Heavy Commercial Vehicles in Kent (No. 1) (Amendment) Order 2020

Lord Rosser Excerpts

Thursday 26th November 2020 Lords Chamber

[Lord Rosser (Lab)]

My Lords, the orders extend the sunset clauses of existing 2019 orders, as the Minister said, from the end of this year so that heavy commercial vehicles can continue to be regulated by traffic officers in Kent until the end of October next year. That is to keep Operation Brock, which is intended in particular to keep the M20 in Kent open in both directions, on the road in a bid to avoid the consequences of cross-channel travel disruption. The orders also provide for penalties for drivers of heavy commercial vehicles who do not have a valid Kent access permit, and for heavy commercial vehicles carrying priority goods via the Channel Tunnel or the Port of Dover to be given priority when travelling through Kent.

Since we are only just over a month away from the end of the transition period, could the Minister place on record the Government’s latest assessment of the likely level of cross-channel travel disruption from the beginning of January, since I assume this is a matter that the Government now keep constantly under review? The Explanatory Memorandum says:

“The Government’s reasonable worst-case scenario suggests that there might a freight flow of 60% to 80% of usual volumes at the short Channel crossing in the weeks following the end of the transition period, and that could lead to queues of up to 6,500 HCVs for January 2021 rising to 7,000 in February 2021 in Kent.”


What does that actually mean in terms of travel disruption? It also says:

“The traffic management measures proposed would only be used during temporary activations of Operation Brock”.


How often, and in what circumstances, is it expected that Operation Brock will be activated? Is it expected to be activated after February, since the Explanatory Memorandum refers to queues of numbers of heavy commercial vehicles only up to February 2021?

The Government are introducing an online check for heavy commercial vehicle drivers taking goods from this country to the EU, which would enable them to confirm at the point of loading their goods that they had the appropriate border documentation. If so, they would then be advised that they could continue their journey. If they did not have the necessary documentation they would be told not to take the goods until the trader had provided all the relevant documentation. Use of the online check for heavy commercial vehicles will be necessary to obtain a Kent access permit, enabling travel on the M20 or the A2/M2. The Government intend to make the use of this online check mandatory for those travelling through Kent to reduce the number of heavy commercial vehicles coming into the county that were not border-ready to travel from Dover or through the Channel Tunnel.

To what extent do the Government expect the new mandatory online check to reduce the need to use a stretch of the M20 and off-road holding areas in Kent for heavy commercial vehicles waiting to cross the channel? Will it eliminate that need? If not, to what extent will they still be needed, and by a maximum of how many heavy commercial vehicles at any one point? What will be the extent of delays if on-road and off-road holding areas have to be used? How much longer, on average, will it take a heavy commercial vehicle to complete the journey across the channel, once in Kent, than it does now?

If there are to be delays for heavy commercial vehicles in Kent and the need for the use of holding areas, what facilities will be available for use by the drivers of those vehicles from the end of the transition period? Can the Government guarantee now that there will be no issue of insufficient driver welfare facilities, including sanitation, toilets and food, being available from the end of the transition period at the beginning of January? Is it expected that the arrangements provided for in these orders will not be needed at all after the end of October next year, when the orders cease to have effect, or do the Government anticipate having to extend them again?

It is suggested that a reason for delays in Kent could be queues created by extended checking procedures at the port of disembarkation on the other side of the channel, causing blocking back. Is that the case, and by what length of time will journeys for heavy commercial vehicles be extended by new checking procedures at the port of disembarkation on the other side of the channel? Will there be new checking procedures that extend journey times for heavy commercial vehicles travelling in the other direction from France to the UK via Dover or the Channel Tunnel and, if so, will that be as a result of checks this side or the other side of the channel? By how much would journey times be extended on average?

What will be the increase in the number of customs declarations per annum required to be processed in respect of heavy commercial vehicles travelling through Kent en route to the other side of the channel after the end of the transition period, compared with the current annual figure? A question was asked during the debate in the Commons on these regulations about the number of additional customs agents who would be required to manage the increase in customs declarations, but it did not receive an answer. How many customs agents will be required after the end of the transition period, compared with the number needed to handle the current number of customs declarations each year, and how many additional customs agents recruited will be in place from the end of the transition period in some five weeks’ time?

The regulations provide for financial penalties to be imposed on drivers who breach these regulations, most of whom will not be residents of this country. Will there be on-the-spot fines payable immediately, or will there be a set number of days in which to pay? Will a breach of the regulations in all or any cases be regarded as a criminal offence? As my noble friend Lord Whitty and others have asked, is it right that a driver should be fined for having incorrect documentation, which is surely the responsibility of the company sending the goods?

The heavy commercial vehicle sector of the road haulage industry has helped keep our country going during the coronavirus outbreak; in particular, in maintaining essential deliveries of food, medical supplies and other goods. We do not want to see this vital sector hit by chaos at, or near, our major points of exit for UK trade in goods at Dover and the Channel Tunnel. I hope that the Government will be able to respond now or subsequently to the many questions and points that have been raised by noble Lords, including me, during this debate, and provide assurances that chaos at our major point of exit for UK trade in goods is not going to materialise.