Lord Rosser debates involving the Department for Transport during the 2019 Parliament

Thu 4th Mar 2021
Mon 8th Feb 2021
Thu 28th Jan 2021
Air Traffic Management and Unmanned Aircraft Bill [HL]
Lords Chamber

3rd reading (Hansard) & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords & 3rd reading
Thu 21st Jan 2021
Air Traffic Management and Unmanned Aircraft Bill [HL]
Lords Chamber

Report stage (Hansard) & Report stage (Hansard) & Report stage (Hansard): House of Lords & Report stage

Hauliers

Lord Rosser Excerpts
Thursday 4th March 2021

(3 years, 1 month ago)

Grand Committee
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Lord Rosser Portrait Lord Rosser (Lab) [V]
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The issue is the extent to which the current difficulties faced by international hauliers are temporary ones that will be resolved in the next few months or either permanent or likely to be long-term. I am advised that the key issue is the value of exports being transported. Do the Government have any up-to-date figures on that aspect?

I am told that a higher percentage of traders than normal are having to head back to Calais empty due to Brexit difficulties; that there is a shortage of customs agents; that Northern Ireland haulage is down by half; and that while some sectors—mainly those with bigger businesses—are managing and masking the overall economic damage that is occurring, other sectors are being decimated, with agricultural rules in particular being very difficult for traders to overcome. No doubt the Minister will cover some of these points in her response.

Transport for London: Financial Settlement

Lord Rosser Excerpts
Tuesday 2nd March 2021

(3 years, 2 months ago)

Lords Chamber
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Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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My Lords, TfL has also received billions of pounds over the Covid pandemic. I am not sure where the noble Baroness is getting her information from about the differential between the conditions that are put on the train operating companies and on TfL. The Government make demands on the train operating companies. We work incredibly closely with them on, for example, what the level of services should be and whether engineering works should take place. We put significant conditions on our support for them. We put some conditions on TfL support, such as looking at the future of driverless trains and increasing efficiency targets. All these things are perfectly reasonable.

Lord Rosser Portrait Lord Rosser (Lab) [V]
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Instead of levelling up the north, where the Government have cut £4 million from Transport for the North, clearly the Government intend to level down London’s transport network. Virtually every answer that we have heard from the Minister today has confirmed that this is the Government’s approach. Can the Minister confirm or otherwise that the Government are not seeking to force TfL into making cuts to its service level, which would be completely counterproductive and place at risk the economic recovery of central London, which, like it or not, is still the engine of the UK economy?

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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The Government will provide funding to TfL. We have already said that we will and that we want to keep the capital moving. That is essential. We can also agree that the forecast scenarios that are available for passenger demand will, quite frankly, resolve only over a period of time. The Mayor of London is going to have to think about his capital expenditure and service levels in the future. He may have to make difficult decisions, but there are a number of reforms that the Mayor of London should have done but has not done, and probably should do in the future, in addition to potentially looking at service levels.

Rail Freight: Channel Tunnel

Lord Rosser Excerpts
Wednesday 24th February 2021

(3 years, 2 months ago)

Lords Chamber
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Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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I am not sure about the delays to which my noble friend has referred, but it is the case that at the end of the year, freight flows decreased somewhat owing to both testing for hauliers, which had to be put in place quickly in December, and preparations for the end of the transition period in January. However, I reassure my noble friend that all freight is now flowing as it should.

Lord Rosser Portrait Lord Rosser (Lab) [V]
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The Minister said that there has been a 34% increase in freight truck traffic through the Channel Tunnel in February compared with January. Can she say whether that is a 34% increase in volume or in value, and does it apply equally across all sectors of industry and services?

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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I would love to have the answers to those questions, but I am afraid that I do not, and I do not have a calculator with me at this moment. However, I will write to the noble Lord with the details he has set out. It is the case that, in January, we were looking at daily HGV traffic flows in the region of around 2,800 vehicles on average and that we are now up into the area of mid-3,000 vehicles. I will write to the noble Lord with the analysis that he would like to see.

HS2: Phase 2B

Lord Rosser Excerpts
Monday 8th February 2021

(3 years, 2 months ago)

Lords Chamber
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Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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The noble Baroness has been in this House long enough to know that I cannot possibly confirm that, because of course to have legislation, particularly a very complicated hybrid Bill, there are a number of steps that we have go through beforehand. One of those steps will be the publication of the integrated rail plan. It will be published in early 2021—so, very shortly—and in it we will set out exactly what we will do for the eastern leg and how we will integrate it with plans for Northern Powerhouse Rail and Midlands Engine Rail.

Lord Rosser Portrait Lord Rosser (Lab) [V]
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The National Infrastructure Commission’s report is clearly a further blow to the east Midlands and Yorkshire economies, the Government having already pulled back on the full electrification of the east Midlands main line. Reference has already been made to the 120 business leaders from across the north and the Midlands who wrote to the Prime Minister calling for the full delivery of the eastern leg of HS2. Is the Minister giving us a commitment that the Prime Minister will be restating his commitment to the eastern leg of HS2 in the integrated rail plan, within the existing timescale for the completion of that eastern leg?

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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I am not sure precisely what commitment the noble Lord would like me to give, but the Prime Minister recently spoke about

“the power of great infrastructure projects to deliver jobs, which is why we are getting on with both the eastern leg of HS2 and Northern Powerhouse Rail.”—[Official Report, Commons, 9/12/21; col. 839.]

Rail Fares: Flexi-season Tickets

Lord Rosser Excerpts
Thursday 4th February 2021

(3 years, 2 months ago)

Lords Chamber
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Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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Train services and fares are, of course, devolved in Wales, but I recognise the noble Lord’s point about passengers who want to go from Wales to England for work, for example. I encourage him to raise this issue with Sir Peter Hendy in his union connectivity review, because it is really important for people who need to travel for employment reasons that the means of travel are there in terms of the services, but also that the fares fit as well.

Lord Rosser Portrait Lord Rosser (Lab) [V]
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First, how will the pending increase in fares encourage people back on to our trains, bearing in mind that much passenger business is optional leisure travel, and commuter traffic will become more price-sensitive as home working for at least part of the week is likely to become a permanent option for many? Secondly, if cheaper fare promotions are going to be used to encourage people back on to our trains, who, under the present contractual arrangements between the Government and the train operating companies, will have the final say on what those cheap fare promotions will be: the Government or the train operating companies?

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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The recent increase in fares was 2.6%, 1% below inflation. This is the lowest increase for four years. In addition, the Government delayed the increase by two months to 1 March. But it is case that taxpayers have been spectacularly generous to the railways in terms of support over the Covid period. We must ensure that there is a good balance between the taxpayer and the passenger, so we are content with a small increase in regulated rail fares. On the potential schemes and other measures that may be put in place, the Government will be working very closely with the train operating companies. All ideas are welcome, and when it is time to get people back on to public transport, we will put those in place.

UK Logistics Industry

Lord Rosser Excerpts
Monday 1st February 2021

(3 years, 2 months ago)

Lords Chamber
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Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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It is the case that some lorries return empty. The noble Baroness quoted a figure of 50% but the Government’s figures are actually 30%. That is a bit higher than it has been in the past but over the coming weeks and months the haulage system in general will readjust, particularly in terms of the requirements of the trade and co-operation agreement regarding cabotage and cross-trade. I would expect to see fewer empty lorries going back.

Lord Rosser Portrait Lord Rosser (Lab) [V]
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My Lords, there are repeated reports of UK companies switching and looking to switch at least part of their operations to countries inside the EU in order to overcome additional regulations, customs checks and costs of transporting goods to the EU following our departure from it. Is this a development that the Government are encouraging and supporting, despite the potential adverse impact on jobs, economic activity—including the logistics industry—and tax revenue in the UK?

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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I think the noble Lord is referring to some individual anecdotes. We are not aware that this is part of a systematic picture of a substantial shift. The vast majority of traders within Great Britain and Northern Ireland are ready to meet the new requirements at the border and are trading successfully.

Air Traffic Management and Unmanned Aircraft Bill [HL]

Lord Rosser Excerpts
Baroness Vere of Norbiton Portrait The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
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In moving that the Bill do now pass, I shall make some brief observations and reflect on its passage. At the outset, I thank the noble Lord, Lord Tunnicliffe, for his patience, focus and good humour in scrutinising the Bill, and the noble Baroness, Lady Randerson, for her very valued input. I also thank the cadre of noble Lords who showed a particular interest in this very important Bill and shared so much of their experience and wisdom in scrutinising it. Contributions and questions from all sides were thorough and searching. We listened to concerns and made changes where needed, and we have a better Bill for it.

The Bill has had a rather longer gestation than I would have liked, but that was to be expected in the circumstances. Having been introduced to your Lordships’ House in January 2020, it entered an unprecedented period which has thrown numerous challenges at the Bill and, of course, the aviation industry. However, the Government are clear that the powers in the Bill remain critical, even in the current Covid-19 context. The need to modernise the UK’s airspace has not changed, and the Bill will help reduce aircraft noise, reduce traffic delays and support the aviation industry’s recovery and growth. Additionally, there are emissions savings from modernisation.

It has been 20 years since the establishment of an economic regulatory regime for the provision of en-route air traffic control services. The Bill will modernise regulatory provisions relating to air traffic services, provided by NATS (En Route) plc, or NERL, and regulated by the Civil Aviation Authority, ensuring that the framework remains fit for purpose and continues to build on the UK’s excellent safety record. Following Report, the Bill now also enables the Government to continue to provide alleviation from the requirement to use slots at co-ordinated airports 80% of the time for them to be retained. These powers will be temporary, until August 2024, and I thank all noble Lords for their constructive engagement on these amendments. It was far from ideal to bring these amendments to your Lordships’ House before Report; however, Covid-19 has provided many unexpected twists and turns.

Finally, the Bill will give the police new powers to enforce the existing law surrounding unmanned aircraft to ensure the skies above us are safe without damaging the unmanned aircraft industry. There are, as ever, many people beyond your Lordships’ House who have helped shape the Bill—the CAA, NATS, the police and others across government—and, of course, we have a fantastic and more than a little patient Bill team who have had to shepherd the Bill through interesting times. I am very grateful for their hard work and persistence.

Lord Rosser Portrait Lord Rosser (Lab) [V]
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Speaking for myself and my noble friend Lord Tunnicliffe, I take this opportunity to thank the Minister and all her officials and colleagues involved with the Bill for their willingness to have informal meetings to discuss, in an open and helpful way, a range of complex issues relating to the Bill as a whole and Parts 1 and 2 in particular. This has greatly contributed to effective scrutiny, needed technical amendments and useful clarifications and amplifications, including those read into Hansard by the—

Baroness Watkins of Tavistock Portrait The Deputy Speaker (Baroness Watkins of Tavistock) (CB)
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The noble Lord, Lord Rosser, has been cut off, so we will proceed with the noble Baroness, Lady Randerson, and return to the noble Lord if we can.

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Baroness Watkins of Tavistock Portrait The Deputy Speaker (Baroness Watkins of Tavistock) (CB)
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I call the noble Lord, Lord Rosser, who I think is back in contact.

Lord Rosser Portrait Lord Rosser (Lab) [V]
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I am afraid that I have little alternative but to start again from the beginning, because I do not know at what stage I got cut off, so I hope that noble Lords will forgive me for that.

Speaking both for myself and for my noble friend Lord Tunnicliffe, I take this opportunity to thank the Minister and all her officials and colleagues involved with the Bill for their helpful approach and willingness to have informal meetings to discuss in an open and constructive way a range of complex issues relating to the Bill as a whole and Parts 1 and 2 in particular. That has greatly contributed to effective scrutiny, needed amendments and useful clarifications and amplifications, including those read into Hansard by the Minister on Report. I know that my noble friend Lord Tunnicliffe has been particularly appreciative of this way of working with the Minister and her team. It has undoubtedly resulted in a better Bill.

I also thank Ben Wood in our office for all his hard work, which has been of real value to me and to my noble friend Lord Tunnicliffe on the Bill. Our thanks go, too, to all other Members of your Lordships’ House and outside organisations with whom we have worked, not least the noble Baroness, Lady Randerson.

As has been said, the Bill has not had the quickest of passages through the House. It started out in your Lordships’ House a year ago around the time when, as I remember it, I was temporarily out of action. It now goes to the other place for their consideration, and I am quite sure that the work that we have all done on the Bill will assist its passage through the Commons.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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My Lords, once again, I thank all noble Lords for their contributions. I of course note the points raised and look forward to further debate in the coming months on matters relating to aviation and unmanned aircraft. With that, I think we are done: the Bill is clear for take-off.

Drivers’ Hours and Tachographs (Amendment) Regulations 2020

Lord Rosser Excerpts
Tuesday 26th January 2021

(3 years, 3 months ago)

Grand Committee
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Lord Rosser Portrait Lord Rosser (Lab) [V]
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I thank the Minister for her concise explanation of the content and purpose of these regulations. I must say, I also found the Explanatory Memorandum heavy going.

These regulations ensure that the drivers’ hours and tachograph rules for commercial road transport, lorries and coaches in the trade and co-operation agreement are applicable to journeys between the UK and the EU and can be enforced. They were laid under the “made affirmative” procedure, meaning that they applied instantly when they were laid shortly after the trade and co-operation agreement with the EU was concluded late last month. That agreement made no changes to the drivers’ hours and tachograph rules applicable to journeys between the UK and EU.

The Government have said that these regulations are needed urgently to ensure that the drivers’ hours and tachograph rules can continue to be enforced under the terms of the trade and co-operation agreement, and that the urgency arose because there was such a short period of time—a few days—between the conclusion of the agreement and the end of the transition period on 31 December 2020.

Due to the tight deadline for making these legislative changes, and with the agreement of the Department for Infrastructure in Northern Ireland, these regulations include changes affecting Northern Ireland even though the drivers’ hours and tachograph rules are a transferred matter for Northern Ireland. Indeed, such was tightness of the deadlines that, on top of the regulations being made under the “made affirmative” procedure, there was no time for consultation on them, for an impact assessment or to update an earlier impact assessment that was apparently completed.

We are not opposed to the regulations since they do not represent a change to the drivers’ hours and tachograph rules; we accept their necessity. However, Parliament’s role in scrutinising this legislation has been marginalised, to say the least. In the debate so far, a number of questions have been asked and issues raised.

I note what the Minister said about the importance, safety-wise, of the regulations on drivers’ hours and the potentially serious consequences for the drivers concerned and other road users if they are not adhered to.

As has already been said, we gather that the Government are reviewing legislation on workers’ rights and protections even though we have barely cut our ties with the EU. Could the Minister say if the drivers’ hours rules applicable in Great Britain are currently under review and, if so, whether consultation will be somewhat greater than it has been in respect of these regulations? Have there been any discussions with the road haulage industry and coach industry on drivers’ hours regulations, or have the Government sought their opinions and views? Have the trade unions representing drivers been involved in any such discussions or been approached for their opinions and views? What is the view of the Department for Transport on the existing drivers’ hours regulations and whether they should be changed, and, if so, in what direction and in what way?

The drivers’ hours regulations can be enforced through the use of tachographs. In recent years, there have been a number of high-profile cases of tachograph falsification. In light of the importance the Minister rightly attaches to adhering to the drivers’ hours regulations, do the Government have any further steps in mind to clamp down on such tachograph falsifications? My noble friend Lord Berkeley referred to some practices that seem to take place.

Hauliers have played a key role over many months in the provision and availability of essential supplies during the current pandemic. They both need and deserve the protections the current regulations provide if properly enforced—as they should be.

The Government have introduced a temporary relaxation, until the end of March, of the enforcement of the retained EU drivers’ hours rules in England, Scotland and Wales for drivers involved in the international carriage of goods by road and between Great Britain and Northern Ireland. These measures include extending the EU daily driving limit and reducing the daily rest requirements. This has been largely necessitated by the prospect of delays at our borders following our withdrawal from the EU and the lack of government notice and guidance to the haulage industry—or indeed anybody else affected—on what needed to be done to adapt to the changes arising from our withdrawal. What impact, if any, do these regulations have on the current relaxation and enforcement of EU drivers’ hours rules, and what impact does the current relaxation of EU drivers’ hours rules have on the application and enforcement of these regulations?

Finally, in light of noble Lords’ comments on enforcement, safety and Brexit during this debate, what assessment was made of the safety implications of temporarily extending the EU daily driving limit and reducing the daily rest requirements? Could the temporary relaxation of EU drivers’ hours rules have been made while we were members of the EU, or was it possible only because we cut all ties with the EU at the end of last month?

Air Traffic Management and Unmanned Aircraft Bill [HL]

Lord Rosser Excerpts
Lord Bradshaw Portrait Lord Bradshaw (LD) [V]
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My Lords, there is a real and strong disagreement within your Lordships’ House. There are those whom I would call almost the “free enterprise at all costs” people, such as the noble Lord, Lord Naseby. They would have very little and ineffective regulation of the system. Then there are those who are being cautious about the fact that this is a rapidly developing industry, while we know that some part of the industry is in the hands of the most unscrupulous people.

I do not accept the assertions of the noble Lord, Lord Naseby, that a police constable is going to interfere with people whom he knows are legitimately carrying out proper business of this sort, such as looking at bridges or buildings. These people will, or should, be registered in a separate register of those who have legitimate reasons to fly drones. Those who do not have a legitimate reason should, in many cases, be subject to the full force of the law because much of what they are doing is illegal.

The other thing is that drones can be a big nuisance factor. We will come on to that in a later amendment, when we talk about areas of outstanding natural beauty. But in her approach to this, the Minister should think about people who are legitimate drone owners—those who are licensed and registered with the CAA, and presumably the local police or enforcing authority—and those who probably should not be let near drones, and are using them for nefarious or criminal activities. However, in considering this amendment, it is important to say that this industry is developing very quickly. The thought of it proceeding on its way with a formal system of being able to review the way it is turning out, probably fairly often, seems a sensible precaution.

Lord Rosser Portrait Lord Rosser (Lab) [V]
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I will direct my comments to Amendment 14 but will listen carefully to the Minister’s response to all the points made in respect of Amendment 15.

Amendment 14, moved by the noble Baroness, Lady Randerson, would require the Secretary of State to lay before Parliament a review of legislation relating to unmanned aircraft and whether it provides sufficient protection to individuals. The amendment also sets out a number of issues to which such a review should refer but to which it should not be restricted. The review would be required to make a recommendation on whether the Government should bring forward further legislation in the light of its findings.

Unmanned aircraft—drone—technology is developing fast, and the Government need to ensure that they are proactive, not reactive, when it comes to legislating, where necessary, to reflect developments in this technology and the expansion in the use of drones in the public services, by the Armed Forces and in both the commercial and leisure sectors, as well as by those whose priority may not be operating drones safely and responsibly.

As has been said, unmanned aircraft offer great benefits to society but can also lead to significant areas of concern. Emergency services are utilising drones to save lives, and parcel and freight companies, for example, look to use drones to deliver vital medical supplies as well as day-to-day purchases. Unmanned aircraft are now used in many industries to carry out work that is potentially hazardous for human beings or can be done much more quickly or thoroughly by the use of drones. They are also used by the police, as we have seen during the current Covid-19 crisis and the associated lockdowns—an aspect to which the noble Baroness, Lady Randerson, referred.

However, there is another side, as we saw from the drone sightings at Gatwick Airport not so long ago, which resulted in flight cancellations and diversions affecting many thousands of passengers. It led, I believe, to a COBRA meeting being convened and the Army being called in, and it also highlighted the urgent need for this Bill, which nevertheless has been going through this House at a snail’s pace and still has to go through the Commons.

We have to be in a position to be sure that legislation keeps pace with developments in the increasing use, and, most importantly, potential misuse, of unmanned aircraft, as they become more sophisticated and powerful in what they can do and for how long—as well as in their range and areas of activity, not least the monitoring of civilians, and in relation to who uses them. As the noble Baroness, Lady Randerson, also said, drones are used for criminal activity as well.

There is a need to ensure that legislation continues to provide sufficient protection to individuals and that this does not get overlooked in this developing field of technology. There needs to be a mechanism for ensuring the continued adequacy and appropriateness of existing legislation, including this Bill, in a field of activity that is expanding and moving forward and will continue to do so with some rapidity.

It is not sufficient to say that legislation will be kept under review: there are so many areas nowadays, across so many departments, where the Government tell us that legislation is kept under continuous review. We need something in the Bill to ensure that, in such a fast-developing field as unmanned aircraft and the uses to which they are put, regular reviews of legislation take place, covering, but not limited to, the specific points referred to in the amendment. It is equally important that Parliament has a clear role in the review process, which is also provided for in this amendment. Amendment 14 has our support.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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My Lords, I thank all noble Lords who have taken part in today’s debate. I will take each amendment in this group in turn, starting with Amendment 14, in the name of the noble Baroness, Lady Randerson, which the Government believe is neither necessary nor appropriate.

The purpose of Part 3 is to attach police powers to offences in a separate piece of legislation—the Air Navigation Order 2016—and to other offences. Therefore, this Bill is not the appropriate place for a requirement to review unmanned aircraft legislation. Furthermore, a number of reviews are already due to take place. I hope this will satisfy the noble Baroness that her amendment is not necessary.

The ANO 2016 is the legislation that currently sets out offences that are specific to unmanned aircraft. Article 275 of the ANO 2016 states that it must be reviewed every five years, and its first statutory review is due to be completed by August 2021. This review will assess the extent to which the law surrounding unmanned aircraft, in so far as it is laid down in that instrument, is operating effectively to achieve its objectives. Of course, this may well be within the noble Baroness’s six-month timeframe.

As the impact assessment for the Bill states, this legislation will be kept under continuous review to ensure that it achieves its objectives: to address the key gaps identified from the 2018 consultation on the future of drones in the UK and to improve the ability of the police to respond to UA misuse, thereby reducing the irresponsible and malicious use of UA. This is in line with the Government’s practice of keeping all UA legislation under review, regardless of whether there is a legislative requirement to do so.

Moreover, ordinarily, a five-year timeframe applies to post-implementation reviews of legislation. This is recommended in the Government’s better regulation framework and the requirements of the Small Business, Enterprise and Employment Act 2015, in relation to new measures adopted in secondary legislation regulating business and the voluntary sector. Furthermore, the Counter-Unmanned Aircraft Strategy, published in October 2019, commits the Government to continuing to develop proposals for inclusion in future legislation, so that the legal framework within which operational responders must operate does not become obsolete or hamper their ability to respond to and investigate malicious drone activity. I am very much hoping that these forthcoming reviews will reassure the noble Baroness and other noble Lords that the Government take our ability to legislate for the fast-moving world of the unmanned aircraft sector very seriously indeed, and we have work ongoing to make sure that our legislation is up to date.

The noble Baroness briefly mentioned the use of drones by the police. We have had a few conversations about this issue. It might be worth reassuring her that the police have to abide by the same laws as everybody else. Drones are incredibly helpful to police forces and can often be used in places where there is risk to life or where a helicopter might be too expensive or not as efficient. The police have to act within the same laws as everybody else and have operational procedures that overlay those laws in terms of the right way and right circumstances in which to use drones. Decisions for their use are put into place by each police force, which has clear guidance on how they are to be used.

Responsible use is of course really important—for example, on the collection and use of video footage, again, unsurprisingly, the police have to follow the same laws as everybody else. There is also a legal position on public bodies’ use of video footage that is well regulated by directed surveillance authorities. The police are responsible for ensuring that data is collected, processed and stored in accordance with the law. In terms of the safe operation of a drone, the police must do so in accordance with the Air Navigation Order 2016 and, where needed, if the operation is slightly riskier, they will have to apply to CAA for operational authorisation —as, indeed, does anyone else. If any individual has concerns about the use of drones by police, of course they can make a complaint to the police and crime commissioner or the mayor, where appropriate.

I turn to the amendment tabled by noble and gallant Lord, Lord Craig of Radley, which generated an interesting and lively discussion on permissions for commercial operators. Now that the implementing regulation is in place, there is no difference in the requirement to obtain a permission for a commercial or a recreational operator. I will call them “recreational operators” but there are all sorts of different operators. That is absolutely right, because I do not subscribe to the view that “commercial” is good and “recreational” is necessarily bad. Creating that false dichotomy is not really helpful.

It is down to risk, rather than who the person is with their hands on the control. So the implementing regulation draws no distinction between commercial and recreational flights and the ANO has already been amended to reflect that. Of course, the offences that noble Lords are discussing today relate to that ANO but do not amend the ANO itself. So the need to obtain a permission for a purely commercial operation has now been revoked—but, of course, that could be a good thing. Many commercial operators will now be very pleased, because they will not need to apply for a licence to fly a drone which a recreational operator standing right next to them could fly without a licence.

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Baroness Randerson Portrait Baroness Randerson (LD) [V]
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My Lords, I welcome the raising of this fresh issue. I have had representations from residents in Shropshire about a sudden unexplained increase in aircraft noise in their area. In this case the noise was undoubtedly caused by civilian flights. People who suddenly find themselves underneath flights by the Air Force and the military often understand the need for those, but they may be more concerned about civilian commercial flights.

Even the local councillors could not find the cause. They could not discover where the flights were coming from, or why there had been a sudden increase. Was a new airline operating from a nearby airport? Were the schedules, or the destinations, different? They could not find the answer, and then along came the pandemic, and there was no longer a problem. However, that does not mean that the problem has disappeared for ever, or that it will not be back in the reasonably near future.

Even if that problem does not return in Shropshire, that would not undermine the important principle behind the amendment. I thank the noble Lord, Lord Randall, for tabling it. Areas of outstanding natural beauty and national parks are subject to numerous protections in terms of planning, the natural environment, and the agriculture that can take place within them, but, as I understand it, there is no protection from aircraft noise.

The Bill threatens to make the present vulnerability of such places worse, because airports will now be required to surrender their spare airspace. There might be an airport very close to an AONB but not operating over it simply because there is no commercial incentive to use that route. But now airports are to be asked to give up their spare airspace for use by general aviation, which means that our skies will be even more crowded.

This is an interesting development, at a time when the Government are keen to burnish their environmental credentials. I recommend that they look into this and see whether they can use their new powers to deal with the problem of noise. I urge the Minister to take seriously the suggestion in the amendment that flights below 7,000 feet should be controlled, and allowed only in certain situations.

Lord Rosser Portrait Lord Rosser (Lab) [V]
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I thank the noble Lord, Lord Randall, for his amendment, which, as he said, provides us with an opportunity to debate aircraft noise. I am sure that in her response, the Minister will set out the Government’s position on that. I certainly would not claim to know what all their objectives are on aircraft noise, but I do remember one, although it is unrelated to the specific issue covered in the amendment.

Following the 2017 public consultation on Heathrow, Gatwick and Stansted, the Government said that their objective was to

“limit or reduce the number of people significantly affected by aircraft noise at night, including through encouraging the use of quieter aircraft, while maintaining the existing benefits of night flights.”

As we are discussing aircraft noise, it might be interesting if the Minister could provide some information on the specific certifiable progress that has already been made towards achieving that stated government objective, and what specific further objectives and targets the Government have set themselves for the next three years so as to deliver on the objective to which I referred.

On the specific issue raised in this amendment, I am sure that a great many people who visit national parks and areas of outstanding natural beauty have, at times, been conscious of aircraft flying low overhead. An interesting point was made by the noble Baroness, Lady Randerson, about all the other types of protection that already exist for national parks and areas of outstanding natural beauty. In that context, she asked why the goal and objective set out in the amendment of the noble Lord, Lord Randall of Uxbridge, might not also offer a further protection, in view of how aircraft noise can, at times, diminish the enjoyment that people expect when visiting national parks and areas of outstanding natural beauty. The amendment refers specifically to civil aircraft, but presumably there could be an issue with military aircraft in this context as well.

I support the basic objectives that the noble Lord, Lord Randall of Uxbridge, seeks with his amendment. I hope that, when the Minister responds, she will set out the Government’s thinking on aircraft noise, not least on the specific circumstances covered by this amendment and the goals, objectives and targets that the Government have set in this regard.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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My Lords, I thank my noble friend Lord Randall for tabling this amendment. When we debated this in Committee, noise did not particularly come up. I hope that one of the benefits of airspace modernisation is noise reducing. I am unable to set out in full the Government’s position on noise at airports; if there are any detailed questions, I will write.

However, I want to address the points made and the issues relevant to the amendment put down by my noble friend Lord Randall. He is absolutely right, and he read out lots of responses from the Aviation Minister to questions on airspace change proposals, which are covered by the air navigation guidance. Indeed, the guidance states that

“where practicable, it is desirable that airspace routes below 7,000 feet should seek to avoid flying over Areas of Outstanding Natural Beauty (AONB) and National Parks”.

There was a question about sanctions. Obviously, some airports have no option but to send flights over AONBs and national parks. For example, Gatwick is surrounded by them. We are lucky in our country, in that there are a significant number of these things and they are wonderful, but it is simply not possible for them not to be overflown. One might narrow it down to those operating below 7,000 feet, but nearly all commercial aircraft operating below 7,000 feet are taking off or landing. Again, with airspace change proposals, we expect to see the trajectory of both landing and taking off become steeper, which will again reduce noise and limit their impact.

The amendment is unlikely to have a significant impact on the volume of such flights because they are taking off and landing, but it would have a significant impact on general aviation, which would be unable to overfly vast swathes of the UK. Noble Lords will have heard today support for general aviation in government and parts of your Lordships’ House. There is lots to consider about this. It does not mean that the Government want AONBs and national parks to be overflown; we certainly do not. We expect everybody to behave sensibly when flying over such parks.

Railways: Electrification

Lord Rosser Excerpts
Tuesday 19th January 2021

(3 years, 3 months ago)

Lords Chamber
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Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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As I mentioned in response to a previous question, the industry is well aware that emissions consist of not just carbon but particulates as well, and these will impact passengers and staff at large stations, particularly the enclosed ones, as the noble Baroness notes. I do not have details of the exact monitoring that takes place—I am fairly sure that it does take place—but I will write to her with further details.

Lord Rosser Portrait Lord Rosser (Lab) [V]
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As the Minister said, Network Rail’s traction decarbonisation network strategy states that the UK rail freight sector will be largely diesel-free by 2050, but do the Government think that is an ambitious enough target? Will they be having discussions with Network Rail and the rail freight sector on how this target date of 2050—some 30 years away—could be brought forward?

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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The Government are in frequent discussions with the rail freight sector. This is an important element of our decarbonisation strategy, as it takes goods away from the roads and transports them with a far lower level of emissions. The Government would actually like to remove all diesel-only trains by 2040, so I hope that makes the noble Lord happy. However, we must be cognisant that we do not want to shift freight from rail to road to achieve that target, because that would raise emissions. We are monitoring the situation, but our ambition is to remove all diesel-only trains by 2040.