East Coast Main Line

Lord Berkeley Excerpts

Wednesday 24th January 2024 Lords Chamber

[Lord Davies of Gower (Con)]

My noble friend will be aware that we had the Williams-Shapps review into the creation of Great British Railways but unfortunately have not had time in this Session to introduce legislation. However, I take his point, which is well made.

[Lord Berkeley (Lab)]

My Lords, will the Minister explain why this government-owned railway, LNER, has apparently changed all the fare structures to remove most saver and supersaver fares—presumably with the intention of reducing the number of passengers that use it?

[Lord Davies of Gower (Con)]

At the Bradshaw address, the Secretary of State committed to expanding single-leg pricing, on most of LNER’s network, for example. This went live on 11 June 2023. In the plan for rail, we set out our intention to simplify fares and improve the passenger experience. We are determined to find innovative ways to get people back into rail.

Private Crossings (Signs and Barriers) Regulations 2023

Lord Berkeley Excerpts

Wednesday 17th January 2024 Lords Chamber

Moved by

[Lord Berkeley]

That this House regrets that the Private Crossings (Signs and Barriers) Regulations 2023, while providing improved safety and visibility designs, do not set out the need, timing and costs for private crossing owners to replace existing signs.

Relevant document: 2nd Report from the Secondary Legislation Scrutiny Committee

[Lord Berkeley (Lab)]

My Lords, I am grateful for the opportunity to move this Motion, which many noble Lords will think is not the most important thing facing the country at this stage. Unfortunately, when the original draft regulations were put down, those of us who have a liking for and an interest in railways, in particular private railways—some of them are steam railways—we found that no consideration was given to the costs, the timing or even the need for putting up new notices every time there was a crossing. I am grateful to Ministers for having upgraded some of the Explanatory Memoranda on this, but it is worth spending a few minutes explaining what the problem is and why I think a little more could be done.

The first thing to say is what the scope of the regulations is not: it is not public roads; it is private roads. It might be a private footpath but, as Regulation 2 says, it can be

“a private road … a private path; or … both”.

Who is the crossing operator? These days, most crossings are operated by Network Rail—there are a few private and other railways that we know about. I am told that Network Rail is happy with this—probably because it did not have much choice—but it is a good thing, and it will probably get some extra funding from the Department for Transport to enable it to change the signs.

In case noble Lords are wondering what it is all about, there are 30 pages in the regulations of pictures of signs that have to be put up on private roads or paths when they cross a railway line. One can debate whether it is time to put some obligation on the users of the crossing—by that, I mean car drivers, cyclists and pedestrians—to take some responsibility for looking before they cross. We are all told in the Highway Code that we must look before we cross the road, but it sometimes seems as if, on the railways, you just cross and if the train is coming, it is the train’s fault. We can debate that. Anyway, these regulations and my Motion do not really cover that, so I shall move on.

I want to talk about heritage railways, which will find it much more difficult to fund all the notices that they will have to put up because they are charities. At the moment, the heritage sector is suffering quite a lot post Covid and from the recession and everything else. My question to the Minister, therefore, is: how often must this really apply to the heritage sector? My noble friend Lord Faulkner of Worcester—who sadly cannot be here today—has been very strong in his opposition to the way that the regulations have been introduced. I know that he would be keen to contribute significantly to this debate, but he had something else that was equally important.

We are talking about a crossing, be it pedestrian or farm—it is a track; it is not a road owned or maintained by a local authority—of a railway line. There is a requirement to put up a very large number of signs to warn people that a train might be coming and what they have to do. The new Explanatory Memorandum is now helpful: it says that the Government want all the signs to be put up by 2029. That seems a long way away but, when you are running a charity and have problems getting passengers to pay the fares, problems with coal, or all the other things that you have to do, that is not very long. You might be able to do it voluntarily. It is quite clear in paragraph 7.4 of the Explanatory Memorandum, however, that:

“Heritage railways and tram operators responsible for private level crossings will be expected to fund the roll out of new signs themselves”.


So, my question is: what happens if they do not? Who will enforce it? Will the police or the Office of Rail and Road come along? Who will get fined?

We then see, at paragraph 7.5, that actually it is all voluntary. If you have a sign up already that complies with the regulations in Section 52 of the Transport and Works Act 1992, those signs will remain legal, and so you do not have to do it after all. The question then becomes: who is going to decide this?

--- Later in debate ---

[Lord Berkeley (Lab)]

My Lords, I am very grateful to the large number of noble Lords who have taken part in this debate. We covered a wide range of level crossings and railways, and many other issues. It is worth reminding ourselves that my Motion related only to heritage lines and to crossings which were not public roads—it included public footpaths and agricultural crossings, and things like that.

Taking that into account, I think we have had some very interesting statistics produced. My noble friend Lord Tunnicliffe has been very helpful to the House in reminding us of the ALARP principle, and the need for ensuring that proportionality, as the noble Baroness, Lady McIntosh, mentioned, is related to whatever letter or guidance comes next from the Minister on this subject. Those of us who have been involved with heritage railways are often told about the amount of paperwork that the Office of Rail and Road or other people require to be produced; this will add a bit more paperwork to it. On the other hand, if the Minister accepts many of the comments that have been made and produces guidance which is proportionate to this threat and the risk, then I think we will have made some progress tonight.

I have no regrets about putting down this Motion, and I am very grateful to all noble Lords who have taken part. I beg leave to withdraw the Motion.

Motion withdrawn.

Automated Vehicles Bill [HL]

Lord Berkeley Excerpts

Committee stage
Monday 15th January 2024 Lords Chamber

[Lord Ranger of Northwood (Con)]

My Lords, I want to make a few brief points on what we have discussed today and what I have read in the Bill previously. It is seen as a very legally descriptive Bill. Some of the challenges and questions that we are raising in our conversations are around use cases, applications and geography, including how this will shape the future in terms of not just mobility but society. These are quite large concepts for us.

My recommendation to the Minister and the Government is that different phases and parts of the Bill addressing specific use cases and their applications may evolve as we go forward, be they about where automated vehicles may be used in railways, rural life, emergencies or the as yet innovative opportunity for such vehicles in commercial applications. In a previous debate on the Bill, I spoke about how we should potentially view automated vehicles as the equivalent of a smartphone, as compared with the mobile phones that we had originally. A smartphone is no longer just a phone; it enables us to do so many other things. These vehicles have the opportunity to become so many other things that we probably cannot define them to the nth degree yet; it is therefore difficult for the Bill to work against that. However, if we can start to scope out additional use cases and see how they would affect the legislation, that may be the way to go.

Let me make a point or two about the points that have been made, for example about the challenges around road signage and automated vehicles. We are already stepping towards an environment where sensors and smart vehicles acknowledge the changes that happen on the road and the speeds on the road around us. This will be another phase of that evolution. Funding for that is a good question; we should discuss in more detail where we will look at providers, digital technology suppliers and the other opportunities that they will provide from that kind of implementation of technology.

We should look at making sure that charging points are integral and standard for usage with automated vehicles as well. I helped the then Mayor of London set up the London electric vehicle partnership in 2008, when we first looked at electric vehicles. We knew that there would be a challenge around standards and charging but we did not allow those challenges to hold us back. We need to think about agile development, failing fast, and enabling trialling and testing to continue so that we do not slow things down as we look for overall international agreement on some of these things. It is a challenge to make sure that we get momentum, which I think we are all looking for.

Perhaps we can identify the use cases that we are highlighting more specifically, then look at how the Bill can address them in its future versions.

[Lord Berkeley (Lab)]

My Lords, I shall be brief. It has been an interesting debate on this group of amendments because we have started talking about infrastructure separately from what goes on it. That is an important issue to look at because, whether in terms of the comments that I remember the noble Lord, Lord Cameron of Dillington, making at Second Reading about the benefits of living in the countryside or the comments of other noble Lords who have mentioned the need for proper infrastructure, the key to this—it was in the press at the weekend, I think—is that the infrastructure mapping must be accurate. Who is going to do it?

The noble Lord, Lord Lucas, suggesting putting it on an old railway line. The old railway line is on the maps already, but can you drive down it safely? Is it a guided bus rail, which is another form of getting around? Not only do all these things need to be kept up to date but somebody needs to be responsible for ensuring that they are up to date and for what happens if they are not. I am sure that this is all on Minister’s mind for when he responds, but there is further work to be done here.

[The Parliamentary Under-Secretary of State, Department for Transport (Lord Davies of Gower) (Con)]

My Lords, I thank your Lordships for the many contributions to this interesting debate. I will try to address the issues that have been raised.

These amendments concern the integration of self-driving vehicles into the existing transport system, particularly the extent to which each may need to adapt to accommodate the other. I begin by clarifying a key point. Self-driving vehicles must be capable of operating safely and legally using the infrastructure as it exists today. There can be no expectation on the part of developers that our roads will change in some way to accommodate their vehicles. Nor do we consider such changes to be necessary for safe deployment.

Vehicles will need to be able to cope safely with issues such as wear and tear, road closures and variation in signage that are found across our road network. This also extends to digital infrastructure. Self-driving vehicles can make use of services such as data connectivity, GPS and digitised traffic regulation orders, but like humans they will need to be able to maintain safety in the event that these services are unavailable. Those which cannot do this would not be authorised.

Government and local authorities have duties to manage and maintain their road networks for the benefit of all users. Over time, local authorities may choose to adapt their networks to leverage the wider benefits from self-driving vehicles. This might include, for example, investing in information systems that can communicate directly with vehicles. However, this is a long-term view. Considering that we are still in the early stages of the deployment of this new technology, it would be premature to anticipate what such changes could look like. Our guiding principle remains that self-driving vehicles must adapt to our roads, not the other way around.

This brings me to Amendments 37 and 50, tabled by the noble Lord, Lord Liddle. These probe our plans for adapting the road network to accommodate self-driving vehicles, including how this will be funded. For the reasons that I have set out, the deployment of self-driving vehicles does not require any adaptations of our physical or digital infrastructure. This means that there are no associated costs and that the noble Lord’s amendments are therefore unnecessary. It means that the infrastructure reviews proposed by the noble Baroness, Lady Randerson, in Amendments 23 and 24, are also unnecessary, along with consequential Amendments 58 and 60. However, in relation to the noble Baroness’s comments on the condition of the road network, I note that the Government have recently announced the biggest-ever funding uplift for local road improvements, with £8.3 billion of funding to resurface over 5,000 miles of roads across England.

Amendments 51 and 61 call for strategies to be published on the application of self- driving vehicles in rural areas. The Government have already published their comprehensive vision for the future of self-driving technology in the UK, Connected & Automated Mobility 2025. As part of that vision, the policy paper considers the opportunities for self-driving technology to improve public transport and to enhance mobility in rural areas. Furthermore, in October last year, we published the Future of Transport rural innovation guidance, providing local authorities with advice and support to embrace technologies such as self-driving vehicles in rural areas. To publish further strategies would risk duplicating this existing work. On the specific point raised by the noble Lord, Lord Liddle, about public transport, our investment in trials such as CAVForth in Scotland and Harlander in Belfast demonstrates clearly that our commitment extends well beyond private use of self-driving vehicles.

On Amendment 48, Clause 47(4)(b) specifically states that the user-in-charge immunity does not extend to the qualifications of the driver. The requirement to hold a valid driving licence therefore continues to apply to the user-in-charge, even while the self-driving feature is active. This is necessary as they may be required to resume control of the vehicle in response to a transition demand.

In a no-user-in-charge vehicle, there is never a requirement for a qualified person to assume control. While a no-user-in-charge feature is active, any person in the vehicle is simply considered a passenger and will not need to hold a driving licence.

Driving licence categories will continue to apply to self-driving vehicles as they do to conventional ones—for example, by weight and number of seats. It would be premature to consider new categories of driving licence at this stage, but it would be possible in the future under the Road Traffic Act. I hope that the noble Lord, Lord Liddle, feels that this clarifies the position sufficiently.

Amendment 44 concerns the interaction between self-driving vehicles and ChargePoint infrastructure. Self-driving vehicles are not yet on our roads and the technology for automated charging is still very much in its infancy. However, we will continue to monitor the future direction of the technology. Should developments demonstrate a need for regulation in this space, we will consider next steps on consultation. The Government are focusing our current intervention on areas where an accelerated pace of rollout is most needed, such as high-powered chargers on the strategic road network and for local street charging.

Amendments 54 and 56 refer to delivery robot vehicles and devices. It is the Government’s view that the Bill already contains the necessary legislation to regulate the safety of all self-driving road vehicles. In line with Clause 94, any mechanically propelled vehicle intended or adapted to be used on the road is already within the scope of the Bill.

As I have said previously, the definition of a “road” extends beyond the carriageway itself. For example, it includes the pavement. Delivery robots and devices that meet these criteria would therefore be in scope. However, to pass the self-driving test, they must drive legally and comply with all relevant regulations. This includes construction and use regulations, and restrictions on pavement use by motor vehicles. Any future changes to regulations on pavement use would need to be balanced with the need to maintain safety and accessibility for other road users. All in-scope vehicles will be subject to the monitoring, assessment and reporting requirements set out in Clause 38. This makes additional reporting requirements unnecessary.

I know that my noble friend Lord Lucas, who tabled Amendment 45, is a long-standing advocate for this particular use case. Although it sits outside the regulatory framework that we are proposing, which is concerned only with roads and other public places, I reassure him of our interest in its potential. We are one of the first countries to explore the business case for self-driving mass transit on segregated routes, with 10 feasibility studies under way backed by £1.5 million in government funding. We are already looking at how regulatory requirements could be overseen for segregated routes. Work is under way with the Office of Rail and Road and the Health and Safety Executive to establish a firm footing for the kind of deployment that my noble friend is interested in. While the technical regulations being developed in support of the Bill may be a useful guide for these “off-road” applications, the frameworks are distinct.

I hope, as a result of what I have said, that the noble Baroness, Lady Randerson, sees fit to withdraw her amendment.

--- Later in debate ---

[Baroness Randerson (LD)]

My Lords, I have Amendments 25, 55E and 59 in this group. Amendments 25 and 59 are associated. They make a simple and obvious point about thinking more outside the box and trying to predict the future.

Consequent on the revolution in vehicle operation, there will, of course, be a need for the modernisation of MoTs to include much more emphasis on software. It will be essential for owners and operators to download updates on a regular basis. If this is not done, the vehicle will either progressively or suddenly become less safe, or probably cease to operate. Last week, I tested the issue of what happens when someone writes software and then the company goes bust, and who is then responsible for carrying on with the software.

There is a major issue here about the modernisation of MoTs. Compared with internal combustion engine vehicles, there will be far less danger of automated vehicles having mechanical failures or deterioration, because there are far fewer mechanical parts to go wrong or to wear out, so the whole emphasis of the MoT and other tests will change and it stands to reason that it is essential to train people with the IT skills required to deal with that change. That is not currently happening in sufficient numbers. The vacancy rate in jobs of this nature within this industry is 7%—twice the average for the sector as a whole.

Amendment 55E asks the Government to develop a workforce strategy to ensure that we have a workforce with the right skills. There is bound to be concern, as automated vehicles become more common and as they replace services that currently operate with human drivers, that automated buses, taxis and delivery vehicles are taking away existing jobs. It is therefore very important that the Government maximise the opportunities for new jobs, too. The Government’s own research estimates that 38,000 new jobs can be provided as a result of this technology and, indeed, updating and maintaining IT. That is possibly an underestimate, but the Government need to prepare now for the highly skilled and well-paid jobs that will potentially come as a result of this technology.

The point of my amendments is simply to probe the Government’s plans to make sure that they are fully prepared and are looking at reviewing the MoT, because many modern cars are halfway there at the moment and need to have that annual look at whether their IT and software are up to date and fully functioning. We also need to have the people to make sure that that can be done. I beg to move.

[Lord Berkeley (Lab)]

My Lords, I will speak to my Amendment 37A. Before I start, I will comment on the noble Baroness’s introduction to her Amendment 25. What she proposes is extremely important. My amendment seeks to go a bit further, rightly or wrongly.

Given the issues we have talked about during the passage of this Bill so far, the issue of changes in technology is really quite serious. Obviously, we do not understand many of them, but we hope that the Government do, and I am sure that they do. I am quite keen to probe the idea of an independent body to keep an eye on safety, health and safety at work and other issues which come up in the course of this Bill. I think the noble Baroness’s Amendment 25 is a good start, but it is a wish to see the Government marking their own homework. That is better than not having any marking at all, but I think there is a long way to go before we can get anything that we can totally trust about what is going on—without getting into the Post Office, Horizon and things like that.

I asked to have a discussion with the Office of Rail and Road, as it has been called for the best part of 10 years. It is an independent body with statutory functions to supervise and comment on the safety and performance of rail and, more recently, it has had a similar but smaller role in respect of roads, in particular monitoring the performance of National Highways. I think most people believe that it performs its regulatory function pretty well. There are many other regulators that we are not going to raise today, but they all have one thing in common: they are all independent of government. Now I know that Ministers can sack the chair of these organisations and do things, but the independence is there.

They have regulatory powers as well. I shall quote one example of what the ORR has been doing on the motorway network. It is quite complicated, but it started off with the Department for Transport asking the ORR to carry out an evidence stocktake to gather the facts on the safety of smart motorways. Then the Secretary of State increased that and said that he wanted some quality assurance of the data and the evidence underpinning the conclusions arrived at with regard to lane rentals. This is the Government asking an independent regulator for its opinion. I think it is really good that the Government have done this. There were then a number of discussions with the House of Commons Transport Committee and the ORR provided its first report, Quality Assurance of All Lane Running Motorway Data. National Highways then used this data to assess smart motorway safety and demonstrate to stakeholders, the public and the Government that the conclusions drawn from the analysis were appropriate and robust.

The Transport Committee in the House of Commons has done quite a lot of work on it. Its conclusion in a report published in December 2023, in a second assessment, was that the ORR’s annual independent reporting

“has provided better transparency in relation to safety on the strategic road network and smart motorways and helped to drive performance improvements”—

which the report then discusses.

Noble Lords will know of the fuss about smart motorways, with lots of debates about their safety and so on. It is interesting that the Transport Committee concluded that, over a number of years, Governments, National Highways and its predecessors had

“underestimated the scale of safety measures needed effectively and reliably to mitigate the risks associated with the permanent removal of the hard shoulder”

from these motorways, and had

“failed to deliver safety improvements … in a timely fashion”.

I do not want to criticise the Government for doing this; they were trying to save money and increase the amount of traffic on the motorway, et cetera. My point is that here were the Government, rightly, asking an independent regulator for its opinion, and then passing it to the Transport Committee, which concluded:

“The Department should make the introduction of changes to the design and operation of the Strategic Road Network depend on a formal health and safety assessment by the Office of Rail and Road”.

--- Later in debate ---

In conclusion, I ask the noble Baroness, Lady Randerson, to withdraw her amendment.

[Lord Berkeley (Lab)]

I asked the Minister whether he would be prepared to meet me, one or two colleagues and perhaps the regulator, the Office of Rail and Road, so that we can understand a little more what he has said. I am very interested in his response, but it would be very helpful if we could have a meeting before Report.

Automated Vehicles Bill [HL]

Lord Berkeley Excerpts

Committee stage
Wednesday 10th January 2024 Lords Chamber

[Baroness Brinton (LD)]

My Lords, I want to make a brief intervention on this group of amendments. I thank the noble Lord, Lord Liddle, for raising the important issue of an advisory council. The disabled community talks about the importance of co-production right from the start to make sure that there is not consultation at the end when it is really too late to do things. I hope that the Minister will take that on board. The Government have finally begun to understand the importance of co-production with disabled people. You can never have just one representative and it is important to understand all the issues. But as the noble Lord, Lord Liddle, said, that also applies to other users, so an advisory council is going to have to cover a fairly broad range of interests. As the Minister reminds us continually during the course of the Bill, we are in new territory and design is inevitably going to have to change, so I hope that he will support these amendments.

[Lord Berkeley (Lab)]

My Lords, I will intervene very briefly and apologise for being late. I support my noble friend Lord Liddle in his comments on Amendment 49 and the need for an advisory council. We have come across this before in many other Bills and Ministers always seem to say, “We don’t want to list those people who might be on it, because they might change”. I just draw the Committee’s attention to the news, which I think came yesterday or today, about the new board for Channel 4. The comment was made that the only person who had any experience in diversity had been rejected. Whether it was because of that or because she was female we do not know, but everybody else—except for one—was a white male. The Government may say these things, but they do not always appear to do it.

Automated Vehicles Bill [HL]

Lord Berkeley Excerpts

Committee stage
Wednesday 10th January 2024 Lords Chamber

In all these areas, I am really asking that the Government get their thinking cap on as to what will need to be standard—universal across the fleet of automated vehicles—and how we can get involved in making sure that we are one of the leading group in setting these international standards.

[Lord Berkeley (Lab)]

My Lords, in principle I support the amendments in this group. Noble Lords who have tabled them have given us some pretty concerning views on what might happen when things go wrong. It all boils down to the fact that there needs to be proper standards, as the noble Lord, Lord Lucas, said, and proper testing of those standards in real life, as the noble Baroness, Lady Bowles, said. My worry is that government has a habit of cutting corners on these things, saying, “It’s going to be all right on the night”.

Looking at the number of cars, 4x4s and other vehicles on the road in this country, and adding the trucks which go all over Europe, if not further, one wonders what kind of standard approach will be developed. It cannot be done just by the British Government or their agencies; it has to be done on a worldwide basis. If we do not have the right standards, we will have no means of checking, when these things are tested on the road, whether they comply with the standards. We had this discussion two or three weeks ago, before Christmas, on the pedicabs Bill and batteries catching fire. It is the same issue here; we probably have the same type of batteries, although maybe just a bit bigger. There has to be a standard, not just for the batteries and other components but for how the whole thing works together. I hope the Minister can tell us how this will work in real life.

As we know, many regulations will be introduced to tell us the detail we have not had today. How many such vehicles that come here, for whatever reason, are not registered in this country? Will they be able to take part in this electric vehicle trial or will they be told that they have to have a driver? If they have to have a driver, somebody will say that that is anti-competitive, and they will take us to a European court of some description because we are keeping foreign drivers—if we can call them foreign—at a disadvantage.

All these questions need answering, as well as the fundamental question of what the backup is when there is a failure—whether it is the satellites, the GPS or whatever else. What will happen when it fails? I am sure the Minister has many good answers to these questions, which I shall enjoy listening to. If he cannot answer them, perhaps we can have another long letter—his are very helpful—explaining what might happen with all these things. We are coming to Report, so this will be our last opportunity to question him. I very much look forward to his comments and I support these amendments in this group.

[Baroness Brown of Cambridge (CB)]

My Lords, I will make a comment on Amendment 1, but perhaps also a more general comment on some of the amendments in this group and the next. I absolutely recognise that these automated driving systems need to be accepted by the public, and I see that many of the amendments look to do that by increasing the emphasis on ensuring safety. I am sure that we are all hugely sympathetic to that, so I am very sympathetic to the motivation for many of the amendments—but we need to be a bit careful. This is a new area of technology—it is still developing, of course—and there may be some unintended consequences of some of the changes that people are proposing.

In talking about this, I will briefly refer to some recent research by Konstantinos Mattas and his colleagues from the European Joint Research Centre in Ispra in Italy. For example, in Amendment 1 we are asked to include a phrase about

“substantial real testing on roads”.

I think we really need to explore the value of this. Human drivers have a frequency of fatal crashes of one every 3.4 million hours, which would imply continuous driving for 380 years. To demonstrate that automated vehicles are safer than humans, you would need to run 100 automated vehicles for 24 hours a day for 225 years. Of course, if you change the software or the hardware, you might well need to repeat tests of this length. We need to recognise the challenge of demonstrating safety by long periods of testing on roads. The vehicles will have to be significantly unsafe for a realistic period of testing to start to show up the problems.

I cannot support Amendment 1, even though I hugely sympathise with it, because it is an apparently simple ask but I do not think it is likely to deliver the benefits intended. Unfortunately, it could be counterproductive, so I think the wording of the Bill as it stands is preferable to the proposal in Amendment 1.

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[Baroness Bowles of Berkhamsted (LD)]

My Lords, I have two amendments in this group, which add to the safety principles. Amendment 7 would add “road environs” to Clause 2(2) so it reads that

“The principles must be framed with a view to securing that road”


and road environs

“safety in Great Britain will be better”.

I had two broad points in mind—one that it is relevant what happens next to the road, on pavements, driveways or anywhere else that a vehicle might stray if navigation goes wrong. It would be relevant, for example, if a consequence of some event meant that the vehicle swerved off road instead of stopping. The swerve might be safer for the road, but the vehicle might hit people not on the road, so it would not be safer for the road environs. I accept that the general standard is to stop not swerve, but that was an easy example to give. It is an obvious point, but something relating to the environs needs inclusion and the statistics that are analysed need to take those kinds of things into account.

I happened to come across a paper today—it was actually published yesterday—entitled Unreliable Pedestrian Detection and Driver Alerting in Intelligent Vehicles, by Professor Mary L Cummings, a senior member of the IEEE and a professor of mechanical engineering, electrical and computer engineering and computer science at George Mason University, and Ben Bauchwitz from Duke University. They have done some testing to try to detect pedestrians and, as the title might indicate, it did not work out all that well. Among the suggestions are that

“intelligent vehicles … detected the pedestrian earlier if there were no established lane lines, suggesting that in well-marked areas, typically the case for established crossings, pedestrians may be at increased risk”

because of the road markings. Obviously, these are all kinds of things that we have to take into account: it just shows that we have to look at what is happening in the whole environment.

There are other things that are going on in, around and among roads that are not part of whatever connected systems are developed, whether it is pedestrians, cyclists, animals that can be ridden or animals in the wild. Of course, we have plenty of such roads, where sheep graze in the Dales and ponies in the New Forest: they are not going to be part of the connected systems, so we need to be sure that the actions of those are taken into account. Less picturesque than those but omnipresent—I flagged them in my reasons—are delivery vehicles. Delivery vehicles already have a big and frequently annoying effect on roads. I doubt that I am the only person who has experienced near misses caused by bad or inconsiderate driving, or an inability to see the road ahead due to dangerous stopping by delivery vehicles, and there is no doubt that the tight scheduling of drivers bears some of the blame for that. Of course, we are hoping that automated driving will be more observant of legalities, but several noble Lords mentioned delivery vehicles at Second Reading. There are papers that explain how little robots are going to be coming up your drive, so what is the situation there? What testing will there be with delivery vehicles that are going to be partly on the road and partly going into private driveways?

An interesting point here is that, when I submitted my amendment, my explanatory statement had to be truncated to remove reference to private driveways because that was out of scope. It seems to me that the Bill is only about public highways, but we cannot get away from the fact that private driveways and private roads are pretty abundant, so what is the legal situation there going to be? Because that is out of scope, is it abandoned? Presumably, regulations cannot be being made, and I cannot help feeling that this is a little bit of a hole. The closest I could get to it was by “road and road environs”, which at least seemed to pass the sniff test in the Bill Office. Thus, in connection with both these amendments, my question to the Minister is: how much will testing and licensing take account of effects that are beyond the highway? What is actually included within the “highway” definition, so far as the Bill is concerned, and what is left out?

I have quite a lot of interaction with the highway, because I live with one going all the way up alongside me, and it is quite remarkable, from time to time, what the local authority thinks is part of the highway but is actually a 130 year-old ancient hedge that they wanted to chop down. Anyway, the corollary to all this is that, if testing and authorisation is done only in the context of highways and what happens there, what is the legal framework for these private and residential roads and driveways? If they are left out, are we going to have something in addition?

[Lord Berkeley (Lab)]

My Lords, this is a very interesting and incredibly important group of amendments. My noble friend Lord Tunnicliffe’s introduction was masterful in setting out all the problems. Before I comment on them, however, I would like to comment on a remark by the noble Baroness, Lady Bowles, just now about which bits of the country, whether they are highways or not, are covered by this legislation. A few years ago, it was nothing personal but I had to investigate whether somebody who was driving a vehicle under the influence of alcohol on an unmade road—in other words, a private road—could be guilty of drink-driving offences. The answer was that they would not be guilty of just about anything apart from drink-driving, because of course that comes under the Health and Safety at Work etc. Act, which covers a much wider scope in this country than roads. It is worth asking the Minister what would happen if someone in control of these vehicles was actually found to be under the influence. Under what legislation would they be prosecuted, if they were liable?

The question of safety, as noble Lords have said, is fundamental. What worries me is that the Bill defines safety as meaning only

“to an acceptably safe standard”.

Acceptable to whom? What about the risk? Is there an acceptably low risk of committing a traffic infraction? Again, acceptable to whom? I am very concerned about the need, in all this legislation, to achieve a step change in road safety for all people who are affected by vehicles or what happens. At present, the risks of death or injury on our roads are significantly higher than for life in general or, indeed, on other transport networks, such as rail. Pedestrians and people who cycle —we have debated scooters before—bear a disproportionately higher risk of injury. If we add in children, old people and people with disabilities, who are particularly vulnerable, this is something that we do not really seem to take very seriously.

One issue that came up in a debate on the last group of amendments, which the noble Baroness, Lady Bowles, raised, quite rightly, was the question of testing on the road, but it is a question of “Which roads?”. Most people think that the first location for testing these vehicles will be on a motorway, because there are no pedestrians—or there should not be any pedestrians or cyclists there—and that is quite simple, really. But then, when we drill down, apart from motorways or dual carriageways, what other groups of roads would one have to test these vehicles on? It becomes very much more difficult and very subjective. I do not have an answer to this, but I am absolutely certain that the noble Baroness is right to say that it needs doing, and in a comprehensive way across all the different types of roads and tracks, in the countryside as well as in the towns. I am not quite sure where we are going to end up, because the amendments in this group on safety are fundamental. I do not have a detailed preference for which ones, but I am absolutely certain that we need to tighten up the definition of road safety to something that is not just acceptable but very acceptable, to a high standard, safely and legally.

Pedicabs (London) Bill [HL]

Lord Berkeley Excerpts

Monday 11th December 2023 Grand Committee

Moved by

[Lord Berkeley]

1: Clause 1, page 1, line 2, leave out “Transport for London” and insert “The Secretary of State”
Member’s explanatory statement
This and related amendments in the name of Lord Berkeley empower the Secretary of State (rather than Transport for London) to make pedicabs regulations.

[Lord Berkeley (Lab)]

This is a long group of amendments but, in my case, they all say the same thing, which is probably just as well. I wish to speak to Amendments 1, 6, 10, 13, 27, 29, 30, 37 and 41. These are all to do with the regulatory framework for pedicabs and what I would call a national one.

At Second Reading in your Lordships’ House, a lot of colleagues talked about the difference between the rules governing pedicabs in London and those in the rest of the country. There was general agreement that the London situation needs changing but that it must not be changed to the extent that it prevents legal pedicabs from operating in a safe and sustainable way. We have to learn from the experience of some other cities, such as Oxford, Salisbury and York, where the pedicabs have effectively been put out of business by the taxi crowd. I am sure the Minister would agree that the purpose of all these things is to make the operations of pedicabs as close as possible to the way that taxis operate around the country, bearing in mind that pedicabs are smaller and lighter than taxis, as well as being safer, I think. However, they all need to live together.

My purpose in tabling what is effectively one amendment is that it would be better if the Secretary of State were responsible for all the secondary legislation. While I have great faith in what Transport for London is trying to do, things can change. We may find in a few years’ time that even those of us who love pedicabs will be badly affected if a different council in London decides to make life so difficult for pedicabs that there would be none left. That would be an equal shame.

I know that the Minister has a couple of amendments down on the same thing and I look forward to debating those. The key for me is that the Secretary of State should take ultimate responsibility for the regulations under the Bill, just to make sure that those regulations are fit for purpose and have a common fairness in how they deal with pedicabs and taxis across the whole of England. The Bill applies only to London, as we have been told many times, but if it then became a model for change in other cities later, if the local authorities wanted it, that would be good too. That is my reason for suggesting that it would be good if the Secretary of State were the person by whom the regulations were applied, so that he or she were in charge. I beg to move.

[Lord Leigh of Hurley (Con)]

My Lords, my name is attached to two amendments in this group. Amendment 2 is a probing amendment to simply ask my noble friend the Minister why the draftsman uses “may” in some instances and not “must”. I would have thought that these are “musts” that we want to see. In his Amendment 44 in this group, my noble friend has helpfully chosen a “must”, but that is the other way round, requiring that TfL

“must obtain the approval of the Secretary of State”.

He will see why I want it in the direction that I have requested.

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[Lord Davies of Gower (Con)]

In answer to the noble Lord, Lord Liddle, I can only repeat that convention dictates that only Ministers can lay orders in Parliament. Therefore, Transport for London would be unable to do so. The amendment is intended to be explicit on that point, making it clear that Ministers would be responsible for laying a pedicab order.

We do not consider that the Government would have to consult. Transport for London would have to consult prior to bringing pedicab regulations forward.

Amendments 2 and 15 in the name of my noble friend Lord Leigh of Hurley seek to impose a statutory requirement on Transport for London to make pedicab regulations, and would require pedicab regulations to make provisions under the matters covered by Clause 2(6). It is right that the Bill provides Transport for London with a discretion to determine how pedicab regulations are designed. Clause 2(6) provides that flexibility, and Transport for London has indicated that it will introduce regulations covering matters under that subsection. In any case, those regulations will need to be consulted on and, as I have set out, a consensus will be needed between the Government and Transport for London.

Transport for London is supportive of the Bill and the need to regulate London’s pedicabs. As such, the Government expect Transport for London to commence work to bring forward pedicab regulations following the Bill’s passage. I emphasise that Transport for London has been asking for the Bill, so we expect it to be industrious in the forming of the legislation.

[Lord Berkeley (Lab)]

My Lords, I am grateful to all Members of the Committee who have spoken to this group of amendments. There is a big variety of opinions, from “The Department for Transport should do everything”, to “Transport for London should do everything”—I am sure that we will come to that later.

I would like the Minister to reflect on the equivalent structure that the Government might propose if and when we ever get some legislation on electric scooters, which we have all been asking for but are not allowed to talk about on this Bill, because electric scooters are used more widely than in London. However, they are a new form of transport, authorised in certain towns and cities by the Department for Transport with the local authorities’ blessing. When it comes to producing legislation on electric scooters, which anyone can buy, own and use, how does the Minister propose that it is done? Would it be by each local authority, the Department for Transport or a combination of both? What would be the quickest way to get it to work? I leave the Minister with my comments and views on that, on which I am sure he will come back at some stage. I beg leave to withdraw the amendment.

Amendment 1 withdrawn.

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[Baroness Anelay of St Johns (Con)]

My Lords, in moving Amendment 3, I shall also speak to Amendment 4 in my name. The objective of both is to highlight the importance of having a clear definition of pedicabs and their use, so that the Bill can deliver its objectives effectively and fairly.

At Second Reading, I made it clear that I support the Bill but was concerned that the current drafting means that it could unintentionally exclude from its remit activity that really is a business and yet, at the same time, trap activity that clearly is not a business. I tabled Amendments 3 and 4 to give the Government the opportunity to take action to remedy what appear to be defects in the Bill.

Amendment 3 probes whether the definition of “pedicab” fails to cover cargo bikes adapted for passenger use. At Second Reading, I asked the Minister, at col. 778 of Hansard, whether the Government intended to include in the definition of “trailer” a bike that has a cargo box attached at the front which has been adapted for passenger use, since the existing drafting appeared to fail to do so. That would give an open sesame to those in the business of driving or operating pedicabs, which have trailers, suddenly to switch to using seating for passengers attached to the front of the bike to circumvent the legislation. At that stage, my noble friend was not able to give an assurance on this matter.

I was therefore pleased last week to receive the letter sent by the Minister to all who had spoken at Second Reading and to see that the Government had tabled Amendments 43 and 50, which deal with the issue I raised. The government amendments appear to resolve the problem I identified, because they ensure that the meaning of “trailer” now includes a sidecar or seating for passengers attached to the front of the vehicle.

I look forward to hearing later from the Minister his explanation for tabling Amendments 43 and 50 and his response to Amendment 42 from the noble Lord, Lord Liddle, because that also supports the position I took at Second Reading. However, I anticipate giving my full support to the Minister’s amendments.

I tabled Amendment 4 to seek clarification about the implications of the word “reward” in Clause 1(2). I was concerned that it could unintentionally bring within the remit of the Bill activity that cannot be considered a business. The example I gave at Second Reading is the transport of a child or baby to school, nursery or perhaps to a doctor’s appointment, when somebody doing that transporting is not the parent. I am not talking about a parent doing it, but cases where the parent cannot—they could be at work—and a neighbour, friend or relative does it in their place. As we reach Christmas, there may be times when one gives a present—a small gift, perhaps a box of chocolates—to the person who has been helping out. My concern is that the lack of definition of “reward” in the context of the Bill makes it possible that the act of a good Samaritan could be brought within its remit.

In his response at Second Reading, my noble friend said:

“As I understand it, the Bill is intended to cover pedicabs plying for hire”.—[Official Report, 22/11/23; col. 790.]


However, Clause 1(2) does not refer to plying for hire. That phrase appears in the Bill only in Clause 2 and does not address the problem I have raised, because subsection (7)(a) refers to a power to impose regulations that may

“prohibit drivers from using pedicabs for standing or plying for hire”

in certain circumstances.

I was going round in circles mentally at this stage, so I decided that the only thing to do was table Amendment 4 to seek further reassurance from my noble friend the Minister. In his letter of 6 December, he stated that a scenario

“where an individual receives a gift as a thank you, is unlikely to be captured under this Bill’s provisions”.

However, that leaves open the fact that it might be captured by the Bill’s provisions. He went on to say that,

“where a formal arrangement is in place for an individual to transport other people’s children on a daily or regular basis in return for a pre-agreed payment, this might be caught by the Bill’s provisions”.

I absolutely see the logic in that because, as a business, it should be within the remit of this Bill. He went on to say that

“it will be for TfL to take a view on such matters in designing the regulations”

and that

“TfL could choose to exercise their regulatory powers in a manner that takes certain types of pedicab usage outside the scope of the regulations”.

This means that the good Samaritan is left in limbo, not knowing whether they are likely to be covered by the Bill in future. We have just had a discussion about who will have the final authority. I can operate only on the basis that the Bill will go forward unchanged because, as we know, amendments can be made here only with the agreement of all Members; if there is a vote, it cuts the Grand Committee dead. I must work on the basis that the Government’s position at the moment will continue until Report, at the very least.

My questions concern how people will know what is going on. Will the Government ensure that regulations impacting those who are not operating a business and who receive small gifts only occasionally will not be imposed? As the Bill stands, the Government could decline to make TfL’s brought-forward regulations. Might the Government then say no to TfL? After all, their Amendment 44 gives them the power to refuse TfL’s regulations. If my noble friend cannot give me the assurance I seek today, can he say how, in these circumstances, the Government and/or TfL will make the public in London aware of what really happens if a good Samaritan decides that it is not worth a candle for them to carry on in case they get caught by regulations and have to go through all the processes—good processes—to check that they are a fit and proper person to carry a friend’s child in their trailer, whether it be a front, side or back trailer? I beg to move.

[Lord Berkeley (Lab)]

My Lords, I warmly support these amendments in the name of the noble Baroness, Lady Anelay of St Johns. I also support the amendment in the name of the noble Lord, Lord Blencathra, who cannot be here today.

In moving her amendment, the noble Baroness gave some good examples of the concern that this Bill may get the wrong people as well as the right ones, if I can put it that way. I have an example: a relation of mine, who is in his 20s, works for a firm that delivers baby food around London on the back of a trailer. I do not know whether it is electric or pedal-driven—that does not really matter—but it is a trailer. On some occasions, he might want to take a passenger with him. His business is doing quite well—it is a business—but he does not really want to get caught up in all the TfL regulations concerning what we normally call pedicabs.

We have to somehow improve the definition. The noble Baroness has made a good start on this; we should have another chat about it, I hope with the Minister, and see what exactly we are trying to stop. Removing the words “or reward” is certainly a good start, but it does not go far enough.

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[Lord Davies of Gower (Con)]

For clarification, the Bill’s provision might feasibly capture instances where there is a formal agreement for an individual to transport other people’s children on a daily or regular basis in return for a pre-agreed payment. I can only repeat what I said: it is not clear that this would be sufficiently different to the type of services the Bill intends to regulate to warrant exclusion from it.

[Lord Berkeley (Lab)]

What is wrong with the amendment suggested by the noble Baroness, Lady Anelay, to remove the word “reward”? If a pedicab is for hire then it is for hire; that is quite clear, but “reward” is not. Someone might pay their au pair a reward to take their kids to school in the back of such a vehicle, or they might be paid by someone else to take their kids. The thought of these wonderful parents in west London who are trying to be green and trying to work out whether they are obeying the law or have to apply to TfL for a licence is a bit worrying.

[Lord Davies of Gower (Con)]

“Hire or reward” is a recognised legal term in taxi and private hire vehicle regulations. The Bill intends the plain meaning of the word “reward”. A scenario where an individual receives a gift as a thank you is unlikely to be captured under the Bill’s provisions. The reference to a pedal cycle or power-assisted pedal cycle being made available with a driver for “hire or reward” is focused on instances where the reward has been agreed prior to the service being delivered.

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Moved by

[Lord Berkeley]

7: Clause 1, page 1, line 10, leave out “whoever it considers appropriate” and insert “—
(a) representatives of organisations whose interests Transport for London believes may be affected by the regulations;(b) other persons who Transport for London considers appropriate.”Member’s explanatory statement
This amendment clarifies that, before making pedicab regulations, Transport for London must consult with representatives of organisations whose interests may, in Transport for London’s opinion, be affected by the regulations.

[Lord Berkeley (Lab)]

My Lords, we are on to the third group and I will speak to Amendments 7 and 9 in my name. To some extent, Amendment 7 follows on from what the noble Lord, Lord Moylan, who is not in his place, said about consultation. It is important that we have confidence that TfL will consult whomever it considers appropriate when drawing up the pedicab regulations. I am particularly interested in people who cycle or walk and, maybe in the future, go on scooters. Amendment 7 suggests that TfL should consult the representatives of those whose interests it believes may “be affected” by the regulations, as well as anyone else—it is quite simple. I hope the Minister will be able to say that it would do that anyway and that he would like it to, or something like that.

I have reflected a lot with people on Amendment 9 and on what the point is of putting in objectives for these regulations. There was some interesting wording in a briefing on the King’s Speech a few weeks ago, which said that the regulations will

“pave the way for a sustainable pedicab industry that is safer for passengers, pedestrians, and other road users in London … making it fairer for passengers and taxpayers by enabling Transport for London … to introduce fare controls”.

I note that it mentions fare controls, not the level of fares. To some extent, the Minister responded, saying that the Government agree with all this.

However, I suggest to the Minister that the list in Amendment 9 is a useful summary of the balance that needs to be addressed between the different people who like, hate or do not very much mind pedicabs. It proposes looking at the environment, the safety of drivers and passengers, danger and disruption to the public, and the level of fares, which will affect how many people hire them. We heard some pretty horrific stories at Second Reading about high fares being charged, to foreign tourists in particular. The list also includes licensing, which, again, needs to be proportionate. I will ask the Minister about one thing I have not put in this amendment: is there any geographical limit to where these TfL-licensed pedicabs may go? Presumably, there is some limit around London, but it would be good to know exactly what it is and what might happen to riders who go outside it.

Can the Minister confirm that the objective of all this legislation is not to discourage people from using pedicabs, or to put them out of business, but to make them into a safe and balanced alternative to other means of transport, enjoyed by Londoners and visitors alike? I beg to move.

[Lord Hunt of Kings Heath (Lab)]

My Lords, I have tabled a stand part notice in this group. First, I will support my noble friend Lord Berkeley. I particularly welcome his Amendment 9, which sets a sensible context in which TfL can take forward its work in pedicab regulation. In Amendment 7, he could have listed the organisations but chose to take a light touch, simply requiring that TfL looks carefully at the organisations that it consults and making sure that it covers the interests that he suggested. That seems eminently sensible and I hope that the Minister will feel able to accept it.

I have tabled my stand part notice for a reason that follows on from something that my noble friend said in his winding-up speech on the first group. I am still puzzled about why the legislation is so narrowly limited to pedicabs and not to e-bikes or e-scooters. I am also puzzled about why there are two transport Bills going through at the same time, and why we could not have had a rather more comprehensive Bill in which we could have been allowed wider input. Perhaps that is why we have two limited Bills—to prevent us having such input. It seems an extraordinarily bureaucratic way to deal with two very limited pieces of legislation.

Dockless e-bikes have had huge growth, unique to London. They are an unregulated market and pose significant traffic and pavement obstruction issues, with some health and safety concerns. There are similar issues with e-scooters. We now have an estimated 28,000 dockless e-bikes in London—up 180% from 2021. It is likely to increase still further in the next few years, which raises a number of issues. First, on-street parking of dockless e-bikes is unregulated, so they can be left anywhere. We have all seen the results of that, strewn around the streets: often, they have either fallen over or someone has thrown them over. They look unkempt and are accessibility and traffic obstruction issues. I understand that dockless e-bike operators are not subject to any procurement rules, so they do not have to adhere to minimum operational standards. I acknowledge that some bike operators have entered memoranda of understanding with specific boroughs, but they are not enforceable and can vary, so there can be inconsistency in crossing from one London borough to another.

Campaigners on disability issues have highlighted and alerted me to the challenges that an increase in e-scooter use may pose for pedestrians with disabilities. I think we have all experienced that. I refer the Committee to a paper published by Policy Exchange’s liveable London and crime and justice units, which has revealed a significant increase in the usage of public hire e-bikes and e-scooters, particularly around Westminster, making pavements impassable as a result of their regularly being abandoned by users at the end of their journey. Again, I think that many noble Lords will have experienced that.

E-scooters fall within the legal definition of a motor vehicle. That means that it is normally illegal to use them on public roads unless they comply with the legal requirements to do so, or are rented as part of an official trial. Concerns have also been raised that the batteries in e-scooters have been linked to fires. In 2021, London Fire Brigade was called to 130 fires related to lithium batteries, 28 of which have been directly linked to e-scooters.

The Government published an evaluation of the scooter trials in December 2022. According to the Library’s briefing, this was followed up in May 2023 with a question from the House of Commons Transport Committee, which was answered by Jesse Norman from the Minister’s department. He said that the Government were

“considering the fact that, since they were initially introduced, trials had shown that e-scooters primarily displaced active travel rather than travel in private vehicles”.

He also acknowledged the safety concerns around their use and

“said that the government planned to lay regulations … under existing rules rather than pass primary legislation. He said the government would also consider legislation on ‘light electric vehicles’. In July 2023 the government said it intended to introduce legislation on micromobility vehicles, which would encompass e-scooters, ‘when parliamentary time allows’”.

Well, we have all used that phrase before. I gently suggest to the Minister that, if his department has the energy to take two Bills through at the same time, parliamentary time would definitely have allowed it to bring provisions in relation to e-scooters and dockless e-bikes.

Getting some regulation here has huge support from the boroughs, TfL and the GLA. Indeed, one of the providers of dockless e-bikes in London, Dott, is also calling for regulation for dockless bikes. The case is overwhelming. I hope that the Minister might be a bit sympathetic and at least give us some indication of when the Government will bring this to fruition.

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[Baroness Stowell of Beeston (Con)]

I agree. Their legal use is being made possible by stealth, basically. That is why people continue to use them with impunity. They know—or, presumably, they assume—that nobody will bother to challenge them in the first place.

[Lord Berkeley (Lab)]

My Lords, I support this little debate that we are having, in particular the comments made by the noble Lord, Lord Foster of Bath, about the fire risk. I, too, have been studying this. It seems that not only are we accepting that e-scooters and some e-bikes are in effect legal because nobody is stopping them, as noble Lords have said; there are still no manufacturing standards to give one any confidence. If these bikes or scooters—or even cars—are not manufactured properly, they could set themselves on fire. That is where we are starting from.

It seems extraordinary that we have got this far. We are not allowed to bring the batteries into some places but, much more seriously, we have seen three big fires this year. There was a report in the press this week about several cars catching fire. Luton Airport car park had a fire; I am told that the fire brigade is absolutely certain that it was not caused by lithium ion but it has not produced any evidence to support that. Looking at the way the fire transmits itself from one car to the next—the worst gases and fire go downwards rather than upwards and then along, obviously, because they hit the deck—I will be very suspicious until I see some independent resource and authority which says that these things are 100% safe. I may have mentioned before that a ship sank off the coast of the Netherlands in the summer with several hundred new lithium ion battery cars in it. One of them apparently set itself on fire, which happens occasionally. Luckily, nobody was hurt, but the ship sank eventually because there is no way of putting out the fire, as other noble Lords have said.

Whether it is a scooter, bike, car or something else, is it not about time that we had a manufacturing standard before these things are allowed to be imported at all? In the meantime, perhaps the Minister and his colleagues could give us some advice as to how not to set ourselves on fire.

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[Lord Davies of Gower (Con)]

My Lords, this third group of amendments has covered a range of policy matters. I will again endeavour to address the issues raised in turn, but I point out at the outset that the noble Lord, Lord Berkeley, referred to the intentions of the Government to restrict. It is really not the intention of the Government to restrict the use of these pedicabs. We understand that they are enjoyed by visitors; the intention is solely to ensure that they are safe and properly licensed.

Amendment 7 in the name of the noble Lord, Lord Berkeley, seeks to place requirements on who Transport for London must consult before making pedicab regulations. The Government understand the intention behind this amendment, but it is not immediately clear that this would have a practical impact. Transport for London is fully supportive of this Bill and has a clear interest in its provisions being applied correctly through regulations. It consults frequently on a wide range of issues and is well versed in conducting public consultations of this nature. In fact, it has already indicated that a pedicab consultation would be extensively publicised and promoted to the pedicab industry, members of the public and stakeholders, including the police, London boroughs and resident and business groups. I hope this provides the noble Lord with some reassurance.

The noble Lord asked about where they can operate. It is clear that regulations may be made for the purpose of regulating pedicabs in London. Practically, pedicabs operate in Westminster and central London hotspots, and Clause 2(1) will also allow Transport for London to place conditions on their licences.

[Lord Berkeley (Lab)]

The Minister said that they operate in London—what is the definition of London? I met some people today who were talking about pedicabs in Paris. Apparently, there is a big problem with them around Charles de Gaulle Airport. I do not know whether that is within the definition of Paris. These people may suddenly decide to sort things out at Heathrow or Gatwick, so is there a geographical limit to which these regulations will apply?

[Lord Davies of Gower (Con)]

I venture to suggest to the noble Lord that this is a matter for Transport for London when it forms the regulations. It is not for me to suggest, but it might decide that they will apply within the London boroughs.

Amendment 9, also tabled by the noble Lord, Lord Berkeley, seeks to define objectives to which Transport for London must have regard in making pedicab regulations. Transport for London has confirmed that, in establishing a licensing regime for pedicabs, public safety will be its primary concern. Beyond this, it has stated that it recognises the need for regulations to tackle issues such as noise nuisance, street and pavement congestion and excessive charging. This should offer comfort to the noble Lord about Transport for London’s intentions. These matters are likely to form part of the public consultation and continue to inform Transport for London’s thinking as regulations are developed. Furthermore, issues raised by this amendment such as safety, fare control and licensing are covered by provisions contained in the Bill. Therefore, at this stage, it is not appropriate to constrain or pre-empt the consultation or pedicab regulations by being overly prescriptive in the Bill.

The noble Lord, Lord Hunt of Kings Heath, is seeking to probe why e-scooters and e-bikes are not covered in Clause 1, as mentioned by other noble Lords. The Bill is limited in scope and focused on addressing the legal anomaly relating to London’s pedicabs. As such, practically, it extends to Greater London only and its focus is pedal cycles used for transporting passengers for hire or reward. The inclusion of e-scooters and e-bikes would appear at odds with this scope. E-scooters and e-bikes are generally used by individuals to undertake personal travel. They are not used to transport passengers for hire or reward. Consequently, the issues that this Bill seeks to address do not appear to apply to e-scooters or e-bikes.

There is also national legislation, not limited just to Greater London as this Bill is, that applies to e-scooters and e-bikes. E-bikes are already regulated by the Electrically Assisted Pedal Cycles Regulations 1983, while e-scooters are considered motor vehicles under the Road Traffic Act 1988. As such, e-scooters are illegal to use anywhere other than on private land or as part of government trials unless they meet the requirements of motor vehicles in terms of technical requirements, insurance, registration and so on.

The Government recognise that there are issues with e-scooters that we need to address, but this Bill is not the appropriate place to do so. As has been mentioned, we recently extended the e-scooter trials until 31 May 2026 to continue to gather evidence on how best to legislate for micromobility, including e-scooters, in future. Given the pressure on legislative time, that legislation will not come forward in this Session, unfortunately. Ahead of that, the Government intend to consult on the detailed approach for regulating e-scooters; I believe that that consultation and the future legislation will be the appropriate place for noble Lords’ points to be addressed.

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[Lord Davies of Gower (Con)]

I understand where the noble Lord is coming from but I am afraid that it does not alter my response to his submission.

I move next to Amendment 16 in the names of the noble Lords, Lord Liddle and Lord Storey, which I will address alongside Amendment 31, also in the name of the noble Lord, Lord Liddle. These amendments relate to enhanced Disclosure and Barring Service checks for pedicab drivers and operators. Amendment 16 would make these checks compulsory and Amendment 31 would require the Government to bring forward the necessary regulations within 90 days of this Bill receiving Royal Assent.

Amendment 16 would bring parity for London’s pedicab drivers with taxi and private hire vehicle drivers—including pedicab drivers outside London, where pedicabs are regulated as taxis. Transport for London has been clear that an effective licensing regime must be underpinned by enhanced Disclosure and Barring Service checks, and has raised the associated risks of bringing forward regulations without this requirement in place. This is a matter that the Government are actively looking into. We have requested that Transport for London submit evidence clearly making the case for these checks; this will be assessed in due course.

However, making pedicab drivers in London subject to enhanced Disclosure and Barring Service checks will, following the passage of this Bill, require changes to the Police Act 1997 (Criminal Records) Regulations 2002, as amended, and the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. There is no guarantee that this can be done in parallel with the Bill.

Amendments 47 and 48 have been tabled in the names of the noble Lord, Lord Berkeley, and the noble Baroness, Lady Randerson. They seek to add a statutory requirement for there to be consultation or a review period for pedicab regulations.

Amendment 47 proposes to add a further consultation requirement six months after the Bill comes into force. Its purpose is to assess whether pedicabs should be prohibited in London or have conditions placed on their operations based on safety concerns.

Amendment 48 proposes that a 12-month review of pedicab regulations becomes a statutory requirement, its purpose being to assess the necessity of further regulations. The Government understand that the intention of the noble Lord, Lord Berkeley, and the noble Baroness, Lady Randerson, is potentially to broaden the scope of the Bill so that e-scooters and e-bikes fall within it. As I have set out, the Government are continuing to gather evidence to support further policy development in this area, which noble Lords have already discussed. The Bill’s scope is narrow and focused on addressing the legal anomaly relating to pedicabs in London.

As regards a review, the Government agree that, as this legislation paves the way for the first regulatory regime designed specifically for pedicabs, the impact of regulations will need to be reviewed. The timescales proposed by these amendments would not allow sufficient time to assess the impact of regulation adequately, as there will no doubt be a need for regulations to bed in and sufficient time will be needed to gather evidence. However, the Government are committed to undertaking a voluntary review of the policy five years post implementation and would work with Transport for London to conduct this assessment.

[Lord Berkeley (Lab)]

Amendment 47 has nothing to do with e-bikes or e-scooters; it is about power-assisted pedicabs. It suggests that TfL must consult

“persons as they consider to have an interest … on whether to prohibit … the use of power-assisted pedicabs in Greater London on grounds of safety”.

Many noble Lords have spoken about the safety risks, including me. This is purely about power-assisted pedicabs and whether there should be a review of the safety of the power bit—obviously—of pedicabs. It is nothing to do with e-scooters or e-bikes. I would be grateful if the Minister could either respond to it now or write to me about the grounds of safety of power-assisted pedicabs in the review.

[Lord Davies of Gower (Con)]

I take the noble Lord’s point; I will have to come back to him in writing on that.

I turn to Amendment 52, the final amendment in this group, in the name of the noble Lord, Lord Liddle. It seeks to bring forward the commencement of this Bill to immediately after it receives Royal Assent. The two-month period is a standard convention for government Bills. A benefit of this approach is that it provides sufficient time for the pedicab industry, in particular reputable operators, to prepare for the introduction of licensing and a regulated industry. In this case, there appears to be no practical advantage to the Bill coming into force immediately. During the two-month period between Royal Assent and the Bill’s provisions coming into force, Transport for London will be able to undertake preparatory work such as developing its consultation.

I turn to the points made by the noble Lords, Lord Berkeley and Lord Foster, on batteries, which we will cover a little later on in consideration of this Bill.

[Lord Davies of Gower (Con)]

I apologise for not addressing that but I will ensure that it is addressed in letter form.

[Lord Berkeley (Lab)]

My Lords, we have had a wide-ranging debate on this group of amendments. I am sure that we all have a lot to think about. On some things, I hope that the Minister will come back to us with some answers; for others, we will probably have to wait for another Bill—under another Government, even. However, on that basis, I beg leave to withdraw Amendment 7.

Amendment 7 withdrawn.

--- Later in debate ---

[Lord Liddle (Lab)]

My Lords, a great diversity of points has been raised on this group of amendments, most of which strike us as sensible. It is therefore up to the Government to see whether they could strengthen the references in the Bill to the issues on which TfL should consider regulating. The consensus that there should be a specific reference to noise is very strong, as this is a major cause of nuisance.

I fully support the reference to the need for pedicab ranks and stands, but it goes back to Amendment 14 in my name, from the previous group, which talks of charging for the costs of putting these things in place. They will require some changes in infrastructure that will cost money, which the local authority and TfL will be reluctant to spend.

[Lord Berkeley (Lab)]

Before my noble friend leaves that point, can I ask him whether he would like to see the same rule applied to taxis? Should the taxi community have to pay for its ranks?

[Lord Liddle (Lab)]

In principle, I personally do not see why not.

--- Later in debate ---

Moved by

[Lord Berkeley]

28: Clause 2, page 2, line 34, leave out subsection (10)
Member’s explanatory statement
This amendment is intended to probe the intended meaning and impact of subsection 2(10).

[Lord Berkeley (Lab)]

My Lords, I shall be brief. Amendment 28 in my name is a probing amendment because I do not understand something. Clause 2(10) says:

“Pedicab regulations may … confer a discretion on Transport for London”


and

“confer power on Transport for London to authorise others to carry out functions under the regulations on their behalf”.

One could be very suspicious about that, or it may just be something that allows TfL to subcontract things. However, I would be pleased if the Minister could explain which it is because “discretion” can cover a wide variety of things.

I will speak briefly to Amendments 38 and 39 in my name, which are to do with consistency between the powers to immobilise and seize pedicabs and those available for motor vehicles. Clause 3(6) allows for pedicab regulations to authorise the

“immobilisation, seizure, retention and disposal of pedicabs that contravene, or are used in contravention of, the regulations”.

Of course, I do not object to any of that, but I hope that it will be taken by the Government and TfL as the sanctions being available only in serious cases. In theory, a pedicab could potentially be confiscated for minor offences, including those that might be committed unwittingly—you can see TfL doing that to a taxi driver who has contravened the regulations unwittingly. I hope the Minister will give me some comfort on that.

I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, this is the first chance I have had to speak in this debate as I was involved in other business in another part of the House. I am delighted to be here at all since I was meant to travel yesterday; I think I must have reached a record in that three trains I was booked on were cancelled. I am just delighted to be here to discuss pedicabs—if I had taken a pedicab from the north of England, it might have been quicker to get here, but then I would not have been insured.

I welcome this Bill but, as the debates on earlier groups of amendments have shown, it does not go far enough in its current form. I will speak to Amendments 32, 35 and 36 in my name. I believe that these amendments are necessary because, on a reading of the Bill—in particular Clause 3(2)(a)—the penalties are simply not strong enough to reflect the gravity of a casualty that could occur through the use of a pedicab.

I may be raising points made earlier; I apologise that I could not be here for debates on earlier groups. When I did arrive, I listened very carefully to my noble friend, whom I congratulate on his new position, which is a very welcome role for him. He stated that existing legislation applies to e-scooters. I put it to him that the existing legislation is not being applied to e-scooters, e-bikes and regular bikes. I pray in aid the tragic case of Kim Briggs, the wife of Matt Briggs, who was simply crossing the road when an illegal bike with no brakes fitted at all knocked her down and killed her. At the moment, there are insufficient penalties. The offender was successfully prosecuted for her death, which was a direct result of the injuries that she sustained, but he could not be put away for anything other than the current minuscule offences in the Road Traffic Act.

Avid readers of the Order Paper will have noted that in the last three parliamentary Sessions I have tried to bring forward a Private Member’s Bill to plug that gap. The closest I came, sadly, was in the year when we were dealing with so many regulations relating to Covid that, as noble Lords will recall, no Private Members’ Bills were covered at all. Is my noble friend really satisfied that the existing regulations that apply to e-scooters, e-bikes and bikes are being applied? Why is it that on a daily basis in London, which is the remit of this Bill, and other parts of the country, people are being knocked down, sustaining serious injuries and in some cases being killed on pavements—which is strictly illegal for e-bikes, e-scooters and regular bikes?

The regulations are not being respected. If we stick with these pitiful, woeful enforcement measures in Clause 2, can my noble friend tell the Committee—I pay tribute to his years of service in the police force—who will monitor this? Will TfL have agents on the street to ensure that, for pedicabs, which are covered by this Bill, the measures that will be covered by these woeful, small penalties will be enforced? Who will it be? If it is not TfL—I hazard a guess that it will not be; it will be the British Transport Police or the Met Police—and they will not apply the regulations that already apply to e-bikes, e-scooters and regular bikes, who on earth imagines that they will apply them to pedicabs? Who is telling them to do this? I know this was mentioned earlier and I regret that I was not here to participate in that debate, but why are the Government not taking charge for this Bill, as I understand they did for other aspects of road traffic Acts in the past?

Clearly, the regulations that currently apply to e-bikes, e-scooters and bikes are not working. My noble friend said that there was no legislative time to bring in the next raft of regulations that will apply to them. Here we have it; we have a Bill before us today that is going through the House very quickly, with one day in Committee. Why, pray God, can we not attach it to this Bill, to prevent any further accidents and casualties on our pavements and other parts of the road?

My noble friend pointed out that you have to be licensed and insured to drive an e-scooter on private land, as is currently the case. I understand the level of casualties to be high—unfortunately I was not organised enough to bring the reply from my noble friend Lord Sharpe in this regard—but the Government do not keep the figures, so we simply do not know how many fines or penalties have been issued for that category.

I welcome the fact that pedicabs will be licensed; that will make a big difference. Can my noble friend tell me what the case is for Deliveroo drivers? They seem to be the bane of my life in London, particularly those who drive regular scooters for months, if not years, with L-plates on. Is there not a category of time beyond which you have to pass a test? Who is monitoring whether they are not actually learner drivers but simply have no intention of passing a test? Who is checking whether they are legally able to work here and to drive said scooters? Has anybody asked whether they have even read the Highway Code and are they tested on it?

With those few remarks, I praise the Government for bringing forward the Bill, but I hope that my amendments show what is required to make sure the Road Traffic Act brings in these changes, which I tried but failed to do through my Private Member’s Bill. I hope my noble friend will look kindly on those suggestions.

--- Later in debate ---

[Lord Davies of Gower (Con)]

My Lords, we come to the final group of amendments, focusing on enforcement. Amendment 28, in the name of the noble Lord, Lord Berkeley, seeks to probe the intention and meaning of Clause 2(10). The Bill intends to give Transport for London a level of flexibility in designing pedicab regulations that are workable and meet its needs. This will be central to shaping a robust and effective regime. In achieving this aim, Transport for London has been clear that, as with taxi and private hire vehicle enforcement, it must be able to authorise others to carry out functions under the regulations on its behalf, such as enforcement activities. Clause 2(10) provides for this.

Amendments 32, 35 and 36, tabled by my noble friend Lady McIntosh, seek to add to the Bill provision covering death or serious injury caused by the careless, inconsiderate or dangerous use of pedicabs, with accompanying penalties. Of course, any death on our roads is a tragedy. Although we have some of the safest roads in the world, the Government are committed to making our roads even safer. The Government agree that dangerous cycling puts lives at risk. This is why there are already strict laws in place for cyclists, and the police have the power to prosecute if they are broken. They include laws to prosecute cyclists who cause bodily harm under Section 35 of the Offences against the Person Act 1861, which carries a maximum punishment of two years’ imprisonment. They also include cycling offences under the Road Traffic Act 1991 for careless cycling, with a maximum fine of £1,000, and dangerous cycling, with a maximum fine of £2,500. Furthermore, I am sure my noble friend will welcome the Department for Transport’s response to the consultation on death or serious injury by dangerous cycling, which will be published in due course.

However, we do not consider these amendments necessary. Pedicabs will be treated in the same way as pedal cycles, and their drivers will be treated as cyclists for the purpose of dangerous cycling offences. The exception would be if a pedicab is deemed a motor vehicle, in which case it would be subject to motoring offences.

My noble friend Lady McIntosh asked about enforcement; the noble Viscount, Lord Goschen, touched on this as well. Transport for London will have its own enforcement officers who work together with the police on this. I hear what the noble Viscount had to say about enforcement—or perhaps a lack of it. It is an operational matter for police and what he said is disappointing, but I certainly hear it loud and clear. As I said, it is for the police to respond to.

On the question that my noble friend Lady McIntosh raised, the figures, fines and penalties are an issue that lie with the Home Office. As for the Deliveroo L plate drivers and whether they are legally here, again, that is a policing matter. I am not too sure whether they can remain with L plates forever; we will have to write back to her on that. Certainly, that is a point well made.

Amendment 33 in the name of the noble Lord, Lord Liddle, seeks to increase the level of fines for offences committed under pedicab regulations from level 4 to level 5. This would mean that there would be no upper limit to the fines issued. The enforcement tools in the Bill are comprehensive, providing Transport for London with the scope to design an enforcement regime that can effectively target the rogue operators which have profited from a lack of regulation for too long. Clause 3(2), which this amendment seeks to change, is part of a suite of tools in the Bill.

Pedicab regulations will be able create offences providing for the giving of fixed-penalty notices or the imposition of penalties. These powers are supplemented by the ability to seize, immobilise, retain and dispose of pedicabs. There is also the ultimate sanction of stopping a pedicab driver or operator conducting business by revoking their license under Clause 2(1)(b). The Government expect Transport for London to take a view on how best to regulate the industry, subject to engagement with stakeholders and a public consultation. As the Committee is aware, pedicab regulations will be subject to approval by the Secretary of State. This should provide assurance to any noble Lords concerned by the scope of these powers.

Amendment 3, in the name of the noble Lord, Lord Berkeley, seeks to provide parity with civil enforcement powers applicable to contraventions committed by drivers and riders of motor vehicles. The power to impose civil penalties through pedicab regulations is explicitly tied to offences under Clause 3(1). These are not motoring offences; they relate to the provision of false or misleading information in connection with licences and the failure to comply with requirements, prohibitions and restrictions imposed by pedicab regulations. We therefore consider this amendment unnecessary.

I will address Amendments 39 and 49 together, which have again been tabled by the noble Lord, Lord Berkeley. These seek to place limitations on the immobilisation and seizure of pedicabs by making equivalent provisions to those relating to motor vehicles under Section 59 of the Police Reform Act 2002. This would amend Clause 3(6), which is intended to provide Transport for London with flexibility in designing pedicab regulations. The ability to immobilise, seize, retain and dispose of pedicabs that are illegal, or used illegally, and to target rogue operators will help establish a more sustainable and reputable pedicab industry in London. Limiting Transport for London’s powers in the manner proposed in this amendment could potentially remove the possibility of pedicabs that are not roadworthy, unsafe or are being used consistently in contravention of the regulations, being removed from London’s streets. However, the powers under Clause 3(6), are subject to safeguards in the Bill.

[Lord Berkeley (Lab)]

I hear what the Minister says about the impounding of pedicabs and things like that. It may be quite necessary and justified. Are there similar powers available now in respect of TfL and taxis? It should be proportionate, should it not?

[Lord Davies of Gower (Con)]

I hear what the noble Lord says, but I am not sure that it should be proportionate. If he is concerned about the powers, I was going on to say that the powers under Clause 3(6) are subject to safeguards in the Bill. They are achieved by Clause 4(3), which provides a right to request that a decision to immobilise, seize, retain, and dispose of a pedicab is reconsidered and a right to appeal the decision at a magistrates’ court. I also note that the Bill paves the way for a separate pedicab licensing regime. The intention of this amendment to make equivalent provision to powers to immobilise and seize vehicles under another regime is therefore not likely to be the most appropriate course of action.

Amendment 49 is consequential to Amendment 39, and I have addressed that in my remarks.

I will now move to Amendment 40, the final amendment of this group and the last one that I will address in Committee. It is in the name of my noble friend Lord Blencathra and seeks to expand the list of bodies that could exercise powers contained under Clause 3(6). As I have set out, this subsection contains an important power in the suite of enforcement tools that will be available through pedicab regulations. Transport for London has been clear that it will work with the Metropolitan Police and London boroughs to conduct enforcement. Powers contained in the Bill already allow Transport for London to confer functions on to other authorities, as it deems necessary, to support an effective enforcement regime.

That draws my remarks to a close. I thank noble Lords for taking the time to discuss the Bill today. The diligence that the Committee has shown has allowed for a thorough examination of the Bill and its purpose. I am grateful for this and look forward to continuing to discuss the Bill with noble Lords during its parliamentary passage.

[Lord Davies of Gower (Con)]

I understand the noble Lord’s concern. It is something that we will discuss back in the department, but whether it will change is another matter.

[Lord Berkeley (Lab)]

I am grateful to all noble Lords who have spoken on this fifth group of amendments. We have had some very useful discussions and I shall read Hansard with great interest tomorrow. We will see whether we come back on this on Report or have some further meetings. I am sure that the Minister will be open to meetings—he has already said he would be. On that basis, I beg leave to withdraw this amendment.

Amendment 28 withdrawn.

Merchant Shipping (Counting and Registration of Persons on board Passenger Ships) (Amendment) Regulations 2023

Lord Berkeley Excerpts

Monday 4th December 2023 Lords Chamber

Moved by

[Lord Berkeley]

That this House welcomes the contribution to passenger safety made by the Merchant Shipping (Counting and Registration of Persons on board Passenger Ships) (Amendment) Regulations 2023 but regrets the delay in the introduction of the regulations and that they do not cover passengers travelling on non-passenger ships.

Relevant document: 49th Report from the Secondary Legislation Scrutiny Committee, Session 2022-23.

[Lord Berkeley (Lab)]

My Lords, I am pleased to move this Motion to Regret tonight. Effectively, I am trying to probe some of the issues that are raised in these draft regulations. I must say to start with that I support everything that is in them, because they have very serious and helpful safety implications.

I suppose my first question for the Minister is the usual one with such regulations. Why has it taken 24 years from the original 1999 regulations for this new draft to be brought before your Lordships’ House?

I think it is really important that there is a requirement to record the number and details of the passengers on passenger ships, both going around the UK or going to or from the UK, but I have a number of questions on the way these regulations are drafted. It may be because I am too stupid to understand them, but it may be that other people share that concern, and I shall be pleased to hear the Minister’s answers.

My first question, which also applies to the regulations of 24 years ago, is why these regulations appear to apply only to passenger ships? Many people go on journeys in freight ships; sometimes they are long, probably going internationally, and sometimes they are around the coast. I rather too regularly use a freight ship that goes from the Isles of Scilly to Penzance, which is beyond 20 miles and so comes within that limit. It is a freight ship, and it is quite good for taking freight. It is not particularly comfortable, but it will take up to 12 passengers—and of course the number 12 is quite critical for many other safety rules. I think it has seats for about six, and it is very nice that, when the crew are having a good fry-up on their four or five-hour journey, they will not make you a cup of tea either.

That is irrelevant, but what appears odd is that there seems to be no requirement of the operator to report who the passengers are. In other words, if something happens to that ship and we all drown, I do not know how the authorities will know who we are. If it had been a passenger ship, the names would have gone to the coastguards or wherever, which would have helped with identifying the bodies and everybody else. I hope none of that happens, but it seems extraordinary to me that, on a freight ship, the operator apparently does not have to do report who is on it and their names and addresses.

I suppose the biggest question I have concerns Regulation 9, on “exemptions”. I am not quite sure what “exemptions” means. Again, I may just be being ignorant and stupid, but are they exemptions from actual reporting or exemptions relating to how you report? We are moving into the electronic age, and it is quite right that the quicker the passenger list can be transmitted off the ship, the faster the ship can leave, which is a good thing. But it is a bit odd that, having brought in these regulations, we have so many exemptions, which means that, basically, anybody can be given an exemption.

Regulation 9(2) says that

“the Secretary of State may exempt any passenger ship … if the scheduled voyages of such ship, class of ship or group of ships render it impracticable for that ship, class of ship or group of ships, to comply with those requirements”.

I cannot see what circumstances would prevent the master or owner of the ship telling the coastguard who is on the ship and giving their names and addresses; they will have provided them before they get on the ship. Maybe the Minister can help me with that. If these exemptions are important, the whole point of this regulation is almost lost. If there are so many ways that the Minister can wriggle out of it, for good or bad reasons, what is the point of it?

In its 49th report, the Secondary Legislation Scrutiny Committee, in answer to question 4, has a good list of comments. It says that the restrictions came from the original directive, and that:

“The exemption provisions were complex and restricted the scope of the exemption power to just certain vessels on certain types of routes with restrictive conditions”.


It goes on to say that, basically, the Secretary of State can decide to change whatever these restrictions are. Question 5 asks:

“What makes it ‘impractical for the shipowner to comply?’”


The Minister’s answer is:

“This would depend on the circumstances … on a case-by-case basis”.


I know a lot of work has gone into this document and I am sure it is very good overall, but whether shipowners and skippers understand what they have to do, and whether it was worth all the effort, I am not sure. Can the Minister perhaps explain to a landlubber like me what it is all about, why it is so important and who can wriggle out of giving him any information? I beg to move.

[Lord Greenway (CB)]

I am grateful to the noble Lord, Lord Berkeley, for allowing us to discuss these regulations. Before I go further, I would like to welcome the Minister to his new maritime role. He has a steep learning curve, and I can only wish him well.

We are moving more and more to computers, left, right and centre; everything is computerised. In a way that is a good thing and I welcome it, but we all know that computers go wrong so I am slightly worried that systems that are meant to work will not always do so. What is the back-up position if that happens?

--- Later in debate ---

I am conscious that perhaps not all the technical points have been answered. As I said at the outset, I shall respond to them in writing. I hope that noble Lords agree that these regulations are important to ensure a sensible approach that combines safety and pragmatism for UK passenger ship operators. The requirements do not need to apply to non-passenger ships, as operators can make their own appropriate arrangements for the very small numbers of passengers that may be carried on those vessels.

[Lord Berkeley (Lab)]

My Lords, I am grateful to the Minister for his comprehensive reply. He is new to the post, and I think that he has tried very hard and given us some good answers. I am very grateful to other noble Lords who have contributed to this very short debate. I look forward to the Minister’s answers in writing in due course.

However, I have one question on the issue of passengers on freight ships. The Minister said that on non-passenger vessels the company—the skipper, presumably—holds all the details of the passengers. Sadly, ships do sink, as the noble Baroness said earlier. The last one that I recall is a car-carrying ship that sank off the Netherlands; it set itself on fire and it sank. I do not think that there were any casualties, but there could have been. There is not much point, if a ship sinks, of all the records going down with it. This is not so much to do with this particular instrument—it is outwith its scope, I think—but the Government might want to look at the fact that it is an international agreement that you do not have to keep the information about people somewhere other than on the ship. Perhaps the Minister could put that in his letter when he replies. On that basis, I beg leave to withdraw the Motion.

Motion withdrawn.

Automated Vehicles Bill [HL]

Lord Berkeley Excerpts

2nd reading
Tuesday 28th November 2023 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, it gives me pleasure to take part in this debate and I declare an interest as a member of the all-party AV group. I am also grateful for so many members of the industry who came and briefed us last week. We also need to thank the House of Lords Library, which has produced a comprehensive summary of the issues, and of course the Law Commission, which has spent four years looking at it. I think it is a really good Bill and it is going to help us a lot, as many noble Lords have told us.

It will be good for the concept of who is in charge. I like this idea of a user-in-charge; that is a really important issue. But, given the fact that the Bill has, I think, 77 clauses, it is going to take some studying when we get to Committee. One of the issues is going to be, as one or two noble Lords have said, the question of interfaces between when you are on automatic mode, if I can call it that; when you are not on that; where you are when it happens and who else gets involved, or should not do. The noble Lord, Lord Cameron, talked about the importance of having some self-drive capability, especially in the country, and he is absolutely right. To some extent, we could be using scooters or electric bikes—self-drive cars probably have a benefit of being more weather-resistant than my electric scooter, my electric bike or anything else—but the idea of individual transport is something we seem to have talked about a lot at the moment. It has to be good for everyone, efficient, convenient and a good investment.

I would like to spend a few minutes talking about safety. As the Minister said in his excellent introduction, safety is very important. But, like all things that are mechanical, when they come into contact with pedestrians, cyclists or other non-motorised users, the safety debate gets a little bit unfair. The AVs will probably be better than humans at avoiding collisions with other motor vehicles, but when it comes to humans on the road, or cyclists or whatever, there are a few questions we need to address. I was impressed by the background briefing that noble Lords will have received for the King’s Speech quite recently, which set out the requirements that came from the Law Commission:

“Only vehicles that can drive themselves safely and can follow all road traffic rules without the need for a human to monitor or control the vehicle … will be classified as self-driving and allowed on our roads”.


It carries on to say:

“Companies will have to meet safety requirements from the point a vehicle is introduced onto our roads or face new sanctions and penalties”.


We then come to the definition of what is safe: what are the safety principles that the Minister mentioned? We are told that road safety in Great Britain is better as a result of the use of authorised automatic vehicles on roads than it would otherwise be. I challenge that. This country’s road safety record is a lot worse than many other countries’. I am sure we will go into this in Committee. It is worse than Sweden, which had a target about 10 years ago of not having any road deaths at all in a year. It has not got there, but it is still better than us.

We have to get this safety rule better defined somehow. I am sure I shall have some amendments when we come to it. It is also a question of where we do it. If one is driving up a motorway, or your vehicle is, that is probably quite a good place to start the trial because there would be no pedestrians or cyclists, we hope, on the motorway. I expect that is one of the things that went quite well in the United States until recently. But when you get to narrow roads—maybe in the village that the noble Lord, Lord Cameron, mentioned; I do not know—or to towns and cities, it will get much more difficult. I will not read out my definition of safety now because that will come in Committee, but we can do a great deal better and have a target of making our road safety even better than it is at the moment.

On regulation, or how this will be policed and enforced, I recall proposing an amendment to some transport Bill a long time ago that suggested that the Office of Rail and Road should be responsible for road safety as well as rail safety. It does a good job on rail safety, as we all know, but it is not allowed to do much on road safety because that is thought to be the role of either the Department for Transport or the police. The ORR has a technical expertise that is well worth looking at. It would be quite nice if we had a consistent structure between these various transport modes—I include air as well as rail, road and sea—so that we have a safety regulator and, separately, an accident investigation branch that also does a blame-free investigation. We have a lot to learn, and it would be really good to bring in a bit of consistency.

Finally, I ask the Minister how this Bill and what we aim to do compares with what has happened on the continent in France, Belgium, Germany, Italy, Spain or wherever. Are we ahead or behind? If I want to drive my car to France, will it work on AV mode there or do we have a long way to go? I look forward to his comments and to this Bill’s passage through the House.

Mopeds, Motorcycles and Powered Light Vehicle Industry

Lord Berkeley Excerpts

Thursday 23rd November 2023 Grand Committee

[Lord Berkeley (Lab)]

My Lords, I am pleased to be able to contribute to this short debate and congratulate the noble Baroness on achieving it. We seem to spend a lot of time talking about this subject in the round at the moment. The noble Baroness and the noble Lord, Lord Moylan, also expanded on the complexity and the different types. There is the generic type, which is probably “a wheeled vehicle”, although I am not sure about that. However, there are more and more of them; we had a very interesting debate on pedicabs last night, and some of us thought that that legislation should be extended to scooters for various reasons that I will not get into now.

The important thing is that the Government, when looking at all these different types of transport and the regulations that inevitably go with them, do so on a consistent basis. As the noble Lord, Lord Moylan, said, some of that is to do with net zero, but some of it is also to do with things such as safety, which is in the title of the debate, and sustainability. You could add things such as parking, the electric power, regulation and what these vehicles are used for. We have talked about different types of motorbike today: there are big ones and small ones, and some noble Lords will say that some of them are hated by people and others are loved. However, they may also be hauling trailers taking kids to school. They may be doing all kinds of different things. The legislation must somehow cover all that.

One issue has not come up so far, which is the question of lithium-ion battery fires. I have been studying quite a lot of them in relation to fires on ships, which are a much bigger problem because obviously the vehicles are bigger. They have a habit of setting themselves on fire. That can apply to motorbikes or whatever we are going to call them, and to electric bikes, cars and everything else. All that needs looking at because it is a terribly important safety element.

The other issue which the noble Baroness mentioned was the consultation that has been going on for these L-category vehicles. I hope that when the Minister responds he will be able to tell us when we are likely to get some answers on that because we need them. I was, frankly, surprised at the Prime Minister’s statement on the delay in phasing out petrol and diesel cars. It is interesting that the Financial Times reports today that the Office for Budget Responsibility says that the take-up of EV cars has slowed, which it appears is the result of that delay, although we know that they are expensive. Clearly, the Prime Minister does not really mind too much about where they are manufactured and how many are manufactured, but he cares about people who want to go around in 4x4s emitting a maximum amount of pollution. We need to look at all these things in the round.

I remember, probably before most noble Lords were even in this House, moving an amendment to some Bill suggesting that 4x4s were the most unsafe vehicle if you were to hit a child outside. They are very safe inside for little Johnny but if you are going to hit somebody outside, they are very unsafe. Therefore I suggested that 4x4s should be banned for one mile around schools during the school-run period. Of course, the Government did not like that. Is that surprising? We love the cars and nothing else.

It is important to take into consideration the special circumstances of the motorcycle industry—it is a very wide industry; my electric bike could well have been built within it—and for the Government to get the staging of net zero and any other regulation that goes along with it into a proper sequence. We will talk about automatic vehicles next week, and there is the same problem there. Given the whole-life effect, as the noble Baroness said, and the involvement of cars, vans, trailers and everything, there needs to be a consistent and comprehensive policy. Does the Minister agree? If so, when will the Government produce one?

Pedicabs (London) Bill [HL]

Lord Berkeley Excerpts

2nd reading
Wednesday 22nd November 2023 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, I welcome the Bill. I am a cyclist, an occasional electric scooter user and of course a pedestrian, and it is certainly needed. I have been in a pedicab too. I do not know how many other noble Lords have been in pedicabs. I do not see many hands going up around the Chamber, but they are actually quite fun when they are driven safely. However, they are just one kind of personal transport that we use, and I hope will continue to use, and they must be safe, they must be reliable and they must of course not upset other road users and transport users to a great extent. We can discuss how upset people get, I am sure.

One issue that needs addressing at the start of the Bill is the definition of a pedicab. We see a lot of freight pedicabs going around these days, but they are excluded from the Bill in Clause 1(2) as long as they have only one driver and nobody is paying to sit on the pillion, if you can call it that.

We must try to make sure that this legislation applies to future trends in transport that we are seeing. Can the Minister explain why we do not yet have any legislation on electric scooters or electric bikes—on where and how you use them, where you park them and whether the batteries catch fire when you just look at them, as happens occasionally? I have a Brompton electric bike and was excluded from One Great George Street last week. I am a member of the Institution of Civil Engineers, which owns that building, but was told, “You can’t bring your battery in here; you have to leave it outside”. I said, “You can leave it outside and bring it back for me”. “No, you leave it outside or carry it with you into reception.” If I went into reception with the Minister there, carrying my battery which is likely to catch fire, is it a good thing that the Minister catches fire as well? It is a crazy solution. It has been changed now, but there need to be some rules on this. Brompton has them, but others do not. I am very sorry that there is nothing in the Bill about that.

I welcome the Bill, but we must be careful that we do not allow TfL, in its present state and management— I have no worries about it, as it does very well—to avoid having pedicabs around at all, as there are similar arrangements in cities around the country which you get the feeling are making regulations to do that. I accept that they charge unsuspecting tourists, get in the way and park in the wrong places, et cetera, but in future people may well use them just for personal transport, if they feel like it. It is an option. Just as we are now quite rightly not supposed to park electric bikes in the wrong places in London, it is quite right that there should be rules not to park pedicabs in the wrong places. That is a good thing, provided that it is not a regulation dreamed up by the taxi industry to avoid competition. I am sure that noble Lords feel it is important that competition in moving around any city is fair and that there are regulations as necessary. I hope we can look at this in Committee to make sure that the Bill complies with that.

It concerns me that something is missing from the Bill. What is its objective and purpose? It is a new regulatory framework that is not very different from what we have in other cities, and the regulations do not look onerous. Some of them, particularly on charging, certainly need bringing in, but we also have to make sure that it is proportionate. I hope the Minister will consider something along the lines of an objective for the Bill and the regulations, such that we have responsible operators and try to weed out the irresponsible ones while making things proportionate to what is used in other countries and current taxi regulations. This is a really good opportunity, although lots of things are missing, as I said earlier.

The only other issue which we need to look at is the limits of where these things can operate. Presumably, it will be within the whole TfL area, which one would assume is reasonable, but where can we park them? When I look for somewhere to park round here, my hired electric bike has nice dials on the handlebars which tell me where I cannot park—that includes, of course, outside your Lordships’ House, which is a bit irritating but probably a good idea. Then I go down Millbank, to a place where “P” comes up on the bike to tell me that I can park there. People want to be able to park these bikes as close as possible to where they want to go and have them available. We need to look at where they can be parked convenient to those who want to use them—not just tourists but others as well. I hope that this comes into some of the objectives.

As for the rules on who can drive them, Clause 2(9), which says that regulations may impose requirements on drivers or operators, is very important because some of them are, shall we say, not very good at the moment.

Overall, if we examine this in Committee, as I am sure we will, it will be a really good Bill. I hope that, when the Minister replies, he will agree to look at the issue of objectives and at making sure that we can balance the rights and responsibilities of drivers and pedestrians with what may be proposed, and that if someone who hates the things is appointed to TfL, there is no opportunity for them to cancel them completely, which would be a shame. I am sure that is not the Government’s objective, but with a future Government in a few years’ time, who knows what can happen. I am sure it would not be done under a Labour Government —we love pedicabs—but it is just something to add. I am very pleased to support the Bill.