Newly Qualified Young Drivers

Lord Swire Excerpts

Monday 11th November 2024 Lords Chamber

[Lord Hendy of Richmond Hill (Lab)]

Every death on our roads is a tragedy, and our thoughts remain with the families of everyone who has lost a loved one in this way. As I have said, the Secretary of State is meeting this week with some campaigners who, tragically, are in that position. There is a form of restricting novice drivers through the Road Traffic (New Drivers) Act 1995. On acquiring their first full licence, a new driver is on probation for two years. During that time, they are subject to a more rigorous limit of penalty points, and if they breach that they will lose their full licence. I have not seen the film that the noble Lord refers to but will certainly give that some thought.

[Lord Swire (Con)]

Granted, the priority must be to deal with the backlog of young people taking their driving test, in order to increase their productivity, but is it not also time to look again at the basic driving test, whereby a young person can pass and drive away from that test for the first time on either a motorway or in the dark?

[Lord Hendy of Richmond Hill (Lab)]

The Government and their agency are working extremely hard to reduce the backlog of driving test appointments, but it is also quite clear that people should be ready for the test at the time that they present themselves to take it. The department’s THINK! campaign, which is a road safety campaign, is aimed primarily at young men aged 17 to 24. It focuses on a number of priority issues, all of which would help to reduce death and serious injury both to that category and to other road users.

Train Operating Company Contracts

Lord Swire Excerpts

Monday 25th March 2024 Lords Chamber

[Lord Davies of Gower (Con)]

As the noble Lord knows, the rail reform Bill is being scrutinised by the Transport Committee. That was an agreement by the usual channels. From May 2021, national rail contracts were introduced to bridge the gap between Covid-19 emergency agreements and future competed contracts. The last two national rail contracts began in October 2023. Under the national rail contracts, the Government cover the operators’ reasonable costs, receive revenues and bear the financial risks. The national rail contracts are flexible by design, allowing service levels to be adjusted as passengers return to the railways.

[Lord Swire (Con)]

If my noble friend the Minister is genuinely looking at improving customer experience on the railways, can I return again to the issue of the provision of wifi, which is variable on some railways and non-existent on others? Surely in 2024 the basic provision of wifi, which is technologically achievable, to encourage people to work—after all, we are trying to increase productivity—should be something we accept as the norm and not something we continually have to argue for? Increasingly, you can get wifi on aeroplanes in the middle of nowhere; surely you should be able to get it on the GWR from Exeter to London.

[Lord Davies of Gower (Con)]

My noble friend is absolutely right, and I quite agree with him. It is very annoying; I suffer from it myself when I travel on GWR. I really do not understand, technically, why we should not be able to do it. It is something I will perhaps take a personal look at when I go back to the department.

Driving Licence: Young and Newly Qualified Drivers

Lord Swire Excerpts

Monday 15th January 2024 Lords Chamber

[Lord Davies of Gower (Con)]

I cannot give the noble Lord exact figures on that issue, but we will have a look at it and perhaps write to him.

[Lord Swire (Con)]

My Lords, no one wants to prevent young people getting in their cars to get jobs and so forth. But with the considerable increase in the volume of traffic, particularly on motorways, and the introduction of smart motorways, is it not ludicrous that a novice driver can pass their driving test and drive straight on to a motorway or in the dark, both of which they may never have done before?

[Lord Davies of Gower (Con)]

I take my noble friend’s point, but I think noble Lords should be aware that on acquiring their first full licence a new driver is on probation for two years. During that time, they are subject to a limit of six penalty points for any driving offences, including any received when in the learning stage. If six or more points are received, the driver loses their full licence and must apply again for a provisional licence, re-entering the learning stage, so it is quite stringent.

Trains: Wifi Provision for Passengers

Lord Swire Excerpts

Thursday 25th May 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I will revert to where I started on this. No decisions have been taken. As part of the business planning process, we have asked the train operating companies to look again at the services provided and to come up with a business case which sets out the benefits to passengers and the costs of providing that service. However, usage of wifi on trains is actually quite low. It is available from all train operating companies but is not available on all trains.

[Lord Swire (Con)]

One of the reasons that wifi use on trains is perhaps a little low, as my noble friend says, is because it is so hit and miss. I have been involved in an energetic correspondence with Mr Mark Hopwood, the managing director of GWR. I say energetic. It is energetic on my part, but less energetic perhaps on his; an acknowledgement would be a start and an answer even better. The truth is that we have a terrible problem in this country with productivity, and train time is dead time. You can get wifi on a plane and on a boat; surely you should be able to get reliable wifi on trains. If the problem is with Network Rail, then we really need to look at the relationship we have with the train operators, Network Rail and the whole infrastructure.

[Baroness Vere of Norbiton (Con)]

The wifi on trains usually runs off the same 4G and 5G system that my noble friend will have on his smartphone, so sometimes there can be reliability issues. It also depends on how many people are using the wifi on the train. It is there for email and other low data usage requirements. It is not really there for streaming, but I accept that sometimes the bandwidth can be a little challenging.

South West Rail Resilience Programme

Lord Swire Excerpts

Monday 22nd May 2023 Lords Chamber

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

My Lords, I can confirm that Network Rail has delivered two phases of the south-west resilience programme, providing protection to the railway at Dawlish from coastal flooding. The third and fourth phases addressing cliff protection measures are in delivery, with a combined budget of £85 million. Network Rail is being funding to deliver a detailed proposal for the fifth and final phase, which addresses cliff protection for a mile-long stretch of the railway.

[Lord Swire (Con)]

My Lords, we listen with some amazement—

[Noble Lords]

Order!

[Baroness Vere of Norbiton (Con)]

As I mentioned in my opening Answer, Network Rail is working on the fifth phase of the works in some detail; we need to establish detailed proposals for this mile-long stretch of the railway. Local consultations have happened, and there was some reluctance around some of the proposals put forward. Therefore, Network Rail is looking at the scope and costs of the fifth phase.

[Lord Swire (Con)]

My Lords, I apologise for being a bit too quick, which is more than you can say for any of the trains travelling to the south-west. In the south-west, we look and listen in envy to talk of chopping off bits of time on the cross-Pennine railway and others. That is not a luxury we have; we have only one railway beyond Exeter linking the whole south-west peninsula. If Dawlish goes down, we have no connectivity at all. While I very much welcome all the money and the moves the Government have made with the resilience surrounding Dawlish itself, until such time as we have a second railway bypassing or connecting Plymouth—either west of Dartmoor or in line with some of the other options—we can never be sure that we can keep the south-west connected 365 days a year.

[Baroness Vere of Norbiton (Con)]

I welcome my noble friend’s interest in this Question; I know that he raised this issue in the other place many times. I assure him that delays on the line as it currently stands are significantly down, from 53.6 minutes per 1,000 services in 2018-19 to just 36.1 minutes per 1,000 services in 2022-23, so it is important to note that the resilience of the line is improving. The department has looked at alternatives—additional routes through to the south-west that might provide additional resilience. However, we are focused on improving the resilience of the line as it currently stands. In proposals for restoring elements of railway that previously existed, the case was not set out sufficiently.

Draft Road Vehicle Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019 Draft Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019

Lord Swire Excerpts

Wednesday 27th February 2019 General Committees

[Jesse Norman]

It is a pleasure to serve under your chairmanship, Mr Howarth. As the Committee knows, the Government have a responsibility to be prepared for any scenario on EU exit day and will therefore continue to lay before the House EU exit statutory instruments for a no-deal outcome. If they are no longer required on exit day, we expect to defer, revoke or amend them in time for the end of the implementation period.

As the Department responsible for vehicle regulation, the Department for Transport has conducted intensive work to ensure that there continues to be a functioning legislative framework for this important sector of the economy. Although we strongly believe that leaving with a deal is the best outcome for the UK and the EU, it is our duty to make reasonable preparations for all scenarios. The statutory instruments are an essential part of those preparations, and they will ensure that there continues to be a well-functioning regulatory regime in the UK.

Currently, motor vehicles can be registered and placed on the UK market only if they have a valid EU type approval that demonstrates that they conform to EU standards, including safety and emissions requirements. The legislation governing that is a mix of domestic and directly applicable EU regulations.

The draft type approval regulations will ensure that the Government continue to have control over the registration of vehicles in the UK, while minimising the burden on manufacturers. The regulations were tabled under the negative procedure and considered by the sifting Committees of both Houses, which both recommended that they be upgraded to affirmative, given the potential impact on manufacturers. I thank the Committees for their consideration of these and other statutory instruments.

[Sir Hugo Swire (East Devon) (Con)]

This is an ill-informed question, and I would be grateful for the Minister’s answer. The legislation seems to pertain to cars and light commercial vehicles. Will there be similar legislation relating to lorries, buses, motorcycles and so forth?

[Jesse Norman]

I will come to that issue later, so I will respond to my right hon. Friend then. The most apparently naive questions are always the hardest to answer.

The regulations will require vehicles to be registered using a provisional UK approval, and they allow the Vehicle Certification Agency to issue provisional UK approvals to manufacturers who hold a valid EU type approval without additional costly re-testing. Importantly, the environmental and safety standards to which vehicles will be approved under the UK scheme will remain unchanged from those applicable under the EU regime.

There is a good reason why the UK should not simply accept EU approvals, rather than creating the UK scheme proposed in the regulations. Without the UK scheme, the Government could not act to stop another Volkswagen-type emissions scandal—we could not prevent those vehicles from being put on the road, withdraw approval of them or require additional testing to ensure that they conformed to the applicable standards until the EU had acted on the matter.

The regulations temporarily double the limits for the national small series type approval until the end of 2019. That specific measure reduces the burden of regulation on smaller manufacturers who sell only in the UK market. Many are UK companies that provide essential and sometimes unique vehicles and products to our domestic market.

The regulations are subject to a sunset clause, so they represent an interim arrangement that is valid for a maximum of two years. That allows the additional time required to develop a full UK type approval scheme and to correct the remaining deficiencies in the thousands of pages of technical annexes to the retained EU legislation. We will formally consult on those proposals, and we aim to lay the statutory instrument before the House later this year for Parliament to debate and vote on.

The draft regulations will be made for the most part under the powers conferred by the European Union (Withdrawal) Act 2018. To correct a deficiency in existing UK legislation, the powers conferred by the European Communities Act 1972 will also be used to harmonise the legal definition of type approval certification across the UK. The regulations create a UK approval scheme by amending the Road Traffic Act 1988 in Great Britain and the Road Traffic (Northern Ireland) Order 1981. In addition, the regulations amend the Vehicle Excise and Registration Act 1994 to provide that vehicles entering the UK after exit day can be registered only if they have a UK approval. Further minor amendments are proposed to the Road Vehicle (Approval) Regulations 2009 and to the three retained frameworks for motorcycles, agricultural vehicles and engines for non-road mobile machinery, to ensure that that retained EU legislation remains operable after the UK leaves the EU. The amendments will come into force on exit day, except for the harmonisation of the legal definition of type approval certification across the UK, which will come into force 22 days after the regulations are made.

During the development of the regulations, the Department engaged widely across the automotive sector. We have spoken directly with all the major trade associations—the Society of Motor Manufacturers and Traders, the Motorcycle Industry Association, the Agricultural Engineers Association, as well as those representing specialist manufacturers such as the Wheelchair Accessible Vehicle Converters Association. The meetings have included those who are directly involved in the day-to-day process of type approval, as well as people in managerial roles from manufacturers. Although the industry does not want a no-deal Brexit, it recognises the proposals as a light-touch, pragmatic contingency plan.

I turn to the draft Road Vehicle Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019. The existing EU regulations establish mandatory fleet average CO₂ emissions targets for all cars and vans registered in the EU each calendar year. For cars, the target is currently 130 grams of CO₂ per kilometre, and it will reduce to 95 grams in 2020. For vans, the target is 175 grams of CO₂ per kilometre, lowering to 147 grams in 2020. Those requirements have been one of the key drivers towards improving the efficiency of new cars and vans since their introduction.

On the basis of those top-level targets, manufacturers receive individual targets based on a comparison between the average weight of their fleet and the average weight of all relevant vehicles registered in that calendar year. Manufacturers with heavier fleets receive individual targets above the headline target, while those with lighter fleets receive targets below it. As only the manufacturers’ fleet average is regulated, they may sell any vehicle they wish provided that the emissions of their fleet balance out to meet their target. Fines of €95 per vehicle per gram of exceedance are levied on manufacturers that miss their target.

The EU regulation contains a number of provisions that give manufacturers flexibility in delivering their target. Those include derogations, which ease emissions reduction requirements on manufacturers registering fewer than 300,000 cars or 22,000 vans a year; pooling, which allows manufacturers that fall under the same umbrella group to combine their registrations, effectively becoming one manufacturer for the purposes of emissions reduction; eco-innovations, which allow manufacturers to receive credits for technologies that reduce CO₂ on the road, but that are not taken into account during vehicle testing—for example, the use of a solar roof—and super-credits, which provide manufacturers with additional incentives for registering ultra-low emissions vehicles.

The regulations align national policy as closely as possible with the existing EU regulation, providing certainty for industry that its already established business plans will not be affected by the UK leaving the EU. The regulations we are considering also ensure that we meet our long-standing commitment to having a post-EU emissions regime that is at least as ambitious as the current arrangements, and they provide the framework for the Government to assume the obligations and functions of the European Commission under the existing EU regulation. That can best be summarised by explaining that these regulations retain the target-setting approach and formulae establishing individual targets, as is already the case under EU law, but they will apply only to cars and vans that have been newly registered in the UK after exit day.

The related provisions that I have outlined—for example, the derogations and pooling provisions—are also amended by the regulations to make sure that those provisions will work sensibly in the UK context while maintaining existing standards. All minor deficiencies have also been corrected as appropriate—for example, by replacing “Commission” with “Secretary of State”. Six related delegated regulations and 25 implementing decisions that will be retained are also amended by this statutory instrument to ensure their continued function in the UK. The amendments will come into force on exit day.

Legislation on CO₂ targets does not directly exist in the EU at present, so the targets are for vans and cars only. Provisions on the monitoring and reporting of data from heavy goods vehicles have been laid before the House in a separate statutory instrument.

Although we want a deal that recognises the equivalence of UK and EU type approval schemes, the changes made in the type approval regulations and the new car and van CO₂ emissions standards regulations will ensure that we retain control of the registration of vehicles; that we maintain continuity of vehicle approvals and emissions; that we minimise costs to industry; and that the legal framework continues to work after the UK’s withdrawal from the European Union, while maintaining the Government’s commitment, set out in the strategy “The Road to Zero”, to

“a future approach as we leave the European Union that is at least as ambitious as the current arrangements for vehicle emissions regulation.”

I hope colleagues will join me in supporting the regulations, and I commend them to the Committee.

Airports National Policy Statement

Lord Swire Excerpts

Tuesday 5th June 2018 Commons Chamber

[Chris Grayling]

I gently say to the hon. Lady that I appreciate that this is a difficult decision for communities immediately around Heathrow and the Members who represent them. We cannot take a decision like this one without having an impact, and we will do everything we can to work with the airport to make sure that impact is minimised. The hon. Lady talks about previous commitments, and I simply remind her that we fought a general election last year on a manifesto commitment to pursue this process, and that is what we are doing.

[Sir Hugo Swire (East Devon) (Con)]

Having discussed this for almost a decade, it will be almost another decade before the first plane takes off from the new runway, so when the Secretary of State said that the time for action is now it was hardly an overstatement. He is right to claim that this will benefit regional airports such as Exeter in my constituency, Newquay, Bristol and others. I suggest, however, that rather than getting local authorities to come up with expansion plans, this should be the responsibility of the Government if they want a fully integrated aviation system. Also, while Heathrow and Gatwick will see certainly more regional flights using them as a hub, that will again raise the issue of air passenger duty, and I urge the Secretary of State to talk to the Chancellor of the Exchequer soon about taking this opportunity to revamp the whole APD issue.

[Chris Grayling]

I have no doubt that the Chancellor will have heard what my right hon. Friend has said about APD, and I am sure he will not be alone in making that point in the run-up to the next Budget.

On the planning process, we think it is better that decisions on smaller expansion projects—typically under 10 million passenger expansions—are taken locally in full light of the impacts on local communities, both positive in terms of the economic generation but also other impacts on communities around them. Where a project is bigger than that, we think we should continue to use the NPS process; we think that provides the right balance, ensuring that local decisions are taken about projects of an appropriate size, but that if a future project is on a much more substantial scale this House continues to play the part it does today.

Automated and Electric Vehicles Bill

Lord Swire Excerpts

3rd reading: House of Commons & Programme motion: House of Commons & Report stage: House of Commons
Monday 29th January 2018 Commons Chamber

[Jesse Norman]

I certainly agree that consistency in the presentation of information is important, and I take my right hon. Friend’s wider point about whether such information should be displayed in the same way as petrol prices. He makes a valuable contribution to the debate.

[Sir Hugo Swire (East Devon) (Con)]

One of the most frustrating aspects of filling up a car is the tax on top of the cost of the fuel itself. Do the Government have any intention to levy any form of taxation on electricity bought at petrol stations?

[Jesse Norman]

My right hon. Friend will be aware that we have already wandered quite far outside these narrowly defined amendments to a tightly defined Bill. I am not going to comment on future Government policy.

--- Later in debate ---

[Karl Turner (Kingston upon Hull East) (Lab)]

The Opposition Front-Bench team are supportive of the Government’s new clause 1 and the consequential amendments. In Committee, some of my colleagues and I tabled amendments to ensure that planning and consultation between the Government, National Grid and electricity distribution operators took place in order for this policy to work. The new clause enables regulations to be made for the transmission of charge point data, for example, on energy consumption levels and geographical data, to be given to “specified persons”, such as National Grid. As we set out during earlier stages of this Bill, the sharing of specific data such as that on energy consumption and geography will be fundamental in enabling and encouraging the uptake of electric vehicles, which I am sure Members on both sides of this House want to achieve.

Labour has been working to improve this Bill to ensure that the UK remains at the forefront of research and development in this important and fast-moving industry. The sharing of data is necessary to grow the number of charge points and to ensure that the relevant agencies can monitor and plan for energy demand and consumption at charging points. I wish to pay tribute to the former Minister, the right hon. Member for South Holland and The Deepings (Mr Hayes), who gave me a “binding assurance” in Committee that the Government would come back to Parliament with more detail and specific proposals. The Bill originally did not include much detail on regulations for the distribution of data relating to charge points, so I am grateful that the Government have listened to the Opposition on this point.

[Sir Hugo Swire]

Is the hon. Gentleman reassured about the transmission of data relating to rural petrol stations, which may not use much electricity—they may not be used very often? Is he assured that the transmission of such data elsewhere may lead to a tendency for such petrol stations not to maintain that service in the way that they might, thus discriminating against more remote areas?

[Karl Turner]

The strategy has to address the issue of remote areas—that is essential. In Committee, the then Minister gave assurances that it would. We now know, of course, that the strategy will be published in March. I would like to press this Minister on how security will be ensured in regards to the transmission of data from charge points. That issue was brought up repeatedly in Committee, and the Government’s new clause does not seem to address it head on.

The Opposition are also supportive of Government amendment 1, which relates to enforcement. It expands Clause 13 so that the requirements allow for the inspection or testing of “any thing” to do with charge points rather than just allowing the person “to enter any land”. That position was ambiguous and we welcome any tightening up of the wording in the Bill. The original subsection gave prescribed persons permission to enter land but did not include much else. The Government amendment extends the scope of enforcement and defines what documents and other important data and information can be investigated in order to inspect whether the proper regulations have been complied with when it comes to charge points.

We are also supportive of new clause 2, which was tabled by the hon. Member for Bath (Wera Hobhouse). Currently the Bill regulates for the provision of public charging points at large fuel retailers. The new clause would mean that owners and operators of public facilities such as supermarkets, public car parks and airports would also be required to provide charging facilities. Such locations would already have the service areas for vehicles to park up and be placed on charge. Having accessibility to charging points is vital to promoting the use of electric vehicles, and the new clause seems a sensible way of doing just that. The objective of the new clause is commendable, and I trust the Minister will bear that in mind when he is devising the Government strategy on this.

Rail Links: South-west England

Lord Swire Excerpts

Tuesday 24th October 2017 Westminster Hall

[Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)]

I beg to move,

That this House has considered improving rail links in south-west England.

It is a pleasure to serve under your chairmanship, Mr Evans. I am proud to secure my first debate as an MP on the urgent need to improve the train line in the south-west of England. I am grateful for the cross-party support I have received ahead of the debate, and I will try to make my remarks as cross party as I can because I know the sentiments are shared by Labour Conservative Memberss.

I am proud to be a Janner—someone from Plymouth. Having been born there and as we live there, we all know that there is one thing in which we can instinctively believe: our train line is not good enough, and other regions get more money. As a region we have been given, and have accepted, a poor deal from Government for too long. Across nearly all areas of Government spending, the south-west, particularly the far south-west, receives below-average spend. In education, health, housing, road and rail the south-west lags at the bottom of the spending league tables. We need to change that, and we need to do it together. I am pleased that so many hon. Members from all parts of the House are here to debate the topic, and I hope the Minister will recognise that these are not just my concerns, nor those of my constituents or my party, but those of our region as a whole, presented on a cross-party basis.

I have three simple objectives that I encourage the Minister to take on board to help us in the south-west. We must realise the vision contained in the excellent recommendations of the peninsula rail taskforce, so we can have a railway to be proud of—an economic asset and not a liability. I encourage the Minister to help us to cut journey times from Plymouth to London from an average of three hours and 30 minutes to two hours and 15 minutes. Journey times are quicker to those regions lucky enough to have snazzy monikers such as northern powerhouse and midlands engine; I am afraid that the far south-west gets no such snazzy moniker, nor the spending that normally accompanies it. I encourage the Minister to help us to achieve our third objective: a railway that is resilient, with connectivity that will survive storms, and wi-fi and mobile connectivity enabling business to be done on the train.

With those objectives in mind, I have three simple asks of the Minister, his colleagues in the Department for Transport and those in the Treasury. First, will they look at how we can invest in quicker journeys and shorter journey times? The Minister will know that there is an opportunity to look at speeds on the Devon banks, the parts of the track between Plymouth and Exeter that are being repaired next year. While that work is going on, for a bargain price of £30 million, the track can be straightened, rails replaced and the speed limit lifted from 60 to 75 miles per hour. That would cut the journey from Plymouth to Exeter by three minutes; Great Western Railway trains would do it in just under an hour, and CrossCountry trains would do it in around 55 minutes. That would be a huge improvement on where we are now, and considering the billions being spent on High Speed 2 to cut journey times to the midlands for those in London, it is a bargain.

Secondly, I ask the Minister’s support for a pilot project in Devon and Cornwall, using Network Rail’s global system for mobile communications-railway, or GSM-R, masts for public mobile signal to power calls on trains and proper, full-distance wi-fi. I hope that my neighbour, the hon. Member for South West Devon (Mr Streeter), will pick up on that later. Finally, I ask the Minister to recognise the enormous amount of work put in by the peninsula rail taskforce, the councils, Network Rail, businesses and hon. Members, and to look again at his Department’s decision not to respond formally to the report. It is a first-class piece of work and deserves the benefit of a considered response from the Department.

Mr Evans, you will be aware that the far south-west is a beautiful part of the world, full of ingenious businesses, a superb tourism economy and the potential to deliver much more, but we need greater investment in transport. Plymouth has neither an airport nor a motorway—that ends in Exeter—and despite being the largest city on the south coast, larger than either Portsmouth or Southampton, our journey times to the capital are slower and our transport spend smaller. Post-Brexit Britain must not ignore the talent and potential of the regions. The far south-west is a region eager to deliver, but it requires strategic investment, especially in transport, to really motor.

The funding gap for transport in the south-west is real. The Treasury’s country and regional analysis publication shows that, in 2015-16, the total identified Government expenditure on transport in the south-west was £277 per head. In London, the figure was £973 per head. Spending in London is three and a half times that in the south-west, relative to population size. Spending in the south-west is the second lowest of all English regions, with only the east midlands being lower at £260 per head. These figures are greater when spending on transport infrastructure is factored in.

The Treasury’s figures on public expenditure on rail by year and region from 2015-16 state that the figure for London is £5.16 billion, while the south-west gets £357 million. That implies that, per head, people in the south-west are worth less than those in London. Let me be clear: people in the south-west are not worth less than those in the capital. As a member of the Select Committee on Transport, I asked the Secretary of State for Transport about these figures during our session last week. He encouraged me not to look at the figures. I am afraid that the figures are what I look at, because they tell a story about investment and political priority.

In 2014, as many hon. Members will remember, our poorly equipped train line suffered immensely during the UK storms, which literally washed away and left hanging parts of the track at Dawlish. A short distance down the track, the cliffs failed and fell on to the tracks, as has been happening for decades. The train line through Dawlish was closed for a number of months, costing the economy more than £1 billion. In the wake of the storms, the then Prime Minister David Cameron came to the south-west to visit Dawlish and see the damage for himself. In a press conference afterward, he said that

“money is no object...Whatever money is needed…will be spent. We will take whatever steps are necessary.”

Those are fine words, but the reality has often been quite different.

The problems were not just in 2014, when the precarious train line at Dawlish gave out. Each time there are storms, CrossCountry, which runs Voyager trains, must cancel the last leg of the journey from Scotland to Penzance at Exeter, because its trains short-circuit at Dawlish if they are hit by waves, blocking the track and requiring removal, effectively closing our rail line. It is not a historical injustice, but a regular occurrence. The recent Storm Brian meant that CrossCountry trains through Dawlish were cancelled yet again in the last week, raising the question whether anything has been learned in the three years since the floods. It is lucky that Great Western, which for the time being is still driving its so-called high-speed trains, can still go through Dawlish when the tracks are open. In no other part of the country would such a precarious train line or such a broken franchise commitment be tolerated by Ministers, so why are they tolerated in the south-west?

In the aftermath of those storms, the largely Conservative councils in the south-west, together with largely Conservative Members of Parliament, created the peninsula rail taskforce. It produced a series of excellent pieces of work, which my party supports, setting out a long-term programme of work to invest in our railways. I pay tribute to all those who contributed to and funded the PRTF reports and studies, and who continue to serve and contribute to that regional undertaking today.

[Sir Hugo Swire (East Devon) (Con)]

I fully understand that the hon. Gentleman is concentrating mainly on Dawlish and the Plymouth to London line. Will he also take the opportunity to support the existence of, and continuing investment in, branch lines such as the Avocet line, which plays a vital role between Exeter and Exmouth in my constituency?

[Luke Pollard]

I agree with the right hon. Gentleman that branch lines are important in the region. The PRTF report talks about not only investment in our main line, but creating wider Devon metro services and the importance of connecting not only Devon’s great cities, but its smaller towns as well.

Automated and Electric Vehicles Bill

Lord Swire Excerpts

2nd reading: House of Commons & Ways and Means resolution: House of Commons
Monday 23rd October 2017 Commons Chamber

[Justin Madders (Ellesmere Port and Neston) (Lab)]

I am pleased to have the opportunity to contribute to the debate on this Bill, as the automotive sector is an important part of my constituency. It is home to the Vauxhall Motors plant, and last week, we heard the sad news of 400 redundancies. The site has built Vauxhall vehicles for more than 50 years and there is once again real concern about the future of the plant—I will return to that later in my remarks. In addition to Vauxhall, we have hundreds of dependent jobs in the supply chain, and many of my constituents are employed by nearby manufacturers, such as Toyota and Jaguar Land Rover. I shall focus on the impact on jobs—not only the immediate challenges for the automotive sector, but the Bill’s long-term employment implications, which I fear we are not going to address until it is too late.

It is right that we begin to address the legal impediments to automated vehicles and help them to become part of the transport network. As with all technological developments, we need to ensure that the legislative framework is in place, not only to keep our citizens safe and protected, but to send out the signal that this country encourages innovation. We need a simple and timely method to determine liability in the event of an accident, and the Bill will achieve that aim. The likelihood is that over time the number of accidents will reduce substantially as the opportunity for driver error is significantly reduced, but I am not quite as persuaded as some Members that that will lead to any dramatic reduction in insurance premiums.

I imagine The Highway Code will have to be reviewed in due course, and although we are addressing civil liability in this debate, we may in due course have to consider changes to criminal law. At what point does the occupant—I use that term rather than “driver-operator”—cease to be personally liable for any breaches of criminal law? Will we need new offences to take account of the consequences of deliberate hacking?

I have read the lengthy discussions about software updates from the debates on the Bill’s previous incarnation, and I must say that I am not at all clear about where responsibility would lie if a vehicle did not have the required software updates. Should that be looked into in the context of MOT certificates? We are used to regular updates for consumer products such as phones—in fact, that is part of the manufacturers’ business model, to encourage us to buy new phones every few years—but a car is a rather different proposition. A balance needs to be struck between public safety and consumer rights. I do not want to see a £30,000 vehicle becoming unuseable because the owner refuses to pay what they consider to be an extortionate cost for a software update.

We need to consider the broader issue of value judgments. In all the films about artificial intelligence—in which, of course, most of the time things go wrong—machines usually have some sort of in-built fail-safe that prevents them from doing harm to humans. One can see how that idea could be transferred to an autonomous vehicle’s operating system, but it is inevitable that there will be occasions on which evasive action might prevent harm from being done to the passenger but could cause injury or worse to a pedestrian. Earlier in the debate, my hon. Friend the Member for Eltham (Clive Efford) gave an example of how such circumstances might arise.

We in the House of Commons need to have a view on what happens if a car swerves off the road to avoid hitting another vehicle but, in doing so, hits a pedestrian on the pavement. I am not comfortable subcontracting that kind of value judgment to a software developer, and I am even less comfortable subcontracting it to some kind of machine that learns through trial and error which decisions to take. Of course, we humans will not have clear sight of how such machines make those decisions, and we might not be able to understand anyway. I was less than reassured by the Minister’s response to my hon. Friend the Member for Eltham. I suspect it would not be straightforward to put something of that nature into the Bill, and it is probably a few years before that kind of dilemma becomes relevant, but we do need to consider now how Parliament can ensure transparency and accountability for what could potentially be life and death decisions.

I have given some general observations on the kind of moral and legal questions we need to consider in the context of the Bill, but the main issue I wish to address is the Bill’s effects on employment, both good and bad. I know that the Government are looking to make the country a world leader in both automated and battery vehicle technology with initiatives such as the Faraday challenge, but I am concerned that although we will be a market leader in developing the technologies, our economy will not feel the full benefit of them because the mass manufacture of new vehicles will take place elsewhere. Dyson is a good example: it currently employs hundreds of people in this country to develop its own electric vehicle, which is of course a positive development, but so far it has not made any commitment to manufacture that product, when it is finalised, on these shores. Of course, Dyson has form in this area.

[Sir Hugo Swire (East Devon) (Con)]

The hon. Gentleman will be aware that this country manufactures more automobiles than the whole of Italy. Does he not think that that manufacturing can go on when we change from the combustion engine to the electric vehicle?

[Justin Madders]

I shall develop that point, because we need to address some challenges relating to investment in manufacturing. The move to the manufacture of electric vehicles is going to require huge investment in plant machinery if we are to maintain our manufacturing base. The majority of engine plants in this country are still building combustion engines, so we need to think about what assistance we are going to give to those companies so that they can make the change to manufacturing electric engines. The Bill is pretty comprehensive on the infrastructure for consumers, but I am not sure there is the same level of commitment to the idea of the country as a producer of these vehicles.

We have heard that the Government intend to cease the sale of all petrol and diesel cars by 2040. The temptation might be to think that that is a couple of decades off so we do not need to worry about it now. However, if we are serious about it, the major manufacturers will begin to shift production to the new model types within the next one or two production cycles, particularly if consumer trends accelerate that. People will begin to look at the resale value of their vehicles, and if they see that petrol and diesel vehicles lose their value at a much quicker rate than electric vehicles, they are bound to purchase electric vehicles in much larger numbers. The right hon. Member for Chesham and Amersham (Mrs Gillan) mentioned some studies that suggest that the Government’s predictions on electric vehicle take-up are possibly a little on the conservative side. We need to be ready to intervene swiftly when decisions are made on new-vehicle manufacturing so that we have the best possible conditions for companies to invest in their production lines. For example, Vauxhall tells me that every time it looks to invest in new machinery, that has a negative consequence for its business rates.

Of course, at the moment the real challenge to the automotive industry—to all manufacturing—is the uncertainty created by Brexit. Investment in the automotive sector has halved over the past 12 months. We need to reverse that trend as a matter of urgency; otherwise, the new vehicles that it is hoped the Bill will facilitate will be manufactured elsewhere. A big part of that is reassuring as much of the car-manufacturing supply chain as possible. Too many parts needlessly travel back and forth across the continent. In the long term that makes little economic or environmental sense, and in the short term minimising it will lower the risk of a hard Brexit.

There is an immediate short-term need to proactively support UK car manufacturers, and I hope we will hear some good news in next month’s Budget. There is also the bigger long-term issue of how the Bill might affect employment levels. There are plenty of predictions out there about how many jobs will be lost to automation, and I know that there is always the argument that in the past technological advances have always created more jobs than they have caused to be lost, but this revolution is going to be on a scale and at a pace for which we are still quite unprepared.

It is estimated that 1 million driving jobs could be lost within the next 10 to 15 years. With some studies indicating that up to half of all jobs could be lost to automation and artificial intelligence in the next 20 years, there needs to be a twin strategy for dealing with the economic impact of the proposals in the Bill. To that end, I would have liked to have seen an economic impact assessment on the likely job changes that will occur because of the Bill. Even in the optimistic scenario that lots of new jobs are created following this revolution, what do we know about the sort of jobs that will be created and where they will be based?

A report published last week looked into the impact of automation constituency by constituency. It said that the worst-performing constituencies were set to lose around 40% of their jobs within 15 years. Although there were plenty of constituencies throughout the country at the top end, the pattern was clear: the biggest losers tended to be in the midlands and the north. I would like to see a similar study that shows the pattern of job creation in the new industries, but unfortunately none yet exists. If we did one, I rather fear that it would tell us that the new jobs created are not going to be in the areas that are set to lose the most. I do not want to see a repeat of the 1980s, when industry outside the south-east was subject to catastrophic losses of jobs that simply were not replaced.

Although I have painted some rather gloomy pictures, I am not a Luddite; I am a realist. I realise that the genie is out of the box and that there are tremendous advantages, and several Members have referred to the positives that driverless technology can bring to society, but we should not be blind to the consequences that these changes may bring. We need a fundamental debate about what we are trying to achieve here. The manufacturing infrastructure is just as important as the consumer infrastructure. The impact on existing jobs needs to be considered as much as the tremendous opportunities that this new technology brings. Finally, the new legal framework that we are setting up needs to be considered in the context of the moral framework that underpins it.

[Sir Oliver Letwin (West Dorset) (Con)]

I draw the attention of the House to a potential interest of mine: I am discussing a possible role with the Faraday Institute, which promotes battery development in this country.

I want to make two points about two aspects of the Bill that will need further discussion in Committee. I would have raised them in proceedings on the earlier incarnation of the Bill if it had not become so evident that it was going to disappear from view due to the election.

The first relates to clauses 2 and 6. It is clear that the Bill intends to do what my right hon. Friend the Minister for Transport Legislation and Maritime said, which is to make the situation clear for the insurance industry. Unfortunately, it does not quite succeed in that in its current draft. He slipped into pointing out the problem himself when he inadvertently spoke of the driver not handing over control to the automated system, but, as Hansard will show, legitimately handing over control.

If one looks at the articulation of clauses 2 and 6, one sees that what determines whether the insurer or the person is liable—apart from the question of whether the vehicle is insured—is whether the vehicle was being run by the machinery rather than by the person. Unfortunately, that is not quite a complete explanation of what we need to have explained in order to make this work in terms of liability. It will not be a complete explanation of what we will need to treat this in the criminal law—clause 6 comes very close to a piece of criminal law. It will be very important that the criminal law does reflect the liability structure in the civil law. The reason why none of these questions is completely answered is that the question arises, “Was it, under these circumstances, appropriate or not appropriate for the person who was or might have been the driver to hand over control to the machine, which had become the driver?”

In case anybody thinks that that is an academic point, let me point out that it is extraordinarily likely that, as the technology develops and as artificial intelligence more and more becomes a part of that technology, we will find that, under these clauses, the Minister has to distinguish between different moments when it is appropriate to hand over control, and moments when it is not. For example, it may be that, for the sake of our motorways running much more efficiently, much more accident-free and much more intensively, it would be appropriate and, at some point, even mandatory for a motorist to hand over control of the vehicle when they are on a motorway in a way that might not be appropriate when they are on a single track road in my constituency on a rainy day. It may take a lot longer for the machinery to be able to handle the single track road in West Dorset than for it to be able to handle steady progress along the M4. As that is a likely situation, the moment of handover is a crucial element of getting the liability structure sorted out. If we do not get that sorted out now at this early stage, the insurance companies, when they come to consider the legislation, will discover that they do not have the framework that they thought they had, and we will not get the benefits that my right hon. Friend rightly seeks from that part of the Bill.

I also welcome part 2 of the Bill. When I was in government, I was involved in considerable efforts to improve the charging structure. It is the right thing to do. Much that needs to be done is dealt with in this part of the Bill. The regulation-making powers enable Ministers to deal with many of the points that have been raised in the preceding parts of this debate. Unfortunately, the regulation-making power in clause 9 and even in clauses 10, 11 and 12 is not only incomplete, but very materially incomplete. It will miss out the single biggest part of what needs to be regulated.

Reference has been made in this debate to off-street charging and to free-phase charging. These are the crucial elements because for that half of car users who do not have off-street parking—typically that is urban dwellers, particularly those who live in flats and terraced houses in urban settings—charging overnight, or at any time when they are not at work, will typically have to take place on urban streets. The people who will deal with urban streets are not local authorities, which was mentioned in the debate, or any of the objects of regulation here, but the public utilities that service our streets with the electric cables that run through them.

[Sir Hugo Swire]

Does my right hon. Friend not agree that, during the transition stage when we move to electric autonomous vehicles, there will be a period in which a goodly percentage of the population will retain normal diesel or petrol vehicles? How will we divide up the streets? If every single parking space in an urban area is given over to electric charging, will that prevent those who do not need to have electric charging from parking? Will we have to discriminate against them?

[Sir Oliver Letwin]

My right hon. Friend raises a good question, which has a very clear answer. For decades, in Saskatchewan and other parts of western Canada where it is extremely cold, every single parking meter—parking meters are common on the streets there—has been equipped with a power point, enabling the driver to plug in the car radiator with the signal advantage that the car can then be started, which it otherwise could not be. It is perfectly possible to mandate that the utilities place charging throughout all urban streets so that every place is a charging point and then the question that he raises disappears, because a driver uses it if they are a conventional internal combustion engine and if they are electric. Gradually, there will be more electric cars and fewer internal combustion engines. The space will be the space and it will always offer charging. If we do that—it will not be expensive if it is done incrementally, starting now under regulations—we will find that the largest part of the problem of charging disappears. Unfortunately, with the way that the regulatory powers have been cast, the Secretary of State does not have the power to make regulations of that kind and therefore a substantial amendment is needed to clause 9. That will also enable the Secretary of State to do the second most important thing, which is to mandate that there be free-phase charging. That is important because the speed of charging for those who have off-street parking is very material to the take-up of electric vehicles. That speed will be materially improved if free-phase charging is available.

My point is very simple. This is an excellent Bill as it does some very necessary things. It is not the whole answer to life, or even to automated electric vehicles, but it was never meant to be. However, there are deficiencies in the way that it is drafted that will need to be cured in Committee if it is to achieve the two main purposes that it sets out to achieve.

[Sir Hugo Swire]

Let me elaborate further on the point about charging versus non-charging. On domestic charging, the whole point with an electric car is that a person can feed back some of the electricity into a meter overnight and make some money. What happens if they have parked off-street and plugged their car into a meter? If they want to feed back some of their charge overnight, will there be a way of gaining compensation financially?

[Sir Oliver Letwin]

It absolutely needs to be so and clause 12 has actually been correctly drafted in that respect. The provisions for smart charge points precisely allow the Secretary of State to ensure that there is interactive charging, which is evidently exactly what we need on our streets so that the electric cars of Britain become a massive battery resource. That will squish the shape of the load curve, so there will be longer periods during which renewable and nuclear resources will produce unlimited quantities of energy at a zero marginal cost without having to build the large amounts of back-up that would otherwise be required to deal with the peak. That is because one hopes that the peak will increasingly be dealt with by the battery resource of the nation’s cars when they are not being used. We will only get that effect if all the cars that are plugged in are plugged into smart points that can receive, as well as transmit, electricity. Of course, that also requires a design of vehicle that enables the on-board computer to respond to the price signals coming through the grid. It also requires half-hourly settlement of the grid, which is, in fact, already being introduced. We have made a good deal of progress towards the aim that my right hon. Friend rightly advocates. In that respect, the Bill will enable us to press the progress much further, but it will only do so if it relates to on-street car parking made possible through the utilities that can do this on a universal basis, and those measures are urgently needed.

[Clive Efford (Eltham) (Lab)]

I welcome the Bill. I will concentrate my remarks on the issues surrounding automated vehicles, but I support all the points that have been made about electric vehicles, particularly those regarding compatibility and infrastructure. We do not want people to be inconvenienced by different connectors and things like that. That is an obvious point to make, but one that has been overlooked in the past and that was well made today. Clearly, it is a technology for which the time has come. The batteries have a longer life and the vehicles can now travel further as a consequence. The environmental benefits are obvious and the cost of the vehicles is starting to come down, making them much more accessible, so I very much support that element of the Bill.

One of the impact assessments that accompanies the Bill refers to “connected and automated” vehicles, but the Bill is silent on connected vehicles, and I wonder why. Maybe the Minister will touch on that. Perhaps I am being too much of a conspiracy theorist, but the topic of “connected and automated” vehicles opens up a whole different range of issues from the straightforward automated vehicles as I understand it. The Minister will correct me if that is not the case. The issue that concerns me is that the software has to make a whole load of decisions when it is operating or driving the vehicle. We have heard from the Minister, and it is accepted, that somewhere between 90% to 95% of vehicle accidents occur due to human error. What happens if a vehicle is under the control of the software and has an accident with a vehicle being driven by a human or with a pedestrian, and the technology is then checked and is found to have been in perfect operating order? Is it the case that the human is assumed to be at fault? We need an answer to that question because it will have an enormous impact on how insurance companies approach decisions about who is at fault and who should get a payout.

[Sir Hugo Swire]

Will the hon. Gentleman give way?

[Clive Efford]

I will not, if the right hon. Gentleman does not mind. I am trying to make a little bit of progress, but I may give way in a while.

The Minister said that he has visited the site in Greenwich that is testing automated vehicles. I was not there, but I heard of an incident where somebody threw a chair in front of the automated vehicle and the vehicle smashed into the chair. That raises the question of what would happen if a child ran into the road. Now, the accident with the chair may have happened even if the vehicle had been driven by a human. The chair may have flown out in front of the car far too late for the car physically to be able to stop, whether driven by a machine or by a human being. But let us imagine an incident where there is an automated vehicle on the road that is capable of making a decision about how to evade an accident.

If a child suddenly ran out in front of the vehicle, the software would be trying, in a split second, to make a decision about the safest evasive action, if any, to take in order to avoid running the child over. We are then immediately in the situation where a machine—a piece of computer software—is making a moral judgment. If we are to open ourselves up to the situation whereby connected and automated vehicles have to make such judgments when incidents or accidents are about to happen, we legislators have to be aware that such eventualities will come around. We must try, as much as possible, to be ahead of the technology, because one thing is becoming quite clear in the debate around emerging technologies: the huge companies are getting ahead of the regulators and legislators, and driving the barriers backwards.

Take, for instance, the recent situation with Uber in London, where the Mayor of London had to step in and take action. There are other examples of technology driving regulators to distraction and forcing us to catch up, such as Airbnb. In some cities, rents have been driven up because of the sudden availability of businesses and people hiring out their properties. Legislation has consequences and so does this Bill.

Automated planes fly on a daily basis; most of the flights that we all take are fully automated. The part of the flight that is controlled by a pilot only lasts for a few minutes. Many people do not appreciate the fact that most of their flight is now controlled by a computer. We are only a fraction away from technology whereby a plane could be flown without a pilot at all. If there were an incident and the plane had to be taken over by someone who is capable of flying it, that could be done from an air traffic control centre. We do not have to have the pilot on board. That technology exists, but the air industry is not imposing that upon us by removing pilots from aeroplanes because public opinion is so much against the idea of fully automated flights.

[Sir Hugo Swire]

But is not that exactly the same in other areas of the industry, such as driverless trains?

[Clive Efford]

Yes, but driverless trains drive on a dedicated track. My point is that such technology is not being implemented in an area where the possibilities already exist—pilotless planes. Yet we are prepared to roll out that technology on our streets and our roads, where quite a complex range of incidents could occur and where vehicles being driven by software will come into contact with humans. I accept that the technology is here. We will have to accept that there will be demand for these types of vehicles, not least driven by the huge companies such as Uber, which already has driverless cabs on the streets of Pittsburgh. We are seeing technology driven forward by these large companies, but we as legislators have to start looking at some of the issues that arise around the moral questions that may have to be answered by machines.

--- Later in debate ---

[Iain Stewart]

I agree with the hon. Gentleman. As I will expand on in my speech, the Bill provides a way for those things to happen. If he will bear with me, I will touch on those points later.

The other advantages, of course, are to do with the environment and making better and more efficient use of the limited resources we have. It is no mistake that the United Nations has as one of its top priorities dealing with the increasing urbanisation of the world, and the human race is going to have to find better ways of moving people and goods around to make that development sustainable.

In that regard, I should mention that my constituency is at the forefront of a lot of the innovation involved in this technology. We were today recognised in the UK Smart Cities Index 2017 as one of the top cities in the country.

Before I move on to the detail of the Bill, I should say that we had mention earlier of the importance of matching skills to this new technology. I very much welcome the Minister’s willingness to have a constructive dialogue in Committee, and more broadly with other Departments, to look at this issue. As a starting point, the Transport Systems Catapult recently published its “Intelligent Mobility Skills Strategy”, which identified that, by 2025, we will have a 750,000-job gap in skills, and there is an urgent need to address that point.

In my Second Reading speech and in Committee on the previous Bill, I raised several concerns, which were addressed to my satisfaction by the Minister. In my comments today, I just wish to get reaffirmation on those points and to raise a few additional concerns.

Clause 1 provides for the Minister to provide a list of vehicles deemed to have autonomous capability. I just ask a simple question: when this list is compiled and then updated, will it include the freight sector and the public transport sector, or are we simply looking at what are deemed motor cars today? It would be helpful to have that clarification.

As regards clause 2, we had extensive debates on the previous Bill about what would, to use an umbrella term, be classified as driver-assistance technology—lane guidance, cruise control and reverse parking guidance—and what constitutes a wholly autonomous vehicle. The Minister was very clear in Committee that driver-assisted technology is not the point of this Bill. When we have these gadgets in cars—there will be ever more as we go forward—they are there to assist the driver. They do not replace the driver, so the driver remains absolutely in control.

[Sir Hugo Swire]

Did the Committee look at the issue of the driver passing some kind of driving test? Is it envisaged that the whole Highway Code system will change? Will somebody getting a licence to drive an autonomous or a semi-autonomous vehicle have to sit a completely different test, and if so, when will it be phased in?

[Iain Stewart]

I am afraid that my memory is not as complete as it might be. I cannot recall whether that was discussed; I do not think it was. However, my right hon. Friend raises a very fair point, and I hope that it will be considered in Committee.

As regards the distinction between a wholly autonomous car where there are no driver controls whatsoever and driver-assist, there will be cases in the middle where the car has a dual function, with blurring as to when the technology is applied. I would still like Ministers to provide greater clarification for drivers and the industry on the point at which the transition occurs. We have heard talk about having road trains in future where a car may be driven under control up to a certain point and will then form part of a convoy on the motorway. There needs to be greater clarity, for the public in particular, about the point at which the changeover happens.