Midlands Rail Hub

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 15th November 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I will happily write to my noble friend with all the details of our recent investments and, in due course, we will set out our investments for the future.

[Lord Rosser (Lab)]

I hope the Minister will send a copy of that letter to me as well. Thank you.

Can the Government update the House on the timescale for improvements to the Wolverhampton to Shrewsbury line, including electrification, which a Transport Minister in the Commons gave a commitment nearly eight months ago to look at “as soon as possible.” If, for this Government, “as soon as possible” is apparently not within the next eight months, within what timescale is it?

[Baroness Vere of Norbiton (Con)]

As the noble Lord knows, there are a number of planned investments across the country, and it is right that the Government take time to review them to ensure that they meet the needs of the post-pandemic travelling public. That is why we will be reviewing the RNEP. There will be a timeline for publication after the Autumn Statement.

Swing Bridges

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 15th November 2022 Lords Chamber

[Lord Rosser (Lab)]

There are other bodies potentially involved with swing bridges, apart from local authorities. One is the Canal & River Trust. Its current grant agreement with the Government is fixed until 2027 and is now declining significantly in real terms as a result of rising inflation, putting a considerable strain on the trust’s finances. In the light of this, how exactly do the Government think that the long-term resilience of our waterways can be sustained and their decline averted—a decline that will have an adverse impact on the trust’s ability to cover a wide range of risks, statutory obligations and legal liabilities, including the specific issue referred to in the question from the noble Lord, Lord Palmer of Childs Hill?

[Baroness Vere of Norbiton (Con)]

I am not aware that the Canal & River Trust has an interest in the Faversham swing bridge, but I would be very happy to hear from it about its work and the funding it receives.

Jet Zero Strategy

Debate between Lord Rosser and Baroness Vere of Norbiton

Monday 14th November 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I do not have the specifics on the exact investment in ATI, but I can tell the noble Lord that, in total, it is £685 million for aerospace R&D. He mentioned working in partnership with industry; that is what is so important and what underlies the jet zero strategy. It is not just the Department for Transport having a think all on its own. We are working with industry and academia, and we have done a consultation that drew 1,500 responses. We will look at the technology; some of it is nascent and some is more developed than that.

[Lord Rosser (Lab)]

For the aviation industry to become net zero, passengers need to be able to access airports through active or public transport. What recent steps have the Government taken to support the building of new rail, bus and cycle links to UK regional airports in particular, and what form has that support taken?

[Baroness Vere of Norbiton (Con)]

As the noble Lord will know, connectivity to regional airports would be the responsibility of the local transport authority, but the Government have invested significantly in active travel and, in addition, in buses. When it comes to rail, I have just come out of a meeting with Manchester Airport, for example, and it is looking in great detail as to how rail services going to and from Manchester Airport will be able to support its development in the future.

Drivers’ Hours, Tachographs, International Road Haulage and Licensing of Operators (Amendment) Regulations 2022

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 8th November 2022 Lords Chamber

[Lord Rosser (Lab)]

I, too, thank the Minister for her explanation of the purpose and content of these regulations, and for her kind words, as well as those of my noble friend Lord Berkeley, in the previous debate.

We are not opposed to the SI, since the regulations are based on existing requirements made under the trade and co-operation agreement. My noble friend Lord Berkeley has spoken to his amendment to the Motion, which is in line with views expressed by the Secondary Legislation Scrutiny Committee to the effect that:

“The industry has expressed concerns about the cost and availability of the ‘smart tachograph 2’ which is currently in short supply”.


If the Government are opposing my noble friend’s Motion, I assume that in response they will provide evidence of the availability and cost of the new tachograph equipment, what steps they are taking to ensure the required availability of the new tachographs and why they believe that the concerns expressed by my noble friend and the industry will not materialise.

The Explanatory Memorandum reminds us that

“There were availability and timing issues with the implementation of the smart tachograph 1 in June 2019”,


so this is not a new or unexpected issue. The Government’s Explanatory Memorandum states that they came up with a pragmatic solution then, and that:

“If there are difficulties on this occasion, the Department would again work with the Driver and Vehicle Standards Agency and industry to come up with similar pragmatic solutions.”


Would not the best solution, having had prior warning at least three years ago, be to make sure in the intervening period that there would be no similar availability issues? Who makes the new smart tachograph 2, and where? Is it the same organisation that made the smart tachograph 1?

The Explanatory Memorandum also says:

“If there is a supply issue it would be apparent at European level not just in the UK and action at the EU level might be taken.”


That is interesting. The Government went for a hard Brexit to be able to make their own decisions, unencumbered by having to have regard to what the EU thought, wanted or was doing.

The regulations implement parts of the EU-UK Trade and Cooperation Agreement in relation to international road transport provisions in the TCA, including international haulage access to the UK, drivers’ hours rules and the requirement for specific new tachograph equipment—the smart tachograph 2 —in goods vehicles and coaches on international journeys. Some smaller vehicles over 2.5 tonnes, and used on international journeys, are brought into the scope of the drivers’ hours and tachograph rules from July 2026.

On the issue of cost, the Explanatory Memorandum states that

“industry sources have raised concerns about the cost of installing a tachograph for the first time into smaller vehicles by 2026 and the lack of knowledge by some smaller operators of this new requirement.”

The Government’s Explanatory Memorandum is, frankly, a bit dismissive of the concerns about availability and cost, stating that they would not affect the content of this instrument that we are discussing, and that the concerns will be discussed with industry. If that is the case, I hope that it will not be in the same way as the Government clearly have not already.

The new tachograph equipment records a vehicle’s position, including when it crosses borders and when it is loading or unloading. It also allows for the down-loading of data without stopping a vehicle. What will be the cost of this new tachograph equipment? To pursue other points made by my noble friend Lord Berkeley, have the Government assessed what impact these new costs will have on the industry? The impact assessment states:

“There is no, or no significant, impact on business”.


On the basis of what figures and other evidence did the Government reach this conclusion?

One final point that I would like to make relates to what was said when this instrument was debated in the Commons Committee a week ago. We raised the issue of driver welfare. In response, the Minister in the Commons said that it was right to focus on the issue. Continuing, he said that

“the Government have now topped up to £52 million the investment that we have been making in the industry to support better facilities for drivers”.—[Official Report, Commons, Third Delegated Legislation Committee, 1/11/22; col. 6.]

That tends to be the Government’s stock response across the board to any query about inadequate facilities or services—that is, we have spent, or are spending, X millions of pounds. Could I therefore please have a breakdown in writing of exactly what improvements, in what facilities and where, that £52 million is meant to deliver; the extent to which it will or will not actually deliver those intended improvements; and the total amount of money that would need to be invested by the Government to bring the level of all facilities for drivers up to the standard which, presumably, it is intended the £52 million will deliver in the locations in which it is being spent, and for the purposes for which it is being spent?

[Baroness Vere of Norbiton (Con)]

I am grateful to all noble Lords who took part in this relatively short debate. I will try to answer as many questions as possible, and will certainly write. I am also grateful to the noble Lord, Lord Berkeley, for tabling his amendment; it gives noble Lords the opportunity to delve a little further into some of the issues that these regulations raise.

The trade and co-operation agreement commits the UK to the requirement that small goods vehicles weighing more than 2.5 tonnes used commercially for hire or reward for international journeys need to comply with the EU drivers’ hours rules. I stress that “international journeys” is one of the important factors here, because it means that the requirement does not apply to the vast majority of commercial vehicles, which operate only domestically. The number of smaller goods vehicles operating internationally is very small, and even for HGVs, it is not particularly large; most movement across the short straits, for example, is done by EU hauliers. However, some vehicles will need to comply with the EU drivers’ hours rules and to install and use a smart 2 tachograph from July 2026.

This gives the industry, particularly small vehicles weighing more than 2.5 tonnes, four years to prepare for this transition. It will have known about it for some time and will have four years to think about how the cost can be borne over that period. Regardless of this statutory instrument, UK operators of the vehicles concerned must install a smart 2 tachograph by 2026 if they are to operate legally in the EU. If they fail to do this, they will be subject to roadside stops, fines and other enforcement when abroad. The statutory instrument enables UK enforcement authorities to check and enforce against relative non-UK light goods vehicles—I suspect there will probably be more coming across than there are UK vehicles going abroad.

Noble Lords will remember that we have already discussed in your Lordships’ House the issue for vehicles of more than 2.5 tonnes. It is important that we continue with this. For example, larger vans sometimes come from Poland, Romania and Bulgaria, and they often have sleeping compartments in them. It is therefore very important that UK enforcement authorities are able to check drivers’ hours records contained in those tachographs.

The number of small vehicles that this is likely to cover is very small. There are 554 operator licences in place, but of these licences a total of 1,701 vehicles are authorised for international operation. That is out of a total of nearly 2 million in the UK, so we are talking about 0.09% of small vans, et cetera.

Obviously, the matters under discussion today were already obligations under the trade and co-operation agreement. This is very much a tidying-up exercise to make sure that our legislation is clear for enforcement. We have engaged with industry over a long period, particularly after the TCA was agreed, and therefore it well understands the changes that are coming down the track.

A number of noble Lords asked about awareness campaigns. We are working with the industry constantly on such matters. The traffic commissioner often sends out regulatory updates which advise those with operator licences about these sorts of changes that are coming down the track, and of course we publicise these on GOV.UK.

On impacts and costs, I believe these tachographs are likely to cost around £1,200 each—that is for buying and installation. As I mentioned, that can probably be borne over a number of years, and it is needed only for those vehicles that are travelling internationally.

The noble Baroness, Lady Randerson, and the noble Lord, Lord Berkeley, asked about enforcement. Of course, the DVSA has long been enforcing these matters. It is difficult to separate matters that are raised in this SI from the DVSA’s day-to-day enforcement activities because it is always enforcing against drivers’ hours infringements, whether for UK hauliers or EU hauliers, as well as all other infringements. I will include in my letter to the noble Lord some interesting stats around the amount of enforcement that the DVSA does; I have been incredibly impressed by the work that it does.

The noble Baroness, Lady Randerson, and the noble Lord, Lord Berkeley, both raised cabotage. Your Lordships will recall that, when the Government relaxed the cabotage rules, we had a number of debates in which noble Lords tried to convince me that it was a terrible idea. Eventually, I agreed with them and thought that we should stop doing extended cabotage, because the impact on UK hauliers was quite significant—but only in very localised places, particularly around the short straits. Relaxing cabotage did its thing when we were at the height of the challenges around not having enough HGV drivers, but I believe that we are now right to make sure that regulations in the UK mirror those of the EU, particularly regarding truckers arriving without a load and then going on to do cabotage. That should not be allowed: it is not allowed for UK hauliers and it should not be allowed for EU hauliers.

P&O Ferries

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 29th March 2022 Lords Chamber

[Lord Rosser (Lab)]

A week ago, I asked the Government what had happened to the two commitments given on 25 June 2020 to

“consider other options in regard to these operations”—

that is, low-cost employment models on some ferry routes—and to

“consider whether further changes are required when the Equality Act regulations are reviewed towards the end of this year”,—[Official Report, 25/6/20; col. 431.]

that is, the end of 2020, in relation to nationality-based differential pay in the maritime sector, the only sector where this operates. Last week the Government conceded that the review had not been completed. In other words, the Government have known about the issues over differential pay levels, which are at the heart of this dispute, and have done nothing about them over the past year and three-quarters. As a result, we now have this unacceptable crisis situation with P&O Ferries and DP World: 800 people are losing their jobs and P&O Ferries is taking unacceptable profit-maximising or loss-reduction action that was wholly predictable, as the Government have known for at least one and three-quarter years. Why have the Government failed to act over that period?

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, the Government share the outrage expressed by the noble Lord at the behaviour of DP World and P&O Ferries. When they are developed and ready, which I expect to be shortly, we will update the House on a package of measures to ensure that P&O Ferries cannot see through its plans. We will address the immediate challenges faced by those affected and include measures to strengthen legal protections, including coverage of the national minimum wage.

Payments to Train Operating Companies

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 15th March 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

In the broader scope of things, Great British Railways will be developing the whole industry strategic plan; the call for evidence for that has now closed. We are also asking each train operating company to produce annual business plans, which will streamline the passenger offer, make sure demand is actually met and in balance with the supply, remove duplication, as I said, and ensure that operations are as efficient as possible.

[Lord Rosser (Lab)]

It is clear that government demand in savings running into many millions of pounds will result in cuts in Network Rail’s maintenance budget. We have already seen what a casual approach to Network Rail and the use of outside contractors can lead to in the light of previous accidents at Ladbroke Grove and Potters Bar, and a recent report into the train crash at Stonehaven in 2020 found that a drainage system wrongly built by Carillion, which subsequently went bust, and left unchecked by Network Rail led to the crash. The Rail Accident Investigation Bureau said that the tragedy was

“a reminder how potentially dangerous Britain’s volatile weather can be.”

How did the Government come to the conclusion that now is an appropriate time to make major cuts in maintenance roles on our railways, and will they now reconsider their decision in the interests of safety, which should be the paramount consideration, rather than financial considerations?

[Baroness Vere of Norbiton (Con)]

Safety is, of course, the priority for everybody who works in the railways, and the tragedy at Stonehaven is deeply regrettable. The Government have no intention of diminishing the work we do on safety and maintenance—it is extremely important—but we must look for efficiencies within the system, because we have seen this significant reduction in demand, we must make sure that we protect the taxpayers’ investment, and that is what we are doing.

Electric Vehicles: Charging Points

Debate between Lord Rosser and Baroness Vere of Norbiton

Monday 14th March 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

Sadly there are not enough. I understand that there are some available in the car park for another place. As I have said previously, it is not for the Government to install charging points in the Palace of Westminster, although I encourage the authorities to do so.

[Lord Rosser (Lab)]

My Lords, about a third of households have no access to off-street parking or a personal garage and miss out on lower costs from charging cars using cheaper overnight electricity. While 76% of the richest households have access to off-street parking, the same is true for only just over half of the poorest fifth of households. Put another way, only 51% of private renters, 38% of housing association tenants, and 26% of local authority renters, have access to off-street parking, compared with 81% of homeowners. What do the Government intend to do, and by when, to address this charging divide which works against the less well off, and to reduce the disparity in prices across the charging network? We have heard a glowing picture from the Government just now about what is happening. They say that they have spent a lot of money. It seems to have been a lot of money that has created a charging divide, and from what the Minister has said, it is largely the fault of local authorities. I think that it is the fault of the Government.

[Baroness Vere of Norbiton (Con)]

My Lords, the Government have already taken action—

[Lord Rosser (Lab)]

What is it?

[Baroness Vere of Norbiton (Con)]

One moment; the EV home-charge scheme, which the noble Lord will know was previously focused on single-unit owner-occupied households, is now being closed to those households and is focusing entirely on those people who are in rented or leasehold accommodation, specifically without their own designated parking. We are switching that very important source of funding to ensure that those who do not have the luxury of off-street parking and home ownership can get a charger.

Bus Improvement Plans

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 8th March 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I absolutely agree with my noble friend, and there is an awful lot that we will work together on with the local authorities, versus what they have in their BSIPs, to encourage those who do have concessionary passes to come back to bus, because we miss them terribly. Regarding concessionary payments, we published concessionary travel recovery guidance—late last year, I think, but definitely pre-omicron—that looked at how we are going to get concessionary fares matched up to passholders. At the moment, there is a discrepancy because we are paying concessionary amounts out in full. We are looking at that again to make sure it takes omicron into account, but I agree with my noble friend that concessionary passholders are welcome back to bus any day.

[Lord Rosser (Lab)]

Last week I asked for confirmation that

“none of the emergency support or recovery grants for buses has been taken out of the £3 billion for buses and bus services by 2025 announced under the Bus Back Better strategy, and that all the emergency support and recovery grants are in addition to that £3 billion”.

The reply was:

“The Government have committed to spend £3 billion over the course of this Parliament, so I suggest to the noble Lord that, when we get to the end of this Parliament, we do a totting up.”—[Official Report, 1/3/22; col. 681.]


For the benefit of the less academically gifted, like me, did that answer mean that all the emergency support and recovery grants are or are not in addition to the £3 billion under the Bus Back Better strategy—or is that a question to which the Secretary of State also has no idea of the answer?

[Baroness Vere of Norbiton (Con)]

My Lords, we committed to £3 billion of new spend over the course of this Parliament, and that is what we will deliver. In addition, the noble Lord will recall that my noble friend Lord McLoughlin asked a question about other parts of funding within the system. There will be a letter in the Library, which I will also share with noble Lords who have spoken in today’s debate, setting out exactly all the different funding streams available for buses. They are significant. Some are very long standing, some came from Covid and others will be part of the funding from BSIPs and CRSTSs, et cetera.

Bus Services: Covid-19 Emergency Funding

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 1st March 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My noble friend is quite right. It is extraordinary how many different streams of funding go into the whole bus network system. This can be to the operators directly, or to local authorities—some of which comes from the Department for Transport and some from the Department for Levelling Up, Housing and Communities. I will respond to my noble friend with a letter which draws this all together. It is a substantial sum of money. Combined with some of the money we are putting into the infrastructure of major urban centres—for example, CRSTS—there is a lot of money going into buses, and we need to ensure that we make the best use of it.

[Lord Rosser (Lab)]

Will the Minister confirm that none of the emergency support or recovery grants for buses has been taken out of the £3 billion for buses and bus services by 2025 announced under the Bus Back Better strategy, and that all the emergency support and recovery grants are in addition to that £3 billion?

[Baroness Vere of Norbiton (Con)]

The Government have committed to spend £3 billion over the course of this Parliament, so I suggest to the noble Lord that, when we get to the end of this Parliament, we do a totting up.

Railway Stations: Facilities

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 1st February 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

Unfortunately, I do not have the figures to hand. As the noble Baroness points out, 60% of stations currently have tactile paving and we are very keen to move that to 100%. One of the key elements of The Williams-Shapps Plan for Rail is a national accessibility audit that will look at every single station across the network. It will have a detailed look at the facilities and the standards to ensure that everywhere is accessible.

[Lord Rosser (Lab)]

There is huge regional disparity in disability access at railway stations across the country. As part of the new stations fund, a small number of railway stations have opened in recent years. Can the Government give a commitment that at least all new stations, opened or reopened, will always have full disability access and full access to all facilities for disabled passengers?

[Baroness Vere of Norbiton (Con)]

I am grateful to the noble Lord for raising that. Although I would love to make that commitment at the Dispatch Box, as it is completely reasonable, I will have to write to him so that I can 100% confirm that that is the case. It is also important that we look at retrofitting the stations that we have. The Government have extended to 2024 the Access For All programme and provided £350 million-worth of funding.

Electric Vehicle Charge Points

Debate between Lord Rosser and Baroness Vere of Norbiton

Wednesday 26th January 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

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

[Lord Rosser (Lab)]

The Competition and Markets Authority reported last July and urged the Government to intervene in the electric car charger market to prevent what it described as “charging deserts” and increase availability in locations outside London that remain underserved. As I understand it, across the UK there are huge regional inequalities in the number of available charging points. In London, there are 80 charging devices per 100,000 people, but in Yorkshire, for example, there are fewer than 20 per 100,000. What steps are the Government taking to support new charging points in areas that are currently lacking? If the answer is “not very much”, it just shows that the Government’s levelling-up slogan is just that—a slogan—and no more.

[Baroness Vere of Norbiton (Con)]

The Government encourage every local authority to look at its local needs. We have a fund of £20 million per year to which 135 local authorities have already applied. That fund is there to put chargers in local areas where there are fewer publicly available chargers and there will be a local EV infrastructure fund launching soon.

Transport Act 2000 (Air Traffic Services Licence Modification Appeals) (Prescribed Aerodromes) Regulations 2022

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 25th January 2022 Grand Committee

[Lord Rosser (Lab)]

I start by saying that I will probably end up making the shortest speech so far—I hasten to add that that is in no way a criticism of any speeches made, but simply a statement of fact. Like others, I thank the Minister for her explanation of the content and purpose of these regulations. Although I have in front of me a statement on the background and what the regulations do, I will not wade through it; the Minister and others have already outlined that.

I raise one issue only, but say before that that I await with great interest the answers to the questions raised by the noble Baronesses, Lady Foster of Oxton and Lady Randerson, the noble Lord, Lord Davies of Gower, and my noble friend Lord Berkeley. I refer to the statement by Robert Courts MP, which is in the EM:

“The intention of this measure is to ensure that airports which receive an approach control service from the licence holder through its licence are able to appeal decisions relating to modification of licence conditions”.


The EM goes on to say that:

“The number of expected licence modifications over a 20-year period is expected to be between 8 and 16 modifications for major modifications such as price controls, and between 6 and 18 modifications for minor modifications such as procedural changes.”


Like others, I am not sure what workload or otherwise that would generate, so some clarification would be helpful.

I ask that in the context of paragraph 12.4 of the EM, which has already been referred to. It says that:

“In allowing prescribed aerodromes to appeal decisions there is the potential that a greater number of appeals will be launched. However, during the consultation phrase, no aerodromes requested appeal rights, which suggests they may be unlikely to appeal modifications to licence conditions.”


Bearing in mind that the more major modifications may relate to price controls, are there any criteria for changing those price controls? If it is confidently expected that there will be no appeals, presumably, when the changes are made, if they are, they will be relatively limited as far as the prescribed aerodromes are concerned. The Minister has already mentioned which aerodromes those are.

I therefore seek further information about modifications to price controls, the criteria for making them, how frequently they are made—it appears to be fairly infrequent—and whether they have ever proved controversial before in relation to prescribed aerodromes. That is the only point I wish to raise. The subject matter covered by the SI seems straightforward and desirable, but I await the answers to the other issues that were raised with interest.

[Baroness Vere of Norbiton (Con)]

I am grateful to noble Lords for their contributions today. It has turned into a general debate on air stuff, so noble Lords will not be surprised that I came here with 49 pages of briefing to answer detailed questions on the SI and am therefore unable to answer issues that have been raised that, frankly, are not even close to the scope of what is before noble Lords today.

Noble Lords mentioned EGNOS to me recently. I have confirmed with the office of the Aviation Minister that he is happy to meet with you. All noble Lords with an interest may pop along to that meeting and I hope to get there as well.

My noble friend Lady Foster asked about unmanned aircraft. I am sure she would have appreciated being in the House for the Air Traffic Management and Unmanned Aircraft Bill. We had lots of fun. It took a long time, but we talked a lot about drones and the role of the CAA. I remain reassured that the CAA has a grip on the situation. In that Bill, we gave the police extra powers to ensure that drones are appropriately enforced, where needed. I will try to get a response for my noble friend Lord Davies of Gower about American licences.

I turn to the contents of this SI. The noble Baroness, Lady Randerson, will recall the challenges of getting the Air Traffic Management and Unmanned Aircraft Bill through, which is where these powers very much came from. But it was not necessarily the case that there was a great big gap between that and some of the failures that happened before. There were just two failures, which were obviously both very carefully investigated by the CAA, working very closely with NATS to establish exactly what happened. That work took quite a long time, and we know that, on 25 February last year, for example, following an investigation under the Transport Act 2000, the CAA published its final decision confirming that NERL had contributed some of its statutory and licence duties and obligations in the period January 2019 into 2020 in relation to the provision of sufficient staffing resilience in the London approach service for users of Stansted and Luton airports. In making its findings, the CAA took account of the very difficult circumstances faced by the aviation sector and the significant reduction of air traffic volumes following the Covid-19 pandemic. It strikes me that, prior to those powers being available, the CAA has historically had a firm grip on NATS and its activities, and continues to get very involved wherever there may be failings.

What is under discussion today is actually a very small and narrow element of the world of licences and the provision of air traffic management services. The CAA, as is stated in the Explanatory Memorandum, rarely updates the licence—but it does, and when it does, as I set out in my opening speech, it does it by consultation with everybody who is likely to be affected. Therefore, it is not a surprise to us, and I believe should not be a surprise to the industry either, that we expect appeals to be relatively rare, because an enormous amount of consultation will go on beforehand. We know that people will be able to put forward their views—and I believe that we discussed this during the passage of the ATMUA Bill, now the ATMUA Act, as to the appeals process, how likely the appeals were likely to be, and whether there were resources at the CMA. We went through all those things, and I believe that, when the Bill was passed, we had reached a pretty good assessment about how we felt the appeals process was going to be.

We know that no airports have actually asked for these powers, but the Government have, out of an abundance of caution, given them the ability to appeal, just in case they need to. The reality is that it is only going to be about a modification that is about a change of price, because essentially everything else is not really related to the airports. The airlines and owners of the aircraft have far more beef with it. For the airports, it is really about the hand-off between up there and down here, and the charge for that hand-off that they might want to challenge, but they have never given us any indication that they would do so. The chances of getting an SI passed if they wanted to do so in future is, quite frankly, probably not huge.

That is why we are doing this—just in case they want to. We are not expecting them to do so, and they have given us no indication that they will. But we said that we would do it in the Bill; we felt that it was the fair thing to do, and that is why we are here today. The figures that we put in the EM explain that there may be a 10% increase in the number of appeals. We feel that that may be high, but we have to put something in there. In general, that is why the impact assessment is de minimis, because from this SI there will be almost no impact at all. I have some figures for costs somewhere, and I might put it in a letter afterwards, but our estimated costs are very small.

To that end, we do not see that this SI will cause the CAA to have any resource implications at all. As we know, modifications are fairly infrequent and we expect appeals to be rare. Appeals for this particular thing are possibly like hens’ teeth. I very much hope that it does not have a full-time member of staff on it. However, I will write with information on the number of people who look after NERL licensing. That is a very good challenge and I will find out exactly how big that group is.

I note that the noble Lord, Lord Rosser, made a very short speech; I thank him for being here because I know that he has had an incredibly busy day in the Chamber as well. However, the points he raised about whether there is likely to be an appeal and what has to happen in order for that change to happen have been covered.

I have run out of things to say from the questions that I was asked. As ever, I will look through Hansard and write if necessary.

Train Driving Licences and Certificates (Amendment) Regulations 2022

Debate between Lord Rosser and Baroness Vere of Norbiton

Monday 24th January 2022 Lords Chamber

[Lord Rosser (Lab)]

My Lords, I will try to be brief otherwise the Minister will not have a chance to respond. I thank her for her introductory comments and my noble friend Lord Berkeley for his amendment. In line with what the noble Baroness, Lady Randerson, said, I too appreciated the Library briefing. Before I go any further, can I express the sincere hope that the noble Baroness, Lady Vere, will not be following the latest ministerial fashion and departing the Chamber earlier than anticipated.

The EU stopped recognising British-issued train driving licences on 1 January 2021, and European-issued train driving licences will no longer be valid in Great Britain after the end of this month apart from within the Channel Tunnel zone once the regulations are in force. The Government have stated in the Explanatory Memorandum that operators have already obtained European train driving licences

“for their drivers to ensure they are able to continue driving their trains”

through the Channel Tunnel because of how late these regulations have been brought before us. What has been the cost to train operators of having to obtain those European train driving licences for their drivers? Do their European train driving licences enable British drivers to drive throughout the EU, and for how long are these licences now valid?

The Government have confirmed that a cross-border driver holding a European train driving licence would also need to hold a British train driving licence to drive beyond the Channel Tunnel zone—for example, up to St Pancras International station. Drivers who are driving trains in Great Britain using an EU-issued train driving licence will need to apply for a British train driving licence from the ORR before the end of this month, and current holders will be considered as new applicants. Why will current holders be considered as new applicants?

I come back finally to the questions that virtually everybody else has asked. I think I noticed the Minister say that under EU provisions it would not have been possible for us to agree with France to be able to drive a train to Paris. I think she was saying that it had to be confined to the Channel Tunnel zone area. If I have misunderstood that, I am sure I will be corrected. Can the Government confirm that under the common European regime we had for certifying and licensing train drivers, British drivers could drive a Eurostar passenger train to Paris or Brussels, and indeed into Germany, and a French or Belgian driver drive a Eurostar train to St Pancras? The bilateral agreement with France would appear to apply only to the Channel Tunnel zone. Does that mean that British train drivers will not be able to drive a Eurostar passenger train or a freight train from Calais to Paris or Brussels or beyond and a French or Belgian driver drive a train to St Pancras? The answer may be, as others have suggested, that another licence is needed to do that. No doubt that is what the Minister will say in reply if that is the case. I can say only that, if that is correct, this would hardly appear to represent progress, bearing in mind what we previously had.

[Baroness Vere of Norbiton (Con)]

I thank all noble Lords who have taken part in this short debate and the noble Lord, Lord Berkeley, for enabling us to discuss it in slightly more detail than perhaps we might have done otherwise. I hope that the noble Lord, Lord Rosser, was sincere in not wishing me to depart. If he was not, it is not going to be his lucky day.

[Lord Rosser (Lab)]

I was sincere.

[Baroness Vere of Norbiton (Con)]

I turn first to the issues raised by the noble Lord, Lord Berkeley. I can see where he is coming from. Noble Lords will recall from when we discussed operator licensing that there is this Channel Tunnel zone, the bit that France was allowed to reach an agreement with the UK over. It is the same for train driving licences as it was for other elements that we have discussed in the past.

The noble Lord, Lord Berkeley, asked why we cannot go further. We have been very clear on this. The European Commission knows exactly what its rights are, and they are quite extensive. It has said that France cannot negotiate with the UK to go further. Indeed, the European Commission did not convey any interest in including train driving licences in the trade and co-operation agreement. In any event, if mutual agreement had been sought at this level, it would likely have been conditional on dynamic alignment of train driving licensing regulations and possibly a continuing role for the Court of Justice of the European Union. That would have broken the UK’s red lines during negotiation.

All is not lost, however, and it is potentially a little more positive than some noble Lords fear. There will not be one train and two drivers; it is more the case that there will be one driver and two licences. Drivers for many of the operators already have both the European and GB licences. For the Channel Tunnel zone, they can also have the certificate of competence, or whatever the certification is called. They just need a single one of those, but if you are driving beyond that you need the relevant certificate covering the rolling stock and the infrastructure of whichever routes you are driving on; that is normal.

This does not seem to have held back the people who run the trains. I have some stats that I will not read out, but it strikes me that drivers for all the major operators have stepped up and got an additional licence where needed. Train driving licences issued by the ORR are free; there is no cost to the applicant, so it does not really matter if they are new applicants. It should also be noted that the existing training has not changed since we left the EU, so somebody trained in the EU has received the right training to get a GB licence.

We expect there to be a system in which people will simply have two licences. We do not see a future in which there would be a single licence. Do I think it will be a massive hurdle to the future of a fantastic vision for international rail travel? No, I do not. I am just pleased that the noble Lord, Lord Liddle, no longer has his companion pass, sucking up taxpayers’ funds in first class going to Europe—but I am sure he enjoyed it. I think all noble Lords will agree that travelling by train in Europe is a pleasurable experience, but one often has to change trains because the trains do not automatically go to where you are going—so you need another driver to get another train to go to a different place. Of course, we want the trains to be as good as possible. That is why Eurostar goes to Amsterdam, and obviously we continue to have Eurostar services into London and through to Paris.

I do not know that there is really much more I can say. The system, operators and drivers have managed to cope, the trains are still running and we expect them to run in future. There will be no legislative hiatus, as the noble Baroness, Lady Randerson, feared. On the timeline of the regulations, the Government have been negotiating a number of elements with the French Government—the train driving licence element, the operator licensing element and the safety issues—and we did not get the train driver licensing element signed until 22 December because it had to be cleared by the European Commission. Together with the technical and complicated nature of these negotiations, this meant that January was the earliest these regulations could be debated. As I said, the agreement has been signed and therefore there should be no hiatus at all.

The noble Lord, Lord Rosser, asked me a couple of curveballs about how long a licence is valid for, and I do not know that answer, but I shall of course write, as I shall on other issues that I have not been able to cover.

I come briefly to the issue that the noble Baroness, Lady Randerson, raised about HGV drivers working in the EU. She is right to pay tribute to the House of Lords Library. I read that in the Library briefing and thought, “Oh, I didn’t realise that.” It is true. The current requirements for obtaining drivers’ certificates of professional competence in the EU and the UK are the same. However, the EU has decided not to recognise the UK qualifications post Brexit for use by drivers based in the EU working for companies established in the EU. Of course, it will recognise a UK driver working in Europe, from a cabotage perspective—all those things remain the same—but the EU has taken a slightly different tack. Clearly, we think that we have taken the better tack, but who are we to argue?

As noble Lords will know, we are looking at the driver certificate of professional competence to see how well it works for the UK. I am not convinced that stating that you must have 35 hours’ training is useful: training in what? Beekeeping? We need to make sure that HGV drivers are studying what is useful from a continuing professional development perspective. So that is the situation for a DCPC in the EU.

Operators can register in the EU and get an EU operator licence; otherwise, if they have a UK operator licence, they are restricted by the cabotage arrangements that we have in place. That has not changed. I am not aware of any change to UK HGV testing that has had an impact on C+E drivers in France—that would be for HGV lorries. They are still able to drive in France.

The noble Baroness then went slightly off-piste by mentioning the queues at Dover. I appreciate that she knows she went off-piste, and I know that she was very keen to ask me a Private Notice Question today on it. I will write with more information on that. For the time being, I commend the regulations.

[Lord Rosser (Lab)]

May I just confirm that, after the regulations come into effect, after the end of this month, a British driver driving a Eurostar train from London to Paris and to Brussels will require two licences to make that journey?

[Baroness Vere of Norbiton (Con)]

Correct, but, as I mentioned, the training is the same on both sides and there should be no barrier to the driver getting that second licence.

Global Traffic Scorecard: London

Debate between Lord Rosser and Baroness Vere of Norbiton

Wednesday 5th January 2022 Lords Chamber

[Lord Rosser (Lab)]

Recently, one of the national newspapers—the Daily Mail, I think it was—reported that rail tickets in the UK cost up to seven times the amount as for similar journeys in Europe. If the Government are serious about reducing road traffic and congestion, they will need to make public transport a more appealing alternative. What steps will the Government take to reduce the cost of rail and bus journeys?

[Baroness Vere of Norbiton (Con)]

The Government have, of course, been extraordinarily generous to the rail system. Over the course of Covid, we have been able to keep services running to make sure that people can get from A to B as and when they have needed to. We are now entering a new phase for rail, where we will be looking at introducing the structures around Great British Railways in order to benefit passengers—it is all about putting passengers first. As the noble Lord knows, on buses, we will be allocating £1.2 billion of transformation funding. We hope to do that fairly soon. We would like that to focus on bus priority to speed up services, so that we can break the cycle of decline.

Heavy Commercial Vehicles in Kent (No. 2) (Amendment) (No. 2) Order 2021

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 7th December 2021 Grand Committee

[Lord Rosser (Lab)]

My Lords, I take this opportunity to say how nice it is to see the noble Lord, Lord Bradshaw, back in action again. As usual, he made some interesting and relevant comments, even though he often sought to say that they were not strictly relevant to the order. Indeed, some of my questions are geared to the extent to which we need this order, though we certainly do not oppose it.

I think I have understood the reason why we are here today. I thank the Minister for her explanation. If I have understood it correctly, this order corrects an error in a previous order, since the words in the order we are now discussing between “means all” and “other than” at the top of page 2 were left out from the definition of,

“the relevant class of road.”

That meant that the police did not have the powers to impose a fine of, I think, £300 on drivers who were not using the roads specified in the order. When Operation Brock is in force, the 2019 order restricts cross-channel heavy commercial vehicles from using local roads in Kent, apart from those on the approved Operation Brock routes.

How often have the provisions of the order had to be brought into effect since it was first put in place, because of bad weather and industrial action causing serious delays at the cross-channel ports? I think these were the two specific instances which the Government previously gave to justify the order. I say that bearing in mind that the Operation Brock arrangements—which replaced Operation Stack—are now permanent rather than temporary. If the answer is that the provisions of the order have never, or very rarely, been used, do the Government expect the Operation Brock arrangements to be brought into operation more or less frequently in future? For what reasons might this happen—over and above bad weather and industrial action, to which the Government have previously made reference?

If these arrangements have never been brought into operation, how close have we ever been to that happening? Do the Government think it would ever be necessary to bring the Operation Brock arrangements into effect because of disruption at the ports, following a breakdown in our new trading arrangements with the EU, or could such a breakdown never result in a level of disruption that would reach the threshold for bringing the Operation Brock arrangements into effect?

What is the definition of “serious delays or disruption” at the cross-channel ports that might lead to the Operation Brock arrangements being brought into effect, and who makes the decision on whether the serious delay or disruption threshold has been reached? For example, have the arrangements had to be brought into operation recently because of any blockading of French ports by fishing vessels?

Finally, is there a cost to making the Operation Brock arrangements permanent? If so, what is that cost, including how much per day and per week on each occasion that the Operation Brock arrangements are brought into effect? How much does it cost per day and per week to have the Operation Brock arrangements on standby, ready to be brought into effect as and when required?

I do not think the Minister will be wondering why I am asking these questions, but they are similar to those raised by the noble Lord, Lord Bradshaw. How often, frankly, will these provisions be needed? Are we justified in having them on a permanent basis? I am sure she will respond on that issue.

[Baroness Vere of Norbiton (Con)]

I thank both noble Lords for their contributions to this short debate. I hope to answer as many questions as possible, although I admit that some of the topics are slightly beyond what I had prepared for today. I will write an additional letter. I note that I have already written one which, I believe, covers some of the points raised, but I will read them out from the letter none the less.

I reassure the noble Lord, Lord Bradshaw—I too welcome him back to his place at transport SIs—that traffic with the continent is on a firm footing already. The visa issue he raised will not make any difference at all to the traffic going to and from the continent, but I can tell him that details of the number of temporary work visas granted for HCV drivers in food distribution —that is the narrow band allowed to take up these visas—will be published in the usual way via the Home Office’s quarterly immigration statistics.

In general, the issue here is not necessarily what the business-as-usual traffic in Kent is but whether the scale of disruption happening at the short straits is necessary to protect the people of Kent from extreme congestion as people suddenly decide to rat run through the villages, create havoc and basically stop its economy and social life. That is what we are trying to do with Operation Brock. It is critical to have it on standby so that we can deploy it when needed.

Before I turn to the comments of the noble Lord, Lord Rosser, I might as well mention HCV parking, an incredibly important point that the noble Lord, Lord Bradshaw, raised. The Government are well aware of the issues around drivers’ working conditions. I was in Kent only last Friday, at Ashford International Truckstop, which I had the honour of unveiling a plaque to open. I think it was my second plaque, and I was very pleased with it. It is a very high-quality facility; it has space for 650 vehicles and is located very close to the M20, so will really help people using the short straits. If I can replicate that standard in all the hot spots across the country for HCV parking, I will be happy, but first we have to find where those hot spots are. There is much work to be done; we have a pot of £32.5 million, which we will use to work with the private sector to ensure that our truckers have safe, secure, warm, comfy places to stop.

I turn to the issues raised by the noble Lord, Lord Rosser, who described the minor change to the order very well. It occurred because of circumstances that conspired against us; nevertheless, the system should have made sure that the right SI went to the final place. It did not, and we are reviewing our procedures yet again to make sure that that cannot happen again in future. It is a very minor change.

The usage of Brock is a decision for the Kent Resilience Forum, because it understands its local community best; it understands traffic flows and how disruption would spill over into local communities. The Kent Resilience Forum is made up of all sorts of stakeholders, including the police, the council, National Highways and people who have the interests of Kent at heart and are able to get Brock on to the M20 as quickly as possible to ensure that we coral the HCVs and manage the flow carefully.

Some of what the noble Lord, Lord Rosser, mentioned is already in the letter that I sent on 1 November. There is a lengthy section about costs, which I hope will reassure him. I am happy to answer any further questions he has on that, but the letter sets out the costs to Kent County Council and National Highways of the barrier either being in place or sitting around waiting to be put in the place, in the event of disruption.

Of course, it is for the Kent Resilience Forum to decide what serious disruption looks like and the circumstances in which it might occur. We can probably think of all sorts of cases. We do not know what future weather conditions will be like. Storms in the English Channel may be more frequent; who knows? If I were to stand here three years ago and say that we would need it in the event of a massive global pandemic, you would have laughed at me, so I am not now going to think of a list of situations that would lead to serious disruption. It suffices to say that this decision is not taken lightly; it is resource-intensive and creates disruption. Nobody wants a queue of truckers on the M20, but it is necessary to protect the people of Kent. That is the balance that needs to be struck in the deployment of Brock.

We deployed the QMB at the start of 2021, when we were not sure what the arrangements at the French border would be and whether they would cause delays. It was stood down in April and then deployed again in July. Noble Lords will recall that there was some uncertainty back then as to what would happen at the French border over testing and how long it would take people to get through at the French side. Certainly our numbers were not looking great, even for very small levels of traffic going to France. It was deployed on a precautionary basis for a further two weeks in July, but was subsequently removed when the disruption was not as significant as we thought it would be.

I will write with any further insights I have on that but, in the meantime, I commend these regulations to the Committee.

Electric Vehicles (Smart Charge Points) Regulations 2021

Debate between Lord Rosser and Baroness Vere of Norbiton

Monday 6th December 2021 Lords Chamber

[Lord Rosser (Lab)]

We had a discussion on interoperability when we debated these regulations last Tuesday in Grand Committee. There were questions asked; the Government were asked to say in their response whether the wording in the Explanatory Memorandum—to which my noble friend Lord Berkeley has referred—in paragraph 7.6 constitutes in reality a requirement for all charging points to be interoperable. I expressed the personal view that it did not, but I asked for clarification on that point.

Later in the Explanatory Memorandum, the Government say that they have

“chosen not to mandate device-level requirements”

relating to demand-side response interoperability

“at this time … because the smart charging market remains nascent, and because delivering interoperability would require broader powers than those set out in”

the Automated and Electric Vehicle Act 2018. That comment was despite the fact that the Explanatory Memorandum states:

“The ability of consumers to freely switch energy supplier is a fundamental principle in the energy market”,


which makes it rather surprising that we seem to have this delay over interoperability.

The Government, in the Explanatory Memorandum, also went to say that they

“intend instead to consider how best to deliver interoperability as part of a second phase of legislation, by looking at placing wider requirements on the entities … which could deliver DSR through charge points. Government aims to consult on this second phase of policy measures in 2022.”

I suggested that that was a somewhat vague timescale that contained no target date for actually legislating. I asked the Government whether they could be more specific in their response. The noble Baroness the Minister was good enough to say—which I appreciated—that she could not give specific answers to these questions when we were debating this last Tuesday and that she would write to answer all questions that had been asked. Irrespective of what the Minister intends to say in response now, I hope that we shall still be getting that written reply to questions that were not responded to last Tuesday.

[Baroness Vere of Norbiton (Con)]

My Lords, I thank all noble Lords who have taken part in this short debate, including the noble Lord, Lord Berkeley, for the opportunity to outline the Government’s position on interoperability. I reassure the noble Lord, Lord Rosser, that the letter is coming his way; it will pick up all the points raised in in that debate and any raised from today’s debate—of course, today, I am focusing on interoperability, but I note comments made by other noble Lords on wider EV infrastructure. They will be aware that the EV infrastructure strategy will be published soon, which will set out the vision and action plan for charging infrastructure rollout, but I am aware that some more specific comments have been made.

There are many different types and forms of EV charge point interoperability, relating to both public and private charge points. Some forms of interoperability are already delivered by the market. For example, most private charge points sold in Great Britain are compatible with all EVs. Work is also under way within government to consider whether further action on interoperability is needed to deliver the best outcomes for consumers.

I turn first to private charge points. These regulations will embed further interoperability by mandating electricity supplier interoperability in law for the first time. This new requirement will ensure that consumers will retain the smart functionality of their charge point. The Government also considered including requirements for charge point operator interoperability in the regulations. This would have required all charge points to be compatible with any operator, but the Government’s view is that this type of interoperability would not be appropriate for such a nascent market. It would not materially affect the consumer experience and would be an unnecessary burden on the industry. Therefore, we are not bringing forward such requirements.

Further work is under way to consider other types of interoperability in the smart energy system, including for private EV charge points. This could include requirements to allow consumers to switch the provider of specific smart charging services. That is another type of interoperability, very similar to that enjoyed, for example, by smartphone users, who can change their mobile network provider without needing to purchase a new device. Crucially, consumers would be able to seek out new deals or better services, but that would not detriment the industry’s ability to innovate and develop new products and services. These are the sorts of things that the Secretary of State for Business aims to consult on in 2022. I have no more specific date today, but, as I said, I will write to the noble Lord, Lord Rosser.

Turning to public charge points, in 2017 we mandated that rapid charge points must have CCS connectors to ensure interoperable charging. There are now only two EV models available to buy in the UK with CHAdeMO sockets, and one of those providers has indicated that future models will provide CCS—96% of rapid chargers come with both connectors.

In addition, in February 2021 we consulted on proposals to ensure that UK charging networks offer seamless consumer experience, and considered a range of different types of interoperability. This includes proposals on payment interoperability, which would mandate a minimum payment method, such as contactless, and explores whether we should intervene to ensure interoperable payment apps. The government response to that consultation on public charge points will be published shortly, with regulations being laid next year.

EV charge point interoperability is a critical policy area for this Government. As I hope to have portrayed today, there is not just one type of interoperability; there are several, some of which the Government are very willing to get involved in; others we will leave to the market. We are committed in our smart charging government response to explore those forms of interoperability, and then we will lay regulations.

Drivers’ Hours and Tachographs (Temporary Exceptions) (No. 4) Regulations 2021

Debate between Lord Rosser and Baroness Vere of Norbiton

Monday 6th December 2021 Lords Chamber

[Lord Rosser (Lab)]

The noble Baroness made reference to the driver hours relaxation and gave some figures, for which I thank her very much. Is not the real explanation of why those figures are low that, in the consultation, the proposition was opposed by the Road Haulage Association as well as Unite the Union? Clearly they were not going to queue up to use it, because they did not agree with it anyway.

I notice as well that the noble Baroness said that the cabotage extension is limited, so that is two of the 28 items down here where the Minister herself has admitted that they have had a fairly limited impact. I suggest that it is not the Government’s 28 items—or indeed 32, if that is what it is now. The biggest one so far as far as road haulage drivers are concerned has been the increase in pay that has happened. I do not think that this featured too highly in the 28 courses of action to which the Government referred.

Finally, what is the significant proportion of drivers stopped in roadside checks who are breaching the drivers’ hours legislation? I gather that it is not the 27% that was quoted in one survey, so what is the figure? Why was it that the Secondary Legislation Scrutiny Committee repeatedly asked the Department for Transport to provide evidence that would allay its concerns but the responses indicated that the department does not have information either way. Why did not the department provide any information then?

[Baroness Vere of Norbiton (Con)]

I could possibly give an entirely new speech on this but I would probably not be popular if I did—my Whip agrees with me.

The RHA wanted something entirely different—we know that. It always wanted us to open the floodgates and allow EU drivers to come in. Indeed, I am looking at the noble Lord and trying to remember whether any good ideas have come from the Benches opposite as to how we solve the HGV crisis. I believe Keir Starmer wanted to open the doors to 100,000 EU drivers—that was the Labour way of solving this crisis. We have taken a very different stance. As the noble Lord will know, no EU drivers are willing to come flooding in anyway, as I have said many times. We have set out a range of short, medium and long-term actions. Some are very substantial; for example, we removed the HGV levy. That saves hauliers lots of money, and from that money they can pay their staff more. We have also frozen VED. As I have said right from the outset, there is not one thing that will fix this; it is a whole succession of things. Some are short, medium and long term, some are big and others are little; that is why we have 32 actions. I am proud of those 32 actions and I believe that they are fixing the crisis.

Isles of Scilly: Ships

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 23rd November 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

Yes, the Government are keen to uphold the highest environmental standards. This is one of the attractive things about this bid. We will be funding the building of three vessels and harbour improvements. Part of the harbour improvements will involve improving the electricity supply, which will allow hybrid and electric vessels to use the harbour very effectively. Funding this bid aligns with the Government’s decarbonisation strategy and the Clean Maritime Plan.

[Lord Rosser (Lab)]

The Minister has referred to the bid. Will the new vessels under that bid mean that fewer crossings will be cancelled due to bad weather? Will they result in more crossings made, and throughout the whole year?

[Baroness Vere of Norbiton (Con)]

I certainly hope that both those things will be true. As the noble Lord will know, there is at the moment a very ageing vessel that chugs back and forth. It is very dirty, it keeps breaking down, the cost of maintenance is very high and it has to be taken out of service for maintenance to take place. It is also the case that, to fund that maintenance, passenger fares go up and demand therefore goes down. There is so much about this bid that is very attractive. We would hope that, out of all of this, we will see better services to the Isles of Scilly.

Rail Infrastructure: North of England

Debate between Lord Rosser and Baroness Vere of Norbiton

Thursday 18th November 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

Bradford—ah, when the noble Baroness has been able to read the documents that are about to be published, she will see in there that we will be electrifying the route from Bradford to Leeds. The journey time will be hugely more reliable—it will take 12 minutes.

[Lord Rosser (Lab)]

The economy of the West Midlands, and Birmingham in particular, has been boosted by the construction and pending completion of the fast new rail service that is HS2. Despite what the Minister has been seeking to say, it appears that Leeds and the local West Yorkshire economy will now be denied the estimated full £54 billion of economic benefits of their HS2 link. Leeds, for example, will be a less attractive venue than it would have been for new and expanding businesses without its promised high-speed rail links. Northern Powerhouse Rail delivered in full was also set to deliver £22 billion for northern economies, including Bradford, by 2060, according to a report by Mott MacDonald. What is the Government’s estimate of the loss of projected economic benefits to Leeds and the West Yorkshire economy of the decision to backtrack on previous promises on the HS2 high-speed rail link to Leeds and on full delivery of Northern Powerhouse Rail? What is the loss of those economic benefits that were projected?

[Baroness Vere of Norbiton (Con)]

As the noble Lord will see when he gets to read the documents that are being published today, a huge number of projects are being brought together, and so many of those are around Leeds. It is the case that the core part of Northern Powerhouse Rail will be constructed, and that will provide those fast links through to Manchester. It is the case that there will be significant upgrades to the east coast main line and, of course, there will be electrification of the Midlands main line. Combining that with the construction of a mass transit system, I think, somehow, that Leeds is going to be all right.

Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2021

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 9th November 2021 Grand Committee

[Lord Rosser (Lab)]

My Lords, most of my comments will be directed towards the (Amendment) (No.2) regulations and to the report of the Secondary Legislation Scrutiny Committee, which homed in particular on that order.

Under these regulations, the obligation is removed for some car drivers towing a trailer to have to take the additional test. As the Minister said, that is to free up capacity and enable more test appointments to be fitted in each month for heavy goods vehicle licences in a bid to address the current shortage of HGV drivers. No doubt the Minister in her response may wish to comment on the extent to which that shortage has been eased or the extent to which it continues.

The regulations also remove the requirement in relation to the staged access route to licence acquisition for heavy goods vehicle and bus licences, which will also free up driving examiner time and shorten the amount of time that it takes for a driver to become qualified to drive the largest heavy goods vehicles.

I understand that the category B towing test will not be abolished, because it is still needed by anyone wishing to drive a trailer in the EU. The regulations simply remove the obligation to take the test before towing in the UK, and will be reviewed after three years and then every five years after that, which frankly suggests that the Department for Transport see these changes to all intents and purposes as being permanent, rather than being a short-term measure to address the current heavy goods vehicle driver shortage—unless, of course, the Department for Transport envisages that shortage going on for years and years.

The Secondary Legislation Scrutiny Committee has drawn the attention of the House to the regulations, not least in respect of the potential safety implications. There are, apparently, about 1,000 collision injury accidents or incidents involving trailers each year. It is not clear whether the Government do or do not expect that figure to be affected by the removal of the towing test. Frankly, at the moment, I do not think the Government even have a view, since the Department for Transport has indicated that a risk assessment on road safety will form part of the impact assessment, which is fine, apart from the fact that the impact assessment will not be cleared for publication until the end of this month at the earliest. I note what the Minister said at the beginning, and that the regulations were intended to come into effect this coming Monday.

The Secondary Legislation Scrutiny Committee said:

“We view this as poor practice.”


It is right. Once again, the Department for Transport has been slow to react, caught out by a driver shortage that it did not address in time, despite it being in large measure of the Government’s own making, thanks to their own particular brand of hard Brexit. The committee commented:

“It is part of the purpose of an IA”—


an impact assessment—

“to provide information on what options, including non-legislative options, were considered and why they were not adopted. Because the IA has not been made available to the House alongside the instrument, we are unclear about why possible alternatives were rejected … From the date this instrument comes into effect, any car driver will be able to tow a trailer but DfT has provided no estimate of the additional numbers that that might attract or the likelihood of incidents that might follow.”

However, the department asserts:

“There is not currently any statistical evidence to suggest that competence and skills will worsen if drivers do not take a statutory test to tow a trailer … it is therefore difficult to identify how much the car trailer test … has made a difference since it was introduced in 1997 or that there is a causal link between road safety and the test.”


I do not know for how many years that has been the Department for Transport’s view—perhaps the Minister could respond to that point in the Government’s reply—but if the Government do not know whether there are any safety benefits to the statutory test to tow a trailer, and have not taken any steps over the past 11 years to find out, that does not appear to say much for their much-vaunted campaign to reduce bureaucracy and unnecessary red tape.

Safety was, however, a concern of a significant percentage of those responding to the consultation on the amendment to the regulations: a third of the 8,750-odd respondents expressed safety concerns. As I understand it—I am sure that I will be corrected if I am wrong—the DVSA advises that anyone intending to drive a car with a trailer for the first time should still first take training from a driving instructor. What steps are being taken to publicise this advice?

Moving on, is it not the reality that the Government hope that people affected by these regulations will, either individually or through their firms, still undertake the aspects of the required training that these regulations will remove? This was indicated frankly in the Minister’s response to the chair of the Secondary Legislation Scrutiny Committee, in which there was a reference to the Driver and Vehicle Standards Agency

“exploring industry-led accredited training that could offer a standardised non-statutory testing approach. The DVSA has received strong support for an accreditation training scheme which is also generating considerable interest from companies who tow as part of their business and we are progressing discussions urgently.”

That letter also stated:

“We know through DVSA’s stakeholder engagement, that there is a strong indication from professional business users that they will continue to undergo Category B+E training to ensure staff are safe and competent and that their corporate responsibilities are fulfilled.”


This certainly indicates that, as far as professional businesses are concerned, they regard the B+E training as necessary to ensure that staff are safe and competent. The Secondary Legislation Scrutiny Committee concluded:

“The Department failed to provide any indication of the instrument’s wider effects when the instrument was laid and, in response to our follow-up questions, DfT was unable to explain what effect the removal of the BE licence will have on road safety.”


I conclude by simply asking whether the Government will in their response comment on the recommendations of the Secondary Legislation Scrutiny Committee in its report on the Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 2021. The first was,

“We recommend that the DfT should review the current complex arrangements for what car and van drivers are permitted to tow and, if needed, replace them with a simpler licensing system. That decision should be based on evidence rather than the current experimental approach”.


Secondly, it said that the department should

“provide an annual Written Statement setting out towing accident figures as a reassurance that it will be in a position to undertake remedial action swiftly if a problem emerges”

and, thirdly, that the Minister should provide “more specific details about” the “wider safety implications” of the instrument, since the House

“has insufficient information to enable proper assessment of the policy”.

[Baroness Vere of Norbiton (Con)]

I thank all noble Lords for their contributions today and for enabling this debate to go ahead in the circumstances. I am very grateful, and I have appreciated the input of all noble Lords. I have listened to their concerns and suggestions very carefully, and I will write, as there is a bit of extra detail that I will give.

Returning to the overall driver shortage, the Government have been aware of it since 2010, but the issue is that it so is multifaceted that it is very difficult to pin down. We estimate the size of the acute shortage to be around 39,000, but there are numbers out there of 70,000 and 100,000, so what is not being delivered if those drivers are not available? I have asked the sector many times. The reality is that the lack of those drivers is about sector resilience and ensuring that people who are in the sector are not feeling that their shifts are too long, or whatever. We believe that the acute shortage is around 39,000. I am not going play EU bingo with the various shortages in the other countries. Suffice it to say that there are shortages in other countries, and they are something we are all dealing with.

To briefly pick up on the point made by the noble Baroness, Lady Randerson, about visas, I will check that, because we do not do late parliamentary questions. I think it is because it might have gone to Defra, and that will be the reason—not that it does late parliamentary questions, but there is the transfer, if you know what I mean.

There is an international shortage. We sort of know the size of the shortage, but I would love firmer data on it. It is incredibly difficult to assess a precise number in this fast-moving environment. It has got better. One of the things that I have been following very closely is the number of people asking for application forms from the DVLA to apply for an HGV provisional licence, which has gone up massively, as has the number of licences and provisional licences going out of the other end. Now we have to get those people into the training system and then into the testing system. Having sorted out DVLA and testing, I am now turning my attention to the bit in the middle, which is obviously a private sector affair, but we will be working with it so that it increases its capacity as much as possible.

I am so sorry to hear about my noble friend’s issue with his driving licence. I have some good news: my daughter passed her driving test a couple of days ago, and she received her licence like that. I am happy to take up any concerns noble Lords have about their treatment by the DVLA, but I am pleased to say that on HGV licences it is back to normal processing times. That also applies to buses.

On the road safety aspect of this, it is incredibly complicated and we are working at pace. I appreciate that we do not have an impact assessment that noble Lords can point to, so I will do what I can to assuage noble Lords’ concerns.

Again, there is a significant challenge with data here. People will often come up with anecdotes about how they saw a trailer doing X, Y, Z—I have seen cars and buses doing all sorts of dreadful things—but actual data is one of our big challenges. As the noble Lord, Lord Rosser, pointed out, in STATS19, 865 incidents involved a car or vehicle with a trailer, which is 0.45% of the total incidents in the entire year. That is a very small amount, but it does not matter; it still has to be considered.

Railways: East Coast Main Line

Debate between Lord Rosser and Baroness Vere of Norbiton

Wednesday 3rd November 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My Lords, we are currently in the fairly early stages of the very complex discussions around the consultation. The noble Lord is quite right: when you ask the British public a question and for their feedback, they rightly give it. We have had over 10,000 responses to the consultation. While the feedback was balanced, views were polarised, and I am afraid that it is impossible to keep absolutely everybody happy. The discussions continue—as I said, they are on a weekly basis—and proposals will be coming to Ministers in due course.

[Lord Rosser (Lab)]

There appears to be a conflict here between increasing services from Scotland and the north-east to London and the potentially adverse impact this would have on trans-Pennine services from Newcastle to Manchester and Liverpool due to track capacity constraints in the north-east. Why have the Government failed to address these issues—which do not spring up overnight—over the last 11 years, particularly bearing in mind that they now also impact on Northern Powerhouse Rail, about which the Government to date have said so much and done so little?

[Baroness Vere of Norbiton (Con)]

The Government have invested £4 billion in the east coast main line and are planning to invest a further £1.2 billion in issues such as capacity at Stevenage, the King’s Cross track remodelling and the Werrington grade separation works. These upgrades will deliver better journey times, reliability and capacity improvements.

HGV Drivers

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 26th October 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I am not sure we will necessarily follow the French example, but I accept that we need to improve the quality and quantity of facilities for our drivers and the availability of lorry parking for rest breaks. Obviously, I am working very closely with the owners and operators of the 114 motorway service areas we have. Of course, there are countless other providers of facilities that are away from the strategic road network. I agree that we need to improve them and perhaps there might be something more about that in the spending review.

[Lord Rosser (Lab)]

No one should object to heavy goods vehicle drivers being paid a lot more for the valuable work they do, but now we read that some local authorities are facing shortages of drivers of refuse collection vehicles and gritters because they are leaving for newly substantially higher-paid driving jobs for supermarket chains, among others. Since this is a direct spin-off from the Government’s own hard Brexit, will the Government commit to reimbursing cash-strapped local authorities for the cost of paying drivers of refuse collection vehicles and gritters more to retain their services and ensure the maintenance of these vital public services this winter?

[Baroness Vere of Norbiton (Con)]

As the noble Lord knows, there is a shortage of lorry drivers across Europe so we would not necessarily have been able to rely on cheap EU labour in the current situation. I accept there will be a transition from where we were previously to where we are now. Some people will move jobs and I accept that the key to that is to increase training for HGV drivers. We are providing the tests and working with the training sector to provide training so that people can come through and drive our garbage disposal trucks and gritters.

Insulate Britain

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 26th October 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

It certainly has nothing at all to do with COP 26. Obviously, certain matters are operational matters for the police, but the noble Baroness is right: we all know of good protests. Getting a million people out on the streets on a Saturday afternoon where the police have been told in advance, where there is a good level of public support and where you do not destroy any statues is a good protest. Insulate Britain members are not good protesters.

[Lord Rosser (Lab)]

Climate change is the major challenge of our time, and winning public support for the cause is critical. Blocking roads and antagonising people is not going to achieve that objective.

This week, the London Mayor, Sadiq Khan, has significantly extended London’s ultra-low emission zone. The Evening Standard yesterday said that it backed Sadiq Khan in

“taking steps to clean up our city’s toxic air and cut our carbon emissions in the process.”

Do the Government also back Sadiq Khan on this, regarding it too as an effective example of how the ballot box can prove to be an effective way for people to respond to the climate crisis?

[Baroness Vere of Norbiton (Con)]

As the noble Lord will know, we probably have a much closer relationship with the Mayor of London than we would ordinarily have at the moment. Although transport is devolved in London, owing to a substantial hole in TfL’s finances we have to provide it with quite significant funding every now and again. Indeed, the last deal we agreed with the mayor included that there would be no change to the extension of ULEZ.

Heavy Commercial Vehicles in Kent (No. 1) (Amendment) Order 2021

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 19th October 2021 Grand Committee

[Lord Rosser (Lab)]

Again, I too thank the Minister for her explanation of the purpose and content of the orders we are discussing.

The Department for Transport has said that Operation Brock was originally created to deal with disruption caused by our exit from the European Union and then in response to the Covid-19 pandemic. As I understand it, Operation Brock creates, among other measures, a contraflow road layout on the M20 and the setting up of concrete barriers so that lorries heading for mainland Europe can queue on the coast-bound carriageway if there are disruptions or delays at Dover or the Channel Tunnel. Any decision to put out or remove the concrete barriers involves the Government.

The Government now want to remove the sunset clauses from Operation Brock on the basis of the argument that this will mean the Kent Resilience Forum will be better prepared to respond to any type of traffic disruption in the area not related to our EU exit, including industrial action and severe weather. I do not know whether the industrial action reference is to possible action by heavy goods vehicle drivers, who have sought unsuccessfully to get a better deal following the Prime Minister’s assurance that they should be paid more.

This Government claim to be averse to ratcheting up regulation, yet here we have a regulation that was brought in on a temporary basis to address the chaos of the Prime Minister’s Brexit deal and his inadequate response to the Covid-19 pandemic—as set out in the recent joint report from two Commons Select Committees, both chaired by two of his own MPs—now being made permanent, despite the fact that the Government have removed most Covid restrictions and tell us that the PM’s Brexit deal has only upsides and no significant downsides. Can the Government explain why, if disruption at Dover and the Channel Tunnel from industrial action and severe weather is such a threat that these temporary orders must now be made permanent, it was not considered necessary to bring them in in the nine years from 2010 to 2019?

The striking thing about the two Explanatory Memoranda is that they offer no evidence or explanation why making these orders permanent is necessary or what the consequences, based on past experience, would be if the sunset clauses were applied to Operation Brock. In essence, the Explanatory Memoranda—and thus the Government—are saying that these powers would be nice to have in perpetuity, even though we have no clue how frequently and for how long they would be needed, even based on past experience. In the absence of any proper case being made, this appears to be an example of a government desire to have powers for the sake of it.

The other possible explanation for making these powers permanent is that the Government know that the Prime Minister’s Brexit deal has significant downsides and are expecting significant disruption or delays at Dover and the Channel Tunnel if relationships with the EU in general, and the French in particular, deteriorate still further. In that situation, the Government would attribute the need to make these orders permanent primarily to delays for some other reason—such as industrial action or severe weather—rather than admit that the Prime Minister’s brand of hard Brexit is not all sweetness and light for Britain. The Explanatory Memoranda slip in a reference in paragraph 8 to

“delays from customs checks at the international borders in Kent”,

which may refer to the continuing problems associated with the Prime Minister’s Brexit deal.

I ask the following questions, to which I would like a full government response, either today or subsequently. As far as I can see, although I may be wrong, none of these questions is addressed in the Explanatory Memorandum. First, what happened before Operation Brock when there were delays at Dover and the Channel Tunnel unrelated to our EU exit or Covid? Once again, if those delays were so bad that the Operation Brock powers now need to be made permanent, why did the Government allow that position to continue for nine years from 2010?

Secondly, on how many occasions since 2010 has disruption caused by severe weather been such that Operation Brock would actually have been brought into operation, and for how long, had the now proposed permanent powers been available?

Thirdly, on how many occasions since 2010 has disruption caused by industrial action been such that Operation Brock would actually have been brought into operation, and for how long, had the now-proposed permanent powers been available?

Fourthly—as the noble Baroness, Lady Randerson, asked—on how many separate occasions since the present regulations first came into effect has Operation Brock been brought into operation in full, for what reason, and for how long on each occasion? As has been said, we have not had an evaluation of the effectiveness or otherwise of Operation Brock to date, yet these powers are being made permanent.

Fifthly, what is the cost of building and removing on each occasion the Operation Brock contraflow barriers on the M20? Have there been any occasions when the barriers have been put up and then removed without being used?

Sixthly, how many additional traffic officers have already been required in connection with Operation Brock and it being brought into effect, and how many will be required if the sunset clauses are removed and the order becomes permanent?

My seventh question relates to the Explanatory Memoranda, which refer to a national consultation between 26 May and 20 June this year, and say that key affected stakeholders in Kent were

“made aware of the consultation when it launched”,

whatever that phrase means in practice. We are then told, as has already been pointed out, that the consultation received 14 responses, which the Government admit was “low”, but that it included “members of the public”. Has any other national consultation received just 14 responses? Were the views of local residents actively sought? In some quarters, Operation Brock has proved controversial, with complaints from some local residents affected about disruption caused during work to install the required infrastructure.

I hope that the Government in their response will, not only today but subsequently, provide answers to the questions that I and others have raised, but also provide a rather better argued case than is contained in the Explanatory Memoranda as to why this order must now become permanent, contrary to what we had been told would be the case up to now. Clearly, something of some significance must have happened or come to light, which could not have been known or appreciated before, to justify the Government’s change of mind over bringing into effect the sunset clauses. We are entitled to be told exactly what that something is and the detailed case for the Government’s U-turn over the sunset clauses. I await the Government’s response.

[Baroness Vere of Norbiton (Con)]

My Lords, I thank all noble Lords for their considered contributions today. I hope to put their minds at rest—but also I shall write, because I do not quite have all the answers to the questions. That always annoys me a bit, but I shall do my best.

Briefly, I would like to take noble Lords back, although I am afraid that my memory is a bit dodgy, to what is probably just over 10 years ago, when I remember spending many hours with my children in a hot car in Kent trying to get across the short straits. It was dire. I sat on a local road in Kent for hours. I think it was due to industrial action—it was a sunny day, so it probably was not bad weather. But we know that, when there is disruption at the short straits, Kent stops. What we are trying to put in place today is something to help the people of Kent. I shall endeavour to set out the rationale behind that and how the interventions that we have put in place to deal with a potential no-deal exit and Covid turned out to be good things—progress, so to speak. That progress should be grasped on this occasion, and not left to rot.

Looking at where we are, the whole point of these regulations is to put in place a permanent framework around a temporary traffic management solution. My noble friend Lord Naseby asked whether it had been successful. I would say that the proof of that is in the pudding. It has been successful; we have not had great big tailbacks in Kent. We also know that it is more effective than the previous intervention, Operation Stack, which really did not go down very well with the local community.

The whole point of Operation Brock is that it allows HCV drivers to be stationed on the M20 and stops them rat-running through local roads and blocking them, as happened on my very unfortunate journey many years ago. It will only ever be used in the event of significant disruption at the short-strait crossings. The noble Lord, Lord Rosser, read an awful lot into that, which I am afraid is simply not there. All sorts of things could cause disruption at the short straits. The whole point of what we are trying to do today is that, if there is any disruption, the county of Kent does not come to a standstill, because that is not good for people trying to cross the short straits and certainly not good for the people of Kent.

Transport: Hydrogen

Debate between Lord Rosser and Baroness Vere of Norbiton

Monday 13th September 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

Actually, the focus at the moment is on making sure we have the right data and information from R&D to further develop and commercialise large-scale hydrogen refuelling systems. I mentioned previously the £23 million Hydrogen for Transport programme, which is looking at refuelling infrastructure alongside the vehicles themselves. We also have the zero-emission road freight trials, which are trialling hydrogen among a group of vehicles—it is not only about the infrastructure but about making sure that the range is appropriate for the vehicle in which it is going to be used.

[Lord Rosser (Lab)]

The Minister has made reference to rail and funding. Trains powered by hydrogen are already in traffic in Germany, and successful trials have been undertaken in at least four other mainland European countries. What are the Government’s objectives, and what are the timescales for that funding for the development and introduction of hydrogen trains in the UK?

HGV Driver Shortages

Debate between Lord Rosser and Baroness Vere of Norbiton

Monday 13th September 2021 Lords Chamber

[Lord Rosser (Lab)]

I thank the Minister for repeating the Statement. The Government have known for months and months that driver shortage issues would be exacerbated by the terms of the Brexit deal and their handling of Covid. Government Ministers are just now telling the industry to increase pay and improve conditions to recruit and retain more drivers, a much-needed step. However, how will that, or shortening the test process, or changing safety-driven driving regulations now address the immediate threat of worsening and widespread supply chain shortages this autumn? Or are the Government still sticking to what appears to have been their stance until now—which would explain the lack of timely government action—that the industry has been crying wolf over the impact of driver shortages this autumn?

[Baroness Vere of Norbiton (Con)]

My Lords, there is so much to respond to in that question. I am sure the noble Lord knows it is the case that this issue has been around for a very long time. I was talking to a colleague in the other place only recently and he said that one of the first things he did when he was elected in 2010 was go to an RHA reception at which they complained about the driver shortage. So the reality is that this has been a long time in coming. We absolutely will work with the industry to put in place all the things that they need to do.

The other thing to recall is that there are hundreds of thousands of qualified HGV drivers in this country who do not currently work in the sector. The industry must focus on getting those people back. By doing so, we have to focus on improving pay—there is anecdotal evidence that is coming through—and terms and conditions: my goodness, how simple is it to provide a clean loo, a vending machine and a comfy place to wait? Distribution centres need to absolutely step up and make sure that HGV drivers have at least those very simple things to make their day slightly easier.

There are lots of things that can be done. I do not take the point that the Government have been slacking. We have done an enormous amount and will continue to work with the industry to make sure that we keep goods flowing.

Railways: Bridge Strikes

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 7th September 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I am not wholly sure where the noble Lord got the figure of £23 million a year, but I would point out that costs are not necessarily met by the taxpayer; it depends on the circumstances. If liability rests with a vehicle driver, the costs will be recovered through insurance, and Network Rail has been successful in recovering large amounts for both infrastructure repair and compensation in the past.

[Lord Rosser (Lab)]

The Road Haulage Association promotes the use of specialised lorry satellite navigation devices, which give bridge heights. Do the Government plan to take any steps to help promote their use more widely, or even make it a requirement that they be fitted and used in a similar way to tachographs? If they do not do so already, could such devices not also be adapted to give a warning to drivers approaching bridges that are lower than the height of their truck and trailer?

[Baroness Vere of Norbiton (Con)]

I agree with the noble Lord that technology will provide at least some of the answers to the problems we currently face. As he will know, Network Rail often installs special technology on some of the more bashed bridges that measures the height of the approaching vehicle and then flashes up “Turn Back” signs. Of course, we are very happy to work with the freight associations—and indeed we do—on ensuring that HGV drivers are fully aware of the technology available to them both in their cab and on the roads.

International Travel Rules

Debate between Lord Rosser and Baroness Vere of Norbiton

Thursday 22nd July 2021 Lords Chamber

[Lord Rosser (Lab) [V]]

My Lords, it is not possible to travel to France without the need for quarantine and all the costs and upheaval that involves, as France, following a sudden decision, is now in a separate subcategory of amber-list countries. As one Conservative MP put it when this UQ was discussed in the Commons,

“public confidence in going abroad is now in a ditch”.—[Official Report, Commons, 19/7/21; col. 679.]

Another Conservative MP said,

“the further restrictions for France stretch both the credibility of the system and the patience of the travel industry. The whole industry … continues to watch as its reserves are dried up”.—[Official Report, Commons, 19/7/21; col. 685.]

The travel industry was promised a rescue deal, which has never materialised. When do the Government intend to give this important industry the support that it needs, as we have called for, and as the shadow Secretary of State demanded again in the Commons on Monday, to which there was no response from the Minister?

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, the noble Lord, Lord Rosser, talks about the decision that we had to make on France, which of course was not made lightly. We have in place a good traffic-light system which enables us to categorise countries according to risk and, therefore, travel can happen accordingly. However, we have also reduced requirements for people who have had double vaccinations in order to travel to amber countries. That is of great benefit to the travel companies and I am sure that they will take advantage of that opportunity.

Railways: East Coast Main Line

Debate between Lord Rosser and Baroness Vere of Norbiton

Thursday 15th July 2021 Lords Chamber

[Baroness Vere of Norbiton (Con) [V]]

The Government have already invested, and are investing, billions of pounds in the railway system, including in the north-east. The noble Baroness mentioned once again the changes to the services in Berwick, and I will not dwell on that because I believe I have covered it, but I will say that there always difficult decisions to make. For example, Edinburgh gets more services out of this, which improves union connectivity. Edinburgh will have additional, faster trains to London. There will be a four-hour journey time. That will be highly competitive versus taking an aircraft.

[Lord Rosser (Lab) [V]]

As part of these proposed timetable changes, which LNER says

“involve a series of trade-offs,”

services on the TransPennine Express between Newcastle and Manchester will be reduced from twice an hour to once an hour, and an increase in the frequency of services between Teesside, Sunderland and Newcastle will be postponed. Given that Northern Powerhouse Rail has still not been confirmed, is this not further evidence that the Government are backing off from increasing direct interconnectivity of northern cities? Is it not unfortunate that, in the trade-offs, local and regional services would lose out to increase services to London and the south-east?

[Baroness Vere of Norbiton (Con) [V]]

I am not entirely sure that the evidence supports the noble Lord’s last comment, but I accept that there are difficult trade-offs. Railway capacity is not expandable immediately, so one always has to work with the capacity available. We have spent £4 billion on upgrading the infrastructure and the rolling stock. We must make sure that we use that capacity to best effect. As I have already said, there would be a significant increase in revenues from these proposals.

Lorry Drivers

Debate between Lord Rosser and Baroness Vere of Norbiton

Wednesday 7th July 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I agree that they have been some of the heroes during the pandemic, and ensure that I frequently tell them so. I think they have done a fantastic job, but it is time for the industry to step up just a little more. On 1 August last year, we suspended the HGV levy. This has saved the industry hundreds of millions of pounds. For each truck, it costs about £900 a year, so if you are a haulier with 3,000 trucks, you save £2.5 million. That could train 800 new drivers. I ask the industry to recruit those people and train them.

[Lord Rosser (Lab) [V]]

Finding effective solutions means first identifying the cause. Driver and other staff shortage problems could lead to higher food prices. I get the impression from the Minister’s answers that the Government do not accept any responsibility for the present situation, but may I seek clarification on that? Do the Government think that the staff shortage problems are due to the end of free movement and the way they are now implementing border controls, or due to the effect of repeated Covid lockdowns, or do the Government think they have no responsibility and that the staff shortages are due to low pay and poor terms and conditions of employment, inadequate manpower planning or a failure by the industry to invest in proper training programmes to meet future manpower needs?

[Baroness Vere of Norbiton (Con)]

All of the above; those are the issues we are facing. I have been Roads Minister now for two years, and I had this conversation with the haulage sector two years ago. It was very clear then that foreign labour would not be available to it. It has known that this was coming down the track. The TSC issued a report in 2016, pointing out exactly what the sector needed to do to address the shortage it had then, and yet still not enough has been done. I would accept that the Government stand ready to help. We have listened to the industry and work alongside the it. For example, on HGV testing, I have doubled the number of tests every week from the pre-Covid level. We are doing everything we can, and we need the industry to work in partnership with us.

Historical Railways Estate

Debate between Lord Rosser and Baroness Vere of Norbiton

Monday 5th July 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My noble friend is well aware that the Restoring Your Railway fund is available, and that any proposals put forward are given a fair hearing.

[Lord Rosser (Lab) [V]]

Attempts are being made to progress some of these Highways England demolition and infilling schemes under permitted development powers, which avoid the need for explanation and the challenges and objections that often accompany normal planning processes—including the need to seek permission from local councils. How is a declared policy of reopening former railway lines or encouraging walking and cycling tracks over disused railway lines consistent with Highways England blocking or severing potential routes by demolishing or filling in currently disused railway structures through a back-door process using permitted development powers, which stifles challenges and objections from local communities and organisations?

[Baroness Vere of Norbiton (Con)]

I would like to reassure your Lordships’ House that those structures that are potentially going to be infilled over the next five years—again, I say “potentially”—or be subject to other action, are fewer than 2.6% of all assets. Permitted development orders exist to prevent an emergency from occurring. Therefore, Highways England uses permitted development orders only where there is an emergency situation. I reassure noble Lords that to date Highways England has usually managed to get planning permission for any changes.

International Travel

Debate between Lord Rosser and Baroness Vere of Norbiton

Thursday 1st July 2021 Lords Chamber

[Lord Rosser (Lab) [V]]

Tourism and other transport industries need a clear plan and clarity now over timings for easing restrictions on international travel, and the Government failed to provide that in the Commons on Tuesday. Passenger numbers for UK aviation are down by nearly 90% compared to 2019—far more than in our major European competitors. UK airlines have announced over 30,000 job cuts so far, without taking account of the impact on the wider supply chain. ABTA has said that 44% of its members expect further redundancies as furlough tapers off. The aviation and tourism industries need help now. All the Government do is repeat figures from the general schemes from which they have received support, but the aviation industry—the hardest-hit sector—was promised sector-specific support. When are the Government going to deliver what they promised?

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, the Government are working extremely closely with all parts of the travel sector, and we recognise that it has been a very difficult time for it. Significant support has already been given to the sector, and indeed there has been sector-specific support for airports. We will, of course, continue to work closely with them in the medium term.

North of England: Rapid Mass Transport System

Debate between Lord Rosser and Baroness Vere of Norbiton

Monday 28th June 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I, too, am extremely excited by technology. The noble Baroness said that there has been widespread take-up of maglev technology across Asia, but that is not the case. The high-speed system is up and running in Shanghai at the moment, but China has now decided to invest in conventional rail rather than rolling out a large number of high-speed maglev systems. As I have mentioned many times, the Government are considering connectivity across the north and this will be set out in the integrated rail plan.

[Lord Rosser (Lab) [V]]

Can the Minister confirm in the light of her earlier answers that the Government do not know when the Northern Powerhouse Rail project, first promised by the then Chancellor of the Exchequer in 2014, will be approved, when its route plan will be made clear or when its promised infrastructure work will actually start? Assuming that is so—I think the Minister has been telling us that—can she at least assure us that work on the construction of Northern Powerhouse Rail will take priority over the start of work on the Prime Minister’s latest project: the construction of a new royal yacht?

[Baroness Vere of Norbiton (Con)]

I think that that is a rather extreme assessment of what I have said so far. I reiterate that the integrated rail plan must come first. Without it, it is pointless having a plan for Northern Powerhouse Rail because, of course, the whole point is that everything has to be integrated. As I said previously, we will work with Transport for the North, which will submit the business case for Northern Powerhouse Rail. Once we have received that, we will be able to set out how the project will go forward.

Great British Railway Plans

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 22nd June 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I am grateful to my noble friend for advance notice of this question, because I too had to get my head around how the existing track and the new track all work together. There are three connection stages. The first one will rely on existing track, which will be upgraded, and the second two will be either small sections of existing track or mostly new track. The cost of connection stage 1 is currently £1.288 billion. We do not know the cost of future connection stages at this time, as of course the new track has not yet been fully scoped.

[Lord Rosser (Lab) [V]]

My Lords, assuming that the Northern Powerhouse Rail project, HS3, is not going to be scrapped—some parts of the media have suggested that it will be—will the Minister confirm that HS3 will be part of the integrated railway and Great British Railways, in the same way as other private companies are contracted to run the trains for the service and fares that Great British Railways sets?

[Baroness Vere of Norbiton (Con)]

Goodness—I think we are a little early in the game to be discussing those sorts of arrangements, but I have answered the question about Northern Powerhouse Rail. The integrated rail plan will be published soon.

BA and Ryanair: Customer Refunds

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 15th June 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I point out to the noble Lord that the Government are taking a cautious approach to international travel. We realise that circumstances will change in different countries, at different times. The traffic light system in place works as well as it can, in the circumstances; it looks at case rates, positivity, genomic surveillance and the risk from variants of concern. I also make the noble Lord aware that lifting restrictions domestically does not necessarily mean changes to international travel.

[Lord Rosser (Lab) [V]]

It was not clear from the Minister’s response whether the Government were supportive of the suggestion put forward by the noble Baroness, Lady Randerson, which came from Which?, about payments for fares being held in a trust. Perhaps we could have a direct response to that. On this whole issue of refunds, the rights of the consumer seem to be protected somewhat tardily. I am not clear, but are the Government satisfied with the speed at which consumer rights to refunded fares during lockdown were fully addressed and, where applicable, enforced? Surely all are equal under the law and all are bound by the law, whether a financially strong airline not offering a refund or a financially stretched passenger in need of a refund.

[Baroness Vere of Norbiton (Con)]

As I have said numerous times, consumers are getting their refunds back and this is happening more quickly than it was earlier in the pandemic, as policies and practices have been put in place at the behest of the CAA and the work that it has done with UK airlines. I did not respond to the question raised by the noble Baroness, Lady Randerson, because we are considering it among many other suggestions about how to get our international travel industry back on its feet. The Government also have ongoing work on airline insolvency following the Thomas Cook insolvency in the year before last.

Railway Industry Association Report

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 18th May 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I agree, and I refer the noble Lord to the answer to my noble friend’s question just now. But I also point out that this is not just about electricity and electrification; there is huge potential for hydrogen in the mix. The Government are very clear that we should invest in various new technologies. Indeed, we have now invested up to £3 million on various alternatives to straightforward rail electrification. On hydrogen, for example, we have invested £750,000 in HydroFLEX, the UK’s first hydrogen-powered train. These trains may be particularly useful for freight in the future.

[Lord Rosser (Lab) [V]]

In light of the Government’s commitment to decarbonisation, when will the Great Western main line into Bristol Temple Meads and from Cardiff to Swansea and Didcot to Oxford now be electrified? What will be the additional costs of now doing so at a later date, arising from the earlier decision to defer electrification of these key parts of the Great Western main line?

[Baroness Vere of Norbiton (Con)]

The Great Western electrification programme is now substantially complete. However, I recognise that some parts of the network will still need to be electrified. As with all projects within the rail system, each one is looked at from the bottom up, and analysis is undertaken and development work done. If it meets value for money and is affordable, it will go into the RNEP system and therefore be done in due course.

Rail Disruption: Social and Economic Impacts

Debate between Lord Rosser and Baroness Vere of Norbiton

Thursday 13th May 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My Lords, in general, Hitachi trains have an incredibly good track record. Hitachi built the bullet trains in Japan, which, as noble Lords will know, have an exemplary safety record, and it has a very high engineering pedigree. While it will of course be up to Hitachi’s customers to decide where they make their purchases in the future, I for one believe that that sort of pedigree will not be diminished by these events.

[Lord Rosser (Lab) [V]]

What is the estimated likely total revenue loss following the withdrawal from service for repairs of the Hitachi trains? Who will foot the bill for that loss of revenue? I hope it will be neither the taxpayer nor passengers, and I would be grateful if the Minister could confirm that that is the position.

E-Scooters

Debate between Lord Rosser and Baroness Vere of Norbiton

Thursday 22nd April 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I can certainly guarantee the latter: we will be consulting all sorts of people, when we make the final decision on the trials. As I noted, the trials are in place. I cannot go into the hypothetical of what might happen if the Government might do something in the future. However, at the moment, users of the trials get instructions from the app about their use. There are stickers on the scooters reminding people to stay off the pavements and about the areas where the scooters can be used. Some operators have advanced training modules and incentives for users to complete them.

[Lord Rosser (Lab) [V]]

The Government have provided for a number of e-scooter trials around the country, as the Minister has indicated. What will constitute positive and negative outcomes of an e-scooter pilot exercise?

[Baroness Vere of Norbiton (Con)]

That is a very specific question, to which I probably cannot provide an answer. As the noble Lord knows, when it comes to road safety, there are always benefits and significant risks to be carefully looked at together. As we go through these trials, evidence will come forth, which we will look at and make a decision accordingly.

Transport for London: Financial Settlement

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 2nd March 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

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

[Lord Rosser (Lab) [V]]

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

[Baroness Vere of Norbiton (Con)]

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

Rail Freight: Channel Tunnel

Debate between Lord Rosser and Baroness Vere of Norbiton

Wednesday 24th February 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

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

[Lord Rosser (Lab) [V]]

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

[Baroness Vere of Norbiton (Con)]

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

HS2: Phase 2B

Debate between Lord Rosser and Baroness Vere of Norbiton

Monday 8th February 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

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

[Lord Rosser (Lab) [V]]

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

[Baroness Vere of Norbiton (Con)]

I am not sure precisely what commitment the noble Lord would like me to give, but the Prime Minister recently spoke about

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

Rail Fares: Flexi-season Tickets

Debate between Lord Rosser and Baroness Vere of Norbiton

Thursday 4th February 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

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

[Lord Rosser (Lab) [V]]

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

[Baroness Vere of Norbiton (Con)]

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

UK Logistics Industry

Debate between Lord Rosser and Baroness Vere of Norbiton

Monday 1st February 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

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

[Lord Rosser (Lab) [V]]

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

[Baroness Vere of Norbiton (Con)]

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

Air Traffic Management and Unmanned Aircraft Bill [HL]

Debate between Lord Rosser and Baroness Vere of Norbiton

3rd reading & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords
Thursday 28th January 2021 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

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

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

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

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

[Lord Rosser (Lab) [V]]

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

--- Later in debate ---

[Lord Rosser (Lab) [V]]

I am afraid that I have little alternative but to start again from the beginning, because I do not know at what stage I got cut off, so I hope that noble Lords will forgive me for that.

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

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

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

[Baroness Vere of Norbiton (Con)]

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

Air Traffic Management and Unmanned Aircraft Bill [HL]

Debate between Lord Rosser and Baroness Vere of Norbiton

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Thursday 21st January 2021 Lords Chamber

[Lord Rosser (Lab) [V]]

I will direct my comments to Amendment 14 but will listen carefully to the Minister’s response to all the points made in respect of Amendment 15.

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

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

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

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

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

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

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

[Baroness Vere of Norbiton (Con)]

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

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

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

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

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

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

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

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

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

--- Later in debate ---

[Lord Rosser (Lab) [V]]

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

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

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

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

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

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

[Baroness Vere of Norbiton (Con)]

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

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

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

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

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

Railways: Electrification

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 19th January 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

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

[Lord Rosser (Lab) [V]]

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

[Baroness Vere of Norbiton (Con)]

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

P&O Ferries

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 5th January 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

As I explained to the previous questioner, there are already several—indeed, 19—routes that freight can take across the North Sea, and those will continue. I therefore do not see that the concerns of the noble Baroness have any merit at all. The Government also have government-secured freight capacity; as she mentioned, these ferries are for category 1 goods and will be needed if there are any problems at the short straits.

[Lord Rosser (Lab) [V]]

It is clear from the Minister’s answers that the Government did nothing to try to persuade P&O’s owners in Dubai not to pull the plug on the long-standing Hull-Zeebrugge service. Will the Government take into account P&O’s decision to withdraw this service, and thus not back Britain and its employees at this critical time, when deciding in future whether to award any taxpayer-funded contracts or other financial support to P&O?

[Baroness Vere of Norbiton (Con)]

The Government did not do nothing; they had conversations with P&O, which operates many ferry routes in the UK. It reached its decision based on the factors I have set out. However, when we were at the height of the pandemic for the first time round, the Government supported this route to see whether it could be viable in the long term, funding it to the tune of £1,272,000. Despite this funding, it has become clear that the medium-term viability of this route is simply not there.

Freight Industry: Delays

Debate between Lord Rosser and Baroness Vere of Norbiton

Thursday 17th December 2020 Lords Chamber

[Baroness Vere of Norbiton (Con)]

It is the case that traffic across the short straits is very frequent. There is a large volume of it and when small incidents occur, back-ups can happen. Actually, at this moment we are facing not only post-Covid freight movements but pre-holiday stock building, end of transition period stock building and increased spending on consumer goods. So, while we recognise that these factors will play an important role as we head into January, I believe that, if hauliers and traders are ready, we can minimise any delays.

[Lord Rosser (Lab) [V]]

What is the Government’s estimate of the costs to date to businesses in the UK economy of current delays and congestion at our ports such as Felixstowe, Southampton and London Gateway, which together represent 70% of container freight coming into the UK? What is their estimate of the cost of these delays to businesses and the British economy?

[Baroness Vere of Norbiton (Con)]

I am not aware that the Government have done an assessment of that, because, of course, this is not a UK domestic problem but a global issue that is happening at the moment. What would normally happen is that the peak shipping time would be in October; what has happened this time is that it has extended well beyond October and is basically unprecedented. However, as I said to other noble Lords, we are working very closely with hauliers to improve container collection and working very closely with ports to make sure that there is sufficient capacity. A number of large container ships are changing their port of destination at quite short notice, so therefore there is a huge amount to be done. It is being done by private companies—it is a private sector—but the Government absolutely stand by, ready to help.

Heathrow Airport Expansion

Debate between Lord Rosser and Baroness Vere of Norbiton

Thursday 17th December 2020 Lords Chamber

[Lord Rosser (Lab) [V]]

Any airport expansion must meet stringent tests on air quality, noise pollution and delivering countrywide economic benefits, and must not hamper the UK’s ability to meet our climate change obligations. However, even at present, the way in which passengers reach Heathrow and other airports is often not the most sustainable. According to the Department for Transport’s most recent statistics, just published, 57% of passengers at Heathrow arrived by car or taxi. What steps are the Government taking to support better public transport provision for those travelling to and from Heathrow, to bring down that figure? What is the Government’s current target for a reduction in that figure for those arriving by car or taxi at the airport? What is their target for reducing that figure if capacity at Heathrow is increased through the construction of a third runway?

[Baroness Vere of Norbiton (Con)]

I recall that, back when I was Aviation Minister for about five minutes, traffic management around Heathrow, both now and in the future, was a very important consideration. As the noble Lord knows, investment is being made in public transport in London that will benefit Heathrow, including Crossrail. I believe that Heathrow is considering an access charge for certain vehicles. When I last looked at this, the plans in place seemed feasible and would lead to a reduction in the number of people using cars.

National Bus Strategy

Debate between Lord Rosser and Baroness Vere of Norbiton

Wednesday 16th December 2020 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My Lords, the Government take this issue incredibly seriously. The Government advise people to use public transport if it is safe to do so, which includes being able to wear face coverings, use hand sanitiser and maintain two-metre social distancing.

[Lord Rosser (Lab) [V]]

Bus services are particularly important for people in rural areas who do not have access to other forms of public transport but, in cities, overreliance on buses and underinvestment in other areas can create traffic congestion. In some UK cities, there are currently no alternatives. Leeds, for example, is now the largest city in Europe without a rail-based public transport system, such as trams or a metro. Can the Minister confirm whether the Government have any plans for new, rail-based public transport systems in cities such as Leeds?

[Baroness Vere of Norbiton (Con)]

As the noble Lord will be aware, Leeds and many other cities of its size and nature do have access to a significant amount of funding, first through the transforming cities fund and, secondly, through the £4.2 billion of intra-city funding which will be making its way to the metro combined authorities shortly. It will be for them to consider how to invest that money, but I agree with the noble Lord that it would be good to see Leeds have a greater variety of local transport.

High Speed Rail (West Midlands–Crewe) Bill

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 8th December 2020 Lords Chamber

[Lord Rosser (Lab) [V]]

My Lords, I do not intend to detain the House for long. I congratulate my noble friend Lady Young of Old Scone on achieving a positive result for her amendment on an issue that she has pursued with great tenacity and persuasiveness, not least during the passage of this Bill. I hope that the Government will also feel able to provide the assurances that my noble friend is seeking. It is very helpful that the Government are accepting the amendment in the name of my noble friend, with its requirement for the nominated undertaker to prepare and publish annual reports about the impact of the construction of each phase of High Speed 2 on ancient woodland. Hopefully, this will raise the profile of the actual adverse impact on ancient woodlands of the construction of HS2 and, by doing so, help achieve a better result as far as the protection of, or damage limitation to, such woodlands is concerned than would otherwise be the case.

[Baroness Vere of Norbiton (Con)]

My Lords, there are two amendments in this group, the first in the name of the noble Baroness, Lady Jones, to which I cannot agree, and the second in the name of the noble Baroness, Lady Young of Old Scone, which, if she chooses to move it, I will be pleased to be able to support. Turning to the first amendment, this might at first glance appear to be very similar to the second amendment—indeed, some noble Lords have referred to it as being “soft” or “gentle”. I would like to reassure noble Lords that Amendment 13 is not in any way less good. From my perspective, I would like to highlight the important differences, as did the noble Baroness, Lady Jones of Moulsecoomb. In putting my perspective on them, I hope that noble Lords will agree—and I hope that the noble Baroness, Lady Jones, in particular will agree—that their fears are unfounded, and that Amendment 13 is certainly a very good amendment indeed.

First, Amendment 10 calls for the frequency of reporting to be every six months, whereas Amendment 13 proposes that it be annually. I will explain a bit later why that is appropriate. Secondly, the amendment restricts the reporting required to only those works authorised in this Bill—phase 2a—where we believe, and I hope that the noble Baroness, Lady Young of Old Scone, believes as well, that all HS2 phases could be and should be included in this report.

Thirdly, in the amendment tabled by the noble Baroness, Lady Jones of Moulsecoomb, the report required is narrowed by the definitions of direct and indirect impacts. Again, I will go on to explain how that will be covered in the report that we propose, because we believe that we can go broader than that. Finally, there is a difference with regard to the requirement for a mini-consultation associated with each report.

I do not believe that these differences augment the amendment in the name of the noble Baroness, Lady Jones of Moulsecoomb; rather, they restrict it and place limitations on the value that more reporting on the impacts on ancient woodland could bring. On this basis, and given the knowledge that I am able to support Amendment 13, I hope that the noble Baroness, Lady Jones of Moulsecoomb, will withdraw her amendment.

Turning to Amendment 13, one of the aims of the HS2 project is always to try to reduce its impact on ancient woodland. As has been said before, some impact is inevitable. The environmental statement gives an assessment of the reasonable worst-case scenario. Although impacts on ancient woodland cannot be fully compensated, losses will be addressed through a range of measures, as I have outlined previously.

Through extensive engagement on phase 2a, HS2 Ltd has already found ways to protect some veteran trees which were previously expected to be lost. Furthermore, through the redesign of embankments in the Whitmore Wood area, HS2 Ltd has been able to commit to some reduction in impact on the ancient woodland there. Wherever possible, the Government will continue to push HS2 Ltd to go further on this matter.

I am so grateful to the noble Baroness, Lady Young of Old Scone, for her engagement on this matter; she brings vast knowledge and experience. I recognise that her amendment may not go quite as far as she would ideally have liked, but I hope she will agree that the outcome is a significant step forward. Her amendment places a requirement on HS2 Ltd to publish reports annually on the impacts on ancient woodland across the whole of HS2, not only phase 2a. This has the benefit of committing to reporting on phase 1 of the project as well as phase 2a, and, of course, on future phases. The annual nature of reporting fits well within the life cycle of trees, as the works undertaken follow the seasonal pattern of trees, as required by other legislation. But just because the reporting is annual, it does not mean that the monitoring is annual, or that lessons learned are put in place on an annual cycle—it can be more frequent than that.

Furthermore, by not defining the term “impacts”, HS2 Ltd will report on a wide range of issues relating to ancient woodlands, including those that could potentially be caused by non-compliance with the code of construction practice. The reporting will include measures undertaken relating to breaches of assurances for ancient woodland and lessons learned, should they occur—and, of course, we all hope that they do not.

The phase 2a draft code of construction practice sets out the management measures that HS2 Ltd will be required to follow during construction of the scheme. This includes measures designed to control and prevent the impacts on which noble Lords have raised specific concerns, including the protection of habitats such as ancient woodland, and the control of dust, water quality, noise, vibration and lighting. I believe that these are the sorts of indirect impacts sought by the noble Baroness, Lady Jones of Moulsecoomb.

But, of course, there is more. There are also specific measures designed to minimise adverse ecological effects, including: developing a programme of ecological surveys to be undertaken prior to and during construction, including on bats; the relocation and translocation of species, soil and plants; the reinstatement of any areas of temporary habitat loss; restoration and replacement planting, for example of trees, hedgerows, shrubs and grassland; and using by-products of construction to enhance mitigation provisions, for example using felled trees to provide dead-wood habitats. There is also a requirement to consult with Natural England, the Environment Agency, local wildlife trusts and with relevant planning authorities prior to and during construction.

By committing HS2 Ltd to report on non-compliance with the measures set out in the code of construction practice, we are ensuring that all these impacts are captured and are not limited to the narrower definition of impacts in the amendment proposed by the noble Baroness, Lady Jones of Moulsecoomb. Further, the reporting will include the variance between what ancient woodland the environmental statement has assessed will be lost or impacted by HS2 and what actually occurs. The environmental statement is a reasonable worst-case scenario; in effect, it is an educated estimate of the impact. I hope very much that reporting on the actual outcome in comparison to the baseline in the environmental statement will have a positive impact on helping future programmes and projects improve their assessments for their own environmental statements and reporting.

I will go further. I am pleased to commit HS2 Ltd to reporting on the volume of metres cubed of ancient woodland soils that have been translocated, and to reporting on the number of hectares of ancient woodland compensation and restoration that have been included in the detailed design of the scheme. I am also pleased to commit the company to reporting on the number of hectares of ancient woodland creation and restoration delivered through all HS2 funds that deliver woodland creation. The intention is to publish the ancient woodland impact reports in the annual environmental report. Ancient woodland mitigation and impacts are discussed in the ecology review group.

The noble Baroness, Lady Randerson, tried her luck in seeing whether we could go further on wetlands and meadows. Of course we recognise the importance of those environments so, if she is in agreement, I will write to her on the steps being taken to make sure that those impacts are also minimised.

I thank the noble Baroness, Lady Young of Old Scone, for Amendment 13, and for taking me on a journey. I am not quite at the same point as she is on it, but I am not quite where I used to be. I hope that she will move her amendment when the time comes, and it will give me great pleasure to support it.

Belfast International Airport

Debate between Lord Rosser and Baroness Vere of Norbiton

Wednesday 2nd December 2020 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My Lords, conversations around a deal or otherwise are ongoing, but trade with Northern Ireland will of course continue according to the “unfettered access” under the Northern Ireland protocol. It is worth noting that Belfast International Airport is a significant freight airport, and while it suffered a 79% reduction in passengers in October, it has seen an 8% increase in freight, so that is good news.

[Lord Rosser (Lab) [V]]

During the pandemic, smaller airports such as Belfast International Airport have suffered most, as airlines have consolidated their operations to the larger hubs. Am I to take it from the Government’s responses to this Question so far that they actually think they have done enough to ensure that no further smaller airports in the United Kingdom will face the financial pressures that Belfast International Airport has?

[Baroness Vere of Norbiton (Con)]

I apologise if I have given the noble Lord that impression; that was not my intention at all. The Government are well aware that both large and small airports are experiencing significant difficulties at the moment, which is why the expert steering group has been established. It is working on a strategic framework for the medium and long-term recovery of the aviation sector in the form of a recovery plan. This group does engage with the DAs.

High Speed Rail (West Midlands–Crewe) Bill

Debate between Lord Rosser and Baroness Vere of Norbiton

Report stage (Hansard) & Report stage (Hansard): House of Lords & Report stage
Monday 30th November 2020 Lords Chamber

[Lord Rosser (Lab) [V]]

I do not intend to repeat all the points made so persuasively by my noble friend Lord Adonis and other noble Lords in support of his amendment. The Conservative Party manifesto for the 2019 election said that:

“HS2 is a great ambition”,


but, as we all know, great ambitions are not always realised in full. The manifesto went on to say that HS2,

“will now cost at least £81 billion and will not reach Leeds or Manchester until as late as 2040.”

Continuing, the manifesto said that:

“We will consider the findings of the Oakervee review into costs and timings and work with leaders of the Midlands and the North to decide the optimal outcome”.


In other words, there was no unambiguous commitment in the 2019 manifesto to complete HS2 via the East Midlands to Leeds, since the “optimal outcome” was dependent on government consideration of the findings of the Oakervee review into costs and timings.

In Committee, my noble friend Lord Tunnicliffe invited the Government to commit to building HS2 phase 2b to Leeds in full. In reply, the Government said that:

“Plans to provide the benefits of high-speed rail to the east Midlands, Yorkshire and beyond will be confirmed following the publication of the integrated rail plan”,


and,

“that a properly connected line from the Midlands up to the North will be a key part of the HS2 project.”—[Official Report, 9/11/20; col. GC 351.]

As we know, that reply was not a commitment to build HS2 phase 2b via the East Midlands to Leeds in full.

It would thus be helpful if the Government could clarify in their response what the phrases,

“plans to provide the benefits of high-speed rail to the east Midlands, Yorkshire and beyond”,

and,

“a properly connected line from the Midlands up to the North will be a key part of the HS2 project”,

actually mean. Do they mean that the Government are committed to building HS2 phase 2b via the East Midlands to Leeds in full, or do they mean not that the high-speed line will be built the whole way from Birmingham via the East Midlands to Leeds but that HS2 services could, for all or part of that journey, run over existing routes calling at existing stations?

The indications are that the Government are either looking to abandon or scale back the eastern leg of HS2 through to Leeds or, at best, seriously delay its construction and completion. The lack of a clear commitment to the HS2 project in full calls into question the Government’s declared commitment to levelling up, since the eastern leg is just as vital as the delivery of the western leg. Levelling up cannot just mean levelling up the north-west and the West Midlands. It is just as vital to communities in the East Midlands, Yorkshire and the Humber and the north-east. Indeed, only proceeding with the western leg would leave the cities and areas that would have been served by the eastern leg at a disadvantage.

The Government now have the opportunity to put to rest any concerns over their commitment to the eastern leg by saying, in their response today, that they are committed to the construction and bringing into operation of HS2 phase 2b to Leeds via the East Midlands in full, and giving the date by which they intend it will be completed. The Government can also accept the terms of this amendment. We will now have to see if they intend to take that opportunity. It will be for my noble friend Lord Adonis to decide whether he is satisfied with the Government’s response but, if he does decide to call for a vote, we will be supporting him.

[Baroness Vere of Norbiton (Con)]

My Lords, I did a tally the other day; there are currently nine former Transport Secretaries in your Lordships’ House and I appreciate the wisdom of each and every one of them, including the noble Lord, Lord Adonis. I thank him for his amendment and hope that I will be able to satisfy him today. I will go as far as I possibly can. I hope that he will listen carefully to my words and take as much comfort from them as he is able. All noble Lords will recognise his enthusiasm for and commitment to HS2. I have read the amendment extremely carefully, but suggest that there is no need for it, as I hope to explain. The Prime Minister has been very clear that the Government’s plans for the HS2 eastern leg will be set out in the integrated rail plan and that this will be laid before Parliament within the timeframe referred to in the amendment. I make that commitment to the House today.

--- Later in debate ---

[Baroness Vere of Norbiton (Con)]

I thank the noble Lord, Lord Berkeley, for raising that point. It is really important, so I will ask my honourable friend Minister Heaton-Harris, the Rail Minister, perhaps to write to him setting out his ambitions for rail nationwide, particularly how his ambitions for rail interact with the ambitions for HS2 and how that then produces greater rail connectivity.

[Lord Rosser (Lab) [V]]

I thank the Minister for her response and indeed for her kind words. I also thank all other noble Lords who have participated in this debate.

My amendment calls for further consultation, seeking the views of residents and stakeholders

“who may be impacted by the scheduled works”,

including on whether there are

“sufficient transport provisions for the purposes of passengers connecting to”

HS2 so that they can benefit from it, with a report on that consultation to Parliament. Clearly, from that, the references are not to additional stations on HS2 itself but to whether there is a case for any additional stations, reopening of lines or improvements to stations associated with improving connectivity to and from phase 2 of HS2 for the people of the three counties mentioned in the amendment—namely, Cheshire, Shropshire and Staffordshire.

As one can see from the wording of the amendment, it is not about having another consultation on what the route should be or anything like that; it is about the impact of the works and about looking at transport links to and from HS2—that is, all transport links, not just rail links. The amendment specifically refers to “transport provisions” to enable better access for the residents of the three counties.

The amendment would not tie the Government’s hands to any specific course of future action or policy; nor would it delay progress on phase 2a of HS2, as it does not stipulate that there should be no further progress until the consultation has been completed and the report put before Parliament. The issue is that there is a need to make sure that local residents affected feel that their voice is being heard by HS2 and that their views are being listened to. They should not, as I said, feel that consultation is something of a tick-box exercise in which they are told what is going to happen rather than being engaged on a continuous, regular basis. They should feel involved in decisions affecting them and be aware of what is happening and when.

The Government appear satisfied with the consultation that has taken place with local residents on phase 2a of HS2. I have to say that that is not the message that I get. I do not think that the Government should be satisfied with what has taken place to date, albeit it may have been extensive. It comes back to the question of whether people feel that they are being told what is going to happen, as opposed to them having an impact on decisions affecting their lives.

I hope that he will not mind my doing so—if he does, I apologise in advance—but I refer to the words of the noble Lord, Lord Randall of Uxbridge, who said the following in Committee on 9 November. In relation to phase 1, in which the noble Lord was much involved, presumably at that time the Government were saying much the same thing as we have heard today about the extent and thoroughness of the consultation that there had been. The noble Lord, Lord Randall of Uxbridge, said:

“HS2 does not listen to the concerns of NGOs, Members of Parliament or ordinary members of the public. As an example, when I ceased to be the Member of Parliament for Uxbridge, I was succeeded by no less than the current Prime Minister, but he has just as much trouble getting answers out of HS2 as I did.”—[Official Report, 9/11/20; col. GC 376.]


Clearly, if the Prime Minister cannot get answers out of HS2, what chance do the residents of Shropshire, Staffordshire and Cheshire stand without the help of this amendment and the helpful role that it will enable the new Minister for HS2 to play in ensuring that there is proper and continuing engagement by HS2 and progress on ensuring improved transport links in the three counties to and from HS2 phase 2a? I have listened carefully to what has been said, but I wish to test the opinion of the House.

--- Later in debate ---

[Lord Rosser (Lab) [V]]

I think we have reached the stage at which noble Lords would like to hear the Government’s response to an interesting debate. A significant number of noble Lords has spoken on the basis of considerable experience and knowledge in this field. We have agreed an amendment today providing for consultation and a report to Parliament on the impact of HS2 phase 2a on the natural environment, including the impact on ancient woodland, which could enable local residents to be engaged in decisions affecting their environment.

As a general point, we could not support an amendment if the effect of it was—and I do not know whether this will be the case in this instance—to delay progress of HS2 phase 2a. I note the requirement in the amendment that scheduled works must not destroy any ancient woodland, either directly or indirectly, and I am not entirely clear what the impact of that would be on the progress of HS2 phase 2a.

I also note that my noble friend Lady Young has indicated she will not seek to push her amendment in this group to a vote. Like other noble Lords, I will listen with considerable interest to the Government’s response and the extent to which they can offer assurances acceptable to the noble Lord, Lord Blencathra, and my noble friend Lady Young of Old Scone.

[Baroness Vere of Norbiton (Con)]

My Lords, I thank all noble Lords for what turned out to be a very interesting debate. I was interested in the observations of the noble Baroness, Lady Randerson, when she noted the complexity of these arguments put before noble Lords today. Many people do not agree on this, yet when one looks at it at face value, it is easy sometimes to reach an automatic conclusion that it must be a bad thing to cut down a tree, but people start talking about where the replacement tree would come from, and it is complex. I would like to reassure your Lordships’ House that HS2 takes its environmental obligations very seriously and follows the advice of the experts, recognising also that that advice may change as more scientific work is done in this area.

Phase 2a has been designed to avoid or reduce adverse significant effects on habitat, protected species and other features of ecological value, where reasonably practicable. However, it is not possible to build a major public transport infrastructure project without creating some adverse significant effects on the environment on or near the proposed route.

One of those effects is on biodiversity, the subject of my noble friend Lord Blencathra’s first amendment. Where adverse significant effects cannot be avoided, mitigation and compensation measures are included to reduce effects on species and habitats. These include the translocation of species, the provision of replacement habitats, and special measures, such as ecological underpasses and green bridges, to facilitate the movement of species across the route. My noble friend Lord Randall mentioned that rail corridors are often good wildlife corridors.

I am proud to say that HS2 was the first major transport project in this country to seek no net loss in biodiversity on a route-wide basis. The phase 2a Bill has been in Parliament since 2017 and, in that time, there has been a step change in our national ambitions to protect and enhance our natural environment. This has not passed HS2 by. During the consideration of the Bill by the Select Committee in this House, HS2 demonstrated greater ambition on the environment. A commitment has been made to enhance the phase 2a scheme’s no net loss objective, by identifying and implementing appropriate opportunities to move towards gains in biodiversity. HS2 Ltd’s green corridor initiative will create a network of habitats along the phase 2a corridor. The Government have also committed £2 million of funding for biodiversity improvements, £5 million for the community and environment and the business and local economy funds, the phase 2a woodland fund and two area-specific funds. These funds total £11 million and they will improve biodiversity.

The legislative commitment sought by my noble friend Lord Blencathra simply goes beyond what can and should be committed to at this stage of the Bill. Casting in iron a commitment to 10% net gain, when land take on the scheme has already been fixed, would be disproportionately expensive, would entail extensive redesigns of the scheme and may lead to significant delays. In all likelihood, further land purchases would be required, going beyond the existing boundaries of the phase 2a scheme and requiring the return of the Bill to the House of Commons.

I know that some noble Lords believe that land purchases may not be required and, as I said earlier, sometimes people disagree on this, but we believe that it would probably be one of the approaches we would have to ensure to reach this legislative goal. However, there are no assurances that we would be able to do this quickly, and the Government would have no alternative other than to get additional compulsory purchase powers to deliver this requirement—if it became a requirement.

I believe that the steps that HS2 has taken, the assurances that have been given and the funds that have been provided to improve biodiversity are the correct approach for the phase 2a scheme. I reiterate that the phase 2a scheme and HS2 as a whole are already committed to no net loss of biodiversity. I hope that, on this basis, my noble friend is able to withdraw his amendment.

The noble Lord’s second amendment is on ancient woodland. We will be returning to this topic further down the track, with some amendments on reporting. I am afraid—and I believe my noble friend knows this—that I simply cannot support his amendment. When designing a complex transport infrastructure scheme, such as HS2, it is necessary to balance competing priorities. The noble Earl, Lord Caithness, made this point. Ancient woodland sites are fragmented and scattered across our countryside. They can be difficult to avoid without incurring substantial adverse effects to other environmental sites or local communities.

The phase 2a scheme has been designed to avoid or reduce impacts on homes, businesses and heritage sites, to reduce losses of our most valuable agricultural land and to prevent impacts to other protected sites. The scheme must also be mindful of wider issues, such as safety and affordability. Noble Lords understand that it is extremely challenging—it may be impossible—to design a scheme of this scale that avoids impacts to ancient woodland entirely, but this does not mean that we do not take this seriously. Where impacts to ancient woodland sites are unavoidable, HS2 Ltd has sought to reduce them by changing the scheme design to reduce the amount of woodland taken.

Although impacts on ancient woodland cannot fully be compensated, its loss can be addressed and somewhat mitigated through a broad range of measures, including planting native broad-leaved woodland to enhance linkages between current ancient woodlands and salvaging ancient woodland soil to be used in new sites.

I return briefly to the question asked by the noble Lord, Lord Snape, who asked me to define ancient woodland. It is quite a tricky beast. Ancient woodland is defined as an area that has been wooded since 1600, but a lot of other things go into that. It could of course be the case that an ancient woodland, as currently defined, consists almost entirely of new trees. They are not necessarily old trees; it has just been woods for a long time.

This returns us to the soil translocation measures. Again, there is some disagreement as to whether it will work, but you know what, my Lords? It is worth giving it a try because, if an ancient woodland can be new trees and it is all about the fungus and the soil—I am feeling like David Bellamy—perhaps it is worth looking at the soil translocation measures. HS2 Ltd has committed to translocating soil but then spending 50 years managing and monitoring in all locations where the translocation of soils has happened. In this way, we will actually know: we will be able to determine the effectiveness of these measures and learn lessons for future infrastructure projects.

The design within the phase 2a Bill is at a relatively early stage of maturity. The area of ancient woodland loss is currently reported in various documents and is set out as the reasonable worst-case assessment. We believe that there may well be improvements as detailed designs come to pass. As I mentioned in other places, more steep cuttings and so on can help to retain ancient woodland. All sorts of things that can be done will be looked at by HS2.

This amendment would result in lengthy delays and costs to the entire phase 2a scheme as, clearly, it would have to go back to square one. There would be a significant redesign. I reassure my noble friend that I will be accepting an amendment later on relating to reporting on ancient woodland, tabled by the noble Baroness, Lady Young of Old Scone. I hope that he will take comfort from that, and I request that he does not press his amendment.

I have an answer to the question asked by my noble friend Lord Framlingham. HS2 trains will run at 360 kilometres an hour. The track is designed to a slightly higher speed of 400 kilometres an hour, but of course that is pretty much within the same ballpark.

I turn, finally, to biosecurity. I will address the amendments in the names of my noble friend Lord Blencathra and the noble Baroness, Lady Young, together. The amendments seek a commitment that all seeds, trees and shrubs planted on the project be sourced within the United Kingdom, due to concerns about biosecurity. That all seems fairly straightforward; various other noble Lords were then able in their contributions to provide some insight as to why it is not as straightforward as that. Biosecurity is an issue that we should, and do, take very seriously. We know the tremendous harm that can be wrought—we have heard about it today—however, it is not the only relevant concern. As some noble Lords have noted, we have to think about climate change and of other challenges that our woodlands may face. This balancing act was given detailed consideration by the House of Lords Select Committee, and I thank it for that.

Assurances have already been given that the nominated undertaker will grow all trees for the phase 2a scheme in the United Kingdom. It is not the case that HS2 Ltd will procure mature plants from abroad—only seeds. At least two-thirds of the required seed stock for phase 2a planting will come from Great Britain, with the remaining third being procured from an appropriate region of provenance within Great Britain and from non-British sources.

DfT officials agreed to consult with the Forestry Commission and Natural England, of which my noble friend Lord Blencathra is deputy chair, because these are the sorts of experts that we need guidance from. We are consulting with them to ensure that this seed stock is from an appropriate region of provenance and to secure stock from within Great Britain as far as is reasonably possible.

Railways: Fare Structures

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 17th November 2020 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I refer the noble Lord, Lord Loomba, to my previous response to my noble friend Lord Moylan. However, the Government are very clear that we want punctual and reliable train services, and at a price that is fair to the taxpayer and to the passenger.

[Lord Rosser (Lab) [V]]

In August, the Government provided the money to enable people to have cut-price meals, to help restaurants and similar establishments recover from the loss of business as a result of Covid-19 by getting people to eat out again. Do the Government have any similar plans for enabling people to travel at half price, or a significant discount, on our railways for a period of time, as a means of encouraging people to travel by train again after the end of the current lockdown?

[Baroness Vere of Norbiton (Con)]

The noble Lord must be reading our minds. Of course, there will be man things that we might want to consider doing once the course of the pandemic is clear and we have come out the other side, and once there are no restrictions on people’s travel. It may be that we introduce certain incentives, because we all know that the best way to travel is on public transport.

High Speed Rail (West Midlands-Crewe) Bill

Debate between Lord Rosser and Baroness Vere of Norbiton

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords & Committee: 2nd sitting : House of Lords & Committee: 2nd sitting
Thursday 12th November 2020 Grand Committee

[Lord Rosser (Lab) [V]]

My noble friend Lord Berkeley has spoken about the purpose of his amendment, calling for an independent peer review of the section of the HS2 project covered by the Bill; namely, the connection to phase 1 at Fradley in the West Midlands and to the west coast main line just outside Crewe in Cheshire.

The most recent review—and it is recent—was the Oakervee review, which started off with my noble friend Lord Berkeley playing a prominent role, which then appeared to be downgraded as time went on, until at the end he seemed to be treated as a somewhat peripheral figure. Presumably this was not unrelated to my noble friend’s views about the review and its conclusions.

My Amendment 8 requires the Secretary of State to publish a cost-benefit analysis of HS2 within three months of the Bill becoming an Act, and then to

“publish a revised assessment in each subsequent twelve month period.”

I imagine that the Minister will oppose that but, if so, I hope she will be able to tell me that that is because this will be covered in the new six-monthly reports to Parliament. Obviously, I await her response.

However, I want to raise some points about costs. Are the committed costs for phase 1 now some £10 billion, with that figure being about a quarter of the Government’s estimated total cost of phase 1? If that is an accurate or reasonably accurate figure, would the Government expect committed costs to have already reached some 25% of the total cost of the phase before the permanent works have really got under way? What is the Government’s estimated cost of phase 2a and how much has already been spent and committed? What is now the expected completion date of phase 2a? Are the Government confident that their latest cost-benefit ratio figure for HS2 could never worsen as the project continues—and, one fears, costs rise—to the point where there would be a serious question about the case for HS2? An assurance on that point would be helpful. Is it the Government’s unequivocal position that once the Bill becomes an Act, phase 2a will proceed—no ifs, no buts?

Our position is, and has always been, one of support for HS2. It was no wonder that my noble friend Lord Adonis sought unambiguous assurances on Monday, which he did not appear to get, of the Government’s continuing commitment to complete the eastern leg of HS2 in full, to plan, from Birmingham through the east Midlands to Leeds. It was a Labour Government who got this project off the ground, thanks in particular to the drive and determination shown by my noble friend. However, there needs to be a proper grip on costs once specific figures for expected costs have been announced, which also means that considerable hard evidence-backed thought needs to be given to what, realistically, those expected costs are likely to be, and the same should apply as far as the benefits are concerned.

I suspect that the Government recognise that. In a letter to me of 16 October the Minister said:

“The Government have strengthened the arrangements for governance and accountability for the HS2 project. There is now a dedicated Minister, a cross-government ministerial group and a six-monthly report to Parliament.”


Is the appointment of a dedicated Minister an admission that there has been insufficient ministerial involvement and oversight of the HS2 project and its costs by the Department for Transport for a significant part of the past 10 years? That is what it sounds like. If so, why did Ministers allow that to happen and to drag on for so long? Does the creation of a cross-governmental ministerial group mean an acceptance that there will have been no proper co-ordinated cross-government policy-making at ministerial level and oversight on HS2, including its costs, for a significant part of the past 10 years? Once again, that is what it sounds like. Again, I ask: if so, why did Ministers allow that to happen and to drag on for so long?

I would like to know why the Government think that these new arrangements will strengthen governance and accountability. In what way is governance being strengthened? What particular deficiency in the previous governance arrangements will be plugged by these new arrangements? What positive impact on the HS2 project do the Government expect to result from these new arrangements? In what way do the Government believe that accountability will be strengthened by these new arrangements? Who and what will become more accountable and to whom? What benefits do the Government expect to arise from this strengthening of accountability for the HS2 project? What will be the impact of the strengthened arrangements for governance and accountability on the costs of HS2? If it is expected to be positive—and I assume it is—why will these new arrangements involving Ministers enable costs to be better controlled than they have been under the existing arrangements?

The first of the six-monthly reports to Parliament has reported a further £800 million increase in costs over six months. Are the Government satisfied that the reasons given in the report for the increase in costs could not have been identified much earlier with more extensive preparatory work? If the Government’s answer is that they are satisfied that that is the case, that seems close to an admission that they really do not know what the final cost of HS2 will be since, presumably, further major unexpected developments or problems could continue to arise all the time. If that is the case, we can only hope that such developments and other potential issues affecting costs do not end up exceeding the contingency provision that has been made because, as we have seen and know, opponents of this project are reinvigorated every time there is an announcement of a further non-budgeted increase in costs. That is why controlling costs is important.

I hope that the Government will be able to give some clear answers to the questions I have asked and will explain why and what they believe the new arrangements referred to in the letter of 16 October will deliver in respect of strengthened governance and accountability and much better control over costs of a project we continue to support.

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, when I saw the first group for this second day in Committee I thought, “This is going to be Second Reading territory” and, lo and behold, it was the case. I thank all noble Lords for their contributions, which went slightly wide of the amendments in the group, which are essentially about reporting, not about whether or not HS2 should go ahead, although we had a little run around that track as well. I note that the last group on the Marshalled List today is about party walls, and I find that a very exciting prospect and very much hope that we will get there.

As I outlined in my previous responses about the Government’s recent changes to transparency and accountability, we are putting these at the heart of everything we are doing on HS2 because we believe that enhanced reporting measures and ministerial oversight will help. That is not to say that there was a significant deficiency previously, as was suggested by the noble Lord, Lord Rosser, but that with all these things good governance is very hard to achieve and incremental improvements to governance structures should be made when they are deemed appropriate.

On Amendment 6, about another report, I think I share the feeling of some noble Lords who have spoken: “Not another one.” There have been several reports on HS2. I believe it is now time to get on and get it built without having another report. Most recently we had the report from Doug Oakervee and his panel and the recommendations therein. The noble Lord, Lord Adonis, mentioned some of the people involved in that report, and I think we all agree that they are people of very high calibre. Indeed, they include the noble Lord, Lord Berkeley. He was on that panel and, as was and is his right, he published his own dissenting report, which of course the Government read and took note of. Is it time now to have yet another report on HS2? I believe that is not the right thing for us to do. We should be looking at the conclusions of the last report, which was written only recently, and putting them into practice. That is why we have Andrew Stephenson as the Minister for HS2 and why we have put in enhanced reporting requirements to Parliament.

The noble Lord, Lord Liddle, mentioned the HS2 board. It is already a strong board, but it has recently been enhanced by representatives from the Treasury and the Department for Transport. That is to make sure that HS2 remains absolutely focused on our priorities and the interests of the British taxpayer. We also have the integrated rail plan, of which the noble Lord, Lord Adonis, is such a fan. That plan is in development and will make recommendations on how best to deliver high-speed rail in the north.

Therefore, the Government do not agree that we need a further report or review—call it what you will— into HS2 at this time. There will be a significant amount of scrutiny to come in any event, given the existing arrangements.

On the amendment tabled by the noble Lord, Lord Rosser, as I have explained, a new reporting regime has just been put in place that commits the Government to report every six months. The first one was published last month and updated the House on costs and schedule.

I will sidetrack slightly, if I may, on the issue of costs and schedule because I am doing a lot of work around this as there are quite a lot of major projects in my portfolio. In this country, we have a slight issue that we expect to know exactly what the cost and schedule will be on day one. That is not even day one of the build. We seem to want to know what they are going to be on day one when someone has only just thought of the project. That is absolutely impossible with these sorts of large engineering projects.

--- Later in debate ---

[Lord Rosser (Lab) [V]]

I will be brief. As the noble Earl, Lord Lytton, said, this amendment is about the attitude and approach of HS2. I tried to make a note of some of the things that he referred to. I think he referred to a highly impersonal manner and to the level of control to ensure uniformity of approach when not all cases are similar. I think he referred to the shifting of the burden of proof, to the delaying of payments and to the challenging of decisions line by line. I think he also referred to how it seemed that the Treasury put pressure on the DfT, which put pressure on HS2 regarding finances, and to how eventually all that financial pressure being applied was reflected down the line in the approach to claimants.

I will listen with interest to what the Minister says in reply and, in particular, to whether she accepts that there is validity in what is being said. The noble Earl clearly believes that there is, and I imagine that he is far from the only one who thinks that that is the approach of HS2. I know the Minister will take what has been said seriously. However, I hope very much that she will be able to offer some words that will at least indicate that she will look at the issue and seek to address the concerns raised.

[Baroness Vere of Norbiton (Con)]

My Lords, before I turn to this amendment I need to apologise. There was an error in my speaking note on Monday which I need to rectify. The error was in the statement that I made in relation to Amendment 13, dealing with advance payments of compensation for temporary possession of land. I stated that the Neighbourhood Planning Act 2017 provides for advance payment of compensation in relation to the temporary possession of land and that the amendment was therefore redundant. While it is correct that Section 24 of the Neighbourhood Planning Act 2017 will provide for advance payment of compensation in relation to temporary possession, these provisions will not apply to temporary possession of land under the powers of this Bill. This Bill, like previous hybrid Bills and previous orders under the Transport and Works Act 1992, has a bespoke regime for temporary possession of land which does not provide for advance payments. In my detailed response to the noble Earl, which I have already promised to provide, I will give further details as to the practice of HS2 in respect of the timing of payments of compensation for the temporary possession of land. I will circulate this to all noble Lords who spoke in Committee and place a copy in the Library of the House. I reiterate my sincere apologies that that happened. It will not happen again.

I turn to the amendment. We have heard the underlying concerns which may have led to this amendment and I will set out what the Government are doing about them. Land is needed for the HS2 scheme to build the railway. Some of this land is purchased by agreement but most of the land is acquired through compulsory purchase. This is an unavoidable fact of building most new transport infrastructure and I recognise that, to those affected, it can be devastating. Most individuals affected will accept what the coming of this scheme means for them, come to terms with it and find a way to come to an agreement with HS2 as to when their land will be acquired and what compensation they will receive under the compensation code. For some, they will be happy with the arrangements and agree that their treatment by HS2 has been fair and proper.

However, a few landowners will feel that they have been unfairly treated. They may feel that there is inadequate compensation or that HS2 has not taken due note of their specific individual circumstances. The Government have taken note of those individuals and have been reviewing how they can improve the way in which the project is delivered for all those affected. The noble Baroness, Lady Randerson, asked if we would have a good look at the business practices in this area, and we have already committed to do so.

My colleague Andrew Stephenson has instigated a rigorous land and property review to assess the wider concerns that the amendment seeks to ameliorate. The letter provided by the noble Earl, Lord Lytton, will form part of the evidence for that review, and I am pleased to be able to say that this review will be published very shortly. Of course, Sir Mark Worthington OBE, the Independent Construction Commissioner, deals directly with the complains of individuals affected by the project.

--- Later in debate ---

[Lord Rosser (Lab) [V]]

I first thank the Minister for her reply and all noble Lords who participated in the debate. I just comment that I made it clear when I made my contribution that it was at the junction of the A51 and the A525 in the centre of the village. I also said that what would be entailed was widening of those roads and other works at certain points and that that junction was right at the centre of the village.

I have perhaps made some progress. It was after all the Select Committee that said that there needed to be further discussion as soon as possible—because safety issues were involved—between HS2, Shropshire Council and the parish council. I was not asking the Minister—nor do I think she took it this way—to immediately intervene. I asked that, now we have a dedicated Minister for HS2 and a cross-government ministerial group, what would be their involvement in ensuring that HS2 engages properly.

This is not the first occasion that we have had local communities saying to us that in their view—rightly or wrongly—they do not feel that HS2 engages as well as it should. I also asked whether, if the discussion with the parish council was either delayed or not being entered into in the spirit and intent that the Select Committee envisaged, it could take its concern to the direct dedicated Minister for HS2. I think that, in her closing comments, the Minister referred to the role of the Minister for HS2 in making sure that there was community engagement. I appreciate that that was on a general basis—she was not talking specifically about this case—but I hope that this is one where, if the parish council still believes that the discussion is not being entered into with the right spirit and with the necessary intent, it would not be dismissed by the dedicated Minister for HS2 if it made an approach to him with its concerns. It is then obviously up to the Minister what he would or would not do in the light of that approach.

Having made those comments, I again thank the Minister for her reply and beg leave to withdraw my amendment.

[Baroness Vere of Norbiton (Con)]

I just want to apologise to the noble Lord, Lord Rosser, because I did not hear him mention the road names and now I feel very silly that I did not. I also want to say that in my role as Roads Minister, for example, if a local community feels that Highways England is not engaging with them, they bang on the door of their local MP, the local MP comes to see me immediately and tells me off, I go to tell off Highways England and something gets done. The HS2 Minister will play precisely the same role that I play in making sure that local communities are dealt with properly by whichever delivery body is working with them. We can obviously discuss this with Minister Stephenson shortly, but if I did not explain that particularly well, that is exactly the role I expect him to play.

Rural Bus Services

Debate between Lord Rosser and Baroness Vere of Norbiton

Wednesday 11th November 2020 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My noble friend is right: an empty double-decker bus careening through narrow country lanes simply will not do. One of the solutions that may be appropriate for rural areas is demand-responsive transport. That is why in September 2019 we launched the £20 million Rural Mobility Fund. We asked for expressions of interest and have had 53. I take great heart from that and at the moment we are reviewing those. We probably do not want to launch them now, in the middle of the pandemic, but we hope that will go on to prove what kind of demand-responsive transport works and what does not, and then we will be able to roll it out more broadly.

[Lord Rosser (Lab) [V]]

Half of households on low incomes and two-thirds of jobseekers do not have access to a car. Bus services are also crucial to rural economies and small local businesses. However, a study by Warwick University in 2019 found that over a decade the price of travelling by bus has risen by 39%, way above the level of inflation. Does the Minister accept that this has contributed to the decline in bus passengers and that it has been and is damaging, both socially and economically?

[Baroness Vere of Norbiton (Con)]

What the Minister accepts is that we must always strive to improve our bus services. In February 2020 the Prime Minister talked about his view for the bus network, with more high-frequency services and better bus prioritisation. With those two things, one automatically gets lower fares. If we can put all those services on cleaner, greener buses, that will be all to the good.

Covid-19: Transport for London

Debate between Lord Rosser and Baroness Vere of Norbiton

Thursday 29th October 2020 Lords Chamber

[Baroness Vere of Norbiton (Con)]

The congestion charge is a matter for the mayor. He will make decisions in that regard.

[Lord Rosser (Lab) [V]]

Prior to the coronavirus pandemic, the Major of London had reduced the TfL operating deficit by 70% and increased its cash balance by 13%, while maintaining fares income over the past four years—a much healthier situation than that left by his predecessor. It is also worth bearing in mind, in the light of what has been said, that London’s net contribution to the Treasury last year was £38.8 billion.

I return to the question raised by noble Baroness, Lady Randerson, which did not get much of an answer. Why are the Government playing awkward over funding for publicly owned TfL? They are providing all the money private train operators in London require through 18-month funding deals with a surplus element built in and few questions asked. Meanwhile, they are seeking to force the Mayor of London to make punitive policy changes affecting Londoners—who have done and continue to do the right thing on Covid-19—as the price for their necessary further financial support. It is not sufficient to say they are different cases; they are very similar.

[Baroness Vere of Norbiton (Con)]

The noble Lord mischaracterises the discussions under way concerning the train operating companies and TfL. Various conditions apply to the new train operating company deals—ERMAs—relating to punctuality, management fees and all sorts of things. Of course, that is just one step on the way to further reform. The Government will step in and support TfL to address the decrease in revenues resulting from the pandemic. However, there are elements available to people in London and to TfL staff that are simply not available to the rest of the country. It is not up to the UK taxpayer to pay for those things.

Network Rail’s Enhancements Pipeline

Debate between Lord Rosser and Baroness Vere of Norbiton

Wednesday 21st October 2020 Lords Chamber

[Baroness Vere of Norbiton (Con)]

The noble Lord is quite right, and that is one of the reasons why we have investment periods for both rail and roads. This makes sure that the supply chain knows what is coming down the track, so to speak, and is able to respond accordingly. It also gives it certainty that if a project goes through its stages then it will actually happen. One of the biggest challenges we have had previously has been a lack of certainty that projects will happen. The noble Lord will also know that the spending review has been reduced to one year. However, for some of the long-term plans—for example, CP6 for rail—it will be a multi-year settlement.

[Lord Rosser (Lab) [V]]

The Government’s HS2 six-monthly report to Parliament referred to £800 million of “cost pressures”. I think that is a euphemism for extra costs which will have to be paid for out of the contingency provision, which at this rate will be used up fairly rapidly. Eight hundred million pounds over six months works out at additional costs of just under £4.5 million every day, or £3,000 every minute. We support HS2, but when do the Government intend to get a grip on its costs? Setting up a ministerial task force chaired by the Secretary of State does not sound like much of an answer to that question.

[Baroness Vere of Norbiton (Con)]

The noble Lord is wrong to extrapolate quite as far as he did. We have a relentless focus on controlling costs. He is right that there are some cost pressures from the preparatory works, but we remain confident that HS2 phase 1 can be built within the target cost of £40.3 billion.

Trains: East Midlands

Debate between Lord Rosser and Baroness Vere of Norbiton

Monday 19th October 2020 Lords Chamber

[Baroness Vere of Norbiton (Con)]

The Government are committed to making improvements to East Midlands commuter travel. The noble Baroness is absolutely right: if we are to get people out of their cars, we need them on the trains. Of course one of our priorities is improving the safety of staff and passengers on trains. We have extra staff to manage flows, extra signage and extra cleaning. I hope that she will agree that if people want to travel to work in the East Midlands by train, they should do so.

[Lord Rosser (Lab) [V]]

First, what is government spending on transport overall in the East Midlands region per head of population, compared with the national average on transport per head of population? Secondly, what specific progress has been made over the last five months towards reopening the line from Leicester to Burton to passengers, following the government announcement last May of a fund for feasibility studies on the reopening of lines?

[Baroness Vere of Norbiton (Con)]

The last figures that I have for investment in transport are £268 per head in the East Midlands compared to £474 per head across England, so there is much more to be done. The steps that the Department for Transport has taken recently will aim to level up the East Midlands in the amount of investment in infrastructure. The line between Leicester and Burton—I believe it is known as the Ivanhoe line—is part of the Restoring Your Railway programme, so the reintroduction of passenger services is being considered. Development of these plans has been funded, and the Department for Transport and Network Rail are working on it with the promoters of the scheme to provide the guidance and support that they need to get a strategic outline business case.

Covid-19: Transport Industry

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 6th October 2020 Lords Chamber

[Baroness Vere of Norbiton (Con)]

The Government have huge ambitions for the rail industry throughout the country, in both urban and more rural areas. As the noble Lord probably knows, we have entered into emergency measures agreements with the train operating companies to make sure that they can continue to provide those services. With regard to cut-off places— places that no longer have trains—the Restoring Your Railway Fund will support the reopening of railways where possible.

[Lord Rosser (Lab) [V]]

May I return to the question asked by my noble friend Lord Snape? The Minister said that the 20% of the sector involved in school transport was getting support, but what about the other 80%? What additional support will be offered to that 80% of the coach industry, and with what objectives in mind? It includes small operators which, as small businesses, form the backbone of the sector and are really struggling. The Government have yet to tell us what they intend to do to support the great bulk of the coach industry.

[Baroness Vere of Norbiton (Con)]

The Government have already put in an unprecedented package of financial support, which has recently been extended through the winter economic plan to make sure that support is provided not only to coach companies but to all sorts of companies across the country. As I said to the noble Lord, Lord Snape, we are working with DCMS to try to open up tourism wherever possible, but coach companies are being innovative and getting business where they can. I recently visited York Pullman, in York, and was heartened to see that it is looking to find more innovative ways back into work. I know it is difficult, and we continue to engage with the coach sector as the pandemic progresses.

Covid-19: Aviation Sector

Debate between Lord Rosser and Baroness Vere of Norbiton

Monday 5th October 2020 Lords Chamber

[Lord Rosser (Lab)]

Key asks from the airline industry are the implementation of testing for passengers arriving from high-risk destinations—not least New York—greater transparency on the Government’s methodology for determining travel corridors and restrictions, a temporary 12-month waiver of APD and the regionalisation of travel corridors, as I am sure the Minister knows. How many of those do the Government intend to agree to?

[Baroness Vere of Norbiton (Con)]

First, I wish the noble Lord a happy birthday. The Government are taking all those key asks that he refers to extremely seriously. As he will know, very early in the process—in May—we set up the aviation restart and recovery expert steering group, which gave us an enormous insight into the amount of support and the sorts of things we could do for aviation. That has now moved on to become a recovery-only sort of group, looking at longer-term policy thinking, including regional connectivity, economic growth, skills and workforce and decarbonisation. We are well aware of all the issues that he raises, and we are working with the industry to do what we can.

Holidays: Cancellations

Debate between Lord Rosser and Baroness Vere of Norbiton

Wednesday 30th September 2020 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My Lords, I declare an interest, having had two holidays cancelled, both of which were refunded. The situation is incredibly difficult and we need to look closely at how we are going to get refunds back to consumers, but most businesses in the travel industry are doing their very best to refund.

[Lord Rosser (Lab)]

I understand that the last time an airline operating in the UK faced a fine for breaking consumer law on refunds, delays or cancellations was 17 years ago. In the same period, as I understand it, the Civil Aviation Authority has applied for an enforcement order only once. In the light of that, is the Minister confident that all airlines have done everything they could to comply with statutory consumer rights this year, and does she think that they feel under sufficient pressure to ensure that they comply with statutory consumer rights?

[Baroness Vere of Norbiton (Con)]

I believe that airlines are feeling under great pressure from all sides at this moment. Of course, the CAA works very closely with the airline industry. Its review, which it launched at the end of July, looked in great detail at the refund policies and practices of each airline. There has been a significant improvement since that review. The CAA is taking a balanced and proportionate approach to enforcement for the time being.

Electric Vehicles

Debate between Lord Rosser and Baroness Vere of Norbiton

Thursday 10th September 2020 Lords Chamber

[Baroness Vere of Norbiton (Con)]

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.

[Lord Rosser (Lab) [V]]

Perhaps I may come back to that last point. I fully support what the noble Lord, Lord Bradshaw, has just said about complete compatibility in charging points, but I am getting the impression that there is a lack of enthusiasm on the part of the Government to do anything on this, certainly in the short term. How long are the Government going to continue not seeking to insist on complete compatibility of charging points so that they can be used by all vehicles, and indeed also address the issue of greater compatibility in speed of charging? These are two issues which are off-putting to some potential owners of electric vehicles.

[Baroness Vere of Norbiton (Con)]

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.

Railways

Debate between Lord Rosser and Baroness Vere of Norbiton

Wednesday 9th September 2020 Lords Chamber

[Baroness Vere of Norbiton (Con)]

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.

[Lord Rosser (Lab)]

The Great Western emergency measures agreement has been extended until at least late June of next year. Have all the other EMAs been extended for a similar period, or will they be? What is the estimated total additional cost to the taxpayer of doing so, including the cost of the management fee? Secondly, the Minister has referred twice to the Williams review. Why are the Government now declining to publish in full the much-trailed root-and-branch Williams rail review, as opposed to simply publishing the outcomes of that review in a Government White Paper?

[Baroness Vere of Norbiton (Con)]

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.

Highway Layouts

Debate between Lord Rosser and Baroness Vere of Norbiton

Monday 7th September 2020 Lords Chamber

[Baroness Vere of Norbiton (Con)]

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.

[Lord Rosser (Lab)]

As part of the Planning for the Future consultation, the Government are considering the relationship between infrastructure, including roads, and the planning system. With the White Paper asserting that decisions to grant planning consent should no longer be taken on a case-by-case basis but be

“determined by clear rules for what can and cannot be done”,

can the Minister give an assurance that the outcome under these future rules for what can and cannot be done will not result in diminished consideration of the environmental impact of proposed roadbuilding, bearing in mind that the environmental impact of roadbuilding and development, including on adjacent sites of ecological, cultural or scientific significance, varies considerably from case to case?

Stonehenge

Debate between Lord Rosser and Baroness Vere of Norbiton

Thursday 23rd July 2020 Lords Chamber

[Baroness Vere of Norbiton [V]]

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.

[Lord Rosser (Lab) [V]]

There is a delay in the Secretary of State making his decision in the light of a recent archaeological find. If the tunnel project does receive the go-ahead from the Secretary of State, what would happen to the project and the construction of the tunnel and its cost if there was a further significant archaeological find on the line of route or close to it, once construction had started?

[Baroness Vere of Norbiton [V]]

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.

Covid-19: Public Transport

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 7th July 2020 Lords Chamber

[Baroness Vere of Norbiton [V]]

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.

[Lord Rosser (Lab) [V]]

From yesterday, rail services were to be close to 85% of pre-Covid levels and more bus services are now running. As has been said, the problem is the severe shortage of passengers. Passenger numbers are well below even those allowed under current social distancing requirements. There may be very good reasons for it, but why is it that some airlines —with government acceptance—can apparently operate planes safely with potentially all seats occupied by passengers, but for trains and buses this is not only still not possible to do safely but apparently not anywhere near possible?

[Baroness Vere of Norbiton [V]]

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.

Public Transport: Social Distancing

Debate between Lord Rosser and Baroness Vere of Norbiton

Wednesday 1st July 2020 Lords Chamber

[Baroness Vere of Norbiton [V]]

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.

[Lord Rosser (Lab) [V]]

The Government’s continuing message even as the lockdown is eased that bus and rail travel poses a risk is resulting in high levels of car usage while many services currently carry far fewer passengers than could be carried while still observing the two-metre rule let alone the one metre-plus rule. The rail industry estimates that, at best, the railways will return to 50% to 60% of their pre-Covid passenger numbers in 2021. Do the Government have a plan for getting passengers back on our buses and trains—which I think was the point of the question from my noble friend Lord Faulkner of Worcester? Some airlines now operate with potentially all seats filled, so why can it be made safe to do this on planes but not apparently on trains?

[Baroness Vere of Norbiton [V]]

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.

Covid-19: Airline Sector

Debate between Lord Rosser and Baroness Vere of Norbiton

Monday 29th June 2020 Lords Chamber

[Baroness Vere of Norbiton [V]]

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.

[Lord Rosser (Lab) [V]]

In response to my noble friend Lord Tunnicliffe on 4 June, the Minister said that if a firm sought any bespoke financial support from the Government, it might be subject to conditions that included some of those which had been outlined by my noble friend, which were: protecting jobs, salaries and workers’ rights; taking steps to tackle climate change; maintaining their tax base in the UK; not paying dividends until doing so was liable; and fully complying with consumer law, particularly in relation to refunds. Can the Minister confirm that that remains the Government’s position, and say whether any discussions have taken place with airlines or air operators over bespoke financial support and what progress has been made on that support being subject to conditions?

[Baroness Vere of Norbiton [V]]

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.

Public Transport: Face Coverings

Debate between Lord Rosser and Baroness Vere of Norbiton

Thursday 25th June 2020 Lords Chamber

[Baroness Vere of Norbiton [V]]

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.

[Lord Rosser (Lab) [V]]

Despite the impending reopening of museums, pubs, cinemas and hotels, there has been no clear updated guidance on whether people can use public transport to reach these destinations. Can the Minister clarify the guidance? Will individuals and families be encouraged to or discouraged from using public transport to travel to leisure and hospitality facilities? If they travel, will they be required to wear a face covering? If they do not do so, will they be stopped from using public transport?

[Baroness Vere of Norbiton [V]]

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.

Covid-19: Walking and Cycling

Debate between Lord Rosser and Baroness Vere of Norbiton

Monday 8th June 2020 Lords Chamber

[Baroness Vere of Norbiton [V]]

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.

[Lord Rosser (Lab) [V]]

Government figures indicate that, nationally, increases in cycling and walking in the light of Covid-19 will result in fewer journeys by public transport and not fewer journeys by car, which people now regard as a safer means of transport. What do the Government intend to do to promote cycling and walking as an alternative to the car, rather than it being an alternative to public transport, as is happening now?

[Baroness Vere of Norbiton [V]]

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.

Covid-19: Public Transport

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 2nd June 2020 Lords Chamber

[Baroness Vere of Norbiton]

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.

[Lord Rosser (Lab)]

Given that, at least in the short to medium term, the economics of public transport are likely to be altered by lifestyle changes resulting from Covid-19, such as more people working from home and less international travel, will the Government provide financial support to public transport operators while they adjust to lifestyle changes of this kind once the pandemic is finally brought under control?

[Baroness Vere of Norbiton]

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.

Covid-19: Public Transport Safety

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 12th May 2020 Lords Chamber

[Baroness Vere of Norbiton]

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.

[Lord Rosser (Lab)]

First, while public transport is a devolved issue, railway services and bus routes cross the borders between UK nations; I think that a few stations in England are also managed by Transport for Wales. It is therefore vital that the different UK nations develop public transport, passenger and staff safety guidance together and in line with each other. Can the Government give an assurance that the guidance that has been announced has also been agreed with the Governments of the devolved nations? Secondly, I am not sure that the Minister answered my noble friend Lord Berkeley’s question about existing benefits being maintained for bus drivers; for example, those who decline to continue to work because they feel that their safety is being compromised.

[Baroness Vere of Norbiton]

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.

Aviation and Tourism: Cancellations

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 5th May 2020 Lords Chamber

[Baroness Vere of Norbiton]

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.

[Lord Rosser (Lab)]

Which? magazine has reported that a quarter of those with a cancelled flight in April were not offered a refund, and 19% were waiting to hear back, with figures much the same for those who had a holiday cancelled. Indeed, I was given an example this morning of British Airways still not having delivered on a promised refund, a month later. The Government decide what financial support to give our key travel and tourism industry to keep firms afloat, but the Government and the Civil Aviation Authority should not be allowing consumers’ clear statutory rights to be ignored by some parts of the industry. I return to the point made by the noble Lord, Lord Blencathra: when will the Government and the CAA act to protect the rights of consumers whose financial position may now be critical, as opposed to simply talking about doing so?

[Baroness Vere of Norbiton]

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.

Passenger Train Services

Debate between Lord Rosser and Baroness Vere of Norbiton

Wednesday 29th April 2020 Lords Chamber

[Baroness Vere of Norbiton]

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.

[Lord Rosser (Lab)]

First, can the Government confirm when the Williams Rail Review will be published? Is the publication date being put back by Covid-19? Secondly, do the Government share the view that the present divided responsibilities, for track and signalling on one hand and train operation on the other, cannot continue and that these divided responsibilities should now be brought together, or at the very least be brought together under an overarching holding company or authority?

[Baroness Vere of Norbiton]

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.

Air Traffic Management and Unmanned Aircraft Bill [HL]

Debate between Lord Rosser and Baroness Vere of Norbiton

Committee stage & Committee: 2nd sitting (Hansard): House of Lords & Committee: 2nd sitting (Hansard)
Wednesday 12th February 2020 Lords Chamber

[Lord Rosser]

I have written down an item about Schedule 10 and I will speak in particular to paragraph 6 of Schedule 10, which allows for supplementary provision to be made by regulations with respect to fixed penalty notices, including to the extent of amending or repealing provisions by an Act of Parliament. Paragraph 6(1)(b) of Schedule 10 also states that the Secretary of State may by regulations make

“provision about the consequences of providing false statements in connection with fixed penalty notices, including provision creating criminal offences.”

In their memorandum to the Delegated Powers and Regulatory Reform Committee, the Government’s justification for this power to create criminal offences through regulations, which cannot be subject to amendment, appears to be at least in part that there is a precedent in Section 54 of the Space Industry Act 2018. That Act was in essence a skeleton Act, which the Government told us was needed on the statute book before it could be properly fleshed out—hence so much being left to subsequent regulations—to provide assurance or comfort to the emerging UK space industry that the Government were prepared to give it the legislative backing and certainty it required. I suggest that the same consideration hardly applies here in relation to fixed penalty notices and the creation of criminal offences.

The Government say that the powers in paragraph 6(1)(b) to create criminal offences are needed to ensure that provision can be made for the consequences of providing full statements in connection with fixed penalty notices. But what kind of criminal offences are we talking about which are apparently so unique that the Government cannot formulate them now and put them in the Bill? Alternatively, since the Government refer only to the

“possibility of creating criminal offences in relation to false statements,”

why not first determine what those new criminal offences are that need creating and then include them in the next suitable Bill, where they can be fully debated and amended?

The Government clearly regard this Henry VIII power to be of some significance, since they state in their memorandum to the DPRR Committee that

“the regulations may create criminal offences and make provision about the process around appeals, and there is therefore the potential for significant impact to the public, police and judicial system.”

However, despite that potential for significant impact, the Government think it appropriate to use Henry VIII powers and regulations rather than primary legislation, which is invariably more fully debated and which, unlike regulations, can be amended. So can the Government give a somewhat fuller explanation of why having the powers to which I have referred in Schedule 10 is so crucial and, in their view, unavoidable, as opposed to them being powers, frankly, of administrative convenience to the Government?

[Baroness Vere of Norbiton]

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.

--- Later in debate ---

[Baroness Vere of Norbiton]

I thank my noble friend for his additional data, to be added to the information I will be collecting before too long.

[Lord Rosser]

It is a sobering thought that, as I understand it, the Government have said that no legislation could prevent what happened at Gatwick happening again or even reduce its likelihood. That seems to be the Government’s stance. I apologise for my ignorance in advance, but can the Minister confirm that there is a report into the incident at Gatwick Airport in December 2018, and can it be made available?

--- Later in debate ---

[Lord Rosser]

My Lords, I have an almost identical amendment to that moved by the noble Baroness, Lady Randerson. I am sure that nobody wishes to hear me deliver virtually the same speech as the one delivered by the noble Baroness. I support what she has said and hope we will find that the Government do too.

[Baroness Vere of Norbiton]

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.

--- Later in debate ---

[Baroness Vere of Norbiton]

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.

[Lord Rosser]

I thank the Minister for her response, and I beg leave to withdraw the amendment.

--- Later in debate ---

[Baroness Vere of Norbiton]

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.

[Lord Rosser]

I thank the Minister for her response, and I beg leave to withdraw the amendment.

Hammersmith Bridge

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 7th January 2020 Lords Chamber

[Baroness Vere of Norbiton]

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.

[Lord Rosser (Lab)]

What percentage of the cost of repairing Hammersmith Bridge do the Government believe they themselves should bear?

Railways (Safety, Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations 2019

Debate between Lord Rosser and Baroness Vere of Norbiton

Wednesday 30th October 2019 Grand Committee

[Lord Rosser (Lab)]

My Lords, I too thank the Minister for explaining the content and purpose of this draft statutory instrument, which relates to a no-deal scenario. I also thank the Minister and her officials for the meeting yesterday. I do not think that anything I am going to say will come entirely as a surprise to the Minister and I am afraid that I will repeat some of the points made by the noble Baroness, Lady Randerson.

I have a number of questions about the content of the Explanatory Memorandum, some of which will, no doubt, relate to issues about which I am still not entirely clear. First, how does an EU portable Part A safety certificate currently differ from a Part A safety certificate from the Office of Rail and Road, if at all, and how will they differ in the future? When introducing this SI, the Minister said that the two-year period to which this SI relates,

“provides an appropriate amount of time in which industry can prepare and align themselves with the Great British domestic certification regime”,

before going on to talk about it giving Great Britain “appropriate control”. In the light of that comment about giving time for the industry to prepare and align itself with the British domestic certification regime, what will the industry have to do in the two-year period to achieve that preparation and alignment with the British domestic certification regime? What actions will it have to take, because there has been talk of there being similarity between the two? It would be helpful if that comment could be clarified; it was also made by the Transport Minister in the Commons when the SI was debated there. I am not entirely clear about what the industry will have to do in that two-year period to prepare and to align itself with the domestic certification regime.

Will operators of services travelling from mainland Europe to the UK require both a UK Part A safety certificate and a Part A certificate issued in an EU member state? Clarification on that point would be helpful. Will a mainland Europe operator with a Part A certificate issued in an EU member state have to acquire a UK Part A safety certificate before bidding for a rail franchise, or will it have to acquire such a certificate only if it is successful in its franchise bid?

What is the position for a train operator in Northern Ireland? What Part A certificate will it require? Will it be a UK one or an EU member state one? Paragraph 4.1 of the Explanatory Memorandum, headed “Extent and Territorial Application”, suggests that, in Northern Ireland, an operator will have an EU member state-issued Part A safety certificate because, as I understand it, it is not covered by the part of the SI that relates to the Part A safety certificates. Once again, some clarification of that issue would be extremely helpful.

In addition, if an operator in Northern Ireland has an EU member state-issued Part A safety certificate, who will issue it and who has issued the current Part A safety certificate? Who has issued the current one and who will issue a future one if the train operator in Northern Ireland had an EU member state Part A certificate rather than one issued by the Office of Rail and Road?

I want to make two points on the Explanatory Memorandum, one of which is exactly the one made by the noble Baroness, Lady Randerson, about paragraph 2.5. I know that I am repeating what has already been said but, to recap, it states:

“The UK notified the Commission on 29 November 2018 that it intended to transpose the recast Railway Safety Directive by the later permitted transposition deadline of June 2020, though this will depend on the nature of Brexit on 31 October 2019”.


My question is slightly different from that posed by the noble Baroness and is simply to ask what the current position is on transposing the recast directive. Since the memorandum refers to it being dependent on the nature of Brexit, how will the nature of Brexit affect the transposition?

Finally, paragraph 2.11 of the Explanatory Memorandum states that, once the UK has left the EU:

“There will be an opportunity for the UK to shape its own railway to meet the needs of our passengers and freight shippers”.


What will we be able to do in the future to shape our own railway that the Government are in effect saying we cannot do at the moment under the present arrangements? I am not entirely clear on the answer to that question.

[Baroness Vere of Norbiton]

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.

--- Later in debate ---

[Lord Rosser]

Paragraph 2.11 of the Explanatory Memorandum states that,

“once the UK has left the EU we will have the flexibility to diverge from EU rail law where it is in the UK’s interest to do so, whilst maintaining our excellent safety record. There will be an opportunity for the UK to shape its own railway to meet the needs of our passengers and freight shippers”.

The inference is that we do not have that opportunity under the current arrangements. What are these opportunities to shape our own railway to meet the needs of our passengers and freight shippers that we do not have at the moment because of current arrangements?

Also, on the bit about alignment with the British domestic certification regime, I think that was something the noble Baroness the Minister said in her introduction, but it was certainly something the Minister of State said when this matter was being discussed in the House of Commons. Those were the words he used—so it is hardly the Explanatory Memorandum; it was actually what the Minister said when he referred to,

“an appropriate amount of time for the industry to prepare and align itself”,

with what he described as,

“the Great British domestic certification regime”.—[Official Report, Commons, 21/10/19; col. 4.]

I get the impression from the Minister’s answer on behalf of the Government that maybe that was some slightly flowery wording and perhaps he got a bit carried away with himself.

[Baroness Vere of Norbiton]

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.

Electric Scooters

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 29th October 2019 Lords Chamber

[Baroness Vere of Norbiton]

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.

[Lord Rosser (Lab)]

Can the Minister tell us the extent to which people are being fined or charged for using an e-scooter contrary to the law? I ask that as one gets the impression, rightly or wrongly, that that is rarely the case. Are the Government of the view that it is probably better for such action not to be taken against those using e-scooters, pending the outcome of the review?

[Baroness Vere of Norbiton]

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.

Railways: Trans-Pennine Freight

Debate between Lord Rosser and Baroness Vere of Norbiton

Monday 7th October 2019 Lords Chamber

[Baroness Vere of Norbiton]

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.

[Lord Rosser (Lab)]

My Lords, capacity for rail freight is a key priority. Will the Government show that through an undertaking that that they will give the same priority, with the same timescales, to increasing capacity for rail freight across the Pennines as they say that they intend to do for rail passenger traffic across the Pennines?

[Baroness Vere of Norbiton]

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.

Draft Heavy Commercial Vehicles in Kent (No. 1) Order 2019

Debate between Lord Rosser and Baroness Vere of Norbiton

Monday 7th October 2019 Lords Chamber

[Baroness Vere of Norbiton]

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.

[Lord Rosser]

The Minister made reference to 125 traffic officers and three-month contracts that could be extended. Does that indicate that problems may arise immediately after 31 October that the Government think will diminish—not disappear—sufficiently over the three-month period so as to not need 125 traffic officers?

--- Later in debate ---

[Lord Rosser]

I appreciate that the Minister has not had a chance to get around to answering this point. I am sure that there are a number of areas that unions representing drivers will be interested in. I am sure that they would be interested if it turned out that the working time directive went for a fourpenny one—to use that expression—immediately the severe disruption powers were activated. If the Government’s answer is that that will be the situation, have the trade unions been advised of that?

[Baroness Vere of Norbiton]

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.

[Lord Rosser]

The context in which I asked whether the powers had been used before—bearing in mind that there is now a reference to severe weather or industrial actions—was about whether they had been used in the context of severe weather or industrial action. If they have not, the power in these SIs is not related purely to Brexit; it is, in fact, a new provision being brought in. In other words, you can use these powers if you want to, in relation to severe weather or industrial action. I do not think that the Minister understands my point. The Government have said that these powers to suspend the working time directive have not been used before. But we have a reference here to the possibility of them being suspended in relation to severe weather or industrial action—which is not something necessarily related to Brexit.

[Baroness Vere of Norbiton]

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—

Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019

Debate between Lord Rosser and Baroness Vere of Norbiton

Monday 7th October 2019 Lords Chamber

[Lord Rosser (Lab)]

Once again, I thank the Minister for her explanation of the content of this SI, its purpose and objectives. As she said, it revokes and replaces an SI already passed by this House and it is necessary because the EU has revoked and replaced its own regulations on this issue. This SI makes the necessary changes to the new version of the EU regulations.

I, likewise, only have a couple of points to raise. The first relates to paragraph 7.8 in the Explanatory Memorandum, which says:

“In Regulation (EU) 2019/712, it is the Commission that both conducts the investigation and then, if appropriate, pursues redressive measures. The effect of the changes in this instrument is that the CAA will make a recommendation to the Secretary of State following its investigation, and the Secretary of State may then decide to adopt redressive measures. Such redressive measures will be adopted by regulations in a Statutory Instrument, subject to the affirmative procedure in Parliament”.


Does the reference to the regulations being adopted in a statutory instrument refer to the form that the redressive measures can take that will be adopted by an SI, or should the redressive measures be imposed in a particular case that will be adopted by the statutory instrument referred to in paragraph 7.8?

Secondly and finally, the “Consultation outcome” paragraph, paragraph 10.1, is not terribly specific about whether the consultation resulted in support from those consulted for this SI or not. For the purpose of clarity, will the Minister say whether any objections or issues were raised about this SI by the aviation industry, the travel industry and consumer representatives, or were they all happy with its content as it stands?

[Baroness Vere of Norbiton]

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.

Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019

Debate between Lord Rosser and Baroness Vere of Norbiton

Thursday 26th September 2019 Lords Chamber

[Lord Rosser (Lab)]

I once again thank the Minister for explaining the purpose and effect of these regulations. As has been said, the obligations and requirements in relation to the construction, installation, use, testing and control of tachographs are set out in EU Regulation 165/2014, with the enforcement provisions for these obligations and requirements in the Transport Act 1968 and subsequent regulations made under those provisions.

EU Regulation 165/2014 also provided for detailed provisions relating to new smart tachographs, to be set out in further implementing Acts. Those implementing Acts were adopted via Commission implementation regulation, which came into force on 2 March 2016 and provided for the new smart tachograph requirements to apply in respect of relevant vehicles first registered in member states from 15 June 2019.

As the Minister said, in domestic law, where a vehicle is required to be fitted with a tachograph, that tachograph must have been installed, comply with or be used in accordance with EU Regulation 165/2014, with a person using a vehicle in breach of any one of those requirements having committed an offence. As has been said, these provisions need to be updated so that they may also apply to breaches of the new smart tachograph requirements applicable from 15 June 2019.

I want to raise one query, which may show that I have not really understood the regulations particularly well. Why was this SI not approved prior to 15 June 2019? If the new smart tachograph requirements apply in respect of relevant vehicles first registered in member states from 15 June 2019, and we have not had the enforcement mechanism, does that mean that it has not been possible to take action for breaches of these new smart tachograph requirements in respect of such vehicles in this country? Have I understood that correctly? Could vehicles registered in this country have breached those requirements because the powers were not there to do anything about them? Is that what this is saying, or have I misunderstood, which I accept is quite possible? I would be grateful if the Minister could clear that one up. Obviously, it would be fairly significant if we had been unable to take action in respect of certain vehicles because this SI was not brought forward in time. As I said, I may have misunderstood the documentation that we received.

I also have a couple of other points. In the event of these arrangements coming in, what additional resources, if any, will be provided by the Government to ensure that the new regulations in relation to smart tachographs are actually followed? Will there be a need for additional resources? After Brexit, if the EU expands the types of vehicle that must be fitted with tachographs, will the Government follow suit and adopt those changes to EU regulations?

On my final point, and once again, my information may prove wide of the mark, I understand that the new smart tachographs can communicate remotely with roadside enforcement officers. Has the Driver and Vehicle Standards Agency developed the technology required to remotely monitor data gathered by smart tachographs? I ask that because there are suggestions—I choose that word specifically—that the DVSA has not developed this technology. If that is the case, what is the point of smart tachographs if we do not have the technology to collect the data they create?

[Baroness Vere of Norbiton]

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.

[Lord Rosser]

Is the Minister saying that we could have vehicles that have been first registered since 15 June that only have or choose to operate the new smart tachograph requirements and that, until now, we have not had any statutory means of enforcing the regulations because this SI had not yet been put before Parliament? I appreciate that the noble Baroness has said that the numbers will be very small, but am I right in saying that there could be vehicles running around with the new smart tachographs for which powers do not exist to enforce the requirements, because this has been delayed?

[Baroness Vere of Norbiton]

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.

High Speed Rail (West Midlands–Crewe) Bill

Debate between Lord Rosser and Baroness Vere of Norbiton

2nd reading (Hansard): House of Lords
Monday 9th September 2019 Lords Chamber

[Baroness Vere of Norbiton]

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.

[Lord Rosser]

Can I take it then, in the light of that comment, that the Government are not prepared to rule out this project being cancelled?

[Baroness Vere of Norbiton]

The Prime Minister has been very clear that nothing has been taken off the table. Imagine if the numbers came out as £100 billion to build it with benefits of only £50 billion. The noble Lord might have a slight problem with saying yes to a project with numbers like that. We know that things are under review, but we have also seen the report from Allan Cook—

[Lord Rosser]

I would agree, if we were faced with figures such as those which appeared to completely change the situation, but I imagine that if we reached that stage there would be an immediate inquiry into how the original figures were ever produced.

[Baroness Vere of Norbiton]

That may well be the case, but we are now talking about hypotheticals, so I suggest that we wait until the review has finished and look at its conclusions in the context of the report from Allan Cook. The Government will make a decision at that time.

I turn to the comment of the noble Lord, Lord Birt, about why we do not have a long-term railway strategy. That is exactly what we are doing at the moment with the Williams rail review, which is looking at the status of the rail network and the service operators to see whether and how we can improve the system for the future.

I turn to some of the more specific points raised by noble Lords. There was a bit of discussion around investment in the north and how important it is; that was brought up by the noble Lord, Lord Wallace of Saltaire, and the noble Baroness, Lady Randerson. It is of course absolutely critical, as the Government recognise. Northern Powerhouse Rail could be transformative for the north, but probably not in isolation. It needs to be part of a larger project, which is why the Government are supporting Transport for the North to develop the options for Northern Powerhouse Rail. We committed £60 million at the spending review in 2015 and £37 million in 2018, which is on top of the £300 million we have committed to make sure that HS2 infrastructure accommodates a future Northern Powerhouse Rail and Midlands services. Therefore it is part of a bigger project, and other developments are certainly being included.

On the Oakervee review and accountability, I have already mentioned that costs, timescales and benefits will all be tied up in the review. The noble Lord, Lord Tunnicliffe, spoke about accountability and HS2. I refer him to a comment made by my colleague the Transport Secretary, who was very clear that he wanted us to be as transparent as possible. That includes on costs and schedule, which is why we published the Cook report. The noble Baroness, Lady Kramer, raised that as well. Therefore, there will be more transparency and accountability. We are not minded to introduce quarterly reporting on HS2 at the moment, as it already provides reports to Parliament, as required by the framework document, and we believe that that level is proportionate and sufficient. Of course, noble Lords may request debates on HS2 at any time.

The noble Lord, Lord Adonis, claimed that it was a bit left hand/right hand, given my opening remarks and the fact that we are having a review. However, I do not see it like that. The process for HS2 is positive, and the review we are having is a sensible reconsideration of the facts. A sensible reconsideration should never be confused for a lack of support.

A number of noble Lords mentioned whether work should continue during the Oakervee review. Certainly, the Prime Minister was very clear that the fact that we are having a review should not unnecessarily delay the progress of HS2. That would be wrong, and it would mean that costs would rise. That is why limited enabling works are being undertaken by HS2, and why your Lordships are being asked to consider phase—

Egypt: Suspension of Flights

Debate between Lord Rosser and Baroness Vere of Norbiton

Monday 22nd July 2019 Lords Chamber

[Baroness Vere of Norbiton]

This is an operational matter for BA. It has taken the measures it has as a precaution, and it is up to it to decide how it operates. I am happy to confirm to the noble Baroness the travel advice currently on the Foreign and Commonwealth Office website, which has not substantively changed. While it does not advise against travel to or from Cairo Airport, it reminds visitors that:

“Terrorists in Egypt likely maintain the intent and capability to target aviation. The greatest threat is on the Sinai Peninsula where Daesh operate with greater freedom, but terrorists are active in Mainland Egypt, including Cairo”.

[Lord Rosser (Lab)]

In the light of the Government’s answer—that it is British Airways’ own decision to do this, based, presumably, on its information and intelligence—have the Government contacted British Airways to ask what information it has that has led it to this decision?

[Baroness Vere of Norbiton]

I am reluctant to go into great detail about security matters but I can assure the noble Lord that the Government remain in close contact with all UK airlines about security matters that could affect their operations. We are also in contact with our partners around the world, as appropriate.

[Baroness Vere of Norbiton]

I thank my noble friend for his observation; I know that he speaks with great experience. It is entirely reasonable for individual airlines to make appropriate operational decisions. In the case of British Airways, it has taken the decision that it has as a precautionary measure.

[Lord Rosser]

I do not wish to upset the noble Lord, Lord Tebbit, but I do not think that I have challenged the right of British Airways to make this decision or said that it may not be an entirely sensible one. But clearly, if the Government have some idea as to why BA has made this decision, why are they not advising other airlines flying direct from Britain to Cairo to take similar action in respect of their flights?

[Baroness Vere of Norbiton]

I am sure the noble Lord will understand that I cannot go into much further detail about the security information, where it might have come from and who might have had it, whether that is airlines or nation states. Suffice it to say that we maintain a good and open relationship with all UK airlines and they are able to make their own operational decisions.

Buses: Rural Services

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 16th July 2019 Lords Chamber

[Baroness Vere of Norbiton]

I quite agree with the noble Lord that we need new thinking in this area. It is not just about money; this Government are supporting road passenger transport 12% more in real terms than the last Labour Government. It is about being innovative. The noble Lord was right to name a number of schemes, and I would be grateful to receive more information on them. Schemes that we are already looking at include demand-responsive transport, whereby people in isolated areas can, either on their smartphone or using their traditional phone, call up and get transport to services they need.

[Lord Rosser (Lab)]

My Lords, across England as a whole the number of bus passenger journeys is falling, even though the population is increasing. Last year, the Campaign for Better Transport published a report drawing attention to the crisis in rural transport due to bus cuts and shrinking transport networks, which were leaving people unable to access jobs and creating increasingly congested roads. One of the Campaign for Better Transport’s recommendations was that there should be long-term, ring-fenced, central government funding for rural local authorities to improve, and not just maintain, public transport. Do the Government agree with that recommendation? If so, how much new, additional money do they think local authorities in rural areas alone would need per year to deliver that recommendation?

[Baroness Vere of Norbiton]

The noble Lord is right that the number of trips on buses is declining, although they represent 55% of all journeys on public transport. But it is also the case that the total number of trips taken by individuals is declining, and therefore the share of trips on buses has remained around about the same. To go back to the noble Lord’s point about funding, the Government are providing ring-fenced funding where it is needed. For example, we have provided £43 million of ring-fenced funding, which is paid to operators to support less viable services within their communities. We have also provided £65 million of rural services delivery grant, because we recognise that providing services in rural areas is more difficult.

Railways: Newcastle and Edinburgh

Debate between Lord Rosser and Baroness Vere of Norbiton

Monday 24th June 2019 Lords Chamber

[Baroness Vere of Norbiton]

It is the Government’s policy that trains should operate as safely as possible, and certainly it will be necessary to have a guard on board some services. However, on shorter routes it is not necessary to have a guard. Having a train driver who is also responsible for opening and closing the doors is perfectly acceptable.

[Lord Rosser (Lab)]

My Lords, I think that the noble Baroness referred to more open access services coming up. I think she said that they would be operated by FirstGroup, but if I misheard her, I am sure that she will correct me. Does that mean that the Government already know that the Williams review, which is currently looking at the structure of the industry, will advocate the increased or continuing use of open access, which suggests that the noble Baroness already knows what the response of the Williams review on that point is going to be?

[Baroness Vere of Norbiton]

We do not know what the Williams review is going to say on that or indeed any other point, but it will be a root-and-branch review of the entire system so that we can create a railway system fit for the 21st century and build up a blueprint of how our future on the railway will look. The review will look at reforms to the structure of the industry as well as to the commercial model within which it operates. Some 600 responses have been made to the call for evidence, so noble Lords will understand that it will take quite a while to go through them all. As regards the new services on the east coast main line, that was an open process conducted between 2014 and 2015. The operator has been granted track access rights from 2021 to operate those services.

Brexit: European Union’s No-deal Continuity Arrangements

Debate between Lord Rosser and Baroness Vere of Norbiton

Thursday 13th June 2019 Lords Chamber

[Baroness Vere of Norbiton]

The noble Lord is right in that the mini-deals make any potential exit from the EU without a deal less difficult. But they are, as I have said, time-limited and there will need to be further negotiations when they expire. With regard to Dover, the Government are working to enable cross-channel traffic and goods to continue to move as freely as possible. Government departments have designed customs and additional control arrangements at the UK border, in a way which ensures that goods will be able to flow into and out of the country, and will not be delayed by additional controls. It is true that on the other side of the channel, the French customs authorities have pulled their finger out and installed additional control points. These mean that delays on this side of the channel will be less; however, they will not disappear completely and we therefore cannot expect trade to continue precisely as it did before.

[Lord Rosser (Lab)]

What will be the consequences for air and road haulage traffic between the UK and the EU under no deal if further arrangements beyond the time-limited period are not agreed with the EU, perhaps because we have, for example, declined to pay the £39 billion currently provided for on our departure from the EU?

[Baroness Vere of Norbiton]

The noble Lord is quite right that there are multiple mini-deals. They expire at different times and we will look to the EU to extend them. It is in the EU’s gift to decide whether to extend them, as it is in our gift to decide whether to reciprocate. Any elements of the arrangements surrounding our withdrawal will, I believe, impact on our ability to negotiate these agreements.

Bus Services

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 4th June 2019 Lords Chamber

[Baroness Vere of Norbiton]

My Lords, I do not think that cancelling all road-building schemes would be beneficial to buses. One of the biggest barriers to entry for bus usage, which was identified by the Transport Select Committee is reliability, and reliability is a function of congestion. For example, the Government are investing £2 billion in the Transforming Cities Fund. What these funds are trying to do with the six metro mayors and other city regions is to ease congestion, put in bus prioritisation schemes and make sure that the buses connect with other forms of transport. Cutting road building would not be beneficial but there is money available for people to improve their local infrastructure.

[Lord Rosser (Lab)]

With eight areas in Wiltshire having breached harmful nitrogen dioxide levels, last week the Gazette and Herald local newspaper carried an editorial headed “More buses key to beating fumes”. It stated:

“Priority must be given to the pollution caused by heavy traffic”,


before concluding:

“A good start would be to ensure public transport is improved to such an extent that thousands upon thousands of private cars are left at home when they would otherwise have been belching fumes and contributing to an environmental disaster”.


In the light of the reduction by 46%, or £171 million, in spending by local authorities in England on supported bus services since 2010-11, with over 3,000 routes being reduced, altered or withdrawn largely as a result of the severe government squeeze on local authority finances, do the Government now agree with the Wiltshire Gazette and Herald editorial on the need to ensure that public transport is improved for environmental reasons?

[Baroness Vere of Norbiton]

I agree with the noble Lord that public transport needs to be improved for environmental reasons. That is why we need to take a cross-modal approach and look at all possible ways of improving it. He mentioned the environment, and we are cleaning up our bus services. Since 2010, we have committed £240 million to replace or upgrade buses—that is, 7,000 cleaner buses. At the moment, local authorities that have not succeeded in this have access to specific funds to make sure that they can get their dirty buses off the road and replace them with cleaner buses. Nowadays, nearly one in five buses is a low-emission vehicle.

Connecting Europe Facility (Revocation) (EU Exit) Regulations 2019

Debate between Lord Rosser and Baroness Vere of Norbiton

Monday 20th May 2019 Lords Chamber

[Lord Rosser (Lab)]

The Connecting Europe Facility for transport, or CEF, aims to support investments in building new transport infrastructure projects in Europe or in refurbishing and upgrading existing ones. On departure from the EU, CEF funding that has previously been agreed by or on behalf of the EU Commission for us may not be paid out if a withdrawal agreement is not in place. This statutory instrument gives the Secretary of State the power to make good any shortfall in funding encountered by UK participants.

I too have a few questions. When will we know whether CEF funding previously agreed will or will not be withdrawn, and will we have any influence over that decision or is it one purely for the EU Commission? Will the decision be a blanket one, or on a project-by-project basis? As of today, how many CEF-funded projects, and what are those projects, are potentially at risk of having their previously agreed funding not paid as a result of our withdrawal from the EU? What is the total amount of funding to UK participants that is potentially at risk in this way, and in respect of which the Government would have to make up that shortfall? Will the Government provide sufficient money to complete a CEF-funded project, and from which budget would that government money come? Can the Government give an assurance that it would not come out of the Department for Transport budget?

Paragraph 2.3 of the Explanatory Memorandum states:

“In response to concerns raised, the Government has removed from the instrument the provisions that would revoke the TEN-T Regulation and the European Rail Network for Competitive Freight Regulation while it responds to the concerns raised”.


What were those concerns raised, and by whom? Paragraph 6.3 of the Explanatory Memorandum states:

“Grants are applied for in semi-annual calls for funding and applications are made direct to the Commission. The UK Government has a limited role in the application process, but no role in the decisions on whether or not to grant funding to specific projects”.


Can the Government confirm that this situation applies to the present circumstances rather than following departure from the EU with or without a deal? If that is correct, why do the UK Government have only a limited role in the application process and no role in the decisions? Finally, paragraph 7.2 of the EM states at the end of the paragraph:

“Correcting these deficiencies would require the UK to set up an enforcement mechanism (including a process for agreeing exemptions) for EU imposed standards over which the UK would have no control”.


Can the Government say how extensive or elaborate this enforcement mechanism would have to be, who would be responsible for it, and how much it would cost per annum?

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

I thank all noble Lords who took part in the debate, which has been short but good. I was doing very well, but, unfortunately, I missed that last question, so I will definitely have to write on it, and that will be supplemented by anything else that I am not able to cover this evening.

The SI that we are discussing today, as many noble Lords noted, was prepared to enable the continuation of funding to UK organisations involved in trans-European network projects in the event the UK leaves the EU without a withdrawal agreement in place.

I will give a tiny bit of further background to the statutory instrument. It revokes regulation 1316/2013 on the Connecting Europe Facility—the CEF regulation. The Connecting Europe Facility is an EU funding programme to support the development of trans-European infrastructure networks for transport, energy and telecommunications. The CEF regulation sets out the conditions, methods and procedures for providing for EU funding for projects relating to the three trans-European networks. It also establishes the amounts of funding available for the period of the 2014-2020 multiannual financial framework.

The first question for the Government in considering how to handle this regulation was whether we needed to retain it in UK law. As the CEF regulation deals with internal EU mechanisms, it will be redundant and will serve no purpose as retained EU law under Section 3 of the European Union (Withdrawal) Act 2018. This instrument therefore revokes the CEF regulation, as well as the Commission delegated regulation 2016/1649 which supplements it.

The second question for the Government was how to address the implications for the funding of TENs projects in the UK. It is possible that projects that have been awarded funding from the EU budget will still be due money, which may not be paid, or may not be paid immediately, by the EU in the event of a no-deal exit. In 2016, the Government announced a guarantee that projects in the UK granted EU funding before exit would continue to receive funding from the Exchequer if the EU payments they would have received were not made. This guarantee was extended in July 2018 to cover successful applications for EU funding until the end of 2020. The guarantee ensures that UK organisations such as charities, businesses and universities continue to receive funding over a project’s lifetime if they successfully bid into EU programmes before the end of 2020.

A number of noble Lords asked how much funding we are talking about. The amount for the 2014-20 period is €345 million. I believe that there are 44 live projects—I will happily provide a list of them—23 of which are completed but may not have received their final amounts, 20 of which are in process and one of which will continue after 2020.

That brings me to another important point. As the noble Lord, Lord Teverson, brought up, the guarantee extends to projects that have been successfully bid for before 2020. The funding will then continue; providing that the project has been bid for, it will get the money.

Rail Safety (Amendment etc.) (EU Exit) Regulations 2019

Debate between Lord Rosser and Baroness Vere of Norbiton

Monday 13th May 2019 Lords Chamber

[Baroness Vere of Norbiton]

I thank the noble Baroness, Lady Randerson, and the noble Lord, Lord Rosser, for their comments and for agreeing to meet me before discussing the regulations today. That was extremely helpful. Some of the issues I knew would come up; others, not so much. If I do not respond to all of them, I shall of course write.

I share the regret of the noble Baroness, Lady Randerson, that there is no functioning Northern Ireland Executive; I think that we all hope that one will be in place as soon as possible. A theme raised by both the noble Baroness and the noble Lord was the timing of the SIs and why noble Lords are here today to discuss them under the “made affirmative”, or urgent, procedure.

As has been pointed out by a number of people, these SIs are quite complex, particularly in terms of the legislation relating to Northern Ireland. It took a while to make sure that they were right. The noble Baroness said that Northern Ireland deserves better; I would say that actually it deserves the best. We wanted to make sure that the complexities surrounding these issues were absolutely nailed down before we laid the regulations. Timing was slightly against us—but, then again, the regulations were laid as negative; we did not expect them to be upgraded to affirmative. When they were upgraded and we looked at the parliamentary timetable, we realised that there might not have been time from that point until 29 March—there could have been time, but, as noble Lords will know, a number of committees need to consider these things—and decided that the best way forward was to lay the instruments as “made affirmative”. The noble Baroness was right to say that it is unusual, but it is not unique—I am sure that many noble Lords were here for the two debates preceding this one; they, too, were for “made affirmative” SIs. There were a number of SIs which, as we approached exit day, it was necessary to consider within the “made affirmative” procedure.

The noble Lord, Lord Rosser, asked me about 28 days—it is indeed 28 sitting days.

[Lord Rosser]

The Minister says quite rightly that the regulations are complex, but this is not the first set of complex regulations that has appeared from a department. Neither surely is it the first time that a department has suggested that it should be dealt with by the negative procedure and the committee has said that it should be the affirmative, and the department has agreed and it has still been done in time to put it through the proper affirmative procedure. So I ask again: why could this not be done by the Department for Transport? There is nothing unique about their being complex; there is nothing unique about a department saying that they should be negative, the committee saying that they should be affirmative and there still being time to do it through the proper affirmative procedure.

[Baroness Vere of Norbiton]

I completely accept what the noble Lord says. In certain parts of the organisations that had to deal with these things, the pressure on resources was quite significant. I am not prepared to say much more on that.

Safety and data sharing were also rightly raised by noble Lords. As the noble Baroness, Lady Randerson, pointed out, they are critical. The Government have no intention of compromising the safety of our rail network—or, indeed, anyone else’s. The Office of Rail and Road will be sharing data and we already have a very good relationship with it. I should like to go into a tiny bit more detail about this, because it is important. EU member states already have a number of cross-border rail arrangements with third countries covering a wide variety of arrangements, including border arrangements, sharing information about cases of accidents, the responsibilities of train operators—all sorts of things. For example, there is one between Croatia and Bosnia-Herzegovina and one between Poland and Russia, and both have negotiated bilateral agreements on cross-border rail arrangements. We anticipate that, as our relationship with the EU develops, we too will have these sorts of relationships. In the short term, the Office of Rail and Road will work very closely with its counterparts, as it already does, to enable it to continue to share information with EU and EEA member states. In particular, it is extremely important that we work closely with our immediate cross-border neighbours, France and the Republic of Ireland. Our engagement is going very well and we aim to sign a memorandum of understanding with both countries to enshrine co-operation agreements so that they can continue.

The noble Baroness asked what would happen if the ORR revoked a safety certificate belonging to an operator established in the EU and the UK: would the UK have a legal obligation to inform the EU? If the ORR issued a part B certificate based on an EU part A safety certificate, the ORR would be required to inform the EU safety authority that issued part A if it went ahead and revoked part B. She mentioned safety certificates that run out earlier. I believe that there is only one—most will be able to go up to the two-year sunset clause, and that organisation will be able to apply to the ORR for a new safety certificate.

Turning to the question of nine months, we have a new agreement with the EU, which has said that for nine months regulations will stay where they are. This obviously relates particularly to the Republic of Ireland and France, those being the countries we send most of our rail to, and I believe that nine months is a first step: there will obviously be more discussions to be had. The nine-month clock will start on the day we leave the EU. The noble Baroness raised an interesting point about operators going beyond France, for example. Operators are making their own arrangements to operate services beyond, and they have in place EU- issued operator licences, so I believe that people have already thought about that and are taking the appropriate steps.

The issue regarding Northern Ireland is interesting and important. It is a transferred matter and, in the absence of a functioning Northern Ireland Executive, it is right and proper that we preserve the status quo as much as we can. We therefore took the decision, given the connectedness of the network in Northern Ireland and the implications of that, that a different time limit was appropriate. Indefinite recognition of the various certificates in Northern Ireland is essentially the status quo. In the future, as it is a transferred matter, if there is a functioning Northern Ireland Executive that Executive will be able to make their own decisions. For the time being, however, it was agreed that this is the best way forward for Northern Ireland. Conversely, within Great Britain a decision has been made to match the sunset clause for these items to the sunset clause already in place for other types of rail licence.

The noble Baroness mentioned the consultation. We have carried out a fair amount of consultation. We wrote to 300 industry representatives and, as the noble Baroness mentioned, we had eight responses. I have not seen them but I will certainly write if they raised any particular issues. Workshops were also held and a technical notice came out on 12 October. The noble Lord, Lord Rosser, asked whether the unions were involved in the consultations. I believe that ASLEF was invited to the workshop but was unable to attend.

The noble Lord, Lord Rosser, mentioned the next railway package—the fourth railway package, otherwise known as the recast safety directive. There are two issues here: first, what happens if we have a deal; and secondly, what happens if we do not have a deal. During any implementation period that comes into force under the withdrawal agreement, the UK would be required to meet its EU obligations. This would include the transposition of the fourth railway package. We would obviously proceed with that in the implementation period to have it done by June 2020. If the withdrawal agreement is not ratified and the UK leaves without a deal, we will need to decide whether we will transpose the technical pillar of the fourth railway package. The decision will be made on what account to take up the fourth package as regards, for example—this is the important bit—cross-border services with the French. We will need to look at where we are and what needs to be implemented to make sure that those cross-border services can continue. There will obviously be sufficient time on both of these for scrutiny by your Lordships to ensure that these matters are conducted accordingly.

Work has already commenced on the rail safety directive. We have started the underlying work to transpose the recast safety directive as part of our existing obligations as an EU member state. As I mentioned, we expect to implement by June 2020 and have already notified the EU Commission that we will be doing this.

Will this be for ever? Status quo does not mean matching the EU. The issue is that we may—or we may not; it is not certain—want to take our safety regime in a different direction. That does not mean that our safety will be any less important to us, or that the safety of our passengers will be compromised in any way. However, it might mean that, if we diverge in the future from EU law because doing so might present opportunities for the UK to shape our railways in the way we want, the safety outcomes will be the same but our law might say something different. I am not saying that this will definitely happen; I am not saying that this is even remotely likely in the short term. But status quo certainly does not mean being in lockstep with the EU on the rail safety legislative framework in perpetuity.

I am sure there are a few questions I have missed. I will look at Hansard and make sure that I have all the responses to any remaining questions from both the noble Baroness and the noble Lord.

Electric Vehicles: Charging Points

Debate between Lord Rosser and Baroness Vere of Norbiton

Tuesday 7th May 2019 Lords Chamber

[Baroness Vere of Norbiton]

The noble Baroness will be aware that we are making good progress in that area. The Alternative Fuels Infrastructure Regulations came into force in November 2018 and they set out a number of things that have to happen in relation to charging points. I reassure all noble Lords that the Government stand ready: where the market fails, we will step in and make sure that there are appropriate charging points. As for range anxiety, as I understand it is known, Highways England has a fund of £15 million to make sure that there is a charging point every 20 miles on 95% of the strategic road network.

[Lord Rosser (Lab)]

My Lords, how many public electric charging points across the UK do the Government believe will be necessary and by when? On what assumption about the percentage of vehicles that will be electric is that figure based? What percentage of charging points do the Government expect to be provided by public investment—by local authorities—and what percentage by private investment?

[Baroness Vere of Norbiton]

As I mentioned, we expect the majority of charging points to be installed through private networks. However, there is the £400 million charging infrastructure investment fund, which consists of £200 million from government and £200 million from private investors. Shell and BP, for example, both now have their own charging point networks. We expect such private companies to step up and make sure that we have the necessary charging point infrastructure to meet the growth in the market.

Brexit: No-deal Ferry Contracts

Debate between Lord Rosser and Baroness Vere of Norbiton

Wednesday 1st May 2019 Lords Chamber

[Lord Rosser (Lab)]

My Lords, I beg leave to ask a Question of which I have given private notice.

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, in light of the Article 50 extension, the ferry contracts with Brittany Ferries and DFDS have now been terminated. The National Audit Office estimated the total termination cost to be £56 million. I am pleased to tell the House that the figure for termination is £43.8 million. Furthermore, the total amount for termination fees and running costs is a little over £50 million. These contracts were an important insurance policy to ensure the continued movement of medicines and other essential goods.

[Lord Rosser]

I thank the Minister for that response, which indicated the cost to the taxpayer of the contracts with Brittany Ferries and DFDS. Can the Minister confirm what actual benefit the taxpayer got in return for what I think she said was £43.8 million? What services were provided to the taxpayer? On top of that, the Government have already had to pay £33 million to Eurotunnel in return for no services whatever but to settle a legal case challenging the procurement process for the ferry contracts, and the DfT may now be facing legal action from P&O Ferries on the grounds that Eurotunnel has been unduly favoured. The Government’s answer is no doubt that they had no alternative but to make contingency arrangements because of their own failure over two years to conclude an acceptable Brexit deal, but they cannot argue that in relation to the £33 million to Eurotunnel or any payments to P&O Ferries. The Government always talk about getting value for money. In this case, we have had a lot of money but no value to the taxpayer. Is the Minister now going to apologise for the unnecessary expense that has been incurred and for the failures of the Government, and of the Secretary of State in particular?

[Baroness Vere of Norbiton]

I would like to focus on the first of those questions: what exactly was the benefit to the taxpayer? The benefit was that the taxpayer had an insurance policy. Like many organisations, the Government are able to take out insurance policies, and these contracts were precisely that. The benefit to the taxpayer is that the Government were able to ensure the continued movement of absolutely critical goods—what we call “class 1 goods”—into this country in the event of no deal. I am fairly sure that the noble Lord would have been the first to criticise the Government had these goods not got through.

Railways: Midland Main Line

Debate between Lord Rosser and Baroness Vere of Norbiton

Thursday 25th April 2019 Lords Chamber

[Baroness Vere of Norbiton]

I thank my noble friend, although I am not sure of the heating benefits of a tie, having never worn one. Of course, we must look at passengers’ comfort when they travel. Many factors make for a good passenger experience. A recent survey showed that the age and quality of the trains is very important.

[Lord Rosser (Lab)]

I, too, welcome the Minister. I agree that she has a hard act to follow in the noble Baroness, Lady Sugg, but I am sure that she will do so with flying colours. This Government have a record second to none when it comes to scrapping or deferring major railway electrification schemes. Indeed, it now appears as though the future of HS2, which the Minister mentioned, may become a political football in the quest for votes in the forthcoming Conservative Party leadership campaign. Two days ago the Environment Secretary, Mr Gove, told the 16 year-old climate change campaigner Greta Thunberg that she had been “heard”. If that statement was not merely a public relations platitude, why do the Government and some of their leading Members abandon or defer, and threaten to abandon or defer, major railway electrification projects in favour of the continuation of less environmentally friendly diesel or part-diesel services?

[Baroness Vere of Norbiton]

Electrification is merely a form of propulsion for trains. It is not the be-all and end-all. It comes at a cost, sometimes to local communities. For example, if we use bi-mode trains in diesel mode—I refer to modern diesel engines—there is no need for the intrusive wires and masts that concern local communities. The environmental impact of these trains is less than that of current ones. I believe that any thoughts of HS2’s demise are greatly exaggerated.

Equality and Human Rights Commission

Debate between Lord Rosser and Baroness Vere of Norbiton

Monday 16th October 2017 Lords Chamber

[Baroness Vere of Norbiton]

The chair of the EHRC has reached what I think we can say is a compromise with my noble friend Lord Shinkwin on the issue to which the noble Lord refers. On enforcement, obviously law enforcement is a matter for the police while investigation is certainly a matter for the commission.

[Lord Rosser (Lab)]

My Lords, I am reluctant to pursue from the Front Bench a case that apparently involves an individual Member of this House, but certain statements were made by my noble friend Lady Prosser in her question. It would be helpful to the House if the Minister was able to investigate what has been said and, perhaps in a letter to Members of the House, indicate which of the statements made by my noble friend Lady Prosser are correct and which the Minister does not believe are correct.

[Baroness Vere of Norbiton]

Of course I will be happy to do that and I will place a copy of the letter in the Library.

Fracking: Policing

Debate between Lord Rosser and Baroness Vere of Norbiton

Monday 9th October 2017 Lords Chamber

[Baroness Vere of Norbiton]

I agree with my noble friend. I said that it was a great shame about Scotland, but we must recognise that Scotland has a 50-year history and heritage of oil and gas exploration and drilling. It is a great shame that it will not be participating in this and a great shame that Grangemouth will potentially suffer.

[Lord Rosser (Lab)]

My Lords, the Lancashire PCC sought help from the Home Office to pay for the extra costs of policing fracking protests following a government decision overruling Lancashire County Council. This request has so far been declined, and the Minister for Policing has stated that,

“there is no central government funding stream available”.

Can the Government say whether the Lancashire PCC, who is responsible for the county’s police force’s budget, has the statutory power, if he so chooses to use it, to instruct his chief constable not to provide policing in connection with the fracking protests until such time as the Government agree to help with the additional expenditure incurred on the grounds that there is no provision within his police force’s budget for such expenditure and that money is not available from other parts of his budget? Is the answer yes, he has those statutory powers, or no?

[Baroness Vere of Norbiton]

I will have to revert to the noble Lord on whether he has those statutory powers. However, special grant funding has been used to support fracking protests before. In 2014, Sussex got £905,000. Greater Manchester applied for funding but it was refused because it was not a significant amount of its budget. However, in the case of Lancashire, the application for £3.1 million is still under consideration and no decision has yet been made.

Immigration (Health Charge) (Amendment) Order 2017

Debate between Lord Rosser and Baroness Vere of Norbiton

Thursday 9th February 2017 Lords Chamber

[Lord Rosser (Lab)]

My Lords, this is the first opportunity I have had to welcome the Minister to her new role. I thank her for the explanation of the purpose and thinking behind this order which we support. It brings into effect amendments to the Immigration (Health Charge) Order 2015. That order led to an annual immigration health charge, introduced, as the Minister said, on 6 April 2015, being imposed on non-EEA nationals applying for leave to enter or remain in the UK for a limited period. Those who pay it can access NHS services free of charge, apart from payments in respect of treatments or prescriptions for which UK residents have to pay.

The Minister has set out the reasons for making the amendments provided for in this order which, in essence, remove the immigration health surcharge exemption of intra-company transferees and their dependants, extend the human trafficking exemption to include victims of modern slavery and provide greater clarity in the interpretation of some rules in the Immigration (Health Charge) Order 2015.

I have two brief points. One of the amendments in respect of ICT workers has emanated from a recommendation of the Migration Advisory Committee. Are there any committees or other bodies looking at issues that might lead to further amendments to the Immigration (Health Charge) Order 2015? Or have we now reached the stage where the Government can confirm that they have no reason to believe that further amendments will be needed in the foreseeable future—and certainly not prior to our departure from the European Union?

In the House of Commons the Government said, as the Minister has reiterated today, that the immigration health charge collected £164 million for spending on the NHS in its first year of operation. These amendments could provide an additional minimum amount of £136 million for the NHS over 10 years. Can the Government give an assurance that the money raised from the immigration health charge represents additional money for the NHS which would not have been available had the charge not been in existence? The money raised must not simply be used to enable the Government to reduce the amount they provide to the NHS by the sum raised by the health charge.

[Baroness Vere of Norbiton]

My Lords, I thank noble Lords for their contributions. I shall address the specific issues raised where I am able to do so.

I say to the noble Baroness, Lady Walmsley, that I do not think this is a case of skewed priorities. It is, indeed, right and fair that we look to overseas visitors to make a contribution to the cost of the National Health Service when they use it. The noble Baroness seemed to imply that this was not a particularly large problem. However, overseas nationals using the NHS cost the NHS £2 billion a year, which I do not think is an insignificant sum. Non-EEA migrants cost the NHS £950 million a year. Again, that is not an insignificant sum. The cost for non-EEA temporary migrants, for example, amounts to £800 per person per year, which is quite a lot.

As regards the other issues raised by the noble Baroness, I am responding on behalf of the Home Office, not the Department of Health. Therefore, I hope that noble Lords will forgive me if I refer certain issues to the Department of Health for that department to answer their questions on those issues. However, I can address certain issues. The surcharge is collected by the Home Office but the NHS is currently, and will be, responsible for ensuring that charges are collected from the right patients. However, there will also be safeguards to ensure that no vulnerable patient is denied care when they need it.

The noble Lord, Lord Rosser, asked whether there were any other committees or bodies that might make further changes to the order. Removing the exemption for intra-company transferees was a recommendation of the Migration Advisory Committee, as was mentioned. The Government are not aware of any forthcoming committees or commissions that will make recommendations in connection with the surcharge. However, as with all government policies, the health charge is kept under regular review. The noble Lord also asked whether this money was additional cash for the NHS. I can confirm that the surcharge brings in additional money to the NHS to be spent in England, Wales, Scotland and Northern Ireland. The surcharge is an important source of new income for the NHS, which is shared by the NHS across the country using the Barnett formula.

The amendments bring intra-company transferees in line with other temporary migrants and provide an important clarification in respect of victims of modern slavery. The health charge helps the NHS remain sustainable, with migrants making a fair contribution to our health services while ensuring that our country remains the destination of choice for the brightest and the best. On that basis, I commend the order to the House.

Immigration and Nationality (Fees) (Amendment) Order 2017

Debate between Lord Rosser and Baroness Vere of Norbiton

Thursday 9th February 2017 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My Lords, the purpose of this order is to make minor technical changes to the Immigration and Nationality (Fees) Order 2016, which remains in place and continues to set out the overall framework and maximum amounts that can be charged for immigration and nationality functions, as agreed by Parliament last year.

The order before your Lordships’ House does not itself set fees; they are set by regulations which are updated annually. The regulations for 2017-18 fees are due to be laid before Parliament in March. The minor technical changes made by this order include bringing fees for entry clearance to the Channel Islands within the scope of the 2016 order. This change is being made following the extension of provision in the Immigration Act 2014 to those jurisdictions by way of Orders in Council, the effect of which will be to enable the Secretary of State to set fees in relation to them.

The order also makes express provision for the Secretary of State to charge for an approval letter in respect of applications for entry clearance to the Isle of Man as a tier 1 exceptional talent migrant. It will ensure that the scope of the charges set under the Immigration Act 2014 for above-basic Border Force officer services, such as attendance at premium airport lounges, or port-owned fast-track services, is broadened for the future, for example to cover above-basic services provided at sea. The order also permits a charge to be set for providing information in addition to the current services that include providing advice, training and assistance. We consider that this charge will better reflect the nature of the information and advice services we provide.

To be absolutely clear, this change does not affect existing Home Office basic status checking services, for example those provided to employers or landlords in the UK, which will continue to be provided free of charge. It does not affect in-country services, for example calls to employers’ or landlords’ helplines, or the nationality helpline, which will continue to be charged at local rates. Nor will it affect the availability of information for sponsors and educators. This order makes provision for international services only. Customers using these services are able to access more detailed information over and above the basic level of the service which is available online. This is a standard, free-to-use service available on GOV.UK in all cases.

We are also seeking to change the way in which fees for some information and advice are structured, adding scope for a fixed fee in addition to the per-minute fee currently provided for in the 2016 order. This is to accommodate likely changes to the overseas contact centre services, where a new service provider, who will assume responsibility for the service in May 2017, may offer and charge for webchat and email services in the future. The proposed maximum amount that can be charged for these new services is based on the per-minute rate set out in the 2016 order. To be clear, under the new contractual arrangements there are no plans to increase the per-minute fee for accessing telephone services overseas.

Lastly, the order will also update the description of an electronic visa waiver so that it accurately matches the process and policy intent, as set out in the Immigration Rules. This service enables visitors from Oman, Kuwait, the UAE and Qatar to travel to the UK without a visa.

I emphasise that we are not seeking to change the overarching framework for immigration and nationality fees, or the maximum fee levels that were agreed by Parliament and set out in the 2016 order. As I have already mentioned, the next set of immigration fees regulations, which are due to be laid in Parliament in mid-March, will come into force in April. They remain completely within the parameters agreed by Parliament and in line with the impact assessment published with the 2016 order.

It is important that we strike a good balance between the economic interests of the UK and the need to maintain a sound immigration system. Be assured that this Government will ensure that fees for immigration and nationality services enable the UK to retain its position as an attractive destination to work, study and visit. I beg to move.

[Lord Rosser (Lab)]

I thank the Minister once again for explaining the purpose and thinking behind the second order we are considering this afternoon. The order makes changes to the Immigration and Nationality (Fees) Order 2016, which sets out the maximum amount that the Secretary of State may charge for the provision of certain immigration and nationality-related services and products. In particular, this order extends certain provisions of the 2016 order to the Channel Islands and the Isle of Man. The powers that this order will give the Government in relation to the Channel Islands and the Isle of Man have until now been exercised by the Government under the terms of other fees regulations and powers.

In extending certain provisions of the 2016 order to the Channel Islands, this order, among other things, sets the maximum fee which the Secretary of State may charge a person who applies for entry clearance to the Channel Islands, with the actual fees to be set in subsequent regulations. As I understand it, though, in setting such a maximum fee—and, indeed, the maximum fee in relation to the approval letter in connection with entry clearance to the Isle of Man—the level of that fee must be consistent with the Home Office’s current laid-down approved charging policy. On the assumption that my understanding on that score is the case, I have no questions or queries to raise on the order.

[Baroness Vere of Norbiton]

My Lords, I thank the noble Lord for his contribution, and I can confirm that that is indeed the case. As I said earlier, we aim to set out shortly the individual fee levels for 2017-18 in regulations to be introduced by the negative procedure. This amendment to the 2016 fees order does not increase the maximum amounts that can be charged for any immigration or nationality service. The Government believe that those who use and benefit most from the immigration system should contribute more to the cost of the system, reducing the burden on the taxpayer. It remains the Government’s ambition to move towards a border, immigration and citizenship system that is fully funded by those who use it. I commend the order to the House.