Public Service Obligations in Transport Regulations 2023

Lord Davies of Gower Excerpts

Monday 27th November 2023 Lords Chamber

Moved by

[Lord Davies of Gower]

That the draft Regulations laid before the House on 16 October be approved.

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

My Lords, these draft regulations relate to arrangements to support the effective and efficient provision of transport services to customers, particularly in relation to rail passenger services. It will use the powers provided by the Retained EU Law (Revocation and Reform) Act 2023 to revoke what is called EU Regulation 1370/2007 and replace it with the Public Service Obligations in Transport Regulations 2023. In doing so, we will take advantage of the benefits of Brexit to put in place a regime which is better tailored to the transport sector in Great Britain, supporting the provision of services to customers. This will allow us to retain a flexible regime for contracting public transport services, separate to the mainstream procurement and subsidy regimes. It will provide greater clarity and certainty to industry by retaining the interpretive effects of relevant EU case law and underlying principles where this is in Great Britain’s interest. In addition, it will streamline the existing regime by removing duplicative or unnecessary provisions.

I will start by providing some background information about these regulations. While the UK was a member of the EU, Regulation 1370/2007 created a bespoke procurement and subsidy regime for public service contracts in the transport sector. This was in recognition that such contracts are needed in the general interest of the public and cannot always be operated on an entirely commercial basis. The regulation contains some important exemptions from the complex rules surrounding subsidies and procurement. It recognises the special status of public passenger services as critical national networks. It also provides contracting authorities the freedom to let passenger services contracts more efficiently via simpler competitive processes, and when necessary, via direct award. This flexibility helps to minimise disruption to these important public services.

The intent of the regulation is to encourage competition, and this will remain the default process for the award of passenger services contracts. The regulation recognises, however, that in certain circumstances it will be necessary to award a contract without competition by instead making a direct award to maintain the continuity of essential public services; for example, the contracts which were put in place following the pandemic to secure train services. Discussions with experts from the transport sector have identified opportunities to remove some of the ambiguities and conflicting provisions in the regulation. This will provide greater certainty and clarity to industry and contracting authorities.

I now turn to the detail of the regulations. We are using this opportunity to use our post-Brexit flexibilities to revoke and replace Regulation 1370/2007. This will ensure that a robust and reliable regime for public transport service contracts is maintained, which is independent of the mainstream procurement and subsidy regimes. It will also increase efficiency by removing duplicative or unnecessary provisions and clarifying drafting wherever possible; for example, by defining terms which were previously left undefined in the EU regulation. The instrument will also bring the regime in Great Britain into compliance with the subsidy control chapter of the EU-UK Trade and Cooperation Agreement.

Crucially, this instrument will preserve the current powers to make direct awards of rail contracts, which would otherwise sunset on 25 December 2023, due to a pre-existing sunset clause within Regulation 1370/2007. This means that without this instrument, the Department for Transport, as well as other contracting authorities such as Transport for London, would lose important powers on which we currently rely to award rail franchises. Leaving the EU has given us the opportunity to retain these important powers, and it is in the best interests of the railways in Great Britain that we retain the flexibilities they provide. The private sector has an important role to play to drive innovation and growth and we remain committed to returning to competition for rail contracts as soon as possible; however this instrument recognises that in certain circumstances it will be necessary to award a contract by making a direct award.

Additionally, this instrument will provide greater clarity and assurance to industry by retaining the interpretive effects of EU case law and underlying principles. Under the retained EU law Act, EU case law will no longer be binding on UK courts after 31 December 2023. Relevant EU case law relating to procurement notices and to in-life changes to contracts, which was not codified by the regulation, has been relied on for clarity by authorities and contractors. This case law is therefore being codified by this instrument as it provides helpful clarity. Likewise, EU principles will no longer apply to underpin public service obligation procurements from the year end. The instrument replaces these with principles based on the new mainstream procurement regime for England and Wales, and with principles based on Scottish procurement law for Scotland. Beyond the changes I have outlined, this instrument largely maintains the status quo. This will provide certainty, clarity and confidence to contracting authorities, operators and passengers alike.

This instrument will put in place a regime for the award of public service obligation contracts in the rail, light rail, bus and tram sectors which is tailored to the transport systems in Great Britain, while largely enabling contracting authorities and operators to continue operating as they do now by maintaining the default position of competitively tendering for public service obligation contracts. It will enable the Government to meet their international obligations and will ensure consistency with other domestic legislation, and crucially, it will retain important flexibilities in the way we award contracts, which would not have been possible had we remained a member of the European Union. I commend these regulations to the House.

[Baroness Randerson (LD)]

My Lords, I thank the Minister for his introductory comments. These regulations are one set of many that will undoubtedly be required to amend legislation as we establish British legislation separately from the EU legislative framework. It serves to illustrate how complex this process is going to be, and how much intensive work by officials is being required in order to produce it. It also, by the way, illustrates that the original concept of the REUL Bill was absolute pie in the sky.

This is modelled on the principles of the Procurement Act, which itself had some issues for debate as it went through this House. I noted the difference in the way in which Scotland and Wales are referred to in these regulations, because in Scotland, procurement is stated to be devolved, but not in Wales, where procurement is embraced by the same system as in England.

--- Later in debate ---

[Lord Tunnicliffe (Lab)]

My Lords, I welcome this instrument. The Government are right to permit the making of direct awards for PSO contracts and to ensure that they are able to meet the obligations under the EU-UK Trade and Cooperation Agreement. I have no intention of opposing the regulations.

I had a number of questions, but the Minister has already answered most of them—although I will not go as far as saying that he did so satisfactorily—and at this late hour, I do not intend to repeat them. Along with the answers he will give to the noble Baroness, Lady Randerson, I think that this will be sufficient debate.

[Lord Davies of Gower (Con)]

I thank the noble Baroness and the noble Lord for their consideration of the draft regulations. I will turn to the points raised.

Regulation 1370 provides a bespoke, flexible procurement and subsidy regime for public service contracts, reflecting the fact that they are vital public services and cannot always be operated on an entirely commercial basis. Now that we have left the EU, we are able to preserve essential flexibilities and simplify the regime where possible, giving contracting authorities a strong basis for providing these key public services. Simply revoking the regime altogether would mean allowing to fall away direct award powers which provide government and franchise authorities such as Transport for London with important flexibilities in awarding rail contracts. That would create significant challenges in ensuring the effective operation of public transport services, particularly rail services.

Following privatisation 25 years ago, passenger numbers had more than doubled before the pandemic, rising more quickly than in most of Europe. The private sector has invested billions in new, modern trains and upgrading our stations—investment that would not have happened under nationalisation.

It is the Government’s intention to return to competition as quickly as possible. The intent of regulation 1370 is to encourage competition, so the default process for the award of a passenger services contract is primarily through competition. However, regulation 1370 recognises that, in certain circumstances, it will be necessary to award a contract without competition by instead making a direct award. The powers to award directly are not new but were due to expire under EU legislation. We feel that it is in the best interests of the railways and passengers in Great Britain to retain them, and leaving the EU has given us the flexibility to do so. We have committed to restart the competition for contracts as soon as possible, which will require stable market conditions and sufficient long-term certainty.

Engagement with the proposed amendments to regulation 1370 has been ongoing since early summer 2022. The key amendments to regulation 1370 were publicly consulted on as part of the plan for rail consultation. Stakeholders were generally supportive of the proposed amendments, and the Government response will be published shortly. We have held targeted engagement with key affected stakeholders on the amendments proposed in addition to those publicly consulted on. In addition to face-to-face meetings to talk stakeholders through the additional amendments and our reasoning, we have sent written detail for further consideration, including to rail partners, franchising authorities and bus and light rail stakeholders. The wide engagement enabled the Department for Transport to work closely with stakeholders affected by the instrument and address issues raised; for example, updating the definition of “rail” in line with survey feedback enabled us to achieve a broad consensus on the change.

The noble Baroness, Lady Randerson, raised the point about engagement and consultation carried out with the devolved Administrations. As a result of close engagement, both Scottish and Welsh Ministers have provided agreement to the regulations. My officials met with each of the devolved Administrations covered by this instrument on a regular basis during the formulation of the policy and the drafting of the instrument. We worked closely with the devolved Administrations to address any concerns, including detailed work on the SI with Transport Scotland, with the result that, following ministerial approval to the instrument, Scottish parliamentary agreement was received. I commend the Motion.

Motion agreed.

Rail Fares

Lord Davies of Gower Excerpts

Monday 27th November 2023 Lords Chamber

[Baroness Randerson]

To ask His Majesty’s Government what are their plans to simplify rail fares; and what steps they are taking to increase confidence among passengers that, when they purchase tickets, they will always receive the best value for their requirements.

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

My Lords, the plan for rail proposes the biggest shake-up of rail in a generation. We have already made progress on fares reform, for example, introducing flexible season tickets and delivering on our commitment to extend single-leg pricing to most of LNER’s network. We announced earlier this year that we would deliver pay-as-you-go to 53 more stations in the south-east and, through trailblazer devolution deals, pay-as-you-go pilots in Greater Manchester and the West Midlands.

[Baroness Randerson (LD)]

My Lords, following the fiasco of the Government’s proposed closure of all ticket offices, which was of course resoundingly rejected by the travelling public, we urgently need decisive action to improve rail services. Great British Railways has, it seems, been kicked into the long grass but one aspect, ticketing reforms, to which the Minister’s Answer refers, could be done now throughout the whole network without legislation. The one isolated trial and the Government’s plans simply are not good enough to create the reform that is needed, to restore passengers’ trust and to improve value for money. When do the Government plan to introduce single-leg pricing and the overall reform throughout the whole network?

[Lord Davies of Gower (Con)]

At the Bradshaw address, we committed to expand single-leg pricing to most of LNER’s network, and this went live on 11 June 2023. This delivers simpler, more flexible tickets that are better value. Passengers can now get the best value ticket for their journey, safe in the knowledge that a single ticket will be half the price of a return. Previously, some single tickets on LNER trains, for example, cost almost as much as a return. Single-leg pricing is much simpler, putting the price of a single ticket at around half the cost of the old return ticket.

[Lord Dubs (Lab)]

My Lords, I am interested in the Minister’s comment. Would he care to comment on the following experience? Recently, I booked a standard return ticket on the west coast main line and was told I could not have reserved seats without trading in the tickets and buying two single ones at a cost of £25 more.

[Lord Davies of Gower]

I cannot particularly comment on that one issue, but I am sorry to hear of the noble Lord’s experience and it is certainly something I will take back.

[Lord Ranger of Northwood (Con)]

My Lords, as someone who is infrequent on the rail service, as a Londoner, when I do travel I enjoy the experience. What I have seen over the last few years is increased digitisation and more tickets being purchased online. I think we should welcome that, the ease of fares that are being seen online and the work being done by the train operating companies. Another thing I have noticed is that, as personal experience shows, if there are delays and challenges on the rail network then refunds are being offered quite easily—or advertised, at least, to be offered quite easily. The process itself, though, feels a bit more complex, because I have not yet been able to attain one of those refunds. Will the Government and my noble friend look at how we could automate refunds, to make that better for the user experience?

[Lord Davies of Gower]

My noble friend makes a very good point and, as somebody who has made several applications for refunds online, it is not the simplest of processes. Indeed, for those less acquainted with computers and software, it is even more difficult. I take his point and it is something that, again, I will take back.

[Lord Wigley (PC)]

My Lords, I draw the attention of the Minister to the experience of evening travellers from Euston to north Wales—the Bangor and Holyhead line operated by Avanti services—who, incredibly, might find that there are no through tickets from Euston to Bangor using tickets booked in advance. If, on the same train, a ticket is purchased from Euston to Chester and another from Chester to Bangor, there is availability. Would I be unduly cynical in thinking there is some manipulation going on to try and rationalise the services?

[Lord Davies of Gower (Con)]

I hear what the noble Lord says, and I think that I will take that one back as well.

[Lord Liddle (Lab)]

Does the Minister recognise that as long ago as 2019 the Government accepted that there was chaos in the present rail fare structures about which something had to be done? The answer was to set up Great British Railways, which would have new powers to deal with this question. Given the urgency of getting more passengers back on the railway, given the rise in public subsidy to the railways from £4 billion to £13 billion in four years, why have the Government ducked doing this?

[Lord Davies of Gower (Con)]

Well, again, I will—

[Baroness Smith of Basildon (Lab)]

Take it back?

--- Later in debate ---

[Lord Davies of Gower (Con)]

Not on this occasion. My Lords, we are focusing on delivering for passengers and customers by integrating new opportunities, such as, as I said earlier, the recently announced £36 billion of funding for Network North, fares and ticketing reform and improving accessibility, as well as delivering the £44 billion settlement for Network Rail to support the safe and efficient running of the network for customers between 2024 and 2029. Securing a slot for pre-legislative scrutiny of the draft rail reform Bill demonstrates the Government’s real commitment to our railways.

[Lord McLoughlin (Con)]

My Lords, I welcome my noble friend to his post. I have some sympathy with him as far as rail ticketing is concerned, because everybody thinks it should be reformed if it means they get cheaper tickets. The simple fact is that as long as the Treasury has the control that it does over the rail companies, which is greater now than it has ever been, through the department, then we will not make much progress on this matter. When does he expect to see the results of LNER’s experiment? Does he think this can be rolled out more quickly than presently planned?

[Lord Davies of Gower (Con)]

I hope that this can be rolled out as quickly as it possibly can be, but again, I am afraid I cannot give a definitive answer at this point.

[Baroness O’Grady of Upper Holloway (Lab)]

My Lords, would the Minister join me in congratulating the RMT trade union on exposing the scale of underclaiming of compensation for delayed and cancelled trains, and the scale of profiteering by apps such as Trainline? Does he agree with the great majority of public opinion that believes it is high time that the public good was put ahead of private profit in respect of ownership of our railways?

[Lord Davies of Gower (Con)]

I thank the noble Baroness for her question. The rail industry is in a difficult financial position. The department has spent in the region of £31 billion of taxpayers’ money. That amounts to about £1,000 per household in 2020-21 and 2021-22, since the pandemic. Reforming the rail network is critical to improve the passenger experience and to ensure the financial and operational sustainability of the railway. The industry has put forward fair and reasonable deals, offering job security and a fair pay rise. Government funding has been secured to facilitate important reforms of the railway. However, agreeing pay increases has to be linked to taking forward these important reforms.

[Lord Geddes (Con)]

Will my noble friend bring his undoubted acumen to bear, in addition to the rail fares, to simplifying buying tickets to park at railway stations, where you virtually need a degree in science to work it out?

[Lord Davies of Gower (Con)]

I must confess, I park my car every week at a station car park to come here and I have not found any difficulty: I walk into the station, buy a ticket and put it on my windscreen. So, I am sorry to hear the noble Lord’s difficulty but, again, I will take that back.

[Lord Purvis of Tweed (LD)]

My Lords, the Minister promises a strategy, but my noble friend’s question was about when the benefits of the LNER trial will be rolled out across the whole network. I do not think customers on the whole of the network would like the Minister simply to hope it will happen. What is the strategic objective of when it will happen?

[Lord Davies of Gower (Con)]

I am not in a position to give that answer at the moment, I am afraid, but when I am, I will certainly let the House know.

[Lord Anderson of Swansea (Lab)]

My Lords, as is well known to the noble Baroness, Lady Randerson, and to the Minister, the trains from Swansea were again late this morning. The first thing I do when I arrive, either in London or in Swansea, is fill in a claim form. Can he take this up, from his new, elevated position, with GWR?

[Lord Davies of Gower (Con)]

My Lords, this is something I can speak of with great experience, as a regular traveller from Swansea to Paddington. The noble Lord is absolutely right. Recent trains have been very late and compensation has been due. I am very aware of that.

Air Travel: Disabled Passengers

Lord Davies of Gower Excerpts

Thursday 23rd November 2023 Grand Committee

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

My Lords, I thank the noble Baroness for asking this important question and all noble Lords for their contributions to this debate. Aviation passengers’ rights remain a priority and the Government are committed to ensuring that air travel is accessible for all. I am extremely sorry to hear of the experience of the noble Baroness, Lady Brinton, and the other shocking experiences that have been unfolded in Grand Committee today. For what it is worth, in my role as a Minister I am responsible for maritime accessibility, so I take this very seriously.

My responses today relate to contributions made by all noble Lords. I will start by talking about the rights of disabled passengers and the Government’s position. We have been clear with industry that passengers should be provided with the best service possible, including providing services and support to disabled and less mobile passengers so that they can travel with ease and dignity. Failure in this area is totally unacceptable.

In the Civil Aviation Authority’s latest aviation consumer survey, 21% of respondents identified as having a disability or health condition. Out of these people, 58% stated that they had difficulty in accessing or using airports or flying, and 70% required assistance when flying. The Government are committed to tackling the barriers affecting disabled and less mobile passengers while flying. The department has consulted formally on accessibility and regularly engages with disability experts and people with lived experience to further understand the issues. The department is committed to continuing to work collaboratively to bring about positive changes in aviation accessibility. To help bolster understanding and drive improvements, the department works closely with the government-appointed Disability and Access Ambassador for Aviation, Ann Frye OBE, and the Disabled Persons Transport Advisory Committee to ensure that disabled passengers’ voices are represented.

I recognise and take on board the notion that this is a global issue and must be addressed accordingly. The noble Lord, Lord Liddle, is quite correct to point out that this is a matter of equality. The Government are working actively with other countries at a European level through the ECAC and internationally with the ICAO.

Following consultation, the Government have committed to a range of legislative reforms, when parliamentary time allows, and non-legislative measures to improve air passenger rights for all passengers, first to remove the compensation cap for damaged wheelchairs on domestic UK flights through legislation. The Government will also work with industry to encourage voluntary waiving of this cap on international flights. It is important that when industry is in breach of its obligations to consumers, there are means of addressing this. Therefore, the department will take forward legislation to give the CAA additional enforcement powers: for example, the power to issue fines. Additionally, alternative dispute resolution membership for all airlines operating to, from and within the United Kingdom will be mandatory, so that all passengers can escalate complaints no matter who they choose to fly with. The right training is vital for the sector to understand the needs of disabled and less-mobile passengers. That is why the department launched a new training module for industry on handling powered wheelchairs to help mitigate damage to these vitally important items.

On stakeholder engagement, my noble friend Lady Vere of Norbiton, the previous Aviation Minister, hosted a round table with accessibility experts in June 2023. This focused on gaining a deeper understanding of the barriers faced by disabled and less-mobile passengers and what more could be done to address these. The round table was invaluable in identifying key areas that could be reformed. The department is now taking forward discussions with industry to drive forward improvements in the sector focusing on these key issues, including, for example, training, data sharing, complaint handling and infrastructure. The department is committed to continuing its engagement with industry and stakeholders to make air travel enjoyable and comfortable for everyone. To help drive improvements, the Government work closely with the government-appointed Disability and Access Ambassador for Aviation whom I mentioned earlier, and the Disabled Persons Transport Advisory Committee, to ensure that disabled passengers’ voices are represented.

The noble Baroness, Lady Randerson, talked about the Civil Aviation Authority’s role. We have a regulatory framework that sets out the rights of disabled and less mobile passengers when flying, which is enforced by the CAA. The recent public body review of the CAA looked at the efficiency, effectiveness, governance and accountability of the CAA as a whole, including the use of its current consumer protection enforcement powers. The independent review reported that the CAA is a highly effective regulator. The CAA is committed to its role to consumers, which is evident from several key initiatives, including the release of a recent airport accessibility performance report, the ongoing consultation on introducing a similar airline performance framework, the assessment of airline website accessibility and the publication of a new consumer strategy.

The noble Baroness, Lady Brinton, mentioned staff training. Training is key to ensuring that staff across the aviation sector understand the needs of disabled passengers. The ministerial round table with disability experts in June 2023 raised staff training as one of the key barriers to disabled people’s confidence to fly. UK law obliges all staff to receive appropriate disability awareness training. The department will work with industry to understand what issues or gaps, if any, exist and will consider ways to address these. The department published a free online disability awareness and equality training package for all transport mode operators, including aviation, in November 2020. The REAL training programme was created to improve the sector’s confidence and skills in delivering inclusive journeys for disabled passengers. The department launched a new module as part of the REAL programme in June for handling powered wheelchairs; the training focuses on the importance of careful handling and the impact that any damage has on the passenger.

The noble Baroness, Lady Brinton, also talked about seating on board aircraft. We strongly believe that everyone should have equal access to air travel. Under UK law, airlines are required to make all reasonable efforts to arrange seating to meet a disabled passenger’s needs, including seating a travelling companion next to the passenger. While there is no legal requirement for airlines to offer free or discounted seats to an accompanying person, it is the CAA’s view that it is best practice for airlines to do so where they require a disabled or less mobile passenger to travel with an accompanying person. Airlines are allowed to request an accompanying person only due to safety concerns: for example, if a passenger could not evacuate the aircraft in an emergency.

On non-visible disabilities, providing accessible aviation to all passengers is a government priority. As I mentioned earlier, the CAA has published guidance for both airlines and airports on providing assistance to passengers with non-visible disabilities. In fact, the Government’s Disability and Access Ambassador ran an excellent session with industry and experts on a new UK standard for the built environment and neurodiversity, called “Design for the Mind”. The session considered how the airport environment can be better designed and managed to be an enjoyable environment for neurodiverse people. The Government are working with experts following this session to understand what practical steps can be taken.

On accessible toilets on board aircraft, there is already guidance on accessibility requirements under UK law that airlines are expected to follow, including guidance on accessible toilets on different aircraft types. The CAA has recently reinforced, in its consultation on an airline accessibility performance framework, that airlines must meet the requirements set out in the guidance, including providing assistance to and from the toilet via an on-board wheelchair in order to meet their legal obligations.

Airport security screening was mentioned. As I said, the Government are committed to ensuring that flying is enjoyable and accessible for everyone, and the department is engaging with industry to identify ways that this can be achieved for the entire passenger journey. All passengers must be screened effectively, and, as far as possible, disabled and less mobile passengers will be screened to the same standard and in the same way as other passengers. Where passengers are not able to be screened in the usual way, an alternative method will be used that may take slightly longer. Security officers are expected to make reasonable adjustments when screening or searching passengers with a disability.

The reports we have seen in recent years about the mistreatment of disabled and less mobile passengers travelling by air are, as I said earlier, completely unacceptable. The department is committed to making aviation accessible and enjoyable for everyone, and there are plans in place, both legislative and non-legislative, to drive this forward. There is legislation in place to protect the rights of passengers, and the CAA will take enforcement action, where necessary, to protect the rights of consumers. The industry has made some real changes over the last year to improve the service it provides to consumers, including disabled and less mobile passengers, and this is evident in the CAA’s most recent report on airport accessibility performance. However, there is more to do, and the department and the CAA will continue to work collaboratively with industry to focus on improving the accessibility of aviation and the service provided to passengers.

The Government are clear that all passengers must be treated with respect and dignity while travelling by air. It is vital that government, the CAA, industry and accessibility stakeholders continue to work together to making flying an enjoyable, safe and comfortable experience. I thank noble Lords for their input on this important issue.

Mopeds, Motorcycles and Powered Light Vehicle Industry

Lord Davies of Gower Excerpts

Thursday 23rd November 2023 Grand Committee

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

My Lords, I am pleased to respond to this Question for Short Debate and thank all noble Lords for their thoughtful contributions to the debate before the Grand Committee today. Whether I will be able to answer all noble Lords’ questions in the 12 minutes allocated, I do not know, but I will attempt to respond to as many questions and concerns as possible and, when I am not able to, I will certainly follow up with a letter.

The noble Baroness, Lady Ritchie of Downpatrick, my noble friend Lord Moylan and the noble Viscount, Lord Craigavon, talked about decarbonisation, net zero and the Government’s commitment. We have a legal obligation to meet net zero, and the Government are committed to phasing out the sale of all new non-zero emission road vehicles by 2040. This includes ending the sale of polluting motorcycles and mopeds. The Government are committed to our net-zero ambitions and will continue to drive forward our work to cut emissions. The broad approach is one that is fair, affordable and pragmatic, easing the burdens on the British public.

Following a consultation last year, we are now analysing the responses to our consultation on when to end the sale of new non-zero emission L-category vehicles, including views from the industry, with which we have been engaging. We will respond in due course. Our approach will continue to account for technical and commercial feasibility and ensure that transition is affordable for consumers. The Prime Minister’s announcement pushed back the end-of-sales date for new petrol and diesel cars from 2030 to 2035 by requiring 80% of new cars to be fully ZEV by 2030. The mandate will continue to require the most ambitious regulatory trajectory to 2030 of any country.

The noble Baroness, Lady Ritchie, talked about the end-of-sale dates for non-zero-emission motorbikes and mopeds. We consulted between July and September last year on when to end the sale of new non-zero-emission L-category vehicles, which was supported by a thorough programme of stakeholder engagement with manufacturers and the wider industry. The Government are analysing the responses and taking into consideration the wide range of views expressed. The consultation proposed two separate dates for the end of sale of new non-zero-emission L-category vehicles: 2035 for all L-category vehicles at the latest, and 2030 for L-category vehicles in the L1 L2, L3, L6 and L7 subcategories.

The Government recognise that a one-size-fits-all approach to regulating emissions from road vehicles is not appropriate, as the technology pathway is not as clear for certain segments of the market. However, they will continue to engage with industry and the public to ensure that the final confirmed end-of-sale dates for new non-zero-emission L-category vehicles are feasible from both a technological and a commercial perspective. That includes ensuring that adequate infrastructure for the sector is in place and that the transition is affordable for consumers.

We are now analysing the responses to the consultation on ending the sale of new non-zero-emission L-category vehicles, including evidence provided on this issue, and we will bring forward the government response in due course. Analysis of lifecycle emissions is an important consideration as we accelerate the transition to a zero-emission fleet of road vehicles. While there is no internationally recognised method of measuring lifecycle emissions in any transport sector, the Department for Transport’s energy model, published in 2018, and the externally commissioned lifecycle analysis of UK road vehicles, published in 2021, provide clear assessments of the relative environmental impacts of different road vehicle technologies and fuels in the UK.

The Government will consult on any future regulatory framework to deliver and enforce the end-of-sale dates for non-zero-emission L-category vehicles as appropriate. The Government keep all their regulations under review to ensure that they are fit for purpose and future-proofed. Policies are already in place to support the transition, such as plug-in motorcycle grants, and the Government recently made up to £350,000 of funding available for research and development projects to grow the zero-emission motorcycle supply chain in the UK. However, we appreciate that there are technology and infrastructure considerations for these vehicles as we transition, and we will continue to work with the sector to support and consider how best to overcome demand-side challenges, including the infrastructure needs of zero-emission L-category vehicles.

On the Motor Cycle Industry Association action plan, mentioned by the noble Baroness, Lady Ritchie, the Government are committed to continuing to work with the industry and other stakeholders to ensure that the sector is ready, ahead of decarbonisation. In February 2022, the Motor Cycle Industry Association published Realising the Full Potential of Zero Emission Powered Light Vehicles: A Joint Action Plan for Government and Industry. That was commissioned by the Government as a transport decarbonisation plan commitment and was delivered in partnership with the Motorcycle Industry Association. The document aimed to set out the 10 key actions that the industry believes are needed to support the L-category sector ahead of decarbonisation.

The Government are engaged with the industry to deliver the action plan where appropriate. Zero-emission vehicles offer an opportunity to create jobs, strengthen British industry, cut emissions and keep Britain moving. Phasing out new non-zero-emission L-category vehicles positions the UK as a world leader in L-category decarbonisation, driving innovation and creating a market for zero-emission vehicles.

The noble Lord, Lord Liddle, spoke about a plan for the future, as did the noble Baroness, Lady Ritchie. The Government are pleased with the progress made so far on the action plan and will continue to engage with the sector on it. For example, to address actions 2 and 3 on growing and developing the supply chain, as I said earlier, the Government made up to £350,000 of funding available for research and development projects to grow the zero-emission motorcycle supply chain in the UK.

The department is also working with the recently established powered light vehicle community to address action 9 on creating a formal L-category community. Additionally, the department is currently engaged with the MCIA’s recent licensing review proposals to address action 6, to review minimum testing and licence entitlements for all battery, electric L-category vehicles. We continue to engage with industry to deliver the action plan where appropriate and will continue to do so.

The noble Lords, Lord Berkeley and Lord Foster of Bath, referred to the plan for drivers in as much as it applies to motorcyclists. Like drivers, motorcyclists will benefit from many of the measures in the plan, including around fixing roads faster, better traffic lights, and the right speed limits in the right place. Specifically, in seeking to make better use of bus lanes, we will refresh the technical advice for local authorities to make it clear that they should use their powers to ensure that bus lanes are open to motorcycles, and we will launch a consultation on allowing motorcycles to use bus lanes by default. The plan confirms that, to help riders make the transition to zero-emission vehicles, plug-in vehicle grants continue to be available for motorcycles.

The noble Lord, Lord Foster of Bath, asked a question about lithium batteries. There is no real evidence that electric vehicle fires are more likely to occur than petrol or diesel vehicle fires, and it remains safe to have them in covered car parks. The safety of electric vehicles and their charging is of course of paramount importance to the Government and is kept under regular review. Multiple safety systems are designed into electric vehicles to protect passengers, emergency services personnel and other users from harm. However, the risks are different and need to be understood and controlled. Fire prevention, fire detection and firefighting in electric vehicles is a developing area, and the Government review their guidance and regulations in step with the development of best practice. We continue to work with the fire services, industry and experts from across the UK on this, and before vehicles can be sold or registered in the UK, the manufacturer must supply evidence that the vehicle complies with international approval requirements. For hybrid and electric vehicles, fire and electrical safety is included in this assessment. The department is therefore working with the Office for Product Safety and Standards and other government departments to develop guidance on the safe use of batteries in e-cycles and e-scooters and will publish this at a later date.

The noble Baroness, Lady McIntosh, asked about cycle offences and dangerous cycling. Of course, dangerous cycling puts lives at risk and is completely unacceptable. Like all road users, cyclists are required to comply with road traffic law in the interests of their own safety and that of other road users—that is of course reflected in the Highway Code. If they do not adopt a responsible attitude and if their use of the highway creates an unsafe environment, they may well of course be committing offences, which is a matter for the police to prosecute.

I think I have covered most of the questions that have been asked.

[Baroness Ritchie of Downpatrick (Lab)]

Perhaps the noble Lord might say something about the simplification of the licensing scheme—and I welcome him and the noble Lord, Lord Liddle, to the Front Benches.

[Lord Davies of Gower (Con)]

I will go back to the department and see exactly where we are on that, and I will certainly write to the noble Baroness on it.

[Baroness Randerson (LD)]

Perhaps we might pursue very briefly the issue of fires, as raised by my noble friend Lord Foster. There are lots of statistics on this, and there is a very big difference between the record of electric cars and vans and so on, which have an extremely good record on fires—they are much less likely to burst into flames than, for example, petrol and diesel cars. However, my noble friend was referring to the issue of bikes and mopeds, and so on.

[Lord Davies of Gower (Con)]

I take the noble Baroness’s point and I will write on that issue in respect of motorcycles.

To conclude, the steps that the Government are taking, which I have set out today, provide a package of support for the motorcycle and powered light vehicle industry that will help this sector to contribute to a safe and environmentally sustainable future for road user transport in this country.

Pedicabs (London) Bill [HL]

Lord Davies of Gower Excerpts

2nd reading
Wednesday 22nd November 2023 Lords Chamber

Moved by

[Lord Davies of Gower]

That the Bill be now read a second time.

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

My Lords, this Bill will correct a long-standing anomaly where pedicabs are the only form of unregulated transport operating on the streets of London. Pedicab regulation in the rest of England and Wales is done under taxi legislation. However, a legal quirk has meant that pedicabs within London are classed as stage carriages. These are captured under the Metropolitan Public Carriage Act 1869, but that Act’s provisions do not permit their regulation. The reality is that legislation has failed to keep up with the emergence and nature of this industry, making this Bill a small but important addition to the statute book.

Pedicabs have an important role to play in London’s transport mix. They are a quick, green option for Londoners and for tourists looking to get from point A to C via B, while taking in the sights of this wonderful city. They complement London’s vibrant night-time economy, and the entrepreneurial spirit shown by many operators demonstrates the opportunities available to those willing to work hard and get on.

Despite the lack of regulation in this sector, there are hard-working and reputable operators who support this legislation and look forward to working with Transport for London in making the pedicab industry a reputable and respected place to work, providing a safe and reliable road transport option for short journeys in the heart of London. However, as happens all too often, the actions of a few have far-reaching consequences and tarnish the reputations of the majority. We have all seen news reports of unwitting tourists being charged hundreds of pounds to go from Covent Garden to Leicester Square, or being confronted with a bill from Oxford Circus to Marble Arch that would make that pedicab ride the most expensive transport mode in the UK on a per-mile basis.

The consequences are felt not only by visitors but by all who call this city home. Unscrupulous pedicab operators are the cause of nightly misery. They are responsible for noise pollution; for blasting loud music at all hours of the night; for making our pavements hazardous; for congregating in large groups to block footpaths, endangering other road users and pedestrians alike; for cycling recklessly, using potentially unsafe vehicles and generally operating in a way that is not in keeping with the image that London projects to the world. The Bill equips Transport for London with the tools it needs to tackle the anti-social, unsafe and nuisance behaviours found in the pedicab industry. It achieves this by conferring powers on TfL to make regulations concerning the use of pedicabs in public places in Greater London.

It will be for TfL to determine the precise details of a regulatory regime. However, the Bill will allow Transport for London to bring forward measures covering matters such as: the licensing of pedicabs, pedicab operators and drivers, including the conditions placed on licences, their duration, renewal, revocation, and suspension; the fares charged for pedicab services and when and how passengers are made aware of these; and requirements for pedicabs, operators and drivers. This will cover eligibility requirements for operators or drivers, safety and operational standards, such as what equipment must be carried on a pedicab, and their appearance. It will also cover testing, speed restrictions and the working conditions and conduct of drivers. It will cover the operation of pedicabs, including specifying times and places of operation; the provision of publicly available information about licences or the pedicabs, operators or drivers to which they relate; and enforcement of the regulatory regime, which covers the creation of offences and/or civil sanctions, and corresponding rights of appeal for pedicab operators and drivers against enforcement decisions.

Furthermore, the Bill requires that any pedicab regulations brought forward by TfL include provisions corresponding to those in the Private Hire Vehicles (London) Act 1998, in relation to immigration status. This will ensure that those working in the industry have been subject to right-to-work checks. These provisions will provide Transport for London with powers to effectively regulate London’s pedicab industry for the first time. In designing the regulations, Transport for London will be required to conduct a consultation, and any proposals will be subject to parliamentary scrutiny via the negative resolution procedure. This Government have been unwavering in our commitment to bringing forward this legislation when parliamentary time has allowed. I am pleased that the legislative timetable has now allowed for this common-sense Bill to be considered for inclusion on the statute book and I beg to move.

--- Later in debate ---

[Lord Davies of Gower (Con)]

My Lords, I thank all noble Lords for their thoughtful contributions. I will attempt to respond to as many questions and concerns as I can, and where I am not able to do so, I undertake to follow up with a detailed letter.

The noble Lord, Lord Berkeley, spoke about the definition of a pedicab. Clause 1(2) defines pedicabs as power-assisted pedal cycles

“in combination with a trailer … carrying … passengers and … made available with a driver for hire or reward”.

In bringing the Bill before the House, we have tested the definition and are confident that it addresses the legal anomaly whereby these vehicles are currently unregulated in London. To answer the point raised by my noble friend Lord Blencathra and the noble Lord, Lord Hunt of Kings Heath, the Bill as drafted is clear on what would fall in scope. For example, it would cover a power-assisted pedal cycle available for hire with a driver, carrying one or two passengers in a trailer. It would not capture a parent riding a pedal cycle with a trailer attached to carry their children.

My noble friend Lady Anelay of St Johns talked about hire or reward. The Bill captures pedicab services made available with a driver for hire or reward. It does not include a definition of reward, as the intention is the plain meaning of the word. As I understand it, the Bill is intended to cover pedicabs plying for hire or reward, but we will write to clarify the point, as indeed I will regarding the trailer issue.

The lack of existing regulation means that the number of pedicabs operating in London is unknown. Westminster City Council estimates that there are between 200 and 250, while TfL’s estimate ranges from 400 up to a peak of 900, with pedicab numbers varying according to the season—further evidence of the sector’s reliance on tourism. Pedicabs appear to operate predominantly in some of London’s busiest places: Covent Garden, Soho and the West End, attracting tourists and leisure visitors but operating without licensing and appropriate oversight. While the industry is relatively small in comparison to the taxi and private hire vehicle industries, the Government have consistently been made aware of the disproportionate impact pedicabs have on safety and traffic-related issues on London’s roads.

On enforcement activities, in the absence of regulatory powers there have been attempts to rely on enforcement powers such as noise nuisance legislation and electric pedal cycle regulations. Westminster City Council and the Metropolitan Police have had some success in recent years, using powers contained under the Control of Pollution Act 1974. This action has targeted the use of loudspeakers after 9 pm and before 8 am, and as of August 2023 this action has resulted in some £30,000-worth of fines being issued since November 2021. Between November 2021 and December 2022, 68 pedicab drivers had their details taken so that they could be prosecuted for playing loud music after 9 pm. An additional 27 drivers were issued with written warnings for their behaviour. While there has been some success in tackling noise nuisance, this has proven most effective when conducted in partnership with the Metropolitan Police. There has been less success in removing pedicabs from high footfall areas, stopping dangerous driving and preventing highway obstruction.

The noble Lord, Lord Hogan-Howe, talked about the limitations of current enforcement. Existing powers have proven to be very limited in tackling the anti-social nuisance and unsafe behaviour of certain pedicab operators and drivers. These powers do not allow the police to issue dispersal orders to pedicab drivers. This results in pedicabs being moved on for highway obstruction, only to return to the same spot after patrolling police have moved on. The Metropolitan Police have used electrically assisted pedal cycle regulations to seize pedicabs from London’s roads. This action has been targeted at the common occurrence of non-compliant electric motors being fitted to pedicabs. However, the success of this has been limited when pedicab operators and drivers have appealed, as it requires the police to use motor vehicle legislation against pedicabs.

A number of noble Lords talked about regulation. The Bill confers powers on TfL to make regulations for the purpose of regulating pedicabs in London, and it provides the framework; Clauses 2, 3 and 4 set out the parameters to which TfL may design a regulatory regime. It will be for TfL to determine what is the most appropriate in terms. TfL will, however, need to conduct a consultation on its proposal, which will be subject to parliamentary scrutiny via the negative resolution procedure. We have asked TfL to develop policy notes to indicate its early policy thinking; however, as mentioned, its final proposals will be subject to consultation.

My noble friends Lady Stowell, Lord Leigh of Hurley and Lord Goschen, and the noble Lord, Lord Hogan-Howe, talked about licensing of pedicabs, drivers and operators. Clause 2(1) allows Transport for London to make provision for the licensing of pedicabs, their drivers and operators. This includes provision relating to the conditions of licences; the duration, renewal, variation, suspension or revocation of licences; and the display or production of licences. The Bill gives Transport for London discretion to determine what is most appropriate in terms of licensing pedicab drivers, operators and their vehicles. However, TfL will need to conduct a consultation on its proposals, which, as I said, will be subject to parliamentary scrutiny.

I will write to the noble Lord, Lord Hogan-Howe, with the information he requested concerning data. On noble Lords’ questions about insurance, again, this is a matter for Transport for London.

Quite a few noble Lords are understandably worried about noise, and we are aware of the concerns about noise nuisance caused by certain pedicab drivers. This has been a focus of the enforcement activity undertaken by Westminster City Council and the Metropolitan Police in recent years. There has been some success here, using provisions contained in the Control of Pollution Act 1974.

Clause 2(6) provides Transport for London with the ability to make provision relating to matters such as safety requirements and driver conduct. Clause 2(9) allows Transport for London to impose requirements on pedicab drivers and operators. Again, it will be for Transport for London to determine what is most appropriate, following consultation. Regulations brought forward by Transport for London will be subject to parliamentary scrutiny.

The noble Lord, Lord Hunt of Kings Heath, talked about the use of cycle lanes. The Bill allows Transport for London to make regulations concerning pedicab operations in London. Clause 2 permits Transport for London to make regulations that prohibit drivers from using pedicabs in specified places. Again, it will be left to Transport for London’s discretion to determine what pedicabs regulations look like, within the parameters set by the Bill.

The right reverend Prelate the Bishop of St Albans talked about the blocking of cycle lanes. We are aware of concerns about that and about pavement parking and obstruction in relation to existing pedicab operations; it has been an issue that stakeholders have consistently raised with the department. Clause 2 sets out Transport for London’s powers relating to where, when and how many pedicabs may operate in certain places, at certain times and in specified circumstances. Again, it will be for Transport for London to determine what is most appropriate.

The noble Lord, Lord Berkeley, talked about parking. Clause 2 sets out Transport for London’s powers relating to where, when and how many pedicabs may operate in certain places, at certain times and in specified circumstances. It will be for Transport for London to determine what is most appropriate, taking into account the needs of pedicab drivers, passengers and other road users. Transport for London will be required to conduct a consultation on its proposals.

My noble friend Lady Stowell of Beeston talked about the possible requirements for background checks for drivers or operators. Clause 2 provides that any pedicab regulations that make provision about the licensing of pedicab drivers or operators must include provision corresponding to that made by the Private Hire Vehicles (London) Act 1998 in relation to immigration status. That will ensure right-to-work checks are in place for pedicab drivers and disqualify people from being licensed as a pedicab driver, subject to their immigration status.

Clause 2(6)(a) allows Transport for London to set the eligibility requirements for pedicab drivers or operators. Again, this will be for TfL to determine, subject to a consultation. TfL will be able to request a basic DBS check for pedicab drivers; that would show unspent convictions and conditional cautions. TfL’s desire is for pedicab drivers to be subject to enhanced DBS checks, as per taxi and private hire vehicle drivers.

The noble Baroness, Lady Randerson, mentioned the immigration status clause, which provides that any pedicab regulation that makes provision about the licensing of pedicab drivers or operators must, as I said earlier, include provision corresponding to that made by the Private Hire Vehicles (London) Act 1998. This ensures that there is consistency between these industries. Further, we expect that many pedicab drivers are likely to be self-employed, and Clause 2 will ensure that Transport for London can carry out right-to-work checks.

On the point raised by the noble Baroness, Lady Randerson, about the briefing on sites for pedicabs, we will pass the request to Transport for London for any consultation.

My noble friend Lord Moylan and a number of other noble Lords talked about the enforcement of regulations. Clause 3 sets out the options available to Transport for London in enforcing pedicab regulations. A level of discretion has been granted to TfL to determine how it will enforce regulations following consultation and engagement. The Bill itself is enabling and does not create any criminal offences or penalties. Clause 8 sets out that the Bill will come into force two months after the day it is passed. It will be for TfL to bring forward regulations once it has conducted a consultation, and to enforce these regulations once parliamentary approval is secured. Under Clause 3, Transport for London will have the ability to immobilise, seize, retain or dispose of pedicabs, if they are used in contravention to the regulations made by Transport for London.

The noble Lord, Lord Hunt of Kings Heath, talked about regulating pedicabs out of business. The Bill gives Transport for London the ability to regulate London’s pedicabs so that journeys and vehicles can be safer, anti-social and nuisance behaviour can be tackled, and traffic-related issues can be addressed. There is absolutely no wish to regulate them out of business. I am sure that my noble friend Lord Moylan might be disappointed at that, but properly regulated pedicabs can offer a safe and environmentally-friendly mode of transportation in London. We know that they are popular with tourists, leisure and night-time economy visitors to the capital. The industry has a role to play in contributing to London’s economic success. We do not intend to drive hard-working and honest pedicab drivers and operators out of business. However, we intend to tackle the common issues caused by unscrupulous actors, and this is what the Bill will achieve. I absolutely agree with the point made by the noble Lord, Lord Liddle, about having a balance here.

The benefits are clear. A regulated industry will improve public safety; passengers will know pedicabs are licensed and other road users can be confident they are roadworthy. Further, the Bill will help address some of the common issues that pedicabs give rise to, such as highways obstruction and anti-social behaviour.

Clause 6 sets out that pedicab regulations will be subject to the negative resolution procedure. We consider this an appropriate level of parliamentary scrutiny. It goes beyond London cab orders, which can be made by TfL without any parliamentary oversight. Further, Transport for London will be required to conduct a consultation under Clause 1(3) before it can bring forward any regulations.

To conclude, this legislation will ensure that London’s pedicab industry can be regulated for the first time. In turn, this will address the current legal anomaly and bring the industry in line with London’s taxi and private hire vehicle industries. The scope of this legislation is narrow and focused solely on addressing the situation in London. It will confer powers on TfL to bring forward regulations, equipping it with the tools it needs to tackle anti-social, unsafe and nuisance behaviour perpetrated by certain pedicab operators and drivers.

Parallel to addressing these issues, the Bill will help make pedicabs safer for passengers, pedestrians and other road users, providing assurance that these vehicles are roadworthy, properly insured and operating to clear standards. The introduction of fare controls will put an end to stories of passengers being ripped off, and, further, the ability to effectively enforce the regime will ensure that it has bite.

We recognise the importance of parliamentary scrutiny, and the Bill ensures this by requiring any regulations to be laid before Parliament. Prior to reaching that stage, Transport for London will have to conduct a consultation on its proposals, which will ensure that these are appropriate, fair and considered. I commend the Bill to the House.

Bill read a second time and committed to a Grand Committee.

Low-traffic Neighbourhoods

Lord Davies of Gower Excerpts

Tuesday 21st November 2023 Lords Chamber

[Lord Berkeley]

To ask His Majesty’s Government what are the health benefits of low traffic neighbourhoods.

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

My Lords, when implemented well and with good community engagement, low-traffic neighbourhoods can improve air quality and bring the obvious health benefits of increased cycling and walking. The Government continue to promote traffic management that enables more choice in how people make their journeys. That is why we are carrying out a review to ensure that, where they exist, low-traffic neighbourhoods are delivering the attractive choices for active travel that we all want to see.

[Lord Berkeley (Lab)]

I thank the Minister for that reply and welcome him to his new post, but why did the Prime Minister order a review of low-traffic neighbourhoods? I quote from the Telegraph:

“I just want to make sure people know that I’m on their side in supporting them to use their cars to do all the things that matter to them”.


Does that not include the health of their family, or does the car come first?

[Lord Davies of Gower (Con)]

I thank the noble Lord for his welcome. On 30 June, the Prime Minister announced a review of low-traffic neighbourhoods to be carried out by the Department for Transport. The review is intended to focus on the processes for creating low-traffic neighbourhoods, including understanding the consultation and engagement processes that were followed for such schemes and the views of local communities impacted by them. The review will focus on the schemes installed since the start of the Covid-19 pandemic and will not look at historical street layouts.

[Lord Ranger of Northwood (Con)]

My Lords, I too welcome my noble friend to his new role, one that I covet somewhat, having previously been a transport director for this city at City Hall. On low-traffic neighbourhoods, one of the challenges we faced in this city was managing the balance between safety, economic policy and keeping the city moving when implementing policies, especially on the roads. So, on low-traffic neighbourhoods and 20 mph zones, do the Government approve of a blanket approach to this type of policy, or does it have to be a bit more sophisticated?

[Lord Davies of Gower (Con)]

I thank my noble friend for that question. As a resident of Wales, I can speak with some experience on this. The Government are very concerned about excessive vehicle speeds and believe that any form of dangerous or inconsiderate driving behaviour is a serious road safety issue. The power to impose 20 mph speed limits rests totally with local traffic authorities and I emphasise that the Government support 20 mph limits in the right places. We do not, however, support 20 mph limits set indiscriminately on all roads in England, with due regard to the safety case and local support. The Transport Secretary announced The Plan for Drivers in October, which included an assurance that we will update the 20 mph speed limit guidance for England to prevent inappropriate blanket use.

[Baroness Deech (CB)]

My Lords, is the Minister aware that in Oxford LTNs have been bitterly divisive and a disaster? Teachers are resigning because they cannot get to school; shopkeepers, often of ethnic minority, are closing shops; ambulances cannot get through. Will the Minister ensure that locals are given the truth? So often, we are not told that the pollution displaced from one road simply moves to another. We need to insist that local authorities give us the true scientific picture.

[Lord Davies of Gower (Con)]

The noble Baroness makes a very good point. We are aware of the Oxford situation and I fully support what she said.

[Baroness Randerson (LD)]

My Lords, I welcome the noble Lord to his new role. My question very much follows from the previous one. What are the Government doing to ensure that local authorities undertake frequent and systematic monitoring of air quality, not just in low-traffic neighbourhoods but in traffic hotspots, to ensure that they pursue traffic reduction measures in general and not just in certain targeted areas?

[Lord Davies of Gower (Con)]

I thank the noble Baroness for her kind words. Transport is the largest source of greenhouse gases in the UK, with domestic transport accounting for some 26% of all emissions in 2021. Road vehicles produce over 90% of transport’s domestic carbon emissions, so the transition to electric vehicles is a clear priority as well as an opportunity to grow the economy. We will end the sale of all new petrol and diesel cars and vans by 2035. From 2040, all new HGVs will be fully zero-emission.

[Lord Tunnicliffe (Lab)]

My Lords, I welcome the Minister to his new role—this is a blood sport and he is the fox. Local authorities held accountable to residents at elections are best placed to decide how to manage traffic in their communities, yet we are now more than four months into a Whitehall-led review of the implementation of low-traffic neighbourhoods. Can the Minister explain how much this review process is costing, what value added is expected and whether the Government are contemplating primary legislation?

[Lord Davies of Gower (Con)]

The review is focusing on fact-finding to ensure that these schemes work for residents, businesses and emergency services and enable more choice in how people make their journeys. We expect the review to report back in early 2024, after which the Government will consider its findings and any necessary next steps to ensure that the schemes deliver the objectives they set out and take account of communities’ views.

[Baroness Manzoor (Con)]

My Lords, I very much welcome the review that my noble friend has outlined and, like others, I welcome him to his new role. My concern is with air pollution levels, particularly when linked to health. Among young children, allergies, bronchitis and asthma are very much on the increase. Can this be taken into consideration in the review so that we can understand the impact of pollution on health?

[Lord Davies of Gower (Con)]

I thank my noble friend for that excellent question. The latest published emission figures show that air pollution has reduced significantly since 2010—emissions of nitrogen oxide are down by 45%. Under the nitrogen dioxide plan, we are supporting 64 local authorities with £883 million of funding specifically to develop and implement measures to address their nitrogen oxide exceedances in the shortest possible time.

[Baroness Hayter of Kentish Town (Lab)]

My Lords—

--- Later in debate ---

[Baroness Hayter of Kentish Town (Lab)]

My Lords, the Minister will be picking up from his predecessor the portfolio about glare from oncoming headlights. Given the effect of this, the 20 miles per hour speed limit is really important, because eyes do not adjust enough to glare. Will the Minister meet me and others on this continuing issue of glare so that we can move forward on it?

[Lord Davies of Gower (Con)]

I know that this issue is of particular interest to the noble Baroness. I would be delighted to meet her.

[Baroness Fox of Buckley (Non-Afl)]

I welcome the noble Lord. Can the review look at the detrimental mental health harms of being forced, for example, to take three times as long to take the kids to school or the disabled and elderly being unable to get taxis from or deliveries to their doors due to LTNs, and the health impacts of heavily congested roads and LTNs? Will the Minister look at a new report, “Clean” Air, Dirty Money, Filthy Politics, which looks at the distorting influence of big money on the science and health evidence? We need to say that there are bad health effects of some of these anti-car policies.

[Lord Davies of Gower (Con)]

I thank the noble Baroness for her question. I take on board what she says, and I cannot disagree with it. There is nothing wrong with driving. Most of us use a car, and for many, life would not be liveable without one, but I take on board exactly what the noble Baroness says.

[Lord Hogan-Howe (CB)]

My Lords, I add my own congratulations to a retired detective who has been put in charge of traffic, which is truly a remarkable promotion. What plans do the Government have to ensure that cyclists do not exceed 20 mph in the low- traffic zones or, frankly, anywhere else that they choose to break the law?

[Lord Davies of Gower (Con)]

I thank the noble Lord for his kind words. He makes a very good point, and it is something, perhaps, that the Metropolitan Police should take good note of.

Rail Ticket Offices

Lord Davies of Gower Excerpts

Wednesday 12th July 2023 Lords Chamber

[Lord Sikka (Lab)]

My Lords—

[Lord Davies of Gower (Con)]

I think we will take the Labour side first.

[Lord Sikka (Lab)]

My Lords, the Minister said that people can buy tickets online. That presupposes that people have a good mobile phone or a computer and a broadband line. Can the Minister tell the House how many individuals and households do not have a good phone, access to a computer or a broadband link? What help will the Government be offering to those who do not have these things?

Great British Railways and Rail Services in the North

Lord Davies of Gower Excerpts

Monday 5th December 2022 Lords Chamber

[Lord Davies of Gower (Con)]

Can I ask the noble Lord to complete his speech?

[Lord McLoughlin (Con)]

He has now become leader of Liverpool City Council, so, having taken on a fairly controversial job, he now has an even greater challenge. So, those are some of the issues which are faced as far as transport is concerned, and I wish my noble friend well in her challenge ahead.

Transport Act 2000 (Air Traffic Services Licence Modification Appeals) (Prescribed Aerodromes) Regulations 2022

Lord Davies of Gower Excerpts

Tuesday 25th January 2022 Grand Committee

[Lord Berkeley (Lab)]

My Lords, I am grateful for the opportunity to take part in yet another short debate on navigation systems. I was very grateful to the Minister for writing to noble Lords to clarify things after the last debate, but I was sorry that I did not get a letter saying that she had arranged a meeting with the Minister for Aviation. I hope that she may tell us more about that today.

I wanted to update noble Lords on what has happened on EGNOS since the last debate. I have been given a copy of a letter from Robert Courts MP, the Parliamentary Under-Secretary of State for Air, to Jim McMahon MP, a Labour shadow Secretary of State, dated 22 June. The letter explains why the Government are not going ahead with EGNOS, and basically says that, in discussions with the European Commission, the Government decided that it was not considered to offer good value for the taxpayer.

I have been reflecting on what that means. Having talked to people in the Highlands and Islands, and Loganair, and having been in the Isles of Scilly last weekend, I discovered that the issue of safety of life, which the noble Baroness, Lady Foster, mentioned, is actually quite serious. In Scilly, there is no ferry in the winter, so people rely on air. There was a time between Christmas and new year this year when some people got delayed and had to spend five days in a hotel with their family, which does not come cheap.

More importantly, the Isles of Scilly and many of the Scottish islands rely on air help for medical emergencies—either a helicopter or a fixed-wing plane, depending on the circumstances. If people cannot fly due to bad navigation, usually fog, their health is at risk. I am not sure how the Minister for Aviation can say that that is not good value for money. I do not know how much he puts on a life that is lost because you cannot fly, when there is an alternative.

The Minister may not have the answers today, so perhaps she could write, but what is the actual cost of reinstalling EGNOS? There must be a cost from the European Union, even as a temporary measure. If there is an alternative, what is it, and when will it be ready? We need answers to those questions, because at the moment a lot of money is being spent on abortive attempts to keep EGNOS going, or not even start it. Maybe some of those who spent the money will look to have compensation, but it is more important that we find a solution that can be done and, I hope, worked with the European Union, even as a temporary measure.

I conclude by noting that the Channel Islands, which are not part of the UK air traffic system, have EGNOS. They have confirmed to me that they are continuing to use it, and as far as I can gather it does not cost them very much, if anything at all. I look forward to the Minister’s response, and I hope that she can soon give us a date for meeting the Air Minister.

[Lord Davies of Gower (Con)]

My Lords, I am very grateful to the noble Lord, Lord Berkeley, for raising this aspect of air traffic services, and it is a pleasure to follow him. I should perhaps draw attention to my role as co-chair of the All-Party Parliamentary Group on General Aviation and as an aviator who is often confronted with inclement weather conditions, when the provision of satellite-assisted navigation is of enormous help.

At the conclusion of the Brexit negotiations, a number of reasons were put forward from various sources as an explanation for the loss of the high-accuracy guidance provided by the European Geostationary Navigation Overlay Service, EGNOS, ranging from running out of negotiating time to the EU demanding an excessive amount of money to remain within the Galileo system. Seeking clarification in a Written Question to the Department for Business, Energy and Industrial Strategy on 20 April last year, I asked

“what financial contribution the EU requested for the UK to continue to access the European Geostationary Navigation Overlay Service Safety of Life service; how the request compared with the UK’s previous contributions; how they assessed value for money in view of its impact on aviation; and what plans they have to renegotiate access to this service.”

It was a disappointing response. I was told:

“The UK sought to negotiate a service access agreement on


EGNOS

“with the EU. However, the EU required participation in the programme along with the full associated costs of participation, as per previous years, for continued access to the EGNOS Safety of Life service. For all programmes under consideration, the Government was clear it would only participate where the terms were in the UK’s interests, and in this case, it was not considered value for money.”

The question of financial contribution was not answered.

I am bound to say that I find that quite astonishing. The whole purpose of EGNOS, which provides localiser performance with vertical guidance, commonly known as LPV accuracy, is the safe operation of aircraft. The clue is in the title: Safety of Life service. Surely this should be in the UK’s interest, and everyone else’s.

The loss of this service has had enormous financial implications for airfields, many of them small training establishments, which have assisted in EGNOS-assisted approaches. What is more, student pilots training for commercial licences have lost the opportunity to undertake the necessary practical training for those airfield approaches within the UK, with the prospect of moving to European training schools and consequent loss of revenue to UK training establishments.

Above all, it is the safety access which the EGNOS service provides and which has now been lost due to the Government putting value for money before the Safety of Life service. My question is simple: how much would it cost to retain that facility, or is it still the Government’s position that finances override the safety aspect of EGNOS?

In answer to a further Written Question of mine a year ago, I was informed:

“The Government continues to explore options for mitigating the loss of the LPV capability.”


Perhaps the Minister can update the House on exactly how much further forward we are on those much needed options and what the timescale is.

This is an extremely important issue on which the aviation community feels sorely let down, so I ask the Minister to do whatever she can to reinstate this important service, which, on the face of it, appears to have gone completely off the radar. I look forward to my noble friend’s response.

As we are considering aviation licensing issues, perhaps I can ask my noble friend’s indulgence for a moment longer on the issue of a recently adopted regulation resulting in pilots now being prevented from flying in UK airspace using US FAA flight crew licences. This is having a particular effect on helicopter operations. As the Minister will know, many pilots in the UK have FAA licences due to the costs involved with the UK’s authority, the CAA, which is one of the most expensive authorities in the developed world. I believe that Article 2(1)(b)(ii) of UK regulation 2018/1139 is the element causing problems for owners. The legislation applies to all third-country licence holders, including FAA licence holders resident in the UK, and all third-country aircraft registered in the UK.

The pressing issue is residence within the UK. If it was a case of the aircraft residing elsewhere, it would not be an issue. The legislation does not consider aircraft on the FAA register separately, as they are on a third-country register. Pilots and engineers who work on aircraft hold a multitude of different licences, not just FAA ones. Rather puzzlingly, the FAA instructor who conducts checkrides is invariably also a UK CAA examiner. Therefore, it is difficult for operators to understand why they should now be stopped from flying. We have a frustrated section of the aviation community unable to fly for business, with multimillion-pound helicopters and experienced private and commercial pilots having been made redundant through the legislation. I would be grateful if the Minister could outline how the DfT plans to address the issue.

[Baroness Randerson (LD)]

I thank the Minister for her introduction to these regulations. I will start by addressing what is in them before turning to other issues—I do not want to disappoint her, but I will turn to other issues.

The background to these regulations seems to lie in two serious systems failures way back in 2013 and 2014. These led in due course to this SI, via the 2021 Act. It has taken a very long time to get here, in an industry where technological development is very fast paced. Both the CAA and the CMA have additional responsibilities as a result of these regulations. They are the Government’s usual maids-of-all-work; barely a week seems to pass here without them picking up some additional responsibility. I ask my usual question to the Minister: what additional resources are they being provided with as a result of these additional responsibilities?

A recent Written Answer to one of my questions revealed that two people had been assigned to the team tasked with promoting general aviation and liaison with general aviation airfields, spending £375,000. By comparison, these regulations deal with very large airports and very large numbers of large airports. How many people are to be regularly devoted to the licensing of air traffic services? How many additional people does the Minister think will be required as a result of these regulations?

I say this because paragraph 12.4 of the Explanatory Memorandum refers very specifically to an increase in the number of appeals. It talks about an 8% increase in the number of minor modifications appeals and a 12% increase for major modification appeals. When, where and how did these figures come about? How were they arrived at? There was no formal consultation and no full impact assessment. My concern is that, without those, it is very difficult to be that precise. I was surprised by that lack of consultation, because modifications which affect the London approach affect a very large number of users—not just large companies and airports but the users of the airports and small companies and individuals too.

I move on to the other issue, EGNOS. I thank the noble Lord, Lord Berkeley, for his continued work on this really important issue. The noble Baroness, Lady Foster, and the noble Lord, Lord Davies, spoke with great expertise and knowledge on this. I have also been surprised by the lack of any apparent reference to the loss of EGNOS. I have been looking online, on the DfT website, for a formal statement; there is absolute silence, as far as I can see, on this essential issue.

Britain’s Railways

Lord Davies of Gower Excerpts

Monday 24th May 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

Those were some very interesting observations from the noble Lord, who is clearly well versed in the railways. He is right that we need to make sure that Ministers’ responsibilities are separate from those of Great British Railways, which is why we are proposing strong levers to hold them to account, but will not meddle in the day-to-day running of the organisation. So there will be statutory powers and the ability to issue binding guidance in specific areas, which will be important.

The noble Lord mentioned planning, and I have already pointed out that there will be five-year business plans within the 30-year strategy. He also mentioned freight, which is a very important part of this. It is often a forgotten area of the railways, and we believe that it will benefit from the national co-ordination that Great British Railways will bring. His last point was on data, which is one of the key areas where we feel that we can improve customer satisfaction. Historically, data has been held by the train operating companies and not shared as well as it should have been. By putting all this data and responsibility for revenues within Great British Railways, we will necessarily bring together all the data. We believe that from that we will not only simplify tickets but think of better ways to use that data to provide more value-for-money services for passengers.

[Lord Davies of Gower (Con)]

My Lords, as a frequent user of Transport for Wales and GWR from west Wales to London, I very much welcome this Statement. It is good to see the travelling passenger put at the forefront, in ticketing and the adoption of modern, flexible ways to pay. I note the comments that close collaboration is promised between Great British Railways and the devolved nations. Can the Minister perhaps elaborate on how the new ticketing system will integrate, for ease of use by the travelling public, with the payment systems of the now nationalised Transport for Wales and the proposed south Wales metro scheme? What conversations have the Government had with the Welsh Government on this?

[Baroness Vere of Norbiton (Con)]

Our engagement with Transport for Wales and the Welsh Government has been very significant and over a long period, both at ministerial and official levels. Next, we want to develop a joint working agreement with Transport for Wales and Great British Railways, so that all issues around fares, not only within Wales but for cross-border services, can be considered in the round. We would like them to join us in sharing data and using the single website and app to purchase tickets. We cannot force them to do that, but we look forward to having a close working relationship as we take this forward.