Haulage Permits and Trailer Registration Bill [HL]

Debate between Lord Campbell-Savours and Lord Bassam of Brighton

Committee: 2nd sitting (Hansard): House of Lords
Thursday 22nd March 2018 Grand Committee

[Lord Bassam of Brighton]

My Lords, this amendment follows on from Amendment 16. Basically, I am asking the Government to introduce a scheme for mandatory safety standard requirements, which all registered trailers should then comply with. The amendment asks for these to be conducted on an annual basis.

Obviously, the amendment will not bring back Freddie Hussey but it might prevent deaths such as his occurring in the future. This was a terrible and tragic case. Mrs Hussey was with Freddie on a footpath and he was crushed by a huge trailer that came loose. They were simply doing what most parents and children do every day—walking along a footpath—and he was cut down by a 2-tonne trailer. His parents ask simply: how can vehicles more than 1 tonne in weight which travel at speed—and, if they come loose, will not stop—not need safety checks? It is madness. An MOT or safety check could have prevented this and picked up on the bent handbrake. It was the bent handbrake—obviously not properly serviced—that caused the problem.

A trailer can often—and in many circumstances will—weigh more than a car and other vehicles on the roads but obviously if trailers are in the wrong hands and are not well maintained and have not been properly checked, they are lethal. As we know from recent terrorist attacks, vehicles are lethal weapons and they kill people—large numbers of people. The safety issue here is paramount.

Paragraph 58 of the DfT’s own impact assessment says, under “Indirect benefits”:

“Trailer registration may also bring about safety improvements by facilitating enforcement of existing regimes related to trailer roadworthiness … the act of completing registration may prompt owners to check and address any roadworthiness issues”.


That is blindingly obvious but, as the impact assessment says, if road safety improvements can be made, the modest reductions in accidents could result in significant societal changes and improvements. Mr and Mrs Hussey might argue that young people—always more vulnerable on or near roads—would be less likely to be the victims of other people’s negligence.

There is a powerful argument behind this safety requirement on trailers. I think the department and the Minister ought to seize the opportunity to make some progress on it. While in general this piece of legislation is there only because of the disaster of Brexit, it would be nice if we could take the opportunity to make use of it to improve safety standards. As I said at the outset, the Husseys are not the only ones who have suffered a loss as a result of poor maintenance, inadequate inspection and the lack of a more rigorous testing regime. I have not seen hard data in terms of numbers but they have a lot of anecdotal evidence and copies of cases reported in local newspapers of young people in particular ending up the victims of poor trailer maintenance. It is something we should take seriously. The noble Earl, Lord Attlee, made that point rather well earlier. It is a concern. Because this is an underregulated sector, we have to use the opportunity to better regulate it, secure long-term improvements and reduce the number of deaths on or off the roads that are caused directly or indirectly by trailer malfunction and poor maintenance.

[Lord Campbell-Savours]

My Lords, I am in a little difficulty on aspects of this, as I was saying to my colleagues before coming to this meeting today. I shall delicately go through my reservations. I accept that trailer safety is very important. As my noble friend has pointed out, in the Hussey case the trailer concerned weighed 2 tonnes. That is a pretty big trailer. I can understand that where big trailers are involved there is a need for some sort of regulatory arrangement. What troubles me is in Amendments 16 and 18. Amendment 16 says:

“Regulations must provide for the compulsory registration of trailers weighing under 3.5 tonnes kept or used on roads, whether the trailer is being used internationally or only in the United Kingdom”—


in other words, effectively all trailers. Amendment 18 says,

“with inspections of such trailers to be undertaken on an annual basis”.

In other words, a little trailer—one of these aluminium boxes that you buy in Halfords for a couple of hundred quid—would have to go in to some sort of MOT-type station for an annual test. I have to say to my noble friend that I have great difficulty in going down that route. Big trailers can of course do a lot of damage.

The answer to this is to make it mandatory, where you have the clipping mechanism for the trailer, to put a lock and chain on as well. That would give an extra element of safety over and above the mechanism in the male and female, they call them; I do not know the actual term. If you had some sort of chain and lock arrangement on smaller trailers, in my view that would be quite sufficient.

We should be very careful about introducing a system for smaller trailers with an annual inspection that could affect hundreds of thousands of people and put them to what I would call unnecessary expense. People are going to complain that it costs 30 quid to test your trailer every year, and that is after you have registered it as well, and it only cost you a couple of hundred. In my view, when it comes to small trailers the situation would be exactly the same as in Scotland over air rifles. The Scotland Office estimates that there are 500,000 air rifles in Scotland, but I am told that up till now only 15,000 people have taken out licences for them so, if those figures are correct, we have criminalised nearly half a million people in Scotland who have so far failed to take out a licence on air rifles. I am worried about systems where you impose on people responsibilities that, on reflection, we might think are really gold-plating what my noble friend has raised, which is an extremely important issue of safety. I apologise to him if I have in any way undermined his case, but I do so with the greatest of respect.

Haulage Permits and Trailer Registration Bill [HL]

Debate between Lord Campbell-Savours and Lord Bassam of Brighton

Committee: 1st sitting (Hansard): House of Lords
Tuesday 13th March 2018 Grand Committee

[Lord Bassam of Brighton]

My Lords, I support my noble friend Lord Tunnicliffe on this. Pretty much every year, I try to get tickets to go to Glastonbury. You go on the website at 9 am and are still there at 10.30 am, and you suddenly discover that your youngest daughter has got tickets but you have not. There is something clearly wrong about a system that does that in my family, let alone anywhere else. The notion that we might have some random process—first come, first served or whatever—is clearly something that we should not allow ourselves to sign up to.

I want to hear on the record some reassuring words from the Minister. This may be a vague Bill, a schematic Bill, a framework Bill and all the rest, but this matter needs some clarification.

[Lord Campbell-Savours]

My Lords, “first come, first served” implies immediately a limited number of permits, a shortage of permits and problems in the industry. I want to read the general conditions from one such permit issued nearly 35 years ago, which civil servants may find useful during the negotiations. It is quite short, but raises a number of issues. Under “General Conditions”, it states:

“This authorisation, together with the journey record mentioned below, must be carried on the vehicle and be produced at the request of any authorised inspecting officer. It authorises only the number of journeys indicated. It is not valid for national transport. It is not transferable. The carrier is required to comply, in the territory of each Member State, with the laws, regulations and administrative provisions of that State, and in particular with those concerning transport and traffic. This authorisation must be returned to the issuing agency within fifteen days of date of expiry. Before each transport operation, the holder of this authorisation is required to prepare any journey record provided for in bilateral agreements. Such journey record must be returned at the same time as this authorisation”.


So it is a fairly complicated process for the hauliers.

If it is not used within 15 days of the date of expiry, it is returned, but that permit has already been allocated to a specific journey—if that is what it says in the terms and conditions. Is that permit then written off? Does it affect the total number or permits that are allocated, or can we simply allocate a substitute permit, having declared that permit to be written off? I am asking this because, if a limited number of permits are allocated, there is going to be some argument about where they are going. I am trying to establish how we calculate the total numbers that are allocated.

I have been thinking about the earlier intervention by my noble friend Lord Snape. He talked about it being of benefit, in certain circumstances, to our haulage industry. There is a problem there, because we want to avoid that. If we are going into these negotiations on the basis that we want enough permits to supply all the demand, the last thing we want to do is starve the Irish of permits. If they need them, they should be given them, because that helps our case in the negotiations with the European Union.

--- Later in debate ---

[Lord Campbell-Savours]

That did not answer my question.

[Lord Bassam of Brighton]

I am sorry. If we are in one of those desperate situations where there is a shortage of permits compared to what we need, retaining that subsection is extremely damaging because it means that, in most circumstances, we cannot allocate on a needs basis. I should have thought that there are certain things we need to import or export that have a high degree of priority. Having that clause drives a coach and horses through that, does it not?

[Lord Campbell-Savours]

Before the Minister answers, can I ask her to take this away and discuss it in the department? I think she may get different advice when there has been a full discussion.

--- Later in debate ---

[Lord Bassam of Brighton]

The thing about regulations is that they are unamendable. You either buy the package or you reject the lot. This provision does not terribly help, because it could end up contradicting the regulations. That is why my noble friend is suggesting that the Minister might want to take it away to give it a bit more thought. I am struggling to think of a set of circumstances where these two things will work.

[Lord Campbell-Savours]

Can I add to that intervention? I can give the Minister another criterion. What about regional considerations, which might well be in our favour?

--- Later in debate ---

[Lord Bassam of Brighton]

Acronyms sometimes get the better of me. So, what will it look like? How will it feel? How will it operate? What additional burdens will it place on the businesses affected? Where will the inspections take place? I picked up the point made by the Minister that they will not necessarily be at ports, but ports may be the best place; I do not know. I have seen lorries subject to customs inspections at ports, which works very well for some operations. We need answers to all these questions.

[Lord Campbell-Savours]

My Lords, I want to ask a very simple question, which is slightly tangential to the amendment, about fuel dipping. Fuel dipping is where the authorities decide, for whatever reason, to test tanks to see how much diesel they are carrying. Of course, these trucks carry a lot of diesel. I do not know where I heard it, but I heard that some countries on the outer periphery of Europe fuel dip in truck tanks so they can charge duty on diesel coming into their country. During the negotiations, we should be aware of any possibility of fuel dipping by member states and make sure that it is excluded and prohibited.

Housing and Planning Bill

Debate between Lord Campbell-Savours and Lord Bassam of Brighton

Monday 14th March 2016 Lords Chamber

[Lord Bassam of Brighton]

I think that I should probably be withdrawing my amendment. I can see that the noble Baroness is troubled and waiting for something to happen.

I have been very intrigued and quite interested by what the noble Baroness has had to say. I was a little bit reassured, but I sat there thinking about it a bit and I am not as reassured as I was. When I left home to go to university in 1972, I left my poor mother in her council home on her own with a spare bedroom. Had this ridiculous piece of legislation been in place at the time, no doubt she would have had a visit from her local council inviting her to move to yet smaller accommodation. That is not a particularly constructive way to approach things. Nor do I think that it would have been in her interest or that of the local community, because she was a bit of a terrier in her place.

This is a seriously deficient piece of legislation that does not achieve what we really need to do here, which is to create more social housing for people to access, rather than spreading what we have ever more thinly on a recycling basis, forcing people out of their homes and communities. That was really the point behind my amendment. I shall give it further thought before we get to Report, but the Secretary of State ought to think long and hard about the whole issue of community cohesion. It is good that the noble Baroness is the policyholder for that, because I can see that it is something that she cares passionately about. Perhaps she, too, along with the Secretary of State needs to reflect on the issue.

[Lord Campbell-Savours]

Before my noble friend withdraws his amendment, the Minister has not replied to my question about review, which I have now asked twice. I asked what “review” meant and what considerations would be in the mind of the local authority.

[Lord Bassam of Brighton]

I should like to help my noble friend here, because I think he has misread my amendment. The review is one that the amendment calls for—from and by the Secretary of State, not the local authority. I beg leave to withdraw the amendment.