National Networks National Policy Statement

Debate between Lord Davies of Gower and Lord Tunnicliffe

Wednesday 8th May 2024 Lords Chamber

[Lord Tunnicliffe (Lab)]

My Lords, I often end up in this situation, with four or five people in the Chamber battling through statutory instruments with the Minister. I do not know how I got into this mess, but I have. Tonight, though, is different, and it has become more different as I have listened to this debate.

I was born in 1943, and I would claim to be in one of history’s most favoured generations. In my life, nobody has shot at me in anger; I have never known hunger; broadly speaking, longevity has grown in that period; general levels of health have improved; and, broadly speaking, affluence improved until, say, 2015. I remember the Cuban missile crisis and thinking, and even arguing, that all these sensible people who had been through the Second World War would not do anything silly. As I become closer to power in my old age, I realise by what a narrow margin that proved to be—just—true.

The situation we now face is worse. We have a number of wars; we have a war in the Middle East, and a war in Ukraine. Never, in decades, has the possibility of a war approaching our shores been greater. But even that pales into insignificance compared with the climate crisis. I have to get my stuff from the radio, but I believe that every day in the last year was the warmest on record, worldwide. I cannot go that far, but I have a horrible feeling that we will fail the climate crisis. We are a nation that can make our contribution, and we are backing off it; we were a leader on this whole issue, and now we are backing off it. This is just an example of how we are incrementally backing off our commitments.

I may be being unfair, so let us look at the Motion from the noble Lord, Lord Berkeley. I will read it into the record, because the more I read it, the more powerful I think it is. The key wording is,

“without carrying out the systematic review of road projects recommended by the Climate Change Committee; addressing the risk of insufficient environmental action by the Department for Transport highlighted by the National Audit Office; or joining up their policies with the missions presented to Parliament under the Levelling-up and Regeneration Act 2023”.

I want the Minister to address all three charges, because if he cannot refute them, he ought to apologise. It seems to me that those commitments were made to Parliament, and Parliament has a right to expect commitments made by Ministers to be honoured.

We have no vehicle to discuss the planning statement other than this debate, so I will finish by saying a few words about it. The issues with building transport infrastructure go deeper than the NNNPS. The question is whether this update will improve transport infrastructure delivery. While this version provides some important improvements on the 2014 version, it falls well short of providing what is needed and poses significant questions as to whether it is compatible with our climate change commitments. This risks further slowing down the planning process for major projects; the system is already moving at a glacial pace, when we should be pushing the accelerator. One of the concerns raised about the plan is that it is clearly not meeting our net-zero obligation. It contains decarbonisation promises that we already know the Government are behind on, such as the charge point target. How does the Minister plan to ensure that we still meet our 2015 net-zero target when these policies seemingly do the opposite? Does the Minister think his draft National Networks National Policy Statement is compatible with the 2021 transport decarbonisation plan?

An additional concern is the lack of roles for the subnational transport bodies. These bodies have strategic plans for their regions to both reduce carbon output and support economic growth. What further work will the Government do to ensure regional bodies are brought into transport planning? I am glad the Government accepted the Transport Committee’s recommendation that these plans be placed on a five-yearly review.

One piece of good news is that noble Lords should not have to wait long to see improvements in this policy statement, if the local election results are anything to go by. As part of its commitment to overhauling the country’s approach to planning and infrastructure, Labour has committed to updating all national policy statements within six months—and I thank the noble Baroness, Lady Jones, for pointing out that, conceptually, they are a sound idea. This sits alongside Labour’s review of Britain’s rail infrastructure, which would explore how it can not only recover from over a decade of managed decline but help us boost jobs, improve value for money and drive investment and economic growth across the country. This policy statement, thanks to the input of the Transport Select Committee and those who provided evidence, does improve on the one drafted by the Government. However, what our planning and transport systems need is a Government who are committed to delivering a system that works and is compatible with our net-zero promises.

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

My Lords, I would like to thank all noble Lords for their consideration of the National Networks National Policy Statement. I would particularly like to thank the noble Lord, Lord Berkeley, for securing the debate; he is well known for his contribution to transport policy, not least in the area of rail freight.

Our road and rail networks are essential parts of our transport system. They connect people and communities and enable the effective movement of freight. They are fundamental to our economy and our way of life. Therefore, we need to maintain and enhance these national networks. The Government set out their ambition in the 2020 national infrastructure strategy to make the infrastructure consenting process better, faster and greener. The cross-government action plan for nationally significant infrastructure projects sets out the reforms to the planning regime that will ensure the system can support our future infrastructure needs. The action plan underlines the importance of having clear and up-to-date national policy statements in order to set the strategic direction for future infrastructure schemes.

The National Networks National Policy Statement—or NNNPS, as I will abbreviate it—sets out the planning framework for taking decisions on large-scale road, rail and strategic rail freight interchange projects in England. It sets out the need for development of infra- structure, and the impacts that the proposed development must address. The NNNPS provides planning guidance for promoters of schemes on the national road and rail networks, and is the basis for the examination by the examining authority and decisions by the Secretary of State. The current NNNPS was designated in 2015; at that point there was no net-zero target, transport decarbonisation plan or biodiversity net gain requirement. The NNNPS has been reviewed to bring it up to date, so that it properly reflects the legislative requirements and policy context of today.

Goods Vehicles (International Road Transport Permits and Haulage Within the EU) Regulations 2024

Debate between Lord Davies of Gower and Lord Tunnicliffe

Thursday 18th April 2024 Grand Committee

[Lord Tunnicliffe (Lab)]

My Lords, I also thank the Minister for his presentation of this SI. He added a certain overview, which is useful. I found myself in a difficult situation with this SI, both because it is complicated and because the normal excellent support I get from the staff in our office was overwhelmed by the fact that the member of staff was doing Rwanda, so I had to try to do it myself.

I set about by trying to understand the thing. I do not know whether it is my age, and that I am just slowing down, but I found it very complex. It was not helped by the fact that the format of the Explanatory Memorandum has been changed—much to my surprise, because I learned the old one and knew where to go. That took me a little while to recover from, but eventually I found that Morag Rethans was my contact. We made contact and she helped me, over quite a long phone conversation, to work through the various bits of the agreement. Yesterday morning, I understood all parts of the SI. I do not think I understood them all at the same time, and my understanding of them has certainly faded a bit in the past 24 hours. I always like the contributions of the noble Baroness, Lady Randerson, because she is so much more diligent than me and finds little corners in what has been happening.

In a sense, I was content to clarify my mind—the Minister may have to correct me on this—that this was a piece of domestic legislation which took the agreements that we have, particularly the TCA and agreements with other peripheral states, as a given. As far as I can see, there is nothing in this instrument that changes our formal relationship with the EU and those peripheral states. What it does is mend holes in our own regulations that make the interface with other states incomplete and messy. The solution is designed to ensure that UK domestic law fits with our international obligations. In particular, it gives an enforcement mechanism to ensure that its impact is uniform, both in the UK and reciprocally with visitors to the UK.

By the time I had made my limited progress in understanding, I could not actually see any particular flaws in the SI, per se. Thinking in macro terms, it would have been great if we had done it sooner, because the closer it had been to the completion of the TCA and so on, the more likely that it would have fitted together. However, that has passed—let us not worry about it.

The problem with this agreement is that we left the club, and the club did not like us leaving. The negotiations that took place with respect to this area—the noble Baroness, Lady Randerson, and I go back at least five or six years on this issue—left the problems relating to road transport at a disadvantage compared with where we would like to be. Unfortunately, the only way of getting to where we would like to be would have been to maintain membership of the European Union. Since we on these Benches accept that we are no longer a member, it is our responsibility to conclude agreements that smooth the relationship as far as possible. As far as I can see, that is what this instrument does.

I object in many ways to the £5 million in relation to the assessment—saying that you do not need a proper impact assessment. The beauty of a full impact assessment is that the person doing it has to look at other solutions and, by looking at them, we are at least in part reassured that what is proposed is the best solution, having been exposed to other possibilities. I do not see anywhere where there could have been a better solution but it would have been better to have had a full impact assessment, with the team working on it considering all the solutions before coming to this one. With those few comments, I am content.

Moving outside the brief, in a sense, and joining the noble Baroness, Lady Randerson, it seems to me that, compared with some of the fears we had way back before this was firmed up, a pretty practical situation has been developed—as I say, this is the UK end of it—and that the biggest damage is in what one might call the musicians and artists area. I would like an assurance from the Minister—this parallels the noble Baroness’s concern—on what, if anything, the Government are doing about that. Is this still a live issue? Can we have some assurance that it is being pursued because it seems to me that, for most tasks, the regulations that exist now are practical?

It seems that, in this area, however, it is a heavy burden. As I understand it, for larger operations, the problem is overcome by dual registration of specialist transporters and so on, but that area, which is so important to the UK economy, starts off with two or three blokes and their instruments in a Transit van. Previously, they could wander around the continent and so on. I know that that is what the Common Market is about and that we are not in it anymore; nevertheless, it is a considerable blow to emerging musicians and artists, so I hope that the Government might make some progress in that area.

[Lord Davies of Gower (Con)]

I thank noble Lords for their consideration of these draft regulations and their contributions. I will now attempt to respond to some—or all—of the specific points that were made.

These regulations are required to ensure that the UK continues to meet certain obligations of the EU-UK Trade and Cooperation Agreement, which enables ongoing market access to the EU for the UK haulage industry. Failure to legislate to fully implement posting requirements would risk challenge from the EU around a potential breach of the TCA, the key treaty for our ongoing trading relationships with the EU. The regulations assist the UK’s competent authorities to deal with operators who have refused to co-operate with foreign authorities. The UK’s competent authorities are the traffic commissioners, for Great Britain, and the Transport Regulation Unit, for Northern Ireland. The regulations increase the tools available to them and their ability to prevent attempts to evade the rule of law.

In 2023, the UK laid regulations that provided competent authorities with powers to enforce posting requirements related to EU operators working in the UK. It is important that the UK is seen as fair and implements the reciprocal provisions for UK operators, who are subject to the same requirements in the EU. Additionally, domestic legislation must be updated to reflect the progress of partnerships with countries outside the EU—including several new and amended bilateral road transport agreements, to which I alluded earlier, that have been signed since 2018. Although UK operators working abroad outside the agreements take a chance of facing enforcement abroad, by matching UK law to these agreements, the regulations demonstrate the UK’s commitment to honouring them fully.

I turn to the point made by the noble Baroness, Lady Randerson, and the noble Lord, Lord Tunnicliffe, about UK haulage access rights abroad. During the TCA negotiations, the UK proposed specific market access rights for specialist hauliers servicing tours for cultural events, arguing that the nature of their work was specialist and different from general haulage activities. UK negotiators attempted to differentiate cabotage arrangements from touring. They sought to permit the carriage of goods entering the EU from the UK being unloaded and reloaded at various points in the EU and returning to the UK unaltered. The EU did not accept this proposal, seeing these different arrangements as a way of getting additional cabotage rights which are unprecedented for non-EEA/EFTA countries. To support the cultural touring sector, the Department for Transport implemented the dual registration measure in the summer of 2022. This measure relates to HGV operators.

The noble Baroness, Lady Randerson, raised engagement with stakeholders. Throughout the development and implementation of these measures associated with the posting of transport workers, we have been engaging with industry stakeholders to promote the changes and helping businesses to know what they need to do. An 8-week public call for evidence was held from 29 June 2021 to 24 August 2021 which received 113 responses which were published on GOV.UK; 64 of these responses were from representatives of organisations. Following this, we also held a closed consultation on the proposed legislative measures with six key stakeholders, including industry associations. Consultees were broadly supportive of the proposals, and the majority thought that the additional burden imposed on businesses would be low. The devolved Administrations have been consulted on the details and proposed effects of the regulations throughout the process, including a specific consultation from August to October 2023 about the postings and international permits provisions of these regulations.

On the impact assessment, which was raised by the noble Lord, Lord Tunnicliffe, the Department for Transport undertook a post-implementation review of the 2018 regulations. Permit numbers have not been oversubscribed. There have been no reports of impact by the industry.

On communications to the industry, which was raised by the noble Baroness, Lady Randerson, the changes made by these regulations will be communicated with the industry via trade associations, updates to GOV.UK and other relevant channels. Information is already available where there have been changes to permit requirements in international road transport agreements. Communications with trade associations were done when international road transport agreements were implemented.

Posting requirements already apply to road transport operators and drivers for journeys between two places in the EU. Guidance has already been published. The provisions of this instrument do not affect what road transport operators or drivers need to do to comply with the posting requirements. On the point raised by the noble Baroness, Lady Randerson, on fees, they are not being increased.

On the point raised by the noble Lord, Lord Tunnicliffe, as a result of the trade and co-operation agreement, the UK is required to implement some changes related to road transport from 2022 onwards. This is because the related EU acquis was, when the TCA was negotiated, known to be being changed from 2022. Therefore, provisions were included in the TCA for changes to come into effect later. These later changes include changes to the road transport operator licensing regime, which the UK made in 2022. They also include changes in relation to the posting of transport workers affecting in-scope drivers of goods vehicles, which is the subject of these regulations. These changes were written into the 2020 TCA, albeit with later commencement dates.

To conclude, these regulations are an important step in the UK’s future relationship with the European Union and an important part of the EU-UK Trade and Cooperation Agreement that we agreed when leaving the EU. Implementing these regulations will ensure that UK operators found to be breaking the rules included in the TCA—an important treaty for our ongoing trading relationship with the EU— can be dealt with appropriately. The regulations also update requirements related to road haulage permits, including in the light of new and better bilateral road transport agreements between the UK and certain non-EU states.

Renewable Transport Fuel Obligations (Amendment) Order 2024

Debate between Lord Davies of Gower and Lord Tunnicliffe

Tuesday 26th March 2024 Grand Committee

[Lord Tunnicliffe (Lab)]

My Lords, I thank the Minister for his presentation of this statutory instrument. It is not an instrument that I have got on with very well. I decided to try to understand it, and that has absorbed a great deal of my time. As I tried to understand it, my old history teacher’s test came to mind: “You don’t understand it until you can explain it in your own words”. So I shall explain what I think it means, in my own words, and see whether the Minister agrees.

At one level, this is an elaborate and benign waste-management exercise. Let us look at the two comparisons here. A renewable transport fuel comes from taking CO₂ out of the atmosphere and turning it into fuel using those wonderful devices called “plants”. We then turn the energy captured in those plants into fuel and burn it in vehicle engines and so forth, which releases the energy and the CO₂ back into the atmosphere. The impact of the CO₂ is neutral: in other words, the plants’ photosynthesis activity captures energy, essentially from the sun, and that energy is turned into fuel and then released.

A recycled carbon fuel takes carbon from beneath the earth, in the form of oil or carbon or whatever, and in this case turns it into something useful such as plastic, which then becomes waste. It is then, in this process, turned into fuel. That means, essentially, that it is burned. Energy is released and the CO₂ is released into the atmosphere. The impact of CO₂ is adverse, in the sense that carbon is taken from its fossil source and put into the atmosphere, which is a bad thing.

It is only if the feedstocks are not burned wastefully, through incineration or whatever, that there is a net benign effect: only if very strict controls are applied to the feedstock to make sure that it is inevitable that the feedstock is turned into free CO₂, left to incineration et cetera—or it goes into landfill, which once again is an adverse outcome. Therefore, properly controlled, this policy is benign and has our support. So the Minister can stop his concerns; we are not going to try to vote this down, first because it is benign and, secondly, because we do not want a constitutional crisis.

Moving on, I have a few questions about this order. The emphasis in the literature seems to be on aviation fuel. Can the Minister give us some feel on the extent to which it will be a significant contribution to aviation fuel or where else it would be used in any significant amount? Indeed, will it be significant in any non-aviation applications? Next, is there an international dimension here in terms of the UK creating this instrument, which will stop the development of international agreements on this way of handling waste? Finally, is it within this instrument’s power for the Government to withdraw it, because it needs to meet two tests? The first is on the strict control of the feedstock while the second is about whether the financial incentives contained in the order actually work. If it is impossible to get a set of financial incentives that work, can the Government withdraw the instrument and its impact?

[Lord Davies of Gower (Con)]

My Lords, I thank all noble Lords for their consideration of this order. I will now attempt to respond to the specific points that they made.

Let me start by saying that the RTFO includes a range of strict eligibility criteria to ensure that all fuels supplied are sustainable and provide a minimum level of greenhouse gas savings. Although RCFs are a fossil fuel, and therefore emit fossil carbon when combusted, their carbon savings are determined by comparison to the counterfactual end-of-life fate of the waste feedstock. For instance, black binbag waste uses an assumption that the waste would otherwise be incinerated in an energy-from-waste plant and calculates the benefit seen by diverting that waste into fuel production. This still needs to provide an emissions saving of 50% compared to simply using fossil diesel.

Different counterfactuals can be considered, depending on the specific waste feedstock. This ensures that the use of these fuels delivers effective greenhouse gas savings. Converting residual non-recyclable waste plastic into recycled carbon fuels can encourage a more effective use of our waste, as it can achieve greater energy recovery than disposing of the waste via conventional means.

Any recycled fuel produced from plastics will have to meet the same fuel standards as all other fuels to gain support from the RTFO. We are aware that pyrolysis oil, which is an initial stage of chemical waste recycling, can be used as a fuel for some applications and can have negative air quality issues associated with its use. However, such fuel would not be eligible under the RTFO order proposed here, as it does not meet the relevant fuel standards outlined in the order. Pyrolysis oil created during RCF production would need to be further refined into a diesel fuel that complies with existing fuel standards to receive RTFO support. We are not aware of any evidence to suggest that this would alter the air quality performance of the final fuel compared to regular diesel.

I will now address one or two of the points that were made. The noble Lord, Lord Ravensdale, made a couple of points; in particular, he talked about nuclear-derived fuels. I can tell him that we received the primary powers required to support nuclear-derived fuels under the RTFO following Royal Assent of the Energy Act 2023. We continue to consider the inclusion of nuclear-derived fuels in the RTFO. We have confirmed that the forthcoming mandate for sustainable aviation fuels will support nuclear-derived fuels; it is on track to come into force on 1 January 2025.

On the issue of cross-departmental working, DESNZ, the DfT and the Treasury are absolutely aware of the need for it and are making great efforts to work together in order to take it forward.

Avanti Trains

Debate between Lord Davies of Gower and Lord Tunnicliffe

Tuesday 27th February 2024 Lords Chamber

[Lord Davies of Gower (Con)]

I will certainly have a look at that.

[Lord Tunnicliffe (Lab)]

My Lords, I commend my noble friend Lord Snape for his tenacious pursuit of Avanti’s inferior performance. However, it is not just Avanti; Govia Thameslink regularly fails two-thirds of its performance measures. The industry is in a mess. Why do His Majesty’s Government not initiate legislation, already in draft, to create Great British Railways; or even better, call a general election and hand over this mess to a properly mandated Government?

[Lord Davies of Gower (Con)]

The noble Lord asks about the Govia Thameslink Railway service. The new service quality regime was introduced in 2023, and the targets set for that period were drawn from the best available information at that time. We have been able to review and evaluate the outcomes of a standard set in 2022-23, with new levels for 2023-24. The department regularly discusses and reviews performance with Govia Thameslink Railway, and its service quality regime results have improved year on year. We will continue to hold it to account to deliver further improvements for passengers.

Automated Vehicles Bill [HL]

Debate between Lord Davies of Gower and Lord Tunnicliffe

Report stage
Tuesday 6th February 2024 Lords Chamber

[Lord Tunnicliffe (Lab)]

My Lords, I will not take up the House’s time. We have nothing to add to this debate, although it has been very interesting. I have to deliver our judgment, which is that we are pretty sympathetic to this group. Much will depend on what the Minister says, and the extent to which he is able to give assurances may cause our view to change, but we are broadly sympathetic and will listen carefully to the response of the noble Lord, Lord Holmes.

[Lord Davies of Gower (Con)]

I thank noble Lords for their contributions to this debate, particularly those who joined me for a detailed discussion following Committee.

The Government want all parts of society, including those with disabilities, to be able to reap the benefits of self-driving technology; I see no disagreement between us on that point. The question at hand is not one of ambition but rather the most appropriate form and timing of intervention.

It bears repeating that we are all dealing with an industry in its infancy. It is not clear what kinds of services will ultimately come forward, and therefore what kind of accessibility provisions are appropriate. What is clear, however, is that if we try to compensate for that uncertainty with unnecessarily broad requirements, the greatest risk is that the industry simply does not develop at all.

If we want self-driving technology to serve the needs of disabled people, we must have a viable self-driving industry in the first place. That is why we have anchored our approach in the recommendations put forward by the law commissions. Their central conclusion on this issue was that our focus should be on gathering evidence and gaining experience. On their recommendation we have built reporting on accessibility into the new passenger permit scheme and have committed to using this learning to develop national accessibility standards for permits. Although we will do so in a more flexible, non-statutory form, it is on their recommendation that we are establishing an accessibility advisory panel to inform that process. We will of course also draw on the deep and hugely valuable expertise of our existing statutory Disabled Persons Transport Advisory Committee.

Alongside this, the Government will continue to support the development of accessible self-driving vehicle designs. This investment has already helped five separate projects to deploy accessible vehicles, and there will be further opportunities as part of our £150 million CAM pathfinder fund, announced last year.

Beginning with Amendment 8, the authorisation process exists to ensure that self-driving vehicles operate safely. It is not designed to regulate the physical construction of vehicles. Indeed, as my noble friend Lord Borwick points out, most developers are currently working to incorporate self-driving systems into existing, mass-produced models, not creating new vehicles from scratch.

--- Later in debate ---

[Lord Tunnicliffe (Lab)]

My Lords, I thank my noble friend Lord Berkeley for raising these issues. I am afraid that my consideration of these things comes to the conclusion that it is a mess. There are various bodies in the Department for Transport that have various responsibilities in various other forms of transport. There is the road safety investigation branch; I cannot for the life of me see why we are going to have a road safety investigation branch. If we are, I am not quite clear in my mind how that will add value. Some clarification from the Minister would be welcome. We probably need a sensible internal review in the Department for Transport to see to what extent we need all these bodies or whether they have sufficient common themes to be brought together, thereby bringing together the expertise. All in all, I think this is a challenge for the Government, and I hope they rise to it.

[Lord Davies of Gower (Con)]

I am very grateful to the noble Lord for taking the time to meet me yesterday to discuss these issues in more detail. I absolutely agree with him on the importance of independent input into the system, and I have already touched on where the Government see these key functions lying. As the noble Lord, Lord Berkeley, mentioned, this is central to the purpose of the independent statutory inspectors, whose role is established in Part 3, Chapter 2 of the Bill. They will have complete independence and all the necessary powers to investigate incidents involving self-driving vehicles and make public recommendations to improve the safety of the system. They are functionally the same as their marine, air and rail equivalents. All these bodies are part of the department, but nonetheless maintain their independence.

Separately, the Government will continue to be held to account in Parliament on their administration of the self-driving system—both at the Dispatch Box and by the Transport Select Committee. Indeed, government Amendment 7 will enable even greater scrutiny in this House of the first iteration of our statement of safety principles. Finally, we will continue to receive independent advice from our expert advisory panel, featuring representatives from the RAC Foundation, the Disabled Persons Transport Advisory Committee, and a selection of academics and engineers.

I will begin with Amendments 12 to 17, which look to change the role and purpose of the statutory inspectors to cover vehicle technologies that were never designed to meet the self-driving test. Our focus in this piece of legislation is on delivering the recommendations of the law commissions. Recommendation 32 of their report specifically calls for independent incident investigation to form part of the self-driving vehicle safety framework.

Our view is therefore that the inspectors’ role should be focused explicitly on incidents involving self-driving vehicles. This will require specific skills and expertise, and close working with the other arms of the self-driving safety framework. I recognise the noble Lord’s desire to see the remit expanded. While I fear that we disagree on that point, I assure him that the Bill permits flexibility to make sure that edge cases are not excluded. For example, the inspectors’ powers extend to vehicles that have at any point been authorised as self-driving, including those that, for whatever reason, have had their authorisation revoked or otherwise called into question. Further, provided an incident involves at least one self-driving vehicle, inspectors will be able to investigate all vehicles involved, self-driving or otherwise.

--- Later in debate ---

[Lord Tunnicliffe (Lab)]

Before the Minister sits down, will he do me a personal favour and put me out of my agony? What has happened to the road safety investigation branch?

[Lord Davies of Gower (Con)]

I am not sure that I completely understand, so I am unable to give an answer. As far as I understand, it still exists.

[Lord Tunnicliffe (Lab)]

It does not exist.

Pedicabs (London) Bill [HL]

Debate between Lord Davies of Gower and Lord Tunnicliffe

Report stage
Tuesday 30th January 2024 Lords Chamber

[Lord Davies of Gower (Con)]

My Lords, this final group of amendments covers the process for regulations made under the Bill. Amendment 3 places responsibility for making pedicab regulations solely with Transport for London, meaning that pedicab regulations will no longer be subject to any form of parliamentary procedure.

Noble Lords will be aware that this marks a shift in the Government’s approach. The Government have listened to, and reflected on, the points raised at Second Reading and in Grand Committee, and reached the conclusion that these powers should rest with Transport for London. The Government have reached this view for several important reasons. First, it is consistent with the position for taxi and private hire vehicle licensing in the capital, where Transport for London has demonstrable experience of operating effective licensing regimes. Secondly, the Bill’s provisions extend to Greater London only, addressing the legal anomaly that has meant that London’s pedicab industry has been unregulated. The Bill presents a solution to a London-centric issue. Thirdly and finally, the relative size of the pedicab industry in London is an important factor. Estimates suggest that pedicab numbers range from 200 up to 900 in peak season. This is a significantly smaller industry than London’s taxi and PHV industries, where there are over 100,000 licensed vehicles and over 120,000 licensed drivers. Therefore, this amendment offers a proportionate approach.

While I am confident that this amendment is supported by the majority of your Lordships, I am aware that there may be some noble Lords concerned that Transport for London would seize this opportunity to remove all pedicabs from London’s streets, or to impose draconian restrictions that all but ban these vehicles. I reiterate that I do not—

[Lord Tunnicliffe (Lab)]

I apologise for jumping in on this point but it is very important. The Minister said that the generation of regulations would be solely the responsibility of Transport for London, which is exactly where we seek to be. In preparing for this debate I looked through the Bill, and all the Minister’s amendment does—I say “all” but it may be enough, in which case I will be delighted—is to take a subsection out of Clause 6. Can I be assured that that subsection’s deletion effectively removes any DfT input to the creation of regulations other than the amendment that goes with it to introduce guidance?

[Lord Davies of Gower (Con)]

Yes, that is my understanding of the amendment and is correct.

Although I am confident that this amendment is supported by the majority of your Lordships, as I said, I am aware that some noble Lords may be concerned that Transport for London would seize this opportunity to remove all pedicabs from London’s streets or to impose draconian restrictions. However, I reiterate that I do not understand this to be TfL’s intention and, furthermore, it is highly unlikely that pedicab regulations could be used to do this.

However, this moves me to Amendment 4, which gives the Secretary of State the option of issuing statutory guidance to Transport for London relating to how functions under pedicab regulations are exercised. The amendment specifies that statutory guidance may cover how functions are exercised so as to protect children and vulnerable adults from harm. This amendment intends to strike a balance with the removal of parliamentary procedure for secondary legislation made under the Bill. The Government remain aware this will be a newly regulated industry, and this amendment will give the Secretary of State the option of influencing the shape of the London pedicab regime.

Transport for London or any person authorised by it to carry out functions under pedicab regulations on its behalf will need to have regard to guidance issued by the Secretary of State. This provides a level of oversight which I hope provides assurance to any noble Lords with concerns. Further to this, Clause 1(3) requires TfL to conduct a consultation prior to making pedicab regulations.

I hope this demonstrates that the Government have listened, and that these amendments are viewed by your Lordships as a thoughtful way forward, one which will best enable Transport for London to commence work on bringing forward its regulatory regime. I beg to move.

--- Later in debate ---

[Lord Tunnicliffe (Lab)]

My Lords, I first thank the Minister, as others have done, for the amount of time he has taken on this Bill. Our central concern was that this is a London problem, and we created TfL to look after London’s problems. Now, I am in favour of TfL—somewhat biasedly, because I helped create it—but it has lived up to our expectations and has done a good job over the 23 years of its existence. It is very much the right organisation to do this task.

I thank the Minister for his Amendment 3, which he assures me will give TfL sole responsibility for developing regulations. I do take the point about why subsections (1), (3) and (4) are being retained, but I am sure it is all right because I have faith in the wonderful drafting powers of his team. If, upon consideration, they become a concern, I am sure that a government amendment will be tabled at Third Reading to amend any conflicts between the different parts. I hope he will give that consideration, if his team do advise him that there is a conflict.

Having said that I am in favour of Transport for London doing this task, I grudgingly accept that some of the concerns about TfL getting carried away and banning everything in sight, and making people bankrupt by charging them utterly unreasonable fees et cetera, do make a case for Amendment 4. Therefore, I recognise that that is the trade-off between the important position to take throughout the parliamentary process, while making sure there is a potential for government to create guidance that TfL has to have regard to. The balance between the two amendments, from our point of view, is acceptable.

The noble Baroness, Lady Randerson, has produced Amendment 5, which is drafted very much in the terms of many of her amendments, in the sense that it is motherhood. I am actually in favour of motherhood; it helps the world go round, and it says a series of sensible things. But the problem with putting something in legislation is whether it says all the things that should be said, or whether, conversely, it contradicts things that might be wanted. I am afraid I cannot support her. I do not think it is her intention to press the amendment, but I do commend it as a questionnaire for the Minister, to clarify the Government’s position on the points raised.

[Lord Davies of Gower (Con)]

My Lords, I once again thank your Lordships for their careful consideration of the Bill. I have outlined the purpose of the Government’s amendments in this group, and will now address Amendment 5, in the name of the noble Baroness, Lady Randerson.

I first reiterate the Government’s objective in bringing forward this Bill. The purpose is to provide Transport for London with the tools it needs to regulate London’s pedicabs so that journeys and vehicles are safer and fairer. This means addressing both the safety-related and traffic-related concerns, and tackling the antisocial and nuisance behaviour of certain pedicab operators and drivers.

Amendment 5, which attempts to set objectives to which the Secretary of State must have regard when issuing statutory guidance, shares the Government’s objectives. However, this has been tabled in response to the Government’s Amendment 4, which provides the Secretary of State with the option of issuing statutory guidance to Transport for London relating to the exercise of its functions and the pedicab regulations. This provides clear parameters for the scope of any statutory guidance and therefore Amendment 5 is not necessary, as the matters it covers are addressed by provisions in the Bill. In addition, I note that prescribing in detail what the Secretary of State must consider when issuing guidance could have the effect of inadvertently excluding from the scope of the guidance matters which have not been specifically listed. For this reason, a general approach is considered preferable.

I will highlight some of the relevant provisions in the Bill. Clause 2(5) covers fares, including what fares may be charged and how passengers are notified of these. Clause 2(6) covers a wide range of issues relating to the operation of London’s pedicabs. This includes safety, the quality and roadworthiness of pedicabs, the working conditions of drivers and their conduct. Clause 2(7) gives Transport for London the power to place limitations on where and when pedicabs can operate, and Transport for London has already confirmed it will need to give proper consideration to the matter of pedicab ranks, taking into account the needs of pedicab drivers, passengers and other road users. Clause 3 sets out the enforcement mechanisms available to Transport for London and includes details of penalties.

A couple of points were raised by noble Lords. The noble Lord, Lord Storey, talked about identification of the pedicabs. That really will be a matter for Transport for London, however it intends to license them. I can think of various ways it could do it; I am sure he could as well but it will be a matter for Transport for London. On the point raised by the noble Baroness, Lady Randerson, regarding the need to consult, that is written into the Bill, most certainly, and I feel quite sure that cycling organisations will be included in that. I think that more or less covers everything apart from the point from the noble Lord, Lord Borwick. On that, we can confirm that this is solely Transport for London’s responsibility.

East Coast Main Line

Debate between Lord Davies of Gower and Lord Tunnicliffe

Wednesday 24th January 2024 Lords Chamber

[Lord Davies of Gower (Con)]

I hear what my noble friend says. I will certainly take it back and have a look at it.

[Lord Tunnicliffe (Lab)]

My Lords, the Minister implies that the 2024 timetable is more or less complete. That would have involved seven railway operators, Network Rail and the DfT achieving a consensus. Such a consensus would have had winners and losers. Who made the decision as to who would be the losers?

[Lord Davies of Gower (Con)]

With great respect to the noble Lord, I am not too sure that I understand his question. Perhaps we can have a look at it later.

Private Crossings (Signs and Barriers) Regulations 2023

Debate between Lord Davies of Gower and Lord Tunnicliffe

Wednesday 17th January 2024 Lords Chamber

[Lord Tunnicliffe (Lab)]

The essence of my point is that, superficially, this burden offends the rule that the railways claim to take through the ORR that safety improvements are not necessary if their cost is grossly disproportionate to the benefit. If it is above £5 million you would have to set that down on a piece of paper. Would the Minister mind setting out on a piece of paper, and sharing it with all who have spoken, how the department came to the conclusion that the benefits are greater than the cost and that the cost is not grossly disproportionate to the benefit? It is a simple idea that saves the railways spending lots and lots of unnecessary money. It is a very sensible idea and it is recorded; eventually you find it in their rules. The sum should have been done.

[Lord Davies of Gower (Con)]

My Lords, we could discuss this for ever and a day: the cost of a life. To me, one life saved, at whatever cost, is a life saved. That is particularly important.

[Lord Tunnicliffe (Lab)]

I am sorry, but safety legislation, in virtually every area, does not take that view. We do not talk about it very much, but the ability to spend money on safety is almost infinite. There has to be a point where you say “Enough is enough”—otherwise, transport and virtually all activity involving risk would grind to a halt. You have to take a sensible, proportionate view, which British safety legislation does. The very sound Health and Safety at Work Act 1974 does not require risk to be eliminated; it requires it to be reduced to as low as reasonably practicable, and a court has ruled that that test includes cost.

[Lord Davies of Gower (Con)]

I am afraid we will have to agree to disagree on that point at this stage. I now have to conclude—

Automated Vehicles Bill [HL]

Debate between Lord Davies of Gower and Lord Tunnicliffe

Committee stage
Monday 15th January 2024 Lords Chamber

[Lord Tunnicliffe (Lab)]

The noble Lord has assured us that this is a probing amendment, and I am convinced he is not expecting many answers from me. I give way to the Minister.

[Lord Davies of Gower (Con)]

I am grateful to my noble friend for tabling these amendments and for sharing his perspectives on these issues. I will begin by briefly addressing his point about public understanding and properly communicating what he refers to as the “look and feel” of a world with self-driving vehicles.

In previous debates, I have referred to The Great Self-Driving Exploration. This ground-breaking study was specifically designed to allow people from all walks of life to understand more about self-driving vehicles and to comment on whether they felt their introduction would be beneficial. This is just one example of the work we have been doing in this space.

Amendment 63 looks to require that a statement be made on the necessary changes to highways legislation that may arise from the use of self-driving vehicles. As I set out earlier this afternoon, the Bill does not require changes to our roads, nor are changes considered necessary for the safe deployment of self-driving vehicles. The Bill already sets out the legislative changes that we believe are necessary to enable their use. Local authorities are responsible for managing their road networks, and the existing legislative framework provides them with a wide range of powers to regulate traffic. It also places duties on them to ensure that they do so effectively, for the benefit of all road users. We believe that this existing framework is sufficient to enable them to regulate traffic, including self-driving vehicles, appropriately. Highways legislation is a complex area of law, covering a wide range of powers, duties and responsibilities. For many parts of the Bill, a statement of the kind proposed in the amendment would be irrelevant and would cause unnecessary delay in implementing the new regulatory framework.

My noble friend’s Amendment 62 calls for a consultation on updating the Manual for Streets to take into account the introduction of self-driving vehicles. As I have made clear, self-driving vehicles must adapt to our roads, not the other way round. We would therefore not expect significant changes to the Manual for Streets to be necessary. As was pointed out, the manual was first published in 2007 and updated in 2010. The department is working on bringing together and updating both manuals, which will be published in due course. I will ensure that my noble friend is updated on the progress of this.

Local authorities are responsible for the design and management of their roads, and for setting their own design standards. We have long encouraged them to use the principles in the Manual for Streets in doing so. The department produces a wide range of technical advice documents on aspects of street design and traffic management, of which the manual is just one. There is no statutory consultation requirement for the Manual for Streets, so imposing such a requirement in this case would be unnecessary. However, in line with good practice, key stakeholders have been involved in its development.

Tying the commencement of the Bill to the production of the manual would appear disproportionate, considering there is relatively little overlap between the two. It would therefore cause unnecessary delay in implementing the framework for self-driving vehicles. While I recognise that I may not have been able to provide my noble friend with all the answers that he was looking for, I hope that these explanations have none the less been helpful and go so some way to allowing him to withdraw his amendment.

Automated Vehicles Bill [HL]

Debate between Lord Davies of Gower and Lord Tunnicliffe

Committee stage
Monday 15th January 2024 Lords Chamber

[Lord Tunnicliffe (Lab)]

My Lords, I will speak briefly to each of the amendments in this group, a lot of which have what I call a “motherhood” characteristic. In other words, they are self-evidently sensible things to do; the debate is whether these ideas are properly caught by the language or whether, indeed, they need to be on the face of the Bill. Therefore, I would like the Minister to try to answer in two ways: first, whether he essentially disagrees with the concept in the amendment and, secondly, if he agrees with it, why we should not have it in the Bill.

I start with Amendment 25; I believe Amendment 59 is consequential to it. This is an entirely reasonable amendment. It is difficult to believe that the standards expected and the areas considered will be identical—or even largely identical—to the present MoT regime, and therefore I think a review is entirely sensible.

Similarly, my noble friend Lord Berkeley has made a good point in Amendment 37A—and, as I read it, Amendment 57A is consequential—that the Office of Rail and Road could make a singular contribution. The ORR’s problem is that it has the responsibilities of a railway inspectorate on the one hand and, potentially, of a road inspectorate with particular reference to this area. The problem, particularly on the railways, is that there is often not enough business to keep such teams properly employed. The skills required are very similar. It could be a merger of two teams or learning from each other—there are all sorts of things that one can think of when it comes to drawing the rail and road people into the way that the various investigatory and rule-setting powers would work. As I said, Amendment 57A is consequential.

My noble friend Lord Liddle has three amendments in this group. I shall speak particularly to Amendments 40 and 41. I did not find these the easiest to read because the whole problem of taking a statement and then adapting it to a new meaning is not without its hazards. I will quote the appropriate subsections from Clause 61. Subsection (1) says:

“The main purpose of the role of inspector is that of identifying, improving understanding of, and reducing the risks of harm arising from the use of authorised automated vehicles on roads in Great Britain”.


That is then conditioned by subsection (2):

“It is no part of that purpose to establish blame or liability on the part of any person in relation to a particular incident”.


That is a no-fault environment in which many people would agree you get a better result out of the inspection of events. However, we feel that we need to take that further. Amendment 40 would add, at the end of the wording in subsection (2),

“unless the investigation concludes that a failure in the technology of an automated vehicle is at fault”.

That would give it a specific requirement to bring out and invite the inspector to say, “It was the technology that caused this accident”. We think it important that they are able to specify that the technology was at fault.

Clause 68(1) says:

“An inspector must report any findings of an investigation to the Secretary of State”.


In a sense, that implies that this is pretty routine stuff and it only needs to go to the Secretary of State. We believe that because of the complexity, and the obvious desire of the people who have looked at this at some length that parliamentarians should be involved with the evolution of this, there should be a caveat to that. Amendment 41 proposes to add

“who must lay this report before Parliament should the investigation find a technological failure of an automated vehicle to be the cause, or one of the causes, of an incident”.

So the situation would be that the Secretary of State received all reports where the technology had not been found at fault, but where the technology had been found at fault, that would be reported to Parliament.

In Amendment 55E, the noble Baroness, Lady Randerson, has asked for a workforce strategy. This is classic. The whole of the UK, frankly, calls for a workforce strategy, and over and over again you see decisions being made without regard to the workforce capability. There is a good case for this particular role, but the Government should grasp the proper use of workforce strategies in managing our society. We think of the problems of doing something as being about physical things, such as factories, but over and over again it is the limitation of skills. Any activity is as much about the skill of the people working with it—it is particularly interesting to look at this in the military—as it is about the kit they are using to deliver it. We should be thinking more and more in these terms. I do not know whether this is one of the launch areas, but bringing it up in the Bill was a good thing.

Finally, Amendment 56A from my noble friend Lord Liddle, as stated in the explanatory statement, is

“to probe the difference between ‘automated,’ ‘autonomous,’ ‘autonomously’ and ‘self-driving’”.

There is an unwritten rule that, when writing standards, you never use synonyms. The moment you use synonyms you ask people to start trying to define the difference. If you have a good, simple concept, it should have one label in any regulation. It makes the writing very boring, because there is so much repetition, but it makes it unambiguous. I am afraid that this document is somewhat ambiguous because of the various terms that it uses for the same concept.

[Lord Davies of Gower (Con)]

My Lords, I thank noble Lords for their contributions. The amendments in this group concern the day-to-day operation of the regulatory framework.

Amendment 40, tabled by the noble Lord, Lord Liddle, refers specifically to incidents in which the technology of a self-driving vehicle is at fault. In such a situation, it would be for the in-use regulatory scheme to determine whether regulatory sanctions were appropriate. Criminal penalties would also apply if the authorised self-driving entity had failed to disclose relevant safety information. Separately, a statutory inspector may also conduct an independent safety investigation. The statutory inspector is then responsible for publicly reporting on safety lessons and making recommendations for improvement. These reports would include the failure in vehicle technology and any other causation factors.

The amendment therefore confuses the role of a statutory inspector with that of the in-use regulatory scheme and the police. In doing so, it inadvertently contravenes a long-standing fundamental principle in incident investigation: learning, not blaming. In developing the inspector role, we have been guided by international standards, best practice and precedent, including that established by our own exceptional existing transport accident investigation branches. All three of these branches conduct no-blame investigations.

I have similar concerns that his Amendment 41 also risks departing from established precedent in safety investigation. An inspector must be able to report neutrally and factually without being influenced, directly or indirectly, by any person or organisation. Historically, this has extended even to Parliament. Indeed, none of the reports published by the existing air, maritime, and rail accident investigation branches are required to be laid before Parliament. However, I am happy to reassure the noble Lord that it is absolutely the Government’s intention to make all the inspector’s reports, findings and associated recommendations publicly available on GOV.UK, as is the case for the existing branches.

I confirm that specific testing for self-driving vehicles will be considered for inclusion in the MoT. Naturally, this will need to be an evolutionary process, developed in line with the introduction of the technology. The MoT will continue to play an important role in ensuring the ongoing maintenance and roadworthiness of the vehicle. However, we will not depend on it to ensure that self-driving vehicles drive safely. Authorisation places the obligation on the authorised self-driving entity to ensure that its vehicles continue to satisfy the self-driving test. The Bill grants powers to set requirements, secure information and issue sanctions as necessary to ensure that this is done. The review proposed in Amendments 25 and 59 could therefore unnecessarily delay the implementation of Bill.

On the noble Baroness’s specific question, in the event of an authorised self-driving entity ceasing trading, safety must be the priority. It would not be right for a vehicle to drive itself without someone taking responsibility for how it behaves. Given that this market is still emerging, there is much that we do not know about future ownership models and what consumer protections will therefore be needed. However, I can confirm that the important issue of the handling of ASDEs’ insolvency will be considered, following consultation, as part of establishing financial and good-repute requirements for authorisation.

Automated Vehicles Bill [HL]

Debate between Lord Davies of Gower and Lord Tunnicliffe

Committee stage
Wednesday 10th January 2024 Lords Chamber

[Lord Tunnicliffe (Lab)]

My Lords, we on these Benches have no amendments in this group, largely because the area is so complex and we cannot rustle up anybody bright enough to understand it—I wish I had got a good lawyer. Hence, I would like to thank the noble Baronesses, Lady Bowles, Lady Brinton and Lady Randerson, for making the subject so interesting and explicit. The closest I got to this area was trying to read the whole Bill, which I staggered through over Christmas. I kept coming across these various little phrases, including the one about such a weak defence for giving away my data. I really feel that the three Baronesses have a very strong point. I look to the Government not to dismiss it because they were told to give no points away but to take it back and discuss with the noble Baronesses how this Bill can be improved. It is a horrible precedent to see data handled so loosely and in such a cavalier manner.

[Lord Davies of Gower (Con)]

My Lords, once again I thank noble Lords for their contributions. I begin with Amendments 29, 34 and 42, tabled by the noble Baroness, Lady Bowles of Berkhamsted. The protection of personal and commercial data is of course a critical issue and one that requires careful consideration. On Amendments 34 and 42, all information collected and shared under Clauses 42 and 88 is subject to restrictions on unauthorised use, breach of which constitutes an offence. Where personal data is collected, this is also subject to data protection legislation. This information can be disclosed or used only for the purposes specified in the regulations made under each respective clause.

As set out in our policy scoping notes, this is a novel policy area, and it is not yet known exactly how information may need to be used or shared. However, as the examples in the notes illustrate, this is likely to be for public interest purposes such as road safety or improved passenger services. On the basis that information sharing will be proportionate and in the public interest, a requirement to pay commercial compensation would be inappropriate.

To further support data protection, the Government will be considering the recommendations by the Centre for Data Ethics and Innovation, in its report Responsible Innovation in Self-Driving Vehicles. These include a recommendation to work with the Information Commissioner’s Office to issue guidance on how data protection obligations apply to self-driving vehicles.

On Amendment 29, all information required to be shared under Clause 14 will be subject to the requirements and safeguards of data protection legislation. The Bill does not change these protections. This information will be used for regulatory purposes to ensure the safe and legal operation of self-driving vehicles. It will also be used to determine criminal and civil liabilities associated with the use of these vehicles. Again, these purposes are proportionate and in the public interest. Businesses will be aware of the regulatory requirements for information sharing prior to seeking authorisation or licensing, and the information will be subject to these obligations from the outset. There would therefore be no expectation that it could be treated as commercially confidential information which holds a market value.

I turn to Amendment 31. The department does not notify entities when using information obtained under an investigation and used in the public interest— for example, to improve road safety. In the case of Clause 22(2), the information would be used for

“any of the investigative purposes in relation to any regulated body”.

These purposes aim to ensure the continued safe and legal operation of self-driving vehicles, and are therefore in the public interest.

The amendment would place an additional administrative burden on the Secretary of State that brought minimal benefit to the regulated body in question, as the investigative purpose would continue none the less. In the case of a regulatory issue being identified, the body would be notified by the appropriate regulatory action, such as a compliance notice. This would then allow the regulated body to challenge the use of information by representations under paragraph 5 of Schedule 1.

On Amendment 21, tabled by the noble Baroness, Lady Brinton, I recognise that she made a characteristically incisive series of detailed points on these issues. I will be happy to meet with her, in addition to the separate meeting we have scheduled on accessibility, to have a fuller discussion on her questions, and I extend the same invitation to other noble Lords.

We believe it is right that the protection of personal data will be considered alongside the detailed development of authorisation requirements—it is an important issue. These requirements will be set out in secondary legislation and will be subject to consultation and impact assessment. The schemes referred to in the amendment are industry led and therefore not within the control of government. There is therefore a risk that they would not achieve the intended result.

On Amendment 35, it is the role of the Information Commissioner’s Office to regulate on data protection issues. The ICO has an existing obligation to report annually to Parliament on the commissioner’s activities. Any report by the Department for Transport would risk duplicating this work. The Department for Transport is also not the data controller for information collected by regulated bodies, which means that such reporting would be inappropriate. Further, the Secretary of State already has a duty under Article 36(4) of the UK GDPR to consult the ICO on proposals for legislative measures. Amendment 36 therefore duplicates an existing requirement.

On Amendment 55B, the Information Commissioner’s Office is the independent regulator responsible for upholding information rights in the public interest. Given its role as a whole-economy regulator, it would be unnecessary and duplicative to establish a separate third-party body, with the same expertise, to oversee the use of personal data by self-driving vehicles.

I turn to the proposal that Clause 42 be removed. Clause 42 contains provisions that constrain the use and disclosure of information obtained through the regulatory framework. The removal of these provisions would open up the possibility of personal data being processed in a much wider manner, such as for reasons of “legitimate interest”. This would amount to a weakening of the data protections in the Bill.

On the points raised about national security, whole-life cyber resilience will be tested as part of the approval processes. The UK has co-chaired the UNECE group developing standards in this area, and government is working with colleagues in the National Cyber Security Centre and the National Protective Security Authority on these issues.

Finally, on the point regarding the protection of personal data when selling a vehicle, in cases where manufacturers and supporting services store data outside the vehicle, all relevant data protections will need to be met. If a vehicle user has given access rights and connections to personal information, it is the responsibility of the user to delete the data from the vehicle. Indeed, this is the same approach as that applied to devices such as mobile phones, which contain similarly large quantities of sensitive data. I ask noble Lords not to press their amendments on this.

[Lord Davies of Gower (Con)]

I thank the noble Baroness for that. She raised a number of important points that I have perhaps not addressed fully, and I would be very happy to go back and write to her comprehensively on a couple of them.

[Lord Tunnicliffe (Lab)]

Will the Minister copy that to those who have been involved in the debate?

[Lord Davies of Gower (Con)]

I omitted to say that I will copy in all those noble Lords.

Automated Vehicles Bill [HL]

Debate between Lord Davies of Gower and Lord Tunnicliffe

Committee stage
Wednesday 10th January 2024 Lords Chamber

[Lord Tunnicliffe (Lab)]

I am not sure I heard the Minister. Did he say that, of the three tests that the Low Commission proposed, the Government’s test of “better than average” was the highest standard?

[Lord Davies of Gower (Con)]

What I said was that, naturally, I believe our ambition is the right one. As the noble Lord himself touched on, it is the highest of the three standards consulted on by the Law Commission. It gives a straightforward—

[Lord Tunnicliffe (Lab)]

I am sorry to interrupt, but the Law Commission, in the next paragraphs, says that the “competent and careful driver” test is the highest standard, not the Government’s aspiration of at least on average. We can leave it for now, and the Minister can write to me with an apology, or I can write to him with an apology, if one of us is wrong.

[Lord Davies of Gower (Con)]

With respect to the noble Lord, I think there is a misunderstanding here and he thinks that we have picked the average. Perhaps we can clarify that with him at a later date.

To continue, it gives a straightforward, publicly understandable indication of the level of safety that the Government are looking to achieve through the more formal mechanisms we are establishing in the Bill. However, to incorporate this language as proposed would, once again, override the principle established by the Law Commission—in other words, that the appropriate level of safety is ultimately determined by public acceptance of the risk, and that the safety standard should be set out in statutory guidance. That then allows the standard to be evolved as necessary on the basis of consultation.

I add that the wording of the amendment would appear to require a standard even higher than that of the safety ambition. While I know that this is well-intended, we must also be mindful of the risk of stifling genuine near-term safety improvements by setting an unnecessarily stringent target early on.

Amendment 12, tabled by the noble Lord, Lord Tunnicliffe, looks to make the statement of safety principles subject to the affirmative procedure. While we acknowledge the arguments that he puts forward, it is the Government’s view that the Highway Code remains the most salient precedent for the safety principles. It follows that a negative procedure, comparable to that applied to the Highway Code, is most appropriate in this instance.

Turning to Amendment 8, the use of the phrase “significantly better” is, again, open to interpretation and risks introducing ambiguity. More pertinently, the second part of the amendment, tabled by the noble Lord, Lord Hampton, looks to ensure that improvements in road safety apply to all road users. The noble Lord, Lord Liddle, and the noble Baroness, Lady Bowles of Berkhamsted, also look to explore a similar point in Amendments 6 and 7. I can confirm that, just as in the Highway Code, the current reference to road safety already applies to all road users. Similarly, it is established that “road” encompasses pavements and similar areas; road safety is therefore not strictly confined to incidents occurring on the carriageway itself.

On the specific comments from the noble Baroness, Lady Bowles of Berkhamsted, all vehicles subject to authorisation as self-driving vehicles must be intended or adapted for use on roads. Although private driveways are mostly out of scope, the authorisation can recognise use in places other than roads, as referenced in Clause 4(4). The use of vehicles on private land is covered by other legislation.

Returning to the issue of equality and fairness, I can confirm that it will of course be explicitly considered during the development of the statement of safety principles. The granting of self-driving authorisations will also be subject to the public sector equality duty, and we intend to make an assessment of fair outcomes part of the authorisation process. I believe that the remainder of Amendment 6 is already provided for by Clause 1, which specifies that the assessment of a vehicle against the self-driving test must refer to

“the location and circumstances of … intended travel”.

A further reference in Clause 2 is therefore unnecessary.

On Amendment 10, we already envisage that the statement of safety principles will reflect the simultaneous presence of both self-driving and conventional vehicles. Indeed, this is implicit in the requirement set out in Clause 1(3). However, we also wish to preserve flexibility for the principles to cover scenarios where only automated vehicles are present. The amendment would preclude that option.

On Amendment 2, in the spirit of the initial comments by the noble Lord, Lord Tunnicliffe, I begin by offering a brief clarification. His comments slightly confused the concepts of a no-user-in-charge vehicle and a user- in-charge vehicle. A no-user-in-charge vehicle can complete a whole journey in self-driving mode, and any human in the vehicle is merely a passenger; it will never need to hand back control. A user-in-charge vehicle can complete only part of a journey in self-driving mode, so a human will be expected to take control of the vehicle to complete the journey. The Bill requires that this person be in the vehicle and in a position to assume control; for virtually all current use cases, that will mean being in the driving seat. However, there may be some future use cases and designs—perhaps in larger vehicles, such as buses—where control could be exercised from multiple places within the vehicle.

The amendment, as drafted, would allow for human-controlled vehicles to be considered autonomous, provided that the human did not sit in the driving seat. One of the key concepts of the Bill is that liability should be transferred away from the human driver when a self-driving feature is engaged. It would clearly be inappropriate to do that in a situation where a human still exercised control over the vehicle, regardless of their physical location.

Finally, I will briefly address the question from the noble Lord, Lord Berkeley, about drivers under the influence. The Bill is clear that the user-in-charge immunity does not extend to the condition of the driver. The person acting as the user in charge in a vehicle could therefore be prosecuted for being under the influence in the same way as a conventional driver. This makes sense, considering their responsibility to resume control if directed to. As I have said, when a no-user-in-charge vehicle is driving itself, everyone in the vehicle is considered simply a passenger. Just as for passengers in conventional vehicles, there is no requirement that those individuals be in a fit state to drive. On that basis, I respectfully hope that the noble Lord, Lord Tunnicliffe, will see fit to withdraw Amendment 2.

[Lord Tunnicliffe (Lab)]

I thank the Minister for his response. I shall read it with enormous care. Perhaps we will have to meet in order to achieve a common view. With that, all that formality requires is for me to beg leave to withdraw Amendment 2.

Refurbishing Trains: Contracts

Debate between Lord Davies of Gower and Lord Tunnicliffe

Tuesday 12th December 2023 Lords Chamber

[Lord Tunnicliffe (Lab)]

Alstom’s Litchurch Lane factory in Derby has provided high-skilled jobs for generations, but uncertainty over the UK rail industry and the lack of long-term strategy means that those workers are now in jeopardy. The workers are a national asset. People are one of the scarcest assets in this country; an asset that must be looked after to preserve the capability to lead to long-term growth.

Last Thursday, the Rail Minister in the other place, Huw Merriman, said:

“We will be doing everything we can to assist Alstom in keeping that plant open”.—[Official Report, Commons, 7/12/23; col. 486.]


That is a very hard, precise commitment. Can the Minister tell us what action the Government have taken in the light of that promise?

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

My Lords, we have been actively involved in discussions with Alstom for several weeks on this matter and have held frequent meetings with the company to look at options around its production gap. We will continue to work with Alstom. A cross-departmental task force has been established and officials are meeting Alstom regularly to discuss how best to support employees at risk of redundancy.

Aviation (Consumers) (Amendment) Regulations 2023

Debate between Lord Davies of Gower and Lord Tunnicliffe

Wednesday 6th December 2023 Grand Committee

[Lord Tunnicliffe (Lab)]

My Lords, these regulations establish rules relating to compensation and passenger assistance in the event of denied boarding, cancellation or long delays. The instrument maintains the status quo and aims to offer clarity, following multiple legal challenges. We therefore do not oppose its introduction. Indeed, I thank the Government for bringing forward these regulations.

However, why are we debating these regulations today? As the Joint Committee on Statutory Instruments pointed out, the instrument is within the scope of the negative procedure, so Ministers have decided that the alternative is more appropriate. Can the noble Lord elaborate on this?

Turning to the measures contained in the regulations, I note that their main purpose is to remove ambiguity rather than set new policy. Will the Minister explain which cases these clarifications relate to?

Will the Minister elaborate on the issue of extraordinary circumstances a little more? At first I thought the definition in the instrument was pretty clear, but a number of people have since commented that it is not as clear as it looks and anything that he can add will be helpful. On the drafting process, can the Minister explain what informal consultations took place to prepare this instrument? While I understand that no review clause is required as it is made under the REUL Act, will the Minister explain how the department will monitor its implementation? Given that the Minister in the House of Commons was unable to answer this point, will the Minister say whether the tariffs referenced will be subject to inflationary increases?

Somewhat at the last minute, I picked up recent rumours that some airlines have reacted to the requirement to pay this tariff by substituting vouchers—indeed, in some cases vouchers with expiry dates—instead of cash. That does not seem to be within the spirit of the regulations. Given that the essence of this instrument is to clarify the situation, I would value the Minister’s comments on this. Do the Government believe these rumours are true? If they are, does this instrument in any way help? If not, will he address the issue and go to what I think is the implied standard, which has to be pure cash? I hope the Minister can provide clarity on these points.

[Lord Davies of Gower (Con)]

My Lords, I thank noble Lords for their contributions to this debate, in which issues that are to some extent technical have been raised.

I will start by responding to the issues about Cardiff Airport raised by the noble Lord, Lord Jones. I well remember Cardiff Airport being taken under Welsh government control. At the time, I was a member of the then National Assembly for Wales. There were sceptical views about it at the time, but the Welsh Government have taken it on and still own it. Indeed, we all wish it well, but it has gone through some difficulties and has been supported financially by the Welsh Government. In answer to his question on cancellations, consumer feedback and access to the airport, I do not have that information to hand, so I will have to come back to him in writing. The Welsh Government will be responsible for a lot of it.

The Government have strong relationships with Airbus UK, for obvious reasons, but more than that I cannot say at the moment.

I thank my noble friend Lord Jackson for his remarks. The instrument is about maintaining current consumer protection for air passengers. The Act’s powers were not considered the appropriate vehicle to undertake a full review of regulation 261/2004. However, the Department for Transport committed to consult further on compensation and payment frameworks for flight disruption in its response to the aviation consumer policy reform consultation. This is a complicated area of law, and any potential reform requires careful consideration and consultation with the European Union under Article 438 of the trade and co-operation agreement.

It was not considered necessary to codify any other EU case law principles, beyond those identified. The four principles restated in this instrument have been identified as necessary to be codified in order to maintain the status quo for consumer rights in relation to flight disruptions—that is, for denied boarding, flight cancellations and long delay. In interpreting retained consumer aviation EU law in the UK, the courts are likely to adopt a purposive approach. This means that the courts will consider the intended purpose of the regulation, rather than solely relying on the literal meaning of the words.

A question came up on consultation. The department has committed to further consultation on regulation 261. I think another question came up from one noble Lord on air traffic management. That is very fact-specific and I cannot at this moment provide specifics in respect of the legislation.

Going back to the retained EU law Act, its powers operate on assimilated law, while restatements such as those that this instrument makes are not assimilated law. Once the instrument is made, any further amendments to the regulation on these precise topics would therefore require primary legislation. It may be possible for certain retained EU law Act powers to be used to further codify assimilated EU case law, in the event that further principles, separate to those in this instrument, are identified as requiring codification. However, it is not considered necessary at this time to codify any other principles of EU case law relating to regulation 261/2004.

Noble Lords asked about informal consultations. We have had sessions with industry and consumer groups on this.

Perhaps I could just cover the consequences of not making this instrument. If it is not made, there would be a reduction in the protections available to consumers when travelling by air under UK law after the end of 2023. For example, UK courts would be more likely to find that passengers subject to long delays—that is, a delay of three hours or more in reaching their final destination—would not be entitled to compensation. Such a reduction in consumer protections would not only be an unacceptable policy but risk breaching the shared objective under Article 438 of the trade and co-operation agreement to achieve a high level of consumer protections for air travel.

I know that some other more technical questions were asked, which I will certainly look at and write on. The noble Lord, Lord Tunnicliffe, brought up a couple of questions which I am not able to answer at the moment, but I will certainly look at them and write to him.

[Lord Tunnicliffe (Lab)]

I wonder whether the noble Lord could adopt the convention that when he writes to one of us, he copies in everybody who has been part of this debate. I do not know whether he has ever tried to retrieve a document from the Library, but it is an uphill battle.

Merchant Shipping (Counting and Registration of Persons on board Passenger Ships) (Amendment) Regulations 2023

Debate between Lord Davies of Gower and Lord Tunnicliffe

Monday 4th December 2023 Lords Chamber

[Lord Tunnicliffe (Lab)]

My Lords, often described as the lifeboat of the UK economy, the merchant shipping industry plays a pivotal role in ensuring the smooth running of people’s day-to-day lives, aiding the transition of goods and ships while supporting over 180,000 jobs in the UK, according to the Centre for Economics and Business Research. On the global scale, the industry facilitates the economy through the wider supply chain, supporting the running of 680,000 jobs.

According to the Office for National Statistics, looking solely at shipping, the sector contributed £6 billion to the economy in 2020, accounting for 19% of the transport industry. I am pleased to share my support for the merchant shipping industry and the introduction of the necessary regulations, which have been long awaited. This instrument will update and modernise the 2021 regulations, implementing corrections in the light of mistakes existing in the earlier legislation. Further, it postpones the deadline for all ships in UK waters to report data on the persons on board by two years.

Subsequently, from 2025, UK-flagged passenger ships, wherever they are located, and passenger ships within UK waters, will have to use an electronic method to report information regarding passengers on board. Search and rescue authorities will then quickly have access to essential information needed in the event of an emergency. This will reduce the loss of, and the risk to, lives at sea.

I therefore empathise with and support my noble friend’s Motion. Indeed, these highly significant regulations are welcome and long overdue. Further, I understand his concerns relating to the inadequate protection for passengers travelling on non-passenger ships. I am pleased that the House has the opportunity to discuss these protections today.

I would like the Minister to provide clarity on three central concerns. First, how did the Government learn of the mistakes in the 2021 regulations and what would be the consequences if they were not corrected? Secondly, given the postponement, how have the Government calculated that there will be no safety risk? Is the Minister not concerned that prolonging its implementation will only prolong the safety risk? Finally, given that the Explanatory Memorandum notes that the consultation on these changes received only seven responses, can the Minister explain the consultation process a little more? Is he satisfied that the results are credible, given how few responses were received?

To support the UK’s global position as a great trading nation, as well as a healthy and thriving economy, is to support the merchant shipping industry. I am positive that this instrument will play a vital role in the future of the industry by strengthening safety protections, and I therefore welcome its laying before the House.

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

My Lords, I thank noble Lords for their consideration of these regulations. I will try to respond to the specific points raised. I must confess that I find this quite a technical issue and subject matter. Where I cannot answer questions this evening, I undertake to write on specific points to noble Lords.

The Motion mentions the delay in the introduction of these regulations. They are not part of the maritime backlog and are therefore not late in that context. The regulations were made in 2021 and implemented the latest EU directive on persons data obligations, including a deadline for the electronic reporting of data, and placed additional restrictions on exemption powers. We have progressed the changes requested by the Joint Committee on Statutory Instruments in the 2021 regulations with much urgency. However, for reasons of efficiency, we have used this legislative vehicle to also take forward some post EU exit opportunities, which do not reduce safety standards and go some way to relieving the pressures on operators—namely, a postponement on electronic reporting obligations and the addition of flexibility to the exemption provisions. This allows the Secretary of State, through the Maritime and Coastguard Agency, more discretion to implement the regulations pragmatically.

The noble Lord, Lord Berkeley, raised some interesting issues. He questioned why the person-counting obligations do not also apply to non-passenger vessels. Non-passenger vessels that normally carry only crew are accounted for by their operators, who hold all the necessary detail required for an emergency search-and-rescue operation. The few ships that routinely carry passengers but carry fewer than 13—and therefore are not defined as passenger ships—are generally much smaller, and the application of these obligations would be disproportionate for these small vessels. This approach is the recognised one in the international maritime community.

Disabled Air Passengers

Debate between Lord Davies of Gower and Lord Tunnicliffe

Monday 4th December 2023 Lords Chamber

[Lord Davies of Gower (Con)]

I am grateful to the noble Baroness for her Question and congratulate her on the debate that we had last week. I know that my predecessor hosted a round table on aviation accessibility on 28 June this year. The round table was well attended by disability experts and people with lived experiences, and of course staff training was one of the issues that came up. There was a clear indication of issues with the quality of disability awareness training for staff. So, yes, I would be very happy to meet the noble Baroness.

[Lord Tunnicliffe (Lab)]

My Lords, the Government have previously referred to a range of legislative reforms when parliamentary time allows to support disabled air passengers. Will these be introduced before the next general election? If the Minister cannot give that assurance, does that represent the priority that the Government give to this issue?

[Lord Davies of Gower (Con)]

I thank the noble Lord for his question, but I am afraid that I cannot give an answer to that as I stand here. It is above my pay grade to decide what the legislative business will be for the rest of this year.

Battery and Hydrogen-powered Aircraft

Debate between Lord Davies of Gower and Lord Tunnicliffe

Thursday 30th November 2023 Lords Chamber

[Lord Davies of Gower (Con)]

My noble friend is absolutely right. Civil aviation and the Royal Air Force are making combined efforts to reduce emissions with technology.

[Lord Tunnicliffe (Lab)]

My Lords, the Hydrogen in Aviation alliance has indicated that Britain is well placed to become a global hydrogen aviation leader, stimulating the economy and providing 100,000 jobs. The alliance announced that this would require a 10-year funding commitment. History shows that the level of continuity required to achieve an entirely new fuel requires state funding as part of any alliance. How much real government money is being put into this project?

[Lord Davies of Gower (Con)]

The Department for Business and Trade supports research and development in UK aerospace manufacturing through the Aerospace Technology Institute. It is a competitive process through which industry can access match funding from government to develop technologies. The programme is set to run until at least 2030, and as part of the advanced manufacturing plan announcement on 17 November, His Majesty’s Treasury confirmed that £975 million of government funding will be provided as part of a £4.5 billion total package for manufacturing between 2025 and 2030. That is in addition to the £685 million from the Government between 2022 and 2025.

Public Service Obligations in Transport Regulations 2023

Debate between Lord Davies of Gower and Lord Tunnicliffe

Monday 27th November 2023 Lords Chamber

[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.

Low-traffic Neighbourhoods

Debate between Lord Davies of Gower and Lord Tunnicliffe

Tuesday 21st November 2023 Lords Chamber

[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.

Air Traffic Management and Unmanned Aircraft Bill [HL]

Debate between Lord Davies of Gower and Lord Tunnicliffe

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

[Lord Tunnicliffe]

Could I interpret that as the noble Lord agreeing with me?

[Lord Davies of Gower]

I am disagreeing.