Pedicabs (London) Bill [HL]

Debate between Lord Berkeley and Baroness McIntosh of Pickering

Monday 11th December 2023 Grand Committee

[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.

Drivers’ Hours, Tachographs, International Road Haulage and Licensing of Operators (Amendment) Regulations 2022

Debate between Lord Berkeley and Baroness McIntosh of Pickering

Tuesday 8th November 2022 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, I am very grateful to the Minister for her comprehensive introduction to this SI. My reason for tabling this amendment is that, when the SI was tabled in July, I came across quite a lot of evidence of a lack of availability of some of the tachographs, lack of information about the costs, and lack of general information and, possibly, training for the people who would have to make this work.

I do, of course, support the regulations, and I congratulate the Government on them, but they have to be workable. Maybe things have moved on since July, but I have a few questions for the Minister which I am sure she will be able to answer. Most of the comments that I heard came from a magazine called Roadway, which comes from the road freight industry. It comments that, since January 2022, the DVSA has changed its approach and is—as the Minister said—enforcing these regulations at the roadside and during operator investigations, which is good. It is interesting that the traffic commissioners are now getting involved, which is also something quite new. Could the Minister say whether there have been any prosecutions yet, and outline how many investigations have been going on?

Secondly, what has the DVSA done to raise awareness of these requirements? I suggest that the Government have an obligation to ensure that these very complex regulations are widely known and understood. Have the drivers been trained to meet these requirements? If they have not, it is not going to work.

Regarding some of the comments in the Explanatory Memorandum, can the Minister give some idea of whether the smart tachographs—version 2—are available, whether they will they fit into all the types of vehicles that they are supposed to fit into, and how much they will cost? If there should be a supply shortage, the whole thing will not work and the Government will get a very bad reputation over it. I assume that the cost of installation is possible. It is often found that some of the bits of equipment that people are required to use do not fit into the vehicle concerned; it also applies to ships, but I will not bring that up today. I know that it is in the future, but light goods vehicles are going to be brought into scope in 2026, which, again, is probably a good thing but will make the equipment more difficult to install.

The next issue—I do not have very many more—relates to what is called triangulation, and cabotage. Paragraph 7.20 of the Explanatory Memorandum refers to

“removing the triangular rights of EU hauliers and the cabotage rights following unladen entry”

into the UK. It says that because this is the same as the reverse on the EU it is probably all right, but is there any intention of trying to renegotiate some of these things? One reads quite often of vehicles, maybe small ones used by theatre clubs or orchestras taking their equipment across when they want to tour many different member states. We have had debates in your Lordships’ House about that, but it is a complex consequence of leaving the EU. It is not a very big problem except for those who suffer it and I hope that the Government will look at that again.

Paragraph 7.22 of the Explanatory Memorandum refers to excluding combined transport. I question why combined transport is excluded, because if the truck happens to be loading or unloading a container from a ship or train that should be included, along with everything else.

Finally, the usual question from me and other noble Lords: if there is going to be a bonfire of EU regulations, are we going to have to go through all this again or will there be a new lot? I am sure the Minister will want to write to me on that, rather than answering today, but I beg to move my amendment.

[Baroness McIntosh of Pickering (Con)]

My Lords, I will briefly raise some points that follow on from what the noble Lord, Lord Berkeley, has said. They were raised by the Secondary Legislation Scrutiny Committee and are just to put my mind at rest.

In particular, on page 16 of its 10th report the committee raised a number of questions in paragraph Q2. The department seems to agree that these questions are causing some concern, and has confirmed that industry raised these concerns. The committee asked:

“What are industry’s concerns, is it the cost of the new equipment or are there supply issues that will make compliance by the deadline set difficult?”


In its answer, the department says that it is both: the cost of the new equipment and meeting the deadline. Can my noble friend the Minister put my mind at rest on whether the cost issue has now been resolved? Given that the department realises that there will be “only a few months” before the supply and installation “into newly registered vehicles”, can she confirm that the deadline will be met, or will the department be fairly flexible and allow them more time in this regard?

The department says:

“If there is a supply issue it would be felt at European level not just in the UK.”


But obviously the House is concerned about how that is to be addressed in this country. I therefore ask for confirmation: how does the department expect to address this issue of supply? Are we perhaps getting a little ahead of ourselves and should the deadline for when they should be fitted be a little more flexible than it has been?

The department says in its concluding paragraph on question 2:

“The Department will work with industry to raise awareness of the new requirement.”


Perhaps my noble friend will be good enough to tell us how that is to be achieved.

Russia (Sanctions) (EU Exit) (Amendment) Regulations 2022

Debate between Lord Berkeley and Baroness McIntosh of Pickering

Thursday 24th February 2022 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

Following on from the noble Viscount, Lord Waverley, I rise briefly to ask my noble friend the Minister a question. The hostilities against Ukraine started with cyberattacks. There have been multiple cyberattacks and ransomware attacks on at least one firm of which I am aware in North Yorkshire, but FatFace and a number of other companies as well. What advice are the Government giving to companies, local authorities and, not least, the infrastructure network—to which the noble Viscount referred—to ensure that we can keep ourselves safe from such cyberattacks at this time?

[Lord Berkeley (Lab)]

My Lords, I will be very brief. Of course I support the comments from my noble friend Lord Foulkes. However, in relation to the Council of Europe, I hope the Government, in doing what they are currently doing—although they need to go a bit faster, as many noble Lords have said—are thinking about an exit strategy. We need one. While we are cutting ourselves off from Russia because we are almost at war, it is still important that the dialogue continues between us. It is also important that we understand the feeling from the people in Ukraine—as well as the people in Russia, as the noble Viscount, Lord Waverley, said. I hope that the Minister will keep the dialogue open as long, and as widely, as he can, because getting out of a war is extremely difficult.

Electric Vehicles (Smart Charge Points) Regulations 2021

Debate between Lord Berkeley and Baroness McIntosh of Pickering

Monday 6th December 2021 Lords Chamber

[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?

Environment Bill

Debate between Lord Berkeley and Baroness McIntosh of Pickering

Committee stage
Wednesday 7th July 2021 Lords Chamber

[Lord Berkeley (Lab) [V]]

My Lords, I am pleased to be able to continue the debate that was adjourned on Monday. In proposing my Amendment 175A, which is to do with blue-green flood-risk management, I follow some excellent speeches on Monday evening, including ones from the noble Lord, Lord Cameron, on nature-based solutions, and the noble Lord, Lord Teverson, on grey water. Alongside blue-green, these solutions are all about the need for an integrated, holistic system of preserving the water supply and dealing with wastewater and storm-water.

It is obvious to say this: rain is valuable and belongs to nobody, but its supply is limited and therefore it needs to be used sparingly. It is sometimes used too much and sometimes used too little. There is too much of it and too little. In the home, as the noble Lord, Lord Teverson, said—and I certainly support his amendment—separating grey water is a great idea. I have also heard that there is more to do because, apparently, some washing machine manufacturers refuse to guarantee machines if rainwater is used. Obviously, you would not use grey water, but it seems to me that rainwater could be used. Why is it not used? It is another source of water, rather than using processed fresh drinking water.

Putting rain into sewers, which then causes overflowing, adds massively to the carbon footprint with pumping and treatment. I spent some time in the last few years wondering why it was necessary for the Thames Tideway Tunnel to be built—not because I did not want the River Thames cleaned up, but because the evidence shows that the water in the Thames meets all the regulations now and, if it were to be started today, the tunnel would be found to not be needed. This is a £5 billion project and what nobody seems to remember or think is that pumping the water from very deep shafts, as they will be when they get to the end, and treating the water, which is mostly either flood-water or river water, creates an enormous carbon footprint. If blue-green had been started and was working by then, this could have all been avoided. Also, of course, it would have created quite a few jobs locally, less skilled than those needed for the tunnelling and all the other work that goes into the Thames Tideway Tunnel. We must always recognise that big contractors love these big jobs—a bit like HS2—and there is often benefit in having smaller work done by possibly less skilled and local workers.

However, that is a slight diversion and I will explain to the Committee a little more about blue-green. It is the idea of keeping as much rainwater as possible out of the sewers. It is quite simple really. There are several ways of doing it. The first one, and the easiest one for many people to understand, is to make sure that the rainwater drains from the roofs of properties and does not go into the sewerage system. It should go into soakaways. Soakaways are suitable in many areas but in other areas maybe they are not.

You can say the same about the run-off from roads, car parks and other hard surfaces. It does not really matter whether they are municipally owned, government-owned or privately owned. It is quite possible—it has been done in a number of cities in the United States—to convert some of these what you might call waterproof surfaces into more absorbent ones and/or build soakaways underneath parks to reduce the peak flows into sewers, so that some of the peak flow goes into what I am calling soakaways. Of course, you carry on by separating the outcomes from these soakaways from the sewage going to sewerage works. The outcome from the soakaways goes into the watercourses and rivers.

This is much easier to do with new builds but one bit of work done in connection with the Thames Tideway Tunnel alternative was to look at the two foul sewers going round, I think¸ London’s Sloane Street, both of which are mixed rainwater and sewage. It would not have been that difficult to convert one into one and one into the other rather than having both having a mix. Retrofitting is also something to be looked at; it would certainly reduce the water rates in existing properties. For new builds, it is obvious. I hope Ministers will look at that with some interest.

One of the other problems which blue-green obviously has, and some of the other solutions may have as well, is the need for so many different bodies to facilitate them—local authorities, obviously, water companies, river authorities, highways authorities, building control, commercial companies, as well as residents. One also needs to look at a way of incentivising people to want to do this. For example, residents might see a reduction in their water or sewerage charges if they accept not putting their rainwater into the sewers. All these things need looking at.

To conclude proposing my amendment and supporting the other two I mentioned, together, we have given the Minister a good package of measures to reduce floods, sewage overflows and carbon footprints, all of which are achievable at not too high a cost, by different means and in different circumstances. In responding to this group, I hope the Minister says that he will take away my amendment and the other two, and come back with one combined proposal to sort out all these issues to the benefit of the environment, water quality, costs and the environmental footprint.

[Baroness McIntosh of Pickering (Con)]

I am delighted to follow the noble Lord, Lord Berkeley. I will speak to Amendments 192, 193 and 194 in my name and say a few words about the amendments in the name of the noble Duke, the Duke of Wellington. I am delighted to support Amendment 175 in the name of the noble Lord, Lord Teverson, which I have co-signed, being an enthusiastic supporter of grey water. Amendment 194A, in the name of my noble friend Lord Caithness, has much to commend it. I think a combination of these amendments will achieve what the Government are trying to do.

I say at the outset that one of the reasons I ask in Amendment 192 for the right to connect to housing developments is that, at the moment, it is not generally recognised that water companies are not statutory consultees on major new developments of 10, 30 or especially more—200 or 300—houses at a time. If the Government are not minded to make them statutory consultees, I hope my noble friend will look at involving local authorities more actively in the drainage and wastewater management plans. I understand that my honourable friend in the other place, Minister Pow, confirmed at the Dispatch Box that all risk management authorities will be required to participate in the drainage and wastewater management plans. I hope my noble friend takes this opportunity to confirm that; otherwise, I might have to bring forward an amendment on it.

I would argue that my Amendments 192, 193 and 194 are supplementary or the other side of the coin to those of the noble Duke, the Duke of Wellington. I would go further, actually; the problem with the noble Duke’s amendments is that the major issue with infrastructure and engineering at the moment is that there is no obvious alternative to storm overflows. Huge investment and disruption would be required, even if no practical issues remained, to provide a solution in the timeframe that everybody would like to see. Closing storm overflows without such alternatives would mean a far greater likelihood of properties and businesses flooding during periods of heavy rainfall. I just recount the visits I have made to, among other parts of the country, my own area of North Yorkshire and Cumbria: it is only when you visit people in the midst of a flood that you see how it affects their health, welfare and well-being. Having sewage in your home through a storm overflow is absolutely disgusting.

The cost estimate for replacing storm overflows is £100 billion and it would probably be much more. I welcome the work being done by the storm overflows taskforce, but could my noble friend put a date on when he thinks there would be any prospect at all of storm overflows being replaced and say what he would like to do in the meantime? Any infrastructure-based solution to replace them would be a massive undertaking in disruption and expense, as I have already set out. We have already spoken, on other parts of the Bill, of the ways that many of us contribute, through wet wipes, cotton buds and other products that trigger blockages.

I am wedded to ending the automatic right to connect, as I have set out in Amendment 192. The Water Industry Act provisions on drainage and surface water are based on Victorian approaches to sewage as a public health, rather than an environmental, risk. This Bill is an opportunity to update that part of the legislation—and not before time. With this amendment, alongside other proposed amendments on overflows, I am calling for a government commitment to review the drainage provisions of the Water Industry Act. With my noble friend Lord Caithness’s amendment on the need to review the Water Industry Act provisions, following these discussions, we could work in great harmony to achieve this together.

Agriculture Bill

Debate between Lord Berkeley and Baroness McIntosh of Pickering

Committee stage & Committee: 4th sitting (Hansard) & Committee: 4th sitting (Hansard): House of Lords
Thursday 16th July 2020 Lords Chamber

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, I lend my support to Amendment 87. I declare my interest as an honorary associate of the British Veterinary Association.

In the 1980s, we had an extensive network of small, family-run, easily accessible abattoirs, then along came an innocuous draft EU directive on slaughterhouses. As an MEP, I took soundings from many in rural communities. We worked very closely with what was then MAFF. Off his own bat, after years of waiting, and in a classic example of gold-plating, an official in MAFF took the opportunity to drive a coach and horses through the abattoir network and close many of the well-functioning, perfectly safe, smaller abattoirs serving the rural communities.

That brought devastating results in the early 1990s and again in the early 2000s, when we experienced BSE and foot and mouth disease. As the noble Lord, Lord Trees, said in moving this amendment, that led to longer journeys for livestock being taken to abattoirs, and potentially the spread of those diseases at that time. The noble Lord quite rightly identified this problem, and as the noble Baroness, Lady Mallalieu, has just said, there are now parts of Scotland, particularly the islands, without abattoirs and completely dependent on mobile abattoirs. That raises costs to the producer, which goes to the heart of the viability of livestock production in the rural areas of the Highlands and Islands and, as the noble Lord, Lord Trees, said, raises serious animal welfare concerns.

We must revert to a better and more extensive network, as we enjoyed before. This network of smaller, family-friendly, easily accessible slaughterhouses should be put in place and Amendment 87 provides the means to do so.

[Lord Berkeley (Lab) [V]]

My Lords, I congratulate the noble Lord, Lord Trees, on this amendment, so ably proposed by him and the two noble Baronesses who have just spoken.

I am no expert on agriculture, but I live in the Isles of Scilly, and I want to give a small example of the need for an abattoir there, which may be similar to the example of Scotland just given by the noble Baroness, Lady McIntosh. There are five inhabited islands in the Isles of Scilly. They all have livestock—cows and often pigs—and they provide some good conservation grazing, overlooked by the Isles of Scilly Wildlife Trust. All the farmers are very much in favour of having an abattoir on the islands and would probably increase the number of cows they have if this were the case.

One problem at the moment is that they go from the off-islands in their trailers in a small freight ship to St Mary’s, and then on to another freight ship to Penzance, which takes about five hours on a good day—it does not travel on a bad day. They may then be trailed as far as Plymouth, which probably takes another five hours or so, and then, as we all know, the animals are rested before being slaughtered. Another problem is that there is an enormous cost to this. Some farmers say that the feedstuffs they have to buy cost three or four times as much as on the mainland.

There is an enormous interest in having a fixed abattoir on St Mary’s. The Duchy of Cornwall, which is the landlord here, has told me that it would be keen to see one built here now that the problems of remote veterinary oversight, as mentioned by the noble Baroness, Lady McIntosh, have been overcome. All the farmers would use it but the problem, of course, is the capital cost. It is expensive and would not be used all the time but, once it was operational, it would wash its face because there is a big demand for local meat here, grown locally. Even when it goes to the mainland and comes back in butchered portions it is very popular—I think it is really good.

My only comment on the amendment itself is that for us in Scilly, “slaughtering” would need to include a cutting room and butchery. They may need to be part of it. Again, I am no expert on this; some other noble Lords who have spoken, or the Minister, may be able to put me right. But if we are going to slaughter the animals here on this island—or, I suggest, in other remote areas in the Scottish islands or parts of the mainland—we need to butcher and prepare them, and then be able to sell them locally. That would be really beneficial to the local economy at this time, when many hill farmers and remote farmers are very concerned about what will happen after Brexit.

When the Minister comes to wind up, I hope that he will either agree to this amendment or invite us to a meeting or two and come up with his own suggestions on this small but very serious problem. It could enable the hill farmers and island farmers—and probably remote farmers in Cornwall as well—to survive and prosper, using local and rare breeds on occasions, along with many other benefits of local delivery. I fully support the amendment.

High Speed Rail (West Midlands-Crewe) Bill

Debate between Lord Berkeley and Baroness McIntosh of Pickering

Thursday 5th March 2020 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, I offer a few words of congratulation to the noble Lords appointed to this committee. With previous Select Committees, the House of Lords has really done very well in listening to petitions and coming up with recommendations. It is particularly important for this phase, which is much shorter than the first one. I hope that noble Lords, when they consider the petitions, will listen not only to the promoters but to the petitioners, because many of the issues are particularly dear to me as a civil engineer. They are to do with ground settlement, how many lorries are needed to move spoil through villages and things such as that. As the committee will know, the Prime Minister, in his Statement two or three weeks ago that set the project in train, was critical of some of the work done by HS2. So my plea to noble Lords on the committee, apart from wishing them well, is to listen to petitioners, give them time and listen to the evidence—I know that they will—rather more than sometimes happens in the Select Committees of the other place, where everybody is in a hurry. Here, I hope that they will listen and read the speeches from two or three days ago from the Members of Parliament who set this project moving again after the election.

[Baroness McIntosh of Pickering (Con)]

My Lords, recently I met a lady whose farm will be split in two by the high-speed rail link. I wonder what the remit of the committee is, and whether it is possible within that remit to consider mediation as a form of settling compensation where it is impossible for the parties to agree. I understood from this lady that any potential compensation claim could lead to a court litigation fee of £200,000, which is money she did not have—and obviously, if she lost the case, she would also have to cover the litigation costs of the developers. Could this be covered by expanding the remit of the committee at this stage?

Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2018

Debate between Lord Berkeley and Baroness McIntosh of Pickering

Tuesday 12th February 2019 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I have two brief questions on this statutory instrument. My noble friend the Minister has stated that compensation will be paid in pounds, converted from euros. What if the pound to euro ratio changes substantially over, say, the next two years? Is this something that her department and the Government are likely to keep under review?

I tried to follow the Minister’s explanation as closely as I could. If I have understood correctly, there is one category of flight that UK passengers will no longer be compensated for. I dealt with this myself when I was an MEP and, at one stage, rapporteur on civil aviation in the European Union. I would just like her confirmation that this category of flight is covered. These are flights where passengers start with a UK carrier out of London Heathrow, Gatwick or Stansted, but change at an airport within the EU, such as Amsterdam, to a connecting international flight operated by, for example, Singapore Airlines or Delta Airlines—both of which my husband worked for at separate times—to a destination such as New York or Singapore. Is my noble friend saying that, under these regulations, or in the event of no deal, a UK passenger who is denied boarding that flight in a third-country airport such as Amsterdam will no longer be compensated?

[Lord Berkeley (Lab)]

My Lords, I share the concerns of the noble Lord, Lord Deben, and my noble friend Lord Foulkes about the costs associated with Brexit. I recall the debate in this House yesterday about Seaborne Freight. The Minister said, and I am sure she is right, that,

“no taxpayer money has been transferred to the company”.—[Official Report, 11/2/19; col. 1704.]

However, the cost of dredging is probably several million pounds. Apparently it was being done by the Ramsgate harbour authority. I do not know where it will suddenly get the money from; I am sure it was not budgeted for. It was mentioned in another place yesterday that Slaughter and May had been paid £600,000 to advise the Government on how to write these contracts, which turned out to be non-existent. The Minister should commit to giving the House the total cost, rather than hiding behind, “We are not paying it directly because the dredging is being done by somebody else”, or something like that.

I should like to follow up on some of the questions the noble Baroness, Lady McIntosh, just asked because this SI is very confusing. The first question is: who is a UK carrier? Where will companies such as easyJet and British Airways be registered, and does that matter when defining what is a UK carrier—something that comes into quite a lot of these regulations? Could the Minister tell us not just what is happening today but also how the Government will tell members of the public who is a UK carrier—assuming that it matters? It seems to me that it matters.

On these regulations, there seem to be three different parties: the location of the airport, which may be in this country, the European Union, or a third country—maybe it does not matter; the air service or airline, and whether it is registered in the UK, the EU or a third country, as the noble Baroness mentioned; and who the passenger is. Are they a UK resident, an EU resident, or a third-country resident? There then seem to be different rules for whether you are going out, coming in or getting a return ticket. I do not know whether I am making myself clear—it is probably as unclear as the regulations. The Minister will have to tell us how all these different parts of the regulations I have discussed apply to all those different groups and combinations of groups.

What attracted me to this worry was the phrase,

“if the carrier is a UK carrier”,

in paragraph 7.3 of the Explanatory Memorandum and, in reference to paragraph 7.5, the question of who enforces these regulations. The CAA cannot enforce regulations on airlines from third countries that do not fly into this country at all, but if the CAA does not do it, who will? All these things should affect every traveller who will move by air after 29 March, and I can see some of them getting into real trouble and worrying about this unless there is some clarification. I look forward to hearing the Minister’s response.

Seaborne Freight

Debate between Lord Berkeley and Baroness McIntosh of Pickering

Monday 11th February 2019 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

May I press my noble friend?

[Lord Berkeley (Lab)]

My Lords—

[Baroness McIntosh of Pickering]

No we have had two speakers from that side.

Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018

Debate between Lord Berkeley and Baroness McIntosh of Pickering

Wednesday 24th October 2018 Grand Committee

[Lord Berkeley (Lab)]

My Lords, I am grateful to the Minister for introducing these draft regulations. Before I get into the substance, I would be interested to know how much monitoring has happened in the UK up to now, both in the ports and on the seas between the ports. As the Minister implied, and taking the Dover Strait as an example, ships going in a south-westerly direction may be going from a continental port to somewhere else in the world but they are still in UK waters for a time. It would be interesting to know what monitoring has taken place inside and outside the ports.

I declare an interest: until last year I was a trustee of Plymouth Marine Laboratory, which developed a very interesting means of checking the emissions from ships from up to five miles away; it was mainly CO₂ but other emissions as well. It tested it off Rame Head in Plymouth. I think it found that the few naval ships that were running on this kind of fuel were the worst offenders but I am sure that has changed. It does not really matter; the point is that it could do it. The idea would be to put this equipment in the middle of the Dover Strait, for example, where you could check ships going both ways. I do not know where that has got to, but it is important that monitoring is carried out not just in the ports but out at sea where the emissions can still be quite dangerous.

Can the Minister explain what the difference will be when we have left the EU? If a ship in the Dover Strait has set off from Rotterdam and is due to end up in China, how will we monitor the emissions, let alone enforce any limits? What are we going to do about that? It is all very well having these regulations. I believe that there is another regulation which requires cleaner fuel to be burnt when you are travelling in the English Channel, which I think is to the east of Lizard or Scilly and up to the North Sea. I think that that is going to change in a few years’ time in order to cover the whole of the UK. Has that position changed as a result of our potentially leaving the EU? How will the monitoring be done?

It is good that the Minister has brought forward these regulations, but my doubts are around whether there will be any monitoring at all, whether there is any monitoring, and what action will be taken if a ship is found to be exceeding the limits. I look forward to hearing her comments.

[Baroness McIntosh of Pickering (Con)]

My Lords, I will follow the noble Lord in the same vein by asking a simple question. I remind the Committee of my historic interest as the Conservative spokesman in the European Parliament on transport issues. Can my noble friend the Minister explain the current enforcement mechanism if either a UK-registered ship or an EU-registered ship breaches the carbon dioxide emissions limit? How does she imagine that that enforcement mechanism will change in the future? Presumably the whole point of having carbon dioxide emissions limits is to ensure that, along with every other form of transport, maritime shipping abides by air quality standards. Will we be able to enforce this unilaterally going forward?

I turn to something that is very topical. Is there currently any jurisdiction for the European Court of Justice over a breach of these emissions standards?

European Union (Withdrawal) Bill

Debate between Lord Berkeley and Baroness McIntosh of Pickering

Report: 3rd sitting (Hansard): House of Lords
Wednesday 25th April 2018 Lords Chamber

[Lord Berkeley (Lab)]

Can the noble Baroness confirm that seed potatoes are part of the problem? If they are sown on both sides of the Irish border, they will not be able to be taken across unless they are subject to specific checks.

[Baroness McIntosh of Pickering]

The noble Lord has the advantage over me. I was not thinking so much of potato seeds but the fact that the Secretary of State has said that we are to have higher standards of animal hygiene, animal health and animal welfare, which I welcome. That follows on from the little debate we have just had. There will have to be physical checks. There cannot be checks managed by technology, in which case potatoes and their seeds could effectively fall within that category. So the noble Lord has actually made and developed that point very neatly for me.

In the context of Amendment 47, I urge the Minister to maintain Clause 8 in the Bill and to keep an open mind as regards potential membership of the European Economic Area or applying to join the European Free Trade Association.

Cyclists: Road Traffic Laws

Debate between Lord Berkeley and Baroness McIntosh of Pickering

Monday 18th April 2016 Lords Chamber

[Lord Berkeley (Lab)]

My Lords—

[Baroness McIntosh of Pickering (Con)]

My Lords, what is the penalty for a breach of the Highway Code by way of either pavement cycling or a cyclist going through a red light?

[Lord Keen of Elie]

There are a variety of offences that may arise in respect of cycling, under both the Highways Act 1835—cycling on the footway—and the Road Traffic Act 1988. A number of steps can be taken, beginning with a warning, followed by a fixed penalty notice of £50, followed by prosecution for a summary offence, which itself would impose a maximum fine of £500. However, under the Road Traffic Act, there are also further, more serious offences such as dangerous cycling, which can attract a fine of up to £2,500.