Northern Ireland and Great Britain: Regional Connectivity

Lord Kirkhope of Harrogate Excerpts

Monday 13th March 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My noble friend will be well aware that the Government have limited levers when it comes to slots. However, there are some things that we can do. Slots are allocated by an independent slots co-ordinator. We set out in Flightpath to the Future that we would consult on some elements of slots reform. We still intend to that and, in doing so, we will consider very carefully regional connectivity and how we can ensure that slots are available.

[Lord Kirkhope of Harrogate (Con)]

My Lords, I want to take my noble friend back to the question of slots. There is a lot of concern that when an airline fails the slots are often sold off at an enormous price, which excludes other, smaller airlines from taking up the routes that that airline has had to leave behind. Will she confirm that the Government are interested in that and will do everything they can to deter that practice?

[Baroness Vere of Norbiton (Con)]

I am not able to confirm that we will do everything we can to deter that practice because, of course, historic rights to slots are an asset and when an airline fails, those slots can be transferred for a sum to another party and that money can be used to pay creditors. What I can commit to my noble friend is that, for example, the Flybe slots are part of a competition remedy and cover specific routes, which means that any operator can apply to the slots co-ordinator to take up those slots for those specific routes.

Train Services: North of England

Lord Kirkhope of Harrogate Excerpts

Monday 27th February 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I cannot possibly respond to those reports, but all options remain on the table with regard to all the different contracts as they come up for renewal. There are very well set out processes involving independent evaluation of performance, and all those things will be gone through when it comes to considering Avanti West Coast’s contract.

[Lord Kirkhope of Harrogate (Con)]

My Lords, I had the pleasure of travelling on the same train as the noble Lord, Lord Foulkes, this morning—but I obviously was not in the same part of the train as him. I would like to comment on the remarks made by the noble Baroness, Lady Randerson. While those of us in the north are irritated by the services provided by some of the providers, we are also waiting with bated breath for a decision by the Government to once and for all sort out the links that are necessary between our northern cities, east to west. When are these going to happen?

[Baroness Vere of Norbiton (Con)]

That is part of the complex web. The Government want to invest billions of pounds in rail infrastructure for the north. However, if we are unable to operate the services as the train operating companies would like to do, that will become increasingly difficult. It is important that, as we invest billions of pounds across the north, we do so with a constructive and collaborative relationship with the unions and the workforce, to provide the modern seven-day railway that we need.

Jet Zero Strategy

Lord Kirkhope of Harrogate Excerpts

Monday 14th November 2022 Lords Chamber

[Lord Kirkhope of Harrogate (Con)]

Would my noble friend not agree that it would be a great shame to restrict the freedom of people to travel around the world in this way? Surely it would be much better for us to invest more in looking at these alternative fuels. There is a great interest in hydrogen in the industry. Can my noble friend confirm that the Government are giving as much support as they can to the various research operations in this country and elsewhere to develop that fuel, rather than preventing people travelling?

[Baroness Vere of Norbiton (Con)]

My noble friend is absolutely right. We want to maintain the benefits of air travel and to harness the various technologies out there. My noble friend mentioned hydrogen; after I leave the Chamber today, I shall be going to meet ZeroAvia, a company that has a hydrogen fuel cell-powered aircraft and is looking to scale that up. Indeed, the Government have invested in ZeroAvia and we will continue to invest in hydrogen or other propulsion technologies going forward.

Airports and Airlines: Staff

Lord Kirkhope of Harrogate Excerpts

Tuesday 19th July 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

A cursory glance at the aviation industry around the world will show that this problem is not specific to the UK. The US has had significant problems, as have Ireland, the Netherlands and France. The last time I looked, those three countries were members of the European Union.

[Lord Kirkhope of Harrogate (Con)]

My noble friend is aware of the delays as a result of the need to look at security clearance for staff. This is particularly so with large numbers of new staff being required to fill these vacancies. That security clearance check is important, but those delays could be speeded up immensely.

[Baroness Vere of Norbiton (Con)]

I reassure my noble friend that the Government cracked this problem many months ago and there are no delays within UK security vetting. Accreditation checks are currently taking five days; counterterrorism checks are taking 10 days. These are much better than they were pre pandemic.

Electric Vehicle Charge Points

Lord Kirkhope of Harrogate Excerpts

Wednesday 26th January 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

The noble Baroness raises a very important point. I do not know what guidance exists on the siting of EV chargers. I shall take that back to the department and write to the noble Baroness.

[Lord Kirkhope of Harrogate (Con)]

My Lords, further to the question from my noble friend Lord Geddes about these premises being non-residential and having at least 20 car parking spaces, I realise the difficulties, but I wonder—particularly given that, as the Minister will know, we are a little hard up at this end—whether in her beneficence she might be able to ask her department to assist with the financing of the necessary chargers for their Lordships.

[Baroness Vere of Norbiton (Con)]

I would be a little cautious about that. It may look as though the Government were feathering the nest of Parliament, and I do not think that would be a good idea.

Railway (Licensing of Railway Undertakings) (Amendment) Regulations 2021

Lord Kirkhope of Harrogate Excerpts

Monday 12th July 2021 Grand Committee

[Lord Kirkhope of Harrogate (Con) [V]]

My Lords, I find myself in a uniquely privileged position today because, when looking at the Order Paper this morning, I was rather amazed to see that my role here has been defined as “all other speakers” and I have been afforded no less than 10 minutes to make a speech. This is almost unique in the last 15 months, but I want to placate my colleagues, or at least reassure them, by saying that I do not intend to use all of that time. Still, it was a marvellous bit of news this morning, and I hope it will be replicated in future debates.

Since the Channel Tunnel opened in 1994, I, like many millions of other UK and European citizens, have been able to travel on dry land between our states in comfort and at speed. I have occasionally used the shuttle when I have required my own car to be with me on the continent, but I must, and want to, declare an interest: I hold the record of being one of the most-travelled Eurostar train service passengers, thanks to the weekly journeys that I undertook during the 17 years that I served as a Member of the European Parliament, commuting to Brussels and Paris. I commend Eurostar on its trains and service, which got better and better during those years, with the provision of new facilities at the terminals, as well as its rolling stock.

The Covid crisis has of course presented it, and other cross-channel transport operators, with serious financial challenges. Although that situation is not directly addressed in the legislation that we are considering today, I hope my noble friend will understand that merely expressing positive and good wishes may not be sufficient. I hope it will not be long before Eurostar and others can enjoy renewed growth and prosperity, but the company may need more help, as others have received from Governments on both sides of the Channel.

Having said that, I wish to spend a moment on the treaty of Canterbury, signed by the late Baroness Thatcher, as our Prime Minister, and President Mitterrand of France in Canterbury Cathedral in 1986. It is not perhaps the most exciting thing in history to have happened in Canterbury Cathedral but it is probably close to it. As noble Lords will recollect, this was the treaty that allowed the Channel Tunnel to be constructed, in which the legal and territorial structure for its operation was laid down. A new border between France and the UK was created below the seabed, halfway across.

This was followed up by a protocol signed in November 1991, which effectively juxtaposed national control bureaus at Fréthun near Calais and Folkestone in the UK. This was in itself a unique territorial exchange, allowing security and frontier arrangements to be operated in full co-operation and harmony. Over the years, it has worked very well in protecting both France and the UK, as well as preserving respective immigration rules and policies. It will no doubt please some to know that all this was, and is, based largely on bilateral agreements between France and the UK. The international interest in the Canterbury treaty at that time was from the United Nations. Any modification of the protocol should be by exchange of diplomatic notes.

Of course, although the basis of the tunnel relationship is bilateral, as my noble friend the Minister said, there are consequences for rail operators of our leaving the EU, which is why these provisions are now required. The original pre-Brexit regulations were approved in 2005, as she said, and gave cover for EEA-issued operator licences. In the aftermath of our withdrawal, new regulations were put in place in 2019 to cover the two-year period until September this year.

As my noble friend the Minister said, we now need to renew the regulations to protect the rail operators of Eurostar and freight services until a new agreement with France is, hopefully, concluded and ratified. I understand that the shuttle and Eurotunnel are protected under alternative provisions. Perhaps my noble friend can advise on how the ongoing discussions on the bilateral arrangements are proceeding. I understand that the technical details are agreed. I assume that there are no political or other impediments to the satisfactory conclusion of this.

As a former Leeds MP and Yorkshire MEP, may I press my noble friend a little further? I know it is a long time ago but, in 1987, when the then Channel Tunnel Bill referred to earlier by my noble friend passed through our Houses, a number of MPs from outside the south-east of the UK supported it and allowed the scheme to proceed on the basis of clear promises that there would be direct services from northern cities such as Leeds, Newcastle and York to European cities such as Paris, Brussels and Amsterdam. These have essentially not materialised; no doubt plans remain on the table. Perhaps my noble friend can elaborate on how this might be taken forward and any possible linkage there might be to the HS2 network in due course. It would be very positive if we tried to bring this about because we all know that, with COP 26 being hosted in this country later this year, the environmental benefits of electric trains cannot be underestimated. We have the opportunity to give fresh endorsement to this form of travel. Can my noble friend also confirm that, in view of the separate EU legislation covering Eurotunnel, there are no risks to the continued smooth running of the shuttle?

Obviously, I fully support these protective measures to cover us for the time being. Not only should we welcome them; we must also look for the enhancement of services using this vital piece of infrastructure, ensuring its use to rebuild positive relationships with our European neighbours after an undoubtedly fraught period.

North of England: Rapid Mass Transport System

Lord Kirkhope of Harrogate Excerpts

Monday 28th June 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I can reassure the noble Lord that the Government are considering all options as part of the integrated rail plan and of course, Northern Powerhouse Rail is a very important part of that. Once the IRP is published, Transport for the North will submit a business case consistent with policy and the funding framework.

[Lord Kirkhope of Harrogate (Con) [V]]

My noble friend’s idea of an underground magnetic railway between northern cities certainly has a strong attraction, especially following Elon Musk’s proposal for 1,000 mph trains in the United States, and especially coming from a former deputy chair of Transport for London. However, as Transport for the North has said, our aims in the north should be to improve the frequency, capacity, speed and resilience of our transport system. Can my noble friend go a little further in telling us, in a realistic way, how the Government intend to facilitate those aims in the near future?

[Baroness Vere of Norbiton (Con)]

The Government are working extremely hard on setting out plans as to how we will improve connectivity in the north. As I mentioned previously, the integrated rail plan will be published soon and will bring together the benefits of not just High Speed 2 but Northern Powerhouse Rail and other very significant projects across the north. Of course, our investment in traditional rail and upgrading and improving our current lines also continues.

Drivers’ Hours and Tachographs (Temporary Exceptions) Regulations 2021

Lord Kirkhope of Harrogate Excerpts

Thursday 18th March 2021 Lords Chamber

[Lord Kirkhope of Harrogate (Con) [V]]

My Lords, while it is inevitable that, in debating these regulations, one might legitimately feel that we have missed the bus, it would be more appropriate to apply the term déjà vu. Taking note of something that has already happened is of rather less value that scrutinising proposals and offering advice before implementation. It is now only a matter of a few days before these temporary provisions end. I assume that we might hold a similar debate in a couple of months if we see a further extension of the provisions but, with déjà vu, we can at least look back at the approach to drivers’ hours and conditions to contrast and compare. In doing so, perhaps we might better judge the validity or otherwise of these regulations.

Since the 1930s, Governments have recognised that commercial pressures can lead transport operators and drivers to indulge in excessive driving that can endanger themselves and other road users. Fatigue and its effects on driving safety were first properly recognised in the Road and Rail Traffic Act 1933, which, incidentally, was two years before we even had driving tests in this country. It was introduced to protect us all from the negative effects that I mentioned, and it began a process in which Governments ever since have followed some basic principles, namely: promoting road safety by requiring drivers to have adequate rest and breaks, and preventing excessive driving; a desire for common international rules and to ensure that competition between hauliers and coach operators is fair; and giving drivers reasonable conditions of work and leisure, and stopping exploitation.

UK legislation on drivers’ hours was introduced by the Transport Act 1968. When the UK joined the then EEC, it adopted the European social regulations of 1969. The use of tachographs had been compulsory in the EU since 1975, but the UK initially failed to implement this requirement until obliged to do so in 1981. The only major changes since then have been to incorporate the provisions of the working time directive in 2005, limiting total working time, although we have introduced many detailed provisions of implementation by statutory instrument since then. By and large, with the agreement of business and the unions, we have adhered to these provisions, with the drivers’ hours regulations being especially strictly followed.

In 2009, the then Government held a consultation on the clarity of the rules which indicated that the complexity and finer details were still misunderstood. Governments have expressly stated that only in exceptional circumstances could there be any amendment to the rules. Looking back, that policy has been correctly followed. Examples of variance and relaxation came about with the foot and mouth disease in 2007, a derogation for military reservists, also in 2007 and the proposed fuel tanker drivers’ strike in 2012. The current Government introduced emergency relaxation, as we know, to protect the supply chain because of Covid-19 between March and May last year. They are continuing to pursue this by successive extensions, citing not only the Covid situation but the effects from us leaving the EU. To the extent that the pressures are temporary, the regulations can be accepted but, as we move out of the pandemic, any wish to continue these arrangements to cover ongoing problems brought about by our new EU status and our cross-border trade should be examined more vigorously.

There are some concerns that there could be either repeated temporary easing of regulations, or a longer-term or permanent situation. I would like the Minister to give greater assurances on this in her concluding remarks. I would also be grateful if she could confirm that the proposals we are looking at today change only drivers’ hours and rest periods, and that the more extensive rules and regulations dealing with the way in which driving periods and rest are allocated in the course of any week, and compensation arrangements for reductions in rest periods, are not being affected by these provisions. Employers and operators need reassurance on this point. Employers in particular have great difficulty in interpreting anything that is not crystal clear as to the legal position. It would be most unfair if these changes encouraged unfair competition. We all have a duty to protect both employers and employees, just as was described and hoped for back in 1933—but, of course, I will support my noble friend on these measures.

Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2020

Lord Kirkhope of Harrogate Excerpts

Monday 16th November 2020 Lords Chamber

[Lord Kirkhope of Harrogate (Con) [V]]

My Lords, here we are again, debating yet more of the necessary instruments ahead of the end of the transition period, following our leaving the EU. Of course, they are necessary; without them we would have no suitable regulations in place to replace those where the ultimate arbiter at present is the European Commission. However, these changes, like so many others in this plethora of statutory instruments, present us with a number of questions. I intend to concentrate on the third instrument, which deals with carbon dioxide emissions from heavy-duty vehicles.

To prepare for this debate I took it on myself to consult logistics managers and vehicle constructors. I have also looked with interest at some of the Department for Transport’s own plans and ideas for the future of road transport in the UK. The statement by the UK Government that they now aim to see the end of sales of new diesel and petrol engine cars and vans by 2030, not as previously planned, is interesting but it does not extend to heavy-duty vehicles, including buses and trucks. These are covered, as we all know, by the current EU regulations that set out targets for CO₂ emission reductions of 15% in 2025-29 and 30% from 2030. It is those regulations that we seek to retain but under UK control.

We must realise that in recent years EU truck standards have tended to focus on air quality rather than CO₂ emissions, hence the current Euro 6 standard for new trucks, which has radically and successfully reduced emissions of nitrogen oxide and visible soot but has made much smaller impacts on CO₂ emissions. Transport emissions of CO₂ in the UK have fallen by only 3% since 1990, compared with total domestic CO₂ emissions, which have reduced by 43%. The provisions before us say nothing about the replication or replacement of Euro 6 standards. Can my noble friend point us in the direction of how this will change? Will we need to replace Euro 6 with “UK 6”?

UK logistics providers work on the basis of investment in trucks with useful lifespans to them of at least 10 years. This means that new diesel vehicles being ordered now will still be in service in 2030. Many of these vehicles that reach the age of 10 are then placed in a world marketplace and can enjoy many more years of active service in other parts of the world. In the case of UK trucks, that is normally in other right-hand drive markets, in Africa and elsewhere in the developing world.

As my noble friend knows, the DfT is working on an interesting set of future possibilities in its transport decarbonisation plan, which is promised by the end of this year. Can she confirm that in the deployment of the regulations we are debating today the outcome of that plan will be part of the process of future guidance to logistics operators and manufacturers? Among the areas being considered as replacements for petrol and diesel power are battery electric, hydrogen fuel cells, electric road systems such as trolley buses, biogas and synthetic fuels. Bearing in mind the long lead time for investment, the heavy-duty vehicle industry needs as much certainty as possible as to what the future direction will be.

The UK is lucky that we have many experts in engineering and academia who are willing to assist, but in order to meet future emissions standards we must be clearer as to our desired direction soon. With the hosting of COP 26 next year, the UK has a great opportunity to find a new set of objectives, not only for cars and vans but for HGVs. These regulations do what they have to do but, like so many other EU SIs, they answer only half the question. I mentioned the Euro 6 standard for nitrogen oxide and we have here specific targets for limiting CO₂ but even if we adopt the agreed EU position now, how do we intend to maintain the standards which might be enhanced by the EU in future? Will we always agree to maintain international standards? If not, we could be left on our own in a gloriously isolated way, with implications for our manufacturers and operators of vehicles.

I note, and my noble friend confirmed this in her opening speech, that the Government maintain that the instrument has been designed to

“ensure the UK can meet its commitment to ensuring that UK CO₂ emissions regulation is at least as ambitious as current arrangements; and … provide certainty to vehicle manufacturers”.

This is welcome but will my noble friend explain how, if we wish to improve on EU regulations, we will ensure that those improvements will be acceptable to the EU so as not to disadvantage our businesses? HGVs currently do not have the same time limits on their propulsion systems as cars and vans, but it is in everybody’s interest to deal with their emissions as part of our environmental improvements. I just want to be sure that after the end of the EU transition period we do not end up with confusion, contradiction or a deprivation of our businesses’ ability to succeed in this new and challenging international marketplace.

Flybe

Lord Kirkhope of Harrogate Excerpts

Thursday 5th March 2020 Lords Chamber

[Baroness Vere of Norbiton]

I thank the noble Lord for his comments. I will certainly make sure that the Treasury sees them.

[Lord Kirkhope of Harrogate (Con)]

Will my noble friend acknowledge the fact that, often, the slots available to airlines are of more value than the trading conditions? Can she confirm that we will not see here a market for slots, from which a number of airlines will benefit without taking the social responsibilities that will be lost as a result of this failure?

[Baroness Vere of Norbiton]

My noble friend makes an important point about the tension between the slots, social responsibility and regional connectivity. The Government will be looking at that issue with keen interest as the Flybe assets go through the insolvency process. As my noble friend will know, slots are subject to an independent system of allocation managed by Airport Coordination Limited, which follows international rules. The Government are alive to what my noble friend is saying.