Railways

Lord Berkeley Excerpts

Wednesday 9th September 2020 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I pay great tribute to my noble friend and his time as Transport Secretary. I had the opportunity to go back and look at some of his words in Hansard from when he was Transport Secretary—I think it was 1995 to 1997. There were also some interesting photographs, which noble Lords might want to have a look at, at some stage. My noble friend is absolutely right that we must retain the benefits of private sector involvement in the railways. That is at the heart of how we can make sure that our railways are as effective as possible. Of course, Keith Williams has looked at all these issues and very much recognises that point. The new model that we are developing will ensure that the railway benefits from all that the private sector has to offer in innovation, customer centricity, investment and so on.

[Lord Berkeley (Lab)]

My Lords, the Government’s message on transport at the moment is a bit confusing: get back to work, commute but do not use public transport, and do not work at home. In addition, there are an awful lot of people disregarding this and working at home. Are the Government looking very seriously at the future demand for rail travel, because of both the coronavirus changes and their zero-carbon commitment?

Civil Aviation (Insurance) (Amendment) (EU Exit) Regulations 2020

Lord Berkeley Excerpts

Thursday 18th June 2020 Lords Chamber

[Lord Berkeley (Lab) [V]]

My Lords, I am grateful to the Minister for introducing these regulations. Previous speakers have identified that there is an awful lot wrong with the whole aviation insurance sector at the moment.

The Minister has said it will not change just because we are leaving the EU, but how does this affect the insurance of airlines, airports and other sectors? Does it depend on where companies are registered or located? It is quite clear that there are very different policies coming out of different member states, as well as other parts of the world. This covers safety standards, baggage, compensation and delays—we have seen a lot of these in the last few months. It does not seem to make much difference where the airline is registered; they can have very different policies.

In addition to asking the Minister for some clarification on this, one has to ask what will happen after the end of this year. These regulations give the Government powers to diverge from the European regulations, and maybe the international ones in the future. It is worth pointing out that in the future the only three main groups in the airline business will be the US, the EU and probably China. I do not think the UK will have much of a look-in, so we will have to follow one of them. If we are to produce yet another set of insurance regulations just to make sure that we are seen to be separate, and insist obdurately on not staying in EASA, there will be a very serious and long-term set of consequences for passengers and the insurance industry, as well as airlines.

Like the noble Lord, Lord Bradshaw, I too do not believe a word when the CAA says it supports this. As he says, if it does not support it, it will be out of a job. We have to hope that the Minister can explain in her response what ability the Government will have to change these regulations in future without any consultation with the industry just because they feel it is a good thing.

Covid-19: Walking and Cycling

Lord Berkeley Excerpts

Monday 8th June 2020 Lords Chamber

Asked by

[Lord Berkeley]

To ask Her Majesty’s Government what action they are taking (1) to encourage walking and cycling, and (2) to discourage car use, in cities as the restrictions in place due to the COVID-19 pandemic are lifted.

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

My Lords, on 9 May the Government announced a £2 billion funding package for cycling and walking. This is the largest ever investment in active travel. It includes £250 million to be spent in the current financial year on measures to get people cycling and walking, such as pop-up bike lanes, wider pavements, safer junctions and cycling and bus-only corridors.

--- Later in debate ---

[Lord Berkeley (Lab) [V]]

My Lords, I am grateful to the Minister for that Answer and I congratulate the Government on their commitment to cycling at this time. It is really good. However, although some local authorities are doing very well, there is a big problem with one in Manchester. The Mayor of Greater Manchester and Chris Boardman are launching 200 kilometres of temporary cycle lanes—tomorrow or this week, I believe—which has one big hole in the middle, because Manchester City Council will not co-operate. Can the Minister please encourage Manchester City Council to take part and work with other local authorities to create this potentially fantastic new facility for cyclists?

[Baroness Vere of Norbiton [V]]

I thank the noble Lord for his warm words of welcome for this funding, which will make a huge difference to cycling. I take what he has said about Manchester City Council. I am in regular contact with the Mayor of Greater Manchester, Andy Burnham, and I will raise it with him next time we speak, to see whether something can be done. The Greater Manchester Combined Authority has initially been allocated £15.8 million, and it would be good to see that money spent wisely.

Motor Vehicles (Tests) (Amendment) (Coronavirus) Regulations 2020

Lord Berkeley Excerpts

Wednesday 13th May 2020 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, I am grateful to my noble friend Lord Rosser for the opportunity to debate these regulations. The MoT is an essential safety requirement for those who use the road. You can just as easily kill somebody by having a defective car that has failed an MoT as you can with the coronavirus, so the whole regulation needs to be put into perspective. Like my noble friend Lord Rosser, I ask the Minister to explain what exactly is the reason for this. Is it because the testers have too much work doing something else or because the DVLA is not ready to process the information?

As other noble Lords have said, there are something like 23,000 testing centres in this country. I decided to see how easy it would be to get an MoT test this morning. I googled “MoT test” and managed to book a service with a mythical car—I do not drive or own a car—an XJ12, petrol, 2010 model, for two weeks’ time on 22 May. There are probably many other testing centres that would have taken my booking so I cannot quite see the problem of lack of testing facilities—if, indeed, that is the problem.

A period of several weeks or months of not driving one’s car can create an equally serious problem, as other noble Lords have said. One can now drive from London to Cornwall and back in a day; you cannot spend the night anywhere, but you can drive. That is the kind of situation where latent defects in vehicles could pop up.

The other issue I would like to raise with the Minister is that of attributable accidents. In other words, if you have not bothered, frankly, to have an MoT test, you are exempt because of these regulations, and you have an accident where somebody is badly hurt or killed, who is to blame? I would blame the Government for bringing in unsafe regulations when they were not necessary. The Minister will probably have a much better answer to absolve the Government but, after all, somebody will have to pay compensation and that seems very unfair.

Finally, the noble Earl, Lord Attlee, and others have mentioned the problem of PSVs and HGVs, which are not covered by these regulations. As the noble Earl said, they are mostly run by professionals, but there are bad apples in every industry, including PSVs, HGVs and all types of cars and vans. The problem with the bigger vehicles is that they can cause much more damage when they have an accident. Can the Minister explain whether similar regulations have been brought in to absolve PSVs and HGVs from such tests for six months, and with what justification?

Covid-19: Public Transport Safety

Lord Berkeley Excerpts

Tuesday 12th May 2020 Lords Chamber

Asked by

[Lord Berkeley]

To ask Her Majesty’s Government, following the announcement made by the Prime Minister on Sunday 10 May, what steps are being taken to ensure the safety of passengers who have to use public transport to travel to and from work.

The Question was considered in a Virtual Proceeding via video call.

[Lord Berkeley (Lab)]

My Lords, in his statement to the country this Sunday, the Prime Minister said, “Get back to work if you cannot work from home.” He also said, “Don’t use public transport, use cars or bikes.” I commend the Government for encouraging cycling and walking. However, many lower-paid essential workers travel long distances and do not have a car, so they have no choice but to use public transport. I recently received a paper from SOAS at the University of London, which said that security staff, construction workers, bus drivers and other essential workers are up to eight times more likely to die from the coronavirus compared with someone in a professional occupation. These essential workers fear that if they do not go to work using such so-called unsafe modes, they will lose their jobs. Passenger Focus has come up with some good ideas on this. Will the Government commit that those who cannot travel to work safely and be safe at work within the Health and Safety Executive guidelines will be able to retain any current benefit entitlements they may have at the moment?

[The Senior Deputy Speaker (Lord McFall of Alcluith)]

The Minister will answer the Question and the noble Lord’s supplementary question combined.

Flybe

Lord Berkeley Excerpts

Thursday 5th March 2020 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, several years ago the Government agreed a PSO for the service between Newquay and London, as other noble Lords have said. That means guaranteeing four flights a day, in my book. What will the Government do now to find another operator? How long will that take? It is easy to say that there is a train and a bus—you can even cycle, I suppose—but the Government agreed this PSO because they thought it necessary.

[Baroness Vere of Norbiton]

I hear completely what the noble Lord is saying. The route from Newquay to London is clearly incredibly important, which is why it has attracted a PSO, so we are looking at a replacement operator. We hope one will be able to step up. The local authority can select a new provider for seven months, then re-tender.

High Speed Rail (West Midlands– Crewe) Bill

Lord Berkeley Excerpts

Motion to revive Bill
Tuesday 25th February 2020 Lords Chamber

[Lord Grocott (Lab)]

My Lords, like my noble friend Lord Blunkett, I feel slightly disorientated in agreeing wholeheartedly with my noble friend Lord Adonis. I particularly agree with his point about needing some clarity about 2b. I slightly wondered whether the Prime Minister had introduced reference to 2b just so that he could make his gag about “2b or not 2b”. The crucial thing is how long that reconsideration or re-examination will take. Of all the questions the Minister has had thrown at her, perhaps she can at least give a specific answer to the question: how long will that take and when will it start?

[Lord Berkeley (Lab)]

My Lord, can the Minister tell the House a bit more about the review that the Government published last week, I think, about HS2 and the northern powerhouse—the Williams Rail Review? I believe it answers some of the questions posed by my noble friend Lord Adonis about the review that is to be led by the Government—perhaps she can tell us who in the Government—but with input from the National Infrastructure Commission, to cover not only the whole of phase 2b but the northern powerhouse and possibly Midlands Connect. Can she also explain why the National Infrastructure Commission has been asked to look at this bit of HS2 but the Infrastructure and Projects Authority has been asked to look at phase 1? It seems a bit odd that two separate government organisations are looking at different bits of the same project.

[Baroness Vere of Norbiton]

My Lords, I thank the noble Lord, Lord Adonis, and his new friend, the noble Lord, Lord Blunkett, for their interventions in this very short HS2 debate—which I feared was going to turn into a much larger debate; but I am sure there will be many of those to come.

First, I will address the comments about the integrated rail plan—which I point out is a rail plan, not a rail review. Obviously, it is being led by the Secretary of State for Transport, and he will have assistance from the National Infrastructure Commission, as well as from the Infrastructure and Projects Authority, which, as noble Lords will know, is taking a much closer look at the way that large projects are being run in government; indeed, this afternoon I have a meeting with it on roads.

The noble Lord, Lord Adonis, will be relieved to know that the terms of reference for the plan have already been published—they were published last Friday—so he can look at them and I will be happy to answer any further questions he may have. We aim to publish the integrated rail plan—IRP—by the end of the year to ensure clarity on how best to proceed with HS2, Northern Powerhouse Rail, the Midlands rail hub and all the other major projects in the Midlands and the north, because it is essential that these projects work well together in order that we can maximise the opportunities they provide.

The noble Lord, Lord Foulkes, asked whether China will be building the railway. China’s involvement has not come to my attention, apart from some stuff in the media, but if I can find anything out, I will write to him.

As for Crewe, services on HS2 will run into Crewe station. I have visited Crewe station and it is undergoing significant redevelopment, which I think will be hugely beneficial to Crewe and the services that will be coming into it.

The noble Lord, Lord Greaves, mentioned the location of stations. I fear that at this point we get into the whole HS2 debate and I might just leave that one for another day: I am sure there will be many more opportunities to discuss that.

As I said, passing this Motion will give a lot of closure to those who are affected by the Bill.

Smart Motorways

Lord Berkeley Excerpts

Thursday 13th February 2020 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, I also congratulate the noble Baroness, Lady McIntosh, on securing this debate. It is a very important subject and we do not seem to be getting very far with our concerns. I share the fear and worry of many other noble Lords: with no hard shoulder, driving is quite a frightening experience because everywhere, not just on the hard shoulders, people are driving too close. They do not seem to see parked vehicles until it is too late and they cannot stop or divert. In the old days—I suppose when I started to drive, 100 years ago or so—you were always told to keep enough distance from the vehicle in front of you so that you could stop if it stopped suddenly. That certainly does not happen nowadays.

What can be done? The noble Baroness mentioned the Swedish experiment, which is very interesting. It has achieved a significant reduction in the number of deaths. But there has been a curve between the deaths when it started, in 2000, and now: there was a significant drop in the first three years, then it levelled off. That is exactly the same as has happened here, according to the latest Road Safety Statement for 2019. That rather indicates that the low-hanging fruit has been picked already and we have to do something more radical.

In this country we have around 1,770 deaths each year on the roads, and 26,000 people are killed and seriously injured. That is a terribly high figure. As noble Lords have said, every one is a serious personal tragedy. What are we going to do about it? We can debate ad nauseam whether motorways are riskier or more threatening than other roads. What would happen if the smart motorways were abolished and speed limits introduced? There would probably be more delays, but is a delay not better than a death or a serious injury? We all think it will not happen to us until it does.

I suppose this is a bit of a refrain of mine: we need to enforce the law. Speeding is one thing—the law is easy to enforce, but that does not happen as often as it should. However, we need a step change. I have suggested for a number of years that when you compare the legislation for other safety activities, including on the railways, which is led by the Health and Safety at Work etc. Act, it means that you all have to operate in a manner that is as safe as is reasonably practicable. That means that as the driver, you have the responsibility for acting safely, and if you do not, the enforcement is pretty high and pretty heavy. It applies in many parts of industry, and on the railways, and I cannot see why it cannot apply on the roads as well.

The easiest way would be for the Office of Rail and Road to be given responsibility for road safety. On rail, if you contravene the railway legislation, which is based on the Health and Safety at Work etc. Act, you will get into serious trouble. The statistics bear it out. Last year, on the railways there were 17 passenger fatalities on the main line and on the Underground. We can leave suicides to one side, sadly, because that is a difficult subject. However, there were no train accidents involving fatalities, whereas, as I said, there were 1,770 road deaths and 26,000 people killed and seriously injured. I know that if you measure the fatalities per mile travelled, you can come up with all kinds of things. However, the ORR’s approach to road safety puts the responsibility for avoiding accidents and driving safely on the person driving. They are often at work—many usually are—and Ministers should seriously look at that as a way of dramatically reducing road deaths.

Air Traffic Management and Unmanned Aircraft Bill [HL]

Lord Berkeley Excerpts

Committee stage & Committee: 2nd sitting (Hansard): House of Lords & Committee: 2nd sitting (Hansard)
Wednesday 12th February 2020 Lords Chamber

[Lord Naseby (Con)]

My Lords, I think the House knows that I used to be an RAF pilot. I express some disappointment that the clerks’ department, somewhere along the line, did not add my name to this amendment and a number of others—but I have accepted the apologies of that department.

There is a vast difference between “in control” and “controlling”. I live on a hill in Sandy, Bedfordshire, and so far I have collected two drones that were, by definition, very close to being over the 400 feet and certainly not in the line of sight. I think it is very important that we differentiate between those who are actually flying the drone and those who might technically own the drone or control the company that is flying the drone, or some other definition. I hope that my noble friend on the Front Bench will recognise that this is not a superficial difference but a very significant one and that we must make sure that there is a clear definition. I thank my noble and gallant friend for raising the matter now.

[Lord Berkeley (Lab)]

My Lords, there is a remarkable similarity between the discussions on this amendment and the discussions we have had over the years on self-driving, autonomous cars. The only difference is that this is three-dimensional and the other one is generally two. The noble and gallant Lord, Lord Craig, and the noble Lord, Lord Glenarthur, both gave examples of a question I have long had. The noble Lord, Lord Glenarthur, mentioned two drones meeting over a pipeline or something, but the problem remains: how does a constable identify the person who is in control, or whatever? He is sitting in his car with his machine—or however he is going to do it—but how will he identify that? He cannot really arrest either the drone or the person unless he can identify them first. I hope that the noble Baroness will be able to explain this rather simple bit of logic which has escaped me so far.

[Baroness Vere of Norbiton]

My Lords, I thank the noble and gallant Lord, Lord Craig of Radley, for introducing this small group of amendments and giving us the opportunity to probe this wording, because it is incredibly important that we understand that the wording is fit for purpose. While I understand the intention behind his amendments, after careful consideration the Government believe that the existing wording in paragraph 1 of Schedule 8 regarding a person or persons controlling an unmanned aircraft is fit for purpose in relation to both manual and pre-programmed operations.

On Amendment 24, regarding the power for a constable to require a person to ground a UA—unmanned aircraft—a constable could exercise this power in relation to a UA performing a manual or pre-programmed operation if they had reasonable grounds for believing a person or small group of persons to be controlling that aircraft. Where this reasonable belief exists, the constable could require a person to ground the UA regardless of whether it was pre-programmed or not— hence the existing wording is sufficient for the power to be effective in the circumstances envisaged by the noble and gallant Lord.

A similar issue arises in Amendment 26; again, “controlling” refers to the UA when it is being flown either manually or in a pre-programmed mode if it is capable of that. It is therefore our view that the distinction that the amendment seeks to make would have no discernible benefit, since the description implies a person controlling a UA in line with the existing wording in the Bill. However, the Government recognise that UA technology is constantly evolving, and we will continue to keep our policies under review to ensure that they remain fit for purpose.

On the point made by my noble friend Lord Glenarthur about helicopters and pipelines, he is quite right that unmanned aircraft will increasingly be used for tasks such as patrolling pipelines, railways and all sorts of other things. However, under the current regulations drones should not fly over 400 feet and must remain within line of sight—to go beyond line of sight is against the regulations. They must have permission to do either of those two things. To get that permission, one would assume that those operating the helicopter would be aware that there might be drones operating in that area.

On the point made by the noble Lord, Lord Berkeley, about identifying the person, the constable must have a reasonable suspicion that the person is controlling the unmanned aircraft. That is not infallible, but a reasonable suspicion is not certainty. Therefore, given that the drone must remain within line of sight, a person will probably be able to be seen.

I hope that, based on this explanation, the noble and gallant Lord will feel able to withdraw his amendment.

--- Later in debate ---

[Lord Naseby]

My Lords, I would like to speak in support of Amendment 25, and again, I had hoped to see my name attached to it. I am not sure whether the Committee fully appreciates the sheer scale and numbers that we are dealing with. My judgment, as someone who has been keeping some track of what is happening, is that probably 2 million drones have now been sold and presumably are being flown. I have had the privilege of serving on the Public Accounts Committee with the noble Lord opposite, and on a number of occasions he and I would probe into issues in depth. I therefore say to my noble friend on the Front Bench that the probing which the noble Lord has done should be listened to and assessed very carefully.

Yesterday I went to a briefing on the importation of illegal tobacco. I have never smoked so I have no real personal interest other than ensuring that the revenue that should legitimately go to Her Majesty’s Government does so. There is little doubt that the people behind the illegal importation of tobacco are incredibly creative and show enormous genius, with the result that huge quantities are coming into this country. Allied to that is illegal drug importation, to which the same applies. I have just renewed my shotgun licence. The police are exceedingly careful about the renewal of such licences, not least by those of the older generation, in which I put myself. I am not surprised about that. The police checked thoroughly into where the guns are kept and whether they are properly locked away, and that we had security arrangements to ensure that if someone did break in, alarms would be set off.

We are absolute beginners in this field of activity and its implications. My friend the noble Lord on the Benches opposite is right to say that we are dealing with the rogue element but—as I have demonstrated by giving just two examples in drugs and illegal tobacco importation, and there are others—the rogue element is there in great profusion. Moreover, drones themselves provide a wonderful facility for illegal importation activities. Even if my noble friend on the Front Bench is not able to accept the wording of the amendment, I hope that she will think about it seriously and possibly come back at Report either to accept it or to table it with some minor modifications.

I will say to noble Lords that if we do not take action at this point in time, we will rue the day.

[Lord Berkeley]

The noble Lord, Lord Naseby, has made an interesting comparison between drug and tobacco smuggling and the action of a drone. The difference is that a drone can do monumental damage, if a rogue operator gets in the way and starts doing things that they should not be doing. I saw an instance of drug smuggling in the Isles of Scilly a few years ago; not only was the boat being used to smuggle confiscated, but the man who was single-handedly bringing these drugs into the country was so frightened of being caught that, when the yacht was tied up in St Mary’s harbour, he decided that the best way to get away was to climb the mast. He fell to his death on the quay, which was very sad. He was desperate not to get caught, but the boat would have been confiscated, and I cannot see why a drone cannot be confiscated.

My noble friend Lord Campbell-Savours gave some wonderful examples of the numbers involved. The drones should obviously be confiscated, and anyone who wants to get their equipment back should have to apply to a magistrate. The amendment seems very reasonable to me.

[Lord Glenarthur]

Is there any requirement for those who operate drones to ensure that they are fitted with transponders, which can be interrogated by other types of aircraft conducting their operations perfectly legally within the same airspace? Might some mechanism be found to ensure that those who operate drones without transponders are breaching the rules, to which the noble and gallant Lord and the noble Lord, Lord Berkeley, have referred?

--- Later in debate ---

[Baroness Vere of Norbiton]

I am afraid I do not have that information to hand. I would be remiss if I tried to remember, so I will write to the noble Baroness. I think that was a consultation for all aircraft. She will be aware that the Government are looking at general aviation and, as we move forward, the interplay between unmanned and manned aircraft in a unified traffic management system. That is some way off but we have to start thinking about it now. The electronic conspicuity of drones comes from EU regulation and is now in domestic law. We are in the three-year period during which all drones will have to have conspicuity.

My noble friend Lord Goschen mentioned other penalties and I hope I have given him some idea of their level. I will send this note around because it is useful in setting out exactly what happens if you contravene certain of the regulations.

As for getting people to understand what is required of them, we work with the retailers and the manufacturers—the CAA has the drone code—to make sure that we get the message out as much as possible. This is particularly important around Christmas, when there is a great deal of activity, so that when people get a drone—are given one or buy one—they know that it is not a responsibility-free activity and exactly what their rights and responsibilities are.

I feel a letter coming on on this one. There is quite a bit to cover about proportionality, deterrence and the different levels of penalty for different offences.

[Lord Berkeley]

I am pleased that the noble Baroness will write a letter. It might be a long one, but that is good. In this debate we have swung between saying, “Most people are just doing it in the garden. They might have the drone under their bed. If they go up, they do not fly hard, it is not going high and it won’t hurt anyone much,” to the other extreme when it could bring down an aeroplane or worse. My noble friend and others commented on the number of drones that may be flying and wondered how many will be flying illegally—in other words, without notification, without a licence or whatever. The question of proportionality is therefore quite serious; for some offences confiscation may be too strong a penalty and for others nothing like enough. In her letter, will the Minister give us some idea of how many constables or whatever we are to call them—the enforcement agency—will be trained to do this work and how many offences might they have to follow up each year? I have not a clue. You can think of every policeman in the country being able to do this—which is stupid—or of it all being done centrally. However, it would be good to have some idea of how enforcement might take place so that people like me, who have no great experience of this, can compare it to what happens on the roads or anywhere else. I will be glad to hear the Minister’s comments.

[Baroness Vere of Norbiton]

I thank the noble Lord for that intervention. I hope he will be able to stick around until we get on to later amendments dealing with police resourcing and how the training will work.

Let me go back to first principles. The Bill is about giving the police the powers they need to put in place the penalties that already exist. It is very much about filling in that gap. We are working closely with the police and this is what they have asked us to do to give them the powers to clamp down on illegal drone use. The situation is in flux as people register but, for people who have not registered and are flying illegally, the police now have these powers. Without the Bill, they would not have the powers. With that, I hope the noble Lord will feel able to withdraw his amendment.

Transport Infrastructure

Lord Berkeley Excerpts

Tuesday 11th February 2020 Lords Chamber

[Baroness Vere of Norbiton]

I thank my noble friend for raising that issue. It is of course critical that where tracks already go into major towns or cities—some might be Beeching line closures—the opportunity for reopening those lines may not take the form of heavy rail; there are many new and innovative ways. I know that the one my noble friend referred to is from 40 years ago, but nowadays there are some lightweight, low-cost alternatives to building heavy rail, which could effectively, and with good value for money, get people to where they need to be.

[Lord Berkeley (Lab)]

My Lords, a long time ago the Government made a commitment that, before construction started on HS2, they would produce a new cost-benefit analysis and business case. That was confirmed to me in a letter from the noble Baroness, Lady Sugg, when she was Minister, on 18 December 2018. Has that cost-benefit analysis and business case been published, and if not, when does she expect it to be, and can she confirm that it will be published before permanent construction starts and the formal go-ahead is given?

[Baroness Vere of Norbiton]

Yes, the noble Lord, Lord Berkeley, will be well aware that we are due a final business case, which will set out the benefits and costs for the phase. The notice to proceed will be published alongside it.