E-scooters and E-bikes

Debate between Lord Hendy of Richmond Hill and Baroness Randerson

Thursday 19th December 2024 Lords Chamber

[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.

Train Crew Shortages

Debate between Lord Hendy of Richmond Hill and Baroness Randerson

Thursday 5th December 2024 Lords Chamber

[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—

Bus Funding

Debate between Lord Hendy of Richmond Hill and Baroness Randerson

Tuesday 19th November 2024 Lords Chamber

[Baroness Randerson (LD)]

My Lords, I am pleased to welcome the Statement made by the Secretary of State in the other place. Bus services outside London have been allowed to atrophy and die for far too long. They are vital to society and our economy. They are used by the poorest, the oldest and the youngest. Although we love to talk about trains here, buses are the most used form of public transport.

The funding information in the Statement, as far as it goes, is welcome, as are the commitments to reform. The situation with buses has been too complex, too fragmented, too short-term and too competitive. In practice, the competition has led to money going to, in effect, the councils that are best at filling in the forms rather than those most in need.

Courtesy of the Campaign for Better Transport, I have some illustrative statistics. Why should Swindon get £3.98 per head for buses and Reading, just down the road and not dissimilar in size, get £168.68 per head? No formula would explain that. Of course, Reading has extremely good buses as a result of extremely good funding.

There are currently six different funding pots. We need one single integrated fund with “long-term” written all over it, so can the Minister explain in more detail exactly how the current six funds will be amalgamated and repurposed?

I turn to the £3 bus fare cap and its impact. It is, of course, effectively a 50% fare increase in an industry that has already seen fares rise by 59% since 2015, so it will have a huge impact. Yet there were reports at the weekend that the Secretary of State had said that maybe it would be linked in some way to the rate of inflation. Will the £3 cap be applied in the same way as the £2 cap, or will it be amended in some way? What analysis have the Government made to lead them to abandon the £2 cap, which appeared to be working well?

In many areas, particularly rural areas, demand-responsive and Dial-a-Ride services are vital. I ask the Minister, because this is not mentioned in the Statement: what will the Government do to encourage these services to ensure proper co-ordination between local authorities, bus operators and other bodies, such as NHS trusts, so that rural areas get a better deal from the providers at various levels in their area and a structure that local people can rely on?

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

I thank the noble Lord, Lord Moylan, and the noble Baroness, Lady Randerson, for their comments on this Statement, which was made by my right honourable friend the Secretary of State for Transport in the other place yesterday.

I turn first to the noble Lord’s comments. He correctly identifies a methodological change in the way this money has been allocated. The formula used is simple but, the Government think, fair. It relates equally, in thirds, to the level of population, so the greater the population of the local transport authority the more money; to bus mileage, so the greater the bus mileage, the more money; and to the index of multiple deprivation, published by the Ministry of Housing, Communities and Local Government, which is the official measure of relative deprivation in England. That is a much fairer method of allocating money for a service that, as the noble Baroness said, is disproportionately used by people on lower incomes, women, the young and old, and is the mainstay of public transport in Great Britain.

The Government are entitled to make decisions about how they wish to spend money, but the point I most want to make is that the previous competitive system has all the disbenefits the noble Lord referred to—the time spent bidding, the costs, the use of consultants and the uncertain outcomes—whereas this method provides a much more certain way of allocating this money and is much fairer across the whole of England. Of course this money is not loose change; it is a substantial amount for a vital public service in Britain, but use of this formula is a much fairer way of allocating this money. In fact, a competition arbitrated by nameless officials on criteria that, frankly, have not been clear to the local authorities in the past is a much more likely source of rewarding “your mates”, as he refers to them, than this formula.

The noble Baroness, Lady Randerson, welcomed the Statement, and I thank her for that. There are, of course, differences in the allocations to local transport authorities, and I can probably account afterwards for the difference between Swindon and Reading. I will attempt to do so to her in due course. The allocations have been allocated by this formula and represent, in the Government’s view, a fair method of distributing a considerable amount of money. While there are some headings in the allocation—capital, revenue, some money for helping source officer help and so on—local authorities that receive the money are free to use it in the way they want. The principle the Government are delighted to have is that the capital sums can be used for new vehicles, bus stops, information systems or bus stations and the revenue can either support fares initiatives, in particular for the young—some combined authorities have kept the maximum fare at £2—or support services to enable a fair distribution of bus mileage throughout their towns and areas.

The reference the noble Baroness made to the £3 fare and the 50% fare increase is, of course, not so. Most bus journeys are short and are carried out in urban areas. With the £3 maximum, there are many fares that will not go up at all. The reference to inflation has been made by the Government to ensure that fares under £3 rise only by the rate of inflation, whereas the previous £2 limit encouraged some operators to put up their fares by far more than inflation to the £2 limit. The analysis of the effect of the maximum bus fare will be published by the department in due course.

Finally, the noble Baroness referred to demand-responsive transport and dial-a-ride. Local transport authorities that receive this money are able to spend it on bus services in the way that they want, so they are able to support demand-responsive services if those are the right way of dealing with their area. The principle is that local transport authorities know much better than government how the money is best spent. Therefore, this money has been distributed with great freedom to allow them to spend it in the right way for their area, to create economic growth and to support jobs and housing in the way that local transport does.

Rail Performance

Debate between Lord Hendy of Richmond Hill and Baroness Randerson

Wednesday 13th November 2024 Lords Chamber

[Baroness Randerson (LD)]

My Lords, I agree with the noble Lord, Lord Moylan, that this is a real time filler of a Statement, and I will not waste the time of this House by repeating some of the points he has just made that I had picked up on. Instead, I will ask the Minister some questions that flow from the rather superficial things in the Statement.

The Statement refers to ticket simplification but that is obviously still a long way off and what is being offered is a very modest measure. What passengers want to see is some kind of outward sign that the Government are taking seriously the fact that they are getting a very poor service at a very high price.

Fares went up by 5% this year and are scheduled to go up by a similar amount in March. I urge the Government to look at that again. Indeed, I challenge them to look at it again and to freeze fares in March at the current levels in recognition of the fact that rail services are not good enough to justify fare increases.

The Statement includes an update on LNER and refers to improvements in driver availability on the line. Unfortunately, that is not a general picture. Both Great Western Railway and Northern Trains regularly cite non-availability of drivers and train crew as a reason for cancellation. Can the Minister tell us what the Government are doing, across all train operators, to deal with failures of recruitment and training? That is clearly what must be happening at the moment. I fear this situation could get worse as train operators come towards the end of their franchises. I am interested in the Government’s strategy to stop this system, which is bad and getting worse.

Finally, the Statement references an improvement in industrial relations, but the Government face a big challenge as the nationalised train operator moves to one harmonised set of terms and conditions. What are the Government intending to do to ensure that the inevitable levelling up of terms and conditions properly modernises the industry and does so at a cost that taxpayers and passengers can afford, and when will they do it?

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

I thank the noble Lord and the noble Baroness for their comments. I start by saying that I could not disagree more with either of their descriptions of the Secretary of State’s Statement in the other place. All my experience as a public transport operator is that people really care about the service that they are offered on a daily basis, and I think that we should welcome the Secretary of State making a Statement about things that are happening on the railway for the service of passengers. It is really very welcome. It is very important that it is recognised as a Statement by the Secretary of State for passengers, about what is going on.

I disagree with the suggestion from the noble Lord, Lord Moylan, that these things are trivial. It is absurd, frankly, that on many journeys in northern England which are served by two companies—both owned by the Government—tickets are valid only on one of them and passengers might get fined for getting on the wrong-coloured train. Ticket acceptance, both in normal times and when services are disrupted, ought to be completely obvious, but the railway does not allow it, not even when the companies have the same owner—it is just extraordinary.

The noble Lord referred to CrossCountry cancellations being reduced. The reason they and the timetable are reduced—much to my irritation and that of the Secretary of State—was that the company which ran it suddenly found that it did not have enough drivers available. It appeared to be extraordinarily sudden, and I will come back to that in due course. The noble Lord mentioned delay minutes on TPE, but sadly his counterpart in the other place had not looked in a sufficiently granular manner at the statistics. In the last 12 months, as well as cancellations going down on TPE, delays have reduced; the statistics that were quoted were four-year statistics. I do agree with the noble Lord that it is more than this, and that is why we have said consistently—and I have been able to say consistently in discussing the Bill on which we have just had Third Reading—that there will be a much bigger Bill. But it is really important that things happen now, because people are travelling on the railway every day and they care about the service they are offered. They are offended by the stupidity of some of the existing rules which are the result of the balkanisation of the railways, and we should fix them.

Of course, the major ticket simplification that the noble Baroness referred to is a long way off, but it is one of the purposes of the Bill that has just had its Third Reading. Until we can control the fares structure and the information about fares and ticketing, it will not be possible to reform the fares system in the way that people want. The noble Lord, Lord McLoughlin, has reminded me several times of his ambition to do that in his time as Secretary of State for Transport and his frustration from not being able to do it. The fact is that we will not be able to do it until we have got hold of information that is currently commercially confidential, even though it is on a risk that has been taken wholly by the public sector since Covid.

The driver availability issues are legion, so it is worth talking about them briefly. LNER has improved because we have solved the industrial dispute. Drivers are now working rest days and cancellations are now virtually zero. However, there are cancellations on other train companies, which are caused by a railway-wide shortage of drivers—a shortage of people and a shortage of the knowledge to drive all the routes and knowledge of the tracks on which they drive. It seems astonishing, but we have had to commission work to find out how many drivers the railway is short of, because no previous Government collected that information in order to deal with it.

The Government are doing a huge amount. In the business plans of all the train operators next year, one of the inputs that I want to see is how many drivers are being trained and the availability of those drivers. I can tell your Lordships that, over my nearly 50-year career in public transport, the first thing you want to understand is how many staff you have, what they do and where they are. The fact that we cannot account for that over the railway as a whole demonstrates that we do not have workforce planning in anything like the way that we would want.

The noble Baroness made some assumptions about the future of terms and conditions on the railway. In Committee and in other discussions on the Bill, we have not made our minds up yet about what to do. However, she is right that we need a modernisation of those conditions. I used to feel uncomfortable with the pay and conditions of Tube drivers when I ran Transport for London, but it took me some time to realise that at least they were rostered for seven-day weeks. Most of the railway asks people to cover work on Sundays on a voluntary basis, which is, if not Edwardian, Victorian. Nobody sought to change it, but we must change it, because it is unacceptable both to ask the staff to give up their work rest days and to ask the passengers to tolerate a service where people are not rostered to cover what is in the timetable.

My response to both the noble Lord and the noble Baroness is that these things are important. I welcome the Secretary of State making the Statement in the other place, because people want to know not only that we have a great plan to reform the railway but that we are doing something about it now. She said what we were doing and some of it is good news.

Passenger Railway Services (Public Ownership) Bill

Debate between Lord Hendy of Richmond Hill and Baroness Randerson

3rd reading
Wednesday 13th November 2024 Lords Chamber

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

My Lords, I am hugely grateful for the robust and detailed scrutiny from all sides of this Chamber on what is an important and landmark Bill. The Government were clear in their manifesto commitment to bring passenger services back into public ownership, and we shall not pass up the opportunity to do so. We have taken a significant step towards achieving this over these last weeks. Six and a half years after the timetable crisis of May 2018, I am delighted that we have finally begun the process of reforming our railways.

I shall briefly update the House on the position of the devolved Governments. There has been constant and constructive engagement undertaken to date with both the Scottish and Welsh Governments, in keeping with this Government’s commitment to reset the relationship with the devolved Governments. I am pleased to confirm that the Motion has passed each respective Parliament. This demonstrates the unified belief in the necessity and relevance of this Bill.

I thank all colleagues involved in this process. It has been a privilege to take this Bill, one of the first major pieces of legislation for this Government, through this House. On a personal level, I am grateful to be part of the process to improve the industry, which can deliver so much for growth, jobs, housing and the Government’s missions, and to which so many are vocationally committed.

I owe thanks to my noble friend Lady Blake, who so admirably and impressively stepped in to act on my behalf for the Bill’s Second Reading. Her guidance and support on the Front Bench have been of great help.

We will finally have trains that are run for the public by the public. The Secretary of State for Transport said in the other place that her aim is to move fast and fix things. The Bill is the first step towards unravelling a failing, fragmented system and instead places the interests of passengers and freight front and centre. There is a lot of work ahead, and separate legislation will be introduced later to address the much-needed wider reforms. I extend my gratitude to a number of noble Lords who have dutifully engaged with and examined the Bill.

I congratulate the noble Lord, Lord Moylan, on his substantive appointment as the shadow Minister and on his unique and effective style of questioning. It is by no means the first time the noble Lord and I have worked together; he will recall in particular election night in 2010 when, under his and the previous Mayor of London’s political direction, we joyfully took Tube lines back into public ownership—another example of a failed transfer of public assets, in that case to a public/private consortium. However, I should remind him that we needed no reports or further constraints in making the Tube better as a result. We both knew that public ownership itself would bring greater accountability and improvements in performance, and in order to achieve that the noble Lord himself was appointed chair. I hesitate to mention it, but it was a direct appointment without competition. I have no doubt that the noble Lord will feel a similar sense of triumph today as this Bill passes to the other place.

I pay tribute to his colleagues, the noble Lords, Lord Gascoigne, Lord Lansley and Lord Young of Cookham, and I thank them greatly for their most constructive and courteous engagement. I am grateful to the noble Baroness, Lady Randerson, for her valued contribution, and I thank the noble Baronesses, Lady Pidgeon, Lady Scott of Needham Market, Lady Finlay and Lady Jones of Moulsecoomb, and the noble Lord, Lord Bradshaw, for their input in the Chamber and our separate meetings. The noble Lord, Lord Bradshaw, has of course seen it all and is a great champion and mentor for a joined-up, coherent railway.

I place on record my gratitude to the noble Baronesses, Lady Brinton and Lady Grey-Thompson. Their powerful contributions to the debates were moving, thought provoking and essential. I will not take lightly what they have shared in this Chamber. My hope is for us together to build the passenger experience for many, including the disabled, into a source of shared pride rather than a confidence-sapping lottery.

I say to my noble friends Lord Sikka, Lord Liddle, Lord Berkeley, Lord Snape, Lord Tunnicliffe and Lord Hanworth that their wisdom is hugely beneficial, so I extend my thanks to them for sharing it and for their counsel. Additionally, I thank all the officials who have supported me, especially the Bill team, who have worked so hard. Their names are Emma, Matt, Sophie, Heidi, Dani, Emily, Tom, Gabriel and Marisa, and I thank them all. Finally, I thank the Lord Speaker and the parliamentary staff.

This Bill is the first step in changing the culture of the railway and how it works in order to put passengers and freight back at the heart of the system. Only by these means can we start the great process of the reform of our railways to deliver passengers and freight better across Great Britain. I beg to move.

[Baroness Randerson (LD)]

My Lords, I thank the Minister and his team, who have been exceptionally generous with their time in offering advice and assistance on the Bill. The Minister has been willing to give many of the details that we sought about the much-anticipated big Bill that we expect next year.

In addition, the Minister offered an important amendment to the Bill, which he has just referred to, on disability access. That was in response to an amendment in the names of my noble friend Lady Brinton, the noble Baroness, Lady Grey-Thompson, and the noble Lords, Lord Blunkett and Lord Holmes. These new legal obligations will have significant implications for train operators and the rail network generally, and we are very grateful for that commitment, which will make a real difference to the lives of people with disabilities.

From these Benches, we have made it clear that we would not have adopted the same approach as the Government. We would not have divided the issue of ownership from the details of how the system will be organised and how the parts will fit together. The Secretary of State stated on Monday, absolutely correctly, that nationalisation is no silver bullet. In essence, most of the amendments that were put forward, both from our Benches and from the Conservative Benches, simply sought more information on how it would work and where the powers would lie.

As Liberal Democrats, beyond our concern about disabled access, we wanted assurances that passengers would be at the heart of the reforms and that devolution would not just be tolerated but be allowed to grow. We appreciate that the Minister did his best to reassure us on those issues; in particular, he moved some way on devolution. We therefore look forward with enthusiasm to the big Bill, when we can promise him very thorough scrutiny.

I remain sceptical that the Government have the answers to everything; for instance, whether they will genuinely be able to accept private sector operators under a public/private partnership scheme within devolution. I also have reservations about the cost to passengers of the harmonisation of terms and conditions for staff. But I always accept that the Minister understands his brief comprehensively and is absolutely in good faith in his assurances.

We send this Bill back to the other place with the amendments that were passed against the wishes of the Government and are strongly aware of the Government’s majority in the other place. We are realistic about what will happen, but I say to the Government that it would do their cause no harm to accept the good intentions of the first amendment that passed here, which simply stated that it is the duty of the Secretary of State to improve passenger standards. That is, or should be, a statement of the obvious. I hope they might consider bringing forward an amendment of their own on that.

Finally, I thank my colleagues on these Benches for their support and contributions: the noble Baronesses, Lady Brinton, Lady Pidgeon and Lady Scott, and the noble Lords, Lord Bradshaw and Lord Teverson. Finally, I must thank Elizabeth Plummer, our legislative adviser, who was responsible—as always—for excellent advice and for amendments from these Benches.

Transport Infrastructure: North of England

Debate between Lord Hendy of Richmond Hill and Baroness Randerson

Tuesday 12th November 2024 Lords Chamber

[Lord Hendy of Richmond Hill (Lab)]

In relation to regional airports, there is a pressing demand from business to improve economic growth in those cities and regions by better and more convenient connectivity. The extent to which that means more flights is a separate question, but the support given to an airport such as Doncaster in order to make business better and create economic growth in that region is entirely consistent with the Government’s objectives.

[Baroness Randerson (LD)]

My Lords, I see that plans for a third runway at Heathrow have come to the surface again. Does the Minister accept that allowing that plan to develop and to catch the headlines again will inevitably undermine the viability and investment opportunities for airports in the north of England in general?

[Lord Hendy of Richmond Hill (Lab)]

My understanding of the recent suggestions about growth at Heathrow is that they are currently focused not on a third runway but on an expansion of the airport in order to cope with more passengers on the existing runways. There is a debate about the extent to which flights from Heathrow compete with regional airports, but Heathrow is of course an international hub, so many of the flights that it might aspire to handle will never go to regional airports. There are criteria that will have to be fulfilled for an expansion of Heathrow, but we do not necessarily see that that will compete with the regional airports such as Doncaster that we have been discussing today.

Carbon Emissions: Bus Fleets

Debate between Lord Hendy of Richmond Hill and Baroness Randerson

Tuesday 12th November 2024 Lords Chamber

[Lord Hendy of Richmond Hill (Lab)]

The noble Baroness raises a good point. The whole purpose of encouraging the production of electric buses is to ensure that the market develops and the costs fall. I do not currently have an estimate of whether the cost of those vehicles will ever equal the cost of traditional diesel buses, but I can say that it is absolutely the right move, and the support given by successive zero-emission bus schemes is contributing to the manufacturing industry keeping abreast of technology and to the general reduction in cost. I will see whether we can find any figures; if we can, I shall write to the noble Baroness with them.

[Baroness Randerson (LD)]

My Lords, in 2021, the previous Government consulted on ending the sale of diesel buses, but never made a decision. Will the new Government provide clarity over the date for the end of the sale of diesel buses to provide confidence for the bus industry and franchising authorities and certainty for the supply chain?

Shadow Great British Railways: Chair Appointment

Debate between Lord Hendy of Richmond Hill and Baroness Randerson

Tuesday 12th November 2024 Lords Chamber

[Lord Hendy of Richmond Hill (Lab)]

Yes, it is a reasonable thing to do. This is not the chair of Great British Railways, which will be established after the substantive railway Bill in due course; this is an arrangement to bring some benefits to the railway to counter the now 31 years of fragmentation and balkanisation, and, in particular, to bring together the three parts of the already publicly owned railway: the rail services division of the Department for Transport, Network Rail and directly operated holdings. It is a very reasonable thing to do and it will deliver results.

[Baroness Randerson (LD)]

My Lords, Laura Shoaf has been chief executive of West Midlands Combined Authority, and we on these Benches are pleased that she brings deep experience of devolution, which we hold dear as one of the solutions for the future of our railways. Passengers are impatient to see signs of improvement, so can the Minister assure us that the promise to establish a passenger standards authority will be kept? Will the Government also consider establishing that in shadow form, so that it can get on with the job of improving standards for passengers as soon as possible?

Passenger Railway Services (Public Ownership) Bill

Debate between Lord Hendy of Richmond Hill and Baroness Randerson

Report stage
Wednesday 6th November 2024 Lords Chamber

[Baroness Randerson (LD)]

My Lords, these three amendments deal with crucial aspects of the running of the railways and they are issues that we on these Benches probed in Committee. I certainly anticipate that, when we get the full Bill next year, there will be long and vigorous debate and discussion about them and I have serious reservations about the possible plans. However, we on these Benches accept that, however concerned we are about freight or open access or competition, the Government have chosen to write a very tightly drafted Bill and to separate ownership from operational organisation in that Bill and it is not appropriate to try to write, in a rather haphazard way, the big, final Bill on Report in this House at this time.

[Lord Hendy of Richmond Hill (Lab)]

I thank noble Lords for their amendments in this group. In response to Amendment 3, from the noble Lord, Lord Lansley—and I thank him for our discussion a few days ago— I will highlight two important ways in which this Bill promotes competition.

First, there will continue to be huge opportunities for competition between businesses in the supply chain which publicly owned operators and Network Rail will continue to depend on. I was speaking this morning at the Railway Industry Association’s conference and it welcomed clarity about the Government’s intentions with enthusiasm, because it knows as well as we do that the railway, after six years of being promised reform, needs to understand what reform might look like in order for its businesses to prosper. Public ownership and our plans for GBR to provide long-term strategic direction for the whole railway will give greater clarity and certainty to businesses in the supply chain and so will support healthy competition.

Secondly, in relation to competition between train operators, the Bill preserves the existing arrangements for open-access operators. Open-access services are the only source of meaningful competition between operators on today’s railway, and this Bill makes no changes to the way in which open-access applications are treated by either Network Rail or the independent regulator, the Office of Rail and Road.

Having set out how the Government’s approach is consistent with a duty to promote competition, I also note for completeness, referring to the propositions of the noble Lord, Lord Lansley, that the Section 4 duty applies to the Secretary of State only when she is exercising certain functions under the 1993 Act. It does not apply to the exercise of her functions under Sections 23 to 31, which are the franchising functions that are amended by the Bill. As such, there can be no question of this Bill impairing the Secretary of State’s ability to comply with the Section 4 competition duty.

Turning to Amendment 17, tabled by the noble Lord, Lord Moylan, open-access operators are a valuable part of the system and will remain so following this short Bill. Looking ahead to the wider railways Bill, we see a continuing role for open-access services where they add value and capacity to the network. I will say more in a moment about how their interests will be protected. In the meantime, I reiterate that the current short Bill has no impact on open-access operators, the services they provide or the process by which they can secure rights to operate on the rail network. For this reason, the report required by this amendment would serve absolutely no purpose; the Bill plainly has no impact.

Requiring this report—not just once but every single year in perpetuity—would simply place an additional reporting burden on Network Rail and the Office of Rail and Road, and potentially also on open-access operators themselves if they were each required to provide information about their services to inform each report.

Finally in this group, Amendment 13 deals with freight. My noble friend Lord Berkeley is a staunch advocate of the rail freight sector and I hope that I can reassure him and the noble Lord, Lord Moylan, about the Government’s intentions. The Government hugely value the rail freight sector and recognise the importance of its contribution in reducing congestion on our roads and in helping our transport system move towards net zero.

I entirely agree that the Government’s plans for reform under the railways Bill must ensure that Great British Railways promotes growth in the freight sector and must provide suitable protections for freight operators. We will set out our detailed plans in the consultation I have already referred to as soon as we are able to.

In the meantime, I am very happy to reassure noble Lords on three fronts. First, our proposals for the railways Bill will include a statutory duty on Great British Railways. I have reflected carefully on the remarks of the noble Baroness, Lady Randerson, in Committee, and the remarks just made by my noble friend Lord Snape, and as a result I now confirm that this duty will be not merely to enable the growth of rail freight but to promote it. My noble friend Lord Snape referred to variable access charges. I very much agree that we would seek more of that in the future to encourage more freight traffic.

Secondly, the Secretary of State will set a specific freight growth target for Great British Railways. I cannot confirm today the specific detail of what that target will be, but we will set out our plans for that in due course.

Thirdly, I thank my noble friend Lord Berkeley in particular for his comments on the importance of a fair system for the allocation of access. As discussed with my noble friend last week, I have confirmed today that there will be consultation on the Government’s reform proposals, and that the consultation will set out the proposed role for the Office of Rail and Road in the access decision-making process. Any changes will then be set out in the railways Bill itself, so noble Lords will have ample chance to debate these matters before changes are implemented.

I also reassure noble Lords that our proposals for allocating capacity and granting access to the network will include safeguards to ensure that both freight and open-access operators continue to be treated fairly. As I have already said, I would be delighted to meet with my noble friend and other noble Lords with an interest once the consultation has been published, so that we can discuss the details and continue the very helpful conversations we have started here.

Turning to the specifics of the noble Lords’ Amendment 13, the statement required by this amendment would be very short and sweet. There is no need to wait six months after Royal Assent for me to provide this statement; I can give it to the noble Lords now. The Bill is narrow in scope. Its purpose is simply to allow the Government to transfer the operation of franchised passenger services to the public sector. It does not make any changes to the arrangements under which freight services operate. This means that the Bill will not, and cannot, have any adverse impacts on the freight sector or on freight growth.

I have clarified the impacts of the Bill on competition, open access and freight, I have confirmed that we will soon publish a consultation document setting out our proposals for the railways Bill, and I have reaffirmed that these proposals will consider appropriate protections for freight and open-access operators. In light of what I have said, I hope that noble Lords will agree that there is no need to pursue their amendments further today.

Flight Cancellations

Debate between Lord Hendy of Richmond Hill and Baroness Randerson

Wednesday 6th November 2024 Lords Chamber

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

Regulation 261/2004 sets out the rights of passengers in the event of flight disruptions, such as cancellations and long delays. On the noble Lord’s question, I have no current information about changing the arrangements, but I will certainly go away to see what can be done.

[Baroness Randerson (LD)]

My Lords, I am interested in the noble Lord’s question, because one of his predecessors was keen on simplifying and downgrading the compensation in recent months. A key factor in this week’s problems and delays was staff shortages in air traffic control. Can the Minister confirm that the CAA is working to deal with this problem—a repeated problem—to ensure that sufficient staff cover is always available? Can he tell us what conversations the Government have had with our European partners at Eurocontrol, who have emphasised the need for better co-operation across countries to make sure that air passengers fly safely?

[Lord Hendy of Richmond Hill (Lab)]

I can assure the noble Baroness that the Civil Aviation Authority is working on this and that the Department for Transport has had discussions with it. I cannot answer the question about more European co-operation, but I shall write to the noble Baroness to give her some information.

Renewable Transport Fuel Obligations (Sustainable Aviation Fuel) Order 2024

Debate between Lord Hendy of Richmond Hill and Baroness Randerson

Tuesday 5th November 2024 Grand Committee

[Lord Hendy of Richmond Hill (Lab)]

My Lords, with permission, I shall start the concluding paragraph again.

To conclude, we must act now to address the global challenge of climate change. Historically, the aviation industry has faced difficulty in achieving carbon reductions. However, SAF represents an immediate opportunity to change this. The technology has been proven to achieve significant greenhouse gas savings and it can be used in aircraft today. The proposed instrument will facilitate the adoption of this technology on a large scale, which is essential for achieving net zero and delivering on the manifesto commitment to secure the future of aviation.

[Baroness Randerson (LD)]

My Lords, I thank the Minister for his explanation. There is no doubt about the need for action in relation to aviation. UK aviation fuel use more than doubled between 1990 and 2020, despite efficiency improvements in aeroplane design. By 2050, aviation will be one of our largest emitters. The technological advances are not looking optimistic in relation to battery and hydrogen-powered aircraft. Such flights are a long way off becoming long-distance or even medium-distance in terms of practicality. Combine this with the fact that the lifespan of an aircraft is 30-plus years and this is a huge challenge for us. SAF is far from a perfect answer, but it is all we have and it is welcome to see this draft SI here.

I have obediently read this complex and lengthy document and I have some fairly basic questions for the Minister. First, the consultation took place in 2022, I think. Why has it taken so long to get from the consultation process to this SI? I am aware, when I ask that question, that it is deeply unfair, because this was the previous Government’s problem, but I notice that, at the top of the front page, it says that this draft SI replaces one produced on 20 May this year. Is it substantially different in terms of its impact, or is the difference simply that a couple of mistakes have been ironed out? The length of time it has taken is disappointing, because the previous Government announced “jet zero” with a great fanfare several years ago, and therefore the slowdown is a problem.

Secondly, have the new Government changed the plans for the operation of the new system? They might have changed the SI, but have they changed their plans to any practical extent? Thirdly, the aviation industry has been pressing us for government action to stimulate production of SAF for many months or even years. It has been telling us that, if the Government did not take action rapidly, SAF production would take off, if I can use that term, in our competitor countries, we would fall behind and we would not therefore be a leader in SAF production. I am referring here to the manufacture rather than the use of SAF.

Although this SI seems to encourage the use of SAF, it does not seem to directly provide a mechanism to encourage and support the manufacture of SAF, along the lines of the mechanism that we have been pressed by the aviation industry to adopt. Can the Minister explain whether anything in the Budget will help encourage the production of SAF? I noted that money was available for the aerospace industry and was unsure whether that would cover this sort of thing.

Finally, there is good SAF and not so good SAF, which is referred to in this Explanatory Memorandum. Can the Minister explain how industry checks, and government process checks, will ensure that the SAF manufactured and used in the UK is up to the highest environmental standards?

MV “Ruby”: Ammonium Nitrate

Debate between Lord Hendy of Richmond Hill and Baroness Randerson

Thursday 31st October 2024 Lords Chamber

[Lord Hendy of Richmond Hill (Lab)]

I echo what the noble Lord says about the port of Great Yarmouth. The department has engaged with HMRC and the Department for Business and Trade, which have separately considered whether the goods on board the “Ruby” are subject to import sanctions. They have confirmed that ammonium nitrate, the substance on board the motor vessel “Ruby”, is not subject to import sanctions under the Russia (Sanctions) (EU Exit) Regulations 2019.

[Baroness Randerson (LD)]

My Lords, as the previous question has illustrated, there is a complex background to this situation. A couple of years ago, it was discovered by the Secondary Legislation Scrutiny Committee that the Department for Transport had fallen badly behind in transposing international maritime law into British legislation, a situation exacerbated by Brexit as we no longer had to follow EU law. Can the Minister assure us that the UK is now fully signed up to our international maritime obligations and therefore fully protected in a sensitive and complex situation?

[Lord Hendy of Richmond Hill (Lab)]

The noble Baroness is obviously right that this is an important issue. I will write to her about the current position in this respect, but I have to say that the position of the motor vessel “Ruby” is not affected by the situation in the past that she talked about.

Railway 200

Debate between Lord Hendy of Richmond Hill and Baroness Randerson

Thursday 31st October 2024 Lords Chamber

[Lord Hendy of Richmond Hill (Lab)]

It is as with so many other projects; this Government found when they took office a very large list of projects with a much smaller funding envelope to deliver them. The Secretary of State for Transport has commissioned a full review of all transport infrastructure projects. This needs to be done properly. As I have said before here, everything you do with the railway lasts 150 years. When we have finished reviewing all those projects we will have a plan to go forward to invest in the best possible way.

[Baroness Randerson (LD)]

My Lords, one of the commercial supporters of the celebration the noble Lord referred to is Alstom, a train manufacturer based in Derby. Some months ago, there were serious concerns about jobs in and the viability of Britain’s train manufacturing companies, caused by intermittent orders. Given that there is a lack of information from the Government so far about how the system will work in the future under nationalisation, and given that they have not committed to touching the roscos and the system of ordering trains, can the Minister reassure us that those threats to well-paid, skilled jobs have now receded?

Passenger Railway Services (Public Ownership) Bill

Debate between Lord Hendy of Richmond Hill and Baroness Randerson

Committee stage
Wednesday 23rd October 2024 Lords Chamber

[Baroness Randerson (LD)]

My Lords, one of the clear attractions of the new system should be increased transparency. There should be no chance that the new authority would be able to hide behind commercial confidentiality. One public body would make life very much easier in terms of national answerability. I do not agree with the mechanism suggested by the noble Lord, Lord Moylan, but he is making a valid point. Can the Minister confirm that the passenger standards authority, the passenger body that is going to be the champion of passenger standards, will have the power to investigate fares and report on problems? I gently point out that the Government will no longer be able to blame the train operators. All the blame will now fall on the Government, and passengers will make judgments based on that. It is therefore important that there is a public way for the Government to explain their decisions in relation to train fares and the fare structure overall.

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

First, I briefly note my intention to write to the noble Lord, Lord Teverson, on his points about public investment that I did not manage to address on Monday. I also intend to address later the question asked by the noble Lord, Lord Young of Cookham, on Monday.

On fares, there is nothing new here. The regulation of fares has always been by government through its contracts with operators, whether public or private, and as far as this Bill is concerned, that will continue.

[Baroness Randerson (LD)]

I want just to make the point that, as the Minister well knows, the fare system is so complicated that, in practice, people have not been able to understand it adequately in order to make those judgments, and one of the Government’s aims, quite laudably, is to make it simpler. I also point out that the Minister is talking about regulated fares, and I think about half the fares in the market are not regulated.

--- Later in debate ---

[Baroness Randerson (LD)]

My Lords, there are of course some excellent examples of open access operators and some very successful ones, but I am a bit sceptical. We have a Government who are so opposed to competition on the railways that even very good train operators, such as Greater Anglia, have to be removed as a priority. I am sceptical that the Government would be keen to encourage further open access operators. I think I drew attention to this in our debates on Monday. I feel it is illogical that the Government are putting an end to the train operators that have fully rounded franchises but will tolerate open access. Open access is, in reality, capitalism red in tooth and claw, in comparison with the role of train operating companies managing the franchises they have.

The Government here are set up as a judge and a jury over open access operators and whether more will be allowed. Can the Minister tell us how the judgment will be made on future open access operators, or tell us with total frankness that we have what we have and are unlikely to get any more?

[Lord Hendy of Richmond Hill (Lab)]

The Bill before the House is specifically about the ownership of services currently operated under contract to the Secretary of State, Scottish Ministers or Welsh Ministers. Transferring and retaining these services in public ownership will not affect open access operators or prevent them running as they do now. It is therefore not necessary, as in Amendment 24, to require the Government to lay a report on the impact of public ownership on open access operators, given that this Bill will not affect the rights of those operators to access the network and run services. I emphasise that as part of the wider railways Bill, any proposed changes to access arrangements and the body that decides them will, of course, be subject to consideration and debate by your Lordships’ House before they are implemented. I beg for some patience in this debate.

Turning to Amendment 27, which requires the ORR to produce an independent report on access, I again reassure the House that under the present public ownership Bill, the ORR will continue its role in relation to access decisions. There is therefore no need for this amendment; an independent function is already in place that will decide on access to ensure there is no disadvantage to non-publicly owned operators. We will set out further detail on GBR roles and responsibilities in the coming months. Given those reassurances and that this Bill does not affect the rights of open access operators to run services, I urge the noble Lord to withdraw the amendment.

Passenger Railway Services (Public Ownership) Bill

Debate between Lord Hendy of Richmond Hill and Baroness Randerson

Committee stage
Wednesday 23rd October 2024 Lords Chamber

[Baroness Randerson (LD)]

My Lords, I support the intention of the amendments in this group. There is one amendment in the name of my noble friend Lady Pidgeon, Amendment 16, which the noble Lord, Lord Moylan, has signed, as I have signed his Amendment 12. Unlike him, I want to talk about devolution in Wales and Scotland, because that issue is very important. Railways cross borders; that point is addressed by the noble Lord’s amendment. I agree with his idea that there should be proper formal consultation with the devolved Governments—by the way, I can assure him that the new Council of the Nations and Regions should have a crowded agenda, because many devolved issues have been building up over a long period.

Let us look at the case of Wales. If, for example, you travel from Cardiff to Wrexham, you find yourself crossing between Wales and England; your start and end points are in Wales, but the middle of the journey is in England. That complexity needs to be built in. Devolution of rail powers to Scotland is pretty clear, but in Wales it is—I hope—a work in progress. I will explain to noble Lords why I say, “I hope”. The Welsh Government do not have powers over rail infrastructure. The operation of the railway in Wales is the responsibility of the Welsh Government, but infrastructure planning and funding remain with Network Rail. This is a cause of considerable frustration; the Minister answered a question about it earlier today.

This frustration is largely because Wales gets under 2% of total infrastructure spend in the UK, while having 5% of the population and more than 5% of the land mass. Our rail systems in Wales are in such a poor state, so there is a good argument that we should be getting more than 5%. The failure to allow Wales the Barnett consequentials of HS2 just rubs salt into the wound, and it is a lot of salt—£4 billion of it. I urge the Government to rethink the situation and the tendency set out in the Minister’s letter, because surely there is no hard and fast rule on this. Back in 2007, the Labour Government of the UK made noises which suggested they were willing to offer Wales control of infrastructure. Unfortunately, at that point, the Welsh Government were not keen to take it on, but I think they would be very keen now.

I am keen that this Bill does not in any way prevent further devolution. Transport for Wales, which is owned by the Welsh Government, is investing widely. Despite problems in mid-Wales, services are improving, and passenger numbers were up 27% in the last three months alone. That is a sign of progress. Can the Minister explain why the Welsh Government might not be considered capable of doing the rest of the job?

As my noble friend Lady Pidgeon has said, Transport for Greater Manchester, which I recently met representatives of as well, is enthusiastic about its success and devolution plans. They spoke to me about the Bee Network, which has lower costs than what went before, higher levels of punctuality and higher numbers of passengers. It is a real success story. They have firm plans to devolve eight rail lines within the next four years. I gather that they may be looking at some form of public/private partnership. That is the sort of thing referred to in the amendment tabled by the noble Lord, Lord Liddle, in Monday’s debate.

Can the Minister specifically reassure us that the aims of the declaration of intent that Greater Manchester signed with the previous Government still hold good? Can he specifically reassure us that there is nothing in this Bill that will prevent Greater Manchester’s ambitions being implemented? We on these Benches want to go further. Where Greater Manchester leads, why should not Birmingham, Liverpool or several other places follow? Shutting off the devolution of rail is at odds with the Government’s plans to give local authorities more powers over buses, for instance. It does not sit comfortably together.

I have two pleas for the Government. First, as I said on Monday, I ask them please to leave their options open. Do not close off avenues in the Bill: allow for unexpected events in the future. Secondly, it is illogical to allow open access operators to pick off rail routes, and it is illogical to encourage local authorities to have more control over buses but not to encourage them to fully integrate their local transport services by having control over trains and railways as well.

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

My Lords, I remind noble Lords that the Bill is, in my view at least, narrowly focused on allowing the further public operation of existing franchised railway operations currently in the private sector. Many in this House will know that I was the commissioner of Transport for London when the original Overground was proposed and established. Some of the details of its success are extremely familiar to me and give me a glow of pride and satisfaction whenever anybody mentions them. I was also there when the Overground was expanded—in fact, some Members of this House could have allowed it to expand further but chose to oppose it on the grounds that, for a mayor of a different political colour, that might not suit the then-Government’s aims. I say all that because devolution is really important. I have no intention of closing it off, and neither does the Bill—but it has to be subject to the effective operation of the railway network as a whole. I will come back to that in a moment.

I will speak first to Amendments 31 to 33 and 37 of the noble Baroness, Lady Jones of Moulsecoomb, Amendment 34 of the noble Lords, Lord Young of Cookham and Lord Moylan, and Amendment 36 of the noble Lord, Lord Lansley. These amendments would empower the Secretary of State and the Scottish and Welsh Ministers to award contracts to companies owned by various local authorities. Amendment 16 of the noble Baronesses, Lady Pidgeon and Lady Randerson, and the noble Lord, Lord Moylan, aims to provide opportunities for local authorities to take responsibility for services in their areas before contracts are awarded to public sector operators.

Amendment 46 of the noble Lord, Lord Moylan, would require another report, this time on whether public ownership makes it more or less likely that further services will be devolved by means of exemptions granted under Section 24 of the Railways Act 1993.

Amendment 50, also of the noble Lord, Lord Moylan, is another attempt to delay transfers to public ownership, as it makes the establishment of new regional partnership boards the trigger for the provisions of the Bill to come into force. The noble Lord, Lord Moylan, mentioned shadow Great British Railways. This is not a statutory entity but a preparation for Great British Railways; it is not a mechanism to do its job in advance of the creation of the body itself.

In line with the spirit of all these amendments, the Government are absolutely committed to strengthening the role for local communities in shaping the design and delivery of passenger rail services in their areas. Our plans for reform will make this a great deal easier for them, because they will need to engage with only one organisation—Great British Railways—instead of having to deal separately with Network Rail and multiple train operating companies.

The noble Lord, Lord Moylan, reminded us of the manifesto. We have already made it clear that our railways Bill will include a statutory role for the devolved Governments and mayoral combined authorities in governing, managing, planning and developing the rail network, and there is absolutely no intention to enact rail reform without that statutory role. We are committed to a full and open discussion on that role, and how it will work, as we refine our plans for the railways Bill in the coming weeks, and that will be included in the published consultation.

HS2: Purchased Land

Debate between Lord Hendy of Richmond Hill and Baroness Randerson

Wednesday 23rd October 2024 Lords Chamber

[Lord Hendy of Richmond Hill (Lab)]

I am aware of the report that the noble Lord refers to. It is an interesting report. We recognise the concerns about connectivity between Birmingham, Manchester and the north of England. We will consider advice and engage with the mayors and the detail of the report and give ourselves time to do that before any precipitate action is taken on the land concerned.

[Baroness Randerson (LD)]

My Lords, does the Minister agree that building a modern railway should surely include level boarding, in order to make disability access available to everyone? Does he therefore share my concern that many of the stations planned on HS2 were not to have level boarding? In particular, can he reassure us that the Government’s review will look at level boarding access at Old Oak Common station, which will be a major point on the route?

[Lord Hendy of Richmond Hill (Lab)]

I thank the noble Baroness for her question. I am as aware as she is that level boarding is a really important consideration for many people, including those with disabilities. However, even in respect of HS2, it is a complicated subject because there are relatively few HS2 stations and, as it is now configured, those trains will serve many stations on the conventional railway network, at which platforms have been at differing heights for as long as they have been built, in some cases going back to the 1840s. However, the point she raises is really important; the point she raises about Old Oak Common is important, and the point about Old Oak Common is equally complicated, because Old Oak Common will not merely serve the new HS2 trains in their new station—at which level boarding will be relatively simple—but will also serve trains on the conventional railway network on both main and relief lines out of Paddington, which have themselves several different floor heights. We need to crack this problem, and I am very sympathetic to the point raised by the noble Baroness, but it is more complicated than it might sound. I will give her the assurance that she wants that we are actively considering it, because building new railway stations is very expensive and takes a long time and we should try to get it right.

Passenger Railway Services (Public Ownership) Bill

Debate between Lord Hendy of Richmond Hill and Baroness Randerson

Committee stage
Monday 21st October 2024 Lords Chamber

[Lord Hendy of Richmond Hill (Lab)]

I thank my noble friend Lord Berkeley for his Amendment 11, regarding rest-day working. Rest-day working provides resilience in response to spikes in leave, sickness and training, and it rewards the workforce when extra hours and days are worked. It can offer benefits to rail employees, as well as to passengers. It is likely that it will always be necessary, to some extent, to effectively deliver the timetable. However, rest-day working should be used where there is an operational benefit and employees are willing to volunteer, rather than trying to mandate in legislation how and where it is used. Our focus is instead on ensuring, as soon as possible, that the railway industry has enough staff to operate services reliably for the benefit of passengers and employees, without excessive rest-day working.

My noble friend Lord Berkeley referenced the new trains on South Western Railway. I say to him that they are now entering service and, further, that Network Rail in fact substantially changed terms and conditions two years ago for greater flexibility and in agreement with the workforce, and that is now reflected in greater efficiency. That deal demonstrates what can be achieved in the public sector.

The noble Baroness, Lady Pidgeon, referred to uncertainty. There can be no greater uncertainty than has existed for the last 30 years on the railway, in which anybody of long service has changed their employer at least once, sometimes several times, while doing the same job. The people whom I meet going around the railway talk about it as “the railway”, many of them because their employer has changed so often that they cannot even remember the name of the company that they used to work for. Some stability in respect of the employers of staff on the railway, many of whom are deeply committed and have had long service, is overdue, and this Bill will move towards it.

Will there be a workforce plan? Yes. Is there one at the moment? No. As the train operating companies come into public ownership, they will have to have a workforce plan. Personally, I am absolutely committed to the maximum recruitment of drivers as early as possible, to the benefit of the drivers themselves and the service that the railway operates.

I also very much thank the noble Lord, Lord Young of Cookham, for Amendment 18, which suggests that an independent body should be established to advise the Government on the pay and terms and conditions for railway staff under public ownership. We are committed to delivering the biggest overhaul of our railways in a generation. It is right that, as part of that process, these matters are considered. Employment conditions are an important issue and one that we are determined to get right.

My officials are at the early stages of exploring a number of options, including a pay review body, so that we can consider the most appropriate approach to meet the needs of a transformed industry. A number of different approaches exist across the public sector, including pay review bodies and wider guidance, and, as my noble friend Lord Snape said, the use of the Advisory, Conciliation and Arbitration Service. We need more time to reach an informed conclusion on the best approach for the rail sector. It would be inappropriate to commit to the introduction of an independent body before that work is completed. In particular, we do not need to do this now in relation to this Bill.

Amendment 49 is in the name of the noble Lord, Lord Moylan. It seeks to require the Secretary of State to produce a report on how public ownership will impact the implementation of the Strikes (Minimum Service Levels) Act 2023. The noble Lord must surely be aware, however, that the Government have already committed to repealing the Strikes (Minimum Service Levels) Act 2023. That is because this Government are committed to strengthening the rights of working people by empowering workers to organise collectively through trade unions.

No relevant employer, under the Strikes (Minimum Service Levels: Passenger Railway Services) Regulations, has chosen to implement minimum service levels under this legislation and, in fact, they will not work. Instead, we will work in partnership with trade unions, as we have done in recent weeks to bring an end to two years of disputes that have meant needless disruption and misery for passengers. So I must say to the noble Lord that the Strikes (Minimum Service Levels) Act will not be implemented for publicly owned services, or indeed at all under this Government—as, in fact, it was not under the last one. The suggested report, therefore, would be redundant.

Finally, I will respond to the points made by the noble Lord, Lord Young, on the classification of the costs of rolling stock for publicly owned train operating companies when I respond to Amendment 19 in group 10 in the resumed Committee stage on Wednesday. I note for now that, whatever the position is, it must already apply to the four publicly owned train companies. I urge the noble Lord to withdraw his amendment.

[Baroness Randerson (LD)]

Before the noble Lord sits down, can I ask a question in reference to the fact that the Minister mentioned that there was no need to sort out terms and conditions now? What timeframe do the Government assume that they must follow in order to ensure that the first train operating companies to be taken into public ownership do so in an organised way so that new staff are recruited with modern terms and conditions of employment.

[Lord Hendy of Richmond Hill (Lab)]

I thank the noble Baroness, Lady Randerson, for her intervention. In fact, I did not say that there was no need to sort out the terms and conditions now; I said there was no need to sort out the particular matter of how the overall pay and conditions might be dealt with, including with the pay review body. As a matter of fact, the employees would transfer under the transfer of undertakings regulations. At that stage, no change is possible on the transfer. That will need to be resolved and I am sure that changes are in fact needed, if only because, at least in my view, some of the existing train operating companies have failed to develop the terms and conditions in the way that they should have, both to operate a better service and to reward the staff more effectively.

Passenger Railway Services (Public Ownership) Bill

Debate between Lord Hendy of Richmond Hill and Baroness Randerson

Committee stage
Monday 21st October 2024 Lords Chamber

[Lord Hendy of Richmond Hill (Lab)]

On my noble friend Lord Liddle’s comment, I am sure the Secretary of State would like to make her own decision, but I am pretty confident that the work done in the department to assess whether Avanti is meeting its performance standards has taken into account what latitude there is. I suspect there is very little because of the contract terms.

I will write to my noble friend Lord Berkeley, and make the letter available, about the causes of delay on the west coast main line and to Avanti’s services. It is, of course, as he knows, undoubtedly true that every set of delays on the railway is due to a combination of the train operator and the infrastructure, and the way in which those parties manage their interaction with each other. When the Secretary of State and I have seen train companies about their performance, we have insisted that they are always accompanied by the relevant route directors of Network Rail. One of the issues is the root cause of the delays; another is how well those parties interact to resolve them. One of the issues on the west coast main line is that Network Rail’s control point, not unreasonably, is at Rugby where the signalling system is, Avanti’s control is in Birmingham and its train crews are managed from Preston. I would not run a railway like that myself.

[Baroness Randerson (LD)]

Going back to the contracts that are performing well, what is the Minister’s view on emergency situations, such as the recurrence of Covid and lockdowns? Would an existing contract, as currently written, enable an extension if the Government felt they needed it, or would they have to come to an end, so that we have to go through a fresh bidding process, come what may?

[Lord Hendy of Richmond Hill (Lab)]

It varies in accordance with the particular train company. Some of them are coming to a natural conclusion, others have break clauses that enable termination and, in a limited number of cases, there are some choices that could be made. To that extent, we will have to make them.

Road Investment Strategy

Debate between Lord Hendy of Richmond Hill and Baroness Randerson

Wednesday 11th September 2024 Lords Chamber

[Lord Hendy of Richmond Hill (Lab)]

The way the road investment strategy works is that the Infrastructure Act 2015 requires a road investment strategy—known as RIS to the initiated—to be set. As I said, this strategy expires in March 2025. We might normally have expected to see the publication of a draft road investment strategy 3, for the five years beyond 2025, published by the previous Government, but in fact it was not. We are now required to do that and the Government will, in due course, do just that. It is stand- alone, but it must be recognised that the department, which is responsible for all modes of transport, including public transport, will have to consider how it spends both its capital and its revenue in the best way to achieve the targets of growth, jobs and housing.

[Baroness Randerson (LD)]

My Lords, more than a fifth of the UK’s emissions come from surface transport, primarily from fossil fuel vehicles, so if this new Government value the future of our planet and the health of our nation, they will reconsider road-building plans. I am pleased to hear what the Minister said about that. Will he agree that the priority for government spending on roads should first be with the £20 billion backlog of road repairs, which makes our crumbling roads very dangerous at the moment, in order to put safety first? Will he commit to the completion of the ongoing programme to bring so-called smart motorways up to an acceptable safety standard?

[Lord Hendy of Richmond Hill (Lab)]

The point about emissions and the environment will be covered by the capital spend portfolio review. I think potholes are a major part of what the noble Baroness referred to. The state of the roads is pretty disgraceful, and the Government are committed to doing far more on filling potholes and making roads safe than the previous Government. There will be no more smart motorways, and my understanding is that the programme to modify those already installed will be completed.

Local Bus Sector

Debate between Lord Hendy of Richmond Hill and Baroness Randerson

Monday 9th September 2024 Lords Chamber

[Lord Hendy of Richmond Hill (Lab)]

I thank the noble Baroness for her compliment. I hope the House will see it repaid in what I do. Concessionary bus fare funding will, without any doubt, follow the control of bus services, and that will be as important in North Yorkshire as it will be everywhere else in the country.

[Baroness Randerson (LD)]

My Lords, the Minister will be fully aware from his extensive experience how much young people in London benefit from free bus travel. Unfortunately, in the rest of the country the picture is different—it is very patchy and uneven. Does the Minister agree that there is a strong argument for a standard system of highly reduced or free bus fares for young people across the country, to help them into jobs, apprenticeships and education, to create a fairer society and to create a new generation of bus travellers?

[Lord Hendy of Richmond Hill (Lab)]

The noble Baroness will recognise the important ability of the Mayor of London to fund cheap and free fares for young people. The opportunity that the Government’s franchising proposals will give is that other local authority leaders and combined authority mayors will also have the ability to fund fare concessions for the purposes that she mentions.

HS2

Debate between Lord Hendy of Richmond Hill and Baroness Randerson

Tuesday 23rd July 2024 Lords Chamber

[Baroness Randerson]

To ask His Majesty’s Government what plans they have for reviewing the impact of the decision to abandon plans to build further stages of HS2.

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

This Government are clear that transport is an essential part of our mission to rebuild Britain, and we are committed to delivering infrastructure that works for the whole country. We need a long-term approach to infrastructure and investment taking account of local transport priorities, which is what we will provide. We will review the position we have inherited thoroughly and at pace, and we will set out more detailed plans in due course.

[Baroness Randerson (LD)]

I thank the Minister for his Answer, but he will be aware that today’s National Audit Office report confirms the expensive and disastrous impact of the cancellation of HS2 north of Crewe, with a reduction in the number of seats available on trains as a result of a decision that cost half a billion pounds wasted on land that was not going to be used for development. Does the Minister agree that a full and proper review of this decision is needed by the Government so that this never happens again, and so that the opportunities for the north of England are maximised? Will the Government also review the decision of the previous Government to allocate to Wales only £1 billion of Barnett consequential funding when Wales should, by right and by fairness, have £3 billion?

[Lord Hendy of Richmond Hill (Lab)]

We will review the National Audit Office’s report, which is a report on the status of the project as it was left under the previous Government. We will have to do that before setting out more detailed plans. Personally, I am aware of the disparity in seats created by the present planned service pattern on HS2 following the cancellation of phase 2a. We will have more to say about that in the future.

In respect of the Barnett formula, heavy rail is reserved in Wales, so any heavy rail scheme that the department delivers should always be classified as England and Wales when applying the Barnett formula. That includes HS2. It is a different situation in Scotland and Northern Ireland. The Scottish Government and Northern Ireland Executive, under their devolved policy areas, do therefore receive Barnett-based funding. This is consistent with the funding arrangements for all other policy areas reserved in Wales but devolved in Scotland and Northern Ireland. That said, due to use of departmental comparability factors in the Barnett formula at spending reviews, the Welsh Government have received a significant uplift in their Barnett-based funding due to the UK Government’s spending on HS2.

Mail Carriage by Rail

Debate between Lord Hendy of Richmond Hill and Baroness Randerson

Monday 22nd July 2024 Lords Chamber

[Lord Hendy of Richmond Hill (Lab)]

I thank my noble friend for his question. Only 3% of Royal Mail’s letters and parcels are moved by rail. There are 600 freight services running on the network every day, of which the trains in question account for just six, so it is not thought that this will have a substantial impact on the overall amount of freight moved by rail. The matter of the taxation regime for rail and road is quite different.

[Baroness Randerson (LD)]

I congratulate the Minister on his new appointment and thank him for his early comments, but point out that, while Royal Mail may be an independent company nowadays, it works within a legislative framework. Are the Government considering amendments to the legislative framework for both Royal Mail and other companies in similar settings to increase their environmental obligations and raise expectations that they will use environmentally sounds forms of transport?

[Lord Hendy of Richmond Hill (Lab)]

The department’s officials are working closely with officials from the Department for Business and Trade. I will take the noble Baroness’s comments back to both departments.

Lower Thames Crossing Development Consent Order

Debate between Lord Hendy of Richmond Hill and Baroness Randerson

Monday 22nd July 2024 Lords Chamber

[Lord Hendy of Richmond Hill (Lab)]

I can fully understand the national issues regarding congestion at the Dartford Tunnel and the M25, but it is important that the arguments both for and against such a large project are properly examined and that a decision about the project is properly made. We of course hope that we will be able to answer this within the extended timescale given.

[Baroness Randerson (LD)]

My Lords, this is clearly a cautionary tale about the failures of the previous Government to manage large infrastructure projects. But is it not also a warning that, on our crowded island, our economy cannot operate effectively unless the new Government take firm and swift action in transforming our public transport infrastructure, including transferring freight from road to rail? Does the Minister agree that simply building more roads cannot solve infrastructure congestion?

[Lord Hendy of Richmond Hill (Lab)]

Your Lordships’ House has already heard some strong arguments in favour of this particular project. The arguments for and against it need to be properly considered in order that, when my right honourable friend the Secretary of State for Transport takes the decision, it is taken on the best possible grounds and considering the arguments both for and against it.