Crown Estate Bill [HL]

Debate between Lord Berkeley and Baroness Vere of Norbiton

Report stage
Tuesday 5th November 2024 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My Lords, I will speak to Amendments 2 and 14 in my name.

On Amendment 2, I am incredibly grateful to the Government for their engagement on the importance of pre-appointment scrutiny for the Crown Estate commissioners. However, I recognise that my initial amendment in Committee was a bit ambitious and have restricted the amendment before your Lordships’ House today on Report to the chair of the Crown Estate commissioners. It is important, as I mentioned in the first group, as there is a decrease in parliamentary oversight. It is not uncommon for the chairs of the boards, or equivalent, of such significant public sector bodies to at least have some form of questioning prior to taking up their role.

I note that, in his letter yesterday, the Minister said:

“The Government has not tabled an amendment on this matter because there is already an established process by which roles such as this are added to the Cabinet Office’s pre-appointment scrutiny list. The Treasury will work with the Cabinet Office to progress this matter”.


I am grateful to the Government for their assurance that the chair of the Crown Estate commissioners could be added to the Cabinet Office’s pre-appointment scrutiny list; we will be holding the Government to account as this is progressed.

Amendment 14 is, again, related to the importance of the assets for which the Crown Estate is responsible. It has the stewardship of billions of pounds-worth of very important assets for the benefit of the nation. Some of these assets are on land, some make up the seabed, some are incredibly important thoroughfares in our main urban centres, and others might be important agricultural land across the nation. I can see very few guardrails to prevent the Crown Estate commissioners deciding to sell those assets. Indeed, there have been quite significant asset sales over recent years, and I was not really able to find any information as to what has been sold.

We made this argument in Committee, and I am grateful to the Government for their assurance that they will bring forward an amendment or some sort of process by which the seabed might be protected. However, my understanding is that the law in this area is very complicated, so I am somewhat concerned that a process could not be found that is seabed-specific. Nevertheless, I welcome the Government’s engagement and their recognition that selling off elements of our seabed in perpetuity would not be wise and should not be done without some form of transparency.

However, as I said previously, it is not just about the seabed; I also remain concerned about other important assets owned by the Crown Estate. My Amendment 14 simply proposes that, should the Crown Estate sell more than £10 million-worth of assets—I am happy to look at a different figure—there would be some form of transparency to Parliament, such that noble Lords and colleagues in the other place could see the assets being disposed of and make at least some assessment of whether that is the right course of action for the Crown Estate.

[Lord Berkeley (Lab)]

My Lords, I wish to speak to Amendment 15 in my name, which is in this group. I tabled the same amendment that we debated in Committee because my noble friend had not yet been able to respond in his promised letter; but, of course, he has now responded, and I presume all noble Lords have seen the letter. I found it very helpful, and I thank him for it. However, my amendment provides an opportunity to debate what is in that letter and issues that affect quite a lot of people—not only in the Isles of Scilly but in some of the other places related to the ownership of the Duchies or the Crown Estate. There are a few principles I would like to discuss and see where we get to.

What I found most interesting was that my noble friend’s letter was quite clear that both Duchies are private estates—I do not think there is any debate about that now. The Duchy has been saying this for a long time, and it is in his letter from the Treasury. I am also grateful for the explanations about the finance and the involvement, or not, of the Public Accounts Committee in the other place, the National Audit Office, et cetera. But then we get into rather more interesting and difficult territory. In his letter, my noble friend says:

“Crown bodies … are not bound by the enfranchisement legislation”


that your Lordships’ House debated over many months earlier this year. I question how a private estate cannot be bound by legislation such as that—why should the Duchy be exempt?

We then get into an even deeper mystery about what are called “excepted” areas. There is a distinct lack of transparency here. I will not go into great detail about the problems faced by the tenants on the Isles of Scilly because noble Lords can read material from the previous year or two. During the legislation at the end of the last Parliament, the then Chief Whip, the noble Baroness, Lady Williams, read out a parliamentary undertaking that attempted to differentiate between what they call “non-excepted” and “excepted” areas. So my first question to my noble friend the Minister is: what is an excepted area, and who decides? Is it Parliament, the Government or the landowner—in this case the Duke of Cornwall—who decides what should or should not be included in legislation? That is interesting for a private sector company, and it needs debating.

Given that, last weekend, there was a lot of publicity in the media, including the Sunday Times, you start wondering what “private” means in this context. Presumably, all private bodies should pay tax—that is pretty fundamental to our life here—including income tax. The Duchy and His Majesty say that they pay tax, but it is voluntary. I would love to pay voluntary tax and to decide how much it was, as I am sure many other noble Lords would, but that is not what it is all about. They do not pay corporation tax, capital gains tax or inheritance tax. They get all that rental income, which noble Lords may have read about in the Sunday Times, from ambulances parking on their land, with the National Health Service being charged and paying the Duchy of Cornwall, I think it was. This seems to be a bit of a recycling of the cash that the Duchy claims it needs to charge people. This comes back to the Duchy claiming credit—I see this on the Isles of Scilly—for allowing bodies to use its land and charging them for it.

One example is that the farmers on the Isles of Scilly want an abattoir built so that they do not have to transport animals to the mainland, which I think is a good idea. The Duchy said, “You can have the land”. Many of us think that it does not own the land anyway, but, leaving that to one side, if it allocates land to an abattoir, it will then charge the farmers for using it. Is that right, when the land does not really belong to it and it is not contributing to the cost? That is another debate that we need to have on this.

Perhaps what is wrong is that the Duchy needs the money, but given what is in the rest of the Bill, it will result in His Majesty and other members of the family getting quite a lot more. One could surmise that they do not need the money and that it might be better if they paid their taxes and invested properly in an estate, like many large estate owners in this country already do. Noble Lords will have heard me speak about the appalling transport services between the Isles of Scilly and the mainland, where a single fare by ship or plane usually costs the best part of £100. The Duchy could contribute to that—it would just be small change.

Flying Schools: Liquidation

Debate between Lord Berkeley and Baroness Vere of Norbiton

Monday 13th November 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I was not aware of the issue that my noble friend has raised. It is right that local authorities are able to impose restrictions on aerodromes in certain circumstances. However, they must do that balancing the advantages of having an aerodrome in a certain location, not only in terms of getting people learning to fly, but all the ancillary services and other businesses that are often on aerodromes and are hugely beneficial.

[Lord Berkeley (Lab)]

Does the Minister agree that one of the reasons for these flying schools getting into difficulty is the lack of air navigation aids, which were cancelled when we Brexited? Will she look into reinstating EGNOS or possibly Inmarsat so that not only can more people can learn to fly but so that we can fly to the Hebrides or the Scillies more easily in fog?

[Baroness Vere of Norbiton (Con)]

The noble Lord is pushing the boundaries of this Question and indeed my patience.

HS2 Ltd: Costs

Debate between Lord Berkeley and Baroness Vere of Norbiton

Wednesday 25th October 2023 Lords Chamber

[Lord Berkeley]

To ask His Majesty’s Government what assessment they have made of reports alleging that HS2 Ltd did not disclose accurate cost estimates for the project; and what plans they have to establish an independent inquiry into that company’s actions.

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

My Lords, my department and HS2 Ltd have ensured, and will continue to ensure, claims of misrepresentation are taken seriously and thoroughly investigated. Several of the claims recently detailed in the media have already been established as unfounded, including through an independent National Audit Office report in 2018. The HS2 Ltd counterfraud and business ethics team is investigating the most recent allegation about the company, and while this is under investigation it would be inappropriate to comment further.

[Lord Berkeley (Lab)]

I thank the noble Baroness for that interesting response. There were a lot of people quoted in the Sunday Times at the weekend, including experienced HS2 directors who have risked their careers and jobs because they are so worried about what went wrong within the company. Noble Lords will know that the Prime Minister criticised HS2 in his speech at the Conservative party conference, and I quote:

“There must be some accountability for the mistakes made, for the mismanagement of this project”.


Those are tough words from the Prime Minister. Can I suggest to the noble Baroness that, if she will not have an independent public inquiry into these allegations, the Government should sue the Sunday Times and take it to court?

Transport: Zero-emission Vehicles, Drivers and HS2

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 17th October 2023 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, many noble Lords and other people have said to me, “You must feel very pleased that you won and it got cancelled”. I do not look upon it that way at all. I have been campaigning for many years now because the cost of HS2 was ballooning, but my main reason was that I thought it was the wrong project for what was being built. The costs had gone right out of control and the Prime Minister made the right decision. I am sorry that lots of colleagues will disagree with me.

The question we have to ask the Minister, and ourselves, is: what next? The Prime Minister made the commitment to £36 billion being spent on public transport and other things. That is set out in some ways in the Network North document. I am very pleased to know that some of my friends in Devon and Cornwall will get a slice of something called Network North—well, that is all right. We have to make sure that this is actually delivered. The most important thing for me is to see the delivery in the hands of people such as the noble Lord, Lord McLoughlin, and his team opposite. They actually represent the transport people in the Midlands and the north who will be the users of whatever gets done there, to some extent. I hope that devolution will help to support that and that they will be given enough money and decision-making powers to make it work.

My questions to the Minister include one or two urgent ones. What about safeguarding of the land? How much of it will be reduced or removed—and when—in phase 2a, phase 2b west and any other bits that do not get used? What is going to happen to the bit between Birmingham and Old Oak Common or Euston? It could do with a repurpose as a railway, but there are ways of saving money without affecting the effect at all.

My final question is: what is going to happen at Euston? The Statement is clear that there is going to be a development company involved. But then I read something else in the press which said that there is no government money going into this and that if the development company cannot make it work, it will not get built. That is not good news for the people who live around there. I remind the Minister that if the project stopped at Old Oak Common, which I still think is perfectly reasonable, she would save £12 billion, on my figures. Maybe that does not matter and maybe it does. We also need to have a proper design of the tunnels going into Euston, because there is no safe design. We presented one to the Select Committee about 10 years ago. It got rejected by HS2, but it may be worth looking at that again. I am very happy to sit down with the Minister and anybody else to talk about this further.

On this very rare occasion, I support what the Prime Minister has said. Let us make it work in the future.

[Baroness Vere of Norbiton (Con)]

I am very grateful for the noble Lord’s support for the Prime Minister’s decision. I would like to reassure him that another piece of good news, which I have not been able to talk about so far, is the massive increase in CRSTS—the city region sustainable transport settlements. We are adding billions of pounds to the second tranche of this. These are very significant amounts of money. For example, Greater Manchester will get an additional £1 billion. Again, the same is going to the West Midlands. We are adding to the £8.8 billion that we had already said the mayors would get. There will be several billions of pounds; forgive me, I cannot add it all up in time. It is sufficient to really turbo-charge some mass transit schemes. For example, in West Yorkshire we have committed £2.5 billion to fund a mass transit scheme in full. Finally, Leeds and the surrounding areas will have one, which will be amazing. That is a very positive thing. We recognise that devolution to the metro mayors is a good thing.

On safeguarding matters, we recognise that there is an issue with safeguarding and blight. We will be going through the proper legal processes and following them for properties that are no longer needed. For phase 2a, the safeguarding will be formally lifted within weeks. For phase 2b, it will be lifted next summer—the rationale for that is that there will still be some significant rail infrastructure projects in the north, and we need to make sure that we do not sell land we subsequently need. As the programme is developed, that land will either be sold or kept if it is needed.

On Euston, I am going to have to disagree with the noble Lord. I think that sometimes the private sector can do wonderful things. I refer the noble Lord to Battersea Power Station. If noble Lords have been there, they will know it looks quite remarkable. That attracted £9 billion in private sector investment.

NATS: Staffing

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 19th September 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

The issue that the noble Baroness raises will be covered when the CAA completes its review of the outage in upper airspace that NATS suffered recently. I will await the independent regulator’s views on that, and we will obviously take action if needed. The noble Baroness said that the penalties are inadequate, but I also want to stress that when it comes to Gatwick tower control, the Government have no oversight of or insight into what those penalties are. They may well be adequate, as they are negotiated on a commercial footing.

[Lord Berkeley (Lab)]

My Lords, the Government seem to have a problem with people, because there is a shortage of people in this, as we have heard from many noble Lords already. It is a similar problem to what we will be debating later: a shortage of drivers on the west coast main line. Both those problems involve businesses which the Government say are commercial but in fact, behind the scenes, they make very sure that nobody is allowed to recruit enough people to ensure that there is a contingency. What are the Government going to do about that?

[Baroness Vere of Norbiton (Con)]

The noble Lord conflates two of my favourite topics. As he knows, both those companies are privately run and can recruit as many people as they like. However, they suffer the same thing: during the Covid pandemic, it was very difficult to train traffic controllers and train drivers. To a certain extent, there is a bit of catch-up going on. As I say, for train drivers as for air traffic controllers, training takes a very long time. It is at least 18 months before that person is operational.

West Coast Main Line

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 19th September 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

Avanti, like all train operating companies, is working with its stakeholders and Transport Focus and London TravelWatch on the responses to the consultation to its proposals. The results of that will be forthcoming soon.

[Lord Berkeley (Lab)]

My Lords, there have been many reports of quite severe overcrowding on some of the CrossCountry services to the south-west in recent months. Can the noble Baroness explain whether any extra capacity is planned? I believe quite a few of the trains have been scrapped. What kind of new rolling stock will there be and will there be more capacity? This is a very important route. It is the only intercity route that does not go to London and one begins to suspect that, because Ministers do not take much notice of it, it gets the worst rolling stock. I hope the noble Baroness can give me some comfort.

[Baroness Vere of Norbiton (Con)]

The department is well aware that there is some overcrowding on CrossCountry routes. We are considering options, with CrossCountry, on the size of its future fleet. This will be balanced with the interests of taxpayers, given the financial pressures.

High Speed 2

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 19th September 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I am aware of my noble friend’s position on HS2. It demonstrates that there is a wide range of views. As I said earlier, the Government will update the House as part of their regular six-monthly reports on HS2.

[Lord Berkeley (Lab)]

My Lords, about six to nine months ago, the Government said that they would pause all work at Euston. Has that happened? My impression is, as reports I get suggest, that there is a great deal of work going on there. Can the Minister tell us how much work has gone on even after it was paused?

[Baroness Vere of Norbiton (Con)]

I am not able to give an update on the physical work that is going on. My understanding is that the position at Euston has not changed. Again, that will be in the regular six-monthly update.

National Air Traffic Services: Operational Failure

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 5th September 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I am grateful to my noble friend for highlighting this issue, but I am afraid that I do not accept the premise that the two are comparable. There are elements in NATS’s current licence that allow financial penalties to be placed on it in the instances of poor performance. Indeed, as I stated in my first Answer, there is also a mechanism to reduce charges in subsequent years to the airlines because of poor performance. However, I would say that the event that happened was, thankfully, very rare; nothing similar had been seen for over 10 years. Therefore, we are very grateful for the work that the airlines did, and we worked closely with them to repatriate people as necessary.

[Lord Berkeley (Lab)]

My Lords, if a passenger is delayed on a train, they can claim compensation from the train operator, which in turn can claim from Network Rail, the infrastructure manager, if it caused the delay. It seems to me that NATS and Network Rail are very similar—they are infrastructure managers—so what is the difference between compensation if you are on a train or on a plane?

[Baroness Vere of Norbiton (Con)]

I do not think that those two comparisons are quite correct. We have to deal with the situation we are in now, where there are already arrangements for NATS to be penalised financially and for future charges to the airlines to be reduced, should NATS’s performance fall below set levels. I am delighted to say that NATS’s overall performance is incredibly high and it tends to outperform other European air navigation service providers.

E-bikes

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 11th July 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I am incredibly grateful to my noble friend, because we know that e-bikes have huge environmental benefits. They can be used on more difficult journeys, and they can take those who may be less able—which, of course, I am not suggesting is the case here—further and slightly faster. If we were to change the regulations on e-bikes, which are very clear at the moment, we would do so with an abundance of caution.

[Lord Berkeley (Lab)]

My Lords, can the Minister confirm whether there is any type approval for the types of what I think she called e-bikes that are not limited to the speed of a normal Brompton bike, such as the electric one I have, and do not need any pedal power? It seems to me that there are lots of them running around London and other places that can go any speed, do not need numberplates or helmets, and probably do not have any insurance.

[Baroness Vere of Norbiton (Con)]

No, those people who are riding those vehicles in those circumstances are breaking the law. All vehicles that are not e-bikes—they would be electric motorbikes—have to be registered with the DVLA, insured and taxed; the person would have to have a driving licence and to wear a helmet. Essentially, they would be the same as a traditional ICE motorbike and, yes, there is type approval of those vehicles.

Driving Licences

Debate between Lord Berkeley and Baroness Vere of Norbiton

Monday 5th June 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I thank my noble friend for raising that. When I was Roads Minister until fairly recently, I worked very closely with DVSA to ensure that those bots cannot get access to the booking system. I will take his comments back and ensure that DVSA is doing all it can to make sure that those slots are not being used by other people. At the moment, there are about half a million people already booked into slots, and there are about 44,000 slots available in the next 24 weeks. The key to all this—it loops back into the road safety element of this Question—is that we must ensure that drivers are ready to take their tests. At the moment, fewer than 50% pass, so the number one message for learner drivers must be: be ready and then you will be able to pass your test and drive with confidence.

[Lord Berkeley (Lab)]

My Lords, if it takes up to a year after you have applied for a test to get one, it is not surprising that people apply early, because they will have to practise driving in the long period before they get to the test. Can the Minister confirm that the only way to get a test quickly is if you are rich and can afford a couple of hundred quid to bribe one of these middle people?

[Baroness Vere of Norbiton (Con)]

I am certainly not going to confirm that, because, as I have said, I have worked closely with DVSA to ensure that we limit that as far as possible. Indeed, I do not believe that the reselling of tests is a huge problem. Again, working with DVSA, we have created over 900,000 more slots—37,000 per month—to try to get as many people through as possible. As I have said, if people are better prepared, they will pass first time and will not need a secondary test.

Strategic Highways Company (Name Change and Consequential Amendments) Regulations 2023

Debate between Lord Berkeley and Baroness Vere of Norbiton

Monday 5th June 2023 Grand Committee

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

My Lords, these draft regulations were laid before Parliament on 24 April. They make consequential changes to five pieces of legislation to reflect the change in name for the strategic highways company from Highways England to National Highways.

The change in name was announced in August 2021. National Highways has completed a range of administrative, legal and digital changes to implement its name. The name National Highways better reflects the company’s focus on delivering the Government’s roads investment programme while continuing to set highways standards for the whole of the UK. It also makes clear the distinction between local roads, which are the responsibility of local authorities, and the strategic road network, for which National Highways is responsible.

The legislation to be amended was identified by a legal analysis of the almost 100 references in legislation to the previous name, Highways England. A large number of references do not require amendment. These are development consent orders or other local orders that are similar in nature, such as traffic orders. These orders often do not have an express expiry date but are of limited application and cease to have any practical effect once an action or development is complete. Most of these entries reference National Highways’ company number, which also further reduces any risk.

As a result, just five pieces of legislation were identified for amendment via this SI. They are where there is the most risk of ambiguity or confusion arising over time, should the old name remain. The legislation is as follows: first, the Appointment of a Strategic Highways Company Order 2015; secondly, the Infrastructure Act 2015 (Strategic Highways Companies) (Consequential, Transitional and Savings Provisions) Regulations 2015; thirdly, the Equality Act 2010; fourthly, the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017; and, finally, the Local Transport Act 2008.

Where possible, the amendments will future-proof the legislation against any future name changes that may occur. This is being done for three of the five pieces of legislation being amended by inserting a reference to:

“A strategic highways company appointed under section 1 of the Infrastructure Act 2015”,


instead of a potentially time-limited reference to National Highways.

To conclude, these draft regulations will make consequential changes to a small number of references to Highways England, identified by a legal analysis as those most at risk of ambiguity or confusion over time. Where possible, the amended wording has been future-proofed. I beg to move.

[Lord Berkeley (Lab)]

My Lords, I am grateful to the Minister for introducing these very interesting draft regulations. I have a few questions to ask her, which I am sure she will not be surprised about.

The main question is: how much is this change going to cost? It obviously has costs in regulation time, but I imagine that there are signs all around the network saying how clever the Highways Agency is. It will have to have new signs there and on much other documentation, so it would be nice to know how much all this is going to cost.

My other main question relates to the purpose of changing the name of the Highways England Company to National Highways. Which nation are we talking about? Is it the United Kingdom of Great Britain and Northern Ireland? Is it Great Britain—in other words, England, Scotland and Wales? Is it England and Wales, or what? There seem to be one or two differences in the references in the Schedule referred to in these regulations.

Trains: Wifi Provision for Passengers

Debate between Lord Berkeley and Baroness Vere of Norbiton

Thursday 25th May 2023 Lords Chamber

[Lord Berkeley]

To ask His Majesty’s Government whether they plan to advise franchise train operators to discontinue the provision of Wi-Fi for passengers on their trains.

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

My Lords, the way we currently operate our railways is not financially sustainable. It is unfair to continue to ask taxpayers to foot the bill, which is why reforms are essential. Therefore, it is only right that we work with operators to review whether the current service delivers the best possible value for money. However, no decisions have been taken.

[Lord Berkeley (Lab)]

I am grateful to the Minister for that Answer. She will be aware that, I think, most train operators already have wifi in all their trains for management and revenue purposes. How much money would be saved by the Treasury if they removed access to wifi from the passengers?

[Baroness Vere of Norbiton (Con)]

I will revert to where I started on this. No decisions have been taken. As part of the business planning process, we have asked the train operating companies to look again at the services provided and to come up with a business case which sets out the benefits to passengers and the costs of providing that service. However, usage of wifi on trains is actually quite low. It is available from all train operating companies but is not available on all trains.

Global Britain: Traffic

Debate between Lord Berkeley and Baroness Vere of Norbiton

Monday 15th May 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My noble friend is asking me to withdraw from the devolution agreement for London. We have no plans to do that, and I encourage Londoners to hold the mayor to account.

[Lord Berkeley (Lab)]

My Lords, I congratulate the Minister on what the Government have done to get more bicycle lanes and footpaths since Covid. The problem is that so many people are getting fed up with car drivers and cycle lanes are now very full. Can the Minister say whether she has any plans to increase the number of cycle lanes in London or anywhere else?

[Baroness Vere of Norbiton (Con)]

The Minister has no plans, because it is not up to the Minister to have those plans; it is up to the Mayor of London. The Mayor of London continues to invest in cycling and walking—that is his choice. The Government remain committed to cycling and walking as natural choices for the shortest journeys.

Vehicles: Headlamp Glare

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 9th May 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I will have to take that back to the department. It is not an issue I have come across previously. Headlight aim and bulbs are checked at the annual MoT test but, obviously, if there is not the correct equipment to do that we need to do something about it. Again, I will have to take that to the department; it is not something that has previously been brought to my attention.

[Lord Berkeley (Lab)]

My Lords, if the Government intend to bring in some regulations on glare, could it be extended to the glare from cycle headlights? Some of them are very bright and dazzle you at night. In this House many noble Lords talk about cycles with no lights, which is just as dangerous, but perhaps she could just look at the new lights that some cyclists use and check that they conform as well.

[Baroness Vere of Norbiton (Con)]

I am not aware that there are regulations around the use of bright lights for cyclists. I agree that they could indeed cause glare and be a road safety issue and, again, I will take that back to the department.

Merchant Shipping (Fire Protection) Regulations 2023

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 2nd May 2023 Lords Chamber

[Lord Berkeley (Lab)]

Before the Minister finishes on resources, can I make a comment? Most of the detailed work on catching up falls on the MCA. I have heard quite a few comments from people who deal with it saying that it is very short-staffed. The Minister shakes her head but I have heard it from other people. They say it is partly because the pay rates are pretty low but also because there is a shortage of people with the necessary highly technical experience. Perhaps she would look into that. I hope it is not what is restraining catching up.

[Baroness Vere of Norbiton (Con)]

Obviously, the MCA is quite a large organisation and has many different people fulfilling different roles. The question is whether we have the right people focusing on the backlog at this moment. We absolutely do, and I still intend to get the backlog cleared by 2023. I think that would be welcomed by all.

On the various other issues mentioned by noble Lords, it is worth reflecting on the impact of the delays of these regulations to UK ship fire safety. The vast majority of the ships on the UK register, to which these regulations apply, trade internationally. The vast majority will have been built with these regulations in mind. They already operate internationally and therefore need to comply with these requirements in other port state jurisdictions. We have seen no evidence that delays in introducing this instrument have led to an increased risk from fire on ships to which it would apply. Indeed, looking at the MCA surveys and detentions data, we believe that compliance with the requirements of SOLAS chapter II-2 has been very good. Since 2015, 21 UK ships have been detained for fire-related non-compliance, but none of these detentions related to contraventions of the requirements of SOLAS II-2.

As I noted in my opening remarks, there are other ways for the MCA to enforce against unseaworthy and unsafe practices on ships. We consider the elements within the contravention at all times. The MCA already provides advice on the convention, whether or not those amendments have already gone into UK domestic law, because they are advising ship owners and operators about when they are travelling beyond UK waters, when they will have to comply. It is not the case that we are starting from a clean slate and have ship owners and operators who do not know that this is coming down the track. They absolutely do: these are international ships plying international waters, and therefore they will be complying. The MCA has found no evidence that they are not. There is no question that the MCA is not keeping up with the changes per se, as a noble Lord or noble Baroness mentioned. It is just that the legislation has not been put in place.

A number of noble Lords mentioned the ambulatory references. The noble Baroness, Lady Randerson, seemed to imply that it was a new thing but, again, it is not. We have been doing it for quite some time, particularly for maritime regulations. As the noble Lord, Lord Greenway, pointed out, that is a way that we can stop this backlog building up again in the future, because one does not then need to go back to the original secondary instrument and change it whenever amendments are made. That is why we do it. Indeed, there are many more amendments coming into force on 1 January 2024, I believe.

There are safeguards that should be in after consultation with the industry. We are satisfied that we have very good consultation routes into the industry around SOLAS changes. If there are objections and the UK Government decide that they want to object to something, we would pass further secondary legislation to exempt that particular thing. In general, we believe that we have a high standing within the IMO, and we nearly always agree with the changes that go through. Therefore, we feel that putting in ambulatory references is absolutely the way to go.

I welcome the noble Baroness, Lady Randerson, to the SLSC. I do not know whether I should be more or less terrified now as my secondary legislation goes through that committee, but I am sure that her immeasurable experience will be very helpful in that scrutiny. As I noted, there will be a few more to come before the end of the year.

I cannot give a timeline on the review of the domestic legislation and regulations for domestic voyages and ships. In maritime, there are different regulations for different types of vessels on different types of water, which is why it is so very complicated and needs to be reviewed and why we did not simply lump all the domestic vessels in with these regulations; that would not have been right. If I have any further information on the timeline, I will certainly write.

Which regulations cover other vessels is hugely varied. It never ceases to amaze me how many classes of ships there are. There are regulations relating to workboats, fishing vessels, domestic passenger vessels and so on, so I cannot provide a specific example covering all possible types of vessels. In general, naval ships will follow these regulations. However, they may have certain exclusions because of their need to carry out warfare, so they might be slightly different. The MCA still inspects naval ships, but they have a slightly different arrangement with the MoD, given the different tasking of those vessels.

I briefly want to cover the retained EU law point. Obviously, the retained EU law Bill is continuing its passage through Parliament. My department has the resources available and is starting to plan the legislative programme that will follow that Bill when it comes into law.

I am convinced that there are other things that I have not yet answered, but I will be very happy to write. In doing so, I will include a copy of the letter that I wrote to the SLSC on a recent update. I look forward to discussing maritime secondary legislation again with noble Lords in the future.

Network Rail: Funding and Reliability

Debate between Lord Berkeley and Baroness Vere of Norbiton

Wednesday 26th April 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

If I may, I will explain to the noble Baroness what the process actually looks like. It is one that goes on for the whole of the year. The statement of funds available has been set and the Secretary of State has set out very high-level objectives. That is then given to Network Rail, which spends the process of the year doing the business planning. It does not do that in isolation; it does it under the scrutiny of the independent Office of Rail and Road. There are two determination periods—one that will happen in June and one that will happen by the end of the year, by when we will see how the £44.1 billion, which is quite a lot of money, will be spent, and what the performance outcomes will be.

[Lord Berkeley (Lab)]

Has Network Rail really run out of money, or have some of the new projects been paused—or has all the money been put into HS2, leaving nothing for the rest of the railway?

[Baroness Vere of Norbiton (Con)]

My Lords, none of the above.

Transport: Investment Plans

Debate between Lord Berkeley and Baroness Vere of Norbiton

Thursday 30th March 2023 Grand Committee

[Baroness Vere of Norbiton (Con)]

I will of course look very carefully at the National Audit Office report. I do not know that it is saying that it believes that the line is unlikely to go beyond Birmingham; again, I would not know where its evidence would come from for a statement such as that.

We have an opportunity to improve the rail and local transport networks and to adapt to the needs of passengers today. There is a rare chance of some sort of redesign so that the system is fit for the future, because, as I said at the outset, I think all noble Lords want the same thing.

I will now turn to comments about HS2. The Transport Secretary has been very clear that Old Oak Common will act as a temporary London terminus while Euston is completed, but I do not think that any noble Lord should be under the impression that this will somehow be substandard. It will be probably the best-connected and largest new railway station ever built in the UK; it will have 14 platforms—six high speed and eight conventional—and it will be a transport superhub, providing connections to Heathrow via the Elizabeth line and, of course, high-speed rail services through to various parts of the country.

It was already planned that Euston would open later than Old Oak Common. However, we have decided not to proceed to full construction of Euston station in the next two years, which is the period that the Statement looked at, due to affordability and profiling issues. There is an opportunity to look again at the Euston station design to ensure that it is affordable and delivers for both the local community and passengers.

Following this debate, I will set out in a letter as much as I can about the phasing for the different elements of High Speed 2, including going to Crewe and beyond. It is important to put that on record.

[Lord Berkeley (Lab)]

I am grateful to the noble Baroness for her offer to write a letter. Will she also comment on the lack of a firm design for not the station itself but the approaches to Euston? My information is that there is no option that is actually safe to build, and that is quite critical.

[Baroness Vere of Norbiton (Con)]

I will certainly include that in the letter. I do not have anything with me today.

I turn now to buses, which, as many noble Lords have pointed out, are the absolute backbone of our public transport system. The national bus strategy, which we published back in March 2021, is a long-term strategy. It is important to understand the role of the BSIPs—bus service improvement plans. We asked all local transport authorities to prepare one, which they did, and we used them to look at how to prioritise funding. To a certain extent, there was no bidding process: we did not ask for bids but to review all the bus service improvement plans.

Noble Lords may ask themselves, “Where did these bus service improvement plans come from? Who inputted into them?” We were clear in the national bus strategy that they must have the input of local people; there had to be a passenger board, or whatever they wanted to call it. Listening to the input of local people and businesses allows the bus service improvement plan to have local accountability. I have heard two different things today: that we need to give more powers to local authorities but also that national government should take control of the bus network, as some noble Lords have suggested. Local accountability is really important.

Funding is absolutely key. The Government are spending an additional £3 billion. This is the largest investment in buses in a generation, and it is on top of funding that still goes out to local transport authorities or bus operators to support fares, such as the bus service operating grant of £250 million a year, and the concessions payment of about £1 billion a year. Local transport authorities also get funding in the block grant for tendered services. Unfortunately, some local authorities, particularly rural ones, decide not to use that money on tendered services. That is a disappointment, and local people should be holding those councils to account for those things.

Therefore, with the bus service improvement plans and subsequently the enhanced partnerships, which are a partnership between the transport authority and the bus operator taking into account what has been said by the passengers, that is how bus networks are planned locally. So it is not quite right to say that it is left to the market, because local transport authorities have quite a significant amount of leverage over the bus operators in agreeing what the enhanced partnerships should say, and 75% of enhanced partnerships have now been “made”—that is, they are in existence. Of course, if the enhanced partnership is not working or it is not what the local authority wants to do, it is at liberty to start franchising, and we know that places such as Greater Manchester have already done that. So there are many ways in which local transport authorities can exert power over the bus network to provide what their local people want.

I accept, as I did earlier today in the Oral Question, that the funding is short term at the moment, until 30 June, and that there is an enormous amount of analysis to be done: the impact of the £2 bus fare cap will be important—but also some of the BSIP funding, the revenue side of it in particular, is being used to support fares in places such as Manchester, Liverpool, West Yorkshire and Lancashire, so that will be important. The capital spending from BSIP will take slightly longer to come in, because that is all about bus priority, bus lanes and all those sorts of things, so we need to give that a little more time. However, the market is still in transition, so we are analysing where we are and looking at what any long-term future support might look like.

I know that the right reverend Prelate is a great champion of rural areas, and he was concerned that rural authorities would not have the resources to be able to do the BSIPs that we ask them to do. In fact, we gave them the money to provide the resources for that. We gave them £23 million to work up their BSIPs and enhanced partnerships and, subsequently, we gave all the local authorities that were not successful in getting funding—about half of them—£11 million to make sure that they could roll out the bus service improvement plans that they had. There are many things that they could do to improve services which do not necessarily require funding.

The right reverend Prelate will have heard me speak before about demand-responsive transport in rural areas—the bus fare cap is very good for rural areas, particularly on longer routes—and the BSOG really supports fares in rural areas as well. In addition, community transport is important in rural areas, which is also taken into account in any BSIP.

I am very conscious that I have 45 seconds in which to do rail. I recognise the expertise of the noble Lord, Lord Tunnicliffe, in this area and his great interest in rail, and from a DfT perspective we recognise that performance needs to improve across the system. We have had numerous conversations about Avanti and TPE, and we know the impact of removal of rest-day working there. However, at the heart of it are the passengers, and GBR, the transition team for Great British Railways, is looking at that 30-year vision for our railways. We continue to invest billions of pounds in our railways for the sorts of local railways that the noble Lord, Lord Berkeley, wants to see. Now we have to look through the RNEP, make the correct decisions based on current passenger numbers, which again are not the same all over the country—some areas are seeing higher passenger return then others. Therefore the RNEP is being reviewed by Ministers at the moment and that will be published; the investment will continue, and that is part of the £40 million.

I note that I have gone over my 12 minutes. I know that there are many things that I have not been able to cover but I will certainly write a letter. Once again, I am always grateful to talk about railways and local transport—both subjects that are very close to my heart.

Bus Industry Support

Debate between Lord Berkeley and Baroness Vere of Norbiton

Thursday 16th March 2023 Lords Chamber

[Lord Berkeley (Lab)]

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

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

My Lords, on 17 February the Government announced that they will provide up to £80 million to extend the bus recovery grant until 30 June 2023. The department is evaluating the impact of this funding and working with local transport authorities and bus operators to develop sustainable solutions.

[Lord Berkeley (Lab)]

I am grateful to the Minister for her Answer, and I welcome the money that has been allocated. However, given that 80% of people who use buses have no alternative—in fact, in Northern Ireland, the community bus service has been completely cancelled from the end of April—is it not time for the Government to devolve the subsidy and funding of local bus services to local transport authorities to get a consistent and long-term service which will provide what people need and at a lower cost, and spread over the whole country the benefits that the Minister has provided?

[Baroness Vere of Norbiton (Con)]

I am not entirely sure that I follow the noble Lord’s thinking that, just by devolving it, the same amount of money will provide services at a lower cost. It is the case that local authorities get funding to support bus services, including from the fare cap, the bus recovery grant, BSOG and concessions. The simple answer here is that we have to make local transport authorities and bus operators work together more effectively.

Transport: South Wales

Debate between Lord Berkeley and Baroness Vere of Norbiton

Thursday 2nd February 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

That was because assessment of that electrification project showed no significant journey-time savings. In 2018, the National Audit Office concluded that it is right to assess investment decisions about upgrades to make sure that they give passenger benefits. We have to put our funding where it can have the largest passenger benefits.

[Lord Berkeley (Lab)]

My Lords, in addition to the helpful comments from the Minister on south Wales and investment generally, what about rail connectivity between the south and the north of Wales? That is one of the worst links—it is the longest and I believe it goes through England—so will there be some investment for that?

Railways (Penalty Fares) (Amendment) Regulations 2022

Debate between Lord Berkeley and Baroness Vere of Norbiton

Wednesday 18th January 2023 Lords Chamber

[Lord Berkeley (Lab)]

I am very grateful to the noble Baroness. She has given us a very interesting response to many of the questions that noble Lords have raised but, so far, has not mentioned what has happened to the Bill that was promised and mentioned in my noble friend’s Motion, which we are debating. Can the Minister give me some indication of why the Department for Transport has had this proposal to simplify ticketing, by using IT and everything else, for a year? It would save a great deal of money and give people a lot of confidence. According to some people I have talked to, this does not need legislation. I believe that the noble Lord, Lord Hendy, has also said that parts of the Bill do not need legislation, so why can we not do that? I appreciate that the Bill is late—we could have a long debate about that—but what is holding this up, if it does not need legislation? I am told it is opposition from the train operating companies, but who is in charge? Minister, you are in charge.

[Baroness Vere of Norbiton (Con)]

Oh, good! I take the noble Lord’s point. I was going to spell out a number of things that do not require legislation. We want to legislate and we must do it when parliamentary time allows, but there are many things that we can do without legislation. I will take back the specific point about the ticketing system and maybe write to the noble Lord and all who spoke in the debate to see if I can find a little more clarity on that.

While I am on a roll on this, the noble Lord, Lord Tunnicliffe, mentioned long-term planning, which is one of the things that we do not need legislation for and which we have been thinking about. We are developing for publication the first draft of a long-term strategy for rail. I am sure noble Lords will appreciate the opportunity to debate that when it is published, because it sets out a long-term vision for our rail system over the coming decades.

To conclude, the vast majority of passengers who travel on our railways have the right ticket. If they do not, there are understandable circumstances. We accept that there is flexibility in the services that the train operating companies offer. However, we believe that the increase in the penalty fare is a sensible measure to discourage travel without a valid ticket, because it is simply not fair on other passengers or the taxpayer.

I am grateful to the noble Lord, Lord Snape, for the debate today. I have no doubt that I will be back at this Dispatch Box to discuss the railway system again, and I look forward to it.

Railway Station Ticket Offices

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 13th December 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My noble friend is quite right. Huw Merriman MP has taken over as the new Rail Minister. If I may, I will just plug the meeting I have arranged with the Rail Minister tomorrow at 5.30 pm for any noble Lord who wishes to attend to ask him questions about current services, industrial action or, indeed, the critical modernisation that he is focused on.

[Lord Berkeley (Lab)]

My Lords, the Minister has talked about driver-only trains, but the key surely is to have people on the station who can help people who are in wheelchairs or disabled in some way—my wife uses a wheelchair all the time—to get on and off the trains. Whether they are behind a ticket barrier or in an office, it does not really matter. Can she assure the House that there will be no reduction in the number of people who are on the platforms—whether they are from the train or the platform—to help people who need mobility assistance?

[Baroness Vere of Norbiton (Con)]

I can reassure the noble Lord that we are absolutely focused on making sure that every single passenger, whether they have reduced mobility or not, gets the service that they need at the place they need it. That may not be the ticket office; it may be on the platform. I am really pleased that the Government have worked closely with the Rail Delivery Group on developing the app for passengers with reduced mobility. That has proved very successful. It is but one step and there are many more things that we can do.

Midlands Rail Hub

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 15th November 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

Unfortunately, there is never sufficient funding for all the positive business cases the department has in its filing cabinet at any given time. That is why priorities must be considered. We must look at the strategic case and think about how the different enhancements work together. But where positive business cases are submitted to the department, we of course look at them with great interest.

[Lord Berkeley (Lab)]

My Lords, does the Minister agree that the Midlands Rail Hub, which is designed to dramatically improve the east-west and local and regional services in the area, which are pretty awful at the moment, should be a much greater priority than getting to London a few minutes faster by HS2?

[Baroness Vere of Norbiton (Con)]

I agree with the noble Lord that the Midlands Rail Hub would indeed do some of the things he outlines. He may also be interested to know that it would improve the integration to HS2 and therefore make HS2 ever more valued.

Swing Bridges

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 15th November 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My Lords, my department has a fund that exists solely to encourage freight off the roads and on to waterways. It is top of mind; we encourage our own delivery bodies to ensure that they use a variety of modes to transport construction materials. That includes inland waterways, as the noble Baroness has pointed out. If it is not in the maritime strategy, that is not because it is not a priority; perhaps it simply did not fit.

[Lord Berkeley (Lab)]

My Lords, does the Minister feel that, when it comes to funding, she has a conflict of interest between being Minister for Maritime and the spokesperson for roads in this House?

[Baroness Vere of Norbiton (Con)]

Not at all. As the former Roads Minister, I am very grateful that I have that background of knowledge. I am perfectly able to want to transfer freight from the roads to inland waterways, because it is good for carbon.

HS2: Wales

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 8th November 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

As I tried to explain, the Government take an overarching approach, as heavy rail infrastructure is the responsibility of the Government in England and Wales. But if one looks at rail investment in Wales, one can see that we are investing record amounts already. In CP6, we have invested £2 billion in Wales alone, which includes £1.2 billion in renewals and upgrading infrastructure and £373 million for rail enhancements.

[Lord Berkeley (Lab)]

My Lords, Ministers have said that all trains from south Wales to Paddington will stop at Old Oak Common, the station of HS2 in London. That will add 10 minutes to the journey. How much will that station cost and how many years of delay will there be while it is constructed on the Great Western main line?

[Baroness Vere of Norbiton (Con)]

The noble Lord and I have had many conversations about Old Oak Common in the past. The Government remain committed to the construction of Old Oak Common; we believe that having trains stopping there will mean that the station becomes a vital integrated transport link in west London, which would lead into many other parts of London and beyond.

Merchant Shipping (Control of Harmful Anti-Fouling Systems on Ships) Order 2022

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 8th November 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I welcome the noble Lord, Lord Rosser, back to his rightful place. There were quite a number of questions there, some of which I definitely cannot answer but some of which I will do my best so to do. I will of course write, particularly on his wider question about the impact of anti-fouling systems on human health and the maritime environment. I will make sure that we can bring together all the evidence we have to show the harm that this convention has prevented.

The noble Lord also asked a number of questions on the number of offences, convictions and penalties to date relating to regulations that have already been passed and are on the statute book. I will certainly have to write with the details of that because it would extend back many years.

The noble Lord asked for a typical example of which route a recalcitrant ship owner might end up going down. That will depend on the regulations which are yet to be made. He also asked whether there is a precise date next year when these regulations will be in place. There is not yet because there needs to be a public consultation. My priority is to get the public consultation kicked off to see what the industry and other interested parties have to say, but we will certainly be working rapidly to get the regulations in place once we are satisfied that the public consultation has drawn out all the issues that need to be drawn out.

Some noble Lords may rightly say, “Hang on a minute, isn’t this the substance?” Cybutryne is the substance that will be under consideration for this order. It will be banned from anti-fouling systems from 1 January 2023, but that applies to brand-new ships only, and there is a limit to how many brand-new ships come out of shipyards. Therefore, although I accept that we will not quite make the 1 January deadline, I do not feel that we will be missing many ships. If a ship is brand new, this anti-fouling substance is already banned so I doubt that it would have it painted on the hull. Existing ships will need to replace their current anti-fouling systems in accordance with the new requirements when they next undergo a survey, which would need to take place within 60 months of the last application of an anti-fouling system.

Enforcement of this order, as is the case with so many maritime instruments, comes under the remit of the Maritime and Coastguard Agency, which applies sanctions as appropriate. There is a range of sanctions and it depends on the severity of any contravention. I will write about circumstances in which a ship would be detained. That is, of course, towards the more radical end of interventions. There are also prohibition notices, fines and, as a very last resort, prosecution. I will write with more information on how many contraventions have occurred.

[Lord Berkeley (Lab)]

When the Minister writes to my noble friend—it is great to see him back in his place—will she also say whether there are any geographical differences in where these ships might be used in relation to whether they have to comply, such as rivers, coastal waters or mid-Atlantic?

[Baroness Vere of Norbiton (Con)]

I will certainly ensure that all that is included. As for the impact of the EU, I suspect we could quibble all day about whether this is because of the UK leaving the EU. The simple fact is that we had no mechanism for putting these amendments into place, and that is the nature of the order that we are putting into place today.

On the impact assessment, the noble Lord, Lord Rosser, was right that this order has no impact per se because no subsequent regulations have been made. Indeed, in future other substances will probably be banned. Each one should clearly be taken into consideration and its impact assessed individually; otherwise we cannot see what will happen in future. At this time, no impact assessment is associated with this order as there are no costs. A de minimis assessment will probably be prepared for the implementing regulations, but work will have to be done by our analysts to confirm that that would be the right way forward. I have committed to write. I accept that there were some questions that I should have known the answer to, but I did not. I commend the order to the House.

Seafarers’ Wages Bill [HL]

Debate between Lord Berkeley and Baroness Vere of Norbiton

Wednesday 26th October 2022 Lords Chamber

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

My Lords, I am very grateful for all contributions on this first group. I appreciate the support from Members on my own side; it is always good for the Minister to know that there are a range of views and that people are thinking about the Bill and taking it seriously—it is a very serious Bill.

The noble Lord, Lord Tunnicliffe, mentioned the welfare of seafarers. He is absolutely right and there are mechanisms, which the UK is deeply embedded in and has been for a very long time, which work internationally, as many noble Lords will know, to try to improve the conditions and pay of seafarers. However, that is not under discussion today. As pointed out by the noble Lord, Lord Greenway, this is an important part of the nine-point plan that Ministers set out earlier in the year, but the Bill is narrow in scope and effect. That is for many reasons but a key one is that we have to be mindful of the extent to which we are legislating; we have to be mindful that we do not overreach, because that might have some very serious unintended consequences that we would later regret. That is why, throughout the drafting of the Bill, we have had at the front of our minds not only international law but our international obligations; that is critical. Although I accept that there are many things that noble Lords would very much like to do for seafarers—and that, probably, on the face of it, I would like to do too —the reality is that, as a Government, we have to be sensible and potentially a bit boring. We must stay in our lane and make sure that we do not overreach, because the consequences would be very significant.

There are two amendments in this group. The first brings back the old chestnut of “the harbour” versus “a harbour”. I am grateful to the noble Lord, Lord Berkeley, for enabling that discussion once more. I cannot go much further than I went in Committee; I just state that it is absolutely important that unless we say “the harbour”, we cannot define what a service is. A service is from one point—the point—to another point. It is of great regret that the word “a” crept into the letter, but noble Lords can imagine that that was the overarching ambition: from a point overseas to a point in the UK, but “the harbour” within a place overseas and a place in the UK. Because we have defined it that way, from “the harbour” to “the harbour”, we capture the high-frequency services that, let us recall, can be serviced by any vessel—you can put another vessel in when one is off being maintained or whatever—but it is always between two specified harbours.

The second part of that definition—the harbour to the harbour—that is very important is

“120 occasions in the year”.

That, essentially, defines a service that has close ties. The second point about this is that unless you define it as “the harbour” to “the harbour”, it would be incredibly difficult to enforce the Bill, because the Bill relies on one harbour authority being responsible for monitoring and enforcement. Individual harbours may be able to anticipate that a particular service will call in its harbour 120 times a year, perhaps because that service has been doing so for years, if not decades. That harbour authority may not be able to anticipate whether a particular operator has services to other ports, so how would the enforcement and monitoring work in those circumstances?

The noble Lord, Lord Berkeley, brought up an example about, I think, a former Transport Secretary and ships that could be brought in to operate services, but he reinforced the point I am trying to make: it is not about the ships or the specific seafarers on a particular service; it is the service itself that we must make sure falls within the Bill’s scope.

I am content that we have defined the scope well. I am a little disappointed that I have not given sufficient explanation such that the noble Baroness, Lady Randerson, is content, but I feel that we are there and have clarified exactly what would happen. In response to concerns raised about services suddenly deciding to go to another port so that they do not have to pay seafarers a fair wage, as I said in Committee, I do not think that would be commercially viable. I do not think operators would play switcheroo with UK ports because, frankly, their customers would not put up with it. I do not think that point works.

I hope the noble Lord will withdraw the amendment to change “the harbour” to “a harbour”. It would make the entire Bill not worth the paper it is written on, and it would not function in the way that I know the noble Lord wants it to function.

I turn now to Amendment 2, which seeks to decrease the threshold frequency from 120 times a year to 52. The figure of 120 was arrived at following very thorough and extensive consultation and bilateral discussions with industry and other stakeholders. We have looked incredibly carefully at the patterns of services, noted by the noble Baroness, Lady Randerson, and at maritime traffic data by type to reach the figure in the Bill. The scope of the Bill captures services calling 120 times a year on purpose. It is a very specific number that balances the need to maintain close ties with wanting to do the very best we can for seafarers.

The rationale is clear. It covers the vast majority of passenger ferries, including ro-pax, non-passenger ferries and ro-ro services calling at the UK. Critically, it focuses the Bill on short sea services, which justifies the connection to the UK and therefore the UK-equivalent level protection of pay. We do not want to bring into scope some of the high-frequency deep sea container services. That would not be our intention at all and, as my noble friend Lord Forsyth mentioned, would completely change the scope of the Bill and would go against the Government’s intention.

For the UK to impose pay requirements for seafarers on foreign-flagged ships that call at its ports only once week would risk being seen as an overreach by international partners. It would weaken the justification for the UK taking legislative action. As my noble friend Lord Forsyth said, we must tread with care. I appreciate that the noble Lord’s intention is to protect as many seafarers as possible, but the Government can justifiably legislate only for those with close ties to the UK. To seek to do more could risk making the Bill inoperable and could damage the UK’s reputation internationally.

[Lord Berkeley (Lab)]

My Lords, I am grateful to all noble Lords who have taken part in this short debate and to the Minister for her reply. To some extent, these issues were discussed in Committee and many of us suggested to the Minister that there were questions, which the Chamber of Shipping has clearly raised with other noble Lords, about the legality of this from an international shipping point of view. The Minister convinced us—well, she said there was no problem and she thought it would be all right and within scope. The only difference, therefore, is how many times a service goes into a port before it ceases to cause an international problem? I do not know the answer to that, but I cannot believe that, if it is all right to have 120 visits a year, it is somehow illegal to have 52.

The noble Baroness also raised the question of foreign-flag ships. I thought we had established that it applied to any ship, regardless of what flag, so I do not think the foreign flag comes into it at all.

I am grateful to my noble friend Lord Hendy for setting out in more detail what the RMT has sent us, but seafarers who are operating on a service where the cook gets paid £2 an hour might look askance at sea- farers who are getting the national minimum wage because they happen to be going on a short sea crossing where P&O had caused some problems earlier this year. It does not seem logical to me.

--- Later in debate ---

[Baroness Vere of Norbiton (Con)]

My Lords, the amendment in this group in the name of the noble Baroness, Lady Scott of Needham Market, relates to the refusal of access. The refusal of access is one way in which we establish the provision of national minimum wage declarations as a condition of access to ports. If this were replaced by a power of detention by the MCA, this would become a punitive measure and go beyond the voluntary mechanism envisaged by the Bill. Detention of vessels is a disproportionate and inappropriate mechanism in these circumstances. Detention of ships can also carry a significant cost to the port by blocking a berth, which is not the case if they are refused access.

The noble Baroness, Lady Randerson, has previously expressed concerns that refusal of access is unworkable as it might result in ships mid-passage being unable to dock, but this is not how the Bill will work in practice. By virtue of the high-frequency requirement, all services captured are almost certain to be on short routes, and access refusal would take place before a ship has set sail from the origin port. As set out under Clause 9, we will set out in detail in the regulations how the harbour authority is to communicate refusal of access, which will ensure that sufficient notice is given to prevent this possibility happening and to provide notice for users of the service to make alternative arrangements. We will of course be consulting closely with the ports on these draft regulations.

As an additional safeguard, the Secretary of State has a power to direct the harbour authority as to how or whether it discharges its power to refuse access, which will ensure that access is not denied where it would cause damage by disrupting key passenger services and supply chains critical for national resilience.

[Lord Berkeley (Lab)]

I am grateful to the Minister but I have a quick question. She said in reply to the noble Baroness, Lady Scott, who moved this amendment, that if the amendment were accepted it would cause a significant cost to the port. If there is significant cost to the port in Dover by this not happening, what about the cost to the port in Calais, or do we not worry about that because it is foreign? It is the same issue, just at the other end of the route.

[Baroness Vere of Norbiton (Con)]

The noble Lord is absolutely right. It would be costly to the ports and disruptive to passengers.

Doncaster Sheffield Airport

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 25th October 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

The question is more relevant to regional connectivity, which is absolutely key for growth. As we set out in our 10-year strategic framework for aviation, we are very much focused on regional connectivity. Anybody who knows the geography of the area around Doncaster Sheffield Airport knows that it is not the only airport in the area. Other airports are easily accessible from many of the places around there, so it has quite a limited, unique catchment area, which may have contributed to Peel’s decision that it was not viable in the medium term. I understand that other consultants have looked at it, potentially, for the local authorities and reached the same conclusion.

[Lord Berkeley (Lab)]

My Lords, the Minister mentioned that Doncaster has a very long runway, and my noble friend said that it was like Prestwick’s. Manston in Kent has an equally long runway, or maybe longer, and so does Newquay in Cornwall. Newquay is being used by Virgin to get the first rocket into space, I believe. Do the Government think that long runways are important, or are they quite happy for all these to be sold because we have short take-off and landing and do not need long runways any more?

[Baroness Vere of Norbiton (Con)]

Of course, they do not get sold. These runways are in private hands or the hands of local authorities. I am grateful to the noble Lord for raising the issue of Newquay. It just goes to show what airports can do. By adding a spaceport to the airport, it is broadening its revenues and looking to the future. The Government very much hope that the launch of the Virgin Orbit rocket will take place as soon as possible.

Seafarers’ Wages Bill [HL]

Debate between Lord Berkeley and Baroness Vere of Norbiton

Wednesday 12th October 2022 Grand Committee

[Lord Berkeley (Lab)]

I just want to comment on the Minister’s last statement, which was very helpful. I think she needs to recognise that the maritime industry has probably got very good PR, but some of what goes on on the ships is highly dubious. I have been honorary president of the United Kingdom Maritime Pilots’ Association for about 25 years—heaven knows why so long, it is very nice of them—and I hear stories about what pilots find when they get on the ships. It is not just that the pilot ladder might break, which sadly does happen occasionally, but that there is a language problem within the ships, or that the master sometimes cannot control the crew and that they will do anything to save tuppence ha’penny. So, I appreciate what she is saying, and in a normal business, she is probably right, but in this sector, it may not be the ferry or the short-haul freight services, but we have to recognise that every penny seems to count and usually it is very bad for some of the crew.

[Baroness Vere of Norbiton (Con)]

Of course, the noble Lord has much more experience aboard such vessels than me, and I will take his word about some of the conditions on ships. Indeed, we heard during Covid how what happened on ships was very distressing for some people and extremely disappointing. I take all of that on board but I go back to: I cannot fix the entire world today but what I can fix is what is before the Committee in terms of the scope of this Bill.

The noble Lord, Lord Berkeley, mentioned specific types of services, such as coasters—which apparently take English clay around the coast, et cetera—and cruise ships. This is why it is so important to do this based on the service and its frequency rather than what it is actually providing. Coasters might be caught but if they are doing only domestic work they will be caught anyway because they are in UK waters and they are caught if it is port to port within the UK, but if they are doing a run frequently—say three times a week across to France—they will be caught, and I do not see why they should not be. I have no problem with that. Let us catch them. The people working on such vessels most likely have close ties to the UK and those vessels clearly have close ties to the UK because they dock here so frequently, so it does not matter where the ship is flagged or where the employment contract is. It is the fact that it spends a lot of its time in UK waters and enters UK ports on a very frequent basis. This frequency is important.

I note that two noble Lords have tabled amendments to go down to 52 occasions from 120. We looked at this very carefully during the consultation. My current view—and of course we are going to go away and consider this—is that 52 would catch too many vessels that we did not intend to catch and would be overreach in terms of the current settlement with the international shipping community. Again, we might be entering the sort of territory where the unintended consequences would be quite significant. I go back to the fact that this is a narrow Bill, it has a narrow scope, it does a very specific thing, and I would like it to do that specific thing on services which dock here 120 times a year.

Amendments 7 and 8 refer to this issue of “a harbour”, “the harbour” or “harbours”. We have established what “a harbour” is—so that is done—and we are very clear that the service is to a particular harbour. It is not to “a harbour” within the UK because Calais-Dover is not the same as a service running from Calais to any other harbour. The route is specified. It is the same route, not using the same ships, high frequency to a specific harbour. We think that is quite clear.

The noble Baroness, Lady Randerson, asked for a definition of “close ties”. I do not think I will ever be able to get to that but we have been able to define what a “service” is. Those services have close ties. It is descriptive language to define what these services are, but it is merely that. It is not something that will be legally defined and taken forward.

Stockton to Darlington Railway Anniversary

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 11th October 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I completely agree with my noble friend that this Government have been reopening abandoned routes, electrifying lines, investing in high-tech, refurbishing stations and building new tracks and trains, such as the Elizabeth line. That is what we intend to continue to do.

[Lord Berkeley (Lab)]

My Lords, would the Minister like to celebrate 2025 by telling us that we will have Royal Assent for the Great British railway legislation that we are still waiting for? It started as the Williams plan. It then became the Williams/Shapps plan, and presumably now it is going to be the Williams/Trevelyan plan. Might it ever be the Williams/Vere plan if we wait long enough?

[Baroness Vere of Norbiton (Con)]

I do not know—perhaps in my dreams. The Secretary of State is clear that the Government’s commitment to modernising rail and transforming the industry remains. We will of course legislate when parliamentary time allows.

Seafarers’ Wages Bill [HL]

Debate between Lord Berkeley and Baroness Vere of Norbiton

Wednesday 20th July 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My Lords, the Bill is clearly not the star of the show today. We have heard so many wonderfully warm words, and I was touched by so many of them, not only from my noble and learned friend Lord Mackay but from all noble Lords who paid him tribute. But I must at least try to get the House back to focus on the Bill, and that is what I intend to do.

I am very grateful to all noble Lords for their contributions and, as ever, I feel a letter coming on. We will try to get it out as soon as we can. I do not know that it will be before recess, but perhaps by the end of next week. I will try valiantly to answer as many of the questions raised as possible. I know that we will be heading into Committee on the Bill on, I think, 5 September, so it will be upon us before we know it. Thinking about it over the recess might be a very wise idea.

I cannot agree with the noble Lord, Lord Tunnicliffe, that the Bill is too narrow. We must balance that with the statement of the noble Baroness, Lady Scott, who said, “Oh, the Government are always reaching for legislation”. That is what we are trying not to do in this case; we are reaching for this legislation because it is necessary and fills a gap, but many of the other things we will be delivering in our nine-point plan do not need legislation, so we will not put them in legislation. Noble Lords know that we are overwhelmed with legislation; do not even get me on to secondary legislation, which we must also make sure is completely fit for purpose so that we do not end up overregulating and having too many debates on things that, frankly, do not need legislating. I am content with the scope of the Bill and the extent to which it applies.

There is always that very interesting balance in maritime between the Government being very focused on domestic priorities, for the protection of domestic workers operating with very close ties to the UK, and what is an extremely international market for maritime but which is governed by international laws, conventions, agreements, all sorts of things that make up the maritime ecosystem. We are very clear that we do not want to be upsetting that ecosystem and we are content that this Bill does not do that. We are also very clear when it comes to, for example, access to ports in an emergency or for the welfare of the people on board, a vessel would never be barred from entering a port in such circumstances. Therefore, I am content that this reaches that appropriate balance between the domestic priorities and the broader maritime framework, which is set mostly internationally.

The noble Lord, Lord Tunnicliffe, asked why there was no longer a harbours Bill. There was a name change. It is nothing more significant than that. I was expecting something called a “harbours something-or-other”, but there was a name change and, lo and behold, we are calling it something which much better reflects the intention, since our target is the seafarers, not the harbours. We are all after the people, and therefore it was quite right that we changed the name.

I think that I have covered the issues raised by the noble Lord, Lord Mountevans, as well. I take his point, and he is hugely experienced regarding our international reputation. As we have set out in our nine-point plan, we will be working with international partners. We will not be putting this in the Bill because it is not within our gift to deliver it. That does not mean that we will not work extremely hard; at the moment we are engaging with eight European countries on seafarers protections and welfare more generally, and to explore the creation of the minimum wage equivalent corridors. I do not say that this will necessarily be easy, but there are many like-minded seafaring nations which would want to see certain agreements being reached. Discussions are currently at an early stage, but we are pursuing them as a matter of priority.

A number of noble Lords mentioned the conflict that might exist between ports’ commercial interests and their statutory duties. We are clear that we must be cognizant of that but also, because the Secretary of State has the power to issue directions, it is the case that in the event of any doubt that those two things were not being performed correctly, I am afraid that the MCA and probably the Secretary of State would have things to say. However, I must reiterate that when it comes to the ports, we do not really want them to do very much at all. By the time that we have passed the secondary legislation for the declarations, the declarations will be standard, they will have been consulted on, and we will have discussed them with the various stakeholders, so it will be a very transactional relationship. They have a transactional relationship with visiting vessels already, so it is just one more cog in that particular transactional relationship.

Therefore, the ports will not be performing any sort of enforcement function at all. I note the comments from my noble friend Lord Balfe but, as I said, we are quite clear on what we want the ports to do. I look forward to talking through the secondary legislation when we discuss the process in more detail. If we get the secondary legislation right, if the process is really effective, then the role of ports will be minimised.

The noble Baroness, Lady Bakewell, asked about the term “non-qualifying seafarers”. This is going to get a little complicated, because we are trying to capture non-qualifying seafarers; they do not qualify for the national minimum wage and we want to make them qualify for the equivalent, which we are setting up. We want all workers on vessels with close links to the UK to be covered. I reassure the noble Lord, Lord Tunnicliffe, that we are focused on improving the rights of seafarers, both in the UK and by working with international structures.

The noble Lord, Lord Mann, mentioned some quite broad elements around workers’ rights and pay and conditions. The Bill seeks to amend the law in a limited and specific way. I will come back to this again and again in Committee: it is about workers with close ties to the UK, in UK waters. That is our focus in getting the Bill through Parliament. He mentioned a Bermuda judgment on pensions, but he is testing my knowledge so I will have to write on that matter.

I sense that we may have some discussions in Committee on the question of services as well. We considered all sorts of different frequency definitions, various types of vessel and the sorts of services they offer. It all got bogged down very quickly and could have ended up causing significant distortions to the market, as people try to change what their vessel does to fit into a different category. We do not want that; we are after simplicity here. We really are.

We decided on 120 days, which is equivalent to once every 72 hours, because we felt it was the right balance between workers on board having a close tie to the UK—I will come back to that a lot—and capturing as many of the vessels that we want to capture. We have analysed past data, which suggest that a large majority of ferry services would be captured in this scope. DfT statistics suggest that, had the policy been in effect in 2019, approximately 98% of passenger ferry voyages would have been captured and 70% of non-passenger ferry voyages carrying freight would have been in scope. Very few bulk, container and other such services would have fallen in scope—for example, for 1999, 7% of fully cellular container voyages to and from UK ports and a tiny proportion of the dry/liquid bulk services would have been in scope. I think we have the right balance.

The noble Lord, Lord Berkeley, mentioned cruises. If it is a UK cruise that stays in UK waters, it will be paying the minimum wage, because that is already in the regulations. However, if the cruise ship is going far away, it will not be covered, because it does not have close ties to the UK, is not back and forth or visiting our shores very frequently. That is the distinction we have made.

[Lord Berkeley (Lab)]

I am very grateful for the noble Baroness’s comments. She spoke about ships that do not have close ties to the UK, but we are talking about workers on those ships and whether they have close ties. It would be helpful if she could define that now or in writing.

[Baroness Vere of Norbiton (Con)]

Is it not really about the service? We cannot legislate for UK workers working in international waters or in any country in the world. That is what we must balance here. If we wanted to include cruises, we would have to include every vessel that pops into UK waters. The administration of that would blow up; it is not going to work. We will debate this in Committee, but I think we have reached the right balance. I do not know that noble Lords will be able to convince me that we have not, but I am willing to let them try.

I turn briefly to enforcement, which is a really important point. This is where the MCA will step up to enforce the system as a whole. We expect the cost of enforcement to be about £359,000 over 10 years. That is a relatively small amount in the context of the work of the MCA, because it can be done alongside its many other inspections.

The framework around the surcharges will be set out in secondary legislation. The noble Baroness, Lady Bakewell, was concerned about the ports setting the surcharge, but they will not. If a port for whatever reason had a ship approach and thought, “That’s a friendly ship; we’re not going to charge it a surcharge”, the Secretary of State could direct it to charge the surcharge. That gets round the issue where you might have a port and a ferry service operated by the same operator. The Secretary of State’s beady eye will be there to make sure that it does as it should.

I will come to the point made by the noble Lord, Lord Tunnicliffe, about minimum fines. The noble Lord, Lord Shipley, raised a point about a port being an enforcement authority; it definitely is not going to be. The noble Baroness, Lady Scott, asked about criminal charges. It will be for the ship operator, which is standard for maritime, to suffer any penalties relating to the Bill.

I am going to finish off with my favourite topic—secondary legislation. I think someone said “good”; I am not sure who it was. I am really offended, but I am going to talk about secondary legislation just so we can suffer a little longer. This is important because I have noted that Grand Committee is on 15 September, and we will not have full draft regulations by then. I am sort of thinking that this is probably not the worst idea in the world. We will have detailed policy notes, but as we go through Committee and debate the sorts of things we are proposing to put into secondary legislation, I think having detailed policy notes will be sufficient to aid our thinking, and issues may certainly come up in the discussion that we may want to reflect in the regulations or perhaps draft the regulations in a slightly different way.

I believe I have covered some of the questions asked by noble Lords today.

HS2: Speed Restrictions

Debate between Lord Berkeley and Baroness Vere of Norbiton

Wednesday 13th July 2022 Lords Chamber

[Lord Berkeley]

To ask Her Majesty’s Government what steps they are taking to avoid significant settlements, and consequent speed restrictions, on the route of the HS2 rail line in the area above the Cheshire salt mines north of Crewe.

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

My Lords, HS2 Ltd has undertaken ground investigations to increase the understanding of geological risks associated with settlement. This work supplements examination of information from the British Geological Survey, historic boreholes, salt extraction operators and action groups. This information has informed the current design.

[Lord Berkeley (Lab)]

I am grateful to the noble Baroness for that helpful Answer. She will be aware that underneath the area where the line goes north of Crewe, there are caverns that are 200 metres high, and only 25% of the salt is remaining and the rest has been extracted. It has been settling for 100 years and probably will continue to settle for that length of time. What is HS2 going to do to ensure that the line remains straight and level, which is necessary for high-speed rail work?

[Baroness Vere of Norbiton (Con)]

Of course, HS2 is well aware of what has happened underneath the Cheshire Basin, and I noted in my previous Answer that groundworks have been undertaken. I am pleased to reassure the noble Lord that that is not the end of it. Plenty more work still needs to be done. A full programme of ground investigations across the entire route will happen between 2023 and late 2025. HS2 is confident that the line can be built on this route at an appropriate cost.

High Speed Rail (Crewe–Manchester) Bill

Debate between Lord Berkeley and Baroness Vere of Norbiton

Wednesday 6th July 2022 Lords Chamber

[Baroness Vere of Norbiton]

1. That if—

(a) a High Speed Rail (Crewe–Manchester) Bill is first brought to this House from the House of Commons in this Session of Parliament (“the current session”), and

(b) the proceedings on the Bill in this House are not completed in the current session, further proceedings on the Bill shall be suspended from the day on which the current session ends until the next Session of Parliament (“Session 2023–24”).

2. That if, where paragraph 1 applies, a bill in the same terms as those in which the High Speed Rail (Crewe–Manchester) Bill stood when it was brought to this House in the current session is brought from the House of Commons in Session 2023–24—

(a) the proceedings on the bill in Session 2023–24 shall be pro forma in regard to every stage through which the bill has passed in the current session;

(b) the Standing Orders of the House applicable to the bill, so far as complied with or dispensed with in the current Session or in the previous Session of Parliament (“Session 2021–22”), shall be deemed to have been complied with or (as the case may be) dispensed with in Session 2023–24;

(c) any resolution relating to the Habitats Regulations that is passed by the House in the current session in relation to the Bill shall be deemed to have been passed by the House in Session 2023–24; and

(d) if there is outstanding any petition deposited against the bill in accordance with an order of the House—

(i) any such petition shall be taken to be deposited against the bill in Session 2023–24 and shall stand referred to any select committee on the bill in that Session; and

(ii) any minutes of evidence taken before a select committee on the bill in the current session shall stand referred to any select committee on the bill in Session 2023–24.

3. That if proceedings on the Bill are resumed in accordance with paragraph 2 but are not completed before the end of Session 2023–24, further proceedings on the Bill shall be suspended from the day on which that Session ends until the first Session of the next Parliament (“Session 2024–25”).

4. That if, where paragraph 3 applies, a bill in the same terms as those in which the High Speed Rail (Crewe–Manchester) Bill stood when it was brought to this House in the session 2023–24 is brought from the House of Commons in Session 2024–25—

(a) the proceedings on the bill in Session 2024–25 shall be pro forma in regard to every stage through which the bill has passed in Session 2023–24 or in the current session;

(b) the Standing Orders of the House applicable to the bill, so far as complied with or dispensed with in Session 2023–24 or in the current Session or in Session 2021–22, shall be deemed to have been complied with or (as the case may be) dispensed with in Session 2024–25;

(c) any resolution relating to the Habitats Regulations that is passed by the House in Session 2023–24 or in the current session in relation to the Bill shall be deemed to have been passed by the House in Session 2024–25; and

(d) if there is outstanding any petition deposited against the bill in accordance with an order of the House—

(i) any such petition shall be taken to be deposited against the bill in Session 2024–25 and shall stand referred to any select committee on the bill in that Session; and

(ii) any minutes of evidence taken before a select committee on the bill in Session 2023–24 or in the current session shall stand referred to any select committee on the bill in Session 2024–25.

5. That if a High Speed Rail (Crewe–Manchester) Bill is first brought to this House from the House of Commons in Session 2023–24 the Standing Orders of the House applicable to the bill, so far as complied with or dispensed with in the current session or in Session 2021–22, shall be deemed to have been complied with or (as the case may be) dispensed with in Session 2023–24.

6. That if—

(a) a High Speed Rail (Crewe–Manchester) Bill is first brought to this House from the House of Commons in Session 2023–24, and

(b) the proceedings on the Bill in this House are not completed in Session 2023–24, further proceedings on the Bill shall be suspended from the day on which Session 2023–24 ends until Session 2024–25.

7. That if, where paragraph 6 applies, a bill in the same terms as those in which the High Speed Rail (Crewe–Manchester) Bill stood when it was brought to this House in Session 2023–24 is brought from the House of Commons in Session 2024–25—

(a) the proceedings on the bill in Session 2024–25 shall be pro forma in regard to every stage through which the bill has passed in Session 2023–24;

(b) the Standing Orders of the House applicable to the bill, so far as complied with or dispensed with in Session 2023–24 or in the current session or in Session 2021–22, shall be deemed to have been complied with or (as the case may be) dispensed with in Session 2024–25;

(c) any resolution relating to the Habitats Regulations that is passed by the House in Session 2023–24 in relation to the Bill shall be deemed to have been passed by the House in Session 2024–25; and

(d) if there is outstanding any petition deposited against the bill in accordance with an order of the House—

(i) any such petition shall be taken to be deposited against the bill in Session 2024–25 and shall stand referred to any select committee on the bill in that Session; and

(ii) any minutes of evidence taken before a select committee on the bill in Session 2023–24 shall stand referred to any select committee on the bill in Session 2024–25.

8. In paragraphs 1, 3 and 6 above, references to further proceedings do not include proceedings under Standing Order 83A(8) (deposit of supplementary environmental information).

9. In paragraphs 2, 4 and 7 above, references to the Habitats Regulations are to the Conservation of Habitats and Species Regulations 2017.

[Lord Berkeley (Lab)]

The House will know that this is a standard carry-over Motion, and it is welcome, but I question the timing. This Bill has only recently had its Second Reading in the House of Commons and will probably take another year or so in Select Committee there, so why today? I ask the Minister: is it something that is normal at this stage in a Bill process, or are the Government preparing for an early election and making sure that everything is ready in case there is one?

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

I reassure the noble Lord that this a very standard process. The date is today because it is convenient for it to be today. It is a very regular procedure, as he has stated. So, if I were him, I would not read too much into it.

West Coast Main Line

Debate between Lord Berkeley and Baroness Vere of Norbiton

Monday 4th July 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My Lords, I am grateful to the noble Baroness for the warning about the 0745 Stoke-on-Trent to Manchester but, as she pointed out, the removal of that service is temporary. It will be reinstated. Noble Lords will be aware that there has been a significant uptick in the number of cases of Covid recently, leading to short-term staff unavailability. That has had a knock-on impact on training for new staff coming in to support these services. Avanti West Coast is working very hard to minimise the impact on passengers. All cancellations are regrettable. Often these circumstances are quite fast-moving, and changes are temporary, so traditional consultation does not usually happen. However, usually the train operating companies will work with the local markets and with key stakeholders to understand any impact.

[Lord Berkeley (Lab)]

My Lords, Great British Railways is coming into effect in, I am sure the Minister hopes, a couple of years. She will be directly responsible for all the trains that are on time and late, as well as for the infrastructure. Does she relish that? If not, who will she blame?

[Baroness Vere of Norbiton (Con)]

I hope that it will not be me personally, as I am not the Rail Minister, though it will be the Government. However, Great British Railways will be a body set up specifically for all those things that the noble Lord has pointed out, which will be to the benefit of passengers and freight since it will bring everything under one overarching umbrella. Will the Secretary of State and any Rail Minister at that time micromanage the network? Absolutely not. However, there will be one guiding mind. That is our ambition for Great British Railways.

Airports: Delays

Debate between Lord Berkeley and Baroness Vere of Norbiton

Thursday 30th June 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My noble friend is absolutely right. The strategic risk group is now well under way. It meets weekly at the highest level. It is a CEO-level meeting with the Aviation Minister. It is working on all of the mitigations to the risks as they become higher up the priority list and therefore more urgent. The 22 measures are some of the things that have resulted from the strategic risk group and, indeed, from other conversations that are happening, particularly on the operational side of matters. On night flights, the Government are well aware that there is always a balance between the aviation travelling public and the communities that live and work near airports. The current rules extend to October 2025 and the Government have no plans to change them.

[Lord Berkeley (Lab)]

My Lords, is it not about time that the airlines stopped selling tickets that they cannot deliver? Should they not reduce the number of sales until they are absolutely certain that they, the airports, their colleagues and the immigration centre have enough resources?

[Baroness Vere of Norbiton (Con)]

That is exactly what the Government have said to the aviation sector. The Government and the CAA wrote to the sector, both the airports and airlines, to set out the expectations for both over the summer period. The first of those is that summer schedules must be reviewed to make sure that they are deliverable. To that end, the Government are changing the regulations with regard to slots, to introduce a slot amnesty for a part of the summer.

Industrial Action on the Railways

Debate between Lord Berkeley and Baroness Vere of Norbiton

Monday 20th June 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I recognise that my noble friend is trying to be helpful here, and I appreciate it, but the Government are committed to working with the train operating companies to put in place as many services as we can to minimise disruption to both freight and passenger operations where possible. Shutting the railway for the entire week would be shooting ourselves in the foot. We absolutely need to provide those services for as many people as possible, because we know that so many people are reliant on the railways.

[Lord Berkeley (Lab)]

My Lords, I get the impression that this crisis has just occurred in the past week, but that is not the case. The trade unions have been talking about this for a long time; the Government have been talking about Great British Railways for a very long time. We do not really know the extent to which these two issues are combined and whether the noble Baroness’s wish for change and the examples she gave will be included in legislation, but it seems very odd that we are now waiting until the last day before anything significant is happening.

I do not buy this business that the Government are not a principal. Since Covid, for very good reasons, the Government have been micromanaging the railways, as the noble Lord, Lord Fox, said. They are not allowing the train operators or Network Rail to negotiate. I do not know whether they mind about that but if they do not, the Government should take it on themselves.

I ask the Minister: what next? We have three strikes this week and, if there is no solution, what happens next? She and the noble Lord, Lord Fox, mentioned agency workers, but the last time we had an issue with agency workers related to P&O Ferries. Ministers were quite critical of P&O, to the extent that the Secretary of State said that he would sack its chairman. Whether he actually had the power to sack the chairman is a different matter, but if this goes on and agency workers are brought in, how can the Secretary of State sack himself? That really would not work. I hope that next week or by the end of this week, whatever the reasons, the Government encourage everybody to sit around the table and start talking about change and how it can be implemented while keeping the services going at the same time. As the Minister said, in France—I have a lot of experience of what happened on the railways in France—there is a rule that the trade unions allow one train in four to keep going, whatever the strike, so that there is at least a minimum service.

[Baroness Vere of Norbiton (Con)]

The noble Lord, Lord Berkeley, asked: what next? The most important thing, to my mind, is for the unions to come back to the table—to sit down with the train operating companies and Network Rail to reach a resolution.

Ryanair: Afrikaans Language Test

Debate between Lord Berkeley and Baroness Vere of Norbiton

Thursday 9th June 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I will certainly take that idea away and see whether it is a route that will achieve the quickest resolution to this matter.

[Lord Berkeley (Lab)]

My Lords, following on from my noble friend Lord Foulkes’s question, could the Minister have a look at the processes at Prestwick Airport? I am told that passengers can go through without any delay whatsoever. Maybe they have got something to teach the rest of us.

[Baroness Vere of Norbiton (Con)]

If we are talking about specific experiences at specific airports, I landed at Gatwick on Friday afternoon and 30 minutes later, I was standing outside waiting for my minicab. The point is that it is not happening at all airports at all times. There are certainly peaks when things are falling over a little, and that is the thing we really have to tackle. As I say, the Government are well aware of the issues and we are looking to see what we can do.

Electric Vehicles: Supporting Access

Debate between Lord Berkeley and Baroness Vere of Norbiton

Monday 6th June 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My Lords, the Government are doing an enormous amount to make sure that the take-up of electric vehicles is as swift as possible. We have introduced plug-in grants, we will be spending £1.6 billion in total to support charging infrastructure, and there are favourable tax elements relating to zero-emission vehicles. At the moment, the Government do not have any plans to introduce a specific zero-interest loan scheme for the purchase of electric vehicles, although there are various loan schemes on the market that people may wish to look at. On the zero-emission vehicle mandate, we are currently conducting a technical consultation on the design parameters for the mandate, which is open until 10 June.

[Lord Berkeley (Lab)]

My Lords, the noble Baroness said that it is cheaper to run electric vehicles, but that rather depends on the price that people have to pay for buying the current. Would she agree that those who are in most need of cheaper vehicles will probably be paying the highest price for their electricity, depending on where they get it from? In addition, when will she insist that all the plugs and sockets for the different makes of cars are interchangeable?

[Baroness Vere of Norbiton (Con)]

The noble Lord was quite right to say that it depends on where people get the electricity from. It is the case that, for many people who are able to charge at home using off-peak electricity, prices can be as low as 2p per mile for the running costs of an electric vehicle. However, the Government are very cognisant of the fact that we need to introduce charging infrastructure in more places other than peoples’ driveways, which is why we reformed the Electric Vehicle Homecharge Scheme in April 2022 to provide more help for those in flats and in buildings owned by others.

West Coast Main Line

Debate between Lord Berkeley and Baroness Vere of Norbiton

Wednesday 27th April 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My Lords, had I turned up late to the Dispatch Box, obviously I might have had to resign—but not today. It should be remembered that we understand that there have been various issues relating to services. We work extremely closely with all the train operating companies, as the customers come back to the railways, to make sure that they run on time. There has been an issue around cancellations regarding staff-related absence, but we are working through that and things are improving. Of course, part of having these contracts in place means that we will be able to get better service for customers.

[Lord Berkeley (Lab)]

My Lords, I have heard the same stories as my noble friend about the pretty appalling customer service from Avanti, and I reflect on the fact that the present structure seems to require the Treasury to micromanage everything—even if Network Rail wants to paint the railings on a station, it has to get Treasury approval. This is probably not a very efficient way of working. Can the Minister assure the House that, when we hear details of the Great British Railways, which is going to save us all from appalling services, that will be taken into account and somehow there will be some delegation and authority for the railways to run on their own with incentives and not too much bureaucracy?

[Baroness Vere of Norbiton (Con)]

I absolutely agree with what the noble Lord has just said. Of course, the Great British Railways transition team is already focused on delivering improved services for customers and driving revenue recovery. At the moment we know that passenger demand is about two-thirds of what it was pre-pandemic. It is looking very closely at boosting strategic freight again which is really important and developing this whole 30-year vision for how we want our railways to operate in the longer term.

High Speed Rail (Crewe–Manchester) Bill

Debate between Lord Berkeley and Baroness Vere of Norbiton

Wednesday 27th April 2022 Lords Chamber

[Baroness Vere of Norbiton]

That if a High Speed Rail (Crewe–Manchester) Bill is brought from the House of Commons in the next session of Parliament the Standing Orders of the House applicable to the bill, so far as complied with or dispensed with in this session, shall be deemed to have been complied with or (as the case may be) dispensed with in the next session.

[Lord Berkeley (Lab)]

My Lords, I would like to speak very briefly to this Motion. I emphasise that I am not suggesting that I oppose it; it is a normal procedure Motion, and it should in my view carry over. However, I want to raise two issues of some concern about the progress of a Bill that will start in the other place and eventually come here.

First, I detected serious disagreements between different authorities in the Midlands and the north about what is in the integrated rail plan and the present Bill, which concerns Crewe to Manchester. There were quite public disagreements, and I am not sure how they can be resolved, but they clearly do need resolving to meet the objective—which the Government have rightly followed —of prioritising east-west improvements in the Midlands and the north. I am hoping that the noble Lord, Lord McLoughlin, who has just been appointed chair of Transport for the North, will be able to help with this.

My other concern is over budgets. The integrated rail plan budget of £96 billion was designed to set out the rail improvements that need doing as well as HS2, but it includes the HS2 budget. If you deduct from that £96 billion what is already going to be spent on HS2 from London to Crewe, there is actually no money left at all for other projects. That is really serious from the point of view of the people in the north and Midlands who want improved east-west connections. One of the main questions is whether the Manchester terminal for HS2 should be a surface station or underground so that you can carry on through to other places. I think the second option is more important and modern. But that is not the point; it needs agreement between all the parties.

One of the problems with a hybrid Bill is that once Second Reading has been agreed in the other place, it is very difficult—in fact, almost impossible—to make any changes. I know that some colleagues from all parts of the House of Commons would like to kill the Bill. This would be a very great shame. I am not saying I support what they are doing. It would be a shame to kill it, because so much work has gone into it.

I think it would be useful if the progress of the Bill were paused until there were proper agreement between all these authorities and the Department for Transport about what is really wanted. Is there a sufficient budget to achieve it? If that were to delay things by a few months, so much the better. It is difficult to start a Bill in the other place at this stage when one, if not more, of the major mayors in the area is highly critical of what is being done. I hope that this can be resolved. I am sure the Minister will have some views on this and I look forward to her comments.

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

My Lords, I simply do not recognise many of the noble Lord’s concerns, particularly around things such as budgets. I am well aware of his feelings about the HS2 project. We have had many conversations and debates, both in your Lordships’ House and beyond, about it. His views are well known. I am not surprised that the noble Lord has raised these issues in the manner in which he has done, and I am sure that he would like to see the Bill paused—but it is not going to be.

This hybrid Bill will probably take three to four years to complete its parliamentary passage, which is perfectly normal for a hybrid Bill. The noble Lord raised important issues about getting people to agree and understand. The petitioning process is part of that process, to ensure that we make people as happy as we possibly can in the context of building a very substantial transport infrastructure project. So, no, the Bill will not be paused and I beg to move.

Motion agreed.

P&O Ferries

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 29th March 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I reassure the noble Baroness that we are reviewing all of our relationships and contracts with both P&O Ferries and DP World.

[Lord Berkeley (Lab)]

My Lords, following on from the questions from my noble friend Lord Snape and the noble Baroness, Lady Randerson, can the Minister explain the difference in employment rights and arrangements between the various ships operating in UK waters? What are UK waters? Do they include Dover to Calais, Northern Ireland to Scotland or England, and—I think probably not—Dublin to Holyhead? How do these arrangements vary or differ from the contracts for ships which may be registered in the UK but are longer distance and still international, carrying containers or oil? There seems to be a lot of confusion, which I suspect P&O directors are trying to take advantage of by various devious means.

[Baroness Vere of Norbiton (Con)]

The noble Lord has highlighted the complexity of employment law in the maritime sector. The International Labour Organization has the Maritime Labour Convention, which sets out the minimum standards for some key employment and working conditions policy areas. However, it does not go nearly as far as we are able to go from a UK perspective for seafarers who are UK residents, work on a UK-registered vessel and are ordinarily working in the UK. We are able to offer them the same levels of protections as they would get if they were working onshore.

Payments to Train Operating Companies

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 15th March 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My Lords, I am always thinking about Yorkshire. The noble Baroness raises an important point. There is an amount of money that will be going into the system, which will be used to service what is at the moment a lower number of passengers. That is where we must get the balance right. We must work with industry to support it on the initiatives and boost demand, also ensuring that the services are there when they are needed. The increase of 3.8%, compared with what inflation is currently, is not significant, given that we could have had a more significant increase had we used an RPI from a later month.

[Lord Berkeley (Lab)]

My Lords, I press the Minister a little more on the question asked by my noble friend Lord Rosser about Network Rail’s costs. I understand from many in the industry that Network Rail has been told to cut its costs by 40% in the coming year. That seems an enormous amount, compared with what it is doing at the moment and the need for safety. Can she confirm whether that is true or completely wrong?

Electric Vehicle Charge Points

Debate between Lord Berkeley and Baroness Vere of Norbiton

Wednesday 26th January 2022 Lords Chamber

[Lord Berkeley]

To ask Her Majesty’s Government why they have removed the requirement for there to be an electric vehicle charge point in all existing non-residential properties with more than 20 parking spaces; and what assessment they have made of the implications of this change for their net zero target.

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

My Lords, we believe that a more ambitious and tailored approach is needed for existing non-residential car parks. We have already progressed this policy and are currently analysing feedback from a further consultation on the future of transport regulatory review. The noble Lord asks why proposals have been removed. I am unclear as to where he feels they have been removed from.

[Lord Berkeley (Lab)]

My Lords, I got this information from the Government’s Consultation Response: EV Charge Points in Residential and Non-residential Buildings, dated November 2021. The executive summary says:

“The Government will not introduce the proposed requirement for one charge point in all existing non-residential properties with more than 20 parking spaces.”


To me, that means that they have cancelled the need to put charging points in existing car parks. Maybe they do not think charging points are necessary; maybe we do not need electric cars. It is a bit of a confusing policy.

[Baroness Vere of Norbiton (Con)]

I understand why the noble Lord might have been a little confused by that sentence. It is not the case that we are not going to do it at all; rather, we are not going to do that specific proposal. The feedback we received from our original consultation back in 2019 suggested that the proposals were not ambitious enough and that details on the implementation and the impact were unclear. We agreed that perhaps we could be more ambitious. That is why we consulted again on the future of transport regulatory review, which closed on 22 November. It sought further views on this topic. Proposals in this area are absolutely still under consideration; we just want them to be as ambitious as possible.

Train Driving Licences and Certificates (Amendment) Regulations 2022

Debate between Lord Berkeley and Baroness Vere of Norbiton

Monday 24th January 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

Correct, but, as I mentioned, the training is the same on both sides and there should be no barrier to the driver getting that second licence.

[Lord Berkeley (Lab)]

My Lords, I am very grateful to all noble Lords who have spoken in this short debate. I am also grateful to the Minister for her answers, which have cleared up a lot of our questions, and for the regularity with which she writes letters to speakers after these debates. They are incredibly helpful—I may not agree with them, but they are really helpful. I thank her for that, and I am sure we will get a good one today—or it may now be tomorrow.

It was really good to hear comments from several noble Lords about the need for a vision. That is really important at the moment for the railways, particularly cross-channel. We had a debate about a year ago about whether Eurostar would survive during Covid and what the Government were going to do about that. It is important that the Government facilitate, encourage and do whatever they can to get as many new services through the tunnel as possible to whatever destinations make commercial sense.

I am sure we will return to this, but it was interesting to hear the Minister’s comments at the end in response to the noble Baroness, Lady Randerson, about HGVs. Everyone thought that, two years after Brexit, it would all be sorted out. It may be that the railway has got there before the roads, for once. I beg leave to withdraw my amendment.

Railway Timetables: Disruption

Debate between Lord Berkeley and Baroness Vere of Norbiton

Thursday 13th January 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

The Government are very keen for passengers to return to the railways. We are working closely with the industry as it supports demand and revenue recovery. However, we accept that there may be enduring changes in the way in which people travel, whether it be for work versus leisure. That is why the Rail Delivery Group is working closely with VisitBritain to establish a new domestic rail tourism product, so that we might perhaps go interrailing around our own nation.

[Lord Berkeley (Lab)]

My Lords, the noble Baroness, Lady Randerson, mentioned the 10% cut that the Treasury has asked all the rail industry to impose. Can the Minister confirm that the Night Riviera sleeper, which keeps Cornwall connected to London and the rest of the country, is safe from this, or will that be cut as part of the 10%?

[Baroness Vere of Norbiton (Con)]

My Lords, I cannot comment on the Night Riviera sleeper; I wish I could, but I will write if I can find out any information on it. However, we do need to look at our railways to ensure that they are financially sustainable for the future. The Government have committed £14 billion since the start of the pandemic to support our rail sector. We know that in future, we will be looking for workforce reforms and cost efficiencies. We want passengers to come back and, of course, overall, we want an excellent performance for all passengers and freight.

Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Order 2022

Debate between Lord Berkeley and Baroness Vere of Norbiton

Thursday 13th January 2022 Grand Committee

[Lord Berkeley (Lab)]

Before the noble Baroness sits down, could she write with a list of prosecutions that the MCA has done on these issues? She mentioned that, for non-compliance, the MCA would be the prosecuting authority. Has it done any yet?

[Baroness Vere of Norbiton (Con)]

It would not have done anything against the convention, because, obviously, the convention is not implemented yet. So that would be a difficult list to compile at this stage. Perhaps I will send the noble Lord some nice information about the MCA and its enforcement, shall I? Excellent. We will do that. I beg to move.

Global Traffic Scorecard: London

Debate between Lord Berkeley and Baroness Vere of Norbiton

Wednesday 5th January 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I reassure my noble friend that we still believe that vehicular congestion has an economic cost; this can be a personal economic cost and a national economic cost. But we do not estimate a total cost of congestion on the road network as a whole; that is not routinely assessed by the department. We look at things such as journey time savings on road schemes appraisal, alongside many other impacts, be they economic, social or environmental, to make the right decisions.

[Lord Berkeley (Lab)]

My Lords, does the Minister agree that the three most congested roads in London are the A503, the A2 and the North Circular Road, which are multilane roads with no cycle lanes? Would she also agree that the Blackfriars north-south cycle route now carries five times more people per route than the carriageway next to it? Is there not an argument for having more cycle routes, in particular on the high street in Kensington, which Kensington and Chelsea council has removed illegally?

[Baroness Vere of Norbiton (Con)]

Oh, my Lords, not again. The noble Lord has clearly been looking at the INRIX report in some detail. It is correct that the roads he cites are some of the most congested in London, but that does not necessarily mean that they are ripe for a cycle path. What one does need is effective cycle networks running through long distances. He rightly mentions the one over Blackfriars Bridge, which is a huge success. It is up to the Mayor of London, working with the local highways authorities, to put these in place.

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

Debate between Lord Berkeley and Baroness Vere of Norbiton

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.

Electric Vehicles (Smart Charge Points) Regulations 2021

Debate between Lord Berkeley and Baroness Vere of Norbiton

Monday 6th December 2021 Lords Chamber

[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.

Isles of Scilly: Ships

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 23rd November 2021 Lords Chamber

[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

Debate between Lord Berkeley and Baroness Vere of Norbiton

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

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 7th September 2021 Lords Chamber

[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

Debate between Lord Berkeley and Baroness Vere of Norbiton

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.

Historical Railways Estate

Debate between Lord Berkeley and Baroness Vere of Norbiton

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.

International Travel

Debate between Lord Berkeley and Baroness Vere of Norbiton

Thursday 1st July 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

As I have set out previously—I agree with my noble friend—the travel industry is having a very difficult time, but we can see a light at the end of the tunnel. We have to make sure that we act with public health as our priority. We must have a cautious approach, because we cannot risk everything that we have been able to do with the vaccine programme by importing variants of concern from overseas.

[Lord Berkeley (Lab)]

My Lords, in the Financial Times yesterday, Ministers are quoted as saying that any businessman coming into this country who could offer £300 million—I think that was the figure—of investment in the country could be exempted from quarantine. Can I ask the Minister whether that would have applied to Mr Greensill and Mr Gupta, who have been saving the British steel industry for decades? How does this work, in terms of the medical reasons for doing it? Is this not a case of double standards for those that Ministers like?

[Baroness Vere of Norbiton (Con)]

Let me explain to the noble Lord exactly what is going on here. There is an exemption from the requirement to quarantine, and it applies to a very limited number of specific business activities where these cannot be undertaken remotely or by anyone other than the exempt executive and would serve to create or preserve very large numbers of UK jobs—500 plus. So, that is potentially where his number came from. This exemption has been very significantly tightened since a version of it was in force in December. The qualifying threshold has been increased tenfold, and its scope has been reduced to permit only the most critical activities.

North of England: Rapid Mass Transport System

Debate between Lord Berkeley and Baroness Vere of Norbiton

Monday 28th June 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

The absolute priority for this Government is to get it right. Endless amounts of pressure—questions such as “When will it be published?”—is probably not particularly helpful and leads to an awful lot of speculation. As I have said previously, we are taking due consideration of what stakeholders are saying and we are working very hard to come up with a robust, deliverable plan. That is exactly what this Government are going to do.

[Lord Berkeley (Lab)]

My Lords, the Minister is right about the Shanghai maglev, which I have been on. It is very fast and very noisy, but the technology, and therefore the costs, are very tight, because the track has to be kept within plus or minus half a millimetre in both directions, vertical and horizontal. She is absolutely right to reject it and I hope that the Government stick to their promises.

[Baroness Vere of Norbiton (Con)]

Now we are all very jealous—I too would love to go on that maglev. The noble Lord makes an important point: it is not just about the cost of infrastructure, but of operation, because it has a very high electricity consumption and can therefore be more costly to operate. I know that the Japanese system will be using superconducting electromagnetics, which should be cheaper but, although maglev has some great applications, it is not applicable everywhere.

Great British Railway Plans

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 22nd June 2021 Lords Chamber

[Lord Berkeley]

To ask Her Majesty’s Government what plans they have to integrate (1) HS2, and (2) the East West Rail project, into their Great British Railway plan.

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

My Lords, HS2 Ltd and East West Rail Ltd are currently separate from Network Rail and are delivering important additions to our rail network. The Williams-Shapps Plan for Rail is clear that they will retain their current roles and work closely with Great British Railways as it takes over responsibilities for integration.

[Lord Berkeley (Lab) [V]]

My Lords, I am grateful to the Minister for that clarification, but it seems that the statement in the Williams report that it will bring together the rail

“network under single national leadership”

is not correct. The report also states that there will be “a new focus” to deal with

“escalations in cost, gold-plating and over-specification”,

which clearly applies mainly to HS2 as the worst offender. Can the Minister explain why there are plans to remove funding from Northern Powerhouse Rail and give it to the bottomless pit of HS2?

Human Rights at Sea

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 22nd June 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

Oh, my Lords, with modern standards for lifeboats and search and rescue, I would very much hope that such a situation would not arise today. The shipwrecked seafarers would be rescued long before any decisions would need to be taken on who to eat. Modern-day search and rescue services are equipped with an astonishing range of technologies that aid both in alerting the rescue services that there is an issue and in locating persons in distress or potential distress.

[Lord Berkeley (Lab) [V]]

Nautilus International has stated that some crews in ships registered under flags of convenience, including Panama, are having their internet access restricted to maybe 25 megabytes a month. Does the Minister agree on the importance of internet access to the welfare of effective and motivated crews, especially when they have been away for a very long time? What action will the Government take to ensure that all ships entering UK ports provide unlimited broadband on their ships all the way through their voyage?

[Baroness Vere of Norbiton (Con)]

I thank the noble Lord for raising this issue. I will write to him with any further details of conversations that are ongoing where limits on broadband might be detrimental to a seafarer’s mental health.

BA and Ryanair: Customer Refunds

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 15th June 2021 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, this issue of refunds applies to holiday lets as well as airlines and other travel providers. Does the Minister agree that if members of the public book a service in good faith and the Government subsequently change the law so that using the service becomes illegal, surely the Government should compensate those who are out of pocket—or is it only for those who have shouted loudest?

[Baroness Vere of Norbiton (Con)]

I think we can all agree that the travel industry has been fundamentally changed by the Covid pandemic. There is no doubt that travelling now is very different from what it was a year ago. We are encouraging all consumers to be as flexible as possible. They must read the terms and conditions because in certain circumstances, guidance from the Government may change and a refund may not be due. However, as I said previously, if something is cancelled, a refund should be given.

Hitachi Rail: Rail Travel Disruption

Debate between Lord Berkeley and Baroness Vere of Norbiton

Wednesday 19th May 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I reassure my noble friend that of course Hitachi has the experience to undertake these repairs. It comes with a good track record of safety and a high-quality engineering pedigree. I reassure my noble friend that LNER will do whatever it can to keep the timetable going, potentially by using slightly shorter trains to ensure that services continue, as much as they can.

[Lord Berkeley (Lab) [V]]

My Lords, two weeks ago, all the trains were stopped for safety reasons, with serious reports of long cracks in aluminium. Now most have started again; presumably they are safe. Will the Minister commit to producing an urgent report on the cause of this, what has been done to put it right and how the longer-term safety of these trains will be assured?

[Baroness Vere of Norbiton (Con)]

I commit to the noble Lord that the ORR will produce a report on the safety lessons from this incident and on how passengers have been impacted.

Rail Disruption: Social and Economic Impacts

Debate between Lord Berkeley and Baroness Vere of Norbiton

Thursday 13th May 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My Lords, the agreements in place to use the affected trains contain provisions that protect the taxpayer. We expect those who have contractual performance and train availability obligations to fully compensate the taxpayer.

[Lord Berkeley (Lab) [V]]

My Lords, I am grateful to the noble Baroness, Lady Randerson, for asking this Question. I understand from the technical press that 86 out of 93 of these affected trains have either a failure of the yaw dampers, which connect the bogie to the body shell—they are quite important parts—or the lifting points, with cracks of up to one foot long. On the routes affected this clearly means that there are very few, if any, trains. These are trains designed and procured by the Government—

Cycling: Bells

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 27th April 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I agree with my noble friend that perhaps a little more could be done around making sure that motorists do not stop in those boxes because they are really key for cyclists. It is about educating the drivers of motor vehicles as well. I reassure my noble friend that this goes back to the hierarchy of road users, about which we have consulted. We have got 21,000 responses on that. That has the capacity to fundamentally change the way we think about fellow road users, in whichever mode they choose to travel, and how we keep ourselves—and them—safe.

[Lord Berkeley (Lab)]

My Lords, does the Minister agree that the biggest hazard for cyclists is actually unsafe drivers? They may be anti-social and some of the cyclists are anti-social, as other noble Lords have said. Does she agree that the common problem is the silent approach, be it by cyclists or electric cars? Surely the answer there is to make people use bells. Personally, I use a horn when I can because it is even better. It wakes up people who are probably on a mobile phone in their car.

[Baroness Vere of Norbiton (Con)]

I very much hope that they are not on their mobile phone in their car; otherwise, I shall have words. The noble Lord makes some incredibly important points. It is a question of making sure that the balance is right between the actions of the motorist and the actions of the cyclist. I think I have been able to set out what the Government are doing. We are focused on ensuring that the right balance is achieved and we need to make sure that motorists as well as cyclists behave in the way that they should.

Transport: Zero Carbon Target

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 27th April 2021 Lords Chamber

[Lord Berkeley]

To ask Her Majesty’s Government what assessment they have made of the electrical power requirements needed to enable reliable (1) hydrogen, and (2) battery, availability, in order to meet their zero carbon transport sector target.

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

My Lords, the recent energy White Paper, published in December, considered the potential future reliance of transport on electricity and clean hydrogen. It also included nearly £500 million of funding that will be made available in the next four years to build an internationally competitive electric vehicle supply chain.

[Lord Berkeley (Lab)]

My Lords, I am grateful to the Minister for that reply and the energy White Paper is certainly a contribution. Does it include all the power needed not only to produce batteries but to source the raw materials? The demand for lithium, one of the main contributors, is forecast to go up by 10 times, I think, in five years. Manufacture of hydrogen takes double the amount of electricity than it would it if you just drove a train or anything else directly by electricity. Then there are all the changes to the grid required. Can the Minister confirm that all this is included in the White Paper?

[Baroness Vere of Norbiton (Con)]

I can confirm that all these things are under consideration at the current time. It is a complex picture and there are many uncertainties as to what we will need our energy for. We are absolutely committed to ensuring a sufficient supply of low-carbon electricity. We need to ensure that the grid can cope and that we make the best use of smart energy solutions that are able to make use of plentiful renewable supply.

Transport for London: Financial Settlement

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 2nd March 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

As transport in London is devolved, the Government have not assessed the usefulness or otherwise of the River Thames. I suggest that the noble Lord takes that up with the Mayor of London.

[Lord Berkeley (Lab) [V]]

My Lords, Crossrail’s budget has been under pressure recently, and one of the stations that has not yet been started is Old Oak Common. Can the Minister tell the House what the budget is for Old Oak Common station, and how it is broken down between Crossrail, HS2 and Great Western Railway? If she cannot tell me, can she please write me?

[Baroness Vere of Norbiton (Con)]

Had the noble Lord given me fair warning of that question, I would have been delighted to answer it for the Chamber. However, I will discuss very briefly the amount of funding that the Government have been able to support for Crossrail. Back in August 2020 the board of Crossrail said that it would need another £1.1 billion, which was probably about the P70 budget. The Government have announced £825 million so that the GLA can borrow further funds to get Crossrail over the line and open to passengers.

Rail Freight: Channel Tunnel

Debate between Lord Berkeley and Baroness Vere of Norbiton

Wednesday 24th February 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

We continue to work with the French Government on seeking arrangements for the longer term. This will include recognition of operator licences, safety certificates and train driver licences. We expect the impact of the longer-term arrangements on operators, when they are agreed, to be minimal.

[Lord Berkeley (Lab) [V]]

My Lords, I thank the noble Baronesses, Lady McIntosh and Lady Vere, for their kind words. However, is one solution to increasing the volume of rail freight traffic through the tunnel not in the Minister’s hands, because of the reduction in passenger traffic and therefore the greater capacity that is available on many parts of the network? She has talked about gauge enhancement, but we need more terminals and capacity. That would attract the just-in-time deliveries that I am sure she would be very keen to see.

[Baroness Vere of Norbiton (Con)]

The noble Lord is right to say that there are things that we can do; indeed, we are doing them. Network Rail is working with the freight operating companies on timetabling to ensure that we can prioritise freight, in particular in these times of lower passenger numbers. Of course, passengers will come back to the trains one day and we need to make sure that whatever solution we put in place now is for the longer term. However, I reassure the noble Lord that we will leave no stone unturned and that we greatly welcome his input in these matters.

Rail Fares: Flexi-season Tickets

Debate between Lord Berkeley and Baroness Vere of Norbiton

Thursday 4th February 2021 Lords Chamber

[Lord Berkeley]

To ask Her Majesty’s Government what assessment they have made of the report by Transport Focus Fairer fares: the future of rail commuting, published on 18 August 2020, in particular the recommendation to trial flexi-season tickets and other marketing initiatives to encourage rail travel as Covid-19 restrictions are lifted; and what discussions they have had with railway operators about conducting such trials.

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

My Lords, the Government welcome the Transport Focus report on the future of rail commuting post Covid. We are working closely with the industry on a range of initiatives to benefit the passenger, including looking at solutions that offer better value and convenience for those who commute flexibly.

[Lord Berkeley (Lab) [V]]

My Lords, I am grateful to the Minister for that response, but to press her a little further, has the Department for Transport actually received proposals from the train operating companies to promote flexible fares to encourage passengers, including less frequent commuters, to return? Will the department allow any of the train operators which want to implement trials of such options to do so?

[Baroness Vere of Norbiton (Con)]

The Government proactively asked the train operating companies to come up with ideas for fares and other innovative passenger-led solutions as we come out of Covid. At the moment, we are building the evidence base to support the proposals—for example, on flexible season tickets—and assessing the potential commercial impact of these new products. How they are to be implemented will be published in due course.

UK Logistics Industry

Debate between Lord Berkeley and Baroness Vere of Norbiton

Monday 1st February 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I am struggling to understand the evidence behind the noble Baroness’s question. On the funding side, the Government have made available up to £200 million from the Port Infrastructure Fund, which was set aside and given to ports specifically for the things that she has outlined. On the customs side, the Government have made available up to £80 million of support for IT training and recruitment. She talks about delays for hauliers but there are very few such delays at the moment, as the empty car parks in Kent will attest.

[Lord Berkeley (Lab) [V]]

My Lords, the Minister has just said that there are very few traffic delays at the moment going to Dover, so when did the Government decide to build a third inland border facility—called White Cliffs, although of course it is nowhere near the white cliffs—on a 100-acre greenfield site on the A20? Why were residents only told about this by a ministerial letter on 31 December? Will the noble Baroness confirm that the Government will commission a full environmental impact assessment before submitting a planning application—to themselves, in this case? Why is it necessary to have a third one when there are two already apparently empty ones on the M20?

[Baroness Vere of Norbiton (Con)]

My Lords, the site to which the noble Lord refers is indeed called White Cliffs. It is not a traffic management site and is not intended to be so. It will have capacity for up to 1,200 HGVs for maybe up to five years and will serve two functions: first, for customs checks, and, secondly, for sanitary and phytosanitary checks, which are undertaken by Defra. At the moment there is a statutory engagement period for the site: it started on 13 January and closes on 10 February, and I encourage all members of the local community to respond to it so that they can have their say.

National Bus Strategy

Debate between Lord Berkeley and Baroness Vere of Norbiton

Wednesday 16th December 2020 Lords Chamber

[Baroness Vere of Norbiton (Con)]

The Government absolutely want to encourage more people on to buses and that will be a key part of the national bus strategy, which will be published next year. This is about two things: getting people who used to travel by buses back on to them, but also trying to entice those people who have not been on a bus for a while to try it. Buses are significantly different from what they used to be. In many circumstances, they are an extremely comfortable way to travel.

[Lord Berkeley (Lab) [V]]

My Lords, there is much evidence that many statutory undertakers abuse the system of emergency roadworks and leave holes in the road which block bus lanes and other traffic for many weeks. Could the Minister confirm that local authorities do have the power to enforce the urgent closure of roads while statutory undertakers may be looking for parts for them? Will the local authorities receive the money? Will the Minister encourage the Government to increase the fines for this?

[Baroness Vere of Norbiton (Con)]

Local authorities can already fine statutory undertakes up to £10,000 if they overrun. We have no evidence that emergency works are causing undue delay. In any event, a local authority can define how long such works should have to take. In certain circumstances, the works can be plated or there can be a temporary repair and they can return to make the permanent repair in due course.

High Speed Rail (West Midlands–Crewe) Bill

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 8th December 2020 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My Lords, I recognise that transparency is a key issue in relation to HS2. It enables oversight by Ministers and Parliament, and provides accountability to the public on how we are spending taxpayers’ money and on how the project is being delivered. This amendment is trying to get to the heart of this issue of transparency. However, I do not recognise that it is of any aid in this endeavour. I am not sure that I can add much more to what I already said in Committee or in subsequent meetings, but I will happily go round the track again to put the Government’s position on record.

HS2 enters into two types of agreements—confidentiality agreements and settlement agreements. Confidentiality agreements enable the exchange of information between HS2 and other individuals or organisations, including local councils and businesses. With such an agreement in place, HS2 Ltd can have open and frank conversations with the other party about a range of plans and proposals, some of which may not come off. These could include early considerations of different design options that, if made public, could cause unnecessary alarm and blight local properties.

Confidentiality agreements also enable those other parties to share information with HS2 Ltd without it being made public. These agreements are being made not because HS2 Ltd wants them, but because the other party does. For example, a small local business could share its accounts to determine the compensation available to it. This could not happen if confidentiality was not ensured.

As a number of noble Lords have noted, in the history of HS2 since 2011, 339 confidentiality agreements have been signed. Not all will have been required by HS2; some will have been required by the other contracting party. I know that some feel this is too many. I have to disagree. Thousands of landowners, businesses and councils are involved with the project, so I do not think this is disproportionate. I have the feeling that the noble Lord, Lord Rooker, does not think it is disproportionate either.

Confidentiality agreements are not entered into with staff members at HS2 Ltd. There are confidentiality obligations within staff members’ employment contracts, but this is standard business practice, consistent with that in other public sector organisations.

Settlement agreements are a completely separate form of legal undertaking. They are entirely voluntary and include confidentiality provisions in line with the guidance set out by the Cabinet Office. These agreements can be signed only when an individual has taken independent legal counsel and fully understands their rights and obligations. Settlement agreements are entered into with a small minority of staff who are leaving HS2 to document mutual actions that avoid tribunal claims, or to keep private the sums involved in certain redundancies.

Neither confidentiality agreements nor settlement agreements can be used to gag those who wish to raise concerns about HS2. Whistleblowers are protected by law and none of HS2 Ltd’s business practices contravenes or frustrates this. HS2 Ltd has a whistleblowing procedure called Speak Out, as the noble Baroness, Lady Kramer, noted. This provides a route for staff, contractors and members of the public to raise concerns. The operator of this line is independent of HS2. Queries or concerns raised through this process are investigated by HS2 Ltd’s counterfraud and ethics team, and any necessary action is taken. Where necessary, suitable independent third parties will be brought in to investigate the issues raised. Updates are provided regularly to senior HS2 leaders, including non-executive directors, who act within the seven principles of public life: selflessness, integrity, objectivity, accountability, openness, honesty and leadership.

A number of noble Lords have noted that there may be one or two deficiencies in the amendment. It states that an independent third party should have control over how HS2 Ltd uses what it refers to as non-disclosure agreements—NDAs—which are those two previous agreements I spoke about. We do not feel that this is appropriate, necessary or, indeed, helpful. This issue was considered by the Secretary of State for Transport during the passage of this Bill in the other place, including whether it might be pertinent to appoint further observers or implement new complaints processes. The conclusion was that the use of these standard agreements should not be constrained by the imposition of a third party. There is simply no evidence that such an imposition is necessary or in the public interest.

If a party wishes to enter into a confidential agreement with HS2 Ltd, they should be free to do so. Indeed, they should also have the option for the very existence of that agreement to be private. I tried to follow the contribution of the noble Lord, Lord Berkeley, earlier, and I thank him for it, but I was a little confused. On the one hand, he said that he wanted an assessor for the public interest and to look at all the agreements that have happened in the past—which, as the noble Lord, Lord Rooker, pointed out, is slightly problematic—but on the other hand he noted that the use of a third party should be voluntary between the two parties. I could not figure out how that would work or, certainly, what problem it would solve.

I do not believe that the amendment has merit but I recognise that transparency is important. HS2 Ltd already publishes the number of settlement agreements it has signed in its annual report. In addition, HS2 Ltd will begin reporting the cumulative number of confidentiality agreements it has signed in that same report. I believe that HS2 Ltd is using these agreements in the public interest, and I therefore hope that the noble Lord will feel able to withdraw his amendment.

[Lord Berkeley (Lab)]

My Lords, I am very grateful to all noble Lords who have spoken in this short debate, particularly the Minister, for the meetings, the letter and other comments she has made. I shall respond very briefly to some of the comments made by noble Lords.

I say to my noble friend Lord Rooker that this amendment started in the House of Commons probably two years ago. As the Minister said, it was rejected at that stage, but there seemed to be quite a lot of support in some parts of the House, which I thought was interesting.

The noble Baroness, Lady Randerson, mentioned balance. I think that goes to the heart of what I believe is necessary. Of course, there have to be NDAs. My point about NDAs being voluntary was that companies or individuals did not have to sign an NDA if they did not want to—that was the voluntary bit. On the question of balance, we have talked about more than 300 NDAs that have been listed, but I suspect there are very many more among landowners that we have not discussed. Of course, it is perfectly reasonable that they should sign NDAs as part of their negotiations.

This is an issue that will go on. It is helpful that the risk assurance committee set up in HS2 will look at some of these things. I am not actually suggesting that we go back to square one and look at every NDA that HS2 has signed, but one could say that one would look only at new ones signed after the Bill gets Royal Assent. However, this has been a very useful debate and I am particularly grateful to the noble Baroness, Lady Kramer, for her support. I beg leave to withdraw the amendment.

High Speed Rail (West Midlands–Crewe) Bill

Debate between Lord Berkeley and Baroness Vere of Norbiton

Report stage (Hansard) & Report stage (Hansard): House of Lords & Report stage
Monday 30th November 2020 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My Lords, I am grateful to all noble Lords who have spoken in this short debate—an hors d’oeuvre to the main course yet to come. As the noble Lord, Lord Berkeley, and other noble Lords are aware, the Bill has already been carefully scrutinised by a Select Committee of this House. That committee was convened under the rules for private and hybrid Bills and was chaired by the noble and learned Lord, Lord Hope of Craighead, to whom we are very grateful and who unfortunately cannot be with us today.

In its report, the Select Committee discussed whether such a committee can make an amendment to the Bill that extends the powers of the promoter—in this case, HS2 Ltd—such as powers to compulsorily acquire land. Such an amendment to a private Bill is known as an additional provision. The Select Committee report states:

“As a matter of practical reality, almost every additional provision which solves or mitigates difficulties for one group of residents along the line raises new difficulties for another group.”


The Select Committee therefore concluded that amendments that extend powers would not be appropriate.

Those adversely affected by an additional provision in the first House have the opportunity to petition against it in that House and in the second House. As both HS2 Select Committees in this House—for this Bill and for phase 1—have noted, it would not be fair to allow amendments in the second House, unless those affected by it could also petition in both Houses. The consequence of this, however, would be that hybrid Bills would be for ever doomed to travel from a Select Committee in one House to another Select Committee in the other and back again in never-ending ping-pong.

The noble Lord, Lord Berkeley, acknowledged all that in Grand Committee, yet here we have an amendment to send the Bill off to another but different type of Select Committee. This proposed Select Committee would have no powers at all to amend the Bill and the process would cause many months of delay to the Bill and create even more uncertainty for residents and businesses along the proposed route. At some point this must stop, a line must be drawn and a decision taken about the construction of this railway. I urge him to withdraw his amendment.

[Lord Berkeley (Lab)]

My Lords, I am grateful to all noble Lords who have spoken. I did not get wholehearted support; I am grateful to the noble Baroness, Lady Jones, for her support. I do not think this has been in vain because some noble Lords, such as the noble Lord, Lord Randall, and my noble friend Lord Tunnicliffe, in particular, have recognised that perhaps the system needs to be looked at, but not in the environment I started this afternoon. I apologise for that. I wanted to have a debate on Transport and Works Act orders, which we have not had, but we can follow that up some other way.

Several noble Lords have told me that I oppose the HS2 project and that this is only a delaying tactic; I want to put that on record. It would not be a delaying tactic if we had been allowed to talk about Transport and Works Act orders, which we are not under the current procedures. I have said many times that I am in favour of new railways, pretty obviously. My problem with HS2 is that it has turned out over the years to be overspecified and the costs have got completely out of control. The money could be much better spent on the regional railways in the north and the Midlands.

Also for the record, I am not criticising the Select Committee. I have said before that it has done a great job. I am not criticising its selection or its chair. My advice from the clerks certainly is that the second House on the occasion of a hybrid Bill is not a revising Chamber; it is a second Select Committee equal to the first one in its ability. If, by any conceivable chance, a hybrid Bill on a railway started in your Lordships’ House, the House of Commons would become the second House. That could be an interesting discussion and probably would not go down very well.

However, my main concern has been and still is that the Transport and Works Act order process is included in Clause 49 of this Bill but the extent to which it may be used appears to be in the Government’s hands rather than those of the committee, in spite of what has been said. I hope we can continue this discussion in your Lordships’ House on an occasion less time-constrained than this Bill and try and get it right for the next one. I hope there is another one coming. My noble friend Lord Adonis thinks it is going to come within the next six months. We will see whether that is the case. Whether it is or not, I think we need to resolve this and the many things we have discussed.

I did threaten to divide the House but, in deference to the amount of work we have to discuss this afternoon, I beg leave to withdraw the amendment.

--- Later in debate ---

[Lord Berkeley (Lab)]

I think that the Minister has demonstrated how much consultation there has been over the years. I do not want to go into that, other than to say that most of it has been good. However, I go back to paragraphs (2)(c) and (d) proposed in the amendment of my noble friend Lord Rosser. Once the Bill receives Royal Assent, people will start to think, “Okay, it’s being built. What’s going to be the end result?” I can see my noble friend’s concerns: it gets built but the connections to it by rail, with or without extra stations, either have not been thought through or nobody will know who is responsible for them. Will that satisfy the consultees? I am not sure that having an annual report is the right thing, but I hope that the noble Baroness will consider what should be done to satisfy people that, when the line opens in 10 years’ time or whatever, all these things will have been addressed. If there are changes that people think are desirable, they could have started so that there is not another 10-year gap before something happens.

[Baroness Vere of Norbiton (Con)]

I thank the noble Lord, Lord Berkeley, for raising that point. It is really important, so I will ask my honourable friend Minister Heaton-Harris, the Rail Minister, perhaps to write to him setting out his ambitions for rail nationwide, particularly how his ambitions for rail interact with the ambitions for HS2 and how that then produces greater rail connectivity.

High Speed Rail (West Midlands-Crewe) Bill

Debate between Lord Berkeley and Baroness Vere of Norbiton

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords & Committee: 2nd sitting : House of Lords & Committee: 2nd sitting
Thursday 12th November 2020 Grand Committee

[Baroness Vere of Norbiton (Con)]

I thank the noble Lord for that intervention, but what he notes are the counterfactual opportunity costs of not having to do those upgrades. I am not sure how they would factor into a standard cost/benefit analysis, but it is certainly the case, as he pointed out, that they would be fairly costly and that HS2 brings not only speed but capacity.

[Lord Berkeley (Lab)]

My Lords, I am grateful to all noble Lords who have spoken to this group of amendments, and I will try to be as quick as I can, because I know we have a lot to get through today. The comments by the noble Lord, Lord Liddle, and the noble Baroness, Lady Randerson, about the need to have an effective HS2 board are absolutely right; that may well be one solution. As the Minister said, things are improving—we must see how it goes, but it is a good start.

It was interesting that my noble friends Lord Snape and Lord Adonis talked about having too many reports on railways. They are quite right but, as they both said, the Minister is undertaking one at the moment on the east side of phase 2B. That follows the Oakervee recommendation; paragraph 3.7 says that the Government should

“establish a further study to be completed by summer 2020”—

well, it is a bit late—

“to develop an integrated railway plan embracing 2B alongside an integrated railway investment programme for the Midlands and the North”.

That is a really good idea, but now to expect to have one enormous hybrid Bill covering the whole lot, as my noble friend Lord Adonis is suggesting, is not really sensible. It would be double the size of the phase 1 Bill, and that took long enough anyway.

I also respond to my noble friend Lord Snape—or perhaps it was my noble friend Lord Adonis—about the people on the Oakervee review. It is worth reminding ourselves that we had only two months to do this, and the terms of reference were slightly unusual for such a study and did not include anything about the environment —we added something, probably at my suggestion. That was one reason for suggesting that another review, done independently, might be a good idea to cover those matters. I will not go into the likely or actual opinions of the members of the review panel, because, as a result of their diaries, they were unable to spend a great deal of time on it, although they contributed a lot. Anyway, we are where we are, and the Oakervee review got published. There is always an issue with independence. A couple of people who I suggested should join or provide evidence to the review said, “If we do that, we might get blacklisted by the Department for Transport for future studies”. I will not name names, but that was a fear that people had.

It is all over now, and we have had a good discussion. Of course, I will not press the amendment and I look forward to continuing discussion on reports and information, cost/benefits and the environment. I beg leave to withdraw the amendment.

High Speed Rail (West Midlands-Crewe) Bill

Debate between Lord Berkeley and Baroness Vere of Norbiton

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 9th November 2020 Grand Committee

[Baroness Vere of Norbiton (Con)]

I think my comments still stand. What the noble Baroness has outlined highlights the importance of a constructive and productive relationship between all environmental NGOs, including the Woodland Trust, and HS2. Building large-scale transport infrastructure is never easy. It is always a very challenging time. People with different interests will want different things and compromises have to be reached. I hope that the noble Baroness will join me, Minister Stephenson and other noble Lords when we go into environmental matters in a bit more depth after Committee stage and before Report. Perhaps I will be able to reassure noble Lords that HS2 is learning lessons and will take them forward into phase 2a.

[Lord Berkeley (Lab)]

I am grateful for the opportunity to wind up the debate on these amendments. I thank all noble Lords who have spoken. The debate has ranged widely from those who, frankly, do not trust HS2 further than they can throw it and others who say that it is doing fine on reporting.

It is certainly true that the Government are trying to produce more reports, which many noble Lords think is a good start while others are less trusting—I suppose that in the end it comes back to trust. The environmental effect of a railway could be massively mitigated if the speeds of the trains were reduced so that it could go around ancient woodlands and avoid so many deep cuttings and embankments. That is something which the French learned 30 years ago, and I suspect that it is being learned for phase 2b—certainly for the east side, maybe the west side as well—but my noble friend Lord Adonis will then complain that the trains are not going fast enough. That can be debated.

Some regular reporting is needed to provide the transparency that many noble Lords believe is necessary, me included. It needs to cover each phase, as well as the whole thing, and must cover all the things which are in my amendment and probably a few others as well. Yes, there is an independent construction commissioner, but to some extent that is shutting the stable door after the horse has bolted, although the commissioner does a really good job.

If we were to sit around the table and the Minister was prepared to do it, I am sure that some amendment or addition to the existing reporting could be achieved. However, the real question is this: is there sufficient trust among noble Lords for it to be done without some independent scrutiny, which I shall discuss when we come to Amendment 6? That is something to reflect on and it all comes back to trust. We have had a really good debate on it. The Minister said that she would be happy to talk between now and Report and we should take her up on it. I am sure that we can reach some compromise on reporting not just what has happened but what will happen in the future, or what is planned to happen, and any issues that may come alongside it.

I again thank all noble Lords who have spoken. We have heard a wide variety of opinions, which is great. In the meantime, I beg leave to withdraw the amendment.

Network Rail’s Enhancements Pipeline

Debate between Lord Berkeley and Baroness Vere of Norbiton

Wednesday 21st October 2020 Lords Chamber

[Lord Berkeley]

To ask Her Majesty's Government what is the purpose of the review of rail schemes in Network Rail’s enhancements pipeline; whether that review includes consideration of (1) the viability, and (2) the business case, of each scheme; when the review will be completed; whether the outcome will be published; and whether the High Speed 2 project will be subject to any such review.

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

My Lords, our flexible pipeline approach to funding rail infrastructure enhancements means that we continually review our portfolio of projects, including the impact of Covid, to ensure that they are making the best use of taxpayers’ money. The High Speed 2 project was subject to a rigorous, independent review this year and was comprehensively reset with a revised budget and schedule.

[Lord Berkeley (Lab) [V]]

My Lords, I am grateful to the Minister for that Answer. However, it is now six months since the coronavirus lockdown started. Surely the Government have done some work on demand for travel given the continuing trend for working at home and the likely long-term effect that this might have on rail travel, whether it is commuter services or HS2. Is it not time for the Government to produce some initial thoughts on this?

[Baroness Vere of Norbiton (Con)]

The noble Lord is quite right that there may well be long-term effects on the way that we travel in the future. However, at the moment, we are at the stage where there are many different forecasts and scenarios. As we continue through the pandemic, no single scenario is coming out as the most likely. However, we will consider the future demand requirements for rail on all the enhancement projects in the pipeline.

Trains: East Midlands

Debate between Lord Berkeley and Baroness Vere of Norbiton

Monday 19th October 2020 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My Lords, the Government envisage a number of further improvements across the wider area that the noble Lord mentions, particularly on the Newark to Nottingham stretch. Midlands Connect and Network Rail are looking at a feasibility study which may see an improvement in times by three minutes. As the noble Lord will know, the issue there is the flat crossing at Newark, where it crosses the east coast main line. More broadly, the Government are doing an awful lot of work in the Midlands as they develop HS2.

[Lord Berkeley (Lab) [V]]

My Lords, I thank the Minister for the interesting answers that she gave the noble Lord, Lord Bradshaw. Do the Government intend that the upgrades in timing, which will need infrastructure improvements between Birmingham, Nottingham, Newark and the flat junction for freight, and beyond, will be part of the integrated rail plan recently announced by the Government? They would bring local and regional benefits much sooner than the construction of HS2 East, which apparently has now been paused.

[Baroness Vere of Norbiton (Con)]

The integrated rail plan announced in February 2020 will look at the delivery of high-speed rail alongside all the other rail enhancements across the Midlands, including the Midlands rail hub. Network Rail is already developing work in this area, including connectivity improvements between Birmingham and Nottingham.

Railways

Debate between Lord Berkeley and Baroness Vere of Norbiton

Wednesday 9th September 2020 Lords Chamber

[Baroness Vere of Norbiton (Con)]

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

[Lord Berkeley (Lab)]

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

Covid-19: Walking and Cycling

Debate between Lord Berkeley and Baroness Vere of Norbiton

Monday 8th June 2020 Lords Chamber

[Lord Berkeley]

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

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

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

--- Later in debate ---

[Lord Berkeley (Lab) [V]]

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

[Baroness Vere of Norbiton [V]]

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

Flybe

Debate between Lord Berkeley and Baroness Vere of Norbiton

Thursday 5th March 2020 Lords Chamber

[Lord Berkeley (Lab)]

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

[Baroness Vere of Norbiton]

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

High Speed Rail (West Midlands– Crewe) Bill

Debate between Lord Berkeley and Baroness Vere of Norbiton

Motion to revive Bill
Tuesday 25th February 2020 Lords Chamber

[Lord Berkeley (Lab)]

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

[Baroness Vere of Norbiton]

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

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

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

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

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

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

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

Air Traffic Management and Unmanned Aircraft Bill [HL]

Debate between Lord Berkeley and Baroness Vere of Norbiton

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

[Lord Berkeley (Lab)]

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

[Baroness Vere of Norbiton]

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

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

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

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

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

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

--- Later in debate ---

[Baroness Vere of Norbiton]

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

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

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

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

[Lord Berkeley]

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

[Baroness Vere of Norbiton]

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

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

Transport Infrastructure

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 11th February 2020 Lords Chamber

[Baroness Vere of Norbiton]

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

[Lord Berkeley (Lab)]

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

[Baroness Vere of Norbiton]

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

Air Accident Investigation

Debate between Lord Berkeley and Baroness Vere of Norbiton

Monday 10th February 2020 Lords Chamber

[Baroness Vere of Norbiton]

The noble Baroness is quite right that levels of carbon monoxide in the body of Emiliano Sala were higher than they should have been. I am sure she will have read the second report from the AAIB, which was issued last August and provided information to general aviation and others on the risks of carbon monoxide making its way into the cockpit. I cannot say anything further at this time, because the AAIB’s final report will be issued shortly. I am fairly sure that it will include recommendations on carbon monoxide.

[Lord Berkeley (Lab)]

My Lords, from the answers that the Minister has given to questions this afternoon, there seems to me to be a serious lack of enforcement of any of these regulations, whereas the Air Accidents Investigation Branch has done a great job. When we debate the Air Traffic Management and Unmanned Aircraft Bill, will we find that the enforcement on drones is better than the enforcement on light aircraft?

[Baroness Vere of Norbiton]

I am delighted that the noble Lord has made the connection between my two workstreams of the day. However, I deny that there is a lack of enforcement. We have a very good safety record in this country, and part of that is due to the fantastic work that the AAIB does in investigating accidents and promoting action to prevent recurrence.

Air Traffic Management and Unmanned Aircraft Bill [HL]

Debate between Lord Berkeley and Baroness Vere of Norbiton

Committee stage & Committee: 1st sitting (Hansard): House of Lords & Committee: 1st sitting (Hansard)
Monday 10th February 2020 Lords Chamber

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

My Lords, Amendment 1, moved by the noble Baroness, Lady Randerson, seeks to clarify the phrase in Clause 2(2)(c)

“another person with functions relating to air navigation.”

I shall start by addressing that phrase and then move on to the other parts of airspace modernisation and how the powers to which it refers might be used.

To give a little background, Clause 2 gives the Secretary of State the power to direct any person involved in airspace change, following consultation. Consultation will come up a number of times today; this is a very consultative process, as indeed it must be to work. After consultation with that person, the Secretary of State can direct them to do three things: first, to prepare or submit an airspace change proposal, an ACP, to the Civil Aviation Authority, the CAA; secondly, to take steps to obtain approval to an ACP that has already been submitted; and, thirdly, to review the operation of an ACP after it has been approved. Those are the three things that the Secretary of State can direct.

In Part 1 of the Bill, any

“person involved in airspace change”

is defined as, again, three things. First, they could be an airport operator, and one might expect that in most cases the airport operator would indeed be involved in putting forward the ACP or making sure that it progresses; secondly, they could perfectly well be an air navigation service provider; and then there is that third term to which this amendment relates—it is a probing amendment to understand what sort of person

“another person with functions relating to air navigation”

could be. For example, they could be part of an existing body such as an industry association or an airspace change consultancy brought in after the consultation, perhaps, to look at how the process of the ACP is working. Or they could be from a new body set up to deal with a specific ACP or a group of ACPs. One might imagine a circumstance in which a group of airports set up a new ACP in order to help another airport to deal with its airspace change.

The reason behind the third part of Clause 2(2) is to provide flexibility, because it may be—and one can imagine circumstances in which it would be—that the person involved who was the subject of the direction was not an airport operator or an air navigation service provider. In all this, though—and again I hope that noble Lords will recognise this today—these powers are to be used only as a last resort. We hope that the process will be collaborative and involve various elements working together in order to achieve the positive change that we need. I hope I have explained the reasons why this flexibility is needed. It is that that third person may not be one of the other two but may nevertheless be quite capable of taking forward an airspace change.

[Lord Berkeley (Lab)]

I am very interested in what the Minister said about who might be involved in seeking changes. Yes, it could be done to help a small airport to get better access to its flights or controls, but it could be done to keep someone away. In other words, it could be done to prevent competition. My worry would be how much it would cost for a small airport to oppose or indeed promote these things if those circumstances arose.

[Baroness Vere of Norbiton]

I think we will get into the detail of how airspace change proposals work in the next group of amendments. It is the case that there is a master plan that is overarching—I think hand gestures are needed to describe this—and covers the whole of the south of the country. Within that, there are then 17 airports that may need to make airspace change proposals to a greater or lesser extent in order to fit the master plan. When an airport, be it small or large, puts forward its airspace change proposals, those are considered by the CAA according to the criteria as set out in Section 66 of the Transport Act 2000.

[Lord Berkeley]

Section 70.

[Baroness Vere of Norbiton]

The noble Lord has just corrected me that it is Section 70, and he is absolutely right.

Within all this, it is the CAA that will ensure that airspace change proposals are appropriate. It is not the case that one airport will be capable of coming along to try to duff up another, because both airspace change proposals will be considered as they move through the system. The CAA will look at them, and equity between the two will be one of the important considerations that it will look at.

I turn back to the reasons why this change is possibly not needed. Airspace modernisation, as the noble Baroness, Lady Randerson, mentioned in her opening remarks, is a complex and multifaceted programme. There is the master plan, which will sit over the entire new airspace design, but that makes up just two of the initiatives out of the 15 that comprise the airspace modernisation strategy that has been set out by the CAA. For example, one of the initiatives, as is rightly also set out in the Transport Act, is that the use of airspace has to be equitable for all users. The Government are looking to ensure that airspace is not controlled—I do not want to say “unnecessarily” because I do not think it would be fair, but there might be controlled airspace that could become uncontrolled and therefore allow a greater number of users to use it. I am thinking particularly about the general aviation field, and I certainly know that gliders have sometimes had difficulties because for them uncontrolled airspace is much easier to use.

However, any change in airspace will always go through a process, and that process will have safety as its absolute priority. I think noble Lords will be aware that the number one thing that we have to do when we look at airspace is ensure that planes are safe to fly. It will also take into account the airport’s particular growth plans, so an airport could not turn around and say “No, I’m really sorry—I need that back”. These are fairly long-term decisions and, as I am sure the noble Baroness is aware, the process takes a significant time. However, it is also consultative so there will be a consultation process not only with the general aviation sector but with the airport itself; it will be able to give its reasons why it would like to maintain that airspace as controlled, if indeed that is what it wants to do.

The noble Baroness, Lady Randerson, also mentioned the costs of airspace change proposals. I believe that they can be quite costly, and we will come on to them in a later group so I probably will not address them now. However, I hope that on the basis of my explanation she will agree that Clause 2(2)(c) should remain part of the Bill and feel able to withdraw her amendment.

--- Later in debate ---

[Lord Berkeley]

My Lords, I support the views of my noble friend Lord Tunnicliffe and the noble Baroness, Lady Randerson, on this amendment. It is extraordinary that the air sector is the only one that does not pay any kind of fuel duty. I think that goes back to the Chicago convention a very long time ago. Air passenger duty was introduced as a way of trying to compensate. We can see how important the Government think that is, because they have given Flybe—which I keep going on about—a holiday from it, to enable it to survive. For me, the policy implications of this are all wrong. The Government do not really care about the environment. They want to keep this company alive because Virgin would not be able to save it and it would be a disaster. This might not be the right place to cover this important issue, but this is an aviation Bill and we need to see it addressed on a consistent basis, so I support the amendment.

[Baroness Vere of Norbiton]

My Lords, I thank the noble Lord, Lord Tunnicliffe, for tabling the amendment. I agree with him—and, I am sure, with all Members of your Lordships’ House—that the fight against climate change is one of the most pressing issues of our time. It is absolutely right that we continue to highlight emissions, to publish data on them and to plan for their ongoing reduction. The Government already publish emissions data for domestic and international flights. The Department for Business, Energy and Industrial Strategy reports annually on these greenhouse gas emission statistics. The statistics cover all sectors of the economy, including transport. Those for 2018 were published just last week and are readily available online. I will happily share a link so that all noble Lords can see them.

Within the statistics, individual transport modes—including aviation—can be identified. Domestic aviation is reported on separately from international aviation, because the methodologies used are different. The data is obtained from the National Atmospheric Emissions Inventory, produced by Ricardo Energy and Environment. It is also available online. The amendment referred to the 1998 Aarhus convention, the three pillars of which are already implemented in domestic legislation. Article 5, which relates to access to information, has been implemented through a number of measures, including legislation such as the Environmental Information Regulations 2004.

Measures in the Bill, as many noble Lords have noted, can help tackle emissions by reducing the amount of fuel burn that will come from aircraft, because they will be making more efficient journeys into airports. We are also moving into circumstances now where new technologies will allow for steeper climbs and steeper descents into an airport: again, this reduces the amount of fuel needed. It will also reduce the need for holding stacks, a big user of fuel. Early analysis suggests that modernisation in the south-east could reduce the amount of fuel burn by 20%, which would be a 20% reduction in carbon.

However, I will go away and look at the data. I am as interested as anybody in making sure that the data is correct, that it is published correctly and that it is available for all to see, because only then will we be able to really see the impact of our actions. If the noble Lord has any further details of the sort of data he would like to see, I cannot guarantee to put it the Bill but I may be able to make sure that it is published by colleagues.

--- Later in debate ---

[Lord Berkeley]

The Minister will be aware that one of the consequences of Brexit is a lot more work heading towards the CMA, something that our EU Internal Market Sub-Committee, chaired by my noble friend Lady Donaghy, is looking at. Is the Minister happy that the CMA will be able to recruit more people to cover the civil aviation issues as well as everything else, or will they be constrained by the usual Treasury financial limits?

[Baroness Vere of Norbiton]

We have been discussing the Bill with the CMA. We are talking about appeals to modify the conditions in the licence of the single air navigation service provider which is dealing with the upper airspace. Therefore, we do not expect to keep the CMA particularly busy and are not aware that it would have a shortage of resources.

HS2: Cost

Debate between Lord Berkeley and Baroness Vere of Norbiton

Wednesday 24th July 2019 Lords Chamber

[Lord Berkeley]

To ask Her Majesty’s Government, further to reports that the cost of the High Speed 2 rail project will not be delivered within its current budget, what steps they are taking to ensure that the costs of that project remain within its budget.

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

My Lords, we do not comment on speculation. However, we will publish an updated business case by the end of 2019 based on the latest assessment of costs and schedule. We are clear that the project has a funding envelope set in 2015, and HS2 Ltd is in ongoing discussions with its suppliers.

[Lord Berkeley (Lab)]

I am grateful to the Minister. It is hardly speculation: in a letter, the new chair of HS2 says that the capital cost is likely to exceed £86 billion, not the £54 billion that the Minister spoke of. This has been confirmed by up to a dozen senior HS2 staff, who are tweeting—some of them have been sacked for their sins—that this figure is correct. This has been going on for three years. It is inconceivable that Ministers did not know about it, even before the HS2 phase 1 Bill received Royal Assent. I suggest that the Ministers have misled Parliament by not giving this new, higher figure that they have known about for three or four years.

[Baroness Vere of Norbiton]

My Lords, the new chairman of HS2 has been in place for just over six months. He is undertaking a review of the costs and providing ongoing advice to government. This advice is not news; it is ongoing. We are working with him as he looks at all his supply chains to encourage him to ensure that the costs are appropriate. Various cost control actions are being undertaken at the moment regarding value engineering and challenging standards, and it is only right that they be given the opportunity to succeed. They also involve optimising commercial models with partnerships and challenging the requirements of the system.

Road Safety

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 23rd July 2019 Lords Chamber

[Baroness Vere of Norbiton]

I thank the noble Lord for that question. Indeed, it was my pleasure to visit the AAIB last Friday and it truly is a world leader in air accident investigation. Turning to road accident investigation, there are many things that the Government are doing. For example, we have committed £480,000 to road collision investigation work which is being undertaken by the RAC Foundation. This will look at the causation of accidents, which has changed significantly in recent years, and it will provide insights on investigations but also interventions.

[Lord Berkeley (Lab)]

My Lords, we have an Office of Rail and Road and it is responsible for rail safety. Seven passengers died on the railways last year, compared with 1,770 people who died on the roads, as my noble friend has said. Is it not time that the Government extended the remit of the ORR to cover road safety?

[Baroness Vere of Norbiton]

The Government are not minded to do that at the current time. We believe that the current system is working well. There have been improvements in road safety. The UK is the second best in the EU in terms of road safety. We have done well. Fatalities have fallen by 39% in 10 years, but I recognise that there is more to be done and that is why we have done this road safety statement.

Buses: Rural Services

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 16th July 2019 Lords Chamber

[Baroness Vere of Norbiton]

We operate things differently in England than they do in Scotland. But I stand by what I said earlier in that funding from central government is available. Local authorities can of course also access council tax, business rates and other local income. However, at the end of the day, it is about using money more effectively, not just throwing more money at it.

[Lord Berkeley (Lab)]

My Lords, is the Minister aware that, in Switzerland, villagers in any village with more than 600 people have a statutory right to have a bus or train service at least once an hour? Should we not look at that example here?

[Baroness Vere of Norbiton]

My Lords, we operate things differently than they do in Switzerland. The Swiss may decide that that is best for their local communities, and it is up to any local authority in England to do the same if it thinks it is cost-effective for its local taxpayers.

Railways: South-eastern Franchise

Debate between Lord Berkeley and Baroness Vere of Norbiton

Thursday 4th July 2019 Lords Chamber

[Lord Berkeley]

To ask Her Majesty's Government what estimate they have made of the cost to the new South Eastern franchise arising from any increase in track access charges proposed by HS1 to the Office of Rail and Road.

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

My Lords, the periodic review process that will determine the new track access charges for HS1 from April 2020 is ongoing and is the responsibility of the independent rail regulator, the Office of Rail and Road. In line with the published draft franchise agreement, the operator of the new south-eastern franchise will be held harmless to any regulated track access charges proposed by HS1 and agreed by the ORR, following regulatory scrutiny.

[Lord Berkeley (Lab)]

I am grateful to the Minister for that Answer, but she will be aware that HS1 has applied for increases in track access charges of 25% for domestic south-eastern trains, of 40% for Eurostar services and of 75% for the freight that has to use that line. Will the Minister remind the ORR of its duties under the 1993 Railways Act and subsequent legislation, and I quote,

“to promote the use of the railway network in Great Britain for the carriage of passengers and goods”,

and,

“to protect the interests of users”?

I suggest to her that for the regulator to allow such increases will dramatically harm passengers in the south-east by increasing fares. Is it not better to protect the passengers, rather than to line the pockets of the pension funds, including the Korean pension fund, which now owns that piece of track?

[Baroness Vere of Norbiton]

I thank the noble Lord for his observations. As he well knows, this process is ongoing, so any increases are not yet confirmed. But my department expects the independent regulator, the Office of Rail and Road, to provide a robust and rigorous challenge to HS1’s proposals, as part of the review process. I am aware that this process has been going on for 18 months and is continuing.

Bus Services

Debate between Lord Berkeley and Baroness Vere of Norbiton

Tuesday 4th June 2019 Lords Chamber

[Baroness Vere of Norbiton]

I have some good news for the noble Baroness. More than 50% of people use the bus twice or more a year but young people aged 17 to 20 use buses at a much higher rate—nearly 70%. I also point out that 71 of 89 travel concession areas already offer discounted fares to young people through the operators. Other discounts are available from local authorities and, of course, it is up to them to offer discounts in their areas.

[Lord Berkeley (Lab)]

My Lords, is it not time that the Government recognised that the bus service in London, which is cheap, reliable and effective should be rolled out across the whole country? That means having fares comparable with London ones, rather than about four times more. That is what it needs—money. All this new technology is wonderful but unless there is some money for services around the rest of the country, we are not going to get the changes to emissions and the pollution reductions that the Minister has referred to.

[Baroness Vere of Norbiton]

My Lords, the Government support public sector spending of £2.2 billion on buses—12% more in real terms than under the previous Labour Government. A significant amount of money is going into the buses. There is no one-size-fits-all solution—it cannot happen. For example, within the large conurbations metro mayors can now use the franchising opportunities, and Transport for Greater Manchester will be doing that. In other areas, enhanced partnerships, where the local authority works with the bus operators, work well. In rural areas, there is also an awful lot we can do and the Government are committing funding to help them support their local bus services.

HS2

Debate between Lord Berkeley and Baroness Vere of Norbiton

Monday 20th May 2019 Lords Chamber

[Lord Berkeley]

To ask Her Majesty’s Government what assumptions were used in the business case for HS2 for (1) the number of passengers, and (2) the average fare, between London and Birmingham.

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

My Lords, the Answer to this Question is in two parts. First, on the number of passengers, the Government estimate that there will be more than 300,000 passengers per day on HS2 services once the full network opens. Secondly, on average fares, the business case assumes fares on HS2 to be the same as the average for comparable services on the existing network. HS2 can bring benefits without charging a premium.

[Lord Berkeley (Lab)]

I am grateful to the Minister for that Answer, because this is the first time we have had an answer on this for about eight years. According to the Midlands Economic Forum, the average yearly household income will be £60,000 for business travellers and £45,000 for leisure travellers at 2010 prices,

“meaning the average commuter using HS2 will be in the top 10% of household incomes”.

That is quite heroic for the West Midlands. It adds:

“At 60% capacity, HS2 are proposing that daily passenger transport movements will be approximately equivalent to 10% of the entire West Midlands regional labour market”.


Can the Minister perhaps give us some more updates on this when we come to debate it more fully? The Government have promised a cost-benefit estimate and a new cost estimate for HS2 phase 1, but only on the day on which the construction contract is allowed to go ahead. We have had lots of critical reports, including an excellent one last week from the House of Lords Economic Affairs Committee chaired by the noble Lord, Lord Forsyth. Is it really acceptable for a Government preaching austerity to go ahead with a project costing £150 billion without parliamentary scrutiny?

[Baroness Vere of Norbiton]

My Lords, there were many questions there; I will perhaps answer a couple of them. On 10% of the West Midlands labour force being on the trains, I do not recognise those figures at all. In any event, when the entire network is built, it will take passengers from all over the country—that is the point of it. On the second point about the business case, works are currently under way and HS2 is reaching agreement with its suppliers in order that a full business case can be published later this year. It is important to understand that a full business case includes costs and benefits, but also—just as importantly—the disruption, or lack thereof, that the construction would have.

Transport Act 1985 (Amendment) Regulations 2019

Debate between Lord Berkeley and Baroness Vere of Norbiton

Monday 20th May 2019 Lords Chamber

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

My Lords, I thank the noble Baroness, Lady Randerson, for tabling her regret Motion today. It has given the House the opportunity to scrutinise these regulations in more detail, and also to raise some very important issues. Some issues raised, particularly by the noble Baroness, went into some detail and raised evidence I am not entirely sure my department has seen. I would be very grateful if she could share the evidence with us. Certainly, I will go through Hansard and make sure that if I am unable to cover issues today, I will write to her, and to all noble Lords who have taken part.

The Government always recognise the vital role of community transport in connecting people to their communities, employment, local services and each other. Most community transport operators provide a vital social care service to those who are elderly, isolated or disabled, and we know that particularly in rural areas, community transport services encourage growth and reduce isolation. However, in recent years, concerns have been raised about how the use of community transport permits fits with EU law on operator licensing. It became clear that the current interpretation of “not for profit” equating to “non-commercial” would be challenged, as noted by the noble Lord, Lord Rosser.

The noble Lord, Lord Rosser, also asked, “Why now?”. While the UK remains a full member of the European Union, all the rights and obligations of EU membership remain in force, and for the duration of the withdrawal agreement, we are also bound to implement these rules. The EU has an outstanding case against the UK in respect of them. This SI implements the short distance exemption, which we could not implement after leaving the EU or during the period of the withdrawal agreement without primary legislation. If this SI had not happened, we would not have had this exemption. In the broader context, this issue is coming before your Lordships now because there has been quite a significant amount of consultation around this issue—necessarily, because it is very important indeed. The Government have taken as many steps as they can to provide as much certainty as possible to community transport operators, given the current constraints.

As I have said, the Government recognise the importance of the sector. However, we also need to ensure that where community transport operators compete for contracts with small, family-run commercial operators, competition is fair. That includes considering how operator licensing rules affect both these groups. That is why it is important that we do this: we need a level playing field. At the same time, we must ensure that we exempt those that can be exempted. It is clear that the previous position of a blanket exemption for the sector from EU law is not legally sustainable.

In this context, the Government consulted in 2018 on how to revise the guidance. We wanted community transport operators to understand whether they were exempt from the EU regulation on operator licensing and could carry on using community transport permits or whether they needed to apply for commercial operators’ licences, so they have been aware of this issue for a while. We received almost 500 responses to the consultation and were in contact with 550 stakeholders at stakeholder events. These were people and organisations from across Great Britain. The responses to the consultation highlighted that we have to strike a delicate balance, and we have worked very hard to try to deliver that balance on the feedback that we received. But it must be pointed out that there was no consensus on this issue, which I suppose is where we are today.

My ministerial colleague Jesse Norman MP and officials from the department met members of the Bus and Coach Association during May 2018. Despite this, the association decided to launch a judicial review a few months later. The legal proceedings should eventually result in a definitive judicial interpretation of “exclusively non-commercial”, which will resolve the long-running debate about what it means and provide a way forward on this issue.

[Lord Berkeley]

Would the Minister be able to provide us with some numbers for the consultation? How many community transport operators were there, and how many small commercial ones? How many operators were trying to compete with a community one, and so on? It is easy to run a campaign by the small commercial operators who might run one minibus or coach and say, “We got 300 responses”, while the community people might not have had time to respond. It would be good to have those numbers and if she does not have them tonight, perhaps she could write to me.

[Baroness Vere of Norbiton]

I thank the noble Lord, Lord Berkeley, for asking that question. I will certainly have to write, as I do not have those numbers in front of me, but he makes an important and valid point and I will write to him.

There are three exemptions in EU law which can be used. The Section 19 and Section 22 permits guidance explain how two of them can be applied to the community transport sector. The first is the “main occupation exemption”. The guidance that we published explains how this exemption can be used by organisations whose primary activity is not transport; for example, schools, community groups or local authorities. We believe that this represents around half of the community transport organisations, which will fall into this group.

The second exemption is the short-distance exemption. This allows organisations which have a minor impact on the transport market, due to the short distances they travel, to be exempt. In defining 10 miles as a short distance, as noted by the noble Baroness, Lady Randerson, the Government believed that it was important to consider how these bus services work across the country. What is a short distance in a rural area may be a very long way in a big city, and rural areas are of specific concern when it comes to community transport. Where community transport operators provide bus services in rural areas, they have the flexibility to make the case that a short distance is longer than the automatic 10-mile distance. The noble Baroness noted some discrepancies in the application of the guidance. I would be grateful if she could share the specific pieces of evidence with me, then we will be able to review them and perhaps get to the bottom of what is going on.

Finally, the third exemption relates to the services which are non-commercial. The Government are not able to provide guidance on this exemption, as there is an ongoing judicial review in respect of it. However, as noted by the noble Baroness, Lady Randerson, the Government are clear that it would be premature for any local authority to end or withhold community transport contracts while this legal action is ongoing. The High Court has not yet given us a date for the hearing but we hope that it will be soon. Once the High Court has reached a decision, the Government will revise their guidance to give effect to it.

[Baroness Vere of Norbiton]

Without having seen the evidence, I obviously cannot make that commitment right now but I should imagine that if we can give any further guidance, we will certainly do so.

The Transport Select Committee acknowledged that this uncertainty has already impacted some community transport operators—there has been lots of concern about it in Parliament. There are real costs from uncertainty and implications from doing nothing at all, so the Government are able to provide clarity on two of the three exemptions. Where community transport operators can use either the main or the short-distance exemption, they do not need to wait for a High Court judgment. They can plan for the future and deliver important transport services with confidence.

We recognise that in certain circumstances, according to the impact assessment, there will be an impact on some operators. We believe that 50% of the operators will fall under the main occupation exemption, but there is the extent to which the remaining 50% will be able to take advantage of the new short-distance exemption. We hope that many of them will really consider that option, and that we will therefore be able to reduce the number of operators impacted.

[Lord Berkeley]

Following this exemption and the guidance to the traffic commissioners, surely the Minister is able to commit to advising the traffic commissioners on the two issues that are not subject to a JR to ensure that they understand what is going on. They can always have more guidance later, but they should have the present one now.

Connecting Europe Facility (Revocation) (EU Exit) Regulations 2019

Debate between Lord Berkeley and Baroness Vere of Norbiton

Monday 20th May 2019 Lords Chamber

[Baroness Vere of Norbiton]

Let me keep going and see how we do.

The noble Lord, Lord Rosser, raised the issues of whether the projects will receive the funding, depending on whether the EU decides to give it, and the timing. I am afraid that we do not know because it will depend on future negotiations. I assure the noble Lord that the Government stand behind these payments, which will be made in the circumstances that they are not received from the EU.

The noble Lord, Lord Rosser, also mentioned the present circumstances and the Government’s limited role. The Government have a limited role because it is often private companies making the bid. The Government are not part of the decision process because, as I hope I have already explained clearly, it is clearly set out in the regulations such that the regulations govern the decision process.

The funds that will be paid out, or are guaranteed to stand behind these payments from the EU, are “new money”, to use the terminology. They are not from existing DfT budgets.

The instrument provides the necessary powers for DfT, the Department for Business, Energy and Industrial Strategy and the Department for Culture, Media and Sport to “operationalise” the Government guarantee and make payments in respect of CEF grants if these are not met by the EU in the event of the UK leaving the EU without a withdrawal agreement in place.

[Lord Berkeley]

Following on from the Minister’s commitment to the noble Lord, Lord Teverson, that bids will still be accepted a few years later, will the criteria for awarding funding be retained? I understand that one of the reasons why the government and other member states do not have much involvement in the decision-making is due entirely to the Commission’s view that investment in infrastructure near frontiers tended to be much less than in the middle of a member state. I hope that those criteria will be continued.

[Baroness Vere of Norbiton]

I believe that that is the case. I was just going to come on to bidding, where I believe I will reiterate what I have already confirmed to the noble Lord.

As the noble Lord pointed out, all bids for CEF funding are reviewed against set criteria. If UK organisations submit applications that meet those criteria, the application could be successful. The EU has maintained that, until such time as the UK leaves the EU, it continues to be a member state and therefore enjoys all the rights of a member state, so the EU could very well award funds to UK firms between now and 31 October. One UK organisation was part of a multi-member state project application which was successful in the October 2018 call. The Government have advised UK organisations to continue to bid for EU funding and have committed to providing funding through the government guarantee over the lifetime of the project to those organisations which successfully bid into EU-funded programmes before the end of 2020. I have said that twice and if I am not right, I shall make a correction.

Railways: Midland Main Line

Debate between Lord Berkeley and Baroness Vere of Norbiton

Thursday 25th April 2019 Lords Chamber

[Baroness Vere of Norbiton]

I am afraid to disappoint the noble Baroness but the Minister does not accept that. We looked at the costs and benefits of the full electrification of this line and concluded that, in terms of passenger experience, the same benefits can be achieved by going a different way. She mentioned the money that has been spent on bridges. However, it was not wasted: it has improved the stability of those bridges, many of which were fairly old, and means that the passage of freight is now easier.

[Lord Berkeley (Lab)]

My Lords, Transport Ministers stated last year that all diesel propulsion would be removed from the network by 2040 to help with carbon reduction. I welcome the Minister but, according to her figures, all these bi-mode trains will be only 14 years old and will still have a half-life by the point at which the Government are supposed to have cancelled all diesels. What will happen to them?

[Baroness Vere of Norbiton]

Ah, but the devil is in the detail. We said that we will end diesel-only trains by 2040, so bi-modes do not count. It is worth pointing out that the bi-modes we expect Abellio to use under the East Midlands franchise are in design and development. There will be many new improvements and we look forward to welcoming these trains.

Civil Liability Bill [HL]

Debate between Lord Berkeley and Baroness Vere of Norbiton

Report stage (Hansard): House of Lords
Tuesday 12th June 2018 Lords Chamber

[Lord Berkeley (Lab)]

Amendment 2A is in my name and that of my noble friend Lord Young of Norwood Green who, sadly, cannot be here today. It is the result of a lot of discussion in Committee about how to avoid what is otherwise a very useful Bill having an adverse effect on vulnerable road users, who could be defined as cyclists, pedestrians, motor cyclists—those who can sometimes suffer most from injuries such as this. I am also grateful to the Minister for agreeing to see us a few weeks ago, when we had a useful discussion.

We were able to table this amendment only yesterday because we struggled to come up with wording that does not affect the main Bill but that protects vulnerable road users and allows them to continue, if they need to, to get legal aid under the present arrangements, rather than increasing the minimum figure to £5,000. We concluded that, as the Minister and many other noble Lords have said, this Bill is about whiplash and nothing else. As I understand it—I hope the Minister will confirm this when she responds—it is only about whiplash and nothing to do with any other kind of legal aid claim that might be needed for other issues, road traffic or otherwise.

I had a long discussion with the clerks on this issue, as well, and it seemed to me that what was needed was something that would exclude vulnerable road users from the particular issue we are talking about—raising the legal aid limit—if they suffer whiplash. One might ask how a pedestrian or a cyclist is going to suffer whiplash if they are not in a car, but they probably could, for whatever reason, if they are hit by a car.

We then looked at Clause 1(3) and I, as a non-lawyer, started to get a bit confused as to who the phrase “the person” referred to. Is it the person who suffered injury, or the person who might be alleged to have caused the injury? It seemed to me that there is a reasonably elegant solution—which I am sure my legal friends will say does not work—that clarifies what is meant by “the person” in subsection (3). If the amendment were accepted, it would be clear that:

“For the purposes of this Part a person suffers a whiplash injury because of driver negligence if … when the person suffers the injury”,


that person,

“is using a motor vehicle other than a motor cycle on a road or other public place”.

I think that this is quite an elegant solution, providing an exception to this Bill for vulnerable road users who are not in cars, and who therefore would not be included.

I hope that that short explanation is helpful. I look forward to other comments and in the meantime, I beg to move.

[Baroness Vere of Norbiton]

My Lords, I have listened carefully to the noble Lord and appreciate the change he would like to make. In our view, however, the existing clause already makes it sufficiently clear that the person who suffers a whiplash injury because of driver negligence is the person who is either using the motor vehicle or who is a passenger in the motor vehicle at the time of the accident. The amendment therefore seems to add no practical difference to the construction of the clause.

In relation to vulnerable road users, I reassure the House that the clauses of the Bill relating to whiplash do not extend to cyclists, passers-by or pedestrians outside the vehicle or vehicles involved in the accident. However, I am aware that such road users remain captured by the Government’s non-Bill measure to increase the small-claims limit for road-traffic-accident-related claims to £5,000. We will deal with this issue in more detail a little later today, but I can say that we are sympathetic to the arguments made in relation to vulnerable road users and will continue to consider the matter. For the reasons that I have set out, I urge the noble Lord, Lord Berkeley, to withdraw his amendment.

[Lord Berkeley]

My Lords, I am grateful to the Minister for that explanation. One of the reasons for tabling the amendment was to probe her response. I will read it very carefully but in the meantime I beg leave to withdraw the amendment.

Marine Special Protection Areas

Debate between Lord Berkeley and Baroness Vere of Norbiton

Monday 21st May 2018 Lords Chamber

[Lord Berkeley]

To ask Her Majesty’s Government what consideration ministers give to present and future transport services through new or extended Marine Special Protection Areas when they assess, under the Birds Directive and the Conservation of Habitats and Species Regulations 2017, whether to accept recommendations from Natural England to classify new or extended sites as Special Protection Areas.

[Baroness Vere of Norbiton (Con)]

My Lords, the aim of the regulations is to work in support of transport activities and developments while ensuring that international conservation interests can be secured. The focus is on making sure that any adverse impacts are avoided or mitigated. Although only ornithological and scientific considerations are taken into account in classifying special protection areas, this should not be a barrier to existing or new commercial transport services.

[Lord Berkeley (Lab)]

I am grateful to the Minister for that Answer but this clearly did not work in the port of Milford Haven. That is an SPA and it has been struggling for 10 years to make two small changes to jetties to allow a new business. After 10 years, the customer gave up and went away. Now the Government want to put an SPA around the whole of the Isles of Scilly, which must be one of the best-protected and most-studied bird sanctuaries in the country, and if anybody wants to start a new ferry or air service they will have to do the same bird count, probably costing £60,000, and they may never be able to open it. Does she not agree that it is time to review the boundaries of these SPAs, as has been done on the continent, to exempt access to ports, which after all form the main economic activity of these places?

[Baroness Vere of Norbiton]

My Lords, as I have already said, the focus of the regulations is not on stopping development or transport proposals. Even where there is an adverse impact, there are alternatives; for example, if there are no feasible alternatives, the transport will be allowed, if there is an imperative reason of overriding public interest and compensatory measures are secured. Obviously, I cannot comment on the specific case of Milford Haven but it seems to me that there are the right adverse impact get-outs in place.

Fracking: Policing

Debate between Lord Berkeley and Baroness Vere of Norbiton

Monday 9th October 2017 Lords Chamber

[Baroness Vere of Norbiton]

I refer my noble friend to my previous answer about protesting being a vital part of our democratic society. However, he raises a very important point. The most recent figures from the public attitude survey carried out by BEIS show that the vast majority—90%—of the public feel that they simply do not have enough information about fracking. That and not the fact that it is taking place is where the problem lies.

[Lord Berkeley (Lab)]

My Lords, I too have been reading the Conservative Party manifesto—it is sad but there we are. Perhaps I may quote from it. It says that it is necessary to,

“maintain public confidence in the”,

fracking,

“process … uphold our rigorous environmental protections, and … ensure the proceeds of the wealth generated by shale energy are shared with the communities affected”.

Has that happened yet?

[Baroness Vere of Norbiton]

The noble Lord will know that there is no active fracking at the moment but I am pleased that he spent the Recess reading the Conservative Party manifesto. The important thing is that advances in technology are happening all the time, and fracking will be an important part of our energy security going forward. For example, the noble Lord may have seen recently that superhydrophilic filters have now been invented. They remove 90% of the hydrocarbons, bacteria and particulates from any post-hydraulic fracturing feed. These are all good things. I think that we should support fracking and of course make sure that the local communities benefit too.