Motor Vehicles (Driving Licences) (Amendment) (No. 5) Regulations 2021

Lord Berkeley Excerpts

Tuesday 14th December 2021 Grand Committee

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

My Lords, this statutory instrument is the Motor Vehicles (Driving Licences) (Amendment) (No. 5) Regulations 2021. Together with the Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2021 and the Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2021, which follows the negative procedure, these SIs are key parts of 32 measures that the Government are taking to address the current shortage of heavy goods vehicle, or HGV, drivers.

It gives me no pleasure to introduce these regulations to the Committee once again. Noble Lords will recall that they were originally laid under a slightly different name, and I shall call the original regulations the “No. 2 regulations”; they were laid on 16 September 2021. They were debated in some detail on 9 November, but they were not approved in both Houses in time to come into force on 15 November 2021, as set out in the SI. Since affirmative statutory instruments cannot be amended once laid in draft, we decided to re-lay substantially the same regulations afresh, which I shall call the “No. 5 regulations”. The No. 5 regulations replicate the No. 2 regulations already debated in your Lordships’ House, save for an updated title and coming into force provision.

I shall provide a bit of a reminder about the context, which has slightly fallen out of the media in recent weeks. The haulage sector has been experiencing an acute shortage of HGV drivers worldwide for some time. It has affected the industry for many years, but it has been further exacerbated by the coronavirus pandemic, which meant that driver testing had to be suspended for much of last year. During this time, the shortage increased further, as new drivers could not join the industry to replace those retiring or leaving. The shortage of HGV drivers affects the supply chains of not only fresh food but fuel, medicines and medical equipment across Great Britain.

I would like to acknowledge the publication of the Secondary Legislation Scrutiny Committee’s 23rd report last Thursday, which drew special attention to these regulations. I thank the committee for its hard work and continued scrutiny of these and other regulations. As the report highlighted, the impact assessments were not available at the time when the instruments were to be scrutinised by your Lordships’ House, and I offer my sincere apologies to noble Lords for this. I hope noble Lords understand that we were, and are, working at pace to deliver government interventions, including regulatory change, which could alleviate the HGV driver shortage problem, but I recognise the committee’s concern that the impact assessment was not able to be provided. I reassure all noble Lords that the Department for Transport takes very seriously its responsibilities with regard to evidence-based policy-making. I am pleased to report that the impact assessment has now been submitted to the Regulatory Policy Committee for its scrutiny.

I turn very briefly to the content of the SI. The overall aim of the No. 5 regulations 2021 is to increase the number of HGV drivers within Great Britain by increasing the number of test slots available to drivers wishing to pass a HGV driver test, while maintaining road safety standards. The regulations will remove the requirement for drivers who hold a category B licence—namely, for driving a car—to take a separate car and trailer—a category B+E—test before they can drive a vehicle combination in that class. Instead, category B+E entitlement will be automatically granted to car drivers and backdated to all valid category B car licences that have been obtained since 1 January 1997. I note that licences obtained before that date already have the entitlement to tow a heavier trailer, and that a licence is needed only for trailers over a specific weight, not for any trailer at all. Removing this test frees up about 2,400 more tests each month that can be allocated to those wishing to take an HGV driving test, which in turn will help ease the driver shortage. We know that these tests are being taken up by would-be HGV drivers.

The public consultation, which ran from 10 August to 7 September, showed support for the change, with 75% of people responding positively to the removal of the trailer test.

Road safety is, of course, of the utmost importance, and I understand why road safety concerns have been raised. Theory and practical training will continue to be recommended to help maintain driver safety on the roads. An accreditation scheme is being developed, with help from the trailer industry and training providers. This accreditation scheme will provide voluntary training opportunities for car drivers wishing to tow a trailer not only of a size that would previously have required a licence but of any size for either recreational or business use. It will also include training on trailer maintenance and other areas not previously specifically covered by the test. Essentially, training will improve.

My officials have met the trailer and towing safety advisory group to develop the outline of the scheme and to consider core modules that would be applicable to all drivers who tow, as well as sector-specific modules. These might cover activities such as safely managing livestock or breakdown recovery towing. We are also already working with trainers and those in the leisure and business sectors to develop the training package and, together with these groups and the police, will identify the additional data needed to monitor towing standards effectively.

The scheme is planned to launch early next year. We will recommend that all drivers wishing to tow a trailer of any size undertake training to safely tow and manage them. We will encourage drivers through our existing campaigns and via our work with a wide range of stakeholders, including leisure and towing groups. We have committed to review the legislation at regular intervals, initially after three years have passed and thereafter at five-year intervals. The impact assessment will be published early in the new year. Our commitment to reviewing the legislation after three years is earlier than the standard five.

As I noted previously, many drivers already have grandfather rights—about 16 million drivers who passed their driving test before 1 January 1997 can already drive a car with a heavier trailer without having to take a separate test. This change affords that same entitlement to drivers who passed their test after 1997. Furthermore, all car licence holders already have the right to tow smaller trailers. We will of course be encouraging all those who are new to towing, of any size of trailer, whether or not they would have previously had to take a test, to take up training.

We should be proud that the UK has some of the safest roads in the world. I reassure noble Lords that our support for the #towsafe4freddie campaign will continue, and we will draw attention to the importance of motorists doing safety checks of their trailer whenever they are towing.

The removal of the separate test for car drivers wishing to tow a trailer or caravan frees up 30,000 vocational test slots annually. This equates to an additional 550 tests per week, or a 37% increase in weekly tests, relative to pre-pandemic levels. This is a significant increase in available capacity. Furthermore, thanks to the great efforts of DVLA staff, the backlog of 55,000 driving licence applications for HGV drivers has been eliminated, and these are now being processed within the normal turnaround times of five working days.

These regulations are just one of the 32 interventions that the Government are putting in place to tackle this issue to help reduce the strain on our national supply chains, which is affecting every aspect of our daily lives. I commend the regulations to the Committee.

[Lord Berkeley (Lab)]

My Lords, I am grateful to the Minister for introducing yet another set of regulations, which we seem to have debated quite frequently over the last few months, as she said. They give me the opportunity to reflect, now that Covid-19 has been with us for the best part of two years, that the delays in DVSA activity seem to have been going on for that length of time. There are still reports of people being very delayed in getting driving licences back, which I know is not the same thing, but I sometimes question whether the DVSA is fit for purpose and whether it perhaps needs a major upgrade of its IT system or something like that so that it works well. I have never had a problem applying online—other people might do—but when I saw recent press reports about some excessive delays of many weeks I began to wonder.

It is still odd that we think that we can get people to pass a test to drive HGVs or other vehicles without reversing when it is such an inherent part of the HGV operation, in particular with semi-trailers. I tried to do it myself under supervision about 10 years ago—not on a highway, I hasten to add—and it was very difficult, probably because I am thick and stupid. You could argue that it does not really matter because most reversing will take place on private property, so if anybody has an accident then the Department for Transport is not affected in any way, but it is quite important that people should be able to reverse. The Minister said that this change would provide 2,400 more tests a month. I do not know how many that is as a proportion of the total number of tests a year, but how much money and time are saved by not reversing? It would be an interesting statistic, which she might or might not have.

There comes a time when you begin to reflect that tests are getting easier and easier. You could argue that you do not need tests at all. How many more people would get killed on the roads if there were no tests? That is a very stupid question and I do not expect a sensible answer from the Minister, but it is questionable how much drivers need to learn and know before they drive these very large 40-tonne trucks around. I worry that being unable to reverse might just make it difficult.

Driving around Cornwall, as I do occasionally, you meet a lot of people in cars who are obviously strangers, especially in the summer. Obviously, one of you has to reverse when you meet them on a narrow road. An enormous proportion of the people you meet who are not local cannot actually reverse their car. There are no trailers attached to them; it is just their car. On many occasions, friends of mine say to the other driver, “Why don’t you get out and I’ll reverse it for you?” It works, but I am not sure it is a way to go forward.

We will see what happens with this, and I trust that there will be no increase in accidents and no problems with it. It also comes with the safety checks that the Minister mentioned. One of the safety checks that clearly does not happen very often, as we debated last night, relates to the height of lorries when they hit bridges. We had a good debate. Sadly, it took place before the noble Baroness, Lady Randerson, my noble friend Lord Faulkner of Worcester and I had a very helpful meeting with Network Rail today. One suggestion came under the category of driving tests, which is why I mention it now. Perhaps the Minister could look into it. When you do a driving test for an HGV there are various modules, some compulsory and some optional. One of the optional modules is on how not to bash your lorry against a bridge. It seems a bit odd that in this country that should be optional. When the next round of regulations comes to us on things like this, I wonder whether the Minister could look at making that bridge-bashing module into an obligation. There are many other solutions, which we can talk about on another occasion, but that one would be quite easy to do.

Extraordinary Funding and Financing Agreement for Transport for London

Lord Berkeley Excerpts

Thursday 9th December 2021 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, the debate so far has been very interesting, but it all started because the income that TfL gets from its passengers has gone down due to Covid. There is no argument about that. What is worrying is that it has affected TfL much more than it has transport in other cities. London First has said that 70% of TfL’s income in London comes from fares, compared with 38% for authorities in New York and Paris, so it is much more reliant on fares. As noble Lords have said, there is not a lot that we can do about it at the moment.

This has got worse because we have many more people using public transport in London than in other cities—about three times as many. However, it is worse than that because, so far, London has been given about three times the income per head of population than other cities in this country have been given. What comes out of this debate and the comments made is the question of who is in charge, and of devolution. Many noble Lords have criticised the present mayor; I could criticise the previous one, who did one good thing in producing more bus lanes but did many other things that I could criticise heavily. We criticise them but, after all, the mayors are elected.

The Government are now saying that there will be more devolution, particularly for transport in the north and the Midlands—we can debate another day whether it is the northern powerhouse or something else—but if these organisations, including TfL, are elected or come about as the result of an election, we have to allow them to get on and win or fail, depending on what the electors think.

What really got me about this debate was the letter from the Secretary of State for Transport to the mayor, dated 1 June this year. It set out six months of settlement and was 20 pages long, with enormous detail about how many driverless trains there should be and all sorts of other things. I will not go through it now, but does a mayor really need a 20-page document with a lifespan of just six months—it will run out tomorrow—telling him in detail exactly what to do for an authority that is supposed to be devolved?

I do not know what the Government are going to do to sort this one out—noble Lords have given them many ideas; I have a few myself, although I will not come on to them today—but this is the kind of thing that northern cities, such as Manchester and Leeds, will want from devolution. They will want someone to say, “Right, here is your scope of work. This is the amount of money you’re going to get—now get on with it.” But that is not what is happening up there at the moment; it certainly is not happening in London, either.

I hope that, when she responds, the Minister will say, “We do believe in devolution. We are going to let go and, in the end, let the electors decide who is doing well and who is doing less well.”

Electric Vehicles (Smart Charge Points) Regulations 2021

Lord Berkeley Excerpts

Monday 6th December 2021 Lords Chamber

Moved by

[Lord Berkeley]

At end insert, “but that this House regrets that the draft Regulations fail to include a requirement for all charging points to be fully interoperable”.

[Lord Berkeley (Lab)]

My Lords, I am grateful for the opportunity to speak briefly to my amendment to the Motion. I apologise that it was not put down when the regulations were debated in Grand Committee, so I will be as brief as I can. First, I welcome these regulations. My view is that they do not go far enough, but they are a very good start.

The key in my amendment to the Motion is that there needs to be more said and done to promote interoperability. Paragraph 7.6 of the Explanatory Memorandum states:

“This instrument makes clear that a charge point should not introduce a new barrier to switching by being designed to lose its smart functionality when its owner changes supplier.”


That is very good, but it does not go far enough. In the debate in Grand Committee, the noble Baroness, Lady Randerson, and my noble friend Lord Rosser made some excellent points about interoperability and the Minister gave some good answers, but my concern is that electric vehicle use will not take off until there is full interoperability of the system, which I shall come to, and full confidence among users that they will be able to use the electric power supply rather like people use petrol stations now—in other words, they can guarantee that when they go to a supply, they will be able to connect up and get some power.

I have a very small, but I think critical, example of my little village in Cornwall where the parish council has put in two charging points in the car park. This is very important when the nearest petrol station is about 15 miles away. A friend who has an electric car tried to use them but they have been out of order all summer, when everybody goes there. He wrote to the supplier to say that its machines did not work, and the answer was that there was a technical fault. He then discovered from the car park owner—the parish council—that the reason they did not work was that the supplier had not paid the parish council the very small amount of money that it was due to allow the charging points to be placed there. This could be all over the country.

It is a minor detail, but we need to have some comprehensive regulations which cover charging at home, and what is in these excellent regulations, rapid charging, minimum waiting times, sockets on lampposts, facilities for long and short journeys, from wherever you pick them up. The most important thing of all is that one plug and one socket fits all, not like mobile phones at the moment. Will the Minister be able to give some idea about when there will be a comprehensive plan to make electric power for vehicles fully interoperable and fully comprehensive? I am sure she will agree that when that happens it will all take off. I look forward to her comments.

[Baroness McIntosh of Pickering (Con)]

My noble friend will be aware that there are very few charging points across the north of England. There is also still a catastrophic power outage in parts of the north-east of England. Will she reassure the House this afternoon that there are absolutely no plans in the foreseeable future that any public service vehicles, such as buses, ambulances or fire engines, will switch to electric engines any time soon in the north-east of England?

--- Later in debate ---

[Baroness Vere of Norbiton (Con)]

My Lords, I thank all noble Lords who have taken part in this short debate, including the noble Lord, Lord Berkeley, for the opportunity to outline the Government’s position on interoperability. I reassure the noble Lord, Lord Rosser, that the letter is coming his way; it will pick up all the points raised in in that debate and any raised from today’s debate—of course, today, I am focusing on interoperability, but I note comments made by other noble Lords on wider EV infrastructure. They will be aware that the EV infrastructure strategy will be published soon, which will set out the vision and action plan for charging infrastructure rollout, but I am aware that some more specific comments have been made.

There are many different types and forms of EV charge point interoperability, relating to both public and private charge points. Some forms of interoperability are already delivered by the market. For example, most private charge points sold in Great Britain are compatible with all EVs. Work is also under way within government to consider whether further action on interoperability is needed to deliver the best outcomes for consumers.

I turn first to private charge points. These regulations will embed further interoperability by mandating electricity supplier interoperability in law for the first time. This new requirement will ensure that consumers will retain the smart functionality of their charge point. The Government also considered including requirements for charge point operator interoperability in the regulations. This would have required all charge points to be compatible with any operator, but the Government’s view is that this type of interoperability would not be appropriate for such a nascent market. It would not materially affect the consumer experience and would be an unnecessary burden on the industry. Therefore, we are not bringing forward such requirements.

Further work is under way to consider other types of interoperability in the smart energy system, including for private EV charge points. This could include requirements to allow consumers to switch the provider of specific smart charging services. That is another type of interoperability, very similar to that enjoyed, for example, by smartphone users, who can change their mobile network provider without needing to purchase a new device. Crucially, consumers would be able to seek out new deals or better services, but that would not detriment the industry’s ability to innovate and develop new products and services. These are the sorts of things that the Secretary of State for Business aims to consult on in 2022. I have no more specific date today, but, as I said, I will write to the noble Lord, Lord Rosser.

Turning to public charge points, in 2017 we mandated that rapid charge points must have CCS connectors to ensure interoperable charging. There are now only two EV models available to buy in the UK with CHAdeMO sockets, and one of those providers has indicated that future models will provide CCS—96% of rapid chargers come with both connectors.

In addition, in February 2021 we consulted on proposals to ensure that UK charging networks offer seamless consumer experience, and considered a range of different types of interoperability. This includes proposals on payment interoperability, which would mandate a minimum payment method, such as contactless, and explores whether we should intervene to ensure interoperable payment apps. The government response to that consultation on public charge points will be published shortly, with regulations being laid next year.

EV charge point interoperability is a critical policy area for this Government. As I hope to have portrayed today, there is not just one type of interoperability; there are several, some of which the Government are very willing to get involved in; others we will leave to the market. We are committed in our smart charging government response to explore those forms of interoperability, and then we will lay regulations.

[Lord Berkeley (Lab)]

I am very grateful to the Minister for that answer and for the comments of other noble Lords: the noble Baronesses, Lady Deech and Lady Randerson, and my noble friend Lord Rosser. Of course, I am aware that there are many different types of interoperability, but I recall, about 20 years ago, when I—probably like other noble Lords—was travelling around Europe on business, you had to have a bag of about 20 different plugs to plug in your phone, charge it and make the phone work. This will not work unless there is some reaction and force from consumers to have something that is simple and easy-to-use. I wish it well, and I look forward to what the Minister will send to us in the next few months but, on that basis, I beg leave to withdraw the amendment.

Amendment to the Motion withdrawn.

Isles of Scilly: Ships

Lord Berkeley Excerpts

Tuesday 23rd November 2021 Lords Chamber

Asked by

[Lord Berkeley]

To ask Her Majesty’s Government whether their award of £48 million from the Levelling Up Fund to the Council of the Isles of Scilly for the purchase of new ships requires the Council to demonstrate value for money by arranging competitive tenders for the (1) procurement, (2) construction, and (3) operation, of the ships.

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

My Lords, the Council of the Isles of Scilly submitted a full application, which included an economic and a commercial case. The Department for Transport reviewed these documents through a detailed assessment process, including assessing the value-for-money of the application. The process is set out in the fund’s technical and explanatory notes. Officials from the DfT will be writing to the Council of the Isles of Scilly to set out further business-case requirements.

--- Later in debate ---

[Lord Berkeley (Lab)]

My Lords, I am grateful to the Minister for that response. However, she did not say whether the council would be required to go out to tender for the supply of the ships or operating the service. At the moment, the application is to give the Isles of Scilly Steamship Company—the monopoly supplier of services—a free gift of something like £48 million to operate a service, with no conditions. Does she think that is the normal way to conduct public sector financial business?

[Baroness Vere of Norbiton (Con)]

I am pleased to be able to reassure the noble Lord that, of course, the current status of the bid is that it is in its very early stages. As I said, we will be writing to the sponsor setting out further requirements for the business case. By the time this comes for ministerial sign-off, we will have had not only an OBC but also an FBC, and it will be done with the five different businesses cases. That would be normal, according to the Treasury rules. It will be a very rigorous process, during which we will, of course, assess the commercial elements of the bid. The noble Lord should just follow the process carefully; the bid would appreciate his support and guidance in getting it through the government systems.

Temporary Cycle Lanes in London

Lord Berkeley Excerpts

Thursday 4th November 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

Ah, the Royal Borough of Kensington and Chelsea—that well-known hub and hive of interest in cycling. Indeed, it has about 100 miles of road in the borough, but not a metre of cycle lane. But it is the case that the Active Travel Oversight Group, to which my noble friend refers, has discussed the issue of cycle lanes in that particular council. It is also the case that TfL has thus far not provided any active travel funding from the latest settlement to that council.

[Lord Berkeley (Lab)]

My Lords, I congratulate the Minister and TfL on these temporary cycle lanes. As other noble Lords have said, they are really good. Will the Minister confirm that as many of them as possible will be made permanent and that, where there are missing links, which are so important for safe cycling, she will discuss with TfL some cycle routes to link them, which are also safe and will therefore encourage cycling?

[Baroness Vere of Norbiton (Con)]

Of course, we have discussions with TfL on what the network looks like as a whole. It is, of course, the decision of the local borough, in many cases, as to whether it puts a cycle lane in place, and it must consult the local community. But I am pleased to say that the surveys that we have done to date show that twice as many people support increased cycling and walking as oppose it.

Railways: Bridge Strikes

Lord Berkeley Excerpts

Tuesday 7th September 2021 Lords Chamber

Asked by

[Lord Berkeley]

To ask Her Majesty’s Government what plans they have to reduce the risk of vehicles hitting railway bridges in order to improve rail passenger safety and reduce disruption.

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

My Lords, reducing bridge strikes involves interventions from the owners of bridges—usually Network Rail—highways authorities and the owners and operators of vehicles. Network Rail raises driver awareness and offers advice on avoiding low bridges. It has published Prevention of Bridge Strikes: A Good Practice Guide on GOV.UK.

[Lord Berkeley (Lab)]

I am grateful to the noble Baroness for that Answer and I commend the work that Network Rail has done, but my Question arises from an incident in Plymouth, on bank holiday Monday, which closed the west of England line for three days and affected tens of thousands of passengers, when a Tesco lorry hit a bridge. According to Network Rail, 43% of drivers do not know the height of their lorries. That is pretty frightening. According to Network Rail again, there are something like five bridge bashes every day, and clearly there will be occasions when there could be very serious accidents. Will the Minister, in addition to supporting Network Rail’s work, encourage it to claim all the costs from every bridge bash, including the cost of delays to trains, the cost of rebuilding and of course the cost of the delays to passengers? At the moment, it is costing the taxpayer £23 million a year, which seems rather a lot of money.

[Baroness Vere of Norbiton (Con)]

I am not wholly sure where the noble Lord got the figure of £23 million a year, but I would point out that costs are not necessarily met by the taxpayer; it depends on the circumstances. If liability rests with a vehicle driver, the costs will be recovered through insurance, and Network Rail has been successful in recovering large amounts for both infrastructure repair and compensation in the past.

Railways: East Coast Main Line

Lord Berkeley Excerpts

Thursday 15th July 2021 Lords Chamber

[Baroness Vere of Norbiton (Con) [V]]

As my noble friend will know, there will be some service changes. She has outlined what they are, as have many other noble Lords. Other areas will see an increase in services. I reiterate that there is an opportunity to respond to the consultation. I know that my colleague in the department is pressing Network Rail, the train operating companies and our officials very hard to make sure we can retain as much regional connectivity as possible.

[Lord Berkeley (Lab) [V]]

My Lords, following the remarks of my noble friend Lord Rosser, is the Minister aware of the comment from Transport for the North in Rail magazine, which states that the east coast mainline revisions mean that the north-east is losing trains to Leeds, Manchester and Edinburgh in favour of trains to London, and that this does not reflect the levelling-up agenda? Does she agree it is important to focus on the local and regional services, where the demand is greatest?

[Baroness Vere of Norbiton (Con) [V]]

Unfortunately, I did not see that comment, as I do not read Rail magazine; potentially, I should. We have to reach a balance here. We cannot focus on only one type of travel. What we and LNER have tried to do is get the right balance to ensure we are meeting customer demand and providing value for money for the taxpayer.

Merchant Shipping (Cargo Ship) (Bilge Alarm) Regulations 2021

Lord Berkeley Excerpts

Tuesday 13th July 2021 Lords Chamber

Moved by

[Lord Berkeley]

That this House regrets that the Merchant Shipping (Cargo Ship) (Bilge Alarm) Regulations 2021 (SI 2021/592), introduced as a result of the accident involving the ‘Abigail H’ at the port of Heysham in November 2008, have taken over 11 years to be introduced; further regrets that this delay has put at risk the safety of crews of 425 ships of a similar type on the UK Ship Register; and notes that nine similar incidents to those at Heysham had been reported to the Marine and Coastguard Agency since 1996.

Relevant document: 4th Report from the Secondary Legislation Scrutiny Committee

[Lord Berkeley (Lab) [V]]

My Lords, I declare my interest as honorary president of the UK Maritime Pilots Association. I thank the Secondary Legislation Scrutiny Committee for drawing our attention to these regulations.

In moving this Motion, I want to make it quite clear that, of course, I support the Merchant Shipping (Cargo Ship) (Bilge Alarm) Regulations 2021. I shall explain why, but my concern—my regret—is that it has taken over 11 years to introduce these regulations and that the incident was not just a one-off. I believe it is a question of the safety of over 400 ships of a similar type on the UK Ship Register, and nine similar incidents to that which happened at Heysham—which I shall come on to—were reported to the Maritime and Coastguard Agency in the last 25 years. My concern, which I shall explain, is about the delay.

I am sure that noble Lords will have read the excellent Marine Accident Investigation Branch report into this incident from 2009. They will know that four people were asleep on board this dredger, which was tied up to a quay, and that four of the crewmen were suddenly thrown out of their bunk because water had come in and made the vessel unstable. It was a merciful relief that the vessel heeled and tipped towards the quay, which stopped it going further, rather than heeling out the other side, rolling into the deep water and maybe causing loss of life. This is a really serious issue. As the MAIB report said:

“It is unlikely that the mooring lines would have restrained Abigail H if it had rolled away from the quay, and the crew were extremely fortunate to escape without injury.”


As I said, this was not a one-off: it affects over 400 ships around the coast. I have lived for many years in Cornwall next to a small shipyard that builds and repairs fishing boats and other small boats. I have seen their condition: some of them are very good when they come in and some are not so good; some of them are dredgers and some do other small works. It is quite normal for the crews to sleep on board these ships when they are in the water because it obviously saves on their accommodation costs and they can keep an eye on the ship. It is therefore really important that they feel comfortable. They do not want to have water round their toes or for the ship to tip over. The MAIB recommendation is that vessels of more than 24 metres in length and 500 gross tonnes should be fitted with bilge alarms. I have seen ships sink in the port of Fowey just because stopcocks were not closed properly, which is not a good thing to happen.

Why do people sleep on ships? Apart from the safety reasons, and saving money on accommodation onshore, it is also often because they are in tidal work. They cannot go ashore that easily and it is perfectly reasonable for this to happen. The MAIB report was quite clear that it thought the “Abigail H” was in good condition, but noble Lords may know that it is quite difficult to find the source of a leak in such a small ship. If you have to replace the fittings which you think may be wrong, you probably have to take it to a dry dock. That costs money, and many shipowners probably say that they cannot afford it.

I went on to look at what a bilge alarm is. Going on the web and googling “bilge alarm” shows that they are available for £100. I find it incredible that we have been waiting 13 years for some legislation requiring such ships to fit bilge alarms which will cost only £100, plus the fitting costs if you do not do it yourself.

This could have affected over 400 ships with two, three or four people on board and there have been nine similar incidents in the last 25 years. The industry must have been aware of this but, clearly, some of the owners did not think it a very good idea. It is therefore good to have the regulations to install these alarms. My concern is that it has still taken 13 years, and people who operate these ships often think “It’s not going to happen to me”. I have seen that, and it is the way life is.

The other concern is that many people are beginning to feel that the Department for Transport puts maritime issues low on its list of priorities. It runs the railways in minute detail; it gets very involved in air and airports, rightly; it is getting involved in net-zero carbon for many elements of transport but not so much, I think, for UK- registered vessels. I am not sure it has really given seafarers the support they needed during the Covid pandemic.

The Environment Bill, which is going through your Lordships’ House at the moment, says that it covers inshore and offshore regions, but I am not sure how seriously the Government are taking the needs of ships and ferries when it comes to maritime conservation zones, et cetera. I am worried about the minimal budget that the MCA has to do these essential safety and inspection works. I am sure that if this had been an air incident, it would have happened a lot more quickly than in 13 years.

This is a story of a £100 bilge water alarm not being installed. Ministers may say that the crews of the 425 vessels did not die, so there was no hurry. But this is the basic philosophy of the Health and Safety at Work etc. Act 1974 and the subject of safety regulations, which noble Lords are all familiar with. The whole safety culture is based on what the Act says about compliance, to ensure that this never happens. If it costs only £100 for the piece of equipment, why has it taken 13 years?

I shall be interested to hear what the Minister says. I will not divide the House against this regulation, which is very welcome, but I think it is right to draw the attention of the House to such unacceptable delays in requiring a small but essential piece of safety equipment, in the hope that, if this Motion is accepted, it may incentivise the Government to allow more resources for essential safety issues. Even though they are not as high-profile as air and rail, they still affect people. I shall be interested to hear the Minister’s response, but I may wish to seek the opinion of the House.

--- Later in debate ---

[Lord Berkeley (Lab) [V]]

My Lords, I am very grateful to all noble Lords who have spoken in this short debate and of course to the Minister for her response. It has been a very interesting debate—I was really surprised and enthused by some of the comments. The noble Lord, Lord Patten, talked about the voiceless seafarer and admitted that he had not been in the bilges; going into the bilges is not a thing you would want to do unless you really had to. Both he and the noble Baroness, Lady Bennett, talked about the crews and the fact that they need looking after. Many of us thought that they were probably suffering, particularly during Covid.

My noble friend Lord Rooker asked six really excellent questions. I have to say that I do not think the Minister answered many of them, but I am sure she will be writing to him and we will all see copies. However, the delays are still there. The noble Baroness, Lady Randerson, also talked about the delays and mentioned the word “disproportionate”. I think there are many, including in the Department for Transport, who think that this is not that serious: they are small regulations and do not matter very much. I hope I am not right.

My noble friend Lord Rosser also asked a number of questions, including another version of whether this is being done just for administrative convenience. The Minister was interesting in her response, because she said that the guidance on these issues had been published in 2010 and I think she liked to believe that most of the ships involved in this category would have already fitted bilge alarms. If that is the case, and she has not presented any evidence for or against it, why have the Government brought these regulations at all? It has taken 10 years, but if the guidance has forced or encouraged all the shipowners involved to install bilge alarms, why do we need regulations?

My gut feeling is that for ships like this—I have seen quite a few of them—for whatever reason the shipowners do not like doing things they do not have to do. One can understand it. I may have got the price of a bilge alarm of £100 wrong, compared with the Government’s estimate of £2,500—you could probably spend £500,000 on one if you wanted to. The noble Lord, Lord Patten, suggested that there should be online alerts to the MCA, which probably would cost about that, but the point is that, in terms of the cost to the operators, it is not great.

I go back to my noble friend Lord Rooker’s comments about when he was involved in creating the Health and Safety at Work etc. Act, and the ALARP principle—as low as reasonably practicable. I would suggest that installing a bilge alarm, whether for £100 or £2,500, it is certainly something that could be done to comply with the ALARP principle, on which on all our safety regulations, as my noble friend said, have been based.

I am afraid we did not really get an answer from the Minister on why there were so many delays to the legislation. There were lots of them—some caused by Brexit, some international and some domestic. I know of one situation, drawn to my attention by a Cornwall council that wanted to create a new harbour authority there to look after all the little harbours that nobody else owns. It is not big job but it is very important. It has been waiting several years for this to go through, so that it can do things with the harbour to help the local economy.

I am very grateful to all noble Lords who have added to the discussion of these regulations. We need to put more pressure on the Department for Transport and the Government to provide resources—to give the MCA resources—so that we have no more of this. It may affect only a few people. Do they matter much? I believe they all matter, but there is a view that they are just tramp steamers going around the coast and nobody sees them much, compared with an airline or anything else. We have to change the attitude. I am grateful to all noble Lords who have spoken, but I would like to test the opinion of the House on this Motion.

Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2021

Lord Berkeley Excerpts

Thursday 8th July 2021 Grand Committee

[Lord Berkeley (Lab) [V]]

My Lords, I, too, am grateful to the noble Baroness for introducing this draft SI. She tried valiantly to make it intelligible, and she did better than the text of the SI itself, which is, probably of necessity, pretty opaque.

I have been looking at some of the issues in the Explanatory Memorandum and, in particular, paragraphs 6.1 and 6.2. I find it surprising that the amendments, being necessary, were thought of only on 18 December 2020, which was two weeks, including Christmas, before Brexit day. This may not be as important as the measures on importing fresh meat, and everything else, which are still being discussed between the UK and the EU in respect of Northern Ireland, but it does seem to have been completely forgotten. The Minister tried very hard in her explanation to rescue what is probably just about impossible to rescue.

I have one or two questions on the Explanatory Memorandum itself. First, on paragraph 7.5, we noted that no EU or UK regulations apply to Northern Ireland between now and 1 August, I think the Minister said. Does that mean that manufacturers who had been on the ball could have introduced the dirtiest possible emissions in cars, vans and other vehicles during the six to seven months when there have been no regulations, and nobody could do anything about it? Presumably, for that reason, nobody has been fined or even caught.

The Minister mentioned “pooling”, which is mentioned in paragraph 7.10 of the Explanatory Memorandum. It is easy to say that that is a good thing, because overall it will balance out the more polluting with the less polluting vehicles. However, I recall the failure of Volkswagen. The subsequent court cases are still ongoing, because it was alleged to have fiddled the figures on emissions—and one or two other manufacturers are, I suspect, saying, “There but for the grace of God go we”. This seems to be a way out for manufacturers to get away with anything they want. I hope that I am wrong and that the Minister will tell me if I am wrong, because it seems very odd.

That also applies to paragraph 7.16 and the phrase “carve out provision”. To me, a carve-up is something that should not be done but often is done to get away with what you should not get away with. Whether carving out is any different, I do not know, but I am sure that the Minister can explain why that phrase is used and what it means. It seems to me to allow manufacturers and distributers of vehicles—cars and vans in Northern Ireland—to register whatever they like from the present period up to 1 August, which reflects pretty badly on the Government’s arrangements there. On whether it will make any difference to emissions or pollution, I look forward to hearing what the Minister says because, as the noble Lord, Lord Teverson, said, we are looking for much more definitive information than we have at the moment on how we get to zero carbon.

Finally, with this extraordinarily complex but no doubt necessary regulation, what is actually wrong with keeping the EU regulations, even if we change the name so that Europe does not appear in the title? It might be a lot easier.

Historical Railways Estate

Lord Berkeley Excerpts

Monday 5th July 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My noble friend has once again raised the issue of permitted development orders. I restate that they are used only in emergency circumstances. I would just like to remind noble Lords that a couple of decades ago, at the Clifton Hall/Black Harry tunnel in Salford, the shaft collapsed, a house was demolished and the residents were killed in their beds. This is a serious issue we are talking about here: sometimes there are emergency circumstances when permitted development orders are required. But, as I have said, in the majority of cases they are not required, and planning permission is sought and given.

[Lord Berkeley (Lab) [V]]

My Lords, given the concerns noble Lords have raised on this Question, and the fact that the Minister said it is very important that there is local involvement, surely the answer is to require all such changes to these structures to be the subject of a full planning application.

[Baroness Vere of Norbiton (Con)]

Well, I think I have now answered that question three times, but I will give it another go. There is a full planning application except in cases where there is likely to be an emergency.