HGV Road User Levy Bill

Earl Attlee Excerpts

Thursday 7th February 2013 Lords Chamber

Moved by

[Earl Attlee]

That the Bill be read a second time.

[Earl Attlee]

My Lords, HGVs play a crucial role in our economy by supplying businesses and servicing customers. Of course, HGVs are only one part of our national and international logistic system. We also have transport by sea, rail and air.

I am sure that the House will agree that we are well served by all those who work in transport and logistics. We should be particularly grateful for their sterling efforts during the recent bad weather, driving their vehicles and operating their equipment in horrendous conditions, often at night or during unsocial hours.

Approximately 1.5 million trips are made by foreign-registered HGVs into the UK each year; they contribute towards the well-being of our economy and are part of our logistic system. However there has been an inequality for some time in that UK hauliers are often charged when they travel abroad through tolls and other charging schemes whereas foreign hauliers are able to use the UK road network for no charge. This is a situation which the Government wish to address through this Bill.

The HGV Road User Levy Bill is a money Bill which comes to this House unamended from its introduction in the Commons on 23 October 2012. It will enable the introduction of a new levy for all heavy goods vehicles that weigh more than 12 tonnes and that are being kept on or are using the UK road network. This new levy is aimed at recognising the cost of the damage that HGVs do to our roads and ensuring that they make a contribution towards this.

The Department for Transport undertook consultation on this subject in early 2012. The results indicated that stakeholders, especially those in the logistics sector, support the planned changes.

Subject to the legislation being passed, we plan to introduce the levy from April 2014, when it will apply to both UK and foreign-registered hauliers. The levy, which is being introduced alongside other measures including reductions in HGV vehicle excise duty, is set at a level that will mean that, overall, more than nine out of 10 vehicles in the UK fleet will pay no more than now, with almost all the rest facing a fairly small increase in charges of up to £79 per year. Introducing the levy for foreign vehicles and offsetting the charge for the vast majority of UK vehicles will help the competitiveness of UK businesses, while ensuring that we continue to enjoy the benefits of free trade with Europe.

I know that the noble Lord, Lord Berkeley, is interested in the subject of time versus distance-based charging. I do not want to pre-empt his speech and will address his concerns when I wind up.

As your Lordships will be aware, any form of road user charge is subject to the strict conditions set out in the Eurovignette directive. It specifies the maximum daily charge as being €11, likely to rise to €12 by 2014 to compensate for inflation, which will mean that it should equate with the £10 per day that we intend to charge the largest and heaviest foreign vehicles that use our roads.

To ensure that no additional administrative burden is placed on UK business by the introduction of the charge, UK hauliers will start to pay the levy in a single transaction with vehicle excise duty when it is renewed from April 2014, and will therefore be able to pay the charge either six-monthly or annually. For the annual rate, we have selected a fee of up to £1,000 for the heaviest vehicles as being a level where, subject to the restrictions already mentioned, the Chancellor will be able to offset the increase to UK hauliers through reductions in vehicle excise duty, which will be set out in the Finance Bill 2013,

For foreign operators, who do not pay VED, the levy will be payable through an online portal or over the telephone. Foreign operators will also have the option to select time periods varying between one day and one year, allowing them to pay the charge at the appropriate level for their trip.

As I said, in the case of the largest vehicles, the annual charge will be £1,000; for the smallest vehicles it will be proportionately less, at £85 for the year. However, most foreign vehicles that come into the UK are those in the heaviest two bands. For the largest, heaviest foreign vehicles, we consider the charge of £10 per day or £1,000 per year to be fair, proportionate and compliant with the relevant EU legislation. For the daily amount we are seeking to charge at the highest level permissible while remaining compliant with EU law.

I accept that for about 40 UK vehicles, the overall charge for hauliers will be much greater; it has proved to be impossible fully to offset the charges in those cases. However, I should make it clear that the increase is largely due to current VED rates being close to or below EU minimum levels, which restricts our ability to rebate fully to offset the charge, rather than the implementation of the charge itself.

Operators facing increased charges have the option to down-plate their vehicle, a simple paper-based exercise costing £27, which will fully offset the increase, although they may be more restricted in the loads that they are able to carry or the distribution of the load on the vehicle.

We estimate that the revenues gained by having foreign hauliers pay a charge are likely to be between £18.7 million and £23.2 million annually. Although I appreciate that that is not an enormous sum in the grand scheme of things, and I am sure that noble Lords would like it to be much higher, the charges have been set at the highest possible allowed by the Eurovignette directive, while allowing other measures—principally reductions in vehicle excise duty—that should ensure that more than 9 out of 10 vehicles in the UK will pay no more than now.

The way the scheme has been structured will ensure a fairer deal for UK-registered HGV operators, who should not have to bear an additional financial burden as a result of the levy’s introduction. While the revenues raised through the charge and the fines levied for non-payment will be paid directly into the Consolidated Fund and will therefore not be spent directly on transport projects, I would like to reassure the House that the Department for Transport will ensure that sufficient funds are directed to allow VOSA—the Vehicle Operator and Services Agency— to deliver effective enforcement of the scheme.

The legislation before the House today is not designed as a precursor to increased charges on businesses, or on wider road users. This charge has a very clear focused objective. I beg to move.

--- Later in debate ---

[Earl Attlee]

My Lords, as I stated in my opening speech, this legislation will help to deliver a fairer deal for UK hauliers and go some way to correcting an inequality which has existed for too long. For this reason, I believe the Bill should be welcomed. Turning to the aims of the Bill, we consider our plan to charge £10 per day, or £1,000 per year, for the largest vehicles, to be fair, proportionate and compliant with the relevant EU legislation. One of the challenges in dealing with this problem is that anything we do must be compliant with EU legislation. We must treat UK and foreign hauliers in the same way.

The noble Lord, Lord Snape, asked about the implementation costs. The total set-up costs are estimated at between £3 million and £6.7 million, which will be spread over the years before the scheme goes live for foreign hauliers. Thereafter, we estimate the annual cost to be £3 million to £4.8 million. These estimates are at a relatively early stage and will be developed further.

The noble Lord, Lord Berkeley, asked whether there will be a vignette and whether there will be booths at Dover. There will be no vignette sticker, or booths at Dover or at any other port. The levy will be paid for by a website or telephone transaction, which will feed into a database that will be available publicly and to VOSA officials. Enforcement of the levy will be carried out primarily by VOSA officers, on a targeted basis, using the payment database to show which vehicles are in the country and which have—or have not—paid, alongside VOSA’s normal stopping process for enforcement.

Foreign heavy vehicles mainly travel on a strategic road network and therefore ordinary traffic wardens do not have a role in this. If they detect a vehicle without a vignette by chance, they can do something about it but, being realistic, a traffic warden will not be dealing with this problem. Using ANPR technology at both fixed and mobile sites, VOSA will be able to identify and stop vehicles that have not paid and hold them until a penalty deposit of £200 is paid. That is a penalty deposit and not an on-the-spot fine.

[Lord Higgins]

If the website shows that a particular vehicle has not paid the levy, will it be charged before it leaves this country, on the way out?

[Earl Attlee]

My Lords, if VOSA detects that a vehicle has not paid the levy, I suspect the vehicle will not be going very far—perhaps to the next service station—until it has paid it, which can be done electronically.

[Lord Snape]

The minimum penalty is £200. Is the driver supposed to pay that on the spot? If he does not have any British cash or that amount of money, under what powers will the vehicle be detained and where?

[Earl Attlee]

My Lords, that will be done under the powers that were wisely introduced by the previous Administration, who also set the level. I agree that it is at quite a low level and made that very point from the Opposition Benches—I cannot remember whether it was the Front Benches or the Back Benches—at the time we introduced the necessary powers. The key thing is that we will be able to stop the vehicle. That is extremely inconvenient to the operator, and I will have more to say on that point.

The noble Lord, Lord Berkeley, asked me what a stopping officer is. Stopping officers already exist. They are appointed under the powers in the Road Traffic Act 1988, as amended, and are able to stop vehicles in relation to enforcement of vehicle roadworthiness and driver’s hours. Stopping officers are VOSA enforcement officers.

[Lord Berkeley]

I have a question before the Minister leaves that subject. There is presumably a database with every vehicle’s number plate on it. Are stopping officers lurking in every motorway service station or do they pick these things up from cameras above motorways? How are they going to find these lorries that have not paid even before they direct them into somewhere safe to deal with them? If I was a foreign lorry driver and did not want to pay, I would keep off trunk roads and go on the side roads, like many people do in France if they do not want to pay the motorway tolls.

[Earl Attlee]

My Lords, I plan to address most of the points made by the noble Lord later on. To answer his point about leaving the strategic road network and going on to minor roads: an operator would have difficulties with that because the vehicle would be much less productive, while he would be trying to avoid only a £10 per day charge. I suggest that the extra cost of lowering your average speed by using local roads would simply not be worth it. For cases that go to court, the offence is a level 5, which can incur a fine of up to £5,000.

However, the real deterrent for operators is the inconvenience of being stopped, as well as another inconvenience that I will come to in a moment. VOSA already carries out risk-based stops for a number of different offences, including weight, vehicle defects, and driver hours, among others, and the levy enforcement will simply be added to this regime. I also suggest that when VOSA detects a vehicle that has not paid the levy, that is exactly the same as if the driver had put a big sign on the lorry which says “Stop me, because I’m a problem vehicle”.

I am aware that the British Vehicle Rental and Leasing Association has identified an area for a small potential cost burden to operators, which has been introduced due to the way that the levy is rebated, when compared to how VED is currently and will continue to be rebated. It may be helpful for me to say a few words on this. Currently when a vehicle is delicensed—typically, when it is sold—the previous owner can claim back the outstanding whole months of VED, with the rebate calculation done in twelfths. From the introduction of the levy in April 2014, UK operators will still be able to reclaim VED on the same basis, but the levy can be reclaimed only in tenths. To comply with EU law, and to maximise revenue from monthly charges, the annual rate is set at 10 times the monthly rate. This means that in effect it is discounted when compared with the costs of 12 monthly levy charges.

The decision to offer rebates on the basis of tenths is to prevent foreign hauliers paying for a year, using the vehicle for a month or less on the UK’s roads, and then reclaiming 11 months. The value of the loss incurred by the operator is entirely dependent on when the rebate is claimed.

The legislation before the House is not designed as a precursor to increased charges on businesses or on road users in general. This charge has a very clear, focused objective, and its introduction is entirely separate from the reviews on future road policy which the Department for Transport is currently undertaking.

I will now deal with a few other points. The noble Lord, Lord Berkeley, asked why it is a money Bill, and the noble Lord, Lord Davies of Oldham, very kindly helped me. The Bill only concerns money, and is certified as such by the Speaker of the House of Commons; it is not a matter for the Government.

On the wider points made by the noble Lord, Lord Berkeley, on the methods of tolling, following our debate during the passage of the Growth and Infrastructure Bill I offered a meeting at ministerial level with the noble Lord; I hope that that meeting, which is in hand, will be with me. I have mentioned detection. I was asked about VED in other countries. All EU countries have VED for HGVs, or a local equivalent circulation tax. VED or equivalent is required in the Eurovignette directive, and minimum rates are set. Our new VED rates comply with the minimum rate.

The noble Lord, Lord Berkeley, raised a very important point about whether we should implement a levy on a distance or a time basis. I will say a few words about this important point. The HGV levy is a time-based charge which is both simple and inexpensive to operate. It allows more than nine out of 10 UK operators to be fully compensated through VED reductions. A distance-based scheme has been considered and has some benefits, in that hauliers who use the road network the most would pay the most. That seems, at face value, to be inherently fair. However, in reality it would cost hauliers more and it would not be possible to introduce offsetting measures for UK hauliers, which would mean that they would pay more than they do now. In many cases foreign hauliers would pay less than they would under a time-based scheme.

The introduction of a distance-based scheme has also been discounted as it would be very complex and costly to operate, and would potentially involve the use of a mechanism such as a fuel duty rebate, which is illegal under European law. This has already been tested in Germany. We also believe that the revenues gained from foreign hauliers would not cover the costs of operating this scheme. The Department for Transport looked at options for distance-based charging in 2010 and concluded that in order to fund it the scheme would have to be structured to be revenue-raising, and would therefore have a negative impact on UK hauliers, who would pay most of the charges.

Another difficulty is how to capture the distance-based data. That could be done with a tachograph, but the problem is that the tachograph and the records would have to be inspected by enforcement officers. In addition, the tachograph is in essence a safety device to ensure that drivers do not drive for too long. If we insert an economic effect into it, we would increase the chances that the drivers or the operator would interfere with the operation of the tachograph.

[Lord Berkeley]

I am grateful to the noble Lord. I will not go back over tolling, as we will have a meeting on that, and I am grateful to him. This is a tit-for-tat issue. He very kindly said that other member states also have a VED for domestic-registered trucks; for example, in France. Is there not a risk that those member states might play tit-for-tat and say, “Well, British hauliers going into France will be able to use the roads, with or without the tollings, but they won’t have paid the VED in France, so they’re getting an advantage”? Are we not in danger of getting a tit-for-tat situation across member states?

[Earl Attlee]

My Lords, the situation is, as I said in my opening remarks, that our operators often have to pay motorway tolls that no one pays in the UK, and because of the Eurovignette directive, whatever a foreign country did in terms of a vignette they would be limited to the prevailing limits of what you can charge. It could not, therefore, cost our operators more than €11 a day. At the moment our operators pay tolls to use the European road infrastructure.

The chosen time-based scheme, coupled with reductions to VED, is a simple, effective and targeted way of ensuring that UK hauliers pay no more than they do now. VED cuts are a time-based method of offsetting the charge, which means that they fit well with a time-based system. In addition, we need to remember that, in terms of administration, this scheme will have a negligible burden on UK operators.

I always enjoy listening to the noble Lord, Lord Snape. He asked many questions, and I will answer as many as I can. I have probably answered quite a few already, and of course, I will write to him on some of them. He asked me what type of penalties there will be. As I believe I have said, drivers will be charged £200 at the roadside. Fines can be enforced electronically, and they can be invited to pay by credit or debit cards. The noble Lord, Lord Davies, made the point that with modern systems of doing business it is easy to collect the charges.

The noble Lord, Lord Snape, also asked if, under the directive we have to offer periods that are appropriate for the trip being made. If we offer only six-month or annual levies to foreign drivers we will contravene the European directive. He asked about the number of foreign vehicles and I can tell him that 3.6% of miles driven by HGVs in the UK are by foreign vehicles. For HGVs of 12 tonnes and over, the percentage is higher. The noble Lord, Lord Wigley, asked about revenue in VED. All levies or fines go into the Consolidated Fund, as we discussed. There are no plans for hypothecation, as the noble Lord suggests, but we will ensure that VOSA, as the primary enforcement agency, will have sufficient resources to enforce the scheme.

I am grateful for the helpful interventions from the noble Lord, Lord Davies, and for his support for the Bill. He asked me about cabotage. The Bill does not change the rules on cabotage but it does do a little to level the economic playing field. It is a difficult problem to deal with. I am delighted that the Bill has been so positively received. It has been long called for by industry and others from across the political spectrum, and I am delighted to be taking it through the House.

[Lord Snape]

Before the Minister delights or otherwise in taking it through the House, can he just answer the specific question that I put to him? How many vehicles are we talking about? I know that there are 1.5 million journeys and 3% or 4%, or whatever, of total vehicle miles, but how many heavy goods vehicles will be covered by this legislation?

[Earl Attlee]

My Lords, I cannot immediately answer that at the Dispatch Box. What really matters is how many vehicles are coming in; how many journeys are made. In my opening remarks, I said that there were 1.5 million journeys.

Bill read a second time, Committee negatived. Standing Order 46 having been dispensed with, the Bill was read a third time and passed.

Publishing Industry

Earl Attlee Excerpts

Wednesday 6th February 2013 Grand Committee

[Lord Dobbs]

My Lords, I must declare my interest as set out in the register, which reflects 25 years of earning my living as a writer. I add to the thanks expressed to the noble Lord, Lord Dubs, not only for introducing this debate but for doing it so splendidly. He gave us a fantastic tour d’horizon.

The publishing industry faces grave difficulties, but I want here to concentrate on the plight of authors—academic, literary and others. Without them, there would be no industry. Incomes are falling; the future is filled with uncertainties; the essential nurturing of creative talent that allows authorship to reach its peak is disappearing; and the internet age believes that it has inalienable right to read everything online and for free. There is an urban myth that anyone who has ever written a book that anyone else has ever heard about must be a multimillionaire. The chilling truth is that the average annual income for a full-time author is around £12,000 a year.

I want to make two specific points. The first echoes the point made by the noble Lord, Lord Dubs, about the public lending right. It is a scheme whereby authors get a token payment when their works are lent out by public libraries. The PLR supports 23,000 authors every year. Those payments are limited and typically very small, but they are vital. It is not a subsidy; it is a payment in return for authors and publishers agreeing to allow their works to be loaned out through the library system. Yet the Treasury has cut PLR. It amounts to less than £7 million a year, but it has been cut. Still worse, it is refusing to extend PLR to audiobooks and e-books. It is a little like the Government commandeering a taxi and then refusing the fare.

My second point, about intellectual property rights, has also been referred to by the noble Lord, Lord Dubs, as it was by the noble Lord, Lord Wills. The Government are preparing to move us into the digital age by making it easier to access and copy authors’ works, particularly in schools. Cut through the language and what that means is that schools will be able to copy an increasing amount of work without paying the authors. It is of course vital that we support education, but I do not see the Government asking dinner ladies or the suppliers of desks and dusters to come to their rescue. But authors are, sadly, easy targets.

I trust, and I am sure, that the Minister will go away and think about all these matters. I do not need to bore him any more than I bore him in the Bishops’ Bar about some of these issues and I know that he is well aware of them. I hope that he will take on board, if not always necessarily agree with, the advice of the Society of Authors, the Publishers Association and other relevant bodies. It would take very little to correct some of the problems that have arisen—a little more care, a little more understanding and a little more vigour in protecting authors’ intellectual property rights. If that is not done, I fear that there is a real possibility that we will turn around in 20 years’ time to discover that those who should have been the cream of our literary talent, the lifeblood of British creativity, have cast their pens aside and found themselves other jobs.

Shakespeare did not write for posterity—

[Earl Attlee]

My Lords, I am afraid that this is a time-limited debate.

[Lord Dobbs]

I beg your pardon. Let me then sum up very quickly by saying that it would be a terrible pity if the book industry were to be left with little but celebrity memoirs, chick lit, TV spin-offs and books of such pale shades of grey that they were all but invisible. That would surely be the saddest tale that we could have written.

Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2013

Earl Attlee Excerpts

Wednesday 6th February 2013 Grand Committee

Motion agreed.

[Earl Attlee]

My Lords, the Committee has made rather better progress than perhaps one noble Lord anticipated. I therefore suggest that the Committee break for five minutes.

Growth and Infrastructure Bill

Earl Attlee Excerpts

Monday 4th February 2013 Lords Chamber

[Lord Adonis]

Of course, in medieval times exit was not a permitted right. The issue here is a very simple and straightforward one, on which I hope the noble Lord can give the Committee comfort. It is as simple as whether it is possible to have a tolling regime without having to have toll booths. The reason the issue has come to the fore is the Silvertown tunnel proposal. TfL, quite rightly, does not want to have toll booths, but the legal position is unclear. TfL tells me the issue is whether the New Roads and Street Works Act 1991 or the Greater London Authority Act is the relevant legal basis for tolling. If it is the one, then there is not a need for booths; if it is the other, then there might be. I think we all agree on what the public policy objective is here; we simply need the Government to give us comfort that it can be achieved.

[Earl Attlee]

My Lords, I am grateful to the noble Lord, Lord Berkeley, for tabling this amendment and for raising this issue in the House. Of course, it is always a pleasure to listen to noble Lords when they get on their hobby-horses. No doubt the noble Lord, Lord Snape, will be here on Thursday afternoon to discuss the HGV Road User Levy Bill that I will propose to the House.

The noble Lord, Lord Berkeley, makes a persuasive case in favour of amending Section 144(3) of the Planning Act 2008 in order to provide greater flexibility for developers wishing to include road charging provisions within the development consent order and to remove unnecessary additional processes and restrictions from the major infrastructure regime. While I cannot comment on the detail of individual cases, I share his commitment to ensuring the delivery of the crucial infrastructure that this country needs to support vital growth and jobs. I also agree with him that it is important that we take the opportunity to ensure that the provisions of the Planning Act 2008 are fit for purpose and are not inadvertently acting as a barrier to growth. This is therefore an area where I am able to consider further the case for an amendment to Section 144(3) of the Planning Act 2008.

On the noble Lord’s point about charges against diplomatic organisations, he will be aware that this is a long-running issue that we have debated many times. The Government pursue these charges vigorously with the organisations concerned. The noble Lord touched on the charging of road users, and of course on Thursday we will debate the HGV Road User Levy Bill, which partially addresses some of these problems.

I am happy to meet all noble Lords to discuss some of the wider issues relating to charging for roads. However, noble Lords will be well aware of the Government’s policy on wider road-user charging. With those reassurances, I hope that the noble Lord will be willing to withdraw his amendment and perhaps return to it on Report.

[Lord Berkeley]

I am very grateful to the Minister for what I felt was a positive response. I did not really need much on the poor old Foreign Office’s attempt to get the Americans to pay for parking their cars here, but, on the subject of the amendment, it was good to hear that he understands the problem. I look forward to sitting down with him between now and Report and possibly encouraging the Government to come back with their own amendment, which I am sure will be much better than the one that we have drafted. On that basis, I beg leave to withdraw the amendment.

Marine Navigation (No. 2) Bill

Earl Attlee Excerpts

Friday 1st February 2013 Lords Chamber

[Lord MacKenzie of Culkein]

My Lords, I do not want to get into European law, but we are talking about definitions. The noble Lord, Lord Chidgey, has referred to them. The amendment in the name of my noble friend Lord Berkeley refers to,

“proposals to allow junior ratings to hold pilotage exemption certificates”.

There is nothing in the Bill that suggests that junior ratings should hold a PEC. It refers to deck officers, not junior ratings.

I failed the Board of Trade eyesight test to go to sea as a deck officer cadet, so I have lost out on some of the expertise, but my father was a Merchant Navy officer, I have two relatives who are master mariners, masters of Northern Lighthouse Board vessels, and a stepson who is a senior officer in the Royal Fleet Auxiliary, and I think that they would all say to me that a rating on a ship is a support worker. He may be an able seaman, an ordinary seaman, perhaps a carpenter, or a coxswain, but not a deck officer. A deck officer is someone who will have passed the examinations for STCW—Standards for Training, Certification and Watchkeeping—on board a vessel.

I therefore say with the greatest of respect to my noble friend Lord Berkeley that the amendment is defective in talking about junior ratings when the Bill has nothing to say about junior ratings. We are talking about giving deck officers the possibility of having a pilotage exemption certificate. The PEC will be given only by a competent harbour authority, and I cannot imagine any competent harbour authority giving a pilotage exemption certificate to anyone who is not properly qualified, because the risks of doing that would be immense: blockage of a channel or harbour or a ship running aground. The risk to that harbour authority would be pretty immense, and I cannot see for the life of me any of these harbour authorities giving a PEC to someone who is not properly qualified and examined with a STCW. I hope that my noble friend Lord Berkeley will not press his amendment, because it is quite clearly defective in its wording.

[Earl Attlee]

My Lords, the Motion moved by the noble Lord, Lord Berkeley, invites the Government to take a particular action before the House goes into Committee. It may be unusual, but it is order. I must confess that I am surprised by the move by the noble Lord to delay debating the Bill today. It was, after all, his express wish at Second Reading, only a fortnight ago, that the Bill reach the statute book. He said:

“I wish the Bill well. I hope that we can get it to Royal Assent without too many delays”.—[Official Report, 18/1/2013; col. 911.]

I have no problem with the noble Lord wanting to debate the Bill properly, but he knows that any amendment is fatal to nearly all Private Members’ Bills. He must be aware that if the Bill is to achieve Royal Assent as he desires, it is necessary for this House to debate it today. A week’s delay is not available. I, too, hope that the Bill will achieve Royal Assent—it contains measures that our valuable maritime industry has been seeking for many years—but if it does not, I would rather that it fell as a result of the clear will of this House rather than of a move to delay discussion.

The noble Lord, Lord Chidgey, asked me about legal advice. I assure the House that my department has plenty of lawyers who delight in constraining me in what I can say to your Lordships. Noble Lords will know that it is a long-standing convention that Ministers do not release legal advice. Furthermore, the noble Lord has indicated his concerns about the legality and desirability of Clause 2. I understand that he is very content with the other clauses. That being the case, it might have been more appropriate to table an amendment to provide that Clause 2 can be commenced only after the report that he desires has been published. I have certainly tabled many such amendments in my time.

Having said that, I understand the noble Lord’s desire to ensure that the Bill does not conflict with international agreements that this country has entered into freely. I am happy to give the assurance today that nothing in the Bill conflicts with the Standards for Training, Certification and Watchkeeping, the STCW. I am not convinced that a report stating the same would have any more effect than me, as a Minister of the Crown, doing so at the Dispatch Box.

A ship must comply with the applicable requirements of the code; there is no doubt about that. On some ships, the crew structure will permit another deck officer to act as pilot, using their pilotage exemption certificate, while remaining fully compliant with the code. The noble Lord refers to junior ratings being allowed to hold pilotage exemption certificates if this Bill passes. I do not think it right that I should pre-empt discussion on Clause 2, which I hope that we can have today, but I will say now that this clause does not propose such a thing. I may be able to satisfy the noble and reverend Lord, Lord Eames, at this point. A junior rating is not a deck officer, though a rating might,

“also help deck officers with navigational and watch duties, and anchor the ship when coming into port”,

to quote the National Careers Service.

What we envisage, and what I believe that the industry understands by the term “deck officer” is much more substantial. A deck officer capable of satisfying the pilotage exemption certificate requirements will have had several years of experience at sea and have responsibility for navigation of the ship, which is somewhat more advanced than a junior rating.

I hope, therefore, that the noble Lord will be willing to withdraw his amendment and enable us to move on and use the time that we have for important Committee debates which we need to have before the House can be sure that the legislation is sound.

[Lord Berkeley]

I am grateful to all noble Lords who have spoken in this debate. I tabled the amendment on Wednesday evening because I still had not received a copy of the letter from Stephen Hammond MP, which I felt that we needed. The letter arrived 12 hours later, perhaps because I tabled the amendment—I do not know. I could have said that we should delay discussion from Clause 2, but I took advice from the Clerks and this is the amendment that I tabled.

Some noble Lords have probably strayed into discussions on the clause stand part debate. The issue over which I raised this was that of the two potentially different definitions of who can have a PEC. The Minister did not answer, so I suppose that we can all expect lots of court appearances, as the noble Lord, Lord Chidgey, suggested. On that basis, I beg leave to withdraw my amendment.

--- Later in debate ---

[Lord Greenway]

My answer to that would be that young, well trained British officers are highly thought of elsewhere in the world, so jobs are available for them.

PEC examinations can be seen by both individuals and their employing companies as an important rung in the advancement of their professional careers. They involve commitment and academic effort. Those sitting the exams need both professional experience and proven competence in ship-handling. They must also be highly motivated. Therefore, I think that a lot of these concerns have been overstated. To me, there is no doubt that the extension of PEC eligibility will be of benefit to UK seafarers.

Finally, I will say that if the Bill passes, a lot of these concerns can be dealt with by the steering group of the Port Marine Safety Code. That would involve the UK Chamber of Shipping, the various ports groups and the pilots’ association. They can sit down and work out the details of how this change is to be implemented.

[Earl Attlee]

My Lords, the noble Lord, Lord Berkeley, eloquently set out the concerns that he and maritime pilots have about Clause 2 when he gave notice of his intention to oppose the question that the clause should stand part. I understand perfectly the desire to ensure that marine safety is promoted and that nothing is done to undermine it. I believe that this desire is felt all around the Committee and across the maritime industry. Therefore, I will try as hard as I can to meet noble Lords’ concerns.

The sole purpose of Clause 2 is to remove the limitation in the Pilotage Act 1987 that restricts the issuing of pilotage exemption certificates to the master or first mate of a ship, and instead to allow any deck officer to apply for a certificate. It does not grant one; it merely allows a deck officer to apply to the competent harbour authority for a PEC. It changes none of the other provisions in the Act relating to the demands made on an applicant for a certificate: namely, that the applicant must be a bona fide deck officer of a ship. The clause does not open up the possibility of unauthorised pilotage services being established. I know that that is a concern of pilots and of the noble Lord.

The applicant must be a genuine member of the crew of the ship named on his PEC. No doubt if the pilots in a harbour knew something was going wrong in this regard, they would take it up with the competent harbour authority. If the authority did not listen, they could take it up with the Maritime and Coastguard Agency. If the agency did not listen, they could take it up with the noble Lords, Lord Berkeley or Lord Rosser, with me or with the shipping Minister. There are plenty of routes for aggrieved people to take up this problem.

Furthermore, under the Bill, the competent harbour authority could immediately revoke the PEC if it becomes aware of any problems. The competent harbour authority must be satisfied that the applicant has the skill, experience and local knowledge sufficient for them to be capable of piloting the ship named on the certificate. The PEC applies only to one ship and one harbour. To my mind, this is the crucial safeguard that restricts the issuing of a certificate only to those mariners competent to use one. It is much more relevant than a job title in determining whether someone can safely navigate in specific waters.

The certificate applies to a specific harbour or part of a harbour as appropriate. If anyone seeks to be certified elsewhere, they must demonstrate their skill, experience and local knowledge for those waters to the appropriate competent harbour authority. The competent harbour authority may decide, in the interests of safety, to satisfy itself that the applicant has a sufficient knowledge of the English language. The competent harbour authority decides the method by which it will satisfy itself of an applicant's qualifications, which may be through examination or by reference to other requirements. The certificate remains in force for no longer than one year and it can be renewed only if the competent harbour authority remains satisfied about the foregoing points.

I mention that to demonstrate that the clause in no way reduces the standards of competency required of PEC holders. Stephen Bracewell, the chief executive of Harwich Haven Authority, made this point succinctly to the Transport Select Committee on 17 December 2012, saying that the Bill would do,

“nothing more than add a few people to the list of people who can knock on the door and ask to start the process of being assessed and examined”.

He rejected the idea that a harbour authority would lessen the standards by which they assess and examine people stating:

“We are not going to do it”.

Having outlined what this clause does not change, I turn to what it would do. The clause would permit a competent harbour authority to award a PEC to any deck officer who meets the criteria that I have outlined. The desire for making this change comes from the shipping industry, which has identified a number of potential benefits to several factors, including roll-on roll-off passenger ferries, small domestic ferries and aggregate dredgers.

The clause would permit increased flexibility for shipping companies in the rostering of deck officers, especially in the event of disruption and staff sickness, which currently can be problematic. The additional flexibility would also assist when supplementary or release sailings are chartered, increasing the call on deck officers. Though a comparatively small sector, the change would allow improved flexibility for vessels such as dredgers to operate in piloted waters for extended periods and mitigate the risk of fatigue for certificate holders on these ships.

The industry also wants to respond to demographic trends affecting certificated deck officers, which is a point made by the noble Lord, Lord Greenway. A large proportion of officers are approaching retirement within the next five years and the industry needs to train younger officers to be capable of fulfilling senior roles in the near future. Although it varies between competent harbour authorities, qualification for a PEC may require around 10 to 18 berthing operations to be conducted under the supervision of a pilot. This could reasonably form part of the training for deck officers who have reached a suitable stage in their career development, but who are not yet employed as a master or first mate.

On the terminology of a deck officer, I want to be clear: we are not talking about junior ratings. We are talking about those officers who have navigational responsibilities. It usually takes between three and four years to qualify as a junior deck officer, so potential applicants will have experience at sea. Even then, it is most likely that only the more senior deck officers will be able to demonstrate the skills, experience and local knowledge required by a competent harbour authority.

The noble Lord, Lord Berkeley, suggested that there should be a stricter definition of eligibility tied to definitions in the international standard of training, certification and watchkeeping code. However, mariners on domestic routes do not need to seek certification on this code. Such an approach would be unduly restrictive and certainly tighter than current arrangements. The national association for ports and shipping has agreed that it is preferable to use the definition of “deck officer” in this clause and provide guidance to the competent harbour authorities on the attributes and skills that might be sought in the Port Marine Safety Code’s guide to good practice. The guide already recommends that a competent harbour authority should seek a certificate of competence from applicants. The Port Marine Safety Code steering group, mentioned by the noble Lord, Lord Greenway, composed of representatives from industry, trade unions, the pilots’ associations, the Government and other maritime experts, has agreed to establish a subgroup to consider and recommend any enhancements required for the guide. This will enable competent harbour authorities to have access to the best advice about the qualifications that could be expected of a successful applicant.

The noble Lord, Lord Berkeley, talked about the unwelcome aspects of competition. This is always a concern, but the noble Lord will know perfectly well that it arises in many areas of commercial activity. However, I would also be very surprised indeed if the regular pilots did not report any concerns regarding the inappropriate grant of a PEC to the MCA, as I have already said.

The noble Lord, Lord Rosser, sounded as if he is supporting the noble Lord, Lord Berkeley, in his amendment. I would remind the noble Lord that this Bill has been in gestation for many years, as he well knows. The provisions in Clause 2 were clear Labour government policy, and no doubt responsible and experienced Labour Ministers were satisfied about its legality. Indeed, Jim Fitzpatrick MP said in the other place that the Opposition would look foolish if they opposed the Bill and that,

“it would be churlish of us not to support it. It contains many positive elements”.—[Official Report, Commons, Marine Navigation (No. 2) Bill Committee, 7/11/12; col. 4.]

However, I fully accept that noble Lords opposite are testing the policy and making sure that we have got it right. I am sorry that the letter to the noble Lord did take rather a long time to arrive, but there were quite a few questions to answer.

I think it was the noble Lord, Lord Rosser, who said that the regulations should not be unduly onerous. It is important to remember that a PEC can be limited to a specific ship and a specific harbour, or even a specific portion of a harbour. The noble Lord asked about training and talked about the Port of Liverpool. The Committee will understand that the Port of Liverpool is a very complicated port with all sorts of difficulties. It is not surprising, therefore, that the training requirements to be a pilot for the Port of Liverpool are extensive. However, smaller ports will need less training. It is for the competent harbour authorities to determine what is required, as they do now. There is no change in the training requirements, only a proposal to change the eligibility, and training for a PEC will be similar to that for a pilot.

The noble Lord asked about the number of PEC holders that can be on a ship, which is a good point. He suggested that there could be numerous PEC holders on a ship, but that they would not have sufficient experience. It is not clear to me why a shipping company would want to incur the cost of PEC training and go to the effort of training officers if there was insufficient opportunity for them to exercise the certificate. Furthermore, if the competent harbour authorities believe that a PEC holder was a bit rusty and did not have enough experience, they may pay greater attention to the reassessment process. There will always be the alternative for a master to take on board a maritime pilot if circumstances mean that none of the PEC holders on the ship are available to pilot it because of hours worked or if the structure of the crew does not permit it. If a suitably qualified person is available, there is no justifiable reason to prevent them from holding a PEC and piloting the ship simply because they do not have the right job title.

--- Later in debate ---

[Lord Berkeley]

I am grateful to all noble Lords who have taken part in this short debate and to the noble Earl, Lord Attlee, for the very full answers that he gave. Many of them were very helpful, but one thing that was conspicuously missing was that although there was a lot of talk about training, there was not so much about management responsibility. The key to a successful outcome is to ensure that PEC holders have experience of being in a senior management position on a ship.

As an example, many times in the course of this debate and others we have talked about a famous dredging company in the Thames Estuary. I will quote briefly from a letter that I, and perhaps others, have received from a pilot about this. He says that he knows the company and its working pattern well. He writes:

“The Master likes to do dredging at sea and the Chief Officer normally does discharge of aggregate”

—on the quay. He continues:

“They want the Junior Officer to pilot and navigate in between. I asked one of the Captains of this company why the Junior Officer couldn’t do the discharge or the dredging at sea. Both operations he would be qualified for. The answer was because he/she is not trusted in those roles”.

This is from the captain of one of the ships. If he is not trusted to do the discharge at a quay, or to dredge in the sea, it is a bit odd to think that he ought to be capable of having a pilotage exemption certificate to be able to pilot the ship up and around the Thames. We all remember what happened when the “Bowbelle” and the “Marchioness” had a collision.

[Earl Attlee]

My Lords, if the officer was not trustworthy, the competent harbour authority would not grant him a PEC.

[Lord Berkeley]

Let us hope so. If it was the Port of London Authority, I am sure that that would be the case. I have more doubts about other authorities. There is also the question of ensuring that we do not confuse junior officers with junior ratings, as there were one or two comments about that.

However, we have had a good debate. I would have liked the Minister to have given a definition on the record that the deck officer should be a person who is,

“engaged on board at Management level holding an STCW A-11/2 Certificate of Competency”,

or other appropriate qualification, which would have covered the inland waterways issue. But he will not give that, and at this time of day it is not really appropriate to seek the opinion of the House, because we would never get home tonight. So I leave it at that.

--- Later in debate ---

[Earl Attlee]

My Lords, I am grateful to the noble and right reverend Lord, Lord Eames, for explaining the reason behind this amendment. I was terrified that he would not move his amendment because he observed that there was good news. When a similar amendment was debated in another place, the Shipping Minister was able to announce an initial agreement between port operators and users to develop a code of conduct on harbour directions. The intention was that this would provide a mechanism for resolving disputes. The Shipping Minister said:

“It is my expectation and the expectation of the Department for Transport that, when applying for a designation, a harbour authority would sign up to the code of practice”.—[Official Report, Commons, 30/11/2012; col. 542.]

I am happy to say that since then, there have been very productive meetings between the Royal Yachting Association, the British Ports Association and the UK Major Ports Group, chaired by the UK Chamber of Shipping, to develop that code. At their meeting yesterday, agreement was reached on the terms of that code and I have personally laid a copy in the Library of the House. I was not prepared to fall into the trap of some noble Lord going into the Library and not finding the code of practice.

As expected, the code describes the establishment of a National Directions Panel to maintain the code, produce a set of model harbour directions that designated harbours can adopt as appropriate for their local circumstances, and consider how the power of the harbour directions is being used. The code also sets out how harbour directions should be consulted on with harbour users and how disputes can be resolved. The focus of the code is on resolution locally by the port and its users, but with the possibility of referral to an independent arbiter if agreement cannot be reached.

I believe that this is an excellent example of the benefits of non-statutory arrangements complementing legislation. I think that this is the right approach as we seek to reduce bureaucratic and inflexible central regulation and open up local decision-making. We do not want to gold-plate legislation, especially as there are already a number of safeguards in the Bill aimed at ensuring that the power of harbour directions is used responsibly.

In answer to the noble and right reverend Lord, Lord Eames, I repeat the Shipping Minister’s assurance that the Government would expect any harbour authority applying for designation to have agreed to the code of conduct. I do not anticipate that the code of conduct would be ignored in future years; furthermore, the designation order would be kept under review and a harbour authority could be de-designated if that were warranted.

The noble Lord, Lord Berkeley, asked whether the harbour authority would have to be a fit and proper person. The noble Lord will know that Ministers always take into consideration whether a person is a fit and proper person. Having said that, I hope that the noble and right reverend Lord, Lord Eames, will feel able to withdraw his amendment.

[Lord Eames]

My Lords, I thank the Minister for his sympathetic response; I feel that we have the assurances that I sought on the record. I therefore beg leave to withdraw the amendment.

Railways: Fares

Earl Attlee Excerpts

Thursday 31st January 2013 Lords Chamber

[Lord Bradshaw]

To ask Her Majesty’s Government whether they have conducted any comparison of the level of railway fares in the United Kingdom compared with those in countries elsewhere in Europe.

[Earl Attlee]

My Lords, the most recent major study that included comparisons of the level of railway fares in Europe was published by Passenger Focus. It showed that, although the overall picture is mixed, Great Britain compares favourably with other European countries in respect of many ticket types, particularly on longer-distance tickets purchased in advance. The study compared some other factors, such as frequency of commuter services into major cities, in which Great Britain also compared favourably.

[Lord Bradshaw]

Does the Minister agree that, although the fares are supposed to go up by RPI plus one, there are countless incidents of fares rising by much more than that—for example 9% from Sevenoaks to London. Will he ensure, and also ask his right honourable friend to ensure, that, when a cap is placed on fares, it is a cap that people can understand? The majority of people do not understand the way in which the fares baskets are compiled, which allows such breaches of common sense and of what is commonly understood.

[Earl Attlee]

My Lords, I agree that it must be difficult for ordinary passengers to understand how ticket pricing works. The increase in regulated fares is implemented by train operators as an average across a basket of fares. This flexibility allows some fares to be increased by up to 5%—although only 2% on Southern—more than the average, while other fares must increase by much less or even be held flat to comply with the regulated average.

[Lord Snape]

Does the Minister agree that this largely synthetic row about rail fare increases takes place every year around new year, when there is not much bad news elsewhere? The British media love bad news, and it provides them with an annual story. Notwithstanding that, does the Minister agree with the figures that show that fares for travelling by train have increased in real terms by about 20% over the past decade, while the cost of motoring has reduced by 5% over that period? Are there not some inconsistencies here in government policy?

[Earl Attlee]

My Lords, first, the relative prices of motoring and travelling by rail vary up and down. The comparison does vary. My right honourable friend the Secretary of State asked exactly the same question as the noble Lord about the timing of rail fare increases—and he was not amused.

[Lord Cormack]

My Lords, will mortgages and savings accounts be available for those who wish to travel by HS2?

[Earl Attlee]

My Lords, I know how much my noble friend supports HS2. The business case for HS2 is not predicated on premium fares.

[Lord Davies of Oldham]

My Lords, I am surprised that the Minister takes a patronising attitude to what the public understand. The public understand fare increases quite clearly. The National Audit Office warned that if excessive fare increases occurred they would merely be reflected in higher profits for the train operating companies. The Prime Minister said that fares should not go up by more than 1% above inflation—in other words, 4.2%. How does the Minister justify fare increases of 9%?

[Earl Attlee]

My Lords, a fare increase of 9% can arise where you have the RPI plus one, plus the flexibility that is necessary in order that train operating companies can adjust their fares to suit changing conditions. For instance, let us suppose there was a new shopping centre in an adjacent town. It might be desirable to adjust the pricing structure to reflect that. If there were no flexibility, train operators would not be able to adjust their price structure but would have to stick with an old system.

[Lord Roberts of Llandudno]

My Lords, does the Minister realise that the main obstacle for many young people searching for employment is the cost of transport, especially since the discounted fares come in after 9.30 am and they might have to get to an interview by 9 am? Will the Minister take this up with the train operators, to see whether there might be more acceptable means of providing cheaper transport for young people?

[Earl Attlee]

My noble friend makes an important point. The Government recognise that, for those starting their employment career, being able to travel economically to work is important. My noble friend will be aware that a fares review is currently under way, looking at all aspects of the fares structure.

[Lord Campbell-Savours]

My Lords, fares payable on the day of travel are invariably far more expensive than advance travel tickets. On what basis are the European comparisons that the Minister referred to being made: the former or the latter?

[Earl Attlee]

The noble Lord asks a good question. Just walking up to Euston and buying a ticket is very expensive, and we do not compare well with our continental partners. However, when we look at advanced purchases, we compare quite well. One day, I wanted to go to the NEC to visit the motor show and I could not afford the walk-on fare; it was too expensive for me.

[Lord Dykes]

My Lords, on another item of major annoyance to rail users, will the Government encourage the installation of more quiet coaches on all long routes, to follow the excellent example of Virgin Trains, which bans mobile phones in the quiet coaches?

[Earl Attlee]

My Lords, this is largely a matter for the train operating companies. The difficulty for them is enforcing the quiet carriage rules. I like a quiet carriage, but some people do not adhere to the rules.

[Lord Faulkner of Worcester]

My Lords, the Minister is right to draw attention to the availability of advanced tickets, which represent decent value for money in the great majority of cases. Does he share my irritation when one discovers that it is cheaper to buy tickets for a journey by buying two or three tickets rather than a through ticket?

[Earl Attlee]

My Lords, I was not aware of that particular anomaly, but I hope that the fares review will look at that.

Growth and Infrastructure Bill

Earl Attlee Excerpts

Wednesday 30th January 2013 Lords Chamber

[Lord Judd]

Before the noble Baroness turns to the amendments, perhaps I may ask her a question. I have great respect for her as a person and a Minister; I know that she very much cares about the qualitative dimensions of British life. On reflection, would it not have been better for the Government to say, “Our objective is to have the most efficient possible economic performance in Britain. We will include the rural areas in this objective. We are determined to have the best possible facilities to service that economic activity. However, we not only want our broadband system to be the best in Europe, we want our areas of outstanding natural beauty, including the national parks, to be the best in the world”? The Government’s purpose is to find a policy that enables both objectives to be reconciled.

[Earl Attlee]

My Lords, I remind noble Lords that we are in Committee. Noble Lords may speak as many times as they like, but it might be for the convenience of the Committee if we allow the Minister to respond initially to the amendments and then I am sure my noble friend will be delighted to take further questions.

[Lord Judd]

I assure the Committee that I will not repeat what I have already said, in spite of what we have just been advised is the best way forward.

Railways: High Speed Rail

Earl Attlee Excerpts

Monday 28th January 2013 Lords Chamber

[Earl Attlee]

My Lords, with the leave of the House I will now repeat a Statement made by my right honourable friend the Secretary of State for Transport in another place.

“With permission, Mr Speaker, I would like to make a Statement about our railways. Investing in transport infrastructure is not a choice. To create jobs and to rebalance our economy we need better roads, better airports and better trains. High Speed 2 is a central part of that investment: an engine for growth throughout our country. That is why, today, I am announcing our initial preferred route north from Birmingham and on to Leeds and Manchester. These new services will reach eight out of 10 of our largest cities: places such as Birmingham, Liverpool and Manchester, as well as Leeds, Sheffield, Newcastle, Glasgow and Edinburgh.

In all, 18 cities—and many more towns, too—will be served by HS2 services. HS2 will be completely integrated with the existing rail network, it will bring people and businesses together, it will create an estimated 100,000 jobs and it has the backing of businesses and cities across Britain. We will introduce legislation for the first phase in this Parliament and legislate for the second in the next one. Construction is set to begin in 2017. The first trains will run in 2026 and the second phase will open fully by 2033.

I would like to make three further points. The first is about the need for the line. HS2 will be the first main line to be built north of London for almost 120 years. Some say we do not need another, but the truth is that we are already good at squeezing the most out of our Victorian railway network and, yes, we will get even more out of it in the coming years with massive investment. We are electrifying 800 miles of track and building Crossrail and the northern hub upgrade. These will help to keep us going for the next decade or two, but what then?

Rail passenger numbers have doubled over the past 15 years and demand will keep growing. The west coast main line is filling up. There is not enough space for all the commuters, freight trains and intercity trains that need to use it. That is why I am publishing, after very careful consideration, my initial preferences for phase two of HS2. The case for going ahead rests on the capacity it will provide and on the new connections it will create. It is not just about faster trains to London, but also about changing the way our great cities work with each other. There will be easy links on journeys that are difficult today. It will give muscle to the economies of cities beyond London, producing an estimated £2 in economic benefit for every £1 that is spent.

I frequently hear calls from colleagues in this House for better services to their local stations. They are right to ask for them; High Speed 2 is part of the solution. By creating free space on existing routes, it will allow better services to places such as Milton Keynes and more trains for commuters in areas such as Staffordshire, Leeds and Manchester. I am determined to make sure the benefits of HS2 run much wider than the places directly served by the new line.

Let me turn to my second point: the detail of the route I am announcing today. This follows the Government’s announcement last year about phase one between London and Birmingham. On the western leg from Birmingham to Manchester, I propose two new high-speed stations. The first is in the heart of Manchester, right alongside the existing station at Manchester Piccadilly, allowing easy connections to places such as Salford, Stockport and Bolton and a journey time to London of just one hour and eight minutes, down from more than two hours today. The second station will be at Manchester Airport, giving direct access to the wider Cheshire area. HS2 also will serve Crewe via a dedicated link and high-speed trains will continue on the existing railway to Liverpool, Warrington and Runcorn. They will also benefit from greatly reduced journey times. Further north, near Wigan, HS2 will connect with the west coast main line. High-speed trains can then continue at regular speeds to places such as Preston, Carlisle, Glasgow and Edinburgh. I am working with our counterparts in Scotland on their aspirations for high-speed rail and I have already set out a long-term ambition to get journeys to Scotland below three hours.

Turning to the eastern leg, we will construct three new stations to bring people and businesses in the East Midlands and Yorkshire closer to Birmingham, the north-east and London. The East Midlands station will be located between Nottingham and Derby at Toton. Links will be upgraded to provide fast access to both. The second station will be at Sheffield Meadowhall. It already has good connections and these can be improved further, allowing it to serve all of Sheffield and South Yorkshire. The third station will be located in the centre of Leeds, alongside the South Bank area. As with the western leg, there will be a connection from HS2 on to the existing rail network. A connection to the east coast main line, just nine miles from York, will allow the north-east to benefit, too—London to York in just one hour and 23 minutes, and Newcastle in just two hours and 18.

Lastly, a decision on how best to serve Heathrow will be taken after the outcome of the Airports Commission has been considered by the Government. From day one, though, HS2 will provide far faster journeys than now via a major new interchange at Old Oak Common, linking to the Great Western main line, Crossrail and the Heathrow Express.

The third point that I want to make today is about design and help for those most affected. I know that this is an issue that many honourable Members want the Government to take extremely seriously, and we are. I know that although the line will benefit the country as a whole, it will also create great anxiety among those close to the proposed route, so we will consult properly, design carefully and compensate fairly.

Let me stress that today I am announcing an initial preferred route. This is the start of the process, not the end. We are ready to listen, ready to improve. I want this line to create jobs and prosperity, not harm them, so, where businesses may be affected, we will work with them to find a solution. We will now begin a period of informal consultation on phase two. This will inform the official public consultation, originally planned for 2014 but which I can announce will be brought forward to this year. The aim is to reach a firm decision on the route of phase two in 2014.

I understand how proposals such as these can affect property markets. So compensation will be as generous as on the first phase, and more generous than when we built the motorways. Today I am launching a public consultation on the exceptional hardship scheme for those who must sell but cannot because of HS2. Under this scheme we will pay the full price, valued as if there were no HS2. This will be followed by the next stage of our property compensation scheme, once the final route is confirmed.

There are not many issues on which all the political parties in this House agree; it often feels like there are none at all. This, however, is one because, regardless of the nature of the Government when the first trains run in 13 years’ time, what matters are the jobs, the rebalancing of the economy and our country’s future prosperity. I commend this Statement to the House”.

That concludes the Statement.

--- Later in debate ---

[Earl Attlee]

My Lords, I am grateful for the positive endorsement from the noble Lord, Lord Davies. He thought that he had identified some differences between us; I do not think that he has succeeded. First, he said that he did not believe that this announcement has any current effect on the economy, and the effect would be all in the future, after the completion of the Crossrail project. However, HS2 Ltd has spent £188 million on this project over either the past financial year or the past 12 months; I am not sure which.

The noble Lord suggested that we should have one hybrid Bill. Noble Lords must understand that the hybrid Bill for phase 1 alone will create extensive and detailed powers. The work required to prepare the Bill is proportionate to the length of the line. It is much better to get phase 1 under way and, once it is, to seek approval for phase 2. There are several very large infrastructure projects under way, but they need to be consecutive, not concurrent. Therefore, Thameslink is nearing completion, Crossrail is starting, and we will then work on phase 1 of HS2 and, finally, start on phase 2. There is an interesting question of whether the phase 1 hybrid Bill should refer to phase 2.

The noble Lord talked about connecting services between HS2 and other cities. Of course, he is quite right. We are clear that the HS2 project must not interfere with and divert resources away from the rest of the railway network. Noble Lords will know that we are doing an awful lot of work elsewhere.

Finally, the noble Lord, Lord Davies, talked about the spur to Heathrow. The Government believe that the HS2 network should link to Heathrow, and our preferred route is for this to be built as part of phase 2. However, since January’s announcement, the Government have also established an independent commission chaired by Sir Howard Davies to recommend options for maintaining status as an international aviation hub. We have therefore taken the decision to pause work on the spur to Heathrow until after 2015. The proposals for the spur and station are not planned to be part of the phase 2 consultation in 2013. However, there will still be an opportunity to consult separately at a later time and include the spur in legislation for phase 2 if that fits in with the recommendations of the commission.

[Lord Bradshaw]

My Lords, first, we thoroughly support the recommendations. They are about capacity. However, you cannot talk about capacity and ignore the freight dimension, and the freight dimension has been totally ignored by the opponents of HS1.

Secondly, I want to talk about railway fares. We must be careful that we are not building what will be described in the media as a “rich man’s toy”. Is the Minister aware of recently published research which says that British railway fares are in fact lower than those in France, Germany and elsewhere on the near continent? Only fares at the highest peak here are more expensive than in Europe. Will the Minister contact the Rail Regulator and ATOC to see if we can stop these very large increases, often in commuter fares, which are so far above RPI plus one? Fares at RPI plus nine are not uncommon. The next time fares are revised we should attend to the fares basket, on which the fares are calculated, so that people are hit less. Commuters in places such as Manchester and Leeds have seen very little improvement to their services. They have rotten rolling stock that should have been got rid of years ago, and yet they are being called on to shoulder the burden of the investment when it will be a long time before they see any benefits.

Lastly, and briefly, outside the railway industry is where the benefits lie. If you look at Crossrail you will see already that the land and property values are rising very fast, but the railway gets no benefit in terms of the attribution of these in any economic forum.

[Earl Attlee]

My Lords, first, my noble friend touched on the needs of freight. He is absolutely right, because one problem that we face if we do nothing is running out of capacity on the west coast main line for both passengers and freight. So it is a major driver that we absolutely have to do this project to provide sufficient capacity for freight, because there simply are not the train paths for people to put on the services that they would like to run.

I am looking forward to answering an Oral Question on Thursday regarding railway fares, and my noble friend has been asking me numerous Written Questions about how the fares basket is calculated. One question that it is important to answer is: will it be more expensive to travel by HS2? The issue of fares will be considered in more detail as the project develops. However, our assumptions on the viability of HS2 and the expected fares income do not factor in or depend on a premium for high-speed services.

[Lord Soley]

Will the Minister assure me that, as in all other European countries, the Government recognise that our future hub airport, wherever it is located, must be linked to a high-speed railway line? Do the Government understand that?

[Earl Attlee]

My Lords, the most cautious approach for me would be to rely on the Airports Commission, but I am sure that it will take that very much into consideration. In the noble Lord’s submission to the Airports Commission, no doubt he will have mentioned that very point.

[Baroness Chalker of Wallasey]

My Lords, I thank the Minister for repeating the Statement. Will he pay particular attention to the cross-Pennine route between Yorkshire, Lancashire and northern Cheshire? We will get the real benefits for the north only if, in addition to HS2, we improve the links between the east and the west of our country in the north.

[Earl Attlee]

My Lords, my noble friend is right in general terms. HS2 is predominantly a north-south route and will link eight out of 10 cities, but to get the full benefit we need a complete network. We are doing everything we can to bring to fruition schemes that have a good business case.

[Lord Stoddart of Swindon]

My Lords, first, do I assume correctly that the £34 billion cost is estimated in terms of today’s money? If so, what is the cost likely to be by the time the scheme is finished in 2033? Secondly, how can the Government be so certain that the construction of HS2 will result in a better balance between the north and the south? Is it not possible that more people than ever would be attracted from the Midlands and the north to London and the south?

[Earl Attlee]

My Lords, I cannot answer the noble Lord’s first question because I do not know what inflation is going to do. As to his second question regarding whether HS2 will benefit only London: no, HS2 will play an important role in rebalancing our economy, thereby enabling British cities to work together as an economic powerhouse. I have already said that eight of the 10 top cities will be linked together. London will have Crossrail; it is now the turn of Manchester, Leeds, Liverpool, Sheffield and the east Midlands, with further benefits to Scotland and a whole host of cities in the north. We are not simply building a railway—a way to get between two points more quickly—we are connecting people and markets, and providing a platform for development and regeneration around station sites.

[Lord Faulkner of Worcester]

My Lords, I offer my wholehearted support for the Statement and the Government’s strategy on High Speed 2. It is 50 years this year since the Beeching report and 30 years since the Serpell report, which noble Lords may have forgotten had as one of its options a national network of just 1,400 miles. The transformation in the popularity of rail travel and the recognition of the role that rail can play in our transportation has been little short of astonishing. The fact that we can talk credibly about new high-speed railways to the north of England and Scotland demonstrates the fact that demand for conventional rail travel is almost at bursting point, as the Minister said.

Perhaps I may ask the Minister one question and make a further point. Today is very much an endorsement of the approach of my noble friend Lord Adonis, who introduced the very first White Paper on High Speed 2 and set this whole process underway. It would be right for the House to pay tribute to him and his foresight in paving the way for the announcement that the Government have been able to make today.

With reference to what the Minister said about high-speed trains running north on conventional railways, particularly on the west coast main line, can he give an assurance that signalling and other infrastructure on the west coast main line will be sufficiently upgraded to allow these trains to run—obviously not at 300 kilometres an hour but certainly closer to a line speed of perhaps 140 or 150 miles an hour? That will require improvements to the signalling. In that way, it might be possible to achieve the target of reaching Scotland within three hours, which I agree is a very desirable aim.

[Earl Attlee]

My Lords, I am grateful for the support of the noble Lord, Lord Faulkner of Worcester. I have no difficulty at all in paying tribute to the work of the noble Lord, Lord Adonis. This project is going to cover the life of certainly several Parliaments and maybe even several Governments.

The noble Lord talked about speed on the conventional system. One of the problems if we do not do HS2 is that we will have to do upgrade projects on the west coast main line that might look attractive in terms of a business case but, actually, one will eventually run out of capacity on that line, having spent billions of pounds on those projects. The noble Lord is right. I am not sure of the technical points on how we will reduce the journey times from Scotland to London to three hours, but I will happily write to him on that.

[Lord Shipley]

My Lords, I welcome the announcement very strongly. I have two questions for the Minister. The first relates to the date on which the second phase of the high-speed track north of Manchester and Leeds will join the east and west coast main lines near York and at Wigan respectively. Will the Minister assure the House that this will be done at the very same time as the link to Manchester and Leeds is opened? Otherwise, there might be a flight of investment capital from developers who wonder whether points north of Manchester and Leeds will actually be brought within the high-speed framework. The solution to that problem is for a guarantee to be given that it will be done in 2033, when Manchester and Leeds open. Secondly, I simply ask for confirmation that there will be no reduction in the plans for upgrading the east coast main line in the next 20 years, pending completion of the second phase of HS2.

[Earl Attlee]

My Lords, my noble friend asked me some important questions about opening events occurring at the same time. Unfortunately, I cannot give the assurance that the noble Lord wants; the date is too far away. However, I will take the point on board. My noble friend also asked me about the upgrading of the east coast main line. It is important to keep that line working properly, but of course we are talking about something quite a long way ahead. I therefore cannot give my noble friend any specific assurances, other than the key one that the HS2 project will not divert resources from the conventional railway system.

[Lord Grocott]

Like other speakers, I warmly welcome the Minister’s Statement. After all, in this country we built the very first railways and exported the technology to build railways across the world, although sadly in recent decades we have fallen behind. This is a very positive—and for me, exciting—development. I have two points to make from our history. The Minister might find the first reassuring; the second is a question.

The first, reassuring point was made by a railway historian working at the Ironbridge Gorge Museum in my former constituency. He helpfully reminded me that many cartoons and sketches of the 1830s and 1840s speak of cattle not producing milk, hunting and agricultural land destroyed, and the picturesque nature of the English countryside lost forever. I am sure that this is familiar to the House. We all understand the objections that will inevitably come from people along the line and I welcome the assurances that the Minister has given about full consultation. However, in a relatively short period of time, these railways became a treasured part of the landscape.

Secondly, I put the following less reassuring point to the Minister. This is an exciting prospect of about 300 miles of railway—I have not added it all up. The Victorians managed to construct thousands of miles of railway. They did it with picks and shovels, and they managed to do it pretty quickly. Is 2033 the earliest date we can talk about? I have always wanted to live until I am 93, and this would give me an added incentive, but surely it should be possible with JCBs and whatever else modern technology offers to slightly improve on that timescale?

[Earl Attlee]

My Lords, it is an exciting project. However, we need to be doing it for the right reasons, and I believe—as I think most noble Lords do—that we are. I am sure all noble Lords will agree that it is important that we have an effective and fair system of planning for these large infrastructure projects. However, as the noble Lord will know from his experience as a former government Chief Whip, the process for getting a hybrid Bill through Parliament is quite protracted; it is not an easy thing to do. However, we will do it.

[Lord Deben]

My Lords, will my noble friend listen carefully to the point that has just been made about speed? I, too, hope to travel on that first train. I would like it to come earlier because that makes it more certain that I will be in a position to do so. Secondly, will he congratulate his right honourable friend in the other House on producing a Statement that was as non-party political as possible, because we need consensus? It did not refer to the fact that since privatisation the use of the railway has increased enormously, and that all the fears that people had have been entirely reversed. It was right to leave that out of the Statement.

Thirdly, does my noble friend not agree that the grandchildren of the people who objected to the railways being built in the first place became those who were most determined to defend them after they had been built? We have to be very firm with those people who, for understandable reasons, do not understand that this country has been held back by its failure over many years to invest in infrastructure. Recent years have seen great change, with the growing of Crossrail and the rest of it. We are a very much more advanced country as a result. Frankly, nimbyism must not be allowed to stand in the way of Britain growing. Will my noble friend be tough about this? It will be easier to be tough if we do this more quickly. The longer we push it out, the more it will be possible for these people to gain support.

[Earl Attlee]

My Lords, first, of course I always listen very carefully to what noble Lords say. I am grateful that my noble friend thought that it was a non-party political Statement. However, it did say that passenger activity had doubled. In the past, when I had to repeat a Statement that had rather more political content, the noble Lord, Lord Davies of Oldham, did not resist the opportunity to give me a good and well deserved teasing.

We have failed to invest in infrastructure in the past. However, over recent years we have rather turned the tide and recognised the benefits of railways. I will be as tough as I can, but in my current position my capacity is limited.

[Lord Ryder of Wensum]

My Lords, in my experience, when I hear a Statement delivered by a Secretary of State in the other place claiming that the leaders of all the main parties are agreed on a major matter, it invariably turns out to be wrong. In this case, I am reluctant to spoil the celebration. However, in his first point, the Secretary of State in the other place made no financial and economic case at all for the scheme. While I do not expect to be around in 22 years when the scheme is meant to be finished, I am willing to bet that it will never be completed, because the expenditure that is now stated for the cost of the scheme will be inflated year on year, and ultimately a Government, either on this side of the House or the other, will put a stop to it. I am afraid that that has always been the case with the type of vast public expenditure that the Secretary of State effectively announced today without making any case in its defence.

[Earl Attlee]

My Lords, HS2 has a good business case. If local areas seize the opportunity it presents, we can expect the benefits to be even greater. We are continuing to work with stakeholders to realise these benefits. The latest available estimates suggest that HS2 will return around £2-worth of benefits for every £1 spent. HS2 has the potential to generate transport-user benefits with a net present value of up to £48 billion, and revenues with a net present value of up to £33 billion. The construction costs of HS2 are broadly similar to the sort of money we are spending on Crossrail, so the incidence of expenditure on the project will be affordable.

[Lord Steel of Aikwood]

My Lords, there was one slightly opaque sentence in the Statement, which otherwise I welcomed. It referred to consultations with the Scottish Government. Might I persuade the Minister to enlarge a little on that? The last thing we want is a good, high-speed service as far as the north of England and then second-rate ones thereafter.

[Earl Attlee]

My Lords, I can assure my noble friend that there are ongoing discussions on that particular issue between my right honourable friend the Secretary of State and the Scottish Government. The southern portion of the HS2 system has the better business case and therefore it makes sense to start that first, safe in the knowledge that Scotland will still benefit from the reduced journey times to London.

[Lord Greaves]

My Lords, this is a visionary and exciting day, but is it not ironic that most of the existing railway network in this country outside London was built in about 20 years in the Victorian period, whereas it is going to take 20 years to build one and a half new lines now? Is it not time that people started to look at a long-term vision of high-speed rail in this country, extending from the north-east of Scotland to the south-west of England as well as routes to London?

--- Later in debate ---

[Earl Attlee]

My Lords, the first point is that our democracy is a little bit more developed than when we started the railway system in the United Kingdom; it was easier to secure parliamentary approval in those days. I recognise that HS2 does not do anything for the West Country in itself, however noble Lords will know that the Great Western is a very fine line.

Airports: Heathrow

Earl Attlee Excerpts

Wednesday 23rd January 2013 Lords Chamber

[Baroness Browning]

My Lords, on behalf of my noble friend Lord Forsyth, and at his request, I beg leave to ask the Question standing in his name on the Order Paper.

[Earl Attlee]

My Lords, Heathrow has already incorporated all 14 recommendations of the 2011 independent Heathrow resilience inquiry into a £50 million improvement programme, including more snow clearance vehicles and improved operational command and control and passenger welfare procedures. These enabled Heathrow to reduce disruption significantly compared to 2010. Airlines have also improved their responses to severe weather. However, we are asking them to explain why aircraft de-icing problems occurred at Heathrow and what improvements are needed.

[Baroness Browning]

I am grateful to my noble friend, but we will all have witnessed on the television the misery of passengers and, of course, the damage done to the UK’s reputation. Is it not time for Heathrow to learn the lessons quickly so that we do not have these annual reports following what was, after all, a rather modest snowfall?

[Earl Attlee]

My Lords, I agree that there has been some disappointment about performance at Heathrow, and my right honourable friend the Minister of State will be having a chat with its management. However, noble Lords will be well aware that TV loves to portray a bad news story. It is interesting that it did not portray the problems at other European airports, which were also very significant.

--- Later in debate ---

[Baroness Ramsay of Cartvale]

My Lords, does the Minister agree that it is not a question of de-icing or clearing the runways? British Airways comes on the television screens explaining proudly its problem that, “We run at 99% capacity. The slightest difference in allowing time between flights means that we have to cancel”. It turned out in this case that one in 10 incoming flights was cancelled on one day, and that on another it was one in five. Is it not time that an airport that is trying to pretend that it is an international hub stops running at a rate of capacity that is clearly outwith its capabilities to sustain?

[Earl Attlee]

I think that the noble Baroness is suggesting that an extra runway would solve the problem. However, I should point out that Charles de Gaulle airport experienced a cancellation rate of 40% despite having four runways.

[Lord Bradshaw]

My Lords, I have managed all sorts of transport terminals and routes. The only way to deal with the problems at Heathrow would have been to put in a contingency plan which reduced in advance the number of flights taking off and landing. Proper contingency planning is needed so that passengers are advised well in advance not to leave their homes, not to leave their hotels and not to sleep on the terminal floor. Will the Minister encourage the CAA and other aviation authorities to introduce such plans?

[Earl Attlee]

My noble friend is quite right in his analysis of a possible solution. Indeed, that is what happens. A committee called HADACAB determines whether we need to cancel some flights in advance in order to provide capacity to do things such as keep the runway clear. In addition, in future, as a result of the Civil Aviation Act 2012, the Civil Aviation Authority will be able to set resilience conditions on the operator’s licence, but that will not be until April 2014.

[Lord Davies of Oldham]

I am so sorry that the noble Lord, Lord Forsyth, was unable to ask this Question. That would have given me the opportunity to agree with him twice in consecutive days, which would be some kind of record as far as he and I are concerned.

As the Minister is so well briefed as to tell us what other European airports suffered delays, will he put in the Library an analysis of these problems, because north American airports, which have vastly more problems with snow than the UK, seem to keep planes flying through a great deal of it? It would be interesting to have a real, proper comparison.

[Earl Attlee]

My Lords, the way I would explain the situation with regard to my noble friends Lord Forsyth and Lady Browning is: out of the frying pan and into the fire.

As the noble Lord will understand, the meteorological conditions in north America are very different from those at Heathrow. It is interesting to note, however, that airports such as Zurich, Geneva and Basle also experienced cancellations.

[Baroness Butler-Sloss]

My Lords, I was one of those held in Madrid because of BA’s failure to take us on Friday. It re-booked us on Saturday, but again we were unable to fly BA. However, Iberia, closely connected with BA, had no problem whatever in taking us half an hour after the BA flight time. What is happening when a company such as Iberia, closely connected with BA, can fly and carry passengers without difficulty when BA cannot?

[Earl Attlee]

My Lords, I suggest that the noble and learned Baroness writes to BA for an explanation.

[Lord Elton]

My Lords—

[Lord Elton]

My Lords, I think I can keep going. In answer to the noble Baroness, Lady Ramsay, my noble friend said that Charles de Gaulle has four runways, but the comparison she was making was in capacity. We would like to know what percentage of capacity Charles de Gaulle is running at compared with Heathrow.

[Earl Attlee]

My Lords, I believe that Charles de Gaulle runs at about 75% capacity.

Helicopter Flights: Central London

Earl Attlee Excerpts

Tuesday 22nd January 2013 Lords Chamber

[Earl Attlee]

My Lords, helicopter operations in central London are strictly controlled, and last week’s accident was the first fatal helicopter accident in London since civil aviation records began in 1976. We are waiting for the Air Accidents Investigation Branch to complete its investigation to ensure that the reasons for the accident are understood before we consider whether any further measures are necessary. There is no reason to believe that helicopter operations over London are unsafe.

[Lord Faulkner of Worcester]

My Lords, the safety record of helicopter flying in London has indeed been very good, as the Minister said, but does he not agree that the number of new high-rise buildings around Vauxhall Cross has made the approach to Battersea heliport increasingly hazardous? Can he give an assurance that the inquiry into last week’s accident, which could have been so much worse, will include consideration of whether that heliport should continue to operate?

[Earl Attlee]

My Lords, it is not for me to prejudge the result of the investigation or to tell the Air Accidents Investigation Branch how it should conduct its operation, as I am sure the noble Lord understands. The Civil Aviation Authority is closely involved in the planning process, and it is unlikely that planning permission would be granted for a high building in the face of opposition from the Civil Aviation Authority.

[Lord Glenarthur]

My Lords, I declare an interest as president of the British Helicopter Association, which is the trade association for the helicopter industry. Does my noble friend agree that there should be no knee-jerk reaction to this tragic accident? We need to understand the facts. These are always complex, and the Air Accidents Investigation Branch will be able to deduce what all the reasons were. Does my noble friend also accept that helicopter flying into and over London provides health support through the work of the Helicopter Emergency Medical Service, security through police helicopters and some of the military, and also contributes to the wealth of the capital through general helicopter traffic in support of business?

[Earl Attlee]

My Lords, I agree with everything that my noble friend has said. In addition, I point out that the Civil Aviation Authority considered the operation of helicopters over London in 2005, and we are currently operating under the regime it recommended.

[Lord Berkeley]

Are not these helicopters known to everyone as being incredibly noisy? Surely, apart from the police and health helicopters, there is no argument for having a commercial heliport in central London. There is a perfectly good public transport service within London. Cannot these very important people use airports instead?

[Earl Attlee]

My Lords, we are not aware of any horrendous problem with helicopter noise, although I have answered an Oral Question in your Lordships’ House about it. The number of helicopter flights over London has almost halved over the past few years, and the level of noise disturbance has reduced accordingly—although, of course, the economic situation may be impacting on that. It is also clear that helicopters benefit the city both by supporting the economy and by providing essential support to the emergency services.

[Lord Broers]

My Lords, can the Minister tell us how often the charts are updated and whether pilots are tested for their knowledge of the charts? That building has been there only a few months. I declare an interest in that I live right next to it. I have just been waiting for this to happen.

[Earl Attlee]

My Lords, first, I am confident that the charts are up to date. Secondly, when any new structure —or a very tall crane—is put in place, if it is necessary aviators are warned about it through a well understood mechanism.

[Baroness Walmsley]

My Lords, is my noble friend the Minister aware that the planning application for the very tall tower into whose crane the helicopter may have crashed was turned down by Lambeth Council following massive objection from local residents? It was then passed by the Planning Inspectorate. I declare an interest as a local resident. Do the Government think that the criteria used by the Planning Inspectorate should take more account of local objections before overturning local authorities’ planning decisions, and does not this disaster demonstrate that local people usually know what they are talking about?

[Earl Attlee]

My Lords, when we have a disaster such as this we need to look at the technical aspects and listen to the advice from the Air Accidents Investigation Branch and the Civil Aviation Authority. As to the planning system, that is a rather different question; we have debated planning quite a lot recently in your Lordships’ House.

[Lord Davies of Oldham]

My Lords, one feature of the response to the crash was the speed and efficiency with which the emergency services dealt with the accident. Is the Minister aware that the fire appliance that arrived there early came from Clapham fire station, which, under the mayor’s proposals, is due for closure? Will the inquiry examine that point? Does not this crash indicate how dangerous it is to cut back on our essential emergency services?

[Earl Attlee]

My Lords, it is for the Air Accidents Investigation Branch to choose whether or not to comment on this matter. Provision of fire cover in London is a matter for the mayor under the legislation introduced by the party opposite.

[Lord Hamilton of Epsom]

Does my noble friend accept that many of the helicopter flights over London are carried out by the police when they carry out surveillance? It is an astronomically expensive way of doing it. Have the Government considered using drones for this activity?

--- Later in debate ---

[Earl Attlee]

My Lords, I am not aware of whether the police have considered using drones; that is a matter for them. I did ask whether balloons could be used rather than helicopters. The difficulties are, first, that balloons are more vulnerable to wind conditions and, secondly, that the helicopter needs to be able to manoeuvre over a street to get a good view of it. The advice I received is that a helicopter is the ideal way to undertake surveillance operations.