Road Transport (International Passenger Services) (Amendment) Regulations 2024
Lord Empey Excerpts(3 weeks, 4 days ago)
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Baroness Randerson (LD)
My Lords, I thank the Minister for his detailed introduction. There is a long background of negotiations on this legislation. The Explanatory Memorandum says that this SI
“will in effect maintain the status quo”—
that status quo was very hard fought in the days after the Brexit referendum. We have spent many hours in this Room debating the fallout from the detail of that situation.
Paragraph 5.4 of the Explanatory Memorandum says that the instrument will
“update the UK’s domestic … legislation by removing assimilated EU legislation”
on road passenger transport. Of course, UK bus and coach operators will continue to operate within the context of the framework of EU and international legislation generally. As the Minister said, there are three types of commercial bus and coach services: the occasional, the regular and the special regular services carrying specified categories of passengers, such as pupils.
It is good news that there is now a right for bus and coach operators to transport passengers through the EU to Moldova and Bosnia and Herzegovina. Are new signatories to the agreement likely to come on stream in future? This is a fairly limited market as it stands.
The key change in this SI relates to cabotage—the carrying of passengers in the UK by foreign-based operators. Paragraph 5.10 of the EM explains that international operators participating in the UK
“are currently permitted to undertake cabotage”
under assimilated EU law. This right is being removed. My second question is: how many services, roughly, are affected by this? How common is the operation of cabotage by EU operators? I assume that the answer is that it is not very common, because one thing that slightly surprised me was the fact that there was no consultation on this SI. I declare my interest as a member of the Secondary Legislation Scrutiny Committee. Is this an important new right, or is it a marginal benefit?
As always, it is in Northern Ireland that the really intractable questions arise, following the Brexit vote and its implications. I am pleased that Northern Ireland operators will be able to operate cabotage within the island of Ireland, and vice versa. That is the only logical thing to do. I recall that, a few years ago, when I was a member of the EU sub-committee, we took evidence from a bus operator—although not in relation to this specific issue, of course. The bus operator said that his scheduled service crossed the border 13 times from one end to the other. The proposal at the time, from some enthusiastic Brexiteers, was that Britain should flex its muscles post Brexit by changing our clocks in the spring and the autumn on a different day from the EU. Businesses in Northern Ireland, and indeed in the Republic of Ireland, were very exercised by the practical issues, and the bus operator pointed out how impossible his timetable would become if we operated in a different way with time zones.
This is possibly not an SI of the greatest significance, but it is nevertheless one to be welcomed because of the common-sense approach in relation to Northern Ireland and the fact that British operators will now be in the same commercial position as EU operators for cabotage.
Lord Empey (UUP)
My Lords, I have a question for the Minister about this generally positive instrument. It is about electronic travel authorisation. If a bus comes from Great Britain to the Republic and into Northern Ireland, electronic travel authorisation will be required, as I read it. Can the Minister confirm this? Many of us see this as a disincentive and an obstacle to tourism. People visiting Ireland from outside the EU and from outside Ireland need, as I read it, electronic travel authorisation to come into Northern Ireland—that is effectively a visa. Can the Minister confirm that? If he does not have the information available, he can write.
Lord Moylan (Con)
My Lords, I thank the Minister for arranging a helpful briefing with his officials this morning. This is, I imagine, one of those very rare occasions where I find myself more in sympathy with the proposal from the Minister than with the speech from the noble Baroness, Lady Randerson, who seemed determined to reopen all sorts of arguments about Brexit and who did what when.
This is, in my view, a sensible and necessary disentangling of our laws from the pernicious effect of EU legislation, so that we stand on our own feet with our own laws, making international agreements—such as the Interbus agreement—and adhering to, and adopting, in this case, its protocol relating to these coach services, which the Minister spelled out in considerable detail, with great clarity for such a complex subject.
The impact assessment for this instrument says that it has no impact and that that is the reason for not having any consultation. I welcome that; we should have more laws that have no impact. Most of the laws that set out to have an impact seem to have only perverse impacts and do not achieve what they are intended to at all. This one is deliberately intended to have no practical impact—with one exception that I will return to—because it seeks to maintain the existing situation but translate it into domestic law. As I say, this is not only desirable but necessary because the provisions of the TCA under which it operates will effectively expire at the end of March next year, as the other foreign parties join the Interbus agreement. So, on the whole, we welcome this instrument and are happy to support it.
On cabotage, it is of course possible—as the noble Baroness, Lady Randerson, said—that there is some diminution of immunity to British travellers as a result of that. The Minister has been asked a question, and I certainly do not know the answer to it, but he may. It is possible that certain services currently operating start in, say, Paris and go to Edinburgh, stopping along the route, collecting passengers and dropping them off. Those services will no longer be able to operate in that fashion—picking passengers up and dropping them off along the route—once these provisions come into effect, which in practice will be on 1 April next year. As I say, that could constitute a diminution in services.
However, it is interesting that the noble Baroness focused on that, because the counterpart to that is that British coach operators will not have those cabotage rights in the European Union. I would have thought and hoped that the Liberal Democrats would be more interested in promoting the interests of British coach operators travelling abroad than protecting the business model of foreign coach operators operating in the UK. However, that appears not to be the case: her focus is on the latter—she did not mention the others at all.
Flight Cancellations
Lord Empey Excerpts(1 month, 3 weeks ago)
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Lord Hendy of Richmond Hill (Lab)
The noble Lord will know that the air passenger duty on domestic flights was reduced quite recently to a relatively modest level. The Government are entirely committed to good air connections with Northern Ireland and to the promotion of its airports. I do not think that the removal of the duty—which is, in any case, a Treasury matter—would make a lot of difference. We are committed to good regional connectivity and the future prosperity of the airports in Northern Ireland.
Lord Empey (UUP)
My Lords, I, too, was a passenger on the flight on Monday morning that never was. If you looked at the schedules in advance, it was not there. I took up the email at 8.10 am, although fortunately I do not have so far to travel.
On the wider point, however, this is becoming a repetitive issue. We understand operational challenges; we all have them and we all know that it is also from Covid, with the number of staff that were disposed of at the time. However, I brought a Bill through this House twice to guarantee slots for regional airports at Heathrow and it was rejected in the other place on the grounds that we were part of the European Union and therefore it could not be implemented. Now that that is no longer the case, will the Minister look with his department at ensuring that regional connectivity is guaranteed to Heathrow, because that is where the operational hub in the United Kingdom is? It also bears down on the airlines, because these slots are worth millions.
Hauliers
Lord Empey Excerpts(3 years, 9 months ago)
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Lord Empey (UUP) [V]
My Lords, in opening this debate, the noble Lord, Lord Taylor, said that easing friction is in everybody’s interests. I believe that everybody in this Committee would agree with that. However, as other speakers have said, we have exacerbated friction between Great Britain and Northern Ireland, almost to the point at which it is utterly ridiculous. A small piece of earth on the tyre of a vehicle can cause it to be prevented from entering Northern Ireland because it is contaminated with soil from Great Britain.
Groupage issues will be a nightmare for hauliers because, as everybody knows, people build up loads and try to ensure that they can be delivered in small parcels to different people. The paperwork for a pallet on a groupage lorry will be dramatic. Even the Irish Republic is suffering. It can send lorries directly to Europe without crossing Great Britain, but it costs between €600 and €800 extra per lorry. This results in hugely increased costs and empty lorries coming back. It is unacceptable.
Operation of Air Services (Amendment) (EU Exit) Regulations 2020
Lord Empey Excerpts(3 years, 11 months ago)
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Lord Empey (UUP) [V]
My Lords, the Minister in her opening remarks referred to safety. Obviously, when airlines are not flying at normal levels and get in financial difficulty, sometimes safety is short-circuited and maintenance is put off to save money. Perhaps the Minister could tell us how safety is being maintained given these circumstances.
Secondly, I wanted to ask about the difference between what are called “foreign carriers” and “British carriers”. Airlines are owned internationally these days; they are not normally owned by a particular country, and what is a principal place of business is a matter often in the eye of the beholder. I am not quite clear how these arrangements are entered into. The other important point is that they should be reciprocal. How is that going to be rolled out over future years?
My third point, on the PSO, has already been referred to. The Minister will be aware that there are a number in the UK—in Cornwall, I believe, and I know there are others. We certainly have at least one in Northern Ireland. Given that Northern Ireland is still subject to state aid rules, how will the application of PSOs be looked at in terms of the agreement with the European Union? People could argue that unfair advantages are being given if PSOs are designated in particular areas; and of course, there is also our concern for the social and economic development of more remote regions. Perhaps the Minister could tell us how these issues will be judged. In Northern Ireland we at least have one operational PSO and are still subject to state aid; where is the interface between that and potential PSO rules in Great Britain?
Airports Slot Allocation (Amendment) (EU Exit) Regulations 2021
Lord Empey Excerpts(3 years, 11 months ago)
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Lord Empey (UUP) [V]
My Lords, I thank the Minister and her officials for arranging a briefing yesterday, which was most helpful. I agree with a lot of the contribution made by the noble Lord, Lord Blunkett. I also support in broad terms the relief from the 80:20 rule, because the last thing we want, for a whole variety of reasons, is to have the sight of airlines undertaking ghost flights to hold on to routes even if they have no current passengers.
A couple of years ago—in fact, on two occasions—I introduced a Private Member’s Bill, which passed the House, to give the Government powers on slot allocation in the UK. Of course, it was governed by European competence at that stage. Slots are not only big business; they have huge implications for connectivity. While this measure does not apply to Northern Ireland airports, because they have capacity, at the end of the day a flight cannot take off unless it has somewhere to land. My anxiety has for years been about the risk from the absence of connectivity between the regions and the principal airports—what are called co-ordinated airports —such as Heathrow and Gatwick. I will return to that, although it is not necessary for this SI, but the principle is clear: if you do not ensure that regions have access to major airports with connectivity, that has economic, social and other implications. I ask my noble friend to bear that in mind.
I also doubt very much that airlines could manage even 20% of the flights on a lot of their slots at present. We had a briefing from one of our colleagues—the noble Lord, Lord Deighton, the chairman of Heathrow —where he pointed out that, in a number of months last year, its passenger flow had dropped by 95%. It is quite obvious that there needs to be as much flexibility as possible. As I understand it—I hope I am right in saying this—these measures will be available to apply in the summer season this year, but further secondary legislation or an approval Motion would have to come through to deal with subsequent seasons if the need arose, and there needs to be data on which to base that judgment. I think I have got that right; perhaps the Minister can correct me if I am wrong.
I broadly support the regulations. We need maximum flexibility at the moment. We need data but, looking forward, we need to bear in mind that it is essential for the key airports to have slot allocations. My anxiety is that when this crisis is over there could be a sudden surge in those airlines—international operators, perhaps —that have resources buying up a lot of the slots from weakened UK airlines and other slot holders. This could have a negative impact on the regions, so I ask my noble friend the Minister to also bear that in mind.
The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)
The noble Lord, Lord Berkeley, has withdrawn so I call the noble Lord, Lord Naseby. We do not seem to have the noble Lord.
Freight Industry: Delays
Lord Empey Excerpts(4 years ago)
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Baroness Vere of Norbiton (Con)
Very briefly on the port infrastructure fund, 41 ports will be getting support. There were bids totalling £450 million and the pot was only £200 million, so some places were disappointed, but Ministers and officials stand by to address concerns.
The Sevington site will open as planned on 1 January to manage traffic, should there be disruption. As always, you would expect the Government to have a plan B, and that is why customs checks will take place at Ashford Waterbrook and transfer to Sevington in due course.
Lord Empey (UUP)
Will my noble friend tell the House what arrangements have been made in ports on the west coast of Scotland and England for the examination of some goods travelling to Northern Ireland? Secondly, given that the infrastructure in Northern Ireland ports for these inspections is not yet complete, what interim arrangements have been made to avoid long delays?
Baroness Vere of Norbiton (Con)
My Lords, as I said, the port infrastructure fund provided funding to 41 ports, and they will be able to put various things in place. Work is ongoing with the devolved Administrations for ports in Wales, and conversations are ongoing with the Northern Ireland Executive to make sure goods travelling across the Irish Sea can do so successfully.
Public Transport: Face Coverings
Lord Empey Excerpts(4 years, 6 months ago)
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Baroness Vere of Norbiton [V]
I think the noble Lord will understand that at present, all Ministers have a close ongoing relationship with transport operators and unions. We are continually having conversations about the sort of measures that may come in in the future. We spoke to the unions about face coverings; indeed, it was the unions that did not want the use of face coverings by transport workers made mandatory. We listened and worked with them to make that the case. Transport operators such as bus drivers often have to turn people away, for example, because of poor behaviour, in which case they might then go on to call the police. It is the same in the case of face coverings; if people create a fuss because they are denied boarding, transport operators will get the police involved. Of course, we speak frequently to the British Transport Police about this matter as well.
Lord Empey (UUP) [V]
My noble friend will be aware that we are negotiating with other countries over air bridges for air transport to and from the United Kingdom. Given that the rules on the wearing of face coverings differ in the various parts of the United Kingdom, how is that matter being reconciled in the negotiations to create air bridges, which I fully support?
Baroness Vere of Norbiton [V]
The noble Lord raises an interesting point. It is obviously a consequence of devolution that the devolved Administrations can make their own rules in this area. However, I am pleased to say that the wearing of face coverings is mandatory in Scotland as well, so there is less confusion there, and their use is advisory in Wales and Northern Ireland. Of course, the wearing of face coverings on aircraft and the reciprocal arrangements with other countries will be an important consideration as discussions on international air bridges continue.
Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020
Lord Empey Excerpts(4 years, 6 months ago)
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Lord Empey (UUP) [V]
My Lords, I thank the Minister for contacting Members about the specific issues they wished to raise today. I understand the rationale for having to ensure that a body of law exists with our departure from the European Union and the replacement within national law of what is currently EU law, but Members will be well aware that an aircraft taking off from Heathrow is barely in the air before it transfers into European airspace. Therefore, the concept of having individual regimes is very difficult. On charges, what will these measures actually cost and how will these additional costs be recovered?
In the Explanatory Memorandum, at paragraph 6.3, reference is made to the devolved Administrations in the United Kingdom and the role that they might play in secondary legislation. Given that aviation is an excepted or reserved matter in the United Kingdom, what role does the Minister envisage these Administrations would play under these circumstances?
We have now got a very complicated arrangement based on different pieces of legislation, including the 2000 Act and incorporating existing EU regulations into UK law. Is her department contemplating bringing together a single piece of legislation with a clear guideline and a clear reference as to what the legal position is, rather than having all these disparate elements, some of which have been absorbed from the EU and others of which have not?
If we are proposing to do something differently—which I have no problem with in principle—can she assure the House that that will not create difficulties for our airline sector, struggling as it is under massive pressure? If there was to be a different regime, would that have implications for cost? Would it have implications for our European colleagues and, indeed, more internationally? Because, just like climate, which is a global issue, aviation is a global issue and there are no red lines in the sky. I would therefore like her to tell the House what the status of the current negotiations with the European Union is and whether she believes we will continue to have free and open access to each other’s skies as we move forward in the next few months.
Flybe
Lord Empey Excerpts(4 years, 9 months ago)
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Viscount Younger of Leckie (Con)
My Lords, there will be plenty of time for Back-Bench questions, and I urge noble Lords to keep them short.
Baroness Vere of Norbiton
My noble friend raises an interesting point, because there is a lot of misconception around what happened in January and what public funds were or were not made available. The conversation in January focused on a number of commitments from the Government, which included a review of air passenger duty, the review of regional services and a time-to-pay agreement, which any business can enter into with HMRC to get through a short-term cash-flow difficulty. Not a single penny of taxpayers’ money was given to Flybe. In return for looking at those things, the share- holders put in additional cash to get Flybe through its operational difficulties. It is those same shareholders who have now concluded that Flybe has no long-term future.
Lord Empey
My Lords, if the normal public service obligation process is used, it will take a long time. Will the Minister consider a short-term use of a PSO to keep some of the critical routes open while negotiations to get long-term operators continue? We have a perfect storm whereby all airlines are suffering because of the virus and because this is a very difficult time of year for them. As has been pointed out, in Belfast between 80% and 90% of the flights are Flybe. There are some critical routes, and we have no alternatives. I appeal to the Minister to bring in a special type of PSO in the short term to keep some of these key routes going while negotiations continue, because many of them will profitable. Also, would she be prepared to meet with me and my colleagues as soon as possible to discuss this?
Baroness Vere of Norbiton
The noble Lord raises an interesting point about PSOs. The Government are looking at all options to restore as many routes as possible. We must also be mindful that wherever we restore routes, we must do so within the law as it stands regarding PSOs.
Baroness Vere of Norbiton
Aviation services are part of the market economy and we would expect the profitable routes to be taken up by other airlines. As I have mentioned, we have had proactive input from a number of airlines looking to service those routes. I can say no more about PSOs. The Government are looking at both the profitable routes and those that may need support, and at all possible options to get them up and running.
Lord Empey
My Lords, the issue of air passenger duty has been raised. I ask the Minister to consult with her Treasury colleagues about it because, in the event of it being devolved to, say, the Northern Ireland Assembly, the difference in revenue created by the reduction in air passenger duty would automatically come out of the Northern Ireland block grant. As the new Executive are at least £600 million short, that would be a huge challenge. Will she consult with her colleagues in the Treasury, pre-Budget, to make that point? It could be a way of opening things up but it would cost the Northern Ireland Executive an awful lot of money that they do not have at their disposal at the present time.
Baroness Vere of Norbiton
I thank the noble Lord for his comments. I will certainly make sure that the Treasury sees them.
Southern Rail
Lord Empey Excerpts(8 years ago)
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Lord Ahmad of Wimbledon
As my noble friend knows, the Government have been taking serious regard of all the concerns that have been raised. My honourable friend the Rail Minister meets with GTR weekly. My right honourable friend the Secretary of State has appointed Chris Gibb to look at the issues which arise between Network Rail and GTR, and his report will come through at the end of this year—at the end of this month. As I said, my right honourable friend the Secretary of State has now written directly to both RMT and ASLEF, asking them to meet with Southern at ACAS, where we hope this issue can be resolved. I agree with my noble friend and with all noble Lords; many in this House and beyond have rightly raised this issue because they are exasperated. That is probably a reflection of the sentiment the Government feel. We are taking major steps to resolve this issue, and I implore all parties, particularly those involved with the dispute, to come forward so that we can tackle the dispute and then the long-standing issues which impact negatively on this line and on many people in the south-east of England.
Lord Empey (UUP)
My Lords, will the Minister consider whether the operators of this service are still fit persons to operate it at all, and will that be taken into account when the franchise comes up for renewal?
Lord Ahmad of Wimbledon
The noble Lord raises the specific issue of the contract. I assure him that when we have directly raised issues about the failures of this line, as noble Lords will be aware, GTR has raised the issue of force majeure. We have now gone further and are looking at each case of force majeure, which impacts on 10,000 separate train lines, and which it raised between April and June of this year, to see whether they stack up. The DfT is currently looking at that report to ensure that, every time that is claimed on that contract, it is looked at extensively and we can respond accordingly. Until we have completed that exercise, we cannot hold GTR in breach, because we have to establish whether the basis for it claiming force majeure is valid.