Airports Slot Allocation (Alleviation of Usage Requirements etc.) Regulations 2025
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Lord Hendy of Richmond Hill
That the Grand Committee do consider the Airports Slot Allocation (Alleviation of Usage Requirements etc.) Regulations 2025.
Relevant document: 12th Report from the Secondary Legislation Scrutiny Committee
The Minister of State, Department for Transport (Lord Hendy of Richmond Hill) (Lab)
My Lords, these draft regulations were laid before Parliament on 4 December 2024 and will be made under powers conferred by the Retained EU Law (Revocation and Reform) Act 2023, also known as the REUL Act. They are an example of the UK making use of the freedom gained from the UK’s departure from the European Union.
This legislation amends Council Regulation (EEC) No 95/93, which sets out the rules for allocation of airport slots. In taking these amendments forward, we are moving ahead before the European Union. Slot allocation rules apply only at what are known as co-ordinated airports, where capacity at the airport is unable to meet demand for slots at those airports. Nine airports are now covered by these rules, including the main London airports of City, Gatwick, Heathrow, Luton and Stansted, as well as Birmingham, Bristol, Manchester and Leeds Bradford.
The regulations will update the definition of a new entrant air carrier—or airline, as most of us would refer to it—for slot allocation purposes. This will allow air carriers with a small presence at a co-ordinated airport the opportunity to benefit from greater priority in the allocation of airport slots from the slot pool, prior to the start of the summer or winter scheduling seasons. This change not only aligns UK regulations with international guidelines but has the potential to provide more choice for consumers in terms of routes, destinations and the carriers they can fly with.
In addition, the regulations will amend assimilated EU law to enable the UK to respond in the event of a pandemic, epidemic or other outbreak of disease, such as was experienced during the Covid-19 pandemic. It will remove the need for emergency legislation to provide alleviation from slot usage rules, as was the case during the Covid-19 pandemic, in order to protect consumers, the environment and the aviation sector.
Noble Lords will be aware that co-ordinated airports are the UK’s busiest airports and that gaining a slot at them can be a challenge. It is not uncommon for air carriers to have to spend several years on the waiting list before being allocated a slot. Added to this, the current new entrant definition restricts new entrant carriers from being able to obtain enough slots for the number of daily rotations necessary to make a route commercially viable. Pursuing the necessary number of slots results in them losing their new entrant status and the benefits that come with it.
This hampers competition, which is why my department wants to update the definition of a new entrant. This seemingly small change is the difference between a new entrant air carrier being able to successfully establish and maintain a service and having to give up after a few years. The revised definition of a new entrant also brings the UK’s legislation in line with the Worldwide Airport Slot Guidelines, which provide the air transport industry worldwide with a single set of standards for the management of airport slots at co-ordinated airports.
Regulation 95/93 sets out that air carriers must operate their airport slots 80% of the time in order to retain the right to those same slots the following year. This is known as the 80:20, or the “use it or lose it”, rule. Under normal circumstances, the 80:20 rule helps encourage the efficient use of airport capacity while allowing air carriers a degree of flexibility in their operations. However, throughout the Covid-19 pandemic, the 80:20 rule was waived to avoid environmentally damaging and financially costly flights with few or no passengers—so-called ghost flights. Using powers afforded to the Government in the Air Traffic Management and Unmanned Aircraft Act 2021—known as the ATMUA Act—a full waiver from the 80:20 rule was initially provided. However, as the industry recovered from the pandemic, usage ratios and other measures set out in that Act were amended, allowing a managed return to business-as-usual operations as demand for aviation recovered.
Due to the unpredictability of the Covid-19 pandemic, the powers granted under the ATMUA Act were necessarily time-limited; they expired in the summer of 2024. However, the experience of Covid-19 has shown that a permanent provision for slot alleviation relating to a pandemic, epidemic or other outbreak of disease is needed. This is to provide a means by which a collapse in aviation demand because of an event of a similar magnitude to Covid-19 can be managed as part of normal operations by the UK’s airport slot co-ordinator. Without this provision, if a health crisis similar to Covid-19 were to occur, the Government would need to bring forward further primary legislation, as was done through the ATMUA Act, in order to enable alleviation from the 80:20 rule.
Turning to the content of the statutory instrument, this draft instrument will amend Regulation 95/93 to change the definition of a new entrant carrier. The purpose of the new entrant rule is to stimulate competition. New entrant carriers are given priority in the allocation of slots, as the regulation requires that 50% of slots shall first be allocated to new entrants unless the requests made by new entrants are less than 50%. Currently, an air carrier is a new entrant if it has fewer than five slots at an airport on a given day. Under this instrument, a new entrant is defined as a carrier that holds fewer than seven slots at an airport. The update to the new entrant rule is designed to enhance the presence of new entrant carriers at slot co-ordinated airports.
As I said, the instrument will also build on previous regulations that provided carriers with slot alleviation during the Covid-19 pandemic by introducing a permanent provision for carriers in order to obtain slot alleviation where there are government-imposed measures relating to a pandemic, epidemic or other outbreak of disease, provided that certain conditions are fulfilled. This will put in place a much simpler process by which an event such as Covid-19 can be managed for slot co-ordination purposes.
In conclusion, in this instrument, the Government have recognised the need to update the definition of a new entrant and to provide additional reasons for allowing alleviation from slot usage rules in order to protect the aviation sector from the potential impact of another pandemic occurring, however remote that possibility might or might not appear. The provisions in the instrument were subject to consultation with the aviation sector in 2023 and received strong support from across industry. The Secondary Legislation Scrutiny Committee flagged these regulations as an instrument of interest but did not make any adverse comments. The Joint Committee on Statutory Instruments did not report this instrument. I hope that noble Lords will join me in supporting these measures. I beg to move.
Lord Kirkhope of Harrogate (Con)
My Lords, I want to make a shortish contribution. First, in general, I welcome these proposals. I declare my interest as a former director of Newcastle Airport, which is of course not on the list of co-ordinated airports because of the lack of congestion—I think that is the term used. I am also a private pilot so I have a particular interest in the way in which this interesting phenomenon of slots has developed over the years.
It seems to me that, in terms of their balance sheets, quite a lot of airlines would not be able to operate unless they had slots as part of the asset base, which isa little unreal and unacceptable. In my opinion, that also puts pressure on obtaining slots out of the pool—or, indeed, in any other way possible. Airport Coordination Limited, which is the organisation that decides on the allocation of slots, therefore has a difficult job, particularly in areas where the return of slots from airlines is quite a difficult situation. Obviously, there are far too few slots relating to all the airports on the list of co-ordinated airports.
Interestingly, although Leeds Bradford Airport is now included as a co-ordinated airport, it certainly does not appear in much of the evidence that I have read in relation to ghost flights, and so on. Will the Minister let me know whether Leeds Bradford Airport has been a late entrant on this list? I would be interested to know.
Lord Hendy of Richmond Hill (Lab)
I thank noble Lords for their consideration of these draft regulations. I will attempt to respond to as many of the specific points raised as I can.
The noble Lord, Lord Kirkhope of Harrogate, asked about Leeds Bradford Airport. It is a late entrant, entered in 2024, and is subject to slot allocations only in the summer months. The noble Lord also asked how the 80:20 rule is administered. The answer is that, if under 80% of flights over the entire season are not used, they are lost. For desperate circumstances other than Covid, the regulations already have some alleviation, but this statutory instrument adds to them in respect of Covid. I will come back to the change from five to seven slots in answering some other points.
The noble Lord made a serious point about consumer interest in consultation. The Competition and Markets Authority was consulted and supported all the changes. The Civil Aviation Authority was also consulted because it has consumer protection obligations; it, too, fully supported this measure.
The noble Lords, Lord Empey and Lord Rogan, mentioned the provision of adequate services to Northern Ireland from Great Britain. From some previous work that I did on the union connectivity review, I know that this is a subject of much concern—and, occasionally, criticism—in Northern Ireland. Recently, I answered a Question in your Lordships’ House about the cancellation of an early flight from Belfast to London; that cancellation seems to have been astonishingly ill advised from the point of view of the airline operator, judging by the number of noble Lords and Members of the other place who were inconvenienced by it. So I understand the noble Lords’ points and the previous proposals for Bills in this direction.
The noble Lord suggested a more fundamental review of slot allocation system; such a wider reform would need primary legislation. The previous Government consulted on this from December 2023 to March 2024, and the current Government are now considering the need for wider slot reform; I am sure that the specific availability of slots from Northern Ireland will be part of that consideration.
I draw to the attention of both noble Lords the fact that, as I noted in the union connectivity review, the Government have a public service obligation and support flights from Derry/Londonderry to London precisely to make sure that there is connectivity from Northern Ireland to London.
The noble Baroness, Lady Pidgeon, made two points about the extent to which the European Union is in advance of or behind these changes. In both cases, we are making these changes in advance of the EU making similar changes in respect of both Covid and the minimum slot allocation. On her point about moving from five to seven slots, that move is certainly helpful to consumers because, as other noble Lords have noted, increasing the number gives an opportunity for new services to support themselves in viability and, therefore, to be more permanent. So the answer to that question is that it will help. On whether the number is the right one, there was certainly consensus that the number should be increased but little consensus about what it should be, so bringing ourselves in line with international legislation seems, frankly, a pretty sensible thing to do.
The noble Earl, Lord Effingham, asked whether new entrants can be protected in some way. Of course, I raised in my original speech that new entrant carriers are given priority in the allocation of slots, as the regulation requires that 50% of the slots shall first be allocated to new entrants unless the requests from them are less than 50%. That seems a sensible provision to allow new entrants a first opportunity here.
Lastly, the noble Earl asked how the Government will ensure that the provisions for severe disruption are used only in exceptional circumstances. In respect of something like a pandemic, it is pretty clear that the provisions have to be drastic. There are other provisions in existing regulations for alleviation, which will continue to apply.
I hope that I have covered all the points made by noble Lords on this proposed statutory instrument. I conclude by saying that it will make two permanent changes to Regulation 95/93, reducing barriers to entry at UK airports and making the slot allocation system more resilient. This instrument is putting the UK on the front foot; as I said, we are now in advance of the European Union on both of this measure’s substantial subject matters. I commend this instrument to the Committee.
Driving Tests: Secondary Market
Lord Hendy of Richmond Hill Excerpts(1 week, 2 days ago)
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Lord Young of Cookham
To ask His Majesty’s Government whether they plan to ban the secondary market in driving tests.
The Minister of State, Department for Transport (Lord Hendy of Richmond Hill) (Lab)
The Driver and Vehicle Standards Agency has announced measures to review the driving test booking system. It launched a call for evidence on 18 December seeking views on the current rules to book tests. This will lead to consultation on improving processes with potential future legislative changes. On 6 January, the same organisation also introduced tougher terms and conditions for driving instructors booking and managing car driving tests for their pupils.
Lord Young of Cookham (Con)
I am grateful for that Answer, but I think the answer to my Question is no—although it was very skilfully camouflaged. This is a racket. Middlemen are hoovering up slots on the DVSA website and then charging learner drivers a premium to access them. I googled this morning “Book your driving test earlier”. I got eight hits on the first page, with lots of inducements: “You can receive a test a month earlier than you would usually find on the DVSA website” and “Get your driving licence faster with early test bookings”. Another one said, “Book a driving test quicker with our booking system”. Trustpilot reveals that some of those are scams, with people paying £90 and not getting a test. Last month, the previous Secretary of State said:
“we will review and improve the rules around booking tests, including”,
as the Minister has just said,
measures to ban the resale of driving test appointments”.—[Official Report, Commons, 18/12/24; col. 52WS.]
Why do the Government not just get on with it and ban this racket?
Lord Hendy of Richmond Hill (Lab)
I thank the noble Lord for his research. He is right that there are some people making money out of this and they should not do it. My Answer was not just no; one of the considerations in working through what needs to be done is that we do not inadvertently make it more difficult for legitimate people looking for tests to book them. Less than one-quarter of total test bookings in September last year had been swapped from one licence to another, which means that swapping affects only a minority of tests.
The real answer is to reduce the length of time it takes to get a test. Currently in England, it is nearly 21 weeks. The Government have a target to reduce that to seven weeks by the end of December this year. For this purpose, we are recruiting 450 extra driving examiners on top of the 1,456 full-time equivalents there already are. That will make a very substantial difference, with the aim of obviating any activity as he describes and getting people tests when they can take them.
Baroness Pidgeon (LD)
My Lords, given the disparities in driving test availability that the Minister has just mentioned, will he consider incentivising local authorities to help address these shortages by supporting additional mobile driving-test centres in areas with high demand or limited access?
Lord Hendy of Richmond Hill (Lab)
I thank the noble Baroness for her question. The issue with the availability of tests is very substantially related to the availability of driving examiners, rather than the locations in which they are conducted. As I said, the additional 33% increase on top of the current number of full-time equivalent driving examiners is the thing that will make a real difference.
Baroness Hayman (CB)
My Lords, the current situation is grossly unsatisfactory for learner drivers. The noble Lord who asked the Question referred to a cost of £99; I have knowledge of someone who paid £400 simply to get a local, quick driving test. Many people are suffering because they need that. Can the Minister tell us, as well as recruitment, what his department is doing to ensure that industrial relations are better between driving examiners and the department, in order to get us back to the situation—which we have never got back to—as it was pre-Covid?
Lord Hendy of Richmond Hill (Lab)
One consideration in improving the relationship between driving examiners and the DVSA is to have enough of them to conduct tests on a basis where people do not feel excluded or significantly delayed. It is not the only action the Government are taking: my honourable friend the Future of Roads Minister made a Statement in the other place on 18 December with a seven-point plan, all of which is designed both to help people get tests when they need them and to reduce the amount of time it takes between applying for a test and actually taking one.
Lord Moylan (Con)
My Lords, I thank my noble friend who, after a lifetime of bicycling, offers greater advocacy for learner drivers than the Government appear interested in doing—possibly he is looking for a driving test himself at this late stage. During the previous Government, in the last 18 months, the DVSA issued 283 warnings and 746 suspensions, and closed 689 alleged businesses all over this scam. None of this enforcement activity has been mentioned by the Minister. Has it been dropped? Has the DVSA gone slack under a Labour Administration, while they are focusing on consultations and reworkings of processes?
Lord Hendy of Richmond Hill (Lab)
As a matter of fact, the statistics I can quote back to him are that 344 warnings and 791 suspensions have been issued, and 811 business accounts have been closed since the new Government took office. I think that comprehensively demonstrates that there has been no such slackening off and that the DVSA is on top of this. The real answer, however, is to reduce the amount of time it takes to get the test in the first place so that people do not feel very early in their learning journey that they have to book a test long in advance of it taking place. The Government’s aim is to get that down to seven weeks by recruiting a large quantity of driving examiners, to whom I previously referred.
Lord Foulkes of Cumnock (Lab Co-op)
My Lords, does the Minister recall that there was a civil servant who drove all the way to Barnard Castle to test his eyesight for driving? Can the Minister take time out from his very busy schedule to advise Mr Dominic Cummings that he should stick to driving and improving his driving, rather than trying to undermine the elected Government of this country in association with Elon Musk?
Lord Hendy of Richmond Hill (Lab)
I have no need to do that; my noble friend has just done it for me.
Lord Grayling (Con)
My Lords, the Minister has just said that 25% of tests appear to go through some of these third-party sites. My noble friend has also said that some of these sites are genuine scams. Why is it that any driving test can be booked anywhere except on the official DVSA website? Why can he not just sort that?
Lord Hendy of Richmond Hill (Lab)
One of my colleagues said, sotto voce, “For the same reason that you did not”, which is perhaps not an unreasonable point.
Lord Hendy of Richmond Hill (Lab)
This system has to allow people to book tests at the time that they need them. I did not say that 25% had been through one of these websites; I said that a quarter of total test bookings had been swapped from one licence to another. Of course, the reason why you would go to a driving instructor who has a number of pupils is that a driving instructor can apply for a test for one pupil and then transfer it to another if the second pupil is making faster progress than the first. That is how it should be. The number of people going through these agencies is clearly more than zero and, since it is, we should do something about it. But we have to do that in a way that does not prevent driving instructors from running decent businesses and also allows people to change their bookings when they need to. That is what takes time and care, and that is what the DVSA is working on.
Lord Watts (Lab)
My Lords, would it not be possible just to allow driving instructors to book on behalf of someone else and make it illegal for anyone else to do it?
Lord Hendy of Richmond Hill (Lab)
I thank my noble friend for his question. Many tests are booked by the applicants themselves, and there cannot be any reason why you could not be able to do that, as a potential holder of a driving licence. Equally, driving instructors have to be able to run a business, and one of the benefits of going to a registered driving instructor is that they have some flexibility in tests for their pupils.
Lord Hannan of Kingsclere (Con)
My Lords, secondary markets almost always develop as a consequence of state failure, and this is no exception. We all know people affected—I have two children who have been. The state failure, and the explosion in these websites, began with lockdown. Is not the ultimate answer to get these and indeed other government employees to come back to the office?
Lord Hendy of Richmond Hill (Lab)
The one thing that driving examiners cannot do is work in an office.
Lord Hendy of Richmond Hill (Lab)
That must be self-evident. The real answer to this whole issue is to reduce the amount of time it takes from an application to the test occurring. If, as we expect, we can reduce that with the recruitment of 450 driving examiners, the first of which are about to start doing driving tests—and if we can reduce it from the current 21 weeks in England to seven weeks by December—we will have obviated the problem.
Bus Services (No. 2) Bill [HL]
Lord Hendy of Richmond Hill ExcerptsWednesday 8th January 2025
(2 weeks ago)
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The Minister of State, Department for Transport (Lord Hendy of Richmond Hill) (Lab)
My Lords, before I come to the Bill, I will pay my respects to Baroness Randerson. Since being appointed to your Lordships’ House, Baroness Randerson served as a Government Minister and spent almost 10 years as her party’s transport spokesperson. During this time, she showed a mastery of the transport brief, making important contributions to wide-ranging debates and holding successive Governments to account.
After becoming a Minister in July, I enjoyed exchanging views over the Dispatch Box and in private with Baroness Randerson. I was very grateful to work closely with her on the recent Passenger Railway Services (Public Ownership) Bill—now Act—the first Bill I have taken through as a Government Minister, and she showed her characteristic attention to detail, inquisitiveness and determination to ensure that the legislation left this House in the best shape possible. I know she was enthusiastic about the Bill in front of your Lordships’ House today and would have wanted again to make sure that it left this House in excellent shape. On that, I will do my best.
As your Lordships will be aware, Baroness Randerson had a distinguished career prior to her introduction to the Lords, serving in the Welsh Assembly, now the Senedd, as the Member for Cardiff Central for 12 years and holding a ministerial post in the Welsh Government. I am honoured to have had the opportunity to work with her, and I know that her commitment to public service will be long remembered. I send my condolences to her family, friends and colleagues in this House.
Moving to the Bill, I am pleased to present the Bus Services (No.2) Bill for Second Reading today. It is not to be confused with the Bus Services Bill, which was introduced as a Private Member’s Bill in the other place. I declare my interest as a licensed PCV driver and that the charity of which my wife and I are trustees holds a number of community bus service permits used for the Imberbus service, which raises money for charitable purposes.
Buses are the most popular mode of public transport and are essential for growth, jobs and housing. However, we have seen in England that passenger numbers and bus service levels have been in decline, with 1.8 billion fewer annual bus journeys outside London in 2023-24 compared with 1985-86. The Transport Act 1985 radically changed the bus industry by privatising the National Bus Company companies and deregulating services outside London, restricting the powers of local leaders to decide what is best for their local area. This Government intend to reverse this.
In London, passengers have long benefited from public control of the bus network, with lower fares and frequent and reliable services. The 1.8 billion passenger journeys made in London in the year ending March 2024 demonstrate how critical the network is to London. This figure accounts for over half of all bus journeys in England. Outside London, two of the existing local authority bus companies, in Nottingham and Reading, are ranked second and third for the highest number of bus journeys per head in England. The success of London, Nottingham and Reading is not a coincidence. Passengers will use good services. It is therefore only right that these options are available to all local transport authorities.
As a Government we are committed to delivering better buses. In the 2024 manifesto the Government set out a clear plan to improve bus networks. This Bill marks an important contribution to supporting the Government’s missions to kick-start economic growth and break down the barriers to opportunity. Changes that the Bill makes will enable safer, more reliable, inclusive and accessible networks that provide the connections that passengers need. This, as I said, is essential to accessing vital jobs, education and healthcare in cities, towns and rural areas across England.
The Bill is about providing local leaders the ability to choose the best way of running services in their area, a choice not currently available everywhere in England. Local authorities should be able to decide how best to run their services, choosing the right operating model that works for their communities. This will help improve bus services and grow usage, meaning that it will be passengers who benefit. The Bill is focused and narrow in scope. Its measures apply primarily to local bus services in England. School services are also in scope due to the single clause relating to enhanced criminal record checks for drivers of school services.
We have already taken a first step in reforming bus services. We brought forward the Franchising Schemes (Franchising Authorities) (England) Regulations 2024. These came into force on 18 December and enable all local transport authorities in England to franchise their bus services. These powers had previously been limited to mayoral combined authorities and mayoral county combined authorities. The Bill builds on these regulations and marks the next step in our ambitious plan towards a better bus network. The need for reform is clear—to reverse the decline in passenger numbers and services that have been depleted over many years, and particularly recently.
Transport for Greater Manchester’s journey to bus franchising has shown the potential benefits of greater public control. It is timely to be presenting the Bill during the week in which its journey has been completed. Manchester has already seen patronage increase by 5% since public control began to be rolled out in 2023. Elsewhere, local authority bus companies such as Nottingham City Transport have delivered award-winning services to passengers. There are also great examples of local transport authorities working in partnership with the private sector to deliver excellent services, such as in Brighton, Norfolk, Bournemouth and Poole, and Wiltshire. Sadly, there are also examples of towns and cities with little or no evening or Sunday services, and rural areas with no services at all. There will be no one-size-fits-all approach. Different cities, towns and rural areas have different needs. The Bill is about ensuring that local areas have all the tools they need to improve bus services for their communities.
Bus services are the lifeblood of communities. They carry people to hospital appointments, to school and to their jobs. This is especially true for women, those who are young, those on low incomes, ethnic minorities and the elderly, all of whom rely on buses more. Given the strong case for change, the principles behind the Bill should, I hope, receive cross-party support. The manifestos of all three main political parties acknowledged the importance of buses. There is also strong public support, so I sincerely hope that noble Lords on all sides of the House can get behind the Bill as a vital step towards fixing our fragmented and variable bus networks.
I know from speaking to many noble Lords that they believe in improving the bus network for the better, whether that is improving accessibility or rural services, or protecting routes. The Bill seeks to address all these issues and keep passengers at the core of its aims. It is a government priority. The ambition is clear, and it is hoped that the Bill will deliver greater consistency in bus services across the country. Its objectives include protecting passengers from anti-social behaviour and violence, reducing fare evasion and expanding powers to local authorities on bus funding.
I am sure that some noble Lords will question how the Bill moves forward from the last fundamental shift in bus legislation. It is true that the Bus Services Act 2017 gave new powers to local transport authorities to create enhanced partnerships and allowed mayoral combined and mayoral combined county authorities to pursue bus franchising, but these franchising powers did not extend more widely. New local authority-owned bus companies, formerly referred to as municipal companies, were also banned by that Act.
This Bill builds on the 2017 reforms, while also reversing the ban on local authority-owned bus companies. This will help deliver a wider set of options for local areas. Local transport authorities—LTAs—know the needs of their communities and they are best placed to decide what shape their bus services should take.
I will briefly enumerate what the Bill does. It is split into 11 areas. First, while the recent franchising regulations removed the limit on which local authorities could franchise, the clauses on franchising in the Bill will streamline the process, including by removing the Secretary of State consent requirement. The intention is to introduce flexibility and to reduce the amount of time it takes for LTAs to franchise their bus services if they choose to do so.
Secondly, a provision in the Bill will require LTAs to specify requirements which must be followed where bus operators under enhanced partnerships wish to vary or cancel a service that has been identified as a socially necessary local service.
Thirdly, for local areas where enhanced partnerships remain the best option for local services, the Bill will strengthen these partnerships, allowing for improved working between LTAs and bus operators.
Fourthly, the Bill will repeal the ban on establishing new local authority bus companies, giving local authorities the chance to use their local knowledge to run services in their area and opening up powers currently limited to the five legacy local authority bus companies.
Fifthly, LTAs will be given the power to design and make grants to operators of bus services in their areas. They will have greater freedoms to decide where that money is directed.
Sixthly, provisions on bus registration will improve the availability of information for passengers. This includes new statutory powers to require LTAs in franchised areas to provide information about local bus services with the aim of helping to improve reliability for passengers.
Seventhly, the Bill includes measures to improve safety on buses by giving powers for LTAs to bring forward by-laws to tackle anti-social behaviour and powers to enforce fare requirements.
Eighthly, it is important to increase the safety and accessibility of stopping places, so there is a measure giving the Secretary of State the ability to set out expectations for bus stops and bus stations in statutory guidance.
Ninthly, the Bill closes an existing loophole through the inclusion of a safeguard for school services. This requires the operator of a public service vehicle to check an enhanced criminal record certificate for drivers who carry out closed school transport services more than three times in any 30-day period.
Penultimately, there is a power in the Bill to mandate training of bus staff, including bus drivers, on tackling crime. This is intended to tackle incidences of violence against women and girls, as well as anti-social behaviour. There is also a measure for training on disability awareness and assistance.
Finally, to meet the commitment to move towards sustainable travel, there is a measure on zero-emission buses to accelerate their rollout by introducing a restriction on the use of new non-zero-emission buses on registered local bus services. But, in recognition that the industry will need time to adjust to this change, this will not come into force before 1 January 2030.
This is a comprehensive and focused Bill that reforms and develops critical aspects of bus services. Stakeholders, including the bus industry, have been engaged throughout policy development to ensure that the provisions are fit for purpose and address the key challenges that the industry faces.
The Bill’s application is largely to England only. This is the case for the critical measures relating to bus operating models, such as franchising. Certain clauses will also apply to Wales and/or Scotland where necessary, but the Bill as drafted will not require any legislative consent motions from the Welsh Senedd or Scottish Parliament.
Before I conclude my opening remarks, I reinforce that reform does not end with this Bill. This journey has many stops. Following Royal Assent there will be further regulations required, including on franchising, bus registration, fare evasion, staff training and zero-emission buses. These are needed so that that which the Bill has enabled can be set out clearly for industry stakeholders and local authorities to follow. My department will continue to engage with all parties.
I recognise that franchising is a choice, but that this route is not currently well trodden. My department is therefore developing guidance to increase capability and capacity in those authorities that are striving to franchise, and this guidance will follow the Bill.
While the Bill does not introduce new funding, I am sure that noble Lords will wish to debate funding through the parliamentary process. It would be remiss not to mention the Government’s Budget commitment to over £1 billion of funding for buses in 2025-26 to support and improve services and keep fares affordable.
To conclude, this Government will reform the bus network to deliver improved services for passengers across England. This supports our growth and opportunity missions, providing a clear strategic direction for buses and proper integration and co-ordination. The Bill presents an unprecedented opportunity, learning from the 2017 Act, to create a safer, more reliable and transparent bus network, with local leaders having more powers to decide what is best for the local area that they represent. This will be a step forward in reversing the decades of decline that have become synonymous with bus travel in this country. There is much to be done and this will not be an easy journey, but industry stakeholders and local authorities alike are invested in creating an improved bus network that users can be proud of. This Bill is a vital component in our plan to reform buses. I beg to move.
Lord Hendy of Richmond Hill (Lab)
My Lords, I thank those who have engaged in today’s lively debate on the Bill. I have listened carefully and with much interest to the excellent points being raised across your Lordships’ House. I will attempt to respond to some but not half as many questions and concerns as I would like to because of the time. We also have Committee, in which we can explore many of these issues in greater detail. In the meantime, I will follow up where I can as soon as I can on some of the issues that I cannot mention now.
I thank the noble Earl, Lord Effingham, for his introduction, much of which was covered by what the noble Lord, Lord Moylan, has just said, but I will say one or two things to him in passing. First, on the notion that bus fares increased by 50% from £2 to £3, it is of course a calculation that bus fares of £2 increased to £3, but many passengers do not travel on individual tickets. Also, as the industry trade body said, for the 26% of passengers who travel on individual tickets many fares for shorter journeys remain below £3. The cost of franchising in Manchester is not £1 billion; it actually cost, on a one-off basis, £135 million, much of that paid for by Greater Manchester itself. One of the reasons why it cost so much money is because it took six years, as the process was so convoluted. A clear aim of this Bill is to make franchising easier.
Also, as a point of issue, it is not only electric buses that get recalled by manufacturers. As a bus operator, I can tell your Lordships of many circumstances in which buses have rightly been recalled for safety reasons. I think it is inevitable that zero-emission buses will take over in future, and the Bill seeks to ensure that the industry recognises that. However, he is right in referring to a one-team ethos; I am not entirely sure that that sentiment was reflected in what the noble Lord, Lord Moylan, just said, but we will do our best to get a good Bill out of this, I am sure, and I welcome that sentiment.
I thank the noble Baroness, Lady Pidgeon, for her really helpful remarks. The devolution of funding and the statutory guidance given by the Secretary of State, under new Section 154A, we will debate in Committee. It is not the intention to apparently devolve funding and then put on such rules that in fact it is not really devolved. The intention of the Bill is to allow a much greater level of freedom for local transport authorities than they have had. It is also the intention of the Government in due course to streamline the funding streams above that. I recognise that point completely. Frankly, I am as confused as some noble Lords about how many streams there are. The noble Baroness mentioned some of them, and that would be better, but actually the result of this Bill is that to make it much easier at the point at which the money is distributed, which must be the right thing.
I recognise the points about young people’s fares. There are already local transport authorities that give concessions to young people, and nothing in this Bill will prevent that. The wider point, which we will come to again and again with this Bill, is that this is designed to give local transport authorities more freedom. A number of noble Lords have referred to that this afternoon and this evening. It is the right thing to do because buses are a local service, not a national service. I will come back to the specific remarks of the noble Lord, Lord Moylan, at the end, but the clear intention of this Bill is to allow local transport authorities to decide what methodology of providing a service is best for them and then to do it.
I was much heartened by hearing that the noble Lord, Lord Burns, a former Permanent Secretary at the Treasury, welcomed multiyear funding. I will reflect with my colleagues in government on what his experience is of that. We have to wait for the Spring Statement to know what this Government are able to do in the straitened financial circumstances that they find themselves.
The noble Lord and other noble Lords have referred to open data, and I can certainly commit to the fact that open data is the intention of this Bill and of the Government. The intention of open data, reflecting the recent point by the noble Lord, Lord Moylan, is that it should be free. That is the right thing to do. If you want public transport usage to increase, the data should be available. I have a rather good story to tell the House about open data. At Transport for London, we searched for the person who developed the best open data app for the Underground. I said that I would like to see that person. It turned out that they worked for a bank in Melbourne, and it was not immediately possible for them to turn up in my office. However, it is a really important point.
The noble Lords, Lord Whitty and Lord Hampton, and others, referred to integrated ticketing. I will write to them about that. It is obviously the intention to have integrated ticketing. One of the attractions of franchising is that it enables that to happen. One of the weaknesses of commercial bus provision outside London is the degree to which individual operators would rather offer that technology but only on their own buses, whereas the public and passengers want it to be available on every bus. I know that my noble friend Lady Blake has some experience of that from Leeds and West Yorkshire. It is obviously desirable for passengers, particularly in urban areas, to be able to use any bus and for the ticketing system to be consistent.
A number of noble Lords referred to training. There is already mandatory training for bus drivers. The intention of this Bill is to specify further mandatory training but to deliver it within that regime, which I think is absolutely right. A number of noble Lords referred also to the roads on which buses operate. It is quite right that the reliability and indeed the economics of bus operation are vastly altered by the existence of congestion and the ability of buses to get through traffic, whether through bus lanes or other things. One of the most notable things about the Manchester franchising is that a consequence of putting some of the bus service into the control of the Mayor of Greater Manchester, then to be reflected in the local transport authority, was that a vastly increased focus was immediately available on, for example, getting rid of temporary traffic lights and straightening out traffic management. There have been references this afternoon and this evening to what help can be given to local transport authorities that wish to engage in franchising. The Bus Centre of Excellence has been mentioned. It does not need full-time employees but for advice to be available when needed. One of the features of that is to give advice on traffic management so that buses can take their appropriate place in transporting passengers in local areas.
It is always a delight to hear from the noble Lord, Lord McLoughlin. He has made some excellent decisions in his time, including appointing me as the chair of Network Rail, though my wife was not similarly impressed by that appointment. Many of the points that he raised are obviously germane, in particular on the very sharp decline in passenger numbers in the north of England. He said that one size does not fit all, and he is absolutely right—I think that is much more to his point. This Bill enables local transport authorities in cities, towns and rural areas to choose the best way of going forward. It is not necessarily franchising. Even if it is franchising, it is not necessarily on whole routes. Some of it is about franchising in particular areas where a franchise mechanism might produce better public services. The Government do not want to dictate whether you should have a franchise; they want local transport authorities to use the best mechanisms that they can.
It was a delight to hear from the noble Baroness, Lady Bennett, and even better to hear that the noble Baroness, Lady Jones, is recovering. I look forward to seeing her in her place. The noble Baroness, Lady Bennett, raised a number of questions that will have to be answered either in Committee or in correspondence. She referred particularly to recovering lost routes. One of the real sadnesses of the last several years is that some bus funding has been available to start new bus routes when the old ones ceased, because they were not able to be funded through that arrangement. But it is better if routes are not stopped and then started again because, in the course of that, you can lose a lot of patronage.
The noble Baroness mentioned South Yorkshire. I can tell her that the South Yorkshire Mayoral Combined Authority has completed a franchising assessment, and the consultation on its scheme closes on 15 January.
I listened very carefully to the noble Baroness, Lady Harris of Richmond. I had an exchange with her previously about the circumstances in North Yorkshire that she raised, and her concerns are known to the Government. I am also aware of a petition tabled to Parliament from a Member for the area in the other place, and my colleagues in the Department for Education will respond to that shortly. I note, out of interest, that North Yorkshire is a Conservative council.
The noble Lord, Lord Snape, referred to matters including the cost of zero-emission buses. One of the reasons for the Bill proposing both an effective ban on non-zero emission vehicles and the date of 2030 is that, as he knows as an experienced bus person, the cost of zero-emission and hybrid vehicles has gone down. The intention is to support sales, which this and the previous Government have strongly supported through funding to bring down the cost of those vehicles, such that they will be available and economical to run when that time comes.
A lot of points were raised by the noble Baroness, Lady Pinnock, about bus services, many of which were germane. I have no doubt that we will discuss them in Committee. She asked whether I agree that, as local transport authorities have or will get more responsibility, more councillors should be involved. I am not sure that it is my job to decide that but, as has been mentioned before, help might be needed with some of these arrangements. I know—actually, it is quite well known—that the quality of passenger transport in local transport authorities depends on their having expertise. On that matter, I agree with the noble Lord, Lord Moylan. One of the purposes of the Bill is to set out the choices, and the department is putting money and resource aside to help people make the right choices and institute them successfully.
The noble Lord, Lord Hampton, raised several issues about safety. I will consider the points that he and others have raised about whether safety data should be collected. I will certainly write to the noble Lord and I have no doubt that those matters will be raised in Committee.
I do not drive passenger service vehicles in service very often now, but my technique in keeping time was always secondary to road safety. My belief is that that is still widely true in the bus industry, if only because of financial reasons, because bus operators, and for that matter local transport authorities that choose to operate buses, will always be subject to the costs of insurance. We will have a further look at driver welfare and will no doubt discuss it. The noble Lord also raised data sharing, to which I have already referred.
It was extraordinarily kind of the noble Lord, Lord Holmes, to refer to London 2012, which now seems quite a long time ago.
Lord Hendy of Richmond Hill (Lab)
It was a long time ago; the noble Lord, Lord Moylan, and I completely agree. I wanted only to say that I do not claim particular credit for it; if you lead a team, you should give credit to the team that you lead and not take it all yourself.
The noble Lord’s more important points were about inclusion and accessibility. I absolutely recognise the points he made about the accessibility of the bus service to people with disabilities. I note his contention that Clause 22 does not go far enough, but I promise—and I am sure we will discuss it in Committee—to look at the degree and extent to which this clause can answer his points. He must be able to see that the intention of Clause 22 is to improve bus stopping areas and for the Secretary of State to give some guidance, which ought to be mandatorily taken into regard by local transport and highway authorities.
The noble Lord, Lord Berkeley, raised points about community control and who is in control. As I said, the point of this is to return control to local transport authorities. He also raised a question, which he largely answered, about what happens if local transport authorities do not do their job. One would hope that the citizens of the local transport authority would vote them out for not doing their job. That is the remedy. I do not think that the Secretary of State coming down on local transport authorities like a ton of bricks is a satisfactory alternative; we want to return control to the people who should rightly have it.
Incidentally, there have been bus routes down the Embankment since the trains went. I used to travel on route 109, but it does not go there any more.
The noble Baroness, Lady Brinton, also raised some important points on the Bill. She raised Clause 9 on approved persons, which we will discuss in Committee. The intention is not to deregulate approved persons but to widen the range of them. I completely agree with her that they should have some qualifications. An unqualified person should not be able to make a judgment about whether a franchising scheme is right.
The noble Baroness asked whether Clause 11 complies with the procurement regulations. I am advised that I am able to tell her that it does.
The noble Baroness welcomed Clause 19 and referred to assistance data. I will take that away and see what can be done. Bringing data on bus service usage into the 21st century is quite important and I am sympathetic to the idea that, as long as it is not a burden to bus operators, or indeed local transport authorities, collecting data is the right thing to do, so that we know what is going on.
I note very clearly the noble Baroness’s comments on Clauses 24 and 25, that diversity training is not the same as the rights for disabled people, and on what we did, with her great assistance, in the Passenger Railway Services (Public Ownership) Bill, referring to the Equality Act. I will go away and reflect on that.
Lastly, I come to the noble Lord, Lord Moylan, who has some extraordinary views about socialist paradises and returning to the era of the Attlee Government. I find it particularly extraordinary because I know that the noble Lord has such a strong view about the autonomy of local authorities. The Bill intends to return bus services to the autonomy of local authorities and for the Secretary of State not to intervene so much in the provision of services.
I have to tell the noble Lord that there is currently a huge disparity in the provision of bus services across Britain. I was not only responsible for the bus service in London, as he knows, but, for a measurable length of time, I was responsible for the bus services in what was laughingly called south-east England but apparently included Norfolk, Northampton, Leicester and Southampton. Even within one bus group, 20 years ago, there was an extraordinary variation in the provision of services and the extent to which bus operators sought to maximise the network and the return on it, or cut off individual journeys, to the extent to which some towns and cities in Britain find themselves short of or even without bus services after 7 pm and on Sundays.
I think I know roughly how to run a bus network, and one of the things you should do, which is the feature of the best bus services run by the private companies outside London—I can mention some places, but I will not—is to seek to service the network and to take people to school, hospital, work, leisure and home. It is in those places where those services have drifted away that something else needs to be done.
That is also true of rural services. The noble Lord alleged, quite wrongly, that the Bill does not deal with demand-responsive transport. It very much does—that is one of the remedies open to local transport authorities, as it should be. It is not a particularly cheap methodology but it is there to be used and, in fact, there are some startlingly good examples of it. He refers to it as though it is an urban feature but his own Government instituted an experimental regime in Cornwall, which, as the noble Lord, Lord Berkeley, knows, has produced rather a good bus service in Cornwall by having features of Cornwall Council’s activities that amount to franchising in the same way that the Bill will allow to happen.
I have come to the end of my allotted time. There is a limit to what I can answer here. As I set out earlier, the Bill is primarily about empowering local leaders wherever they are. It is a privilege to bring this forward to your Lordships’ House for Second Reading. I thank all noble Lords who have participated in today’s debate. I welcome the support of those who have spoken in favour of the Bill’s measures and look forward to continuing the debate on the Bill in Grand Committee.
Lord Hendy of Richmond Hill
That the bill be committed to a Grand Committee, and that it be an instruction to the Grand Committee that they consider the bill in the following order: Clauses 1 to 10, Schedule, Clauses 11 to 31, Title.
Old Oak Common: Train Disruption
Lord Hendy of Richmond Hill Excerpts(2 weeks ago)
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Lord Berkeley
To ask His Majesty’s Government what intercity train disruptions are expected and for how long because of the construction of the new Great Western Railway station at Old Oak Common.
The Minister of State, Department for Transport (Lord Hendy of Richmond Hill) (Lab)
My Lords, building Old Oak Common station will enable HS2 to start operations by providing a new interchange with the Elizabeth line. Without it, HS2 cannot open. The complex construction work cannot be delivered without some disruption to the Great Western main line. It will require a mixture of overnight and weekend possessions and some limited use of full closures. Industry partners are reviewing plans to ensure that disruption starts no earlier than it needs to and is minimised during construction, and that any journey time impacts, both during construction and future operation, are limited.
Lord Berkeley (Lab)
I am grateful to my noble friend for that explanation, but is he aware that four of the eight platforms to be built on the Great Western main line are for intercity trains that come from Bristol, Swansea and the south-west? There seems to be no idea of how many people would want to get off a train from Bristol and change at Old Oak Common to get to Birmingham. There is a perfectly good service called CrossCountry. Why is it necessary to have the four intercity platforms built at all? How much money would be saved if they were not built?
Lord Hendy of Richmond Hill (Lab)
I have to give your Lordships a brief description of railway geography in west London. The Great Western main line at Old Oak Common has two pairs of tracks. One is called the main line and the other the relief lines. The Elizabeth line now runs on the relief lines and, as my noble friend said, Great Western main line trains run on the main line. However, two of those four tracks sometimes close for maintenance, and if platforms were not built on the main lines, even in the interim period before HS2 provides the full service that it one day will, the station could not be operational because Elizabeth line trains could not stop on the main lines. So it is essential to have platforms on both sets of tracks, and in the long term, when HS2 is operational and serves a whole variety of destinations in northern England, stopping Great Western Railway trains there will be useful to railway passengers.
Baroness May of Maidenhead (Con)
My Lords, I refer your Lordships to my entry in the Member’s register. The current fastest train time from Maidenhead to Paddington is 17 minutes. It is possible that the work at Old Oak Common could cause those trains to stop for 15 minutes, which would double the length of time to no benefit to passengers. Will the Government now actively look at creating a proper hub and interchange station at Old Oak Common or Old Oak Common Lane to improve and provide benefits for people coming from the Thames valley, the south-west and Wales?
Lord Hendy of Richmond Hill (Lab)
I was pleased to discuss this matter with the noble Baroness personally recently. Of course, there will be some benefits to travellers on the Great Western main lines and, particularly, the Elizabeth line east of Reading. On the wider interchange at Old Oak Common, which she referred to, there are other railway lines in the vicinity and providing platforms on those would enhance the interchange experience and improve the effectiveness of the site for the development of jobs and housing, but they are not part of the initial proposals, at least. I will not deal in detail with the times that she mentioned, but I do not recognise them. In fact, we are working very hard—I was on the site with all the industry partners in November—and my estimation is that if we carry out this work properly the actual delay for trains that do not stop on the Great Western main lines will be in the region of 60 to 90 seconds.
Baroness Pidgeon (LD)
My Lords, what discussions has the Minister had with the new chief executive of High Speed 2 to ensure that all platforms at the new Old Oak Common station will provide level boarding for all passengers?
Lord Hendy of Richmond Hill (Lab)
I thank the noble Baroness for her question. I was at Old Oak Common with the new chief executive of HS2 on the day of his appointment and I raised the question about platform heights, particularly on the Elizabeth line platforms at Old Oak Common, because I know this is a matter of great interest to everybody who needs level boarding and, indeed, for the safety of the railway. The discussion has not concluded, but her point is very clear and I intend to pursue it.
Lord Snape (Lab)
My Lords, given the Government’s sensible decision to restore Euston as the terminus of HS2, is Old Oak Common really necessary given the fact that a lot less passenger interchange will arise following that decision? Will it really take seven years, as has been reported, for this work to take place—if it actually does—bearing in mind that the Chinese could probably build 10,000 miles of electrified railway line in that time?
Lord Hendy of Richmond Hill (Lab)
I will answer the second part of the question first. Our construction methods are a good deal safer than Chinese construction methods. Saving lives and preventing accidents on construction sites has been one of the principal activities on the railway and in wider construction for a very long time. Both stations are necessary because HS2 will not be a complete service to anywhere without a central London station, but Old Oak Common will be equally necessary because it will have interchange to, for example, Heathrow Airport. The wider development of the Old Oak Common area will be dependent on a station at Old Oak Common, just as it was in Stratford with the Olympic park.
Lord Bichard (CB)
Would the Minister take this opportunity to reassure the House and those of us who are privileged to live in the south-west that our transport needs are given as much attention and priority as those of our vocal friends in the north? It is beginning to feel, with the impact of the six-day contract and the long construction programme at Old Oak Common, that we are being condemned to a six-day service in the south-west, which will have inevitable consequences for individuals’ quality of life and the economic growth of that area.
Lord Hendy of Richmond Hill (Lab)
The noble Lord is right to criticise a railway that cannot operate reliably on Sundays and a lot of work is going into making sure that the optional working arrangement for Sundays for drivers and train managers on the Great Western Railway is addressed. But he is conflating two issues. We are mindful of the railway needs of the south-west of England. I think I have met virtually every Member of the other House west of Bristol on the matter of Old Oak Common. Old Oak Common will be an asset to the railway, and the railway to the south-west of England. As always with these things, construction is difficult and takes more time than we would like, but the result will be a better railway network for all parts of the United Kingdom.
Lord Moylan (Con)
My Lords, the Minister said that a station at Euston is indispensable for the success and effectiveness of HS2. Indeed, the Government made funds available in the Budget to build the tunnels from Old Oak Common through to Euston. How close are the Government to seeing deliverable engineering proposals for the construction of those platforms at Euston that allow passengers to board, alight and make use of these tunnels? How far away are we from actually having a plan?
Lord Hendy of Richmond Hill (Lab)
I am not sure whether the noble Lord knows, but one of the things that I took on in my previous role was chairing the Euston Partnership, which I did for five years. In that time, we saw at least two iterations of a design for the HS2 station. One was eye-wateringly expensive and included air-conditioned platforms, which is not the case even in Saudi Arabia. The alternative looked like an eastern European railway station after the Second World War, with corrugated iron canopies. Neither of those is at all sufficient. I have seen work going on for an integrated station between the Network Rail side and the HS2 side. I am optimistic that it is affordable, and that it can be financed and built. Incidentally, there will be a large amount of office space, creating jobs and housing in that area as well.
Lord Wigley (PC)
My Lords, the Minister will be well aware of the vital importance of these rail links to the south Wales economy. He will also be aware of the uncertainty that has arisen on many occasions recently regarding the dependability of services. Therefore, in view of these changes, can he look to find some mechanism whereby the maximum amount of advance information can be made available about the impact of these changes so that people travelling know what to expect?
Lord Hendy of Richmond Hill (Lab)
I welcome that question. One of the issues that arose was quite clearly that a number of Members of the other House had not received information about the closures in November and at Christmas and the new year. I spoke to the managing director of Great Western Railway so that that information was shared. I can leave the noble Lord with this thought: I am not expecting further disruption as a result of the construction of Old Oak Common in this calendar year, the next one or, indeed, the one after that. I think the next line closures are quite some way away. That would be right, because we should start that construction process no earlier than it needs to be done in order to open it in time for HS2.
Electric Scooters and Electric Bicycles: Pedestrian Safety
Lord Hendy of Richmond Hill Excerpts(2 weeks, 1 day ago)
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Baroness Neville-Rolfe
To ask His Majesty’s Government what consideration they are giving to introducing safeguards to protect pedestrians and the disabled when considering whether to permit additional categories of electric scooters and electric bicycles.
The Minister of State, Department for Transport (Lord Hendy of Richmond Hill) (Lab)
My Lords, safety is our top priority, especially for our most vulnerable road users and disabled people. There will be no new categories of e-cycles or e-scooters before the impacts on these groups have been thoroughly considered. Any new regulations will be subject to public consultation before they come into force and designed with disabled people—not for them—utilising the Government’s independent expert committee, the Disabled Persons Transport Advisory Committee.
Baroness Neville-Rolfe (Con)
There are a number of troubling features about e-scooters and e-bikes, and disagreements on solutions, including licensing, insurance, speed restrictions and better enforcement, such as the impounding of vehicles ridden on the pavement, which is my favourite. The problem is getting worse. It is a Wild West out there, with deaths, injuries and a growing fear among the disabled and elderly, not to mention the mushrooming of crime. Will the Minister ensure that early action is taken and, at the very least, could he work with the mayor and the Met to introduce much more robust action in London, where this is such a problem?
Lord Hendy of Richmond Hill (Lab)
I certainly understand the noble Baroness’s point. As far as e-scooters go, the last Government commissioned the trials in 2020 and legislation was promised in 2022 but not delivered. That trial is therefore still in force and the length of time is regrettable. A very similar Question was answered on the last sitting day before Christmas. It is a complicated area. We need to work out what the best forms of regulation are. I note her plea to me to talk to the mayor and the Metropolitan Police. Of course, the enforcement of these regulations is always a matter for chief police officers and I know that the mayor is as concerned as the Government are about this.
Lord Hogan-Howe (CB)
My Lords, the design of these bikes is a real problem. At the moment, they are limited to 15 miles per hour, but hardly any of them observe it. By simple modifications, two things can happen: the speed can be increased to 30 miles per hour and, by pressing a button, they can maintain the speed without any cycling. We should really have something done about that. Along with all the things that the noble Baroness, Lady Neville-Rolfe, mentioned, I have argued that cyclists should be legislated against. What is the argument for not legislating for registration marks, licensing and insurance for e-cycles, which, in 2023, killed the most people on the roads that we have ever seen?
Lord Hendy of Richmond Hill (Lab)
I certainly know that the noble Lord has a strong view on this. We had a debate in the autumn and, as I said, a Question on this before Christmas. He is right in saying that there is a limit to the legal use of pedal cycles—a maximum assisting speed of 15.5 miles per hour and a maximum power of 250 watts—and it is clear that plenty of e-cycles have been either sold or adapted that do in excess of that and, as a result, are in fact motor vehicles and should be registered, licensed, ridden and insured as such. In the end, it is up to chief police officers to enforce this. He is remarking on a subject of growing concern in our urban areas, which should be addressed by chiefs of police.
Lord Watts (Lab)
My Lords, many bikes are being imported from abroad that are illegal. Do the Government have any plans to clamp down on the illegal importation of vehicles that should not be on the road?
Lord Hendy of Richmond Hill (Lab)
My noble friend is right: there are plenty of imports and plenty of illegal sales of these in this country. It is a trading standards matter and there has been some action. If I leaf through these pages fast enough, I will be able to find the statistics for what we know about what has happened so far. But, of course, that is a local authority matter. In the end, we need legislation. It is a shame that it did not start with e-scooters. The Government are committed to doing something. The subject of the original Question—the effect on disabled people—is clearly of great concern and we will seek to address it.
Baroness Brinton (LD)
My Lords, I am really grateful that the Minister just referred to disabled people. Many people in wheelchairs are finding that dockless bikes being dumped all over the pavements means that they do not just have a problem but cannot go down the street. Just before Christmas, the RNIB’s most recent survey of its members said that 47% of respondents had said that they felt unsafe on the pavements. Will the Government consider ensuring that e-scooters and e-bikes are more visually and audibly detectable? Whether or not they are illegal, they are on the pavements and causing problems. Will they also please ban dockless bikes?
Lord Hendy of Richmond Hill (Lab)
I certainly recognise the passion with which the noble Baroness speaks. Before Christmas, the Government published the English devolution White Paper, which has in it a provision for local transport authorities to be empowered to regulate on street micromobility—that is, e-bikes and e-cycle schemes—so that local areas can shape these schemes and tackle the scourge of badly parked e-cycles and e-scooters.
Lord Moylan (Con)
My Lords, as well as being potentially criminally ridden, these vehicles are also being used in the course of committing crime. In 2023-24, there were 11,000 offences recorded involving the use of e-bikes and e-scooters—a huge growth on previous years, and there is no sign of abatement. Do the Minister and his Government have a plan for curbing this epidemic?
Lord Hendy of Richmond Hill (Lab)
It is easy to recognise the position the noble Lord, Lord Moylan, talked about. Indeed, he talked about it in very similar terms the week before Christmas. It is primarily a matter of enforcement by chief police officers, simply because, as he says, there may or may not be a crime in relation to the use of e-scooters and e-bikes, but crimes are being committed as a consequence of using them. This debate is one of the ways of drawing it to the attention of chief police officers, so that enforcement action is appropriately taken.
Lord Rogan (UUP)
My Lords, despite rental e-scooters being legal for use in public places in some English cities, they remain illegal on the roads and footpaths of Northern Ireland. However, they do sometimes appear, which prompted the Police Service of Northern Ireland to take to social media before Christmas to warn that any e-scooters gifted in the Province could be used only on private land. Using his good offices, can the Minister offer an assurance that any possible change to the legal status of e-scooters in Northern Ireland will not happen without full and proper consultation with the PSNI?
Lord Hendy of Richmond Hill (Lab)
I am certainly willing to commit to consultation with all the enforcement authorities on this, because it is very important, when we are able to do something about this, that the law is framed in a way that can be enforced both in Northern Ireland and elsewhere.
Lord Mackenzie of Framwellgate (Non-Afl)
My Lords, one of my concerns is the number of scooters and bikes, whether electric or otherwise, ridden on the pavements. Does the Minister have any statistics on the number of people injured or killed by this method in this country?
Lord Hendy of Richmond Hill (Lab)
I certainly have statistics about the number of people injured and killed in connection with cycling in general. I do not believe there are statistics specifically about these things being ridden on pavements, but I am not wholly sure we need to see that, because it is quite clear that riding e-scooters, e-bikes and bicycles on pavements is the wrong thing to do. The original Question is about the effect on the disabled. It is clearly a threat to the mobility of disabled people to find these cycles or scooters being either ridden or just dumped on the pavement. Both things are unsatisfactory for the mobility of our disabled people in Britain.
Baroness Pidgeon (LD)
My Lords, given the huge safety concerns, what is the timescale for new legislation to regulate private electric bikes and e-scooters?
Lord Hendy of Richmond Hill (Lab)
It is a shame that the previous Government did not carry through their intention to legislate in 2022. Deciding what the overall legislative policy of the Government should be is above my pay grade, but it is clear that this is an issue we need to confront and the department is thinking very clearly. The noble Baroness will recall that I wrote to her to show her the variety of rules and regulations for these things across Europe and other countries. The department is thinking about this in advance, because framing this legislation will be more difficult than it might be because of the range of solutions adopted in other countries.
Cost of Living: Rail Fares
Lord Hendy of Richmond Hill Excerpts(2 weeks, 2 days ago)
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Baroness McIntosh of Pickering
To ask His Majesty’s Government what assessment they have made of the effect of the level of rail fares on the cost of living.
The Minister of State, Department for Transport (Lord Hendy of Richmond Hill) (Lab)
My Lords, before I answer the Question, I must say how sad I am to hear of the death of the noble Baroness, Lady Randerson, who I have known for a long time. I was expecting to see her in her place today for this Question but, sadly and unexpectedly, that was not to be. I will say more at the Second Reading of the Bus Services (No.2) Bill on Wednesday.
I turn now to the Question. We aim to keep the level of fares at a point that works for passengers and taxpayers. The forthcoming 4.6% increase to regulated rail fares is the lowest absolute increase in three years. To further balance rail fares with the cost of living, various concessions, rail cards and promotions are available. In early 2025, we will be holding a network-wide rail sale, giving passengers savings of up to 50% on selected advance and off-peak fares.
Baroness McIntosh of Pickering (Con)
I thank the Minister for that Answer. I would like to add my personal condolences on the loss of the noble Baroness, Lady Randerson, who was an outstanding parliamentarian and public servant.
Does the Minister agree that the rail fare increase is a direct consequence of agreeing an increase in train drivers’ pay without agreeing an increase in productivity? Further, can he explain to the House how he expects fare increases and the inflationary increase to achieve the Government’s core goal of fuelling growth in the economy?
Lord Hendy of Richmond Hill (Lab)
The pay increase for train drivers and other railway staff, made last July, was in truth very little different from the proposals of the previous Government—although these were manipulated so that the dispute was unresolved for many months, leading to a huge loss in revenue for the railway. The previous Government’s proposals had no productivity conditions attached to them. This Government were not in a position to offer productivity conditions, simply because many of the train companies had not developed proposals that would enable a wage deal to be made.
Lord Wigley (PC)
I offer my condolences to the family of the noble Baroness, Lady Randerson, and pay tribute to the work that she did in Wales, not only on cultural matters but on transport matters. She will be greatly missed.
Does the Minister accept that one matter even more important to rail travellers than the cost of tickets is that the trains are running? What is the answer to the shortage of drivers, which is apparently the reason why Avanti West Coast is so often unable to maintain its timetable? What are the Government doing about it?
Lord Hendy of Richmond Hill (Lab)
The shortage of drivers, and in some cases train managers and guards, is endemic and a result of insufficient attention being paid over a long period of time—including the period in which the last Government were in control—leaving the train companies without enough staff to staff the service. This Government intend to do something about the numbers of drivers, train managers and guards. We also intend to make running the railway a seven days per week issue rather than, in many cases, a railway where six days are rostered and the seventh day is dependent on people volunteering to work on rest days.
Lord Watts (Lab)
My Lords, under the last Tory Government, we saw it become cheaper sometimes to fly to New York than to get a train from Manchester to Euston. Will the Government’s action make train travel affordable for ordinary people? At the moment, we have been left with a legacy where many people cannot afford to travel by train.
Lord Hendy of Richmond Hill (Lab)
I thank my noble friend for his question. The truth of the matter is that, although regulated fares are controlled by the Government, there are many other fares on the railways, some of which produce eye-wateringly expensive charges for what used to be the traditional peak period, while others are extraordinarily cheap, even by continental standards. One of the many jobs that this Government have to do in reforming the railways is to rationalise the 50 million fares, making them affordable and understandable for passengers in order to improve revenue and improve demand on the railway.
Baroness Pidgeon (LD)
My Lords, it is with great sadness that I lead for the Lib Dems today on this transport Question, given the tragic passing of our noble friend Lady Randerson. She was such a wise person and we will miss her enormously. I hope that the moving tributes from across the political divide and beyond will provide some comfort to her family and friends at this time.
Given that rail journeys remain below pre-pandemic levels, could the Minister outline specific ongoing measures that the Government are considering to incentivise rail travel?
Lord Hendy of Richmond Hill (Lab)
I thank the noble Baroness for her warm tribute to Baroness Randerson.
As I said, the Government are to have a rail sale early this year, in which many millions of tickets will be sold at discounted fares. Noble Lords will know that, following Covid, the demand characteristics of the railway have changed: there is still less commuting, despite changes in working practices, and more leisure travel. That gives real opportunities to produce fresh fare scenarios that will incentivise travel. To pre-empt a question that otherwise will be asked, the railway needs to be adequately able to cope with leisure travel for all seven days of the week in order that people can not only travel cheaply but get a seat when they do.
Lord Moylan (Con)
My Lords, I echo what the Minister said about the late Baroness Randerson. We will have an opportunity to discuss her sad demise later in the week and return to the subject then.
In the future that the Minister envisages for the reformed railways, will it still be the case that regulated fares are set by the Secretary of State, or does he expect that power to pass to Great British Railways? Will that be in the consultation document that he has promised is going to be issued? When are we going to see that consultation document, given that he told the House he hoped it would be issued before the Christmas Recess, which clearly has not been the case?
Lord Hendy of Richmond Hill (Lab)
I thank the noble Lord for his comments on Baroness Randerson.
On the future of the fares structure of the railway, it is overwhelmingly likely that, whoever the Secretary of State is, they will continue to have a strong interest in the fares structure of the railway. However, the proposition is that Great British Railways will be responsible for both revenue and cost, and therefore will have some freedom to set fares. It is true that I had hoped that the consultation document would be available before Christmas, but clearly that was not the case. The passage of the seasons in political time is variable, but I am going to promise that it will be available in the next few weeks.
Lord Grayling (Con)
My Lords, the Government promised us that public ownership of the railways would mean lower fares and better performance. We already have four previous franchises run by the state—that is, run by him and his department. Have those four areas experienced lower fares and better performance?
Lord Hendy of Richmond Hill (Lab)
The first thing to say is that public ownership of the railways, as the noble Lord knows, is not the only issue that needs to be resolved for the railway to run better. He will also know, because he was there at the time, that two of the companies were taken over at times of great distress in either performance or commercial performance, and that there are companies among those four where better performance and innovative fare structures have delivered a real result, notably the London North Eastern Railway.
The noble Lord must know that the performance of Northern is not very good, but also that it has been in public ownership for six years. I have said from this position before that industrial disputes there have been going on for so long that the management could not immediately enumerate how many they had got. That seems to me to be a failure of the previous Government and of the previous regime, because if you take a railway company into public ownership then you should seek to resolve its performance issues. This Government intend to do just that with those train companies which are already in public ownership but not performing in the way that London North Eastern Railway is.
E-scooters and E-bikes
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Baroness Pidgeon
To ask His Majesty’s Government what plans they have to revise legislation around the use of e-scooters and e-bikes.
The Minister of State, Department for Transport (Lord Hendy of Richmond Hill) (Lab)
My Lords, resolving the long-standing problems and missed opportunities of micromobility, including e-scooters, is a priority for my department, and we will work with colleagues across government to tackle this as soon as possible. We recognise the need to ensure that dockless cycle rental schemes, including for e-cycles, work for the whole community. That is why on Monday we announced plans in the English devolution White Paper to empower local leaders to regulate these schemes.
Baroness Pidgeon (LD)
My Lords, I welcome the White Paper, with the promise to allow local regulation of micromobility schemes. However, the public continue to buy e-scooters, which are illegal on public highways and which may not be built to the highest safety specifications. When will the Government bring forward urgent legislation on the use of personal e-scooters, covering safety issues, including batteries?
Lord Hendy of Richmond Hill (Lab)
I absolutely respect the noble Baroness’s view. As of December 2023, circa 1 million people aged 16 or over owned an e-scooter in England. In July 2020, e-scooter rental trials were set up to inform future regulation, and in May 2022, the last Government announced primary legislation to legalise and regulate them. This was not delivered, meaning that e-scooters are, as she implied, still illegal to use outside of the e-scooter trials, which are due to run until May 2026. That is why, as I said, it is a priority for my department. We will move to tackle this as soon as possible.
Viscount Colville of Culross (CB)
My Lords, some agencies, such as the Safer Essex Roads Partnership, have two or three-week blitzes in which community volunteers and the police combine to stop illegal e-scooter drivers, but this enforcement is piecemeal and only partially effective. When will the Government spread this neighbourhood crackdown on illegal scooters across the country?
Lord Hendy of Richmond Hill (Lab)
The Government are committed to a crime and policing Bill—I was discussing it with my noble friend Lord Hanson of Flint just before Questions—which will look at the plight of local communities being plagued by anti-social behaviour. That Bill is intended to give the police stronger powers to stop vehicles being used to bring misery to our neighbourhoods, with officers no longer required to issue a warning before seizing them. That will allow them to swiftly deal with off-road bike nuisance in public parks and dangerous e-scooters on pavements, as well as street racing and cruising.
Lord Watts (Lab)
My Lords, Spain has started a scheme to identify those riding e-scooters who are driving too fast and are not wearing helmets, and a €100 on-the-spot fine has been introduced. Should we consider that?
Lord Hendy of Richmond Hill (Lab)
I have with me a summary of the way in which 22 European countries have dealt with e-scooters. One of the most striking things is that there is no consistency across Europe or across the other countries surveyed about how to deal with this. One of the challenges of the legislation opportunity that we will take is to work out what is best for this country. There are all sorts of variations: minimum ages, whether you can ride them on pavements and whether you need mandatory helmets, and one or two countries have registration schemes—though that seems as hard for e-scooters as it might be for bicycles. We will have to work through what the best scheme is for this country in order to put forward the appropriate legislation.
Lord Moylan (Con)
My Lords, the Minister referred to a trial conducted by the previous Government which has gone on rather a long time—rather too long, in my view. Would it not make sense for the Government to draw that trial now to an early conclusion and see what lessons could be learned from it before proceeding with legislation, so that it could be informed by the results of the trial? Will the Minister be able to give a commitment that that will be done? When he learns the lessons of that trial, and will he take a particular interest in the use of e-scooters in relation to crime which we see on the street, which is a cause of great concern—not least mobile phone theft?
Lord Hendy of Richmond Hill (Lab)
Happy Christmas to the noble Lord, Lord Moylan.
Lord Hendy of Richmond Hill (Lab)
Gosh, that is a distraction.
There is a criminal aspect to the use of e-scooters, particularly illegally, which is why legislation needs to be brought forward to regularise this. As regards the trials, it is implausible to suggest that we will curtail them, simply because they are the only e-scooters used on the public roads which are legal. However, I agree with the noble Lord that we should be learning the lessons of the trials that we have had as quickly as we can—they have been going on for five and a half years, as he recognises. Understanding what is going on in the rest of Europe and in developed countries will help us bring forward the right legislation for the United Kingdom.
The Lord Bishop of St Albans
My Lords, with reports of deaths on the pavements from e-bikes and e-scooters, there is a lot of worry about safety, particularly for those who are disabled or partially sighted. Can the Minister assure us that, when the consultations go ahead, charities working with people in such situations will be consulted, so that we can make sure we are offering them the maximum protection on our pavements and streets?
Lord Hendy of Richmond Hill (Lab)
I absolutely recognise the risk to pedestrians from e-scooters and, for that matter, e-bikes and ordinary cycles on the footway. I can assure the right reverend Prelate that we will consider fully the needs of disabled, partially sighted and blind people in bringing forward the appropriate legislation. We want people to feel safe walking around our towns, cities and countryside; riding bikes too fast or riding e-scooters on the pavements is completely unsatisfactory for those people.
Lord Hogan-Howe (CB)
My Lords, I thank the Minister for the recent meeting on the potential regulation of cyclists in the future. On the issue of e-bikes, scooters and cyclists, one of the things that none of them has is insurance, which means that they cannot compensate victims. Insurance could play the positive role of modifying human behaviour. The premiums reflect the risk; the higher the risk, the higher the premium. Can the Minister explain the argument against these people having insurance?
Lord Hendy of Richmond Hill (Lab)
The dialogue with the noble Lord continues. As he said, we had a very fruitful meeting recently, following the earlier debate in the autumn on the whole question of cycling. The practical difficulty of insurance is simply that clearly people do not need a licence for these things, and a requirement for insurance would itself need enforcement—on which he is better qualified to opine than I am. There is a real difficulty with some of the propositions around licensing and insurance, which we will have to fully consider. He is right that, in the absence of insurance, if there is an accident and people are injured or worse then there is a real problem, but we have to crack this in a practical manner.
Baroness Randerson (LD)
My Lords, on average, the London Fire Brigade is called to an e-bike or e-scooter fire once every two days, some of which lead to loss of life. My noble friend Lord Redesdale has a Private Member’s Bill, the Lithium-ion Battery Safety Bill, which is designed to tackle the issues of substandard battery design, unsafe battery chargers and dangerous conversion kits. Will the Minister undertake to examine that Bill in detail, with the intention of providing government support to get this legislation on to the statute book as soon as possible?
Lord Hendy of Richmond Hill (Lab)
I will certainly undertake to look at that in the way that the noble Baroness suggests. In October, the Department for Business and Trade launched the Buy Safe, Be Safe campaign to raise awareness of the dangers of buying faulty and unsafe e-bikes, e-scooters and components such as batteries for the very reasons she suggests. These fires, some of which are catastrophic and have caused fatal injuries, are completely unacceptable, and the people selling these things ought to be brought to order.
Hammersmith Bridge
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Lord Harries of Pentregarth
To ask His Majesty’s Government what action they are taking to re-open Hammersmith Bridge to motor traffic.
The Minister of State, Department for Transport (Lord Hendy of Richmond Hill) (Lab)
My Lords, my department is working with the London Borough of Hammersmith and Fulham and Transport for London on the closure of Hammersmith Bridge to traffic. The Government have provided the borough with almost £13 million of funding to date, and my honourable friend the Minister for Local Transport will reconvene the Hammersmith Bridge taskforce in the new year.
Lord Harries of Pentregarth (CB)
I thank the Minister. It is good news that the taskforce is meeting on 30 January, but of course it does raise the question of why it has not met for more than three years. Hammersmith Bridge is a major entry point into London, and hundreds of thousands of commuters have been very badly inconvenienced for more than five years. During that time, Notre Dame was gutted by fire and rebuilt.
The other bit of good news is that this is a project to be considered in the spring spending review. Will the Minister use all his extensive experience and efforts to ensure that this project is adopted? At the moment, it is a stain on our national reputation as a country with the capacity and the will to get things done.
Lord Hendy of Richmond Hill (Lab)
The noble and right reverend Lord would not expect me to account for the time elapsed since the taskforce last met and July. It is now going to meet, and the good news is that the stabilisation work, which has been beset by delays and cost increases due to skill scarcity and inflation, should be finished by April 2025. The bridge is an iconic structure—perhaps not as iconic as Notre Dame, but it is certainly useful locally. It was built in 1887 from wrought iron; it has been bombed twice by the IRA, has not been properly maintained for decades, and nearly fell down five years ago.
Some noble Lords know that I can drive a public service vehicle. I must be the only person here who has driven one over Hammersmith Bridge in traffic, and I can tell noble Lords that the forward motion of the bus was accompanied by the lateral motion of the bridge —and the vertical motion of the bridge. It is the only time driving a bus I have nearly felt seasick.
Baroness Blower (Lab)
My Lords, as a resident of Hammersmith and Fulham I would like to say that, although there has been some inconvenience, there has also been much better air quality. I am interested in what the Minister has to say about the possibility of an electric shuttle service running across the bridge, to enable those who are unable to walk across it to cross with relative ease. That would be much better for the air quality for those of us in Barnes and Hammersmith and Fulham, and could be done reasonably quickly.
Lord Hendy of Richmond Hill (Lab)
It is a matter for the London Borough of Hammersmith and Fulham, and indeed for the neighbouring borough on the south side, of which I declare that I am a resident, to decide what they want to do with the bridge. The stabilisation work has stopped it from literally collapsing, but the capacity of the bridge to take traffic as well as pedestrians and cyclists will cost a lot more money, and the boroughs will have to work with Transport for London to decide how the bridge is going to be used. The other really important feature of the bridge is that at least once a year it is absolutely full of pedestrians. Therefore, a job that does not allow it to bear the weight of pedestrians for the boat race and other things will not be very satisfactory. However, it is for the boroughs to decide how to deal with that.
Baroness Pidgeon (LD)
My Lords, this is a sorry saga. The impact of the closure is significant for south-west London, particularly the London Borough of Richmond upon Thames. When will a full economic and environmental evaluation be carried out on the effect of the bridge’s closure for this whole area?
Lord Hendy of Richmond Hill (Lab)
As I say, it is primarily for the London Borough of Hammersmith and Fulham, which has the good fortune—or bad luck—to own this structure, and for the London Borough of Richmond upon Thames on the south side to decide between them what they want to do with this bridge in the future, bearing in mind the engineering evaluation about what the structure is capable of doing. It was designed and built for horse-drawn traffic; it has never been particularly strong. Therefore, the boroughs need to work with Transport for London to work out to what use it might be put. I agree that there needs to be an economic evaluation of the effects of whatever happens permanently, but first they need to work out what the bridge is capable of doing after it has been stabilised.
Baroness Vere of Norbiton (Con)
My Lords, I was the chair of the Hammersmith Bridge taskforce, alongside the current Transport Secretary, who was also a member. I said that the taskforce would reconvene whenever a project came forward from Hammersmith and Fulham. We have heard from the noble Baroness, Lady Blower, who says that there is some doubt as to whether it really should be reopened from the Hammersmith and Fulham side. I have sensed all along that this is why Hammersmith and Fulham council has been dragging its feet. The Liberal Democrats also cannot claim glory in this. because they are remarkably silent from the south of the river. Can the Minister tell the House whether full, complete and costed proposals have been forthcoming from Hammersmith and Fulham council?
Lord Hendy of Richmond Hill (Lab)
We know what the range of costs for a future renovation of the bridge should be. They are very significant—at least a quarter of a billion pounds. I cannot currently say how detailed that is, but I know that it is the order of magnitude of what would need to be done to move further than just stabilisation, which will be completed, as I say. It must have been quite a burden to both chair and be in those meetings, and I am interested to hear about that. I hope that my honourable friend the Minister for Local Transport, when he reconvenes the taskforce, quickly brings the meeting to a clear understanding of what the bridge is to be used for in the future, and therefore what needs to be done to it in the long term.
Lord Moylan (Con)
My Lords, the Greater London Authority Act explicitly transferred the responsibility previously held by the Government Office for London to fund capital transport projects by the boroughs to the Mayor of London. It is undoubtedly the Mayor of London’s responsibility to provide funding for this. Does the Minister not agree that what we are seeing here is a failure by two Labour-run authorities that, at the expense of members of the public, are engaged in a competition to show who can be more anti-motorist?
Lord Hendy of Richmond Hill (Lab)
I will say two things to the noble Lord. First, the bridge has got into its current state over decades, which have seen various changes of control by the owners, the London Borough of Hammersmith and Fulham. Secondly, he will know better than most that the level of settlement afforded to the Mayor of London for transport purposes by the previous Government was frankly derisory, and therefore the current Mayor of London has not been able to allocate money to all the things he would like to. We need to establish what the use of the bridge will be in future, which is a matter for the two boroughs. In other circumstances the noble Lord would defend fiercely the right of local authorities in London to decide what to do with their local roads. That has to be established. From that, it can be worked out what to do with the bridge, how much it will cost, how long it will take and, incidentally, who should pay for it.
Lord Aberdare (CB)
My Lords, I declare my interest as a Barnes resident. Hammersmith Bridge is a key Thames crossing point for motor traffic in London. Its closure for over five years has greatly increased traffic congestion, delays and pollution around neighbouring bridges in Kew, Chiswick and Putney. Even the idea of a community pedicab service across the bridge has apparently been shelved—although much good it would do for motorists. What reassurance can the Minister give that he will ensure there is at least a plan in place for reopening the bridge to motor traffic before the actual reopening of the far-larger Baltimore harbour bridge, scheduled for 2028? How will he clarify who is responsible for such a plan and how it will be funded?
Lord Hendy of Richmond Hill (Lab)
I am very clear that the bridge is owned by the London Borough of Hammersmith and Fulham. It is that borough’s job as the highway authority for the local road network, together with Richmond upon Thames on the other side, to decide how this bridge should be used. The mayor has responsibility for transport in London; he is part of this discussion, and the department is too, but those boroughs have to decide. They have to look at both how long it has taken and how much it has cost to stabilise the bridge, and decide what that structure is capable of doing in the future. It has never been able to take heavy vehicles of any description and, as I said, latterly it was pretty unsuitable for vehicles of seven and three-quarter tonnes. The boroughs need to decide on that, because the cost of doing it and the time it will take to finish depends on it. It is their collective job to do it, and that is why the taskforce will be reconvened.
Train Crew Shortages
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Baroness Randerson
To ask His Majesty’s Government what assessment they have made of the reasons for the shortage of train crew reported across several train operators as the explanation for the cancellation of services.
The Minister of State, Department for Transport (Lord Hendy of Richmond Hill) (Lab)
My Lords, the current level of train cancellations is dreadful for passengers, and driver, guard and train manager availability has been driving much of this. The railway we inherited has unacceptable levels of staff shortages. We have commissioned detailed work to understand train crew numbers and availability. The previous Government had no useful knowledge of staff levels, recruitment, training, overtime and planning efficiency across individual operators. That work and the Government’s commitment to wider rail reform will drive better staff numbers and more efficient utilisation of those resources and reduce cancellations in the future.
Baroness Randerson (LD)
I thank the Minister for that Answer and am glad to hear about progress. However, recently, Northern Trains, which is directly government run, and Great Western Railway, which is still in the private sector, have repeatedly given a shortage of train crew as their reason for cancellations. As a previous Secretary of State said, nationalisation is “not a silver bullet”, but it will surely lead to a more coherent approach to employment terms and, hence, a better service for passengers. When and how do the Government intend to harmonise terms and conditions for employees and, therefore, to create a modern rail industry, providing modern standards of service, particularly at weekends?
Lord Hendy of Richmond Hill (Lab)
My Lords, I am very happy if somebody else answers. The noble Baroness will have seen—I know she knows—that the Government’s programme of public ownership will progressively bring train operations currently in the private sector back into the public sector. At the point of transfer, the transfer of undertakings regulations of course require the pay and conditions of staff to be maintained. As we progress with Great British Railways, the consultation which will lead to the wider railway Bill will determine future employment policy, working with staff and the trade unions.
The issues with Northern have a long history. One of the disputes that we inherited there is so old that its conditions are prior to the change in law about the expiry of mandates for strike action—I think it dates from 2017. It is taking a lot of sorting out; the Government are committed to do that. The noble Baroness is right: the conditions of service, which require work on only six days a week and rest days on the seventh, are no longer appropriate for a modern railway. We will have to change that, but we will do that in discussion and consultation with the staff.
Lord Hannett of Everton (Lab)
My Lords, I think I was getting so excited by the debate. I think that all in this House would concur that the disputes of the railway industry were lengthy and to the detriment of many people, including rail users. Can the Minister give a bit more insight into what actions his department took in seeking to resolve the long-standing industrial disputes at Northern Trains during the last four years, when it has been in public ownership, and how that contrasts with the previous Administration?
Lord Hendy of Richmond Hill (Lab)
I thank the noble Lord for his question. The lengthy disputes were damaging to passengers and to the railway’s revenue and sapped the morale of the staff—and, indeed, of the management. In particular, in relation to Northern, the number of disputes and the length of time for which they have taken place reflect the fact that no serious effort seems to have been made to resolve them in the time that the company was in the ownership of the last Government. The previous Secretary of State, the current Secretary of State and I are absolutely resolute that we have to resolve these issues. They are quite deep-seated, but as we are here today, the management and the trade unions are in discussion about how to do that, and we are strongly supporting them.
Lord Moylan (Con)
My Lords, I start by commiserating with the Minister on the fact that transport does not appear to be being mentioned in the latest great reset speech today. It must be tough not being a priority. On the running of the railways, the noble Lord knows better than anybody else that, to run a railway, you need management with strong focus and a strong hand. Does he not accept that the morale of management at the train operating companies is absolutely shot to pieces as a result of the recent legislation, while it waits for the Hendy axe to fall, and that, in effect, at least over the next few years, the railways are being run by the unions—much as the Government appear to be being run by the unions?
Lord Hendy of Richmond Hill (Lab)
There is no need to reflect the Government’s policy on railways in any particular speech by any member of the Government. We have a clear direction to go in, and we are going there. On the management of the railways, I have to say, if the noble Lord opposite knew the managers as I did, he would know that many of them were in fact rather pleased that there is now a direction. Their morale, as with my own when chairing Network Rail, was significantly damaged by the promise of reform, which started after the May 2018 timetable debacle and was not fulfilled by the previous Government. This Government are going to do it.
Lord Evans of Rainow (Con)
My Lords, the shortage of train crew is indeed one of the many reasons why we have cancellation of trains, but the puzzlement is—I would like the Minister to look into this—that, if there is a shortage of train crew, surely the company should know that the day before, or at the very least at the start of the working day? Many of the cancellations are at very, very short notice. I will give the example of Euston station. On many occasions, a train is cancelled at very short notice, which has a significant impact on crowd control within the concourse. Will the Minister look into why train companies leave it to very short notice to say that the train is cancelled due to a lack of train staff—whether it is drivers or managers?
Lord Hendy of Richmond Hill (Lab)
Whether the train is cancelled at a moment’s notice or 28 hours or 48 hours in advance, none of that is good enough. I myself am puzzled by the number of times an apparently competent train company does not seem to have enough staff at short notice. The House may realise that I know how to deal with this. If you have not got enough volunteers to work on Sunday, somebody senior ought to be at the train crew depot on Friday afternoon, putting their arms around the staff and saying, “Would you work on Sunday?” That is what I am expecting from railway managers. We are expecting, in the new world of a joined-up railway, that the management will concentrate on that to the benefit of passengers.
Baroness Pidgeon (LD)
My Lords, latest statistics show that Northern Trains is the worst-performing train company across all types of cancellations, and 80% of those cancellations are caused specifically by the operator. The Minister has talked about resolving issues, but what specific action will he take to tackle this poor performance from a public sector company to ensure that passengers receive the frequent and reliable service that they deserve?
Lord Hendy of Richmond Hill (Lab)
The Northern staffing and industrial relations issues are intractable and, as I said, have been there for a very long time. In the past five months or so, we have at least got to the bottom of how many disputes they have, what they are about and how they might be resolved. The management of Northern is working hard to do that. It is unacceptable—the Government are clear that it is unacceptable—but there is no point in just painting it as a public sector operation. It was brought into public ownership four years ago because the service was dire then. All I can say is that not much effort was made to sort it out in the four years until this Government took office.
Lord Berkeley (Lab)
My Lords, yesterday the Government announced the first transfer, of South Western Railway, to government ownership—I think next May. Can the Minister confirm that what he has told the House about the new industrial relations arrangements for rest-day working and such things will be in place, so that from May, South Western Railway will have a 100% attendance for all staff as necessary?
Lord Hendy of Richmond Hill (Lab)
My noble friend knows as well as I do that actually these matters need to be resolved with staff representatives on a continuing basis. The transfer of South Western to public ownership will improve the performance of the railway, because it will be more coherently run between the track and the train. Of course, I cannot commit to perfect industrial relations from day one, but we will make sure that the resources are available for that to be done, and we shall also review, in each of the transfers, where we stand before the transfer, what needs to be done and how quickly it can be done after the point of transfer.
Road Transport (International Passenger Services) (Amendment) Regulations 2024
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Lord Hendy of Richmond Hill
That the draft Regulations laid before the House on 28 October be approved.
Relevant document: 7th Report from the Secondary Legislation Scrutiny Committee. Considered in Grand Committee on 2 December.