HS2 and CH2M

Debate between Lord Berkeley and Lord Ahmad of Wimbledon

Wednesday 5th April 2017 Lords Chamber

[Lord Ahmad of Wimbledon]

I acknowledge that my noble friend has not been the biggest fan of this project. As I am sure noble Lords will acknowledge, this underwent full scrutiny during the passage of the Bill in both the House of Commons and in particular in your Lordships’ House. My noble friend referred to transparency. I am sure that he will acknowledge that many elements of the business contracts awarded are of a confidential nature and that it would be totally inappropriate to require that they were all fully transparent.

[Lord Berkeley (Lab)]

My Lords, why have the Government allowed this potential conflict of interest to fester for so many months? The two senior civil servants in the department left last week. I still have not had an answer to evidence that I submitted to the noble Lord and other Ministers that the cost of phase 1 will be about double what the Government say it is. Are the Government, HS2 and the Minister’s officials really committed to getting the governance right, the costs right and the programme right, or is this the start of rats leaving a sinking ship, which I hope it is not?

[Lord Ahmad of Wimbledon]

To continue with transport analogies, HS2 remains on track, so there are no sinking ships. The noble Lord referred to two senior civil servants within the DfT. One is the Permanent Secretary, who has a new role at the Home Office; I am sure that the noble Lord will appreciate that there is a long recruitment process. The other was the director-general of HS2, who is taking up a post at Oxford University. We wish them both well in their new roles.

Shipping: Safety

Debate between Lord Berkeley and Lord Ahmad of Wimbledon

Monday 27th March 2017 Lords Chamber

[Lord Berkeley]

To ask Her Majesty’s Government what assessment they have made of the effectiveness of the international safety regulations and procedures laid down in the International Convention for the Safety of Life at Sea to ensure the safe evacuation of ships carrying more than 5,000 passengers and crew.

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

My Lords, assessments of the safety regime for shipping are undertaken by the International Maritime Organization’s Maritime Safety Committee. The particular issue of large passenger ship evacuation was the subject of significant additional work following the loss of the “Costa Concordia”, and regulations relating to passenger safety drills were subsequently adopted internationally.

[Lord Berkeley (Lab)]

I am grateful to the Minister for that reply, but if something happens to a cruise ship of, say, 10,000 people—passengers and crew—in the middle of the Atlantic, Antarctic or the Arctic, where ships go more these days, and there is a need for an evacuation even if the ship remains upright, and people are able to get into life rafts without panicking, what happens then? He did not answer the Question about whether there had been any full-scale trials of such a scenario. Will he urge the IMO to get on and do a trial such as this to see what happens? My fear is that there will be wholesale panic.

[Lord Ahmad of Wimbledon]

I am sure I speak for everyone in your Lordships’ House when I say that we hope that such an occasion does not occur. Importantly, to get to the crux of what the noble Lord is asking, the UK has been not just working very closely with the IMO—the organisation that leads activities in this field—but showing leadership to improve the importance of safety. SOLAS chapter 3 in particular makes provision for passenger vessels to undertake drills on a weekly basis—and, following the “Costa Concordia” accident, passengers must undertake safety drills to familiarise themselves directly with evacuation procedures to address the sort of scenario the noble Lord illustrates.

Great Western Main Line: Electrification

Debate between Lord Berkeley and Lord Ahmad of Wimbledon

Tuesday 14th March 2017 Lords Chamber

[Lord Ahmad of Wimbledon]

I agree with my noble friend. As I am sure she is aware, Wales will benefit to the tune of £2 billion from rail modernisation. For her information, together with the Welsh Government we have allocated a further £125 million to update the initiative around the Valley Lines.

[Lord Berkeley (Lab)]

My Lords, is the Minister aware that this project started off at £800 million and has now gone up to over £2 billion, £3 billion or maybe £4 billion, and that the same team responsible for the pricing has been pricing phase 1 of HS2? As he will know—I put it to him at the Committee stage of the HS2 Bill—those costs will now be, in my estimation, £54 billion and not £24 billion. Is it not about time that we got a grip on costs?

[Lord Ahmad of Wimbledon]

We had several meetings away from this Chamber about the costs of HS2. As the noble Lord is fully aware, the experts who are working on the modelling and pricing of HS2 are meeting notable experts whom he himself put forward, and it will be interesting to await the outcome of that meeting.

Southern Rail

Debate between Lord Berkeley and Lord Ahmad of Wimbledon

Tuesday 31st January 2017 Lords Chamber

[Lord Berkeley]

To ask Her Majesty’s Government what plans they have to nationalise the Southern railway franchise.

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

My Lords, there are no plans to strip Govia Thameslink Railway of its franchise. The speculation in the media is just that: speculation. DfT of course continues to monitor the operational and contractual performance of all franchises.

[Lord Berkeley (Lab)]

I am grateful to the Minister for that reply, but there was a lot of press speculation last week that Ministers were considering taking direct control of rail franchises, including Southern rail. I cite the Guardian:

“Options ranging from splitting off Southern from Govia … to a complete ‘managed exit’ to take direct control of the entire franchise”.


It might be odd that none of that came from anywhere near government. I am pleased that the Minister is saying that there is no plan to nationalise, because on the same day the Secretary of State repeated that there is no better alternative to GTR—I hope that noble Lords would agree with that. Of course, three years ago, the Government got rid of the nationalised east coast main line franchise, because Sir Patrick McLoughlin, the then Secretary of State, said:

“I do not believe that it would be in the public interest for us to have a nationalised train operating company”.—[Official Report, Commons, 27/6/13; col 449.]


I hope that in his response the Minister can clarify what the Government’s policy is.

[Lord Ahmad of Wimbledon]

The noble Lord has perhaps answered his own question. He cited two sources: one was the Guardian, and the other was my right honourable friend, the then Secretary of State. I would rely on the response of my right honourable friend.

High Speed Rail (London-West Midlands) Bill

Debate between Lord Berkeley and Lord Ahmad of Wimbledon

Report stage (Hansard): House of Lords
Tuesday 24th January 2017 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, I will speak also to the amendments tabled in my name. Amendment 7 seeks to ensure that traffic regulation orders—or TROs—which are a mechanism for local highway authorities to make temporary or permanent restrictions on the use of highways, do not frustrate the construction of the railway. These orders can be used to stop up roads, by restricting them to one-way operation or restricting them so that they cannot be used by lorries. A local authority could, therefore, put a lorry ban on a road that is needed to reach an HS2 phase 1 construction site or point.

Before I go any further, it is important to say that this amendment replaces the one put forward by the Government in Grand Committee, where several noble Lords on all sides of the House, including Members of your Lordships’ Select Committee, expressed a number of concerns. Indeed, the noble Lord, Lord Rosser, expressed concern at the lack of consultation with the local authorities. I withdrew the amendment at that time, and I agree that the lack of consultation was regrettable and is not the way that amendments should be developed or presented; for that, I apologise. However, I am happy to confirm that, even while the Grand Committee was taking place, my officials were having constructive discussions with local authorities, and these amendments are the result of those discussions.

We believe that the amendments address the substantive concerns that local authorities were expressing. This new clause and schedule will ensure that the local highway authorities consult the Secretary of State for Transport before making any orders that affect either specific roads identified for use by HS2 or other roads related to HS2 construction works, avoiding the risk that TROs could inadvertently cause problems for the construction of HS2. It also allows the Secretary of State, if required, to make TROs himself, and to prohibit or revoke TROs that unnecessarily hinder the delivery of the railway.

We have accepted that, as previously formulated, the relevant roads to which the provisions would have applied were too broad. The revisions we have made to the amendment include enabling the Secretary of State to specify particular roads that the provisions will not apply to and removing the specific issue of the,

“1 kilometre from the act limits”,

boundary for relevant roads. We have also revised the amendment to allow the Secretary of State to specify types of traffic regulation orders that we will not be concerned about, which will provide further clarity to local authorities. Furthermore, we have introduced into the provisions a sunset clause relating to the consultation requirement. This means that the Secretary of State will need to make a Statement when consultation is no longer required in a local highway authority area due to the phase 1 construction having been completed in that area. The circumstances in which the Secretary of State may use these powers has been tightened, so the Secretary of State must consider that the use of the powers is necessary for the timely, efficient and cost-effective construction of HS2 and is reasonable in the circumstances.

Additional changes include a duty that will mean that any temporary traffic regulation order that the Secretary of State asks a local highway authority to make is for only a reasonable period of time, with reference to the length of the relevant construction works. The amendment also requires the Secretary of State to produce guidance on how these powers will operate. In addition to these revisions, we have agreed to provide specific undertakings that these powers will not be used to affect any existing busways, cycleways or the London Safer Lorry Scheme. Clearly, we hope that there will be little or no need to rely on these powers, as the regular meetings established with local highway authorities will be used to consult, agree and monitor local traffic management plans. However, these powers are needed to ensure that if these arrangements fail, HS2 can be delivered in an efficient manner.

Given the impact that traffic regulation orders could have on the construction of HS2, it is prudent for us to take these powers, and the changes that we have made will now provide the local authorities with the clarification and additional protections they sought in relation to these provisions. I note that the noble Lord, Lord Berkeley, has tabled several amendments regarding this amendment that are listed further down the Marshalled List. I will be happy to address the issues raised in those once the noble Lord has had an opportunity to speak to them. I beg to move.

[Lord Berkeley]

My Lords, I will speak to the remaining amendments in this group, starting with Amendment 14. First, I should express my gratitude to the Minister for the way he took on some of the comments and criticisms in Committee. I am aware of a number of meetings that have taken place between his officials and representatives of some of the local authorities up the route—from Transport for London to the West Midlands and some in between—and I think there has been a lot of progress.

The problem for these authorities is that this kind of detailed legislation should have been in the Bill before it even started its passage through either House, so that the local authorities could have prepared petitions if they did not like it and had a detailed discussion in either or both of the Select Committees. It is quite difficult and time-consuming to try to resolve these issues on Report. I received a number of comments from local authorities, some from TfL in particular, which are quite important. They would be much happier if all these issues could be resolved before Third Reading and would be happy with the undertakings that I believe the Minister said he would offer—although I have not seen them, so I cannot comment on them. As a matter of principle, I hope that the Government will not do this again—rush something as complicated as this at the very last stage. I am sure they had a very good reason for it, but perhaps we will learn from the next stages of phase 2—phases 2A and 2B—and anything else that happens, such as Crossrail 2. As the Minister said, there is a need to ensure that what is required on the traffic side to build HS2 is not compromised. However, it also needs to be balanced by the needs of local people getting to work, driving up the motorway or using local train services, and that is what these regulations are designed to do. There are a few other things that probably need doing.

The Minister invited me to speak to these amendments. I will do so in four small groups, as quickly as I can. Then I hope he will be able to say what he can do and whether he agrees with them or not. Amendments 14, 15 and 16 involve a duty to consult, the power to direct and vary TROs, and so on. We are getting down to the definition of what is called a “relevant road”—at which some noble Lords might start glazing over and wonder what we are talking about, but it is quite important. HS2 has already sought approval, in Schedule 17, for many roads. In respect of Transport for London, it sought approval in respect of the entire GLA road network, which covers all the red routes in London. That seems a little excessive because there are an awful lot of red routes in London, and not many of them are near Euston or the roads in. I am sure it will not need to use these roads, but the burden of consultation on the local authorities is quite severe. This amendment is intended to reduce the need for consultation once HS2 has decided where it wants to run its tracks and other transport. It will not restrict the use of these roads to other traffic by having these requirements on all the red routes through London. I understand that the department has offered an undertaking to TfL, but I hope that this could apply in a similar way across the country, from the West Midlands downwards and to all the local authorities in between.

Harking back to the last debate about tunnels, we forget that nearly all the tunnels are in the southern half of the route—we can debate the reasons for that. But the line goes through a lot of urban areas in the northern half of the route and to some extent the transport problems may be even worse there than in the south. I hope the Minister will consider this amendment as a way of restricting the amount of consultation required. Consultation is obviously a good thing, but there is a limit to how much a local authority can cope with consultation on these TROs. They have to do many other bits of consultation at the same time. The amendment is therefore intended to give local authorities much greater certainty and avoid an excessive, disproportionate and unjustifiable burden on them.

When he introduced this group of amendments, I think the Minister hinted about Amendment 17. There is already a need for the Secretary of State, when he makes, varies or revokes a TRO, to consult with a traffic authority. The purpose is currently limited to ensuring public safety, reducing public convenience and taking into account the requirement to which the traffic authority is subject. But there is nothing that says account should be taken of the environmental effects. That should be added, because some of the plans—which may or may not be necessary—could have a significant, adverse environmental effect if there is too much construction traffic. I know there has been a very full environmental study of the whole route, but when we are getting into the detail, people will worry locally about where the traffic is going. If the environmental effects are not allowed to be considered, that would cause problems locally.

Amendment 18 relates to deadlines for the release of guidance. The proposed new schedule includes an obligation on the Secretary of State to prepare a guidance statement under paragraph 13, having consulted traffic authorities in respect of a traffic authority’s duty to consult under paragraph 1(2) and how the Secretary of State proposes to exercise his powers in respect of making, varying or revoking TROs under the schedule. This requirement is a welcome step. It ensures that the traffic authorities have the opportunity to be consulted, give their opinion and so forth. But what is missing is a deadline within which this guidance should be offered.

I have received strong pressure from some traffic authorities, saying that they need the guidance statement to be produced within three months of Royal Assent. As I said, they often have to process hundreds of these TROs a year. It is a big workload. They do not complain because it is the right way of doing things, but it would be good to have the guidance at an early stage so that they can take it forward in a structured way. I understand that the department has offered, in the form of an undertaking to a number of traffic authorities, an obligation to produce the guidance within three months. If the department is happy to offer that deadline, it raises the question of why that cannot be included in the Bill. Maybe I am too late with that, but it is a pity it was not included in the Bill.

I have nearly finished. Amendment 20 is confined to London roads. It comes from the fact that the road structure in London is different from the rest of the country. The duty to maintain a public highway falls on a number of different public bodies. The Secretary of State is of course the highway authority for motorways and trunk roads. Outside London, the county council, metropolitan council or unitary council has responsibility for the roads in the relevant area, except for motorways and trunk roads. But in London it is slightly different. TfL is the highway authority for Greater London Authority roads and then each London borough is the highway authority for all other roads in its area. Generally, the highway authority is also the traffic authority for the road. Traffic authorities have the power to manage traffic and can make TROs.

--- Later in debate ---

[Lord Ahmad of Wimbledon]

My Lords, again I thank the noble Lords, Lord Berkeley and Lord Rosser, and the noble Baroness, Lady Randerson, for their contributions, and for making time to meet me and my officials to discuss this issue. As I said in introducing the amendments in my name, I have made full acknowledgement, both in Committee and earlier this afternoon, about the way the amendments were originally presented. We learn from some of the issues that arise both from the legislative process and from the scale of a project such as this. As the noble Lord, Lord Berkeley, said, there are occasions when challenges arise and we try to deal with them. Equally, with infrastructure projects—not just HS2 but other projects coming forward—it is important to learn from experience, as we have from Crossrail. We have been putting in place much of what we have learned from the Crossrail experience, which has been positive, in our discussions.

I will speak to the specific amendments tabled by the noble Lord, Lord Berkeley, and I will address some of the issues raised by the noble Baroness and the noble Lord on issues around existing provisions and assurances. First, I put on record my thanks to the noble Lord for his specific help with the further development of the Government’s amendment on TROs. As I noted earlier, I totally understand the sentiment and I acknowledge the contributions made in this regard.

The noble Lord, Lord Rosser, asked about ongoing discussions. My understanding is that there are ongoing discussions but that they are mainly with TfL. Indeed, the latest meeting took place only a few hours ago—and, as I told the noble Lord, Lord Berkeley, outside the Chamber this afternoon, these discussions are going forward in a positive way, in terms of understanding and taking account of the concerns of, in this case, TfL. I will check, but my understanding—as I said to the noble Lord, Lord Rosser—is that the discussions are only with TfL and that the concerns of other local authorities have been addressed. If that is not the case I will confirm it to the noble Lord, as he suggested.

[Lord Berkeley]

We are all rushing to get the latest information, but I understand from my meeting with TfL and others yesterday that most of the issues under discussion cover the whole route, except for my last amendment, which was specific to TfL—but I may be wrong.

[Lord Ahmad of Wimbledon]

I will address those points specifically as I come to each amendment.

Amendment 14 affects only TfL and no other traffic authority. My officials have now shared a draft undertaking with TfL which addresses this issue and indeed goes further than what was raised. The amendment agrees a number of London boroughs in which the Secretary of State will issue the notice that this consultation requirement will not apply. Given that this issue, in terms of the undertaking, is already addressed in a legal contract, there is no need to include this proposal in legislation.

Similarly, Amendments 18, 19 and 20 are included in the same undertaking, which deals specifically with the concerns in a manner that will also avoid any issues with the potential rehybridisation of the Bill at this late stage—which I fully acknowledge is not the intention of the noble Lord.

Amendments 15 and 16 relate to roads on which the secretary of State can exercise his powers to make TROs, and seek to limit these to roads in relation to which a local authority must consult the Secretary of State. In this case I can assure the noble Lord that, as I said in my opening remarks, the powers of the Secretary of State to direct can be exercised only in the limited circumstances where it is necessary for HS2 and deemed reasonable. If it is necessary for the timely, efficient and cost-effective construction of HS2, and reasonable, the Secretary of State will be able to make the TRO.

--- Later in debate ---

[Lord Berkeley]

My Lords, I promise that I will be quick. This amendment concerns the need to keep the west coast main line trains running into Euston while HS2 is constructed. When the Minister kindly met me last week, I showed him a cross-section drawing that I received some time ago from HS2 which described building what most people call a bird-cage—it is a hell of a big bird-cage; it is several train storeys high—near Park Village East. It shows how HS2 trains have grade separation, but it is all underneath three or four tracks of the west coast main line. I cannot see how you can build this bird-cage underground and keep the trains running on top. I have not had a sensible answer from anyone as to how it will be done. Perhaps the bird-cage is being redesigned; perhaps the tracks will be moved over, if that is possible; but it is important that the Minister can confirm that the west coast main line trains will keep operating during construction, because the poor old commuters and long-distance passengers will not be very pleased if it is closed for six months.

I have not received any later drawings of that cross-section. Perhaps it has changed but, under the version I had, I should think that you would have to close Euston for about a year. I hope that that is not the case, and I am sure that HS2 is coming up with alternative designs, but somehow those four tracks going into Euston must be kept operational—except for the odd weekend or night. I beg to move.

[Lord Ahmad of Wimbledon]

I think the noble Lord just spoke to Amendment 10. I am just checking to make sure.

[Lord Berkeley]

Amendment 9 was not moved.

[Lord Ahmad of Wimbledon]

Although the majority of HS2 phase 1 construction work will not affect the existing railway, possessions will be needed where works to the existing railway are necessary, such as around Euston and Old Oak Common, to build junctions or indeed to cross other lines. However, we believe that the amendment is unnecessary as the design in the Bill retains the approach tracks, and our design development of Euston is exploring further work to ensure that all six approach tracks can be retained. This will enable the existing level of service to operate in and out of Euston until the opening of HS2 phase 1 in 2016.

We have also asked HS2 Ltd to undertake further design development with the object of minimising the impacts on the travelling public, protecting the current levels of train service and minimising the impact on local communities. I assure the noble Lord that possessions needed will be booked by or through Network Rail in accordance with standard industry processes. The possessions planning process includes consultation with the wider railway industry, including operators and users, to ensure that the relevant travel information is communicated to passengers and that possessions are considered in the context of wider railway operations.

For any such possessions, Network Rail will work with the industry to agree how and when to take such possessions to allow HS2 construction works to be undertaken. We will be able to take these possessions only with the agreement of passenger and freight train operators—but they cannot unreasonably withhold access. The decision on whether possession is agreed to or not will be driven by the train operators being satisfied that the possessions are necessary and efficiently planned, and that suitable passenger mitigations are in place to minimise disruption to services—which I know is the noble Lord’s concern. I assure him that we are working collaboratively with the railway industry to develop a route-wide communications plan to prepare passengers when engineering works take place.

We have previously talked about other infrastructure projects. This will include the lessons learned from experience of the London Olympics and other significant closures—the noble Lord mentioned London Bridge. Further work is under way so that we can understand passenger circulation while Euston station—a specific concern of the noble Lord—is being constructed. There will of course be regular discussion and consultation with operators of passenger and freight services as we move forward with planning and detailed design stages of the project, but I return to my initial comments about ensuring that those tracks are retained to ensure access to Euston.

Based on the details I have given, I hope that the noble Lord will be minded to withdraw his amendment.

[Lord Berkeley]

I am grateful to the Minister for that answer—and I am reasonably comforted. The procedures he outlined for taking possession, after consultation, are certainly what would be expected from a major project; they are the right way to do this and I am very glad that he outlined them. However, he did not quite say how we will get around this problem. This part of the project will involve digging a hole about 20 metres deep, and the final cross-section shows that it will be underneath two of the tracks. That is not a weekend possession. It will probably take the best part of a year—unless the plan is to move the tracks over and, presumably, pay for that to happen. So I will reflect on what the Minister said, but I will remain worried until and unless I see a new design from HS2 which solves the problem. I think that the present design is frankly insoluble without closing the west coast main line for a year—but I shall pursue this issue outside the Bill. On that basis, I beg leave to withdraw the amendment.

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[Lord Berkeley]

Following my noble friend’s excellent description of bats, is it true that they have found a type of bat directly on the centre line of the route which had never been found before? How much does it cost to move the bats? My noble friend has asked about the cost of removing badgers so they can be culled somewhere else. Nobody is going to cull the bats, of course, but there must be a cost to moving them too.

[Lord Ahmad of Wimbledon]

My Lords, I always say that your Lordships’ House serves as a great place of education. I praise the way in which the noble Lord, Lord Snape, introduced his amendment. As we come to the conclusion of our deliberations on Report, it is much appreciated and I commend his style. I turn to the specifics of the amendment. As many noble Lords will be aware, the environmental statement for the Bill ran to some 50,000 pages and exhaustively examined all potential impacts from the Bill scheme and provides the necessary mitigations, including, of course, for protected species.

The noble Lord, Lord Snape, mentioned specific protected species that could potentially be affected by phase 1 of HS2 and these include a number of bat species—I do not have immediately to hand information about the specific type of bat that has been found and the associated costs but I will write to the noble Lord, Lord Berkeley on that. The protections also cover otters, badgers, barn owls, not forgetting the notorious great crested newts. I am not going to claim to have seen one, but I assure the noble Lord that I will attempt to do so before Third Reading. On a more serious note, it is important that species are protected. The noble Lord mentioned the badger cull and asked for an absolute assurance. As a Minister responsible for steering the Bill through your Lordships’ House, I can assure the noble Lord and all concerned that the badgers moved for HS2 are intended to be moved only a short distance. None of them will be moved to the cull areas which the noble Lord listed. I have just had an update on the bat issue.

[Lord Ahmad of Wimbledon]

I will write to the noble Lord on that, if I may. Perhaps it will serve as an education for all of us. As I said, I have an update on the bats: I feel a bit like breaking news. I have been assured that there is no breed of bat on the line that has never been discovered before. However, there are a number of rare bat colonies near the line of the route and the mitigation measures that have been created include bat bridges. I expect the next question will be: do I know what a bat bridge looks like?

[Lord Berkeley]

Is the Minister aware that, about 10 years ago, his department constructed two bat bridges in Cornwall, at a place called Dobwalls bypass—which I go under most weekends. At that time, they cost £300,000 each and I asked a load of Written Questions asking how many bats used it and how many did not bother and just flew across the road. I got the number of bats that used it, but not the ones that flew across the road. Do we really need more of these bat bridges?

High Speed Rail (London–West Midlands) Bill

Debate between Lord Berkeley and Lord Ahmad of Wimbledon

Committee: 2nd sitting (Hansard): House of Lords
Thursday 12th January 2017 Grand Committee

[Lord Ahmad of Wimbledon]

As I said on the previous Committee day, looking at public law clauses is what a Committee and a Grand Committee do; that is, it looks at the implications overall of any Bill that is presented. The difference with a Select Committee is that it provides an opportunity specifically for petitioners who have an issue to raise that requires more detailed scrutiny to present their case in detail to Members of your Lordships’ House. The specifics of their particular petition are given an exhaustive review, and that is the difference. It allows for a much more detailed analysis of the private interests behind a petition. This is a normal and standard procedure used for Bills that are of an infrastructure nature. It is not new or novel but something that has been used previously. I trust that that provides further clarification but, in the interest of moving forward on the Bill, I am quite happy to provide a more detailed response in writing.

[Lord Berkeley]

My Lords, Amendment 18, standing in my name and that of the noble Lord, Lord Bradshaw, is to do with traffic and transport issues during the construction of phase 1. It came from a conversation I had with people at the West Midlands transport authority—I think that is the right name; it has just been changed—who expressed concern that the Bill could allow HS2 to restrict the flows on motorways or national rail services as it felt necessary without any consideration for the needs of other rail travellers or drivers on the motorway and local roads. They felt that the consultation had been not that comprehensive to start off with and they were really quite worried about this issue, which they say could cause major trouble and problems for traffic on rail and road during the construction. It seems that Camden Council has similar worries and I think that TfL probably does, too. Their solution was to propose this idea of a regional integrated command centre. I do not know whether that is the right term. It is not a sort of Army command centre but a co-ordination body to bring all the bodies which I have listed, including,

“Highways England, local highways authorities, emergency services”—

the transport authorities local and regional—

“transport operators and the nominated undertaker’s contractors”,

and probably a few more, together on a regular basis to plan what is going on and minimise the adverse effect of traffic and transport on the users.

We can debate whether there should be one centre covering the whole route or several. The amendment I have tabled says that there should be one but that is for discussion. This is one of those things which, if it does not happen, probably would happen several years on when there had been a crisis or disaster. My suggestion is that it should be set up from the beginning, whether that takes three months or six months or whatever. I hope that it would be funded by HS2; after all, they are the people causing the problem. I think this would be welcomed by all the different users and could be a major benefit to the communities along the route and the longer-distance travellers, who would see all the obvious problems which come with construction mitigated to some extent. I look forward to some interesting comments and debate on this proposal, which would be extremely cheap to run and very beneficial. I beg to move.

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[Lord Ahmad of Wimbledon]

My Lords, I thank all noble Lords who have taken part in this short debate. I recognise and endorse the underlying objective behind this particular amendment: to minimise, as we all desire, the impact of construction traffic through appropriate co-ordination with bodies. The noble Lord, Lord Berkeley, has suggested the creation of a command centre. In that respect, I disagree with him.

I wish to go into a few of the specific points that have been raised. First, on the point raised by the noble Lord, Lord Bradshaw, to which we have already heard a response, I concur with the noble Lord, Lord Young of Norwood Green. The Bill includes specific powers for the control of construction traffic by qualifying planning authorities. This means that the routes to be used by heavy goods vehicles must be approved by the qualifying planning authority where the volume of large goods vehicles—specifically, those over 7.5 tonnes—exceeds 24 one-way trips per day. The consent of the relevant highway authority is also required for the provision of any new or altered work site access to and from a highway.

My noble friend Lady O’Cathain raised the important issue that, as we move forward on these projects, we must learn from experience of what has happened before. The Crossrail project was cited. In that regard, we have already developed a code of construction practice, which requires the appointed nominated undertaker to prepare a route-wide traffic management plan in liaison with highway and traffic authorities, not forgetting the emergency services as well. This is an approach that was followed during the construction of Crossrail and worked well. We believe it will also work well in this respect.

The noble Lord, Lord Berkeley, also raised the issue of Crossrail traffic management. Although he is absolutely correct that TfL managed the strategic roads, there was still the need to manage traffic flows on the local roads, and those were very much managed by the local boroughs and the construction of Crossrail had a direct impact on them. We are proposing to use the same tried-and-tested method which, as I said, worked well for that project in this respect as well.

The route-wide traffic management plans will include, for example, managing and monitoring lorry flows, requirements for preparing workforce travel plans and the strategy for design and consultation regarding traffic management. In addition to this route-wide plan, the code of construction practice, which I have referred to, also requires the appointed nominated undertaker to prepare local traffic management plans in liaison, as I said, with the relevant highway and traffic authorities and the emergency services.

Once appointed, contractors will also be required to hold regular local traffic liaison meetings with highway authorities, public transport operators and, of course, the police. These will provide an opportunity for contractors to present proposals for future works affecting the highway, including methods of construction and the proposed programme. I hope that this demonstrates that the Government are very much committed to the sentiments behind the noble Lord’s amendment. However, we have learned, and continue to learn, from experience. The Crossrail project has been a positive one and the learning from it will certainly be applied to this project. I hope that that demonstrates to the noble Lord that his amendment is unnecessary.

[Lord Berkeley]

I really am grateful to all noble Lords who have spoken because I think their words, experience and responses will give a lot of comfort to those who have been pressing me to table these amendments. I do not want to see an enormous bureaucratic nightmare created. On the other hand, I do not want to see the promoter being stupid and closing two parallel motorways at the same time, which they obviously fear. So I am grateful to all noble Lords who contributed and to the Minister for his response. I beg leave to withdraw the amendment.

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[Lord Ahmad of Wimbledon]

My right honourable friend the Secretary of State referred to a specific line. I am sure that the noble Lord will acknowledge that other announcements also made by the Secretary of State in this regard refer to the importance, whatever governance structure is set up, of those who are responsible for running the railway line and the rail service working together in an integrated fashion. The underlying purpose is that common objectives can be set. At this juncture, I cannot give the noble Lord a complete answer on the running of HS2 in terms of who will run the service and who will run the lines; there are, of course, other ways in which services across the country are run. The Secretary of State has underlined the importance—and it is his intention—that, whatever the governance structure, there should be an integrated way of running lines and train services, with common objectives being set if different companies are running different services.

[Lord Berkeley]

My noble friend has to some extent pre-empted my Amendment 23, but we will come to that shortly. I am most grateful to the Minister for his response to Amendments 19 and 20 because it has given me a certain amount of comfort. I shall read what he said with great interest, but I look forward to not having to press him to bring in regulations later to right some mistakes in what will then be the Act. I beg leave to withdraw the amendment.

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[Lord Berkeley]

My Lords, again, I shall try to be quick. This amendment possibly links to what my noble friend Lord Rosser just mentioned. Noble Lords will be aware that Network Rail is in the process of restructuring itself into regions or zones, or whatever you might call them, with more autonomy over what it can do, and how it can make changes to timetables, maintenance and things like that. The plan is to create a control centre in Milton Keynes so that all the timetables for the whole country are integrated and you do not find problems at frontiers, which one is always worried about. The plan is that you will not find, as happened about 10 years ago, that the only two lines between England and Scotland are closed on the same weekend and there happens to be a rugby match on in Scotland. That was not very clever, and that was without separate regions or zones. Something needs to be done. Network Rail is going ahead with this, and I am sure that it will work fine.

It is the infrastructure that is being built under this legislation—we are not talking about trains much. We do not know yet who the infrastructure manager for HS2 will be; perhaps the noble Lord can give us some thoughts on that, but it does not really matter for the moment. The purpose of this amendment is to make sure that HS2 and the rail network talk to each other and work together. I have seen examples of this not happening in the past. In previous discussions with HS2 about timetables, it said, “When we get to the end of our line, it is up to Network Rail to timetable it”. I said, “Yeah, but you have to talk to each other, otherwise your trains will stop at a red signal and Network Rail won’t come along until the next week or whatever”. It is a simple thing, but they have to talk to each other. I am sure they will want to, but perhaps commercial pressures will mean that certain lines are closed on one day, and the other operator will want to close their lines at the same time. In this amendment, therefore, I am trying to argue that, whoever is the infrastructure manager for HS2, the timetabling, maintenance, closures and everything else must be integrated with the Network Rail operation and organisation system in Milton Keynes so that we end up with one network being run. I beg to move.

[Lord Ahmad of Wimbledon]

My Lords, again, I note very carefully what the noble Lord, Lord Berkeley, has suggested. I cannot disagree with his sentiments about the need for and emphasis on an integrated approach; indeed, we perhaps touched on it in the previous debate in response to the question raised by the noble Lord, Lord Rosser. HS2 services will run on Network Rail’s infrastructure as well as on the new railway. I assure the noble Lord that the management of the HS2 infrastructure and HS2 train operators will need to work closely with Network Rail and other train operating companies to manage all operational interfaces. As he suggested, work on the timetabling is an important part of that, and is already very much part of considerations.

In addition to day-to-day rail operations, and as the noble Lord alluded to, co-operation will be needed in respect of the wider network roles undertaken on the railway by Network Rail. He raised the issue of a rugby match in Scotland. I am not a rugby fan but I am a football fan, and therefore can imagine having to face a similar challenge. This is a frustration that arises for many people, not just sports fans—when you are visiting family and friends up and down the country, you want to know that there is an integrated approach to the railways. Therefore, I agree with the noble Lord that part of co-operation with Network Rail includes long-term planning, timetabling and co-ordinating network-wide responses, particularly at times of major work or disruption. The need for infrastructure managers to work together and co-ordinate was also emphasised by the noble Lord. He will be aware, as will others here this afternoon, that that is already addressed under the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016. I hope that, given the assurances I have provided, and following reflection on the regulations I have pointed to, the noble Lord will be minded to withdraw his amendment.

[Lord Ahmad of Wimbledon]

I am not sure that the noble Lord heard me correctly. I am saying that an integrated approach to future management will be required as regards the new track, the existing tracks run by Network Rail and those who operate the new services on HS2. The noble Lord is fully aware that Network Rail currently has responsibility for the rail network of the country. As I said, operators need to work in an integrated fashion across the network and to have common objectives, whether it is Network Rail or another company running a franchise on a particular line. I cannot go further than that except to say that these common objectives are aligned under the specific regulation to which I have alluded.

[Lord Berkeley]

I am grateful to the Minister for most of that response although we may come back to some of it on a later amendment. I beg leave to withdraw the amendment.

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[Lord Berkeley]

My Lords, the Minister kindly referred to the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016. This is another probing amendment to ask whether the Government intend that the High Speed 2 line should be declared a specialist infrastructure, which is allowed under these regulations. Regulation 25 states that the purpose of such a declaration is so that priority can be given,

“to that specified type of rail service in the allocation of infrastructure capacity”.

That all sounds fine, but it could become anti-competitive. That is certainly the case in many parts of the continent. I assume that more than one train operator may win the franchise, or whatever it is, to operate trains on HS2. I believe the Government’s intention at the moment is to have the west coast franchise on the west coast main line but also to operate the trains on HS2 as one franchise, which I think is a very good idea. Even so, there should be no need to give that operator priority over anyone else who might want to run trains on these lines—for example, an open-access operator.

Again, you have the problem that the Government, who probably not only own the infrastructure but also may have a financial link with the franchising process or perhaps a commercial link with the train operator, may want to give priority to their own operator. The latter may be in competition with an independent operator that wants to run trains on the relevant line. We have this situation on the existing network on the east coast main line and the west coast main line, and the regulator tries to ensure that there is fair play. I hope that would also happen in this case, but I would be very pleased to hear the Minister’s views on whether the Government have thought this through yet. I do not think that this has anything to do with who operates the infrastructure that we discussed a few minutes ago, because it is a question of the allocation of capacity and who gets priority. It is a very interesting question which will probably need further debate at some time. In the meantime I beg to move.

[Lord Ahmad of Wimbledon]

My Lords, with respect to this amendment, I should note that it is slightly at odds with the amendments tabled by the noble Lord, Lord Berkeley, seeking that the existing regulatory regime should apply to HS2. He referred to a particular provision; the provision in question enables the HS2 infrastructure manager to designate the railway as specialist infrastructure and thereby prioritise the type of rail services that have access to it. I know that the noble Lord and I, and others, have discussed before his keen support for the freight industry—indeed, his commitment to and passion for it. I fully recognise that. The business case for HS2, as the noble Lord is aware, is in supporting a significant level of public investment in HS2 to be used for high-speed passenger services. Each freight path on HS2 would use up to five passenger paths and cause significant delay and disruption to the planned operation of services, and in turn the business case for HS2. Running freight overnight would also not be possible, given the need to carry out the intense regular maintenance that this high-speed line will require overnight. Let us not forget the strict noise commitments that HS2 will work within, which do not include freight use of the line at night.

As the noble Lord, Lord Berkeley, knows, the real prize for the freight industry, if I may term it thus, will be the additional opportunities for freight services on the existing network once HS2 frees up capacity. The use of this released capacity will be determined via existing industry processes. Initial illustrative work suggests that once HS2 commences operation, it is not unreasonable to assume that between 20 and 26 additional rail freight paths per day could be made available on parts of the west coast main line.

Decisions regarding the appropriate operational commercial structure for HS2 will not be, and do not need to be, taken until we are much closer to the operation of the railway. We will consider whether HS2 or Network Rail should discharge that function.

Revisiting this issue, which I know the noble Lord has raised previously, illustrates that while the primary purpose behind building HS2 is focused on passenger services, there is a benefit to be had for the freight industry as well. I hope that he is therefore minded to withdraw his amendment.

[Lord Berkeley]

I am very grateful to the Minister for giving me that update on the freight situation. My amendment did not actually mention freight; I mentioned the open access passenger operator, but I take his point. This is something to discuss and keep warm. I thank him very much and I beg leave to withdraw the amendment.

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[Lord Ahmad of Wimbledon]

My Lords, the noble Lord did mention freight on this occasion, but I will not go beyond the mere mention of his mention. In both tabling his amendment and in his subsequent contribution, he has answered the amendment that he has proposed. I can merely confirm what he has already shared with noble Lords: such connections between infrastructure owners and train-operating companies are already prohibited under the existing regulatory regime. However, as I have already said, and as the noble Lord and other noble Lords have acknowledged, an important element is that we see greater integration in the setting of common objectives of those who run the infrastructure and those who run the train services. I hope that with that reassurance, the noble Lord will be minded to withdraw his amendment.

[Lord Berkeley]

I am grateful to the Minister and I beg leave to withdraw the amendment.

High Speed Rail (London-West Midlands) Bill

Debate between Lord Berkeley and Lord Ahmad of Wimbledon

Committee: 1st sitting (Hansard): House of Lords & Committee: 1st sitting: House of Lords & Report stage: House of Lords
Tuesday 10th January 2017 Grand Committee

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

My Lords, I thank all noble Lords who have taken part in this debate. Before I go any further, on behalf of the Government I join the noble Lords, Lord Adonis and Lord Rosser, in thanking the Select Committee. Members of the Select Committee did some incredible work and showed great dedication and devotion to the cause in terms of the petitions that were heard. I want to put on record my thanks and those of the Secretary of State and the Government as a whole for their work in that respect. I tuned into some of the sessions from afar, from my office at the DfT, and some very robust discussions took place in the committee.

The amendment in the name of the noble Baroness, Lady Randerson, goes to the very heart of the Bill. I thank the noble Baroness and acknowledge that these are probing amendments, seeking further clarification. As she rightly articulated, at Second Reading in the other place the principle of the Bill was agreed, and that did not include a spur such as the one being proposed. I empathise with her views and the views of those who support the amendment. I know that this is not the intention behind the amendment but if it was carried, it would have the result of re-hybridising the Bill. I am sure that is not the intention of the noble Baroness or those who spoke in support of the amendment.

[Lord Berkeley]

The question of hybridisation and additional provisions came up many times in the committee. The promoter wrote to me several times—this is one of the things I will talk about later—saying, “You cannot have an additional provision because it would have to go back to the Commons”. We knew all that but what nobody said was that there is a precedent for adding small works using the Transport and Works Act approval process. The argument that you cannot do something because it would turn it into a hybrid and send it back with additional provisions should not be used. If Ministers wanted to make a change, as they did with the HS1 Bill, when they added Stratford station under the Transport and Works Act, that would be a perfectly acceptable way of doing it. I hope the Minister will agree.

--- Later in debate ---

[Lord Berkeley]

My Lords, I am grateful to all noble Lords who have spoken in this short debate. At one stage, I felt that I had really put the cat among the pigeons in an unacceptable way, but we have come back to the text of the amendments, and I am grateful for the Minister’s response. I want the scheme to go ahead. It is needed for capacity, as my noble friend Lord Adonis said. My worry is to do with the costs. As the Minister knows, I have been meeting senior officials of HS2 and his department, probably for two years. In connection with the Euston scheme, it was clear to me that there was no cost estimate for the AP3 scheme, as it is called; that is why we decided to price it for them. The figure came out at £8.25 billion. Because it was so high in relation to the total cost of phase 1, I thought it was very likely that there would be a serious cost overrun for phase 1, which could put the project at risk, which I do not want to happen.

If HS2 or his department have figures for costs, is the Minister willing to share them with us? We have a big schedule here of the costs of the whole project from railway control systems, train power, enabling works and building works to signalling. If we have got it wrong, I would like to know about it. We have a blank screen at the moment. Could we have a meeting on this before Report when we could share these costs with his officials?

[Lord Ahmad of Wimbledon]

If there is anything that we can assist with between different stages of the Bill I would welcome meetings, either directly with myself or with officials, and if schedules allow we will arrange them. On the cost of the Euston AP3 scheme, an estimate of expense was deposited in September 2015, as required by Standing Orders, and I hope that the noble Lord is aware of this.

[Lord Berkeley]

I am grateful to the Minister. Perhaps we can follow this up afterwards. I beg leave to withdraw the amendment.

Railways: East Coast Main Line

Debate between Lord Berkeley and Lord Ahmad of Wimbledon

Thursday 8th December 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

My noble friend is always a strong advocate for Lincoln, and I assure him that we will excuse him the unintended pun of “back-tracking”. Let me also assure him that services will continue to expand. Indeed, as he may be aware, VTEC—Virgin Trains—will also be running additional services from 2019 on the link to Lincoln.

[Lord Berkeley (Lab)]

Will the Minister confirm that the eastern arm of HS2 phase 2, when it is complete, is designed to take most of the capacity from the east coast main line? Can he tell us whether the rest of the line will be downgraded to a kind of regional line, maybe with lots more freight on it?

[Lord Ahmad of Wimbledon]

We have a range of specialist interests and, somewhat expectedly, the noble Lord rightly raises the important issue of freight. The strategic freight network has spent about £4 million particularly on the southern section of the east coast main line, but he is quite right that the HS2 line, once it is up and running, will free up extra capacity for both passenger services and, importantly, for freight services as well.

Train Operating Companies

Debate between Lord Berkeley and Lord Ahmad of Wimbledon

Tuesday 6th December 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

I have made a note of the noble Lord’s concerns. I assure him that with all infrastructure projects across the transport sector and not just today’s announcement, the challenges surrounding the environment and particularly noise are key in the Government’s agenda, but I will certainly follow up in more detail the specific point that he has raised.

[Lord Berkeley (Lab)]

My Lords, I declare an interest as chairman of the Rail Freight Group. If the passenger operators are in charge of the signal box, how will freight grow? The Government have already published a freight strategy, but I cannot see the passenger operators wanting more freight if they are going to be in charge of the signal box.

[Lord Ahmad of Wimbledon]

As the noble Lord points out, we published a rail freight strategy in September. As I am sure he would acknowledge, it reaffirms our commitment to the industry and sets out how we want this business to work. When it comes to any new working arrangements, such as the new alliances on one route that have been announced today, we want to ensure that priority is given to the interests not just of passengers but of freight, which is a crucial part of our country’s economy.

Bus Services Bill [HL]

Debate between Lord Berkeley and Lord Ahmad of Wimbledon

Report: 2nd sitting (Hansard - part one): House of Lords
Monday 24th October 2016 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, we debated many of these issues in Committee and earlier. I mentioned in Committee the issue of Cornwall being allowed to do certain things, even though it does not have a mayor. I was rather shocked to hear the Secretary of State for Communities and Local Government at a conference in Exeter on Friday, which was about making the south-west flourish and grow. Somebody raised the question of what a mayoralty can do which a local authority cannot. The Secretary of State responded, “If you want any money for the regions, including for transport, you had better get an elected mayor pretty quick”, and said that Somerset, Devon and Cornwall must have an elected mayor if they want any money. We can debate long and hard whether those three counties plus the cities of Plymouth and Torbay would ever agree on an elected mayor; that is a slightly different issue. He went on to say that the agreement that has been reached between Cornwall Council and the Government was of no interest because there was no money involved. They would not get any more money unless they elected a mayor. I imagine that this applies to any other rural part of the country.

Can the Minister say in this connection—because it is all to do with money at the end of the day—whether the Government have changed their policy on regional support for transport? The regions, and certainly Cornwall and the south-west, will lose a lot of money because of the Brexit situation, so if they want any money for extra services such as bus services, whether they are community services or something else, does that mean that they will have to become a mayoralty, and we will have a mayor of the south-west and a mayor of Cornwall? This is quite radical. The Secretary of State was absolutely adamant about this in response to several questions from the audience. Maybe the Minister has not had a chance to hear about this, but it will be interesting to hear whether the Government’s policy has changed.

[Lord Ahmad of Wimbledon]

My Lords, I thank all noble Lords who have taken part in this debate. On that final point from the noble Lord, Lord Berkeley, I am sure he will not be surprised to hear that I will look into those comments. However, the Government’s position has been made clear during the course of the Bill. Certainly, on the franchising issue and specifically on mayoral authorities, we believe that they are the preferred model because of their governance issues. On the other issues he raised, I have not seen those comments so it would be inappropriate for me to say any more at this juncture. However, I will read his contribution and come back to him.

The amendments before us concern the Public Services (Social Value) Act 2012. As we all agree, and as I have said repeatedly, we accept the principle that it encourages those who commission public services to talk to their local providers and communities to design better services. The noble Baroness, Lady Scott, first raised this issue at Second Reading and it has been a constant theme throughout the passage of the Bill.

As I have said before, and as noble Lords have acknowledged previously, the 2012 Act already applies to certain procurements by local authorities. In addition, based on our discussions both at Second Reading and in Committee—I hope noble Lords have seen the draft guidance that my department issued recently—we have taken on board the comments and contributions made in the debates on the Bill to ensure that that is reflected appropriately in the guidance. As I am sure noble Lords have seen, it sets out that where the provisions of the Act do not apply because the procurement value falls below relevant thresholds, there is still a need for local authorities to apply the core principles of the Act when procuring services. So not only have we listened but we have acted to strengthen the guidance beyond the original provisions of the Act.

As I said in Committee, we do not believe that we need reference in the Bill to an existing piece of legislation that applies in its own right. However, we accept the principle, and that is why we have strengthened it in the guidance that will accompany the Bill. More broadly, I think that noble Lords are keen to ensure that authorities think about the social, economic and environmental benefits and impacts of schemes. I agree entirely but point out that the Bill already requires authorities to think about these benefits through the franchising and enhanced partnership provisions.

As noble Lords will no doubt recall, as part of their assessment of their proposed franchising schemes, authorities will need to consider value for money, which will include detailed analysis of the social, economic and environmental impacts. Likewise, for enhanced partnerships, the Bill specifies that a scheme can be introduced only where it brings benefits to people using buses or where it reduces congestion, noise or air pollution. Therefore, the Government have listened and, as can be seen from the way we have strengthened the guidance accompanying the Bill, as well as the provisions of the Act relating to the procurement of services, we have specifically considered the social, economic and environmental costs of schemes, and that is well embedded in the Bill.

I hope that noble Lords will be assured by the action we have taken to strengthen and enhance the guidance accompanying the Bill. The existing legislation will be brought to the attention of local authorities and will be referenced in that guidance. We feel that using the guidance is the appropriate way to address this important topic. Again, I thank noble Lords, particularly the noble Baroness, for raising this issue at an early stage in the Bill. I feel that we have made progress and I hope she will feel minded to withdraw the amendment.

Southern Rail

Debate between Lord Berkeley and Lord Ahmad of Wimbledon

Tuesday 6th September 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

On the noble Baroness’s second point, I know that my right honourable friend the Secretary of State is looking at the whole issue of compensation, including making it available for delays of 15 minutes; noble Lords will know that it is currently available for delays of 30 minutes. On the specific app, GTR has specific processes for delay and compensation, and an online form is available. One thing it does not entertain is third-party applications. If there are specific examples of compensation applications being directly made via the online application that have then not been paid out, I would be happy if she wrote to me with the detail so that I can take it up directly.

[Lord Berkeley (Lab)]

My Lords, can the Government confirm that the train operators concerned in this present dispute have safety cases to allow one-person operation of the trains? I recall that it happens in many parts of the country and clearly, they must have got it, but this problem has been going on for much too long. Will the Government put as much pressure as they can on Chris Gibb and his team to get everybody around a table to sort it out once and for all?

[Lord Ahmad of Wimbledon]

I am sure that many of those who know the rail industry also know that Chris Gibb himself also brings around 30 years’ experience. His appointment will expedite the resolution of what has been, as the noble Lord rightly points out, a long-standing dispute; obviously, the people who are suffering are the customers.

Bus Services Bill [HL]

Debate between Lord Berkeley and Lord Ahmad of Wimbledon

Wednesday 20th July 2016 Lords Chamber

[Lord Berkeley]

My Lords, it is difficult to agree with everyone on this point. In response to my noble friend Lord Snape, nobody is going to run a community bus service if a bus service is already running. Presumably that service would be making a profit under his definition, so in theory there would not be a need for another one.

Turning to the amendment, the community bus route is based on the community interest company model, which I imagine was introduced by the Labour Government 10 or 15 years ago, although I cannot remember exactly when. I found one CIC on the internet called the Dales and Bowland Community Interest Company, which runs bus services in the Dales. The point is that it is not designed to make a profit—in fact, it is not allowed to make a profit unless it reinvests it. Unless something like that operated, it is pretty clear that there would be no bus service, so I suspect that, for areas which do not have bus services at the moment or which are thought to be unsuitable for such services, this kind of model makes a really good contribution.

One benefit of the CIC model is that it is very easy to set up—I am involved in one at the moment, although not in connection with buses—and it is easier to get funding for a CIC than it sometimes is for a commercial operation. Officials in the Department for Transport have basically said, “In some circumstances we would be pleased to consider a contribution from the department or from local authorities”. It might be easier to give it to a CIC which demonstrated that there was a need and that it was prepared to work towards participating in providing a service than it would be to give it to a local authority.

I have slight concerns about the text of the amendment. My noble friend Lord Snape talked about the six-month moratorium, but I think that the principle is very sound. I believe that community buses were one of the main reasons that CICs were set up in the first place. I hope that, when the Minister replies, he will look on the principle with favour and, if the text is not quite right, I hope that that can be discussed before the next stage. Integrating all the other bus services that we are talking about in the Bill with ones that would not operate without some community involvement—not to make a profit but just to provide a service for the people who need it—is a very important element.

[Lord Ahmad of Wimbledon]

I know that, as has been said, local bus services are very important to our local communities. As noble Lords have said, they act as a lifeline for many, getting people to and from work. Whether the services are required for education, health or leisure facilities, I say at the outset that I sympathise with the aims of the amendment and agree that bus routes can have a real community worth. I am also aware of the issues that many people are experiencing at the moment with bus services being reduced or cut. There is no doubt that many local authorities are facing funding issues and have difficult decisions to make about the services that they may be able to subsidise.

It may be helpful if I say a little about the community transport sector and the total transport initiative, which I think will be of interest to noble Lords and which can help achieve the outcomes that I think are intended by the amendment.

The community transport sector can offer services that address local needs and increase patronage, particularly where commercial bus services are not viable. The sector is well placed to serve more isolated communities and can provide crucial services linking individuals and communities to existing transport networks, work, education, shops and so on.

The department is extremely supportive of the sector, with our recent £25 million community minibus fund helping more than 300 local groups across England. The total transport initiative also offers a significant opportunity to make the funding available to authorities and public bodies for the provision of transport go further. This involves integrating the services that are currently commissioned by different central and local government agencies, allowing resources to be used more efficiently and resulting in services to passengers that are more effective at meeting their needs.

Although I sympathise with the aims of the amendment, I do not think that it will resolve any issues relating to the continued provision of services on routes that are deemed to be of community value. I agree that where services are to be cut or reduced significantly in frequency, commercial operators, or local authorities in the case of subsidised services, should do all they can to consult and inform local communities. However, I do not think it is reasonable to force operators to continue to operate a service, potentially to their financial detriment, for a period of six months. Operators of registered bus services are, in any event, obliged to give a traffic commissioner at least 56 days’ notice of their intention to stop running a service.

That said, I agree that there is more we can do to champion the community transport sector, seeking to use public funding for transport in the most efficient ways. I will also think further on the point raised by noble Lords regarding training and advice for local community groups to help them understand the options that are open to them. I would encourage local authorities, communities and operators to work together to address issues relating to the continuity of services to passengers.

The noble Baroness, Lady Bakewell, raised the specific issue of funding for bus services to enable people to access education. I note the important points that she made and agree totally that young people need access to transport to get to a school or further education college, as well as for employment purposes. However, I believe that this is a policy matter in which my colleagues in the Department for Education and the Department for Communities and Local Government also have an interest. I will therefore speak to colleagues in both those departments and write to the noble Baroness in respect of the points that she has raised, copying other noble Lords into that correspondence.

I hope that the explanation that I have given has in part persuaded noble Lords that the Government understand the community worth of local bus services and are keen to find ways to ensure that local communities can work together with a view to addressing issues and increasing the understanding of passenger concerns. I hope that I have gone some way to assuring the noble Baroness to the extent that she feels able to withdraw the amendment.

--- Later in debate ---

[Lord Ahmad of Wimbledon]

My Lords, as has been said by those noble Lords who have contributed to this short debate, this is something that we have talked about in terms of the principle. The amendment would ensure that local transport authorities set out mechanisms through which passengers are involved in the monitoring and evaluation of any scheme that is implemented as a result of the Bill.

Turning first to the aspect of the amendment that relates to passenger representation, the noble Lord, Lord Kennedy, proposed a similar amendment which was discussed on the second day in Committee. As I said then, hearing from passengers helps authorities and operators to understand the needs of their local communities and to design schemes that can bring real benefits. I am also keen to ensure that any authority implementing either a franchising or partnership scheme thinks carefully about the outcomes it is looking to achieve, and how it will evaluate and monitor the performance of the scheme. I further agree that passengers should be involved in that process, as they will be the ones with the day-to-day experience of using the services.

I am therefore happy to consider how best to accommodate this. I will consider what the noble Lord, Lord Whitty, said about how the Government plan to outline this and whether we look to further guidance where we can better set out our wider expectations relating to how passengers should be involved throughout the process, both while schemes are being developed and once they have been implemented. I will provide, as the noble Lord requested, further clarification in advance of Report.

Turning to the second half of the amendment, which relates to complaints procedures, I agree that it is important that passengers’ voices are heard and that their complaints are dealt with effectively.

It is always good to be in advance of the Box note. I have just received one that says, “I would be pleased to write to the noble Lord, Lord Whitty, in that respect”. It shows that Ministers can think for themselves. That may be a startling revelation to the Box, but I am sure my officials are well versed in how I work.

There is a well-established procedure for handling complaints about bus services, whereby complaints are first made to the operator. If the passenger remains dissatisfied, they can be taken up by Bus Users UK and finally by the Bus Appeals Body. This procedure has been endorsed by Transport Focus, the statutory champion for bus passengers. I am keen to ensure that passengers who use services specified under a scheme of the kind set out in the Bill have access to a complaints procedure at least as good as the one currently in place.

I recognise that the authority may have a role to play in dealing with complaints, particularly where it has introduced franchising. I therefore agree entirely that complaints procedures should be clear to all passengers, and that any authority introducing a franchising scheme in particular should clarify its role in the process, working with Bus Users UK and others. I suggest that we have further discussions on these matters and hope that, with the reassurances I have given and the commitment to write to noble Lords in advance of Report, there is sufficient reassurance of the seriousness with which I intend to consider this proposal, and the noble Lord will be minded to withdraw his amendment.

[Lord Berkeley]

I am grateful to all noble Lords who have taken part in this short debate and the Minister for his reply. I think he has also responded to my Amendments 124A and 124B, but if he has not he can do so. It would be good to have a letter from him covering all these things because they are all interrelated. I am pleased that he has seized on the need to get the right information and then make sure that it is independent and circulated so that people know about it. That is the best way of incentivising operators to do better if they are failing. With that, I beg leave to withdraw the amendment.

--- Later in debate ---

[Lord Ahmad of Wimbledon]

My Lords, an important element of the Bill is the availability of journey planning and information about bus services. This clause will facilitate the provision of information about timetables, fares, routes, tickets and live information about bus arrival times and enable it to be accessed openly, which should lead to better journey planning information for passengers. I should say to the noble Lord, Lord Snape, that of course I recall his kind invitation and my acceptance of it. However, when I returned to the department it was my understanding that my honourable friend Andrew Jones would take up his offer. There is no reason why both of us cannot take up his offer and I shall certainly look into exactly where we are in that respect. The focus is on the provision of information that will be helpful to passengers in making informed decisions about whether to make their journey by bus or another transport mode.

I shall turn first to the amendments of the noble Baroness, Lady Jones, and the noble Lord, Lord Berkeley, whereby the information that may be prescribed would include information about the environmental impact of bus operations and vehicles, including information on the emissions of the vehicles in use. I am sympathetic to the desire of noble Lords to ensure that operators and local authorities are aware of the impact of local bus services on the environment. However, I do not believe that this information is crucial for journey planning purposes. Local authorities would already be aware of the environmental impact of buses on the local area. Other parts of the Bill will give local authorities greater powers to influence the types of vehicles used by operators when providing services.

The noble Baroness and the noble Lord have also proposed further amendments whereby the information that may be prescribed would include information about complaints made about bus services, including their number and nature, as well as performance statistics on matters such as punctuality and reliability. Again, I am sympathetic to the desire to ensure that passengers have access to complaint and performance statistics, but I am sure that noble Lords will agree that raw complaints data should be read with a degree of caution as by themselves they do not necessarily give a full picture of the performance of a service. That said, I would not seek to play down the importance of complaints. There can be instances where well-organised campaigns on a specific issue can give the impression that a service is rather worse than it actually is and could deter passengers from using the bus as a consequence. I recognise that punctuality and reliability are important factors for passengers using bus services. I therefore reassure both noble Lords that this clause has been drafted in such a way that the release of punctuality data could be included in regulations made by the Secretary of State if it was considered appropriate after consultation with stakeholders.

The amendment proposed by the noble Lord, Lord Berkeley, would extend to matters such as the,

“helpfulness of the bus driver and comfort”,

of the vehicle. Matters such as these are subjective and are best covered by evidence-based customer satisfaction research of the kind conducted by Transport Focus which puts them into their correct context, in particular through the Bus Passenger Survey.

[Lord Berkeley]

When the noble Lord responded to my amendment about punctuality and so on, he said that those matters could be set out in regulations following consultation with stakeholders. To me, stakeholders are mainly the bus operators and they really will not want their punctuality to be monitored. I hope that the stakeholders will include passenger representatives and others who might have a different view.

[Lord Ahmad of Wimbledon]

Certainly the discussions that we have had to date reflect exactly what the noble Lord has articulated. Having a single stakeholder in a service which has a much wider emphasis is of concern. I note that the noble Lord rightfully wants to put representative groups for bus users at the centre of what we are seeking to do here. I understand the issue that the noble Lord has raised.

I turn next to the amendment proposed by the noble Baroness, Lady Randerson, whereby the Secretary of State would have to ensure that any regulations under these provisions always make provision for the information to be freely available and for registration information to be provided to a traffic commissioner. I sympathise with the noble Baroness in wanting to ensure that the information is freely available. We want to encourage the development and use of apps and journey planners, a point we debated at Second Reading. However, there may be circumstances where it becomes necessary to limit access, and the obvious question is where that might be. There may be cases where the design of an app is such that it imposes a strain on the technical infrastructure which supports the release of the information or a poorly designed app that makes excessive demands for frequent information updates. Those are just a couple of the examples that come to mind.

It may also be appropriate to time-limit the disclosure of certain information—for instance, about fares—which is being shared in good faith but is often commercially confidential until the day of the fare change, a point made by my noble friend Lord Attlee in the debate at Second Reading. The disclosure of commercially confidential information was also raised by the Delegated Powers and Regulatory Reform Committee. I will consider again how best to address the committee’s concerns with the aim of bringing forward amendments on Report. Again, if I can provide further clarification in advance, I will certainly seek to update noble Lords.

I hope that with the explanation I have given, the noble Lord will feel minded to withdraw his amendment.

--- Later in debate ---

[Lord Berkeley]

My Lords, my reading of this clause is that even those authorities that are running bus services now will not be able to do so in future. That is very serious. To respond to the point made by the noble Earl, Lord Attlee, if a local authority wishes to run a bus service, it does not need a franchise itself: it can just run the service. Ditto, it does not have to have an enhanced partnership with itself: it can just run the service. So it seems to me that if the local authority wanted to run the service it could just do it if this clause was not there. It does not need to have a conflict of interest.

I support all noble Lords on this side of the House who have spoken. This is a really bad clause. It has many similarities with the railway industry, which we can go into. I very much hope that we will see the end of it quite soon.

[Lord Ahmad of Wimbledon]

My Lords, it was all going so well. I am of course deeply hurt that the noble Baroness suggested that this was nasty and vindictive. I am sure the noble Baroness was referring to the—

--- Later in debate ---

[Lord Berkeley]

My Lords, I support my noble friend’s Amendment 128 and will speak very briefly to my two amendments. Several of us spoke about this at Second Reading. I agree with my noble friend that the bus sector needs a strategy. After all, rail passengers have a strategy. Rail freight is having one soon, I am told. There is a roads strategy. There are strategies to do with most things in transport, except buses. I really think it is time for it and I will certainly support my noble friend if he puts a nice amendment down as Clause 0.

[Lord Ahmad of Wimbledon]

My Lords, I am not sure you can have a Clause 0, can you? I bow to the wide expertise around the Committee. You can certainly get “zero” fizzy drinks or whatever but let us not open up that debate. I am grateful for the courteous manner in which the amendments were introduced. This group relates to proposals to introduce requirements to produce new national strategies for bus services, and looks to place requirements on local authorities to increase the number of passengers using bus services.

I have said before—indeed, it is a sentiment shared across the Committee—that we want to see more people using buses. Perhaps the recent influx into the Chamber is reflective of that sentiment among noble Lords. Of course, I agree with the intention behind Amendment 129 in the name of the noble Lord, Lord Berkeley. Buses help people get around and should be an integral part of any public transport system. Public transport works best where it is considered holistically, with bus services integrated with cycling infrastructure, trains and trams, or in the form of park and ride facilities. I agree that authorities considering any of the new tools in the Bill should be looking to improve their local bus services and to encourage more people to use public transport.

However, I am concerned that this amendment may bring unintended consequences; for example, a local authority may introduce a new tram system and may look to increase the overall number of journeys made using public transport but the proportion of journeys made by bus may decrease. It may be more sensible, therefore, to encourage authorities to address the issue of increasing the number of public transport journeys rather than just journeys made using bus services. I trust that this gives the noble Lord sufficient reassurance of the seriousness with which I intend to consider the aims of Amendment 129, and hope he will agree not to move it.

Amendments 128 and 130 would require the Secretary of State to develop and issue a national bus strategy and a bus services investment strategy for England. As I have said in previous Committee debates, devolution is an important theme, which has informed the development of the Bill. The Bill is all about providing authorities with new tools to enable them to improve their local services in the way that best suits their area. It is not about imposing particular models.

Central government has a valuable role to play in setting the wider agenda through policy initiatives such as the low-emission bus scheme and our total transport pilots, which I mentioned in the previous group of amendments, but I do not think that centrally determined strategies for local bus services would help authorities address particular issues relevant to them and their area. As such, it does not seem sensible for central government to set national strategies when it is local authorities and bus operators working together that will be designing services and setting standards locally.

Additionally, I have previously explained that my department helps support local bus services outside London by paying some £250 million per year of the BSOG. As I said in the previous group of amendments, we are already reviewing the BSOG system, with the aim of ensuring that funding is targeted where it is most needed. It is through that work that we should establish and set out central government’s priorities and objectives for the funding provided. I trust this gives the noble Lords, Lord Whitty and Lord Berkeley, sufficient reassurance to withdraw and not move their amendments.

Bus Services Bill [HL]

Debate between Lord Berkeley and Lord Ahmad of Wimbledon

Monday 4th July 2016 Lords Chamber

[Lord Berkeley]

I received a lovely letter from the Minister, but only this morning.

[Lord Ahmad of Wimbledon]

As long as it was lovely, that is the important point to bear in mind. I thank all noble Lords, particularly the noble Baroness, Lady Jones, and the noble Lord, Lord Berkeley, for tabling their amendments, and acknowledge the noble Baroness, Lady Scott, for bringing this issue to the fore. The amendments aim to ensure that authorities think about the wider social, economic and environmental benefits of establishing a franchising or enhanced partnership scheme and remind authorities of their obligations relating to educational and socially necessary bus services.

Amendments 58A and 99ZA, tabled by the noble Baroness, refer to the Public Services (Social Value) Act 2012, which the noble Baroness, Lady Scott of Needham Market, mentioned in a previous Committee debate. As I have already indicated, and as the noble Baroness has acknowledged, I have written to her on this matter. My understanding is that the Public Services (Social Value) Act 2012 requires authorities which commission certain public services to think about matters relating to securing wider social, economic and environmental benefits in the context of procurement.

I believe that it would be useful to use the guidance that will accompany the Bus Services Bill to remind local authorities of the duty that the Public Services (Social Value) Act 2012 places on them in certain circumstances and to give some guidance on the approach to be taken in relation to procurement activities not covered by the Act. I assure noble Lords that, on the contribution of the noble Baroness, I immediately set the ball in motion. Work is in hand in the Department for Transport to consider how best we achieve this and it is getting some accolades. The noble Lord, Lord Whitty, is not in his place, but it is becoming a fast favourite of the noble Lord.

I also agree that any authority looking to establish a franchising scheme or an enhanced partnership scheme should think carefully about the wider social, economic and environmental benefits that such a scheme could bring. The Bill includes requirements for authorities looking to establish a franchising scheme or an enhanced partnership to think about whether the proposed scheme would contribute to the achievement of relevant policies and to consider the impacts of such a scheme. I hope this has reassured noble Lords that the social, environmental and economic issues will be considered as schemes are developed and that references will be made quite specifically in the guidance that accompanies the Bill to ensure authorities are aware of their obligations under the Public Services (Social Values) Act 2012.

Amendments 58B and 99B, tabled by the noble Lord, Lord Berkeley, relate to educational and socially necessary services. Authorities have certain duties to consider whether to provide socially necessary services, and they also have certain duties with respect to providing home-to-school transport. I agree entirely that authorities should consider these obligations as they develop franchising or enhanced partnership schemes as co-ordinated commissioning of public transport for the whole area can lead to real efficiencies. This is one of the core principles of total transport, and I support it wholeheartedly.

The obligations on local authorities with respect to socially necessary and home-to-school services remain in place regardless of whether franchising, enhanced partnerships, or any other model is employed and I do not think it is necessary to restate these requirements in the Bill. I do however recognise that we can continue to do more to ensure that authorities are reminded of their obligations through the guidance that I have mentioned already.

The other issue raised by the noble Lord’s amendment is that of an authority subsidising certain services which would not otherwise be provided. Authorities already have the ability to do this, and the Bill does not change that. I fully expect that authorities will subsidise certain services in a franchised model for example and confirm that this will be possible under any of the new models proposed through the Bill. The noble Lord, Lord Berkeley, talked about ferries. There is nothing to stop local authorities working with local operators to integrate ferries locally. Merseytravel’s multi-operator ticket already does this. It is unlikely that including a reference to ferries and the 2012 Act in this Bill would fall within the permitted scope, but I will consider the point and will write to the noble Lord if I am not correct in this respect. I hope that the assurances I have given have gone some way to addressing the issues that noble Lords have raised and that the noble Baroness will withdraw the amendment.

Bus Services Bill [HL]

Debate between Lord Berkeley and Lord Ahmad of Wimbledon

Monday 4th July 2016 Lords Chamber

[Lord Berkeley]

My Lords, I shall be even briefer. I fully support Amendment 77. The noble Baroness, Lady Randerson, is absolutely right. We have talked about ticketing before and the word “shall” should go in there. It is an excellent amendment.

Amendment 78 would require the ticketing system to be extended to demand-responsive transport and flexible bus services, assuming that the operators agree. I am sure they will but, as the noble Baroness said, if we do not put something like this in, they could argue that it should never be and we will be left for the next 30 years without a flexible bus ticket that you can interchange. That is why I tabled this amendment.

[Lord Ahmad of Wimbledon]

My Lords, I thank both noble Lords for their contributions. As noble Lords have heard me say many times, this is an enabling Bill. It will make powers available that local authorities may adopt to improve bus services in their area. Noble Lords will know that this Bill also forms part of our approach to devolution, giving local authorities the tools for local decision-making on these important issues. I believe and, indeed, expect that local authorities will give full consideration to these new powers and adopt them where they can show that they will make a clear improvement to bus services.

Based on these contributions, I do not think it is necessary to amend the Bill as proposed. As it stands, the Bill provides the carrot in the form of practical powers while local interests provide the stick. I would argue that this is the right balance for local decision-making. I am also confident that local authorities will implement advanced ticketing schemes where they conclude that such schemes would both be in the interests of the public and contribute to the implementation of their local transport policies. I assure all noble Lords that we have taken ticketing seriously across the whole of the Bill, not just by making changes to the existing ticketing provisions but also through the powers available under two new types of partnership and franchising schemes. I fully expect to see some significant developments across the country in the next few years, in part enabled by this Bill.

Ultimately, however, I believe that decisions about new local ticketing arrangements should be taken locally. On that basis, and given the undertaking I have given, I hope the noble Baroness is minded to withdraw her amendment.

I thank the noble Lord, Lord Berkeley, for tabling Amendment 78. I know he has a close personal connection to Cornwall, where community transport delivered under Section 22 of the Transport Act has done much to improve connectivity for rural communities. I understand that the aim of this amendment is to extend the proposed powers to make advanced ticketing schemes, so that such schemes may also cover tickets for journeys on services operated by educational and other bodies, and on vehicles used under a community bus permit, where operators of such services agree to be part of such a scheme. This is an issue I would like to consider further. I can see some merit in bringing community bus services operated under Section 22 of the Transport Act 1985 into advanced ticketing schemes. It could generate additional income for operators of such services and help integrate community transport into the wider network. Noble Lords will note, however, that services operated under Sections 19 and 22 of the Transport Act are not classified as local services and, as such, are exempt from the franchising and partnership provisions of the Bill. It is right that these services remain outside the scope of franchises and partnerships, as they are particularly focused on the needs of the local community.

Services operated under Section 19 of the Transport Act 1985 are those operated by bodies concerned with education, religion, social welfare and other activities of benefit to the community. Therefore, apart from the issue of extending the scope of ticketing schemes, the noble Lord’s amendment would require a change to existing legislation, given that vehicles used under a Section 19 permit cannot carry members of the general public. Any change to the way services are provided under Section 19 would require consultation and careful consideration.

The amendment of the noble Lord, Lord Berkeley, has some merit in enabling community transport to be part of a ticketing scheme; it raises important issues regarding services operated by educational and other bodies; and edges towards the area of total transport, in which the Government have a growing interest. As such I would like to consider it further.

I turn briefly to government Amendments 79 to 82 and Clause 7. These amendments concern the procedures for varying or revoking an advanced ticketing scheme, so that the consultation requirements for variation and revocation mirror those for making a scheme. This corrects the drafting of the Bill—I hope that the noble Lord, Lord Kennedy will not suddenly rush to his feet and ask me to give way at this late hour—but I assure the noble Lord that it does not change the policy intention. It was always the Government’s intention that variation and revocation of an advanced ticketing scheme should be subject to these procedures, and as such I beg to move the amendments in my name.

Bus Services Bill [HL]

Debate between Lord Berkeley and Lord Ahmad of Wimbledon

Wednesday 29th June 2016 Lords Chamber

[Lord Berkeley]

My Lords, I apologise to the Committee, because Amendments 17A and 17B should have been grouped. We have already discussed Amendment 17B: it is to do with standards and frequencies. I do not intend to repeat everything now, but if one took the two amendments together, the effect would be to remove sub-paragraph (iii) on page 6, line 15, and turn it into separate paragraphs (h) and (i), which would put frequency and service under the same level of specification as all the other items in that list.

I hope that I have explained that properly and put it on the record. I do not need to detain the Committee with it too much tonight, because when one gets a wet towel and looks at it, it will be obvious. On that basis, I beg to move.

[Lord Ahmad of Wimbledon]

My Lords, the proposals for an advanced partnership scheme include the ability for local authorities to impose standards of service on bus operators running services on routes included in the scheme. These standards are set out in new Section 113E(4) and (5) of the Transport Act 2000. The Bill does not currently require all those standards to be imposed at once when the scheme is made by the local authority. New Section 113H(2)(g) allows a local authority to phase in the requirements of the scheme. This might be because the local authority needs time to introduce certain facilities or measures—for example, new bus lanes, bus shelters or bus stops. For bus operators, it might be that they need time to procure new vehicles that meet a particular emissions standard or to recruit and train new staff. The amendment as tabled by the noble Lord would not allow the local authority to phase in the standards of service that apply to bus operators. They would be required to meet all the requirements when the scheme is introduced.

We believe that this would be an unnecessary restriction. As I have already explained, there may be very good reasons why some of these standards may need to be introduced after the scheme is made. The inability of a local authority to phase in standards may mean that those standards are not included in the scheme, or that some bus operators are forced to cancel services. I am sure that neither of these outcomes is the intent behind the proposals because neither would be in the interest of passengers. Therefore, it is right that local authorities should have flexibility to tailor the introduction of a scheme to suit local needs and circumstances. On the basis of the reasons I have stated, I ask the noble Lord to withdraw his amendment.

[Lord Berkeley]

I am grateful for the Minister’s explanation and shall read it with interest. For now, I beg leave to withdraw this amendment.

--- Later in debate ---

[Lord Ahmad of Wimbledon]

My Lords, passenger transport executives are local government bodies responsible for public transport within large urban areas. They are accountable to bodies called integrated transport authorities or, where combined authorities have been formed, to those authorities. The Bill originally amended Section 162(4) of the Transport Act 2000 to provide that references to integrated transport authorities in specified sections of the Transport Act 2000 should be read as references to the passenger transport executive for the integrated transport authority concerned. After further consideration of whether provisions of this nature would be required for advanced quality partnerships, enhanced partnerships and franchising, we concluded that it was not necessary to make explicit provision. Therefore, this amendment removes the amendments to Section 162(4) of the Transport Act 2000.

In this group, the noble Lord, Lord Bradley, whom I cannot see in his place, tabled Amendment 22 to make it clear that the executive of an integrated transport authority or combined authority must exercise the franchising functions on behalf of the franchising authority. For the record, I am sympathetic to the aims of the amendment; devolution is an important theme which has influenced the development of this Bill. I want to ensure that franchising is a realistic option where it makes sense locally, and I agree entirely that there will be different governance arrangements in different areas that must be accommodated.

The noble Lord, Lord Bradley, is not here, but I hope I have highlighted the Government’s intent.

[Lord Berkeley]

My Lords, I rise to speak on behalf of my noble friend Lord Bradley on Amendment 22. It is one of these odd arrangements when you have, in one group, the Minister moving a government amendment and then somebody else proposing an amendment, so the Minister answers before you have stated the case. But I do want to state the case. My noble friend is very apologetic.

The purpose of this amendment is to make it possible for a passenger transport executive to enter into a local service contract with operators once the ITA or combined authority has decided to implement a franchising scheme. New Section 123A(4) of the Transport Act 2000 sets out which bodies qualify as franchising authorities, but the list does not include passenger transport executives. In a number of metropolitan areas, the PTE continues to be the executive body for transport responsible to the combined authority. This amendment would explicitly allow a PTE to be the contracting body if that was judged most appropriate locally.

The amendment would also help to future-proof the legislation, given the way the Government’s arrangements continue to evolve in different ways in different areas. I would be very pleased to hear the Minister’s response to this. That is the message from my noble friend Lord Bradley.

Railways: Open Access Applications

Debate between Lord Berkeley and Lord Ahmad of Wimbledon

Wednesday 4th May 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

I agree with the noble Lord; he is quite right to raise the issues that have arisen. Equally, on the issue of open access, I share his concerns and that is why my right honourable friend the Secretary of State has written directly to the ORR to underline that any changes and reforms put the customer at their heart and, indeed, that we ensure equity of access and, most importantly, taxpayer return on the investment made.

[Lord Berkeley (Lab)]

Will the noble Lord explain the Government’s policy on competition in the passenger sector? The operators of the open access services pay a much-reduced track access charge compared with the franchises. How can that be fair on either the travelling public or the operators?

[Lord Ahmad of Wimbledon]

I agree with the noble Lord, because open access has raised this very valid issue of the inequity of application of track fees and the associated costs. Notwithstanding the reports that have been done by, for example, the CMA, which highlighted the importance of competition, the Government’s position remains that we of course support competition but need to ensure equality of access, both for those operating the franchise and for those who come in through open access.

Airport Expansion: Road and Rail Upgrades

Debate between Lord Berkeley and Lord Ahmad of Wimbledon

Wednesday 27th April 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

I am sure that the noble Baroness was not suggesting that I was mad—but I will read Hansard carefully. She is quite right to raise the issue of air pollution. As I said, it will be given due consideration in the wider environmental impacts that the Government are looking at.

[Lord Berkeley (Lab)]

My Lords, does the Minister recall that a few years ago, the solution to the problem of emissions around Heathrow was to put the M4 and the M25 in a tunnel, so that the emissions would come out at the ends, away from the airport? That would have reduced the level of emissions. Is that still on TfL’s agenda?

[Lord Ahmad of Wimbledon]

That is an interesting suggestion—but I cannot say that it is something to which I personally subscribe.

Road Traffic Act 1988 (Alcohol Limits) (Amendment) Bill [HL]

Debate between Lord Berkeley and Lord Ahmad of Wimbledon

Friday 22nd April 2016 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, if the Minister is going to look at further evidence on the effect of lowering the alcohol limit on people driving to pubs, could he look at evidence relating to people, including younger people, not drinking alcohol but still driving to pubs with other people who may drink? There is evidence that suggests that some younger people are much more responsible than older people when it comes to drinking and driving.

[Lord Ahmad of Wimbledon]

As someone who during his university days was often the driver for others who were merrier in the car, I can perhaps reflect on a personal dimension. Of course, the noble Lord is quite right that we need to consider the full impact of that and to look at the evidence base as presented.

High Speed Rail (London-West Midlands) Bill

Debate between Lord Berkeley and Lord Ahmad of Wimbledon

Thursday 14th April 2016 Lords Chamber

[Lord Berkeley]

My Lords, before I decide whether to move this Motion, first I should say that I am very happy with the Minister’s answer to the first Motion. I think that it is perfectly reasonable that the Select Committee should be able to decide itself the order in which it considers evidence. However, could he clarify in respect of the second Motion, if the committee subsequently wanted to have a special adviser, whether it would need an instruction from the House or whether it could do it on its own initiative?

[Lord Ahmad of Wimbledon]

My Lords, I hope that the noble Lord will agree with me, as I am mindful of the previous questions about the role of the Select Committee, that if I can cover that matter I shall include it in my response in writing. I trust that that will satisfy him for the time being.

[Lord Berkeley]

On the basis that I can always put this same Motion down another time, I shall not move it now.

Railways: New Lines

Debate between Lord Berkeley and Lord Ahmad of Wimbledon

Monday 29th February 2016 Lords Chamber

[Lord Berkeley]

To ask Her Majesty’s Government what steps they are taking to encourage new or reopened rail lines to be cost-effective.

[The Parliamentary Under-Secretary of State, Department for Transport and Home Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, the Government are taking many steps to ensure that all rail enhancement projects, including those working towards opening or reopening rail lines, follow government appraisal guidelines and create business cases which test options ensuring best value for the taxpayer. Local authorities and private sector beneficiaries are encouraged to contribute to the overall costs of the preparation and delivery of such projects to decrease the burden on the public purse.

[Lord Berkeley (Lab)]

I am grateful to the Minister for that Answer but does he agree that part of the problem is the very high costs that come out of some of these calculations which indicate that there is not really good value for money? Does he not agree that the answer is actually to have a set of standards appropriate to branch lines or lower-speed and cheaper track, and to cheaper trains—possibly not even signalling, more like a bus—which would be very good for local services but of course totally inappropriate for a main line? Will he encourage the development of some standards that might reduce such costs?

Railways: South-West Network

Debate between Lord Berkeley and Lord Ahmad of Wimbledon

Thursday 28th January 2016 Lords Chamber

[Lord Berkeley]

To ask Her Majesty’s Government what action they are taking to improve the resilience of the rail network in the south-west.

[The Parliamentary Under-Secretary of State, Department for Transport and Home Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, the Government are fully supportive of the initiatives which the rail industry is taking, led by Network Rail, to improve the resilience of the rail network in the south-west. The initiatives include implementation of the weather resilience and climate change adaptation plan for the western route over the period 2014 to 2019. Measures also include improvements to drainage systems, strengthening vulnerable structures, the greater use of specialist forecasting tools and improving flood resilience at key risk sites.

[Lord Berkeley (Lab)]

I am grateful to the Minister for that Answer. Those are very fine words, but the House will remember the Dawlish scenario two years ago, when a whole sea wall collapsed and access to much of Devon, Cornwall and Plymouth by rail was effectively cut off for several months. As the Minister said, Network Rail responded well but, as he will know, the problem is that the work is not yet finished. I quote David Cameron on one of his many welcome visits to the south-west. He said that cost would not “put him off” delivering what the region needed. George Osborne was there, too, and he said—and I quote—the Government would commit £7 billion of investment into transport. Can the Minister explain why last week the Government cut all funding to Network Rail, even for carrying out studies on the next stage of resilience? After the election, it is all forgotten.

[Lord Ahmad of Wimbledon]

The picture that the noble Lord paints is not factually correct. As he knows, we are putting £38 billion just into the rail sector—the biggest investment since the Victorian age. The fact that my right honourable friends the Prime Minister and the Chancellor have visited the sites, including Dawlish, where we have restored what was damaged with an investment of £40 million, underlines the Government’s commitment. The top people in government are visiting those sites and putting money into ensuring that resilience measures are in place.

Drones: Risks to Passenger Aircraft

Debate between Lord Berkeley and Lord Ahmad of Wimbledon

Thursday 19th November 2015 Lords Chamber

[Lord Ahmad of Wimbledon]

I am sure that my noble friend speaks from great experience and my right honourable friend will have taken note of his helpful suggestion.

[Lord Berkeley (Lab)]

My Lords, is this not a worldwide—or at least a European—problem, because the Americans can pinpoint bombing in Syria by controlling a drone from somewhere in the States? Who are the CAA and the Government talking to outside the UK? Surely it is much more than a UK problem.

HS2

Debate between Lord Berkeley and Lord Ahmad of Wimbledon

Thursday 22nd October 2015 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, I assure my noble friend that, as I am sure she is aware, HS2 will be getting underway, and we look forward to it beginning in 2017. I give her the added assurance that HS2 will also give the potential to deliver much better train services to large numbers of towns and cities. I am acutely aware of the challenges she has raised about there not being enough capacity for people, but part of what HS2 will do is deliver extra capacity to places such as Coventry, Rugby and Milton Keynes.

[Lord Berkeley (Lab)]

My Lords, I have read AP3—the latest additional provision from HS2, which he mentioned to the noble Baroness—and I can see nothing in it about the effects of construction, particularly the disruption which will be caused, around Euston and many other sites up the line, by construction lorries. I understand that, for three years during construction, there will be about 720 trucks a day leaving the Camden area with spoil. I declare an interest as chairman of the Rail Freight Group, but surely HS2 should look at moving as many materials as possible by rail.

[Lord Ahmad of Wimbledon]

The noble Lord raises a quite valid point. We are looking at the issue of disruption from HS2. Again, there are lessons to be learned from places such as London Bridge, Blackfriars, Reading and Birmingham and they are being applied in the development of Euston to ensure that we mitigate whatever disruption there may be, not just to the rail and Tube networks, but to the surrounding local communities as well.

Economic Case for HS2 (Economic Affairs Committee Report)

Debate between Lord Berkeley and Lord Ahmad of Wimbledon

Wednesday 16th September 2015 Lords Chamber

[Lord Berkeley]

Will the noble Lord clarify that? There are 18 platforms at Euston at the moment and if they will be reduced to 11 or 12 for the west coast main line, surely that is a reduction.

[Lord Ahmad of Wimbledon]

That is also part of what will be the structure serving the intercity network, and some of that burden will be eased by the opening of the HS2 platforms. The overall capacity will rise to 22 platforms, but the noble Lord is quite right to point out that the current 18 platforms serve both the commuter network and the existing intercity network.

The noble Lord, Lord Rowe-Beddoe, talked about ministerial direction and the value-for-money case for HS2. I have already alluded to the benefit-cost ratio and I have also talked about the number of experts who provided evidence to the committee in this respect. The noble Lord, Lord Rodgers, asked about the pause mentioned in relation to Network Rail on the appointment of Sir Peter Hendy. Sir Peter has a proven track record in delivering on major transport challenges. He will develop proposals for the rail upgrade programme and, as I have said before from this Dispatch Box, he will report to the Secretary of State in the autumn and we will come back to that. The noble Lord also asked about confidence in Sir David Higgins. The short answer to that is, yes, we have full confidence in his ability.

The noble Lord, Lord Turnbull, the noble Baroness, Lady Randerson, and other Peers asked about terminating at Old Oak Common. The vast majority of passengers coming into London want to travel on to other parts of the capital, so by having a stop at Old Oak Common, the links that will be provided by Crossrail will be available to all those using HS2. The noble Lord, Lord Mitchell, talked about ignoring the impact of technology. I believe he said that he will be 92 by the time HS2 comes live. I hope to join him in that carriage. I will be a tad younger, but nevertheless we will hook up at that time. But let me assure him that the Government are committed to the extension of broadband, as I am sure he is aware. The previous Government invested heavily in it and broadband remains a priority. But technology should not be used to the detriment of other investments. We can see that passenger rail journeys have increased at an incredible rate up to the current figures that I quoted earlier, and there is no evidence to suggest that technology such as videoconferencing will significantly reduce future rail demand or the spread of the internet. Time will tell, but thus far the evidence is not in support of that.

The environmental impact of HS2 was mentioned by the noble Lord, Lord Truscott, and my noble friend Lord Framlingham. Among others, I believe that the noble Lord, Lord Stevenson, also touched on it in terms of the Chilterns. Let me assure noble Lords by giving examples of the steps being taken to avoid or significantly reduce the effects in the phase 1 environmental mitigation. These include some 127 kilometres of tunnels and cuttings to reduce noise and visual effects, as well as providing 102 kilometres of noise barriers along the surface sections to reduce the effect on communities.

I am coming to the end of my comments because I can see that the clock has run down on me. However, I will certainly respond to other questions which I have not had a chance to cover. Perhaps I may turn briefly to the question put by my noble friend Lord Framlingham about the Chilterns. Since the scheme was announced, we have introduced major changes to the proposed route through the areas of outstanding natural beauty. As recommended by the Select Committee, we are promoting a further extension to the Chilterns tunnel, which will offer broadly the same environmental benefits as the longer tunnel proposed by the residents’ environmental group. I will come back specifically on where we are with the Select Committee, which I believe has taken evidence from most of the witnesses. However, we are still awaiting the final comments of the committee in this respect. As I have said, if I have missed any points, I will return to them.

We believe, and the Government are clear, that there is a case for HS2. We have a 19th-century rail infrastructure that is trying to support a 21st-century economy, as the noble Lord, Lord Lea, put it so eloquently. Many of our main intercity routes are reaching capacity at busy times. As the passenger crowding statistics released last week clearly show, demand is growing rapidly and will continue to do so as our economy recovers. HS2 will have a transformational effect. It will improve connectivity, transform capacity, and free up space on our crowded rail network. It is important that the Government of the day should invest, and that is what we are seeking to do. We welcome the support of many noble Lords. This is our chance to do what the Victorian rail pioneers did all those years ago. We want to leave an infrastructure legacy that is fit for generations to come.

Freight Industry: Operation Stack

Debate between Lord Berkeley and Lord Ahmad of Wimbledon

Wednesday 9th September 2015 Lords Chamber

[Lord Ahmad of Wimbledon]

I assure the noble Baroness that I was directly involved in many of the COBRA meetings over the summer that dealt with Operation Stack and the alternatives. As the noble Baroness may be aware, the Government put in place a temporary measure at Manston Airport in Kent to relieve those pressures. Thankfully, since 31 July we have not had to invoke Operation Stack. Nevertheless, I assure the noble Baroness that we are working with local partners, including Kent Police, Kent County Council and other key local stakeholders to ensure exactly what she says: a long-term solution that works for the benefit of the British economy and the people of Kent.

[Lord Berkeley (Lab)]

My Lords, at the other end of the channel in Calais there is equal chaos. While I welcome a new fence around the Eurotunnel terminal, which may help to reduce the incursion of migrants, can the Minister confirm that the rail freight terminal next door—I declare an interest as chairman of the Rail Freight Group—will be incorporated by the same quality fence and have the same policing? Rail freight has virtually stopped in the past week, which is extremely bad for the industry and, of course, for the economy.

[Lord Ahmad of Wimbledon]

The noble Lord speaks with experience of this area. Of course, those seeking to cross the channel targeted and had a major impact on rail freight. It is just not about fencing. The Home Secretary, along with her team and the French Government, had several meetings with Bernard Cazeneuve, the French Interior Minister, to ensure a comprehensive protection programme for all facilities on the other side of the channel. We continue to work closely with the French Government in ensuring that those who seek to enter the UK use the appropriate channels so that we can prevent the kind of scenes we saw over the summer.

Merchant Shipping (Alcohol) (Prescribed Limits Amendment) Regulations 2015

Debate between Lord Berkeley and Lord Ahmad of Wimbledon

Monday 7th September 2015 Grand Committee

[Lord Ahmad of Wimbledon]

My Lords, I once again thank the noble Lord, Lord Rosser, for his support of the Government’s proposals and the regulations before us. He is right that this was decided upon by the 2010 Manila conference. For the first time it is being looked at from an international basis, which is very much the right way forward in ensuring that standards are maintained.

The noble Lord raised the issue of this taking 10 months. This was part of the wider effort to ensure we transposed all the Manila amendments. That has taken some time, even though this part was agreed to by the consultees, as the noble Lord mentioned.

On the 4 July deadline, all other parts of the Manila amendments were transposed by March 2015 in advance of the 4 July deadline. The passing of the regulations will ensure compliance in that respect.

The noble Lord raised the issue of non-professional mariners. Indeed, I raised that question myself in looking at the regulations. At the moment, it applies specifically to professional mariners. It is my understanding that the question of whether these rules should apply to non-professional mariners has been consulted upon. Part of the challenge posed during the consultation in the 2000s—I believe during the time that the noble Lord’s party were in government—was how this would be monitored and, more importantly, applied effectively. Nevertheless, as he rightly pointed out, it is an issue that has not been commenced. As far as the Government are concerned, it is an issue that we will continue to look at as we move forward with the new regulations on professional mariners. Nevertheless, he is right to raise that issue.

The noble Lord also spoke on the evidence of accidents relating to alcohol consumption. The Marine Accident Investigation Branch has identified 19 accidents where alcohol consumption played a significant part since 2009. One led to a fatality and two led to the complete loss of a ship. Many of the others presented a significant risk to human life and the marine environment, where it was fortunate that a worse outcome was avoided.

With those responses, and once again thanking the noble Lord for his support, I commend the regulations to the Committee.

[Lord Berkeley (Lab)]

I apologise for not being here at the beginning of the discussion, but the Minister and my noble friend Lord Rosser mentioned non-professional seafarers. I remember debating this issue about 10 years ago. I recall the legislation saying that the limit was the same as the alcohol limit on drink-driving. We had a big discussion at that time on how it was to be enforced. Whether you are a professional or an amateur seafarer, and whether you are in a rubber dinghy or running a cruise ship, you can cause just as much damage. I never got a satisfactory answer—I think that one of my colleagues was the Minister at that time—to how you enforce somebody who is going back to a boat late at night in a rubber dinghy. I think that a policeman is the only person who can make an arrest, but how many policemen are hanging around a small port at closing time?

It is a bit distressing that it is taking so long to become accepted wisdom that you should not be in charge of a boat, whether you are paid to be so or not, if you are under the influence of alcohol. I hope that the noble Lord will take that into account and try to push things forward a bit more.

[Lord Ahmad of Wimbledon]

As I said in my remarks to the noble Lord, Lord Rosser, this is an area which I myself raised, and I shall certainly take back his comments. As the noble Lord acknowledged, the challenge posed was that of enforcement. However, he is also right to point out that, whether one is a professional mariner or not, the damage that can be caused by alcohol consumption is very much the same as the impact that alcohol consumption can have on our roads. I note the noble Lord’s concerns in that respect.

Railways: Regional Passenger Trains

Debate between Lord Berkeley and Lord Ahmad of Wimbledon

Tuesday 7th July 2015 Lords Chamber

[Lord Berkeley]

To ask Her Majesty’s Government whether they will take steps to reduce overcrowding on regional passenger trains by allowing councils to have more control over the allocation of rolling stock.

[The Parliamentary Under-Secretary of State, Department for Transport and Home Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, the Government are taking steps to meet rail demand across the country through the rail investment strategy and the franchising programme. The Government also support further devolution of responsibilities for rail services to local authorities. The Government are working in partnership with Rail North Ltd on the next Northern and TransPennine Express franchises, and have agreed a collaborative approach with West Midlands Rail on the development of the next West Midlands franchise.

[Lord Berkeley (Lab)]

I am grateful to the Minister for that Answer. I also congratulate the Government on issuing today a passenger rolling stock perspective—which, unfortunately, does not answer the question that I am about to ask. However, given that passenger numbers will double in 15 years; given that there is already severe overcrowding in the regions on trains; given that delay in electrification means cascading the diesels will be a bit delayed; and given the Secretary of State’s commitment to phasing out the much-loved Pacers, what are the Government doing to meet the demand of the regions for these trains? Did the Minister say that he is leaving it to the northern powerhouse—or to a Midlands engine room; and I believe that there will be a Cornwall digital growth area tomorrow—to order them? In either case, who will pay?

[Lord Ahmad of Wimbledon]

My Lords, the Government are taking steps to meet the demand of the franchising programme to which the noble Lord alluded. We have required bidders for the northern franchise, for example, through the invitation to tender, to put in a specific requirement for 120 additional self-powered vehicles for the franchise. That kind of approach will continue. We also support further devolution, and should further services be fully devolved—as has happened, for example, in London and Merseyside—we would expect to reach agreement with the relevant local authorities for appropriate funding settlements in those areas.

--- Later in debate ---

[Lord Ahmad of Wimbledon]

I think the noble Lord is being a bit disingenuous: he was part of the Government when elements of the northern powerhouse were addressed. He knows full well that the northern powerhouse is alive and well. Indeed, apart from the £38 billion the Government will invest in rail, we are getting HS2.

[Lord Berkeley]

My Lords, could the Minister expand on the question asked by the noble Baroness, Lady Wilcox? The rolling stock for South West Trains does in fact not discharge on the track and never will; it is the Great Western ones that go to Penzance, Swansea and Bristol that still discharge on the track. Can he give the House some answer as to when they will be phased out?

[Lord Ahmad of Wimbledon]

I must admit, I have not seen all the different companies and which trains discharge or do not, but I take the noble Lord’s expertise on rail. We are seeking to ensure that all new rolling stock applies to the new standards. I will write to him specifically on the area that he mentioned.