I am obliged to the noble Lord.
The aim is to apply the regulations to as many ships as possible of whatever flag, in so far as this is consistent with international law, to limit the effects being felt by the UK flag alone. The extension of the application of Part 5 to EEA ships is therefore limited to those protected characteristics which are underpinned by EU law. A ship flagged to EEA states would be under the same obligations. The characteristic of marriage and civil partnership is not an EU obligation and so is excluded.
My noble friend Lord Higgins made several important points. I accept his points about the importance of the UK register, and I hope that that came out in my comments. On the effect on the UK flag, leaving aside the issue of differential pay for the moment, the effect of applying the new consolidated equality legislation to work on ships is not very burdensome. Indeed, it should bring benefits through greater clarity for employers and employees.
As to the effect caused by the need to change the law in respect of seafarers’ pay, we cannot say with absolute certainty what the effect will be on the UK-flagged fleet, although many noble Lords have suggested what it could be. We have consulted closely with all sides of the shipping industry on the likely effect and will monitor it closely. We are regulating in a way that will be least disruptive to the industry while allowing it to comply with EU law. We are also seeking undertakings from the European Commission that it will be vigilant in ensuring that other EU member states are also following EU law.
My noble friend Lord Higgins asked me about the review provided for in the regulations, and asked whether we would review earlier. As I indicated in my opening remarks, we will keep the implementation and the situation under close observation.
My noble friend Lord Moynihan asked me why the regulations did not appear to apply to Northern Ireland. Northern Ireland has been asked to introduce its own parallel legislation at the earliest opportunity. Until that legislation is also approved, the UK will remain in breach of EU law. The European Commission has been informed that action in Northern Ireland was necessarily delayed due to recent elections, but that the matter is in hand. My noble friend also asked me a rather detailed question about the definition of “sufficiently close link”. It is a basket of measures as set out in Regulation 2(2)(b). It will be determined by reference to all relevant factors including those set out in the regulations.
Noble Lords asked me particularly about the Carter report. I agree that it is a significant report. Susan Carter reviewed all of the evidence submitted by stakeholders and came to the conclusion that she did. She was not asked to consider any other evidence, such as that from government. Maybe Susan Carter’s report was a comment on the industry’s evidence to maintain the status quo. As I have already indicated, my honourable friend Mr Penning, the Shipping Minister, has consulted extensively.
I am grateful to all noble Lords for their contributions. The wider issues are indeed complex. As indicated, I will write to all noble Lords who have contributed to the debate.
Lord Tunnicliffe
Will the noble Earl write specifically on the consideration that the department has given to Susan Carter’s report and say why it does not share her conclusion? He seems to give a partial explanation which I do not think is valid. Susan Carter consulted as widely for her report as the department has for the regulations.
Lord Lester of Herne Hill
While the noble Earl is dealing with that, I should add that Ms Carter states at the beginning of her report:
“This report reviews evidence submitted by key stakeholders in the shipping industry about differential pay for seafarers on grounds of nationality. The Department for Transport invited them to submit financial estimates of the likely impact of either: option A … or option B”.
That the department did not give evidence is, with respect, not the point; the point is that the department asked her to do this job on the basis of evidence submitted by—that ghastly phrase—“key stakeholders”. Therefore, I am mystified as to how anyone reading her report could fault her findings or her conclusion. I would be very grateful if the Minister would write to us about that as well.
Earl Attlee
My Lords, paragraph 8.4 of the Explanatory Memorandum states that a summary of the evidence submitted can be found on a website. I will not read out the website address, but when I write to noble Lords I will discuss the Carter report. As indicated, I will write to all Members of the Committee before seeking the House’s approval of the affirmative instrument.
Localism Bill
Earl Attlee Excerpts(13 years ago)
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Lord Greaves
My Lords, in effect this is not a substantial amendment, so I probably do not have to move it formally, but I shall speak to the substantial amendments in the group.
Localism Bill
Earl Attlee Excerpts(13 years ago)
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Earl Attlee
In moving that the House be resumed, perhaps I may suggest that the Committee stage begins again not before 8.04 pm. The Committee will be aware that the House will have to debate a Statement and a Question for Short Debate, so the Committee may possibly resume a little later than but no earlier than the time I stated.
Localism Bill
Earl Attlee Excerpts(13 years ago)
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Earl Attlee
That it be an instruction to the Committee of the Whole House to which the Localism Bill has been committed that they consider the Bill in the following order:
Clause 1, Schedule 1, Clauses 2 to 11, Schedule 2, Clause 12, Schedule 3, Clauses 13 to 15, Schedule 4, Clauses 16 to 59, Schedules 5 and 6, Clauses 60 to 66, Schedule 7, Clauses 67 to 94, Schedule 8, Clauses 95 to 101, Schedules 9 to 11, Clauses 102 to 106, Schedule 12, Clauses 107 to 112, Schedule 13, Clauses 113 to 138, Schedule 14, Clauses 139 to 145, Schedule 15, Clauses 146 to 156, Schedule 16, Clause 157, Schedule 17, Clauses 158 to 161, Schedule 18, Clauses 162 to 171, Schedules 19 and 20, Clauses 172 to 174, Schedule 21, Clauses 175 to 198, Schedule 22, Clauses 199 to 201, Schedule 23, Clauses 202 to 207, Schedule 24, Clauses 208 to 211, Schedule 25, Clauses 212 to 215.
Wreck Removal Convention Bill
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Baroness Stowell of Beeston
My Lords, I thank the noble Lord, Lord Berkeley, for initiating this lively and interesting debate which the noble Lord, Lord Davies of Oldham, promised me at Second Reading. I am sorry that he is not in his place, but I welcome the noble Lord, Lord Rosser, to the Front Bench for this Committee stage.
Your Lordships will not be surprised that I support noble Lords who have spoken in opposition to these amendments. As I pointed out at Second Reading—and as every noble Lord contributing to today's debate understands—the costs associated with removing a wreck can be substantial and also difficult to recover, particularly as at the moment there is no straightforward obligation on ship owners to be responsible for the removal of their wreck.
The Bill builds on the well-developed arrangements that already exist for dealing with maritime casualties. Above all, it provides legal certainty by placing the primary responsibility for the removal of a wreck that poses a danger to navigation or the environment on the ship owner and ensuring that, if the authorities have to step in, the owner will pay their costs for removing it. Under the Bill, the liability of the ship owner is strict; the claimant does not have to prove that the owner was negligent or at fault.
The amendment put forward by the noble Lord, Lord Berkeley, puts some of this certainty at risk. It would delete not just the discretionary power to direct authorities to remove a wreck, but, in doing so, the statutory link to cost recovery under the convention. This was referred to by the noble Lord, Lord Greenway. The Secretary of State's discretionary power to direct, included in the Bill, ensures that authorities will benefit from the convention's cost-recovery provisions when removing a wreck.
The noble Lord, Lord Berkeley, said that if this amendment were to be agreed, there might be occasions when the authorities would choose to carry out or participate in the removal of a wreck in any case. If that amendment were to be accepted, ship owners or insurers would undoubtedly argue that as there is no explicit linkage to the convention's cost-recovery provisions, they do not need to pay an authority's costs. As I have already said, the fact that that direction is in the Bill invokes the connection to the convention. That argument would be reinforced and could lead to all costs having to be recovered through harbour fees or the fund because the ship owner or insurer would be able to point to the inconsistency that the amendment would create because proposed new Section 255C, which provides a similar statutory link in respect of locating and marking, would remain in place, thus allowing authorities to recover those costs direct from the owner or insurer, just as the Bill intends for all costs. There would be direction for locating and marking but not for removal.
In addition to creating inconsistencies, these amendments would also delete the provisions in proposed new Section 255F(4) for the explicit extension of the general lighthouse authorities' areas of responsibility to the edge of the United Kingdom's convention area, which noble Lords will know is up to 200 nautical miles from shore. As such, a ship owner or insurer would doubtless claim that a general lighthouse authority had no statutory basis on which to remove a wreck outside territorial waters and that therefore no payment was required.
The Bill's direction regime removes the real risks of such disputes by linking the authorities clearly and simply to the convention's cost recovery scheme. With the Bill imposing strict liability on the ship owner to remove a wreck and requiring mandatory insurance, it is clear to me that the risks of a shortfall in expenditure for recovering wrecks will actually be significantly less for these authorities than those they now experience. Other noble Lords have already pointed that out. As I understand it, as a percentage of GLA budgets, the costs of dealing with wrecks are already very small. The noble Lord, Lord Greenway, mentioned 0.04 per cent. However, to remove the provision allowing the general lighthouse authorities to obtain reimbursement for unrecoverable expenses from the General Lighthouse Fund on the rare occasion that it is not possible to recover all costs would be at odds with existing and established arrangements. Indeed, it would leave the GLAs with no obvious means by which to make up a shortfall, should they need to. I am concerned that the combined effect of these amendments would be to leave authorities wary of undertaking any wreck removal, notwithstanding what the noble Lord, Lord Berkeley, said, even though they have existing powers and experience. If that were to happen, it would be in no one’s interest.
In summing up, I reiterate that the Secretary of State's powers of direction are discretionary, but they must exist and appear in the Bill for all the authorities to enjoy the benefits of the convention, as they have every right to do. I expect SOSREP to take control in the manner he now does under existing powers. As the noble Lord, Lord Greenway, described, SOSREP is aware of the authorities' capabilities, experience and capacity. If he needs to issue directions, I expect him to act reasonably and to issue them only to those he thinks capable of fulfilling them, not least for the reasons the noble Lord, Lord Addington, referred to. I will leave it to the Minister to expand further on this point if he wishes. For these reasons, I ask the noble Lord to withdraw his amendment at the appropriate time.
Earl Attlee
I am grateful to my noble friend Lady Stowell for her full response to the amendment moved by the noble Lord, Lord Berkeley. The noble Lord referred to discussions yesterday, and I am very happy to continue them, not least because they are so interesting, because the noble Lord genuinely seeks a solution to these problems. I understand his very real concerns, and I am delighted to have the opportunity to give a fuller response in Committee.
It may be helpful to noble Lords if I say a few words about the memorandum of understanding between the Department for Transport and the GLAs. This will provide guidance and understanding about how the convention would work in practice. The Committee will understand that the development of the MoU is in its early stages, as it will be a while before the convention comes into force. The noble Lord, Lord Berkeley, will want to keep abreast of developments, and I am sure that I will be able to facilitate that at the appropriate point.
Travellers: Dale Farm
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Earl Attlee
My Lords, the Home Office has agreed to set aside contingency funding, up to a maximum of £4.65 million, to assist with the costs of policing the proposed evictions at Dale Farm. The final grant awarded will be agreed after the operation and will only cover the costs incurred. In addition, the Department for Communities and Local Government has committed to provide up to £1.2 million to Basildon Borough Council to support the evictions at Dale Farm.
Lord Avebury
My Lords, will my noble friend comment on the decision to spend £117,000 per family on eviction of these people from the Dale Farm site considering that there are no other sites in the county to which they could be directed? Does this policy not simply mean that another £18 million will have to be spent by local authorities down the line on evicting the same families from even less suitable locations, to say nothing of the downstream costs on health, education and the social costs arising from these evictions?
Earl Attlee
My Lords, this is an extremely difficult and sensitive issue which my noble friend has worked on to good effect for decades. He suggests that this is an inappropriate use of potentially several million pounds of public money. However, there will be no need for any expensive police operation if those served with eviction notices leave within 28 days having exhausted all their appeal rights under our well developed system of justice and the rule of law. Why should one community group be allowed to flout our planning laws by suggesting disorder and thus an unaffordable police operation while a lone family or individual is easily required to comply?
Baroness Turner of Camden
My Lords, does the local authority not have a responsibility to have concern for these families? I believe there are 100 children involved. Surely there is an obligation on the council to look after their welfare: indeed, I believe there is an EU resolution on the stocks which would commit the local authority to doing precisely that. Why are these people being deprived of their homes after all the years that they have lived on this site?
Earl Attlee
My Lords, the noble Baroness is absolutely right. Basildon Borough Council had to make an undertaking to the High Court that the matters which the noble Baroness referred to would be dealt with properly.
Baroness Harris of Richmond
My Lords, could my noble friend tell me whether Basildon Borough Council has undertaken an equality assessment of its decision to evict the Gypsies and Travellers from this site?
Earl Attlee
My Lords, if Basildon Borough Council had not carried out a proper impact assessment of all the consequences of its action, it would probably fail in the courts.
The Earl of Listowel
My Lords, is the Minister aware of the deep concern that many Traveller children are not being well engaged in the education system, that they are being failed and that the generational impact of continued failure is being perpetuated? Is consideration being given to the education of these children and what steps can be taken to ensure that they have continuity of education and, if possible, stay in the same school?
Earl Attlee
My Lords, the noble Earl makes an extremely important point. If we carry on not properly educating Traveller children we will never break the cycle, because it is very difficult for Traveller families to engage in fully legitimate economic activity if they have not been properly educated. I referred to undertakings in my answer to the noble Baroness: the local authority has to deal with these issues.
Lord Avebury
My Lords, can my noble friend explain where these people are supposed to go, considering that there are no other sites in Essex, and no sites in the county plan?
Earl Attlee
My Lords, the local authority has obligations under the law of homelessness, as the noble Lord fully appreciates. I go back to my original point: we cannot allow people to flout our planning laws.
Lord Hunt of Kings Heath
My Lords, the original Question was about cost. The noble Earl will know that currently we are debating the Police Reform and Social Responsibility Bill, which proposes to party-politicise our police force through the election of police commissioners. Would it not be true to say that the money being spent on those elected commissioners would be better spent on ensuring that our police forces are properly staffed?
Earl Attlee
My Lords, I thought that the noble Lord would raise the issue of police and crime commissioners; I would have been very disappointed if he had not. We do not intend to limit the influence of central government on policing decisions only to see the same restrictions imposed by PCCs. They will provide the community with a voice and local accountability that is currently non-existent.
Lord Stoddart of Swindon
My Lords, it is clear that this is a very complex issue. I hope that the House and noble Lords will appreciate that if this site is occupied illegally, action has to be taken to remove the occupiers. If the law is not upheld in this instance, how on earth can it be upheld in other instances which may be just as important?
Earl Attlee
I am sure that all noble Lords agree that the noble Lord has made a very good point.
Olympic Games 2012: London Air Quality
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Lord Berkeley
To ask Her Majesty’s Government what action they are taking to respond to the report of the Olympic Delivery Authority that air quality in London will exceed European Union limits during the 2012 Olympic Games.
Earl Attlee
My Lords, the Government are committed to working towards the European Union’s air quality standards and have recently made an extra £5 million available to help the mayor tackle some of London's worst pollution hotspots. During the Olympic Games our ambition is that all spectators should travel to London venues by public transport, cycling or on foot. These and other measures will help minimise air quality risks in London during the Games.
Lord Berkeley
I am grateful to the Minister for that reply. Will he say who is responsible for keeping the air at the right quality? Is it TfL, the GLA or the Government? Secondly, if there is very little wind during the Olympic Games and PM10 values exceed the limit, is he aware that the Government could be fined £180 million by the International Olympic Committee? That is what will happen if the pollution is as bad as it was in Beijing. Does he have a contingency plan?
Earl Attlee
My Lords, the answer to the noble Lord's first question is simple. Everyone is responsible: the Government, the mayor, TfL, LOCOG, the ODA and, most importantly, individuals who make their own transport decisions. As regards the noble Lord’s second question, the host city contract states that the International Olympic Committee can withhold payment from LOCOG if an event in the Olympic and Paralympic Games cannot take place for any reason or if there is non-compliance with the contract. Air quality in the UK is improving and it is very unlikely that air quality issues will result in payments being withheld.
Baroness Kramer
My Lords, I support the noble Lord, Lord Berkeley, in raising this question. The Minister will be aware that London has already violated its entire annual allowance for PM10s for 2011 and we are in only the fifth month of the year. Will he give us some assurance that London will at least look at putting in place a temporary clean air zone around central London and the Olympic venues during the Olympics? If it does not, does he agree that we will end up doing what Beijing did, which was to resort to an almost impossible alternation between allowing in cars with odd-numbered plates one day and even-numbered plates the next in order to manage air quality problems?
Earl Attlee
My noble friend will be aware that the PM10 problem occurs only in a few hotspots. By and large, the PM10 problem is licked. She talked about temporary exclusion zones. That would be a matter for the mayor.
Baroness Oppenheim-Barnes
My Lords, does my noble friend agree that air quality is made a great deal worse than it would otherwise be by the traffic congestion caused by roadworks over practically every inch of London roads?
Earl Attlee
My Lords, my noble friend makes an important point. Some of the congestion caused by roadworks has produced some traffic activity and therefore produced some pollution.
Lord Hughes of Woodside
Would the shorter and more accurate Answer to the Question asked by my noble friend Lord Berkeley be that no one is responsible?
Lord Brooke of Sutton Mandeville
My Lords, what was the weather like in 1948 and, while we are at it, in 1908 as well?
Earl Attlee
My Lords, I am not aware of the weather in those periods. All noble Lords know that legislation over the years has vastly improved the environment in which we live. We need only to think of the Clean Air Act and the benefits we got from it.
Lord Stoddart of Swindon
My Lords, I have seen reports that London or the Government are likely to be fined £300 million for pollution in London. If that is true, I hope it is not going to add to our already massive contribution to the EU budget this year and in subsequent years.
Earl Attlee
My Lords, I obviously failed to explain properly to the noble Lord, Lord Berkeley, that there is very little chance indeed of us being fined by the International Olympic Committee. We could be fined only if an event could not take place for any reason—for instance, if there was far too much pollution to run a marathon—or there was some non-compliance with the contract. Both those conditions are extremely unlikely to arise.
Lord Davies of Coity
My Lords, in answer to an earlier question the Minister said that we are all responsible. Is that not a case of the Government again passing the buck?
Earl Attlee
My Lords, we are certainly not passing the buck. We have helped the mayor with a £5 million grant to deal with some of the technical issues; for instance, fitting particulate traps to London buses to deal with some the PM10 hotspots that I talked about earlier.
Lord Pearson of Rannoch
Can the Minister bring us up to date with the infraction proceedings against the city of Brussels which is, I think, the only major European city which still discharges all its raw sewage into its local river? Does the Minister agree that were the wind to be blowing in the south, this might have quite an effect on the Olympic Games?
Earl Attlee
My Lords, I answer for the Department for Transport and for the whole of the Government but, fortunately, I have no responsibilities for the city of Brussels.
Lord West of Spithead
My Lords, I declare an interest as a waterman and lighterman. Will the Minister say whether we have a comprehensive plan for greater use of the river, bearing in mind that we have been very poor at using barges, as we are committed to doing, for the Olympic build programme?
Earl Attlee
My Lords, I rather think that we have missed the boat on that because the infrastructure is largely built. However, when I visited the Port of London Authority I detected some of the work that the noble Lord had undertaken.
Rugby Union: Twickenham Railway Station
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Lord Addington
To ask Her Majesty’s Government what steps they will take to ensure that Twickenham railway station is fit for purpose in time for the Rugby Union World Cup in 2015.
Earl Attlee
My Lords, Twickenham station already serves passengers attending large rugby events on a regular basis. It is for Stagecoach South West Trains as the train and station operator at Twickenham to work with the British Transport Police, the RFU and the local authority to manage passenger flows at the station during special events. The operator has a significant amount of experience of major rugby internationals that take place at the stadium.
Lord Addington
I thank my noble friend for that Answer. However, how does he suggest that a very full platform that is not long enough to take longer trains will cope sufficiently with heavy congestion and use? Would the world cup not be a wonderful opportunity for extending it? Could any major sporting event not be seen as an opportunity to expand and improve the infrastructure? I draw my noble friend’s attention to the Rugby League World Cup in 2013. Are there any infrastructure plans or increased funding guarantees for that?
Earl Attlee
My Lords, in response to my noble friend’s second question, I would not normally expect the business case, the BCR or the transport infrastructure project to be significantly affected by an existing sporting venue. In response to my noble friend’s first question, it is envisaged that many of the eight-coach trains that currently operate into London Waterloo will be lengthened to 10-coach trains by 2014 under the HLOS. Platforms will similarly be lengthened at busier stations, such as Twickenham, providing substantial extra capacity at major events such as the Rugby Union World Cup. There are well established plans to manage passenger flows on to the platform so that there are not too many passengers on it at the same time.
Lord Rosser
My Lords, does the Minister accept that it is not much good trying to encourage more people to travel by rail with improved station facilities if at the same time the Government are driving some people away by agreeing to fare increases way above what is already the Government-induced high rate of inflation?
Earl Attlee
The Government are just about to commence a study of the whole fare structure of the railway to address exactly the problem the noble Lord has identified.
Lord Naseby
Is my noble friend aware that one of the problems at Twickenham is, frankly, that too many people have had too much to drink? Is he also aware that whereas at Murrayfield and the Millennium stadium, no alcohol is sold while a match is taking place, at Twickenham it is available in the bars during matches? Will he have a word with the RFU to stop that because it goes against the interests of anyone who wants to go and watch a match, and afterwards people might be a little more sober?
Earl Attlee
My Lords, I am not completely sure that that is a matter for my department. However, I also understand that, ironically, although rugby union is a contact sport, it actually experiences less bad behaviour than football matches.
Lord Bradshaw
My Lords, today is the 776th day since Governments on either side have ordered any new rolling stock for our railways. In circumstances where noble Lords in this Chamber will have found it extraordinarily difficult to get on to trains, and many people are crowded out, how are we going to show the world that we have a railway that is worth using unless some new rolling stock is ordered very urgently?
Earl Attlee
My Lords, my noble friend has made some good points and we are working on them.
Sports Grounds Safety Authority Bill
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Lord Mawhinney
I am extremely grateful to the noble Lord, who is an expert. I declare an interest as honorary president of the Football League, and for the past seven and a half years as its chairman, so I endorse all the good things that he says about the Football Licensing Authority. Given that this is an up-to-date reflection of a 1989 Act of Parliament, is it not missing an opportunity to allow the Football Licensing Authority to promote safety as well as to offer advice on it?
Earl Attlee
My Lords, I take this opportunity to remind the House that it is most effective to allow the noble Lord proposing a Bill to lay out his stall and then for debate to proceed in the normal way.
Lord Faulkner of Worcester
I am most grateful to the noble Lord, Lord Mawhinney, for his kind words. I would like to reflect on what he has said. Perhaps I can respond to him when I reply to the debate. I certainly understand completely the point he is making about the importance of promoting safety.
The FLA is already providing expertise on non-football venues to the London Organising Committee of the Olympic Games and the joint local authority regulatory services. However, at present, this is possible only by negotiating individual temporary secondment arrangements. Creating the Sports Grounds Safety Authority would make it easier to provide such advice and help to provide greater consistency in its application nationally and internationally. An example of this can be seen in the Green Guide. The FLA is retained by the DCMS to provide detailed guidance on measures to improve safety at sports grounds through the Green Guide. The advice applies to all sports, not just football, and is used around the world by technical specialists such as architects and engineers, and by relevant authorities that oversee safety in sports stadia. Although the guidance applies only to outdoor sports venues, its recommendations are often applied to indoor sporting venues as well.
At present, the FLA cannot readily offer more detailed advice on the contents of the Green Guide to sports other than football, or outside England and Wales. This Bill will enable that advice to be provided nationally and internationally, and to a much wider range of sports than ever before. The FLA carries out some international activity, but it is at the moment somewhat limited. The FLA currently supports the Council of Europe and the European Committee for Standardisation by providing UK representatives to their working groups. The FLA’s contribution is highly valued by their international counterparts, and their involvement enhances the FLA’s knowledge, understanding and credibility. This activity brings reputational benefits for the UK, with the chance to promote our role as a world leader in sports ground safety throughout Europe. However, under current provisions, the FLA is constrained in the extent to which it can operate at an international level.
The Sports Grounds Safety Authority Bill would increase the opportunities for international activity at a very opportune time. In 2012, Poland and Ukraine will host the European Championships. In 2014, Brazil will host the World Cup, and Russia and Qatar have already begun preparations for 2018 and 2022. The FLA is uniquely placed to offer expertise and guidance to help ensure that the safety management arrangements are in place for these events and are properly robust. It is important that the FLA acts now to realise those benefits, and this legislation would help it do so.
In the other place, questions were rightly asked about costs as well as benefits. One or two of your Lordships who are speaking in this debate might wish to raise the subject of costs. The provisions in the Bill would enable the Sports Grounds Safety Authority to charge in certain circumstances. The legislation allows for charges to be applied, with the consent of the Secretary of State, to bodies or persons outside England or Wales, or to bodies in England and Wales where the advice is provided at the request of the recipient. The key point here is that consent would be required. It has been made clear that any charges levied would be reasonable and proportionate, and that, where charges were applied, they would be calculated on a cost recovery basis. In the event that the Bill is successful, the Sports Grounds Safety Authority would need to look in more detail at the options for charging and cost recovery. However, I have been assured that the requirement to seek permission from the Secretary of State will offer appropriate safeguards. I should say that, in bringing forward this legislation, it was never the intention to apply charges for activities that are currently provided free of charge. However, it will be important for the authority to be able to levy charges that are appropriate and necessary, particularly for new or additional services, or services that are provided above and beyond the authority’s statutory obligations.
The provisions in the Bill extend to England and Wales only. However, bodies in Scotland and Northern Ireland will be able to access the expertise of the new Sports Grounds Safety Authority on request. The FLA has been in contact with officials in Scotland, Wales and Northern Ireland about provisions in the Bill and will continue to keep in touch with them as more detailed plans for how the new safety authority will operate are developed.
Establishing the Sports Grounds Safety Authority is an important and necessary step in the evolution of the FLA. In Committee on the Public Bodies Bill, the noble Baroness, Lady Rawlings, said in response to me that the FLA,
“will continue as a separate body … until after 2012 when its expertise and functions will be transferred”—[Official Report, 11/1/11; col. 1345.]
elsewhere. I think the Minister would be the first to admit that this was a slightly vague commitment. I hope that we shall hear more from the Government about where the authority will be located before the Bill completes its passage through your Lordships’ House.
Before I conclude, the House may find it convenient if I quickly run through the various parts of the Bill. Part 1 sets out the further powers that will be conferred on the Football Licensing Authority as a result of the legislation. Clause 1 would rename the Football Licensing Authority the Sports Grounds Safety Authority. The existing functions of the Football Licensing Authority, as set out in the Football Spectators Act 1989, will remain, and the authority will continue to receive funds from the Secretary of State. Funding will be as set out in the current funding settlement, with grant in aid of £1.197 million in 2011-12, reducing to £1.14 million by 2014-15.
Clause 2 provides for the authority to advise Ministers by placing an obligation on the authority to advise Ministers, if requested, on sports grounds or the functions set out in the relevant legislation or sections of legislation. These include the Safety of Sports Grounds Act 1975, Part 3 of the Fire Safety and Safety of Places of Sport Act 1987 and the Football Spectators Act 1989.
Clause 3 allows the authority to advise on safety at sports grounds to local authorities, other bodies or persons in England and Wales. This enables the authority to provide advice beyond football and in relation to other sports grounds.
Clause 4 enables the authority to provide advice to bodies or persons outside England and Wales, subject to that advice being at the request of the body or person concerned, and with the consent of the Secretary of State. This could include an international organisation or Government, or other body or person with responsibilities for sports grounds outside England and Wales, and would include the local and national government and sports bodies in Scotland and Northern Ireland.
Clause 5 includes provisions to enable the authority, with the consent of the Secretary of State, to charge a fee for advice. The fee could be charged to bodies or persons outside England and Wales, or within England and Wales where the advice is provided at their request. Any fee charged must not exceed the cost of providing the advice, and consent from the Secretary of State may be given generally or specifically for particular advice or types of advice.
Clause 6 makes provision for the consequential amendments that will be required in other legislation to reflect the change to the new body. These are set out in more detail in Schedules 2 and 3.
Clause 7 confirms that the Act extends to England and Wales only. However, as I have said, the authority will be able, under certain conditions, to advise bodies outside England and Wales.
Clause 8 provides for the commencement of the Act on a day specified by statutory instrument. It is the intention that the legislation, if passed, should commence as soon as possible to enable the full benefit of the authority’s expanded role to be realised.
Schedule 1 sets out provisions relating to the board, employees and accounting arrangements of the authority. These would mirror arrangements that are currently in place for the FLA.
Schedules 2 and 3 include consequential amendments, repeals and revocations that are required to update existing legislation in the event that the Bill is passed.
The Bill provides a unique opportunity to share the FLA’s unrivalled knowledge and experience with other sports and nations. It will maintain the services and standards provided to football, but will extend the FLA’s reach and influence for wider benefit. I commend the Bill to the House, and I beg to move.
Wreck Removal Convention Bill
Earl Attlee Excerpts(13 years, 1 month ago)
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Earl Attlee
My Lords, I thank my noble friend Lady Stowell for the excellent way in which she introduced her Bill and mastered its technicalities faster than I managed to do. I suspect that she is still further ahead than I am. I listened with interest to all noble Lords’ contributions. It is, of course, for my noble friend Lady Stowell to answer most of the questions. I will answer questions that noble Lords put to me representing the Government.
This Bill enjoys the full support of the Government and I am happy to confirm that its provisions are compatible with the European Convention on Human Rights. It will improve our response to wrecks still further and, crucially, ensure that owners of ships are responsible for the costs of wrecks and the hazard they cause and that owners of larger ships maintain insurance to deal with those costs.
The noble Lord, Lord MacKenzie of Culkein, asked me about the other contents of the draft Bill. There are complexities, including the interests of the noble Lord, Lord Berkeley, with his Bill, and I will have to write to the noble Lord. I will place a copy of the letter in the Library and send a copy to all other noble Lords who have taken part in the debate.
The actions of ship owners and insurers are currently influenced by the value of what can be recovered, which means a significant proportion of the costs associated with locating, marking and removing wrecks continues to be met by the taxpayer. The costs of dealing with individual incidents can also vary considerably depending on such things as the size of the vessel and the nature of the cargo. For example, the cost to the Government of dealing with the container ship MSC “Napoli”, mentioned by the noble Lord, Lord Berkeley, which was beached in Branscombe Bay in 2007, was approximately £2.7 million, of which only £1.3 million will be recovered by the Government. However, the costs are not usually that high. Based on a 10-year average and with a cost recovery of approximately 70 per cent, depending on the circumstances, the annual cost as things stand is around £500,000. When the convention is ratified and enters into force in the United Kingdom, that cost is expected in practice to fall to just £40,000, a potential saving of £460,000 annually to the taxpayer.
The Bill would enable the United Kingdom’s authorities to recover their costs from the ship owner, who has primary responsibility for removing the wreck, or from the insurer directly. The Bill does not prevent the general lighthouse authorities or the harbour and conservancy authorities from acting in exercise of their existing powers for dealing with hazards that are a threat to navigation or to lifeboats, but it does provide the means, in cases where they have been directed by the Secretary of State, to recover costs which are not recoverable under the present arrangements.
Of course there can be no absolute guarantee of full cost recovery, so on the rare occasion that there is a shortfall, these costs will have to be met from elsewhere. In this regard, it is important to understand that the Bill maintains the status quo. For the general lighthouse authorities this will be through the General Lighthouse Fund, for the harbour authorities through harbour fees, and for the Maritime and Coastguard Agency the taxpayer. This is no different from the current methods used to make up any shortfall in expenditure by these bodies when carrying out their statutory obligations for dealing with hazards that are a threat to navigation or to lifeboats.
The noble Lords, Lord Berkeley and Lord Davies of Oldham, expressed a concern that any shortfall in costs incurred by these bodies would place an additional financial burden on the GLF and the financial reserves of the harbour and conservancy authorities. With the Bill imposing strict liability on the ship owner to remove a wreck, and by requiring mandatory insurance, the Government are of the opinion that the risks of a shortfall in expenditure will actually be significantly less for these bodies than they now experience.
The noble Lord, Lord Bradshaw, asked me whether the Government would stand behind the GLA. As I have just said, the situation will be much better for the authorities when the Bill comes into force. Historically, the cost of handling wrecks has been a small proportion of the GLA budget, a point made by the noble Lord, Lord MacKenzie. As a proportion of its budget the costs of wreck handling, excluding the costs of the SM “UB-38”, is only 0.004 per cent. If the exceptional costs of the SM “UB-38” are included, the percentage rises to 0.32 per cent. So we are talking about a very small proportion of the total budget of the GLA. He also asked how sure I could be that ship owners would hold valid insurance, while the noble Lord, Lord MacKenzie, raised a point about port state control visits under the Paris MoU. Our port state control visits are targeted, as are those of other states. We acquire information from a variety of sources. As to the UK fleet of over 300 tonnes, there are only 1,200 ships, so it is easy for the MCA to monitor them and ensure that they are insured. Further, the certificates are authenticated by Governments, which for the UK is the MCA. There is a difficulty as regards passing ships not calling at an EU port, but the situation will be no worse than it is now.
Returning to the point made by the noble Lord, Lord Berkeley, I would also stress that the Secretary of State’s powers of direction are discretionary, so these bodies will not necessarily be instructed to locate, mark and remove every hazard. The noble Lord told us the amusing story of the rubber ducks in the Pacific Ocean, but the convention is not applicable to them because they are not a danger to navigation or harmful to the marine environment. In exercising these powers, the SOSREP—the Secretary of State’s representative—who can take charge in such situations, would be expected to have full regard to the capabilities of the directed authorities. Indeed, there would be no point in directing those bodies to undertake tasks for which they did not have the capability or experience, a point made by the noble Lord, Lord Greenway. The noble Lord asked me whether I could go a little further on this. I do not think that I can at this point, but I can assure your Lordships that the arrangements will be made clear in a memorandum of understanding between the respective parties to ensure that they are aware of their responsibilities and that wrecks are located and marked as soon as practicably possible, whether or not the wreck is a hazard to navigation. It is intended that this memorandum of understanding will be agreed between respective parties prior to entry into force of the convention. The noble Lord suggested that we examine these points in Committee. I am sure that my noble friend Lady Stowell will be able very competently to deal with them.
I hope that the House will recognise the considerable benefits that this Bill will bring to those bodies that already do such an excellent job in keeping our waters safe. To that end, I join my noble friend Lady Stowell in commending it to the House.