English Devolution and Community Empowerment Bill

Lord Hendy of Richmond Hill Excerpts

Report stage
Thursday 26th March 2026 Lords Chamber

[Lord Moylan (Con)]

My Lords, I am beginning to feel slightly left out. I have not been the beneficiary of a large amount of correspondence from the Minister in the way other noble Lords scattered around the Chamber appear to have been. I do not have the advantage of his support and the wording that he might have supplied to help me make my speech.

I was very interested in the issues raised by the noble Baroness, Lady Bennett of Manor Castle, and I look forward to hearing the Government’s response to them. I also had a great deal of sympathy with the remarks made by my noble friend Lady McIntosh of Pickering.

I will just pause for a personal recollection about the Highway Code. Back in, I think, 1973 or 1974, I was part of the team representing my school, which was triumphant in the West Midlands competition on mastery of the Highway Code. It was a sort of quiz and we had to train for it, but it was sponsored by the Royal Society for the Prevention of Accidents. To this day, I still have a very detailed recollection of the contents of the Highway Code as it stood in 1974. The most devastating consequence of this afternoon’s debate is that I have learned only today, from my noble friend Lady McIntosh of Pickering, that it has become a very much larger document and that it is available only online. I have been living by the 1974 version very satisfactorily ever since.

But my noble friend makes a very serious point and she illustrates a degree of confusion and delay on the part of the Government. The uninsured losses that have been accumulating in the motor insurance system have fallen to the expense of responsible motorists, who pay their insurance. They are paying for all these uninsured losses and the Government will have to deal with that. If the Minister is not in a position to do so today, I agree with my noble friend that the Government will need to return to it urgently—certainly in the next parliamentary Session.

I do not object to the government amendments on pavement parking; I broadly welcome them. I find most attractive that they very properly make it a local decision, including on the exemptions required. It is very unlikely that there will be a blanket ban on pavement parking in any part of the country—there will have to be some exemptions in certain areas—but these matters should be decided locally and sensitively in consultation with residents.

That brings me to my Amendments 104 and 105, where I am motivated by a similar consideration of the sensitivities of local residents. I am grateful to the noble Lord, Lord Shipley, for indicating his support for these two amendments. Through this Bill, the Government are creating a key route network that I imagine is not unlike the red route network in London, but applied to other great conurbations. Unfortunately, there is no restriction on the roads in which that network could be created.

The purpose of my amendment, which we debated in Committee, is to prevent that network being created on residential and minor roads, in essence. The way that I have done that—and it is a slightly rough measure—is to confine the key route network to

“classified numbered roads carrying strategic motor traffic”.

I realise that some of those roads may also be residential in character, but at least they are major roads at the moment, so the residents know where they stand. People need to be protected from the thought that their possibly quiet residential road could become an extension to an urban motorway, with very little say on their own part. The purpose here is to protect those people, and I think the Government could easily agree to this, because it is most unlikely that they would want those consequences to arise, and this would be a way of protecting from them. I give the Minister notice that, unless he is very accommodating on this point, I will test the opinion of the House.

Finally, my Amendment 103—again debated in Committee—would leave out Clause 27. The history of this clause is that, when the Greater London Authority was created, the Mayor of London was given the power to dispose of non-operational land belonging to TfL, but only with the approval of the Secretary of State. There would have to be permission from the Secretary of State before the disposal should take place. The effect of the Bill is to remove that requirement and to leave it entirely to the Mayor of London.

I emphasise that the comments I am making have no relationship to the current, or any other, incumbent. The remarks I am making arise because, since the Greater London Authority Act was passed, the mayor has had housing responsibilities added to his portfolio. Those responsibilities did not exist in 1999; I think it was the Localism Act 2011 that added them, but it was around that time that housing responsibilities were added. There is now, irrespective of the personality of the incumbent, an institutional conflict built into the mayoralty about the best use of land under his disposal: would it be for transport purposes or housing purposes? Depending on the political pressures on him at a particular time, poor judgment might be exercised in deciding on the disposal of that land.

The effect of my amendment in removing Clause 27 would be simply to maintain the status quo: the mayor may order to TfL to, or may on behalf of TfL, dispose of TfL land, as currently, but he would require, as currently, the approval of the Secretary of State. That is an important point for ensuring the proper integrity and responsibility over any decisions to do with the disposal of land given the potentially conflicting roles that the Mayor of London has in this regard.

I think this has been a very useful debate, and I look forward to hearing what the Minister has to say, since, at least in my case, it will be for the first time.

[The Minister of State, Department for Transport (Lord Hendy of Richmond Hill) (Lab)]

My Lords, I thank the noble Lords, Lord Moylan, Lord Shipley and Lord Bassam, and the noble Baronesses, Lady McIntosh, Lady Pidgeon and Lady Bennett of Manor Castle, for their amendments, and my noble friend Lord Berkeley for his contribution. I say in response to him that this Government are very much in favour of mobility, but it has to be subject to appropriate regulation. I would also be delighted to supply the noble Lord, Lord Moylan, with scripts for his future speeches in response to Bills such as this; my only condition is that he reads them as I give them to him. I will try not to shower him with more correspondence than he needs.

Government Amendments 245 and 265, on pavement parking, will enable the safe use of the pavement by all pedestrians, especially people with mobility or sight impairments and those with prams, pushchairs or luggage. On 8 January, my department published the response to the 2020 public consultation on pavement parking. I am grateful to my noble friend Lord Blunkett for tabling an amendment in Committee on this subject, and I am sorry that he is unable to be in his place today, but I am delighted that my noble friend Lord Bassam has so clearly echoed his views.

Amendment 265 enables the Secretary of State to make regulations to create a coherent and adaptable framework under which English local transport authorities could prohibit parking motor vehicles on pavements and verges in their areas. The prohibition introduced by regulations will be subject to civil enforcement. The regulations under the new clause will address matters including how local transport authorities will exercise the power to prohibit pavement parking, which vehicles would be excluded, permissible exemptions for parking on the pavement in a prohibited area, and the governance by which local transport authorities decide to implement a prohibition, among others.

These regulations will be subject to the affirmative procedure so that Parliament can examine and approve the detailed regulatory framework before it takes effect. In the meantime, we plan to give local authorities powers later this year to issue penalty charge notices for vehicles parked in a way that unnecessarily obstructs the footway. This can be achieved through secondary legislation.

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[Lord Moylan (Con)]

It was not my suggestion that the mayor needed to be supervised: it was the suggestion of the Labour Party drafters of the 1999 GLA Act, which I am simply standing up for. So reject it by all means, but do not cast that upon me.

[Lord Hendy of Richmond Hill (Lab)]

I say to the noble Lord that the successors of those people have changed their minds, so it is about time that he did, too. We have had the experience of three mayors, over 25 years, and there is no evidence that they have been incapable of taking these decisions. In 1999, there had not been a mayor, but the mayoralty has self-evidently been very successful.

We discussed Amendments 104 and 105 in Committee and I said that the powers in the Bill were based on the principle of devolution: that is, it should be for places to consider what is right for them. We plan to use the existing powers available to us in the Levelling-up and Regeneration Act and the Local Democracy, Economic Development and Construction Act to provide concise guidance on the designation of key route networks, as well as on the use of the associated power of direction. This will assist combined authorities and combined county authorities in considering factors that should be important in designating a key route network road, including traffic levels, public transport—especially buses—and links to key employment or development sites. That balance will help places in their consideration of important factors on designating roads, as well as respecting principles of devolution and the fact that such choices are ultimately local. We intend to produce such guidance very shortly.

There are strong reasons why roads that are not classified numbered roads could be key routes under certain circumstances. They might well be roads with high levels of bus and public transport use, or linked to locally important employment or development sites. In both cases, the number of people carried, as well as numbers of vehicles, might be important in the designation. I hope that the commitment I have given to produce guidance on designating a key route network and using the associated power of direction will reassure the noble Lord that we have considered the reasons behind his amendment. I also thank the noble Lord, Lord Shipley, for his helpful intervention on that and for our recent discussions.

Amendments 107 to 113 relate to the duty to provide reports on traffic levels. I understand the noble Baroness’s desire to align duties with others in particular geographies, in this case with local transport plans. Any duty to make reports on traffic should be accompanied by meaningful powers to affect such reports directly. There should not be a duty to make a report without any power to affect it, but that is why there are changes elsewhere in this schedule to give mayors of combined and combined county authorities powers to direct highway authorities in the use of their powers on key route network roads. That aligns with the geography on which they will produce these reports. In contrast, these amendments would give combined and combined county authorities duties to make reports on traffic on non-key route network roads, but without any direct control of the traffic on them. As was noted in a similar amendment in the other place and discussed in Committee, this proposal is duplicative. Principal councils already have a duty to make such reports for local roads in their area and, as the highway authority with the relevant powers, are best placed to influence traffic levels on those roads.

Amendments 114 and 115 refer to local transport planning. Close working between strategic authorities and constituent councils is vital to support a successful local transport network. Clause 29 supports this close working by requiring the constituent council to implement the strategic authority’s policies set out in the local transport plan and to have regard to the proposals in the plan. This clause extends an existing duty placed on some existing constituent councils and aims to standardise arrangements for all constituent councils. The clause is intended to maintain a balance, encouraging close collaboration between strategic authorities and constituent councils, without giving the strategic authority excessive control over how councils manage their local highway network. These amendments would undermine this balance by requiring constituent councils to implement rather than have regard to proposals in a local transport plan, giving strategic authorities indirect powers over how constituent councils manage local roads.

Amendment 116 refers to reviewing and updating local transport plans. Adopting a local transport plan is a key strategic decision for non-mayoral strategic authorities. For existing non-mayoral strategic authorities, all constituent councils have to agree to adopt the local transport plan. This approach is in line with the Government’s commitment in the English devolution White Paper to ensure that all strategic decisions for non-mayoral strategic authorities would have the support of all constituent councils. Under existing legislation, it is up to local transport authorities to keep their local transport plans under review and amend them to reflect local transport circumstances. The Government will produce updated guidance for local transport authorities on local transport plans. This will provide advice about when authorities should review and update their plans, and the mandatory intention of the amendment is therefore not needed.

Amendment 117 would remove the word “workplace” from the framework. Extending the levy-introducing power to spaces other than workplaces would be a significant extension, and not necessarily a desirable one. The aim of workplace parking levies is primarily to reduce congestion, which is greatest at peak commuting times. Furthermore, the definition of parking spaces to which this framework applies is set out clearly, so this part of the amendment would not have its desired effect. The amendment would also add strategic authorities to the list of bodies that can introduce a workplace parking levy.

I touched on this in Committee, in response to an amendment tabled by my noble friend Lord Bassam of Brighton. As I said then, I am aware of calls for a greater role for strategic authorities and their mayors. The Nottingham scheme has been a success, and it is understandable that strategic authorities would like to play a greater role here. However, I know that a number of local traffic authorities are considering introducing schemes and we need to consider carefully the impacts of any changes on existing plans.

Finally, this amendment would add the local transport plan to the definition of local transport policies, which a workplace parking levy must support, under the Transport Act 2000. As I know the Minister set out in the other place, the 2000 Act already defines local transport policies with reference to the local transport plan, so this change is unnecessary.

Amendment 118 would have no effect, I am afraid. Local authorities outside London already have powers under Section 55 of the Road Traffic Regulation Act 1984 to direct surplus parking revenue towards highway improvement projects. These include maintenance under certain circumstances within the meaning of Section 62 of the Highways Act 1980.

I turn to the environmental improvement element of the amendment. Adapting the highway to future resilience needs is an established part of highways maintenance best practice and is therefore already included under the Act. Likewise, improvements to the natural environment within a highways context support pollution reduction and are also included. The definitions in the Act are already broad enough and do not need to be expanded further. I therefore ask all noble Lords not to press their amendments, and I beg to move the amendments in my name.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I thank the Minister for a typically thoughtful and comprehensive response to a very large and complex group of amendments, and I thank all noble Lords who have taken part in debating this group. I also join other noble Lords in celebrating government Amendments 245 and 265. I have been in your Lordships’ House for more than six years and I have heard much talk of doing something about pavement parking. At the weekend I happened to be in Chorley, where people were pointing out to me particularly egregious examples of such. I know from Sheffield that there was quite a phase of social media having daily “awful piece of pavement parking” posts, so I think this is really encouraging.

English Devolution and Community Empowerment Bill

Lord Hendy of Richmond Hill Excerpts

Committee stage
Thursday 5th March 2026 Grand Committee

[Lord Moylan (Con)]

My Lords, I thank all noble Lords for their thoughtful contributions to this important debate, which goes to the heart of both public safety and the need for flexibility within our transport system. The proposed introduction of national minimum standards has an important role to play in delivering consistency across the country, but it is to be run alongside a system where local licensing authorities can add to those standards, as local flexibility and responsiveness is of course important. The Government’s responsibility in this context must be to ensure that such variations do not place unnecessary burdens on operators.

There is also the issue of cross-border services, which are essential for many passengers. While these services continue, they raise legitimate concerns about how they are to be regulated. In her report, the noble Baroness, Lady Casey, recommended more rigorous standardised statutory requirements across all licensing authorities in order to close the loophole whereby a driver can be licensed in one area but work exclusively in another. Ultimately, it is important that the Government recognise the need for a licensing framework that comprehensively deals with abuses, supports operators and keeps public safety at its core.

Regarding the amendments tabled by my noble friend Lord Borwick, he is right to point out that all London taxis are accessible. He has long been a consistent and principled advocate on this issue. Over many years, he has drawn attention to the importance of ensuring that those with disabilities are not left behind by our transport system. His work has helped keep accessibility firmly on the policy agenda. The case he advances appears to be both practical and fair. He makes a compelling argument: accessibility should be viewed not as an aspiration but as a standard that passengers across the country can reasonably expect. Although achieving this may present challenges in some areas, the progress made in London demonstrates what is possible in the right circumstances. As I say, my noble friend has made persuasive arguments as to why this requirement should apply more widely, strengthening independence for disabled passengers and promoting a more inclusive transport network. I therefore look forward to hearing what the Minister has to say in response to this important point.

[The Minister of State, Department for Transport (Lord Hendy of Richmond Hill) (Lab)]

My Lords, I thank the noble Lord, Lord Borwick, my noble friend Lord Blunkett and the noble Baroness, Lady Pidgeon, for their amendments on taxi and private hire vehicle national standards, licensing authorities and enforcement powers, and all other noble Lords who have spoken in this debate.

For me, this is a bit of déjà vu because, as the commissioner of Transport for London 15 years ago, I personally, with others, worked very hard on the Law Commission’s work on taxi legislation, but, sadly, nothing was done as a consequence. As the noble Lord, Lord Hampton, remarked, the work is, sadly, substantially out of date, principally because, in those 15 years, the growth of the private hire sector of this market, which many users regard as interchangeable, has been enormous. I will come back to that.

I will begin with Amendments 235A, 235D and 260A. The Government recognise the pressing need to reform the regulation of taxis and private hire vehicles. The current legislation is archaic and fragmented. I am absolutely aware of the challenges that the current licensing framework can cause, and of the huge variation in the supply and use of taxis and private hire vehicles across both urban and rural areas in the country.

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[Lord Hendy of Richmond Hill (Lab)]

I can absolutely confirm to the noble Baroness that I will do exactly that. It is a very important subject.

[Lord Borwick (Con)]

On taxi accessibility, is the Minister arguing that the local requirements of disabled people might be different in one area from those in another? Surely, that is completely wrong, because the whole purpose of this is to organise transport—that a disabled person in London should be able to travel to Penzance and know that in Penzance there are the same standards of accessibility. It is in the nature of travel that people change their location; therefore, they surely need to have the same standards. It is the job of the Government, as was put in the Disability Discrimination Act 1995, that they set the regulations that can be met by as many disabled people as possible. That I would approve of, but saying that we cannot do anything just in case there is a difference in the local arrangement seems to me more in the nature of an excuse than a plan for the future.

[Lord Hendy of Richmond Hill (Lab)]

I am certainly not arguing that the needs of disabled people are different in different areas, but—and some noble Lords have heard this in the course of meetings that we have already had on this Bill—I am expressing that there are extraordinarily different sets of local circumstances across the country and that what the park of vehicles in local areas consists of is very different in different places, and serves quite different purposes.

Planning and Infrastructure Bill

Lord Hendy of Richmond Hill Excerpts

Report stage
Wednesday 22nd October 2025 Lords Chamber

[Baroness Pinnock (LD)]

Excellent. I am pleased that he has, though I wonder whether he has, therefore, understood it. It is surprising that he has chosen to create legal uncertainty, which is what would happen with his amendment. Its consequence appears to be that developers needing a temporary use of land have in the past had to use compulsory acquisition powers if the landowner was not prepared to provide a temporary use. The Bill provides more assurance for both landowners and those improving or constructing new roads. For us on these Benches, the amendment makes no sense except as a tool to frustrate road improvements, and we will not support it.

[The Minister of State, Department for Transport (Lord Hendy of Richmond Hill) (Lab)]

My Lords, I thank the noble Lord, Lord Moylan, for the amendment, which seeks to remove the Secretary of State’s ability to grant powers to an acquiring authority to compulsorily possess land necessary to facilitate delivery of highway schemes. The purpose of the measure is to allow acquiring authorities to temporarily possess land when needed for highway works to the exclusion of others without resorting to permanent acquisition.

Permanent acquisition of land or acquiring the freehold or long leasehold title of the land would mean that the acquiring authority would own the land outright and permanently. This is unnecessary and disproportionate when the land is needed only temporarily. In the event that agreement cannot be reached, this clause would enable an acquiring authority to compulsorily acquire the right to temporarily possess and occupy the land needed to facilitate the delivery of a highway scheme.

The rights of an applicant to temporarily possess or occupy land are routinely granted in development consent orders and Transport and Works Act orders. Furthermore, the power would use the same land compensation provisions as apply to compulsory purchase, adapting them as necessary to effect the temporary nature of the interest being acquired.

The noble Lord, Lord Moylan, quoted the National Farmers’ Union. It is not a new power; it is an implied right to take land temporarily that already exists and is already used, but the Government’s Bill makes it explicit.

Temporary possession is a well-established legal concept. It provides certainty and practical powers essential for the safe, efficient delivery of infrastructure works. Temporary possession would offer an acquiring authority—being a local highway authority or National Highways—a safe and proportionate route to exclude others from the land temporarily. This is critical when the land is needed for highways works. It could involve storing equipment and construction materials or manoeuvring large construction vehicles, as well as creating temporary routes to keep works traffic off the highway.

Temporary occupation, on the other hand, as the sole remaining power under the amended clause, would not confer the right to exclude others. This would pose serious safety risks and could undermine project delivery. Without clear powers, authorities would be unlikely to use the amended provision. It would risk introducing legal uncertainty, prolonging negotiations, leading to an increase in objections and public inquiries, all of which would increase costs and could delay delivery.

The Highways Act 1980 already contains powers covering the compulsory acquisition of land and rights in and over land. Clause 33, as I have said, would make it explicit that those powers can also authorise temporary possession. Clause 33, as currently drafted, provides the legal certainty, operational clarity and safeguards necessary for the safe and timely delivery of infrastructure projects. It does not create a new power; it is about ensuring that highways infrastructure can be delivered safely and proportionately.

Having, I hope, clearly defined the difference between possession and occupation, I also say to the noble Lord, Lord Moylan, that this is not an attempt to own the land. In fact, it is clearly designed not to own the land, so that the title to the land would not change; it would be a right to occupy the land.

Finally, the noble Lord raised the question of how long it would be after works finish that the land can be possessed and whether there would be a need for guidance. That clearly is a subsidiary matter; I will take that subject away and write to him on it afterwards. I therefore kindly ask the noble Lord to withdraw his amendment.

[Lord Moylan (Con)]

My Lords, I am grateful for the Minister’s comments. However, I thought I asked some fairly precise questions, and I do not feel that he has answered the questions with the precision that I was hoping for. Therefore, at the appropriate moment, I will seek to test the opinion of the House.

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Will we see the same restraint and care when there may be millions of cables crossing the pavement, not laid and protected by construction companies but as a result of some of the drivers who park on the pavement at the moment, who perhaps could not care less, or by the cyclists who drive on the pavement and dump their electric bikes there? I will say no more on that, but I urge the Government to ensure that, in future, if they have charging points on the pavement, they take steps to make sure that cables crossing the pavement are not dangerous for any disabled users, whether they are in wheelchairs, walking or blind. I hope that we can have assurances on that point.

[Lord Hendy of Richmond Hill (Lab)]

My Lords, I thank the noble Baroness, Lady Pidgeon, for tabling Amendments 52 and 57, which are important. The rollout of public and domestic charge point infrastructure is vital to ensuring a smooth transition to zero-emission vehicles, particularly for those without access to off-street parking.

Amendment 57 seeks to simplify the installation of cross-pavement charging solutions by granting permitted development rights. The Government have listened to the concerns raised by noble Lords on this matter and further support the aim that the noble Baroness intends with this amendment. As such, we will launch a consultation on introducing permitted development in the coming months. It is important that a consultation is undertaken to consider the impacts of such a permitted development right and to develop appropriate mitigations should the proposal be taken forward. Subject to the outcome of the consultations, we will make changes quickly under secondary legislation through the Town and Country Planning Act to simplify cross-pavement charging solutions by granting permitted development rights.

The second amendment proposes to treat cross-pavement charging solutions as public charge points under Clause 47, allowing installation without a Section 50 street works licence. Section 50 licences provide local authorities with the statutory means to supervise and regulate third-party works on public highways, ensuring that standards of safety, quality and responsibility are upheld. This oversight is especially important in developing areas such as cross-pavement charging to avoid some of the difficulties that the noble Lord, Lord Blencathra, just outlined.

While the public charge point market is now relatively mature, with over 86,000 installations in the UK, the cross- pavement solution space remains nascent with just a few hundred installations to date. Given this disparity, it is appropriate that Section 50 licences continue to be used for cross-pavement installations. As my department intends to consult on expanded permitted development rights, it would also not be appropriate to remove the need for Section 50 licences at this time, as that would remove those key checks and balances for local authorities.

However, a delivery model that is already available to local authorities is to use their own highways teams. In doing so, they can already access street works permits to directly install cross-pavement solutions and avoid the need for a Section 50 licence. This approach gives local authorities power to make delivery decisions at a local level, while maintaining oversight and the choice of delivery model. Having listened to the noble Baroness’s concerns, my department will write to local authorities in England to highlight that this is an important option that should be considered.

As well as this, the Government are working to improve consistency and accelerate rollout through dedicated funding, clear guidance and sharing best practice. This includes £25 million in grant funding for cross-pavement channels in England, new and additional guidance and the aforementioned consultation on expanding permitted development rights. For these reasons, I kindly ask the noble Baroness not to press her amendments.

I turn to Amendments 53 and 54 from the noble Lord, Lord Moylan. The purpose of Clause 47 is to support the rollout of essential EV charging infrastructure across England. This clause is an essential measure for simplifying the application and approval measures for public EV charging points in response to increasing demand for charging infrastructure. The amendment tabled by the noble Lord undermines this and adds additional burdens on local authorities, ultimately slowing down rollout.

Only in certain cases does a local authority choose to dedicate a parking bay for EV charging. In such situations, the current framework—such as the use of traffic regulation orders—already enables highway authorities to manage parking on public roads efficiently. Where an EV charging bay is needed, a traffic regulation order can be implemented to allocate the space. The procedure for putting a traffic regulation order in place includes public consultation and the formal announcement of the authority’s intentions. In cases where installation work temporarily disrupts existing parking arrangements, a temporary traffic regulation order may be used. Here, too, authorities must publish their intention to suspend a parking bay in advance. My department also provides statutory guidance: the Code of Practice for the Co-ordination of Street and Road Works, which promotes early engagement and consultation among all relevant parties before works.

It is vital that our regulatory framework supports progress rather than creating unnecessary obstacles. Imposing an additional requirement for impact assessments at this point would place an excessive strain on highway authorities—a challenge that will only intensify as applications for charge point installations continue to increase. Expecting authorities to undertake detailed assessments for every permit application to install a public charge point would not only introduce additional costs and administrative pressure but hinder their ability to meet the timings prescribed in the existing statutory guidance, which sets out the parameters for response times for permit applications.

I thank the noble Lord, Lord Moylan, for tabling Amendment 54 on enabling residents or businesses to request a formal review where electric vehicle installations reduce access to conventional parking. This proposed amendment would require highway authorities to conduct formal reviews of electric vehicle charge point installations at the request of any resident or business, regardless of the scale of concern, within 30 days. This would, again, place unnecessary burdens and costs on authorities, diverting resources away from essential delivery work and risking delays in our drive towards net zero. At a time when we must accelerate electric vehicle deployment, we cannot afford added obstacles. Furthermore, allowing retrospective reviews at the request of individuals risks reopening settled decisions.

The statutory guidance for highway authorities operating permit schemes provides clear powers to assess the impact of street works and to impose conditions aimed at mitigating disruption, including the loss of parking. Authorities are expected to exercise these powers, ensuring that permit conditions are proportionate and aligned with the broader objectives of network management. This amendment would add complexity without delivering meaningful benefit. It would risk slowing the pace of electric vehicle infrastructure deployment and undermining the confidence of delivery partners.

I note the views of the noble Lord, Lord Blencathra, on the future of electric vehicles. The noble Lord is welcome to his views, but the Government do not agree with him. In any event, we need to make provision for electric vehicles that are already on the roads today. The Government’s Bill seeks to do that. Returning to Amendments 53 and 54, I ask the noble Lord, Lord Moylan, not to press them.

Amendment 55 in the name of the noble Lord, Lord Borwick, relates to accessible charging. I assure the noble Lord and the noble Baroness, Lady Grey-Thompson—indeed, all in your Lordships’ House—that this Government are very mindful of the difficulties faced by drivers with disabilities. The noble Baroness graphically described why we need to take action. Given that there will be an estimated 2.7 million disabled drivers or passengers on the roads by 2035, making public charge points accessible is not just about being fair and inclusive; it is vital.

As a result, the Government are supporting the adoption of accessible electric vehicles—including wheelchair-accessible models—and the infrastructure that supports them by encouraging their production and uptake through regulatory and policy incentives. My department and the Motability Foundation previously co-sponsored the British Standards Institution’s creation of the first global set of standards for accessible charge points—Public Accessibility Standard 1899:2022 —to provide a specification for designing and installing accessible public EV charge points.

However, we acknowledge that the adoption of these standards has not met expectations to date. Given the importance of ensuring an accessible charging network, my department and the Motability Foundation commissioned the British Standards Institution to review the adoption of the standards and any changes needed to accelerate their uptake and to improve accessibility. As the noble Lord, Lord Borwick, said, this review has involved a range of stakeholders, including disability advocacy organisations, consumer bodies, industry, the devolved Governments and others. It has identified challenges with the current standards and will be published shortly.

The review of this standard demonstrated a clear commitment from across the sector to ensure that charging is accessible for all drivers and has recommended changes and revisions to address these challenges. In addition, there are, of course, certain requirements that businesses, including those providing public charging, must follow under the Equality Act. Although the Act sets out these general duties, specific standards, such as PAS 1899:2022, help to ensure charge points are accessible in practice. I was pleased to hear from the noble Baroness, Lady Grey-Thompson, that Newport City Council has done well in this respect; of course, we want all other local authorities and private providers to do the same.

The priority at this stage must therefore be to work with stakeholders across the sector to address the findings of the recent review. We believe that there is clear support for this plan from interested parties and the groups that contributed. Following this, we will monitor the adoption by industry and the impact on accessibility carefully to evaluate whether even further measures may be needed. In the Government’s view, it would therefore be premature to seek legislative measures to mandate the requirements at this stage.

I recognise that these provisions are fundamentally enabling powers, and I am grateful to have been able to speak to the noble Lord, Lord Borwick, yesterday afternoon, since he tabled his amendment. Although I cannot currently accept his amendment, and therefore ask him not to press it, the Government will continue to consider this issue. I can assure him that all the groups that I have mentioned will continue to play a vital role in accessibility and taking forward the findings of the review. I will continue to work with him and the noble Baroness on this matter to see what we can do to speed up the process.

[Baroness Pidgeon (LD)]

I thank the Minister and his team for meeting me a number of times, including during recess, to discuss the amendments that I have tabled. Finding ways to make it easier for people who do not have driveways to move to electric vehicles is so important for our green transition. I welcome the Minister’s commitment to a consultation on permitted developments, followed by secondary legislation as soon as possible, and to write to all local authorities to effectively help speed up works to help those seeking cross-pavement solutions. On that basis, I beg leave to withdraw my amendment.

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[Lord Hendy of Richmond Hill (Lab)]

I thank the noble Lord, Lord Jamieson, for moving this amendment on a new national lane rental scheme. As the noble Lord says, he and I have exchanged correspondence on this issue, for which I also thank him. This Government are committed to reducing disruption from street works and improving the efficiency of our road networks.

Lane rental is a valuable tool that enables highway authorities to charge utilities up to £2,500 per day for works on the busiest roads at the busiest times. These charges incentivise quicker completion, off-peak scheduling and alternative locations to minimise disruption. Existing schemes, not only that in London with Transport for London—a scheme I happened to have the privilege of introducing in my time as the commissioner at Transport for London—but those in Kent, Surrey, East and West Sussex and other applications that are in train, show that lane rental encourages more thoughtful planning and has proven effective in reducing disruption where congestion is most acute.

However, lane rental is not suitable for every area or every road. Many local authorities do not experience the levels of congestion needed to justify the administrative and financial burden of operating such a scheme. We remain committed to empowering local authorities but we must be mindful that there is a risk that extending lane rental powers universally could lead to an inconsistent and fragmented approach across the country. The Government recognise the value of local leadership. That is why, in our devolution White Paper, we committed—subject to consultation—to devolving approval of local lane rental schemes to mayoral strategic authorities. We have consulted on this proposal and will publish the results and next steps as soon as we can.

In relation to proposed revenue ring-fencing, from January 2026, highway authorities operating lane rental schemes will be required to spend 50% of surplus lane rental charges on highway maintenance, including the remediation of potholes, and the remaining 50% on measures intended to reduce the disruption or other adverse effects arising because of street works. These requirements will be set out in legislation and updated guidance, ensuring a balanced and targeted use of funds. For the reasons outlined, I therefore ask the noble Lord to withdraw his amendment.

[Lord Jamieson (Con)]

My Lords, I am somewhat disappointed by the Minister’s response, because I think we should have a national scheme that can be opted into—and so would still be very much a local scheme—but I beg leave to withdraw my amendment.