There have been 42 exchanges between Lord Rosser and Baroness Vere of Norbiton
|1||Thu 10th September 2020||
Department for Transport
|3 interactions (229 words)|
|2||Wed 9th September 2020||
Department for Transport
|3 interactions (278 words)|
|3||Mon 7th September 2020||
Department for Transport
|3 interactions (262 words)|
|4||Thu 23rd July 2020||
Department for Transport
|3 interactions (168 words)|
|5||Wed 8th July 2020||
Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020
Department for Transport
|2 interactions (2,387 words)|
|6||Tue 7th July 2020||
Covid-19: Public Transport
Department for Transport
|3 interactions (215 words)|
|7||Thu 2nd July 2020||
Public Service Vehicles (Open Data) (England) Regulations 2020
Department for Transport
|2 interactions (911 words)|
|8||Wed 1st July 2020||
Public Transport: Social Distancing
Department for Transport
|3 interactions (284 words)|
|9||Mon 29th June 2020||
Covid-19: Airline Sector
Department for Transport
|3 interactions (293 words)|
|10||Thu 25th June 2020||
Public Transport: Face Coverings
Department for Transport
|3 interactions (297 words)|
|11||Thu 18th June 2020||
Civil Aviation (Insurance) (Amendment) (EU Exit) Regulations 2020
Department for Transport
|2 interactions (2,166 words)|
|12||Wed 17th June 2020||
Air Traffic Management (Amendment etc.) (EU Exit) Regulations 2020
Department for Transport
|2 interactions (2,273 words)|
|13||Mon 8th June 2020||
Covid-19: Walking and Cycling
Department for Transport
|3 interactions (186 words)|
|14||Tue 2nd June 2020||
Covid-19: Public Transport
Department for Transport
|3 interactions (254 words)|
|15||Wed 13th May 2020||
Motor Vehicles (Tests) (Amendment) (Coronavirus) Regulations 2020
Department for Transport
|2 interactions (2,243 words)|
|16||Tue 12th May 2020||
Covid-19: Public Transport Safety
Department for Transport
|3 interactions (268 words)|
|17||Tue 5th May 2020||
Aviation and Tourism: Cancellations
Department for Transport
|3 interactions (327 words)|
|18||Wed 29th April 2020||
Passenger Train Services
Department for Transport
|3 interactions (217 words)|
|19||Thu 13th February 2020||
Department for Transport
|2 interactions (2,673 words)|
|20||Wed 12th February 2020||
Air Traffic Management and Unmanned Aircraft Bill [HL]
Department for Transport
|19 interactions (2,962 words)|
|21||Mon 27th January 2020||
Air Traffic Management and Unmanned Aircraft Bill [HL]
Department for Transport
|2 interactions (3,428 words)|
|22||Tue 7th January 2020||
Department for Transport
|3 interactions (167 words)|
|23||Wed 30th October 2019||
Railways (Safety, Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations 2019
Department for Transport
|5 interactions (2,060 words)|
|24||Tue 29th October 2019||
Department for Transport
|3 interactions (201 words)|
|25||Mon 7th October 2019||
Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019
Department for Transport
|2 interactions (914 words)|
|26||Mon 7th October 2019||
Draft Heavy Commercial Vehicles in Kent (No. 1) Order 2019
Department for Transport
|7 interactions (2,433 words)|
|27||Mon 7th October 2019||
Railways: Trans-Pennine Freight
Department for Transport
|3 interactions (233 words)|
|28||Thu 26th September 2019||
Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019
Department for Transport
|4 interactions (1,485 words)|
|29||Wed 25th September 2019||
Department for Transport
|2 interactions (3,238 words)|
|30||Mon 9th September 2019||
High Speed Rail (West Midlands–Crewe) Bill
Department for Transport
|6 interactions (3,240 words)|
|31||Mon 22nd July 2019||
Egypt: Suspension of Flights
Department for Transport
|7 interactions (383 words)|
|32||Tue 16th July 2019||
Buses: Rural Services
Department for Transport
|3 interactions (341 words)|
|33||Mon 24th June 2019||
Railways: Newcastle and Edinburgh
Department for Transport
|3 interactions (293 words)|
|34||Thu 13th June 2019||
Brexit: European Union’s No-deal Continuity Arrangements
Department for Transport
|3 interactions (280 words)|
|35||Tue 4th June 2019||
Department for Transport
|3 interactions (373 words)|
|36||Mon 20th May 2019||
Connecting Europe Facility (Revocation) (EU Exit) Regulations 2019
Department for Transport
|2 interactions (962 words)|
|37||Mon 13th May 2019||
Rail Safety (Amendment etc.) (EU Exit) Regulations 2019
Department for Transport
|4 interactions (2,908 words)|
|38||Tue 7th May 2019||
Electric Vehicles: Charging Points
Department for Transport
|3 interactions (244 words)|
|39||Wed 1st May 2019||
Brexit: No-deal Ferry Contracts
Department for Transport
|4 interactions (412 words)|
|40||Thu 25th April 2019||
Railways: Midland Main Line
Department for Transport
|3 interactions (283 words)|
|41||Mon 16th October 2017||Equality and Human Rights Commission||3 interactions (159 words)|
|42||Mon 9th October 2017||Fracking: Policing||3 interactions (277 words)|
My Lords, we work closely with the industry on charging points. While standardisation will be a good thing to achieve eventually, we must not stifle innovation.
Of course we want greater compatibility in charging points, but what we are not going to do is set out in regulations right at this moment in time to define exactly what a charging point needs to look like. We need to let the market work together because, after all, it is in the interests of those supplying the charging points that the highest number of people can use them. We are working in a collaborative fashion in order to achieve the sort of compatibility that we want to see in the future.
As the noble Lord will know, on new railway lines, CP6—the investment period we are currently in—will see investment of £48 billion over the next five years. Over that period, and in the longer term, a lot of consideration will be given to improvements in capacity for the north, including east-west routes. On the issue of signalling, it is the case that some of our signalling systems are very old, and we are looking at various ways of investing in digital signalling. I will write to the noble Lord with further details, if I may.
The outcomes of the Williams review are the most important part of the review, which is why we are publishing. On the future of the EMAs, we had to put them in place very quickly. They protected services for the people who needed to use them, at a significant cost to the taxpayer, and we had to ensure that the cost was justified. We are reviewing the approach to all the contractual arrangements which will come into place after the EMAs, and an announcement will be made in due course.
As my noble friend will be aware, this scheme is also with the Planning Inspectorate and I therefore cannot comment on it in great detail. However, she will know that the decision was delayed owing to an archaeological find and therefore further consultation will take place with all the relevant stakeholders within the particular field. This will enable all relevant matters to be considered and, as she rightly said, a balanced position to be reached. We expect a position to be reached by 13 November.
On a case-by-case basis, each road scheme must comply with the national policy statement on national roads, which states that a DCO applicant must show, for example, how the project has taken advantage of opportunities to “conserve and enhance” biodiversity and geological conservation interests. There are many other issues in that national policy statement which will apply to roads now and in future.
I am sure that the noble Baroness is aware that zero-emission transport also needs roads, whether zero-emission cars, buses or HGVs. Investing in our road infrastructure is therefore important. The £27.4 billion—the RIS2 funding envelope—goes on enhancements but, as importantly, a significant amount of it goes on maintaining our existing roads.
Highways England uses ground- penetrating radar as part of its geophysical survey strategy and therefore it is confident that the route does not have any further elements in it. As I said, it employs archaeologists and, were anything to come to light, obviously appropriate arrangements could be made.
My Lords, I thank all noble Lords who have taken part in the debate today, and particularly those who forewarned me of the issues they were going to raise; that is incredibly helpful when there are so many speakers in a debate. I will try to cover everything, but, if not, I will of course write.
The noble Lord, Lord Liddle, seemed a little irritated by the Government on this one. However, engagement with the transport operators has been continuous since the start of the Covid pandemic, and of course we discussed face coverings with them. We announced the policy on 4 June and then talked about how it would be put into operation with the transport operators and the devolved authorities, which I will come back to a little later.
Noble Lords will recall that 15 June was the date on which non-essential retail was opened. Prior to that, there was very little demand at all on public transport. We therefore felt that 15 June was the right time to put this in place. However, given the urgency of the situation, we felt that it was necessary to use the “made affirmative” procedure; it has been used before, in particular for some of the Brexit SIs, but it is not used lightly by the Government. In this case, we felt that it was entirely appropriate, given that it was a rapidly changing situation.
As noble Lords will have heard many times before, the Government are guided by the scientific advice as it develops—and the scientific advice has developed. Unfortunately, that may mean that, with hindsight—hindsight is a marvellous thing in a pandemic—one could say that communications were confused, but actually, it is that the scientific advice has developed. SAGE now advises that using a cloth face covering, as a precautionary measure, could be at least partially effective in enclosed spaces, such as public transport, where social distancing is not always possible, in particular where there is a risk of close social contact with multiple people who a person does not usually meet. Of course, we looked at the advice from SAGE and at academic articles when making the decision that we have now reached.
My noble friend Lady Altmann asked whether or not we should have standards for face coverings. We deliberately wanted to avoid being prescriptive about the form that a face covering should take, because it should be easy for people to put something over their nose and mouth and get on public transport. I reassure her that wearing, for example, a visor that covers the mouth and nose, and which might be made out of plastic, would be in scope. We expect people to buy or make face coverings, and there is guidance on the government website as to how to make them. I know that cheap face coverings are widely available. I bought mine on the internet. They appear to be made of offcuts from ladies’ underwear, but they cost very little and they do the trick.
I return to the devolved Administrations. I have had many conversations about the devolved Administrations in my time as a Minister, and, if I may say so, most of them are complaints that the devolved Administrations are not being allowed to diverge. Now, we are in a situation where a number of noble Lords are incensed that the devolved nations have been allowed to make decisions for themselves. I remain confused.
The noble Lord, Lord Roberts, talked about Wales. I absolutely understand the issues in Wales, and it is the case that there are different regulations in England and in Wales. But that is devolution. However, the Government strongly encourage passengers to wear face coverings for the entirety of their journey. Of course, we have continual conversations with the devolved nations on these sorts of matters, but I reassure all noble Lords that, as yet, no significant issues have arisen on cross-border services.
Exemptions are a critical part of this face covering regulation. Noble Lords will understand that we will never get to 100%—if we did so, we would have done it wrong, as it would mean that people were not making full use of the available exemptions. The noble Baroness, Lady Randerson, wanted a definition of the difference between an exemption and a reasonable excuse. I think an exemption is something that would apply all the time, as a person would be exempt for a certain reason. A reasonable excuse, however, could involve someone who is fleeing violence or in another situation that may not apply all the time but meant that, at that moment, that person had a reasonable excuse not to wear a face covering.
The list is not exhaustive; for example, there are exemptions for children, and the noble Lord, Lord Blunkett, raised a very important point about people who rely on lip reading and facial expressions. We want people to take a pragmatic approach where, if they feel that they should be exempted, they should be. We are working closely with the transport operators. We have been talking to them about the amount of training that staff will have to make sure they are aware that these exemptions are in place. A number of operators have a badge, lanyard or card scheme—one such scheme was mentioned by the noble Lord, Lord Faulkner. I believe that these help and I am encouraging transport operators to put them in place, but their use is entirely optional. Certainly, it is not expected that people should have to wear a lanyard to get an exemption; we have to be pragmatic.
I want especially to thank the noble Baroness, Lady Finlay, and the noble Lord, Lord Rennard, for sharing the work they have seen on identifying symbols for those who might benefit from extra protection; this was very interesting and I was extremely grateful. I reassure the noble Baroness, Lady Barker, that we are working to get the message out—particularly to those who can help us to target specific groups which may not be fully aware of the exemptions.
A number of noble Lords commented on children under 11. Our equalities impact assessment found that it would be difficult and impractical to require primary school children to wear and keep on a face covering. However, we still recommend that children between the ages of three and 11 should wear a face covering. The noble Baronesses, Lady Watkins and Lady McIntosh, talked about transport for schoolchildren. This will be really important, particularly as schoolchildren return in September. We are following scientific advice; in many circumstances—particularly for children who use local-authority procured coaches or other vehicles—they will be travelling in bubbles, either within their own year group or, at least, within their own schools or a couple of schools in the area. They will therefore not be mixing with a vast number of people with whom they do not usually have contact. That is the difference between schoolchildren and other people, and why we do not feel that children on school transport need to wear face coverings. We did an equalities impact assessment on this, which included considerations relating to BAME groups and advice from the Disabled Persons Transport Advisory Committee, to ensure that we understand what exemptions and other issues might arise.
I am pleased to say that the current level of compliance between 22 and 28 June was 91%. There will always be circumstances where noble Lords have seen people who are not complying—I completely agree. The noble Baroness, Lady Jolly, mentioned young men. I too am concerned about young men. Perhaps they are enjoying the new-found freedoms of the pub and, on leaving, find it all too easy to forget to put a face covering on. Perhaps the mantra for young men should be, “spectacles, face covering, wallet and watch” before leaving the house; we will have to see whether that catches on.
On enforcement, this is an incredibly delicate balance. At the moment, we are looking at engagement rather than enforcement, although we are ramping up enforcement because we feel that people have had time enough for this message to sink in. We will also continue to work with transport operators; on the point raised by my noble friend Lady Wheatcroft, any abuse of transport operators or staff will not be tolerated. Some transport operators are changing their conditions of carriage to make sure that they can apply these face covering regulations as broadly as possible. Children between the ages of 11 and 18 cannot be given a fixed penalty notice; I do not feel that that would be right. However, they can be asked to leave a service just as anyone else can be—that is how this will be enforced.
On the question of why the regulations apply only to public transport, I have talked about why this is particularly important for public transport. However, the Government recommend the use of face coverings in all enclosed settings where social distancing is not possible, which would include shops, and, of course, we are keeping this policy under review.
I will have to write to noble Lords on taxis and PHVs, as well as on aviation, as I am running out of time. However, let me reassure the noble Baroness, Lady Barker, about the availability of face coverings, which is incredibly important. We have already distributed over 2 million face coverings to local transport operators. Network Rail has been installing vending machines at Network Rail-managed stations. I am sure that all noble Lords have seen the availability of face coverings online and in local shops.
I once again thank all noble Lords for their contributions. There will be a follow-up letter to this debate with further information. I beg to move.
I would be very happy to receive further information about the scheme to which the noble Baroness is referring. I am not aware of it, but we are looking at all sorts of schemes to make it easier for people to travel on public transport. For example, those exempt from face coverings can get themselves an exemption card which can be very helpful to show people who might otherwise try to enforce their use.
The Government are working very closely with transport operators in all modes to encourage them to do their own risk assessments, work out a safe configuration of passengers and make other interventions, such as cleaning and ventilation, so that passengers are carried as safely as possible.
My Lords, I thank all noble Lords who have taken part in today’s short debate for their generally warm welcome for these regulations, and for the bus open data service as a whole. I will respond to as many points as I possibly can in the allotted time, but I will of course write on the points which—[Connection lost.]
We are not lifting the restrictions regarding face coverings, nor are we doing so in respect of social distancing; they are being amended. I take the noble Earl’s point about local lockdown, which is a very important issue. Even in areas where there is local lockdown we still need public transport to function to get key workers to the places that they need to be to do their work in combating the pandemic.
I refer the noble Lord to the comments that I made earlier. We will be working on recovery plans for all transport modes over the summer. At the moment and at peak times in particular, many of our transport modes are operating at capacity. I take the point that we need to look at what will happen next year, the forecasts for it and how we encourage people back on to trains and buses, but that point has not been reached now.
I thank the noble and gallant Lord for that question. The Government have worked, and continue to work, closely with the devolved Administrations throughout the Covid-19 pandemic to ensure as coherent an approach as possible across the four nations. We will announce further details on the regulations, including a full list of the countries and territories from which arriving passengers will be exempted from self-isolation requirements, later this week.
I am not able to comment on any particular conversations we may or may not be having with individual companies. However, I can confirm that the Government stand ready to support individual companies seeking bespoke support if they have exhausted all other measures, either from the Government or through private sources—for example, their shareholders. It remains the case that such support might come with the sort of conditions that the noble Lord mentioned. However, I would not want to prejudge that and, as I have said, any ongoing discussions about support would be subject to all sorts of terms.
The issue that the noble Baroness brings up is extremely worrying. We do not want people having to get GP letters. That is not what is intended. When we put these regulations in place, we did an equalities impact assessment and took advice from the Disabled Persons Transport Advisory Committee to make sure that we understand fully the sorts of exemptions that are needed. We are working closely with operators to put in place exemption schemes, which may include badges, lanyards or cards that people can show to other individuals—and, just as importantly, to transport operators and police—to show that, for whatever reason, they are exempt from wearing a face covering.
As I mentioned previously, wearing a face covering on public transport is mandatory. If a person does not have a face covering on, they can be denied service or removed from the service. On the reopening of various facilities on 4 July, the Department for Transport and broader government are continually looking at the demand for transport and our transport capacity to see whether we are in danger of demand exceeding supply. If there is capacity on public transport, the Government’s messaging may well change, but in the short term, we cannot suddenly open up public transport to everybody because there simply is not the capacity.
My Lords, I thank all noble Lords who took part in the debate today, and once again I apologise for my technology. It is the first time that that has happened to me and it is a Minister’s worst nightmare. I will certainly be in the Chamber next week and possibly in the future. Some of the debate has reached far beyond the scope of the statutory instrument. I will do my best to respond today but if not, of course I will write. It might help if I start by outlining the underpinning of the EU regulations in the Montreal convention 1999.
The convention was brought in to update and bring together existing international conventions on air carriers’ liability. The main change was to set maximum standards of strict liability in claims against airlines for loss of life or injury and damage to or loss of baggage in cargo. The limits are refreshed every five years, most recently in December 2019. I can tell my noble friend Lord Blencathra that the liability amounts for passengers and baggage will remain in place.
Prior to the Montreal convention, passengers were required to prove that an airline had been wilfully negligent for all claims. Nowadays, passengers are still able to claim above the strict liability limits set out in the Montreal convention, but need to prove negligence on the part of the airline. The convention provides that air operators should have adequate insurance to cover any claims but it does not set out insurance requirements beyond that, so the EU regulations—and in consequence the UK regulations in the future—build on the convention but do not replace it. Instead, the regulations will set out the requirements for minimum insurance levels for air operators flying to, from, within or over a particular state. This sets the definition of minimum insurance standards, rather than the convention’s requirement for adequate insurance.
The regulations’ minimum insurance levels are broadly based on the convention’s strict liability limits, but in general the EU requires insurance levels—and therefore we will require insurance levels—significantly above, in some cases, the strict liability limits set out in the convention. For example, for a liability in respect of passengers, the minimum insurance cover in the EU is 250,000 Special Drawing Rights, which is about £275,000 per passenger. That is about twice as much as the strict liability limit in international law. While strict liability limits are set by the international treaty, if the country is party to it, minimum levels of insurance are set by country, or pan-EU in this case. Minimum levels of insurance for different countries can of course change, and any operator flying into, over or within a country must have such minimum levels of insurance in place.
Part of this is about demonstrating compliance, which is where the Civil Aviation Authority comes in. In the case of the EU, EEA, EFTA and the UK, an air carrier has to be able to demonstrate its compliance with the insurance requirements by providing evidence of valid insurance to the member state that granted its operating licence, or if it flew into that country. In the UK, operating licences are granted by the CAA, which already performs that role. The noble Lord, Lord Chidgey, asked about compliance. The CAA monitors compliance by carrying out spot-checks on aircraft. Non-compliance is a criminal offence. Therefore, we do not anticipate that this SI will have a financial or practical impact on the CAA as it already performs all of those functions and is content with the proposals. I am a little disappointed that the noble Lord, Lord Berkeley, said that he did not believe me when I said that. His words were perhaps a little strong.
A number of noble Lords mentioned the scope of the insurance, which is an important issue as it applies to all carriers and operators flying into or out of various countries. The noble Lord, Lord Foulkes, asked whether insurance could be extended to cover pandemics and the noble Baroness, Lady Kennedy, mentioned business interruption insurance. Of course, carriers are free to make their own insurance arrangements. The insurance under consideration today specifically refers to loss of life or injury to a passenger, and loss of or damage to property, but given how few flights there are, it is not immediately clear how a pandemic could cause these outcomes; the implications are not clear. But I believe that the relationship between the aviation industry and protections for passengers will receive an enormous amount of scrutiny as we come out of this crisis. The Government had already announced an aviation insolvency Bill in the Queen’s Speech and when this crisis is over and done with and planes are starting to fly again, we will be able to look at this in more detail.
My noble friend Lady McIntosh asked whether an insurance policy includes the refunds of payments made by passengers for services not received. Again, that would be a contractual matter if the aviation supplier wanted to get that insurance from an insurer. I know that noble Lords are aware of this, but refunds to passengers where they have been denied boarding or suffered a cancellation are covered by EC regulation 261/2004, which requires compensation within seven days. It will continue to apply. I recognise that in the current circumstances, some passengers are not receiving their refunds within the specified time. The Government are absolutely clear: where a passenger is due a refund, it must be paid.
The noble Lord, Lord Blunkett, and my noble friend Lord Blencathra raised the incredibly important issue of protections for wheelchair users and other passengers with reduced mobility when their wheelchairs and other belongings are damaged. The EU regulations we are discussing today give the minimum insurance cover of 1,131 SDRs for baggage per passenger. I am aware of the case of Ms Stevens’ damaged wheelchair and I sympathise with her situation. Wheelchairs that cost thousands of pounds are subject to the same damaged baggage legislation that limits compensation to around £1,000. A number of UK airlines already voluntarily waive that limit, and the Government will call on all airlines to adopt that practice. We will certainly return to this issue very soon. It is a complex one, given the wide variety of wheelchairs available and their values, and the fact that there are no standardised tether points for safe stowage in the holds of aircraft. We have discussed this with the industry in great detail and we continue to do so. We are looking at testing different storage solutions and improving training. We will continue to work on this.
The noble Lords, Lord Berkeley and Lord Kennedy, asked about divergence in the future. The UK cannot diverge from the requirements of the Montreal Convention. We are obliged to follow it, given that we are a party to the convention. The Government have no plans to diverge from the minimum insurance levels which currently exist in the UK and the EU. However, as with all these things, changes may be required in the future as a result of inflation. Any changes made by domestic legislation, rather than by EU legislation as now, would require an affirmative resolution by your Lordships’ House and the other place, and we will of course be consulting the industry.
The Government discuss matters relating to EU exit with the aviation industry, the travel industry and with consumer representatives. The last round-table meeting was on 16 March. No issues were raised in relation to this instrument, because it keeps all elements of the current system in place. Regarding the insurance industry, there is no change to the insurance requirements, so there will be no practical impact on the industry, but we will have ongoing discussions with the industry on EU exit and other matters.
The Government maintain a close and ongoing relationship with the devolved Administrations. Perhaps the word “inform” is not right, because we rightly discuss matters relating to EU exit, even where they are reserved matters. No concerns have been raised in relation to this instrument.
As for the changes made by this instrument, the noble Lord, Lord Foulkes, mentioned the change from “empower to” to “may”. I assure the noble Lord that there is no difference in this regard. Both confer a discretionary power as opposed to a duty, and “may” is simply more often used in UK legislation. The changes in the SI are very minor, as I said in my opening remarks. They relate to a change in the power of the Commission to do with the legal framework of the treaty of Lisbon. We transferred that power to the Secretary of State in the first SI, which was approved by your Lordships’ House.
Finally, the noble Baroness, Lady Randerson, raised the European Commission’s power to object to the continuation of these powers on a five-year basis. We looked at this and considered it already inherent in our system, as Parliament may, at any time, legislate to remove a relevant power—or powers—from the Secretary of State.
I am aware that this was rushed, that I have not covered everything and that I must write, but this instrument ensures that legislation on aviation insurance requirements—an important part of the regulatory framework for civil aviation—continues to work effectively. I commend the regulations to the House.
My Lords, I thank all noble Lords who have taken part in this debate on these minor and technical changes to these ATM regulations. Given the allotted time, I fear that I will not be able to go into all the issues that are beyond the scope of these regulations, but I will certainly write, in particular on the future of the aviation sector and the implications of Covid for it, mentioned by the noble Baroness, Lady Ritchie. I will also address her specific point about the impact on Northern Ireland.
I should like first to confirm to the noble Lord, Lord Rosser, that there is no change in policy as a result of these regulations and that, in practical terms, they will have very limited effect. The CAA will continue to play the role it has always in, for example overseeing the work of NATS, with oversight of that work transferring from the European Aviation Safety Agency to the Secretary of State. We do not anticipate that this will have a financial or significant practical impact on the CAA or NATS and both are content with the proposals. The CAA will take on a number of new tasks after the end of the transition period, but that is a direct result of EU transition rather than of this SI. The Government are working closely with the CAA to ensure that it is sufficiently resourced to take on any additional roles. Further, the CAA has been preparing for the possibility of leaving the EASA system since the EU referendum in 2016, which is four years ago now. It has already started recruiting new staff across the organisation, and I reassure noble Lords that it has the funding to do so. I hope that this will also reassure the noble Baronesses, Lady Kennedy and Lady Randerson, as well as my noble friend Lord Blencathra. He was right to say that the CAA is a great British asset. In respect of this SI, the requirements on the CAA and NATS will be the same as they are at present, and the oversight will be transferred somewhere different.
The reference period for performance targets started this year. To meet our obligations, we have produced and submitted an EU-compliant plan that takes us to 2024, so until at least then, all performance targets will remain the same. Beyond that, we envisage looking at the EU targets and using them as a benchmark for our own performance targets. However, we may decide that we want to do better than that, although that decision is for some years hence.
Turning to the charges, the costs of air navigation and its regulation tend to fall on the users of the service. In this case, that is the aviation industry.
A number of our other existing arrangements will stay the same or transfer to the CAA. Noble Lords raised a number of these different arrangements and I shall try to cover some of the most important. The noble Baroness, Lady Kennedy, mentioned Eurocontrol. It is incredibly important and the UK will remain a member of it. It is an intergovernmental organisation of 41 states across Europe that pre-dates the single European sky and is not an EU body. This will ensure our continued co-ordination on air traffic management with other European states. This was brought up by the noble Lord, Lord Bradshaw, and my noble friend Lord Balfe.
Through our membership of Eurocontrol, NATS will be able to co-ordinate with other air navigation service providers on, for example airspace change proposals arising from the UK modernisation programme, and there are established bodies within Eurocontrol that allow that to happen. NATS is also remain a member of the Civil Aviation Navigation Services Organisation, which represents ANSPs covering 90% of the world’s airspace. We are plugged in and we do have leadership.
We are also members in our own right of ICAO, an incredibly important organisation in aviation. We will continue as a contracting ICAO state after the end of the transition period. Much European regulation originates in ICAO and the UK already plays a leading role in its structure. Currently, the UK complies with some ICAO standards and recommended practices via the implementation of EU legislation. Following the transition period, the UK will comply with SARPs using domestic legislation. That is all in place and ready to go.
The noble Lord, Lord Rosser, mentioned cross-border arrangements and what will happen at borders. The UK has a number of cross-border agreements with neighbouring countries, such as France and the Benelux nations, in respect of air traffic management, particularly in contiguous airspace where an aircraft is handed over between two different airspaces. I reassure the noble Lord that these arrangements will continue as they are not predicated on EU requirements.
A number of noble Lords mentioned the importance of Ireland. The noble Baroness, Lady Randerson, did so, as did the noble Lord, Lord Empey. This is important because we work very closely with Ireland because both have been delegated responsibility by ICAO for air traffic services over a proportion of the North Atlantic, which as noble Lords will know is a busy route. Again, this is an international agreement. There will be continued co-operation with Ireland to ensure the safe passage of air traffic over the North Atlantic, given that 80% of air traffic entering or leaving the EU flies through UK airspace.
A number of noble Lords mentioned air service agreements and how they have been constructed. The UK was involved in 17 air service agreements by virtue of its membership of the European Union. Over recent months and years, the Department for Transport has undertaken an intensive programme of work in this area, supported by the CAA, which many noble Lords had questions about. We now have new bilateral agreements, or effective mitigations, in place for all 17 non-EU countries where market access is currently provided for by virtue of our EU membership. These arrangements ensure that there will be no disruption going forward. The UK also has agreed bilateral air safety agreements with the US, Canada and Brazil, which will help our aerospace manufacturers.
The UK’s future relationship on ATM with the EU will be negotiated as part of a comprehensive air transport agreement, known as CATA. The CATA will include provisions on market access for air services, close co-operation on aviation security, and collaboration on ATM.
A number of areas under the umbrella of the Single European Sky project, mentioned by the noble Lords, Lord Foulkes and Lord Bradshaw, and the noble Baroness, Lady Randerson, are being considered as we look at how we might continue to be involved in that area; for example, through membership of the Single European Sky air traffic management research programme, which was mentioned by my noble friend Lord Naseby. We will of course be bound by various elements of legislation from the Single European Sky project, where it has been retained, and as amended.
The rules for safety assurance are currently set out by EASA, and these will be retained. No divergence is anticipated at the current time, as safety is of course an absolute priority. However, it is also an area which is always developing, and so the UK may need to make changes in the future; for example, to accommodate new technology to suit airline operators, in line with international practice. I hope that this reassures the noble Lord, Lord Rosser, as to what we might want to do in the future.
Noble Lords will have heard it confirmed many times that the UK is not seeking to participate in the EASA system. Our ambition is to agree bilateral aviation safety arrangements with the EU, and the EU’s negotiating mandate mirrors this approach. A bilateral aviation safety agreement will facilitate the recognition of aviation safety standards, maintain high safety outcomes, and enable regulatory co-operation between the two areas.
Overall, I reassure all noble Lords that the UK continues to press for reciprocal, liberalised aviation access between and within the EU and the UK. In the event that we do not reach an agreement, the UK previously published a policy statement allowing for EU carriers to operate to the UK, and the EU adopted a continency regulation to provide UK carriers with the rights to operate in the EU. These measures were unilateral and work on the basis of reciprocity. Similar arrangements were put in place with regard to safety, and they too will need to be looked at in the event that there is no deal.
My noble friend Lord Naseby mentioned consultation. There has been extensive consultation on elements relating to aviation, and of course on the UK’s exit from the EU. This is ongoing.
The noble Lord, Lord Empey, is right that aviation is reserved. However, as a courtesy, and to understand the issues, we always try to engage with the devolved Administrations on an ongoing basis.
The noble Baroness, Lady Jones, mentioned “shall” changing to “shall endeavour to”. I reassure her that that relates to the network management part of the SI, and is about operators taking account of EU documents, which we have no obligation to do.
In closing, I once again thank all noble Lords for contributing to the debate today. These changes are minor and technical, and do not represent a major change in policy. They follow in a similar vein to the SI already approved by your Lordships’ House. I beg to move.
There are all sorts of things that we can do to make cycling a better experience for all, particularly those who are starting out on their cycling journey. They include actions by local authorities to make some streets cycling- and pedestrian-only. Work can also be done on improving cycling safety.
This comes down to the actions that can be taken by local authorities. We have provided the guidance that they need to follow. What they put in place within their own areas will be key to reducing localised congestion. That might include speed restrictions, as previously mentioned; traffic light cycles can be changed; there can be car-limited areas; and there could be changes to parking charges.
I agree that the wearing of face coverings will be a very important element in restoring confidence in our public transport, not only for the passengers and the workforce but, in the longer term, for the industry. It is really important that people should wear face coverings on our public transport; that is the message that we are putting out there at the moment. Of course, any changes such as mandating the use of face coverings is an issue for the Scientific Advisory Group for Emergencies, which is considering this.
The Government are already providing financial support to a range of transport operators to make sure that they can operate as good a service as possible in the current environment. This will include funding for buses and light rail—and of course we have the Emergency Measures Agreement for all our heavy rail services. The situation is being kept under review. As demand changes over time and as the country comes out of lockdown, clearly, demand for public transport will go up, but it is not clear exactly when it will become commercially viable to operate public transport without government support.
My Lords, I thank the noble Lord, Lord Rosser, for providing the opportunity to consider these regulations and to probe the Government’s intentions around vehicle testing for light vehicles, known as the MoT. The testing of HGVs and public service vehicles, such as buses, is covered in other regulations, but I will try to touch on these if I have time, and if not I will write.
The MoT market consists of a network of around 23,500 privately owned and operated test stations. Many of these garages combine both MoT testing and maintenance and repair work, as was noted by my noble friend Lord Carrington.
As the outbreak of Covid took hold, it became clear that temporary changes would need to be made to the MoT testing regime. The reasons were threefold. Prior to 23 March, the date on which the Government announced the lockdown, there was a noticeable drop of about 10% in the number of cars brought in for testing. This suggested that drivers did not want to risk infection. By then, elderly people certainly could have been choosing not to use their cars. Furthermore, the Driver & Vehicle Standards Agency, the DVSA, which oversees MoT testing, started receiving reports of vehicle dealerships, MoT testing stations and repair garages closing or reducing staff numbers. Drivers also noted that they were unable to get tests. Finally, on 23 March, the Government issued “Stay at home” guidance, which specified essential travel. Getting an MoT was not regarded as essential travel.
We recognised that, although car use would fall dramatically, most people would still need their car for short essential journeys, and key workers, particularly in the NHS and the care sector, would still need to get to work. We also recognised the ongoing need for roadworthy light vehicles, so that home deliveries of food could continue, for example.
There is also the issue of those not using their car at all. They of course have the option to make a statutory declaration when it is not in use on the road, but that is feasible only for those who will not use their car at all and have an off-road place to store it. For those who must use their car very infrequently or have to park their car on the road, the vehicle must have an MoT, so this action helps them too.
With around 8.3 million vehicles due for a test over a three-month period—about 92,000 a day—the department took the decision to reduce the risk of people being exposed to Covid-19 and enable them to comply with the stay-at-home guidance by introducing the changes under these regulations. Our actions, including discussions with insurers, also avoided difficulties with insurance policies, some of which required MoT tests to remain valid. The effect of the changes is that all light vehicles due to be examined between 30 March 2020 and 29 March 2021—a one-year period—are or will be excluded from the requirement to hold a test certificate for six months. The duration, namely to the end of September 2021, was set to cover the potential extent of the outbreak, as we saw it then—it is great to have hindsight—plus a grace period, which would allow the testing industry to recover and ensure that it is not immediately overwhelmed by a bow wave of cars coming to be tested.
Our decision to extend the MoT validity of affected vehicles by six months was taken after very careful consideration. We balanced the need to provide a sufficiently long extension to deal with the immediate impact of the epidemic with the need to avoid an unnecessary impact on road safety. We felt that the six-month period was appropriate; it is unlikely to change in the current circumstances. The duration of the changes remains under review and, if no longer required, this instrument will be amended to bring forward the last day on which a six-month exclusion can begin. A six-month exclusion that has already begun will not be curtailed. I repeat: we are looking at bringing forward the date for the period under which one gets this extension, but that decision has not been taken for the moment.
On tax and insurance, vehicle excise duty remains due on those vehicles eligible for this extension. The DVSA is updating its records as these extensions are added to people’s vehicle records and is then feeding this information through to the DVLA, which collects excise duty. Once that has been updated on the DVLA system, anyone can tax their vehicle as normal. We consulted the insurance industry when we were drafting this legislation. It should be noted that the Association of British Insurers said:
“In this unprecedented situation, insurers will not penalise you if you can’t get an MOT. Safety is paramount so check your brakes, tyres and lights before driving.”
The noble Baroness, Lady Kennedy, mentioned fines. The department has been in touch with the police and the DVLA and they have reassured us that they will take a pragmatic approach to enforcement during this time. No one wants to see fines levied on vulnerable people who are simply unable to drive their car at this time.
In the event that a vehicle is involved in an accident—an important point raised by my noble friend Lord Blencathra—the attribution would be to a vehicle being unroadworthy rather than not having an MoT. This is very important: the vehicle would be unroadworthy; it is not simply the fact that it did not have an MoT. A vehicle may become unroadworthy at any time, even if you have an MoT, so it is vital that drivers fulfil their legal responsibility that their vehicle is safe to drive, whether or not it has been tested.
As I have noted, even though many vehicles will be excluded from the requirement to hold a test certificate during this period, users are required under the Road Traffic Act to ensure that vehicles are in good working order. An MoT covers only certain things and is not the same as taking your car for a full service down at the garage. Drivers can be prosecuted if their vehicles are found to be in an unsafe condition when driving on the road.
The department has estimated that over the six-month period covered by the exclusion, approximately 29% of vehicles would have received a “dangerous” or “major” MoT failure. However, this increased risk is significantly mitigated by the reduction in trips; the current data shows a 58% drop in the amount of traffic on the roads. Although traffic is increasing at this time, particularly given the changes to government guidance, we expect a continued depression versus pre-Covid levels. I reassure noble Lords that, in the current environment, if one chose to get an MoT to get a car roadworthy for essential journeys, that in itself would be an essential journey.
Road safety is incredibly important to all of us. That is why the roadworthiness caveat exists in the regulations and why the Government have urged garages to remain open where possible. We are actively encouraging garages to remain open because we want to make sure that there are places for people to go to get their essential maintenance and repairs carried out.
Furthermore, the DVSA has issued guidance to drivers on what to do to keep a car safe and roadworthy. We are of course in regular contact with the AA and the RAC. Those organisations are repeating and reiterating these messages about getting cars on the road and getting your car back on the road when it has not been driven for a period.
The noble Baroness, Lady Randerson, asked why 30 March. We were working at pace, as I am sure noble Lords will understand. Given that regulations could not be made retrospectively and we had to have a certain date from which they would be valid, that date necessarily had to be the short period after the imposition of the lockdown because the regulations had to be drafted and laid in Parliament. There had to be due process. There are vehicles whose MoT fell due before 30 March. These vehicles cannot have their MoT extended because it is not available to us using existing legislative routes. This is a second reason why the Government have urged garages to remain open where possible and we are very pleased that around 60% have done so, although some have a significant reduction in capacity.
MoT testing is still taking place and it is possible to find somewhere to get your car tested if it needs to be. The DVSA has published guidance on how to conduct tests while adhering to social distancing measures. As some noble Lords pointed out, some centres have just one person working there and certainly often fewer than five. It is possible to continue to carry out tests. Other measures recommended by the DVSA include enhanced cleaning, using contactless payment where possible and not issuing a paper copy of the MoT certificate, which can be printed or downloaded at a separate time. Our records indicate that the overall testing levels for vehicles with tests due before 30 March were normal, so we believe that there is no significant change in the levels of compliance.
Many noble Lords noted that these changes are quite significant. We recognise that. They were made following extensive consideration and consultation, required by the Road Traffic Act 1988. We consulted a wide range of different organisations, including the AA and the RAC, the Association of British Insurers, the Independent Garage Association and the SMMT, which represents new car manufacturers, mentioned by the noble Lord, Lord Rennard. We consulted all these organisations and 15 responses were received, which expressed broad support for the proposals. As raised by noble Lords today, concerns included the financial impact of the proposals on the testing industry, as well as difficulties relating to the reintroduction of testing. We recognise that there will be challenges and we will have to overcome them.
The Government have consulted and continue to engage with the devolved Administrations, as requested by the noble Baroness, Lady Randerson, primarily on a day-to-day basis at official level on these matters, but Ministers in my department have ministerial-level discussions with them. Vehicle testing in Northern Ireland is devolved and Northern Ireland has taken its own approach, as noted by the noble Baroness, Lady Ritchie, by exempting both light and heavy vehicles for 12 months outright.
Given the urgency of the situation, we were not able to undertake a formal impact assessment. However, we did a proportionate analysis, looking at the impacts on things such as the ability of key workers to be able to get to work if they do not have an MOT, the road safety implications, effects on congestion, and financial losses to both the DVSA and garages. The financial impact on businesses has been estimated to be significant, possibly around £650 million, and a loss to DVSA will need to be considered.
Tests are going on at the moment. We are looking at 20% to 25% of normal test levels—the noble Lord, Lord Berkeley, shared his success in booking one, so I am pleased that that there is availability out there. Some 60% of garages are open, and we believe that that number will continue to rise. It looks like between 75% and 80% of people are taking advantage of the extension.
We recognise the financial impact on garages, and the Government have done an enormous amount to support businesses during these difficult times. There is the Coronavirus Job Retention Scheme, which garages can use, and the coronavirus bounce- back loan will be particularly suitable for some of these smaller businesses. Given that financial support, we anticipate that there will be no issue with a significant reduction in capacity in MoT testing stations as we pull out of the current crisis.
As regards pulling out of this crisis, the situation is being kept under review. The regulations may be revoked or altered, and we will bring back further proposals to the House. However, we will absolutely make sure that we do not reintroduce the MoT test unless it can be conducted safely, with the least possible risk to people’s health, both MoT staff and those going in for the tests. We will also make sure that there is capacity within the sector. At the moment, on average, an MoT tester does only nine tests a week, so we believe that there is significant capacity within the system.
I am aware that I have now run out of time, and I have not covered HGV and PSV testing, which is separate to the regulations under consideration today. With the forbearance of noble Lords, I would therefore like to write in more detail and will also cover matters that I have not been able to consider—for example, the details around taxis and PHVs and how that interacts with local authorities and taxi licensing, and so on.
At times like these it is important that legislation is enacted quickly, in this case to protect the health of drivers and those working in garages. I am extremely grateful for the input of all noble Lords today, and these deliberations will be taken into account as we consider future changes.
I reassure my noble friend that we are in close contact with Transport for London. I speak to it probably every few days to assess exactly where it is on its restart plans—I have a call with it later on today. We are absolutely clear that the Mayor of London needs to ramp up services as quickly as possible and put in place protections such that transport workers and passengers feel safe.
Each devolved nation is responsible for its own guidance. However, I reassure the noble Lord that we are of course in contact with the Administrations in the devolved nations to make sure that our guidance is appropriate. Where there have to be changes or where they are desired, local considerations can be taken into account but without confusing passengers. I will have to write to the noble Lord on benefits for bus drivers.
My Lords, the Government appreciate the frustration that consumers are feeling. We have made it absolutely clear that the customer should get a refund if they ask for one. However, we also recognise the enormous challenges that businesses face. They have very large volumes of such requests, and staff may not be available—they may have been furloughed. There may be capacity constraints because of social distancing, or an increase in staff absence due to illness. The regulators are working very closely with the industry to find out what the problems are and to ensure that customers get their money back.
I do not accept that we are just talking about it. The CAA is in close contact with the industry; it recognises the current issues, and that there may be some delays. A consumer should not be told that they cannot have a refund. If they have been, they must contact the CAA with the details to find out exactly what is going on. We are working very hard to minimise the delays and to ensure that consumers get their money back.
I reassure my noble friend that we are doing absolutely everything we can to put in place the plans we need to restart the railways. They are operating a significantly reduced service at the moment. The challenges are fairly significant, but we are working very hard to make sure that drivers are available on Thameslink, and indeed on all lines, to make sure that when we can restore services, they can be restored fully.
On the latter part of the noble Lord’s question, I would not want to pre-empt the Williams Rail Review by giving any indication as to what is in it—mostly because I do not actually know, not being the Rail Minister. On the publication date, I will take that back to the department to see if I can get an updated date for him, and I will write to him.
My Lords, my noble friend Lady McIntosh has provided an opportunity to debate a very topical subject and for that I thank her and all noble Lords who have contributed. I take this opportunity to share my deepest condolences with the families of those who have tragically lost their lives, and of course with the noble Baroness, Lady Bennett, who has shared her story with us today. I have had the honour of meeting Meera Naran, the mother of Dev, who died last year. To honour his death and those of many others, we must redouble our efforts to make all our roads as safe as they can be.
Being in a vehicle is risky and dangerous. Although we have some of the safest roads in the world, nearly as safe as those in Sweden, around 1,500 people die every year. Motorways are the safest type of road. The fatality rate on an A road, for example, is four times higher than that on a motorway. But any death on our roads is one too many and where changes can be made, they should be. Furthermore, I recognise, as do many people in my department, that some drivers feel less safe on a smart motorway than on a conventional one, and we understand that. That is why the Secretary of State asked the department to carry out an evidence stock-take to gather the facts about the safety of smart motorways and to speak to a wide range of families and stakeholders to understand what could be done to make people feel safer. The stock-take will be published shortly.
Smart motorways increase capacity by around a third and help tackle congestion on some of our most busy roads. They help people get from A to B as well as keep our freight moving. They enable us to increase capacity while minimising the amount of additional land required. This has environmental benefits and it means that capacity can be added more quickly. But safety must be a priority. Highways England’s objective is to ensure that a stretch of road that is converted to a smart motorway is at least as safe as it was previously, and that is what the evidence stock-take is looking at.
It is worth reflecting on the conversion of a hard shoulder to a running lane—a key feature that increases capacity on smart motorways—and then looking at the provision and spacing of the emergency areas that essentially replace the hard shoulder and which can cause concern. It is worth noting up front that the hard shoulder on a traditional motorway is not a safe place to stop. One in 12 fatalities on a motorway happens on the hard shoulder. In contrast, there have been no fatal collisions in emergency areas on smart motorways. Furthermore, research shows that approximately 90% of stops on the hard shoulder of conventional motorways are unnecessary; they are simply not emergencies, and they involve putting not only the drivers themselves at risk but their passengers. We will come back to this again and again: public information and public awareness are key to road safety, and that is just one example of where it really would make a big difference.
In today’s schemes, the emergency areas on smart motorways are spaced at a maximum of 2,500 metres, which is about every mile and a half, so at 60 mph, a driver can get to one in under 90 seconds. A number of noble Lords have mentioned the closeness of the spacing of the ERAs on the M42. I will write in more detail about that because it is very important to understand that the M42 did not have the same system as we have now. It was a proof of concept and it is not the same system, so it is not comparable. However, as I say, I will write to explain.
Highways England undertook a review and found that there was no consistent correlation between the number of live-lane stops and the spacing of emergency areas, while the improved reliability of modern vehicles means it is rare that drivers are unable to reach an emergency area if they need to stop. Although there is no consistent correlation between the number of live-lane stops and the spacing of emergency areas, it is important that users feel as safe as they should. Highways England is therefore making a number of changes to the design of emergency areas, so where my noble friend is concerned that cost is given priority over safety, it is a fact that safety—or more specifically, the perception of safety—is in this circumstance being prioritised over cost. The specification for the maximum spacing of emergency areas on new schemes has been cut by a third from 1.5 miles to 1 mile, so a driver travelling at 60 mph would get to one within 60 seconds. This will help drivers feel more confident that they can find a safe place to stop in an emergency. All emergency areas will be fitted with orange surfacing to make them more visible and better advance signing to give information on exactly how far it is until you reach the next one.
One concern noted by many noble Lords is the risk of a live-lane breakdown. I hear and understand concerns about these breakdowns. Some of the images and telephone calls from smart motorways highlighted in the media were utterly heart-breaking. But it is also worth recognising that live-lane breakdowns can and do happen on any road. They happen on smart motorways, yes, but also on conventional motorways, dual carriageways—which often do not have a hard shoulder—and blind corners in country lanes. They happen, so what do we do about them? We must do what we can to minimise their risks in the circumstances in which they occur. On smart motorways we have technology that can help reduce that risk. In all those other circumstances, we do not.
A regional traffic control centre is usually made aware of a vehicle stopped on a smart motorway either by an alert from a traffic flow system—they monitor the cars as they pass under the gantries—then verified by CCTV, which there is along the entire stretch of smart motorways, or by the driver themselves or a member of the public calling the police, who then immediately notify the system. On a smart motorway the red X is then activated to shut the lane, alerting drivers to the incident, and speed limits are put up to slow the approaching traffic. The system can also be used to create an emergency access lane, if needed.
This goes back to education again, does it not? Observing the red X is a key part of motorway safety. In partnership with the police, Highways England has issued more than 180,000 warning letters to drivers who incorrectly drove along a lane with a red X in a number of smart motorway locations. These letters are having a positive effect, but we need to get the red X up as quickly as possible. We need to reduce response times in setting the red X and the other traffic management systems that work with it.
Highways England has installed stopped-vehicle detection on two sections of the M25 and will shortly install it on part of the M3. I point out to noble Lords that stopped-vehicle detection is very useful but is not a silver bullet. As noble Lords will know, radar was built to detect moving vehicles—things that move either through the sky or along the ground. If something is stopped, radar is not necessarily 100% accurate. It can help, but more technology is coming down the track. Highways England is looking at image-based technology, which may also be able to help.
What does one do if a vehicle is stopped on a live lane? What happens next? I noted reports in the media that the AA will not let its patrols stop in live lanes to help stranded motorists. That is very good, because they are absolutely not expected to. Highways England worked closely with the entire recovery industry to develop guidance on safe recovery from smart motorways. Vehicle recovery operators are never expected to work in a live lane on a motorway—not just a smart motorway—unless the scene has already been made safe by traffic officers or the police. Throughout the design and development of smart motorways, there has been extensive consultation with the emergency services to ensure that they have safe and effective operating procedures. This includes getting a vehicle off the road and to a place of safety.
I note the comments from the noble Baroness, Lady Randerson, about electric vehicles. When I first heard this, I was absolutely astonished. Quite frankly, this is applicable not just to smart motorways but to every single road. We will need to be able to move electric vehicles, wherever they happen to stop or end their days. I assure her that I will now look into it with great gusto, provided I keep my job. Work is under way to look at short-term measures to make sure we can get electric vehicles off to places of safety as quickly as possible, on whichever road, because that certainly would be a large drawback to the introduction of electric vehicles.
Highways England signed a national agreement with the police, fire and ambulance services setting out the principles of operating smart motorways and responding to incidents, along with other regional operating agreements to cover the individual schemes within their areas. Even in heavy congestion, some traffic is usually able to pass the scene of an incident, creating enough space for drivers to pull over and allowing the emergency services to pass. If that does not work and there is a significant blockage, the police can access the incident from the other side.
A number of noble Lords mentioned near-misses. These figures have been bandied around. I wonder whether any noble Lords have looked into what these near-misses mean, what they are or where those figures came from. They are raw data and are probably correct, but there has been such an upturn since 2015 because there has been a massive increase in proactively reporting things that are called near-misses but might be very minor issues along the side of the road. None of the 1,485 incidents recorded on the M25 in the report resulted in any injuries at all.
I do not have long, so I will touch briefly on awareness. This all comes back to awareness. There is so much we must be doing to help our drivers drive safely—not just on smart motorways. I want our drivers to be driving more safely on every single road in our country. Anecdote and gut feel cannot be the main drivers of the critical decisions we face when it comes to road safety. We need to analyse the evidence.
As I mentioned, the evidence stock-take will serve as a significant measure to inform the public on how the Government will proceed with smart motorways. Safety on our roads is critical. We have an excellent record on road safety and our motorways are the safest roads, but still people die—around 1,500 a year. For as long as I am Roads Minister, that keeps me up at night.
(7 months, 2 weeks ago)Lords Chamber
I thank the noble Lord, Lord Rosser, for introducing a specific part of Schedule 10: notably, paragraph 6, which gives the Secretary of State the power to make regulations for the provisions about fixed penalty notices, the form of and the information included, and the consequences of providing false statements in connection with fixed penalty notices, including the provision of creating criminal offences, as the noble Lord noted. It is important to note that within all this there is the affirmative resolution, and the consequences need to be proportionate and appropriate to the fixed penalty notices themselves. So proportionality will certainly come into this.
Should the regulations be used in future, the key consideration will be whether they are proportionate. The noble Lord mentioned that the consequences could be put in other legislation, but there could be no other suitable legislation coming down the track. As he noted, there is precedent for making regulations in the manner set out in the Bill. This would be a perfectly reasonable way to provide the flexibility that the Government need in this area as the entire sector develops. We need the flexibility not only for the information required in fixed penalty notices; it must therefore be the case that the consequences of providing false statements in relation to fixed penalty notices must also be needed. That is why we have taken this power in the Bill.
I hope that, with that explanation, the noble Lord will feel able not to oppose the schedule.
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My Lords, I thank all noble Lords who have contributed to what has been a very interesting debate. It has been more wide-ranging than I anticipated.
The Government are listening to everybody contributing to this debate—within this Chamber and beyond—about what they should be doing. Something needs to be done, but there is no silver bullet. Standing here now, I can absolutely say that there is no magic bullet, no single solution. We cannot legislate our way out of the issue facing us unless we completely ban drones. There was mention that perhaps we should have had a registration system at the outset, but we have had model aircraft for years. They have not had anything, and they too have been involved in incursions over airports. We cannot lull ourselves into a false sense of security. We cannot say that the Government are not doing enough, that something must be done and that this is all so terrible, because what in this Bill would have prevented Gatwick, for example?
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I thank my noble friend for his additional data, to be added to the information I will be collecting before too long.
What I said about Gatwick is that there is no silver bullet; there was not one piece of legislation that would have stopped Gatwick.
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I am very pleased that this group came immediately after the previous one because I too will probably be saying pretty much what I said before. Obviously, geo-awareness and electronic conspicuity are important parts of the delegated regulation. Even though the noble Baroness would perhaps like these to be introduced sooner, I am sure she would accept that, while we are in our transition period, we have to follow EU law. The two items identified in this amendment are already in UK law; there is a three-year transition period in which they will come into effect. The noble Baroness mentioned that new drones can be purchased with all these things. There are people in the model aircraft community who will be very quick to write to all noble Lords to tell them why the transition period of three years is required. I have been at the receiving end of one their campaigns; it involves a lot of letters.
There are many reasons for the three-year transition period. While we were a member of the EU we could not change it, as the noble Baroness, being a Liberal Democrat, well knows. Those two requirements are already there so, from the point of view of the amendments, we can put them to one side. I have been through the registration issue several times: there is an operator and there is a remote pilot; the remote pilot is under the responsibility of the operator and can be under 18. It is nobody’s interest to stop people under 18—a 16 year-old, for example—flying these vehicles.
On remote identification, once electronic conspicuity is ubiquitous, we will be able to link the identifier to the registration system. At the moment, there is literally a physical number on a drone; that will change over to electronic conspicuity once the transition period is over. The model aircraft people will have put electronic conspicuity into all their aircraft by then and the entire system should be ready to go. I hope that, given this explanation, the noble Baroness will feel able to withdraw her amendment.
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I thank the noble Lord, Lord Rosser, for raising this very important point. Certainly, the Government are well aware of a wide range of risks relating to unmanned aircraft and the fact that they may, in due course, be operated from overseas. That is one of the risks we are considering.
The Government published the UK Counter-Unmanned Aircraft Strategy in October 2019. That strategy aims to safeguard the potential benefits of unmanned aircraft—because they can bring substantial benefits to the UK—by setting out our approach for countering the threat posed by their malicious or negligent use. I stress that this is very much work in progress. As all noble Lords have commented today, this technology moves very quickly, but the focus of this strategy is on keeping the UK public safe and protecting our critical national infrastructure, prisons and crowded places, irrespective of where the threat originates, in the UK or externally. It is therefore not necessary to prepare and publish an additional strategy specifically for managing a threat from overseas; it is something that is under consideration and was considered as we prepared the strategy.
As I have said many times today, the strategy recognises that there is no silver bullet: we must look at all the threats and at mitigating them all, both through the Bill before your Lordships today and through more practical elements, such as training the police, making sure that airports have access to the technology, as I explained earlier, and making sure that everybody using the technology or putting these powers in place has the training and guidance needed to respond effectively to the threat. I hope that, based on that explanation, the noble Lord will feel able to withdraw his amendment.
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The noble Baroness has hit a particular nail on the head. That is why the catalogue of equipment is being developed by the CPNI. It is encouraging the leasing of equipment. Airports are responsible for safety and security within their boundaries, so they are being encouraged, where they feel it is appropriate, to lease appropriate equipment. Not all airports are the same, because of different sized sites and all sorts of different reasons. There is always ongoing engagement with the Ministry of Defence and the police. Every incident is dealt with on a case-by-case basis because, interestingly, no two incursions are the same. Some can be dealt with extremely easily and others require a different approach. We are well aware of the difference.
It is not just the different sizes of airports. There are various other bits of critical national infrastructure that fall under this entire threat picture. We are cognisant of that; it is part of the work on the strategy to make sure that we have the appropriately flexible response to make sure that we can deploy resources in the best way.
We have also been engaging with the Ministry of Defence. Along with the Home Office, my department works closely with the Ministry of Defence to share learning from its military work overseas and how best to work with the counter-drone industry. We work closely with the Civil Aviation Authority, including on the development of the drone code and drone registration scheme. Since Gatwick, the code has been reviewed and the drone registration scheme has come into existence.
We have regular meetings with BALPA, which is always a pleasure, and we are very interested in what it has to say. We also see a wide range of other bodies, either regularly or on an ad hoc basis, which includes the drone and counter-drone industries, regulatory bodies, airports and other critical national infrastructure sites, academia, and in particular international partners— this is not just a UK issue, and we speak to our international colleagues about it. I had a meeting with people from the States just a couple of weeks ago; they are facing the same problems, and we should not think that we are behind the curve, because we are certainly not.
I hope that, based on that explanation, the noble Lord will feel able to withdraw his amendment.
(8 months ago)Lords Chamber
My Lords, I thank all noble Lords who have participated in today’s wide-ranging debate. The Government will respond to all the questions raised—unfortunately, probably not all today, but I will endeavour to get a communal letter out to all noble Lords who have participated so that, in advance of Committee, we have provided the correct information. The quality of contributions has been significant, and I will try to rattle through as many of the issues raised as I possibly can.
The noble Lord, Lord Tunnicliffe, my noble friend Lord Naseby and other contributors wondered whether the Government have been too complacent about drones and whether the timetable was sufficient to get the legislation to your Lordships’ House. There has of course been an election, and various other hiatuses in the progression of legislation through Parliament. However, that relates only to this Bill, and the Government have been absolutely on top of making sure that appropriate changes have been made to the Air Navigation Order 2016 and to previous air navigation orders. Legislatively, the Aviation and Maritime Security Act has been in place for many years, so regulations have been in place. The Bill before your Lordships’ House today gives the police powers to enforce regulations that have been in place for some time.
If that were not enough, we now have more regulation coming from the EU in the form of a delegated Act and an implementing Act. The delegated Act deals with product specifications for drones and the implementing Act deals with drone registration and operator elements, such as we in this country have already put in place. I therefore believe that the regulatory framework is there for us to use. Now, as a Government, we need to make sure that the police have ability to take that forward.
A number of noble Lords noted that the police powers were originally consulted on in a Home Office consultation that came out and was completed before the Gatwick incident. I reassure noble Lords that we have of course been in touch with members of the police force around Gatwick and, indeed, all over the country to make sure they are content with the powers in the Bill. We believe that they are. We have a close relationship with them, so they have been involved since Gatwick in making sure these powers are appropriate. Of course, we still meet with the police and other stakeholders to discuss these matters in general.
Stop and search was noted by some as being in the previous Home Office consultation. Not only have we been discussing this with the police; a cross-government working group also looked at stop and search powers. It is also worth noting that the cross-government working group agreed that the focus of the powers should not only be directed towards aviation and airports but be applicable to other areas such as prisons, which should lead to greater security. Of course, the world of drones and airspace change never stops, so we will continue to review the legislation to ensure it remains fit for purpose, particularly for drones. However, we cannot delay any longer and I believe that the Bill is a good way to take this forward.
There are important elements of the product standards that came in with the EU regulations on 1 July, for which there is a three-year transition period. They are electronic conspicuity, meaning that each drone will be discoverable and identifiable, which will help as unified traffic management progresses; and geo-awareness, which is already in legislation and therefore does not need to be added to the Bill.
A number of noble Lords have talked about the important issue of aviation and the environment. It is all very well talking about quicker, quieter and cleaner journeys, but not if the latter is not the case. If we can sort out our airspace, we believe that fuel burn from aircraft will be reduced by 20%. That is already a 20% reduction in carbon. More broadly, aviation needs to play its part in the UK reaching its net-zero target. We are carefully considering the recent aviation advice from the Committee on Climate Change, and we will shortly publish for consultation our position on aviation and net zero. That builds on the work we did with the aviation strategy 2050: we consulted and gained an enormous amount of feedback on what we should be doing with our aviation sector. We will take that forward.
It is not just carbon that is important; it is also about air quality. The industry is looking at reducing airport-related emissions, given that airborne emissions account for a very small percentage point of air quality concerns.
The noble Lord, Lord McNally, and my noble friend Lord Davies of Gower mentioned noise, an incredibly important and much-underappreciated element of the airspace modernisation programme. Modern aircraft can take off and land using much steeper angles of departure and arrival, so we can reduce the overall amount of noise experienced by householders. Airports are also beginning to use performance-based navigation, which means there are ways to direct planes to at least give respite to certain communities during the day. The Government take noise very seriously. We set up ICCAN at the beginning of last year to look more carefully at what we must do about airport noise and its impact on communities.
Turning to the Bill itself, the noble Lord, Lord Rosser, mentioned the number of delegated powers in it. I agree with him: when I saw it, it fair took my breath away. However, I have been through each of those powers with a fine-toothed comb and I am convinced that this is the most effective way to provide these powers. I say to all noble Lords who are interested in the delegated powers that, following the Government’s report, the DPRRC did not have any issues to raise with the House after reviewing those powers. I would be very happy to set up a specific briefing: the Bill puts new schedules into other Acts—for example, the Transport Act 2000—so the entire framework is a little complicated. I am convinced that even the Henry VIII powers have a rightful place in the Bill, but I am very happy to help wherever I can.
With reference to the devolved Administrations, the section of the Bill relating to activities around prisons is a devolved matter in Scotland and Northern Ireland. My department has written to both nations and the officials are currently liaising with their counterparts regarding the next stage of the process. We will continue to work very closely with them.
Turning to airspace change, mentioned at length by my noble friends Lord Goschen and Lord Naseby, and the noble Lord, Lord Tunnicliffe, this is a complicated area. I will commit here and now that I am very happy to organise a briefing on airspace in general, to provide the context required to properly understand the powers that are being asked of your Lordships’ House throughout the passage of this Bill.
The noble Lord, Lord Tunnicliffe, asked whether airspace change was nationally controlled. It is nationally mandated and nationally organised. The point about airspace change is that there are many layers, a little like an onion. Various people will be involved at various stages, but it is critical that given the change to the structure of CAP1616—the CAA’s process for airspace change—the amount of consultation and the number of stakeholders that are consulted within airspace change proposals has increased. I reassure the noble and gallant Lord, Lord Craig of Radley, that the military is at the heart of that. We have commercial aircraft, civil aircraft, military aircraft and general aviation, and local communities also have a significant part to play in responding. When I was—for at least five minutes last year—Aviation Minister, I chaired the Airspace Strategy Board. That was always a pleasure, because it brings together at a ministerial level civil aviation, general aviation, the military, the airports and the airlines. It is a good forum for discussing airspace change and how to make it as effective as possible. I reassure noble Lords that there is an over- arching control at the top in terms of getting people’s feedback in.
I am sure many noble Lords know and love the Chiswick flyover. A more serious point is that the Government are already investing in a number of bridges in London. We are considering bids from TfL to help with improvements to Kew Bridge, the Croydon flyover and the bridge at Gallows Corner. The Government are investing in bridges in London; we rely on receiving requests for funding in the first place.
I cannot answer that question, because I have not received a proposal. At the moment, the costs for repairing the bridge are estimated to be £120 million but this is a very early stage of the process. We should recognise that TfL has already stepped up to the plate and committed £25 million to make sure that the early work can start. It is its intention to go to award of contracts for the next stage in the spring.
(11 months ago)Grand Committee
I thank the noble Baroness, Lady Randerson, and the noble Lord, Lord Rosser, for this short debate on the SI before us. A number of issues have been raised and I look forward to trying to answer as many questions as possible. As ever, I will write if I miss out anything.
As I would expect from a leading Liberal Democrat, we heard the usual question: “What happens if we don’t leave the EU?” It is quite right for the noble Baroness to pose that question. That is obviously not government policy, so not a huge amount of work has gone into it—but the noble Baroness will know that, in the event that the UK does not leave the EU, all the work that we in government are doing at the moment on no-deal preparations, including these SIs, could be revoked. The SIs would simply fall away.
The noble Baroness, Lady Randerson, and the noble Lord, Lord Rosser, asked about the recast of our safety directive. That point is very important and is in flow at the moment; we will certainly need to consider it at some point next year. The recast Directive (EU) 2016/798 on rail safety repeals and replaces the previous rail safety directive, and forms the basis of the regulations that we currently have in place. The key aims of the new directive are: to streamline the application process for rail vehicle authorisations and safety certificates through a single EU one-stop shop; to achieve consistency of regulatory approach between national safety authorities; to achieve much clearer alignment with the European Union Agency for Railways; and to progressively eliminate technical and operational differences between member states’ railways, including through the gradual elimination of national safety rules.
As noble Lords mentioned, the UK has applied for an extension to be in place until 16 June 2020, which has been agreed. Regarding the terms of our departure, if we are in an implementation period at that stage, the recast safety directive will be brought into our legislative framework. I suspect that, if we are still in our positions, we will be back in place to debate it at that time. If there is no deal, the Government of the day can look at the changes that have happened in Europe and decide whether to bring those changes into UK legislation. If the directive is implemented in whole or in part, a consultation with industry will take place, as with any new legislation. Officials have already done much of the work to ensure that the directive could be implemented if it is necessary and desirable.
Moving on to the ORR and its ability to charge a fee, the instrument makes fixes to EU tertiary legislation that allows the ORR to charge a fee. It was clear that the ORR wants to retain that fee-charging ability should it need to in future; essentially, we are retaining the status quo. However, the ORR has advised that it does not currently charge a fee in its role in determining applications for access to the rail network but that it wishes to retain the ability to charge a fee should it need to—which is the status quo. However, if a fee were to be charged in future, it would be subject to consultation with the industry.
The noble Baroness, Lady Randerson, also mentioned the “made affirmative” procedure and asked whether it was still appropriate for this instrument to be brought through your Lordships’ House under that procedure. I suspect that it is. The debate taking place today is happening prior to the date on which a no-deal exit would otherwise have happened. Therefore, the significant difference between the “made affirmative” procedure and the normal affirmative procedure is not substantial in this case. Had we done it the other way, we may well have had the debate on the same day—but it was absolutely clear to us that we needed to make sure, had this debate not been able to be scheduled, for example, that certainty would be available to the industry. That is why we used the “made affirmative” procedure. We could have gone back and withdrawn the SI, then tabled it again under the new procedure—but, in practical terms, I am not sure that it would have made any real difference.
The noble Lord, Lord Rosser, brought up the subject of safety certificates in future and asked whether there would be divergence. We may want to diverge in future; one of the benefits of Brexit is being able to take control of the sorts of regulatory systems that we might find beneficial. Safety has always been a priority for this Government and for Governments before us, and it may be that, in future, we diverge from the EU in certain areas with regard to the safety framework. We are definitely not going to lower our safety standards, but we might do things differently. But things may change and, in future, EU operators wishing to operate in the UK will have to get a safety certificate from the UK, and that will be under the new regime. Obviously, this would have to go through your Lordships’ House and there are many steps to be taken in that process.
Break in Debate
I could not possibly comment on the words of my honourable friend in the other place, and I will go no further on that, but if I can shed any light, I will happily write to the noble Lord.
The words missing from the Explanatory Memorandum are “future needs”. Needs that might come to light will be in freight, for example. In my view, rail freight is an area where we should be looking to expand and improve the volume of goods that travel by rail. Improving gauge clearances or making all the other slight changes that one has to make to a railway to improve the ability of rail freight to, for example, get through tunnels, may have a knock-on impact on the safety certification. I do not know for sure, but these are the sorts of things that we will need to look at if we are to get more freight on to our railways. Therefore, we feel that, in future, divergence is a possibility. It is by no means a certainty. It would not happen without full consultation with the industry, and it would happen only if it is in the interests of the industry.
I cannot guarantee for my noble friend that that issue will form part of this specific review because, as I said, it is about the future of mobility and urban strategy, and the micromobility types of transport that will come forward in future.
The noble Lord will know that enforcement is an operational matter for the police but I reassure him that over a one-week period in July, 100 people were stopped on the streets of London and were issued with fines; some of them had their e-scooters confiscated. I disagree with the noble Lord that, pending the regulatory review, we should not enforce. We do not know the outcome of the review; it is certainly our view at this time that we cannot guarantee that any changes to regulations will be made.
I thank both noble Lords for their contribution to this short debate. I hope I will be able to answer all the questions that have been raised. The noble Baroness, Lady Randerson, asked about the CAA. I agree with her—at the moment the CAA can do no wrong in my eyes, quite frankly. It brought our people home without fuss or nonsense and mostly without error—all credit to it for its work on Operation Matterhorn. However, it has the expertise in this area. It is a substantial organisation with a lot of people with expertise in a range of areas and it understands the air services markets particularly well.
The noble Baroness was concerned about resourcing. That is always my concern with the CAA as well. Section 11 of the Civil Aviation Act 1982 permits the CAA to make a scheme for determining charges. These charges would be met by those airlines that would be harmed by the anti-competitive practices. In essence, resources for the CAA would be met by those airlines that would be harmed by this action. Officials have worked very closely with the CAA in the development of this instrument and we believe it is content.
The Department for Transport might have a role in the investigatory stage. It will get involved only if it has the relevant expertise and, as importantly, only if its assistance is requested by the CAA. It is not as though the department will get in there and stick its nose in where it is not welcomed. We do not envisage a proactive role in the investigation. There will be a specific request. For example, sometimes the CAA can feel that it is more appropriate for the DfT to request information from third-party Governments. That sort of request comes better from the Government than from the CAA. But as I said, the department would very much be there in a supporting role.
I turn to the points made by the noble Lord, Lord Rosser, about the SIs that might be tabled in the unlikely event that the CAA recommends that redressive measures should be adopted. I point out to noble Lords that we do not expect that the provisions in this SI will be needed—it is very much a safety net just in case—but if that happens the Secretary of State will put forward regulations in the form of a draft statutory instrument. If there was one airline involved, it clearly would be a single airline instrument that would set out the redressive measures proposed. It would be up to Parliament to decide whether it was appropriate. If there are multiple airlines, they could be within the same SI or they might not be. It would really depend on the circumstances. As I said, it is slightly uncharted territory because these sorts of issues rarely get to the stage where one would use an SI such as this. Usually they would be sorted out in air services agreements much in advance of getting to this stage.
The noble Lord asked about the engagement we have had with industry stakeholders. I reassure him that we meet the aviation industry very frequently. Indeed, I was the Aviation Minister for a while and I had the honour of meeting the industry on many occasions. At each of the groups we had—for example, the round-table meetings we had on 18 February, 10 July and 16 September—we put forward where our future legislative programme might impact the industry to ensure it responds appropriately where it has concerns. I have to be frank: I have found the aviation industry to be extremely responsive. It is represented very well by various trade bodies. For that reason, we believe that there are no concerns, since none was raised with us.
I thank noble Lords for their consideration of these regulations.
I am sorry if I phrased that incorrectly. I know that the noble Baroness welcomed the local consultation. The point I was trying to make is that this was more than the Government just going to Kent and saying, “What do you think of this?”. This was more about Kent saying, “Actually, given what happened with Operation Stack, we’d really like these powers, and if the Government could sort it for us, that would be great”. So that is what the Government are trying to do today. As has been mentioned by a number of noble Lords, these powers are available in the event that there is congestion at the border caused by a no-deal Brexit, but they can also be used for bad weather and/or industrial action.
The noble Viscount, Lord Hanworth, noted the use of Operation Stack in 2015. I, too, was unfortunate enough to drive through Kent at the time, and it was a nightmare. It caused great trouble, so we are well aware of the issues that can happen, and they do not have to be Brexit-related. Having said that, however, these powers are limited to 31 December 2020. That is right, in that we would not want to extend powers then leave them hanging for a long period of time if they are not needed in future. Certainly, should we or a Government in the future decide that they are useful and benefit the people of Kent, I would expect similar legislation to be passed again in future, once these powers have fallen away on 31 December 2020.
As I have mentioned, these powers are very much for the benefit of businesses, residents and people who—like me—travel through Kent. They are being made under a variety of different Acts, which is why—I am sure noble Lords understand—one is draft affirmative, one is made affirmative and one is negative. They stem from different parts of our legislative scope and the different things we have available to us. They are a series of instruments and will not come into effect without Parliament’s approval, so the negative does not come into effect on its own.
The noble Baroness, Lady Randerson, mentioned the SDOs and referred to three different sites. The SDOs are in place for Manston, which has been in place since January 2019; Ebbsfleet, which has been in place since September 2019 and will be used as an HMRC transit site; and Ashford, which has been in place since September 2019 and is an HMRC transit site and turnback site so that HGVs that arrival at Eurotunnel and are found to be not compliant will have somewhere they can go that will have facilities for them to try to get themselves compliant, so that they can be border-ready and can head across to the border.
The noble Baroness, Lady Randerson, and the noble Lord, Lord Rosser, mentioned empty lorries. These will be treated the same as other lorries. I will be honest with noble Lords: we looked at whether we could treat empty lorries separately, but there are various issues around, for example, packaging. Some packaging, although it is empty, must have the relevant certification with it because obviously there is no way of making sure that that packaging is empty. Therefore things such as beer kegs need some customs documentation. An empty lorry that does not carry beer kegs will not need it.
This brings us on to the general discussion about the documentation needed, who is checking it and how qualified these people are. There are levels—layers—to this entire system. The traffic officers, whether they be temporary or permanent, will look for the existence of certain documents. This is not a shadow French or EU customs operation; they are looking for the existence of the documents. If those documents exist, they assume that that HGV is compliant; it will get a permit and continue. They do not have to be experts. However, I take the point: training is under way and is being done in order that the traffic officers, whether permanent or temporary, recognise the documents that we will require when they get to the border.
The classes of documents we are looking for are fairly straightforward: for travel documents, it is a passport or ID card, and for customs, it is the movement reference number from two different types of document. Only in the case of phytosanitary certificates, export health certificates or export licences for chemicals and drugs will we look for additional documents. The training is under way and will continue. To do the checks, the traffic officers will have screens. It is done online. The software is translated into 11 different languages so that if the traffic officer speaks to somebody who does not speak English but perhaps speaks one of the languages in front of them, we can make sure that the person has the documents and can be on their way with a permit as quickly as possible. To help noble Lords’ understanding, the traffic officers are doing the checks; they are also responsible for traffic movements. We are looking to the police for enforcement, not checks, and to the DVSA, which has similar powers.
The noble Baroness, Lady Randerson, went on to talk about the contraflow. We are very seized of the issue that the contraflow brings to the M20. We completely understand that it is not a permanent solution. I can give the noble Baroness some hope. I have seen some proposals for what the permanent solution may be. We are getting to the bottom of them, and I very much hope that in the not too distant future we will be able to share with noble Lords what the permanent solution will be. I do not believe it will be as terrifying—as the noble Baroness mentioned—as driving down that stretch of the M20 can be at this moment in time.
Turning to the local lorries, I suppose there are two issues here. First, there are lorries that need to do a delivery or pick-up within Kent before they proceed to the border. I would expect them to have all the appropriate documents because they are heading to the border. In all this there is an overarching assessment of reasonableness. They should have the right sort of documents. We spoke to the Kent Resilience Forum about the other local lorries, and the police are well aware of the rat-runs that HGVs trying to get to the border might use. They know where people are going. They will not be covering every single road in Kent. Most of the local traders in Kent will be able to get from A to B with no trouble. Many noble Lords have recognised that a lot of these hauliers—well over 80% —will be operating businesses based out of the EU. I suggest to noble Lords that the number plate might be a bit of a giveaway anyway, but of course it is clearly not 100% fool-proof.
I turn to the impact assessment or lack thereof. A de minimis assessment was undertaken with these SIs about the actual or potential imposition of this contingency plan. We followed the approach agreed with Defra advice. The more general issue of potential disruption in Kent in the event of no deal has been assessed by the Kent Resilience Forum with input from the border delivery group and DfT.
I turn to points raised by the noble Lord, Lord Rosser. I have what I hope are some helpful numbers that will put his mind at rest about the additional staff. If operational, it is true that this will need a significant number, but remember that these powers are only needed if Operation Brock is in. We are probably looking at 125 temporary traffic officers. They will do the traffic checks on the M20 and will be on three-month contracts extendable by three months. We will be looking at about 130 DVSA enforcement staff, 60 of whom will come from outside Kent. There will 120 Highways England traffic officers. There will be 350 police officers, 160 of whom will come from outside Kent, given the very well understood structures that exist for when police forces need to help one another. Any deployment from outside the Kent area will be time limited. Appropriate arrangements will be put in place to ensure that roles are covered as people move to different responsibilities.
The noble Lord is right: if there are impacts from a no-deal Brexit, we expect them to fall away. The issue here is the readiness of traders and hauliers—the former obviously being more important, as they are responsible for the documentation. If a haulier is caught by this system and has to go back to the end of the queue—for not being trader-ready and not having ready the right documents—he or she is unlikely to do that again. I suspect not only that the jungle drums between the different hauliers will be saying, “You need to have your documents ready if you’re going to get out of the UK in one piece”, but that, because of the work that we are doing with traders to make sure that they are ready as possible, we will see a significant decrease over the three months in the number of hauliers approaching the border who are not ready.
The noble Lord, Lord Rosser, asked how the £300 penalty was built up. He was quite right: it is for every contravention for which that person is caught. However, again there would be a test of reasonableness. If a haulier was consistently breaching the regulations and taking routes that they should not, I suspect that being penalised many times would probably be appropriate, because we have to stop the behaviour. At the end of the day, the hauliers do not want to get to the border without being border ready—so, to a certain extent, this is for their benefit. When the noble Lord asked whether one could look in the back of empty lorries et cetera, it is for the haulier to benefit from getting the permit, so that they can crack on and get to where they want to be. It is not really in their interests to act against what the traffic officers are trying to do.
I turn to communications and guidance. We are in an active programme of communications at this time. As noble Lords will know, communications with traders have already started, as have those with hauliers. We have pop-up stands throughout the country encouraging hauliers to get ready for a potential no-deal exit on 31 October. Guidance for the hauliers will be available shortly, subject to these SIs going through—once that happens, guidance will be available. It will be sent to the haulage associations, with whom we have a very good relationship. As the noble Lord mentioned, we will send it to unions as well. I am not sure of the extent to which this is a highly unionised industry. To the extent that it is, we will make sure that the unions have those documents.
On that subject, we have not specifically spoken to unions about this. We have a good relationship with Unite, for example. In normal circumstances, we find that it generally comes to us if it has specific concerns—we have not heard about any on this. However, at the noble Lord’s prompting, we will make sure that they are looped into the information as it is available.
It is not the Government’s intention to suspend the regulations on drivers’ hours or any other regulations around working time. We would do it only if we needed to. The noble Lord asked whether they had been suspended before; I am not aware that they have been. I think the issue arises where the rest times for hauliers are often required to be spent outside of the cab et cetera. When they are in a long queue of trucks that is not moving, they will have the opportunity to get out of their cab—although I understand that it might be winter and they may not want to.
I am doing my best, but I might have to go back through Hansard to try to understand the noble Lord’s exact point. To my mind there are two separate issues here. The first is whether these powers—the operation block enforcement powers—can be used in circumstances of industrial action or severe weather: yes, they can. Secondly, and entirely separately, there is the issue that we might get to whereby drivers’ hours or working time directive regulations might need to be suspended. We do not want that to happen, obviously. I thought that the noble Lord had asked whether that had happened before; I am not aware that is has and will have to write to the noble Lord on that. In doing so, I will ask whether those circumstances arose.
I believe that I have covered as much as I am able to today. I will certainly go back through the notes—
We are deeply aware that there are a number of freight routes for rail and are doing what we can to improve their usage. For example, I am not sure whether the noble Lord is aware of the W7A gauge clearance project, which is going on at the moment. We are building a business case with industry to develop a W7A gauge clearance which would run along the trans-Pennine rail route via Huddersfield and Stalybridge. I hope that meets with his approval. If there is a positive business case, we will proceed with it forthwith; it could be in place by late 2020.
I thank the noble Lord for his question but, of course, it is not either/or; the two must be developed together. We often end up looking at a single mode for freight; what we must do is look at all the options, which will include road and, obviously, rail. But he brings up an important point. We will look very closely at cross-modal freight across the country in a strategy for the future starting this autumn.
I thank both noble Lords for their contributions today. The noble Lord, Lord Teverson, mentioned wax cylinders, which was very interesting; I did not know that they were used in that way. Obviously, tachographs nowadays are incredibly smart and can link into the transport system. They can tell people where vehicles are at any time.
They will make a difference to road safety in our system. The noble Lord also raised the question of standards and whether the Government intend to change the standards for drivers’ hours. We have no intention of changing those standards; we have some of the safest roads in the world and we wish to keep it that way. We believe that we are in a good position at the moment. I take his point about the new type of delivery vehicles that we see, often delivering from companies such as Amazon. There has been an explosive increase in those. We have no plans to introduce tachographs into those vehicles at the current time, because they would significantly increase the weight range of the vehicles covered. However, we are of course working with the employers to do what we can to make sure that those drivers not only have good working conditions but are encouraged to keep the roads safe.
I turn to the points raised by the noble Lord, Lord Rosser, about the timing and powers and whether we have been able to enforce them. This is quite an interesting situation, in that when the European Union introduced this requirement, there was some suggestion that the date might be delayed, as a number of other EU member states and trade associations wanted a delay. They chose not to delay it in the end, but one issue that has now arisen is that there is a supply shortage of these new smart tachographs. This has happened all across the European Union and, therefore, the reality is that not a huge number of these things have been able to be installed because they have not been available. Apparently, there is just one company that makes one component for these tachographs.
What the UK has done is to say that new vehicles that are first registered from 15 June may use the old tachographs. An old tachograph can be put into the vehicle and then, when the new ones are available, they will go in. This has had the effect that the majority of newly registered vehicles still have the traditional—though I assume they are not that traditional—tachographs and these will be switched out when the new ones become available.
I accept that there has been a delay in the timing, which has been caused by the uncertainty over the start date of 15 June and the legal background and context of the SI taking some time to sort out. I reassure the noble Lord that the main reason for these tachographs is drivers’ hours, which are covered under other regulations. The deficiency of powers in this instrument relates simply to not having the new tachographs properly fitted, sealed and calibrated—they have to be calibrated every two years—and using print-out paper that is not approved. Those are the powers that we have not had but will have when this SI has been made. However, we are able to enforce the more significant power on the drivers’ hours as it is.
There are certain powers that the Government hope to have, after this SI has been made, which we will then be able to use but the reality is that we are talking about very few tachographs. The second issue is that if the DVSA picks up a contravention, it is unlikely to be much broader in terms of the drivers’ hours. There will be reasons for that. The contraventions that the new powers give us are relatively minor, compared to the really significant ones on drivers’ hours contraventions. I will admit to the noble Lord that there are deficiencies in powers, which is what we are trying to rectify today. However, we already have the most significant powers anyway, and it is unlikely that any particular vehicle would be doing just one of these things. It would probably be doing a number of them, otherwise why would they bother not to have it fitted properly unless they were trying to do something untoward?
The noble Lord, Lord Rosser, mentioned resources. In our opinion, it is likely that no additional resources will be needed on the introduction of these new powers as they will be included in the checks which the DVSA already carries out. It does hundreds of thousands of checks a year; I think it is 200,000. It is incredibly busy in looking at HGVs and making sure that everything is appropriate. The noble Lord also mentioned the technology to monitor the data from the new smart tachographs. Unfortunately, I do not have that information but I will write to him shortly after this debate and give him what information I am able to.
My Lords, with the leave of the House, I shall now repeat a Statement made by my right honourable friend the Secretary of State for Transport in the other place. The Statement is as follows:
“Mr Speaker, I would like to make a Statement about the steps the Government have been taking to support those affected by the collapse of Thomas Cook, in particular the 150,000 passengers left abroad without a flight back and also the 9,000 people here who have lost their jobs in the UK.
This is a very sad situation. All parties considered options as to how this company could avoid being put into administration. Ultimately, however, Thomas Cook and its directors took the decision themselves to place it into insolvency proceedings, and it ceased trading at 2 am on Monday 23 September. I recognise that this is a very distressing situation for all involved, and I would like to assure Members that the Government are committed to supporting those affected, including by providing repatriation flights free of charge for all those people.
We have been contingency planning for some time to prepare for this scenario, under Operation Matterhorn. The Government and the Civil Aviation Authority have run similar operations in the past and have been working hard to minimise disruption for passengers and to try to assist Thomas Cook’s staff. Even with our preparations and previous experience with Monarch, the task before us represents the largest peacetime repatriation ever undertaken in the UK. Some disruption and delay are inevitable, and we ask for understanding, particularly for Thomas Cook’s staff, many of whom are still working alongside the Government to help ensure the safe return of customers.
For example, the situation in Cuba has been reported in the media. The aircraft left this morning, and all passengers from Cuba scheduled to come home today are on that flight.
Normally, the CAA’s responsibility for bringing back passengers would extend only to customers who are covered by the ATOL scheme. However, there would have been insufficient capacity worldwide in the aviation market for non-ATOL customers to book tickets independently and bring themselves home. Some passengers would have had to wait for a week or more and others would have suffered financial hardship while they waited for an available flight. This would have created further economic problems, with people unable to return to work or be reunited with their families. With tens of thousands of passengers abroad with no easy means of returning to the UK, I instructed the CAA to ensure all those currently abroad were able to return, ATOL or non-ATOL.
Due to the size, complexity and geographical scope of the Thomas Cook business, it has not been possible to replicate its exact airline and schedule. In the case of Monarch’s collapse in 2017, the CAA was able to source enough aircraft of the right size and type to closely match the airline’s own operation. Thomas Cook was a much bigger airline, however, and also provided a global network of package holidays. As a result, this operation is much more challenging. Some passengers will be travelling home on commercial flights where other airlines have available seats. I am sure that the whole House would like to thank all the airlines and ground staff who have offered assistance to Thomas Cook passengers in this difficult situation.
I would like to update the House with the latest information and give honourable and right honourable Members a sense of the scale of the operation that has been going on. We have put in place arrangements to bring back more than 150,000 people to the UK across 50 different locations. This requires more than 1,000 flights by CAA-chartered aircraft over a two-week period. Passengers will be able to complete their full holidays, so they should not be leaving early and should be able to return on the day they were intending to.
So far, in the first two days of the operation, nearly 30,000 passengers were returned to the UK on more than 130 dedicated CAA flights, with a further 16,500 passengers whom we hope to repatriate today on something like 70 flights—I checked before I came into the House. So far, 95% of people have been repatriated on their original date of departure. We have not been able to bring everyone back from the airport they went to because of the different sizes and shapes of the aircraft available. In the first two days, we provided onward coach travel to over 2,300 passengers and arranged an additional flight from Gatwick to Glasgow to relocate passengers who had flown back to the wrong airport. The CAA has reached out to over 3,000 hotels to issue letters of guarantee to ensure that British holidaymakers can remain in their hotels. That has been followed up with calls and contact from FCO officials.
There are over 50 overseas airports involved— around the Mediterranean, in north Africa and in North America—and 11 UK airports engaged in this programme. There have been over 100,000 calls to our customer service centres and over 2 million unique visitors to the CAA’s dedicated website. There were close to 7 million page views on the first day alone. In total, 10 government departments and agencies have been involved, including the DfT, FCO, BEIS and DWP in London, and our extensive diplomatic and consular network in the affected countries worldwide.
I have been hugely impressed as the programme has rolled out in the last few days. The response from Thomas Cook passengers has generally been positive, with many praising the CAA, local staff and government officials, even though there has been considerable disruption. For example, people have not been able to use advance check-in, as they are used to doing, instead having to queue—therefore causing the queues as seen on television screens. Despite these robust plans and their success so far, this is a distressing situation for all concerned. One of my top priorities remains helping those passengers abroad to get back to the UK and to do so safely.
In addition to supporting passengers, we have been working across government to ensure the 9,000 former Thomas Cook employees in the UK and those overseas receive the support that they need. The decision by the Thomas Cook Group’s board has been deeply upsetting for employees, who are losing their jobs. DWP’s Jobcentre Plus rapid response service is in place, helping workers to get back into employment. The Jobcentre Plus rapid response managers across the UK are ready to engage with the liquidators to start that vital work. There are special arrangements for UK employees who are owed redundancy and notice pay by their insolvent employer. The redundancy payment service in the Insolvency Service can pay statutory amounts owed to the former employees from the National Insurance Fund.
My right honourable friend the Secretary of State for Business, Energy and Industrial Strategy is establishing a cross-government task force to address the impact on employees and local communities. This will help to overcome barriers to attending training, securing a job or self-employment, such as providing childcare costs, tools, work clothes and travel costs.
My colleagues and I have also been in contact with those Members whose constituencies will have been hardest hit by those job losses and given assurances that we will work with the industry to offer what support we can. In fact, all honourable Members’ constituencies have been affected in some way, even from working in a shop location.
My colleague the Secretary of State for Business, Energy and Industrial Strategy has also written to the Financial Reporting Council to ensure that it prioritises, as a matter of urgency, an investigation into both the causes of the company’s failure and the conduct of its directors and its auditors.
I am also aware of the duty of this Government to the taxpayer. While affected passengers have been told that they will not have to pay to be flown back to the UK, we have entered into discussion with several third parties with a view to recovering some of the costs of this large operation. Around 60% of passengers have ATOL protection and the CAA’s Air Travel Trust fund will contribute proportionately to the cost of the repatriation as well as refunding future ATOL bookings. We will also look to recoup some of the costs from the relevant credit and debit card providers and travel insurers, and we will look to recover costs from other travel providers through which passengers may have booked their Thomas Cook holiday. We are also in discussion with the official receiver to understand what costs can be recouped through the company’s assets. The final cost of Monarch back in 2017 was about £50 million, including ATOL contributions. The repatriation effort for Thomas Cook is now known to be about twice the size and is more complicated, for the reasons explained.
It has also been suggested in the press that the Government could have avoided the collapse with a bailout of up to £250 million for the company and its shareholders. Given the perilous state of the business—including, as reported, a £1.5 billion half-year loss in May, followed by a further profit warning in November—that was simply not the case, with no guarantee that such an injection would have secured the future of the company. In effect, our concern is that we would have put in £250 million and would have been throwing good money after bad. And then we would have had to pay the repatriation costs anyway. It is clear that in the last few years the company ran into several problems, trying to expand through investing in the high street while the market moved online.
The loss of an iconic British brand, which was 178 years old and one of the world’s oldest travel companies, is an extremely sad moment. However, this should not be seen as a reflection on the general health of the UK aviation industry, which continues to thrive. Passenger numbers are up, and more people are travelling more. The truth is that the way people book their holidays has changed an enormous amount, but it did not change as much within the company. None of that should detract from the distress experienced by those businesses reliant on Thomas Cook passengers and also Thomas Cook employees, who, as I have already said, have worked above and beyond in recent days, during this distressing situation.
We have never had the collapse of an airline or holiday company on this scale before, but we have responded swiftly and decisively. Right now, our efforts are rightly focused on getting passengers home and looking after employees, but we also need to understand whether any individuals have failed in their duties of stewardship within the company. Our efforts will then turn towards working through the reforms necessary to ensure that passengers do not find themselves in this situation again. We need to look at the options, not just ATOL, but also whether it is possible for airlines to be able to wind down in an orderly manner. They need to be able to look after their customers and we need to ensure that their planes can keep flying, so that we do not need to set up a shadow airline for whatever period of time. That is where we will focus our efforts in the weeks and months ahead. In order to do that, we will need primary legislation in a new Session of Parliament.
In what has been a challenging time, I put on record my appreciation for the work of all of those involved in this effort, and in particular Richard Moriarty, CEO of the CAA. His team, and my officials at the Department for Transport, have done an extraordinary job so far. I am also grateful for the support o others, including the Mayor of Manchester, who has acknowledged the Government’s repatriation efforts and their work with other agencies to help get those affected home. This has been an unprecedented response to an unprecedented situation, and I am grateful to all parties who have stepped in to support these efforts. I commend this Statement to the House”.
(1 year ago)Lords Chamber
I thank all noble Lords who have taken part in this wide-ranging debate. I am heartened by the amount of support that this project still has across the Chamber. I recognise that I will never be able to make my noble friend Lord Framlingham happy on this one. I will work on the noble Baroness, Lady Jones, and might get there in the end—we are going to keep trying, because it is a very important project.
The noble Baroness, Lady Kramer, made some particularly important points about these large critical infrastructure projects and the difficulties this country faces in the way that we are set up and do our budgeting, scheduling and timetabling. Certainly, over the longer term some changes will probably happen in those areas. It is the same in rail as in roads, as mentioned by the noble Lord, Lord Birt, who spoke about roads being vital. As Roads Minister I completely agree with him. The Government are committing vast sums of money to improvements in both roads and rail, which are absolutely essential. The next RIS2 will have £25.3 billion to spend. On rail, we are spending £48 billion in the next control period, which is significantly more than we have spent on our railways for a very long time.
I agree with the noble Lord, Lord Adonis, that this has pretty much always been about capacity—it just happens to be called High Speed 2. If I could have one wish in my life, it would be to change the name of this project. Calling it High Speed 2 has caused so many problems. It is a high-speed railway, I completely get that, but it is about capacity. Although it might be possible to slow down the railway, as the noble Baroness, Lady Young of Old Scone, suggested, that would cut capacity. However, that is one of things that the Oakervee review will look at.
The noble Lord, Lord Rosser, stated that this project was transformative and mentioned many other times when Members both in the other place and in this House, from the Government and beyond, talked about its transformative nature. It is very difficult to disagree, but “transformative” can mean many different things. We must be absolutely clear—this is what Oakervee will do—that the benefits and costs are appropriate for this project. That is the reason for the review.