(2 years, 4 months ago)
Lords ChamberMy Lords, the regulations which are the subject of this regret Motion amend four retained EU regulations. Two of them are amended to implement revised standards and practices adopted by the International Civil Aviation Organization. These involve implementing new safety management systems for the production and maintenance of aircraft. The other two regulations are amended to delay changes in balloon and glider licensing until 2025.
I have laid this regret Motion because I am concerned about the delays and their impact on issues relating to aviation safety. The Secondary Legislation Scrutiny Committee reported that the original Explanatory Memorandum was inadequate because it failed even to attempt to explain why, in the view of the Department for Transport, these delays were not a problem.
There is a tendency for Department for Transport explanatory memoranda to be rather sketchy. By way of background, it is important to remind ourselves that the department has a long-standing problem with managing its legislation, much of which flows from our international treaty obligations. The department fell badly behind in managing legislation for the maritime sector, some of which was up to 20 years overdue. Huge efforts have been made to catch up, and I pay tribute to the Minister for hers. But now the department is faced with a similar problem on aviation standards. Prior to Brexit, new standards based on the Chicago convention on civil aviation would have been automatically implemented via the EU. Now, we have to do it ourselves. The safety management changes were implemented in the EU in 2021—and, by the way, that was already rather late.
This is two years later for us, and this legislation allows until July 2024 for it to be implemented, after which firms are given a further two years to comply. So we are well behind the curve—a cumulative delay of over a decade since the ICAO regulations were introduced. This picture is becoming familiar. In the past, we relied on the combined resources of what was then the 28 EU nations and their expertise to devise and implement technical modernisation. Now, we have to do it on our own. It is complex, expensive and time consuming, and the delays are putting our manufacturers and aviation industry, in this case, at a disadvantage.
My concerns are as follows. This industry has a complex supply chain, with many hundreds—even thousands—of firms, so it is essential that appropriate safety management systems are in place for the design and production of aeronautical parts. My specific questions to the Minister are as follows. First, the Government say that this delay will not impact safety, but I cannot see how that can be: what is the point of having a safety management system if it does not have any impact on safety? Secondly, as the legislation makes clear, it is for the CAA to review and approve the new SMSs. Can the Minister tell us specifically how much the CAA has been allocated in additional funding to undertake this work? Can she reassure us that these resources will be adequate? The Minister will not be surprised by these questions; I repeatedly ask about resources allocated to the CAA.
The second part of the regulations relates to balloon and glider licensing, changing the current deadline to transfer to the new system, which was inherited from EASA, from the end of 2023 to the end of 2025. The Explanatory Memorandum justifies this simply by saying that
“the CAA is undertaking a … review of private pilot licensing which may result in significant changes to … licensing requirements”.
The Department for Transport calls this the pilot “licensing and training simplification” project. It was initiated by the previous Secretary of State, whom noble Lords will recall is a keen general aviation enthusiast.
As background, it is important to note that the pandemic encouraged major growth in the market for private aviation—I note that the Prime Minister seems to be quite keen on private aviation as well, although I do not think he is a pilot himself. There is now a flourishing secondary market in private flights, and, as a Cardiff citizen, I am acutely aware of the complexities of this market, revealed to many of us for the first time by the tragic accident that led to the death of the footballer, Emiliano Sala. Many of us did not understand how complex this whole set-up was.
There are a number of worrying grey areas relating to implementing the legislation, which again falls to the CAA. The expansion of the market has intensified the obvious challenges it faces in inspecting and implementing the regulations. So can the Minister assure us, once again, that the CAA has adequate resources? My concern is that the UK has a reputation as an aviation leader, with high standards of safety compared with, for example, the USA, where it is much easier to get a private pilot’s licence. We should not sacrifice that in the chase for an ephemeral benefit of Brexit.
I am concerned about what these regulations reveal about pressures within the Department for Transport. Its defence to the Secondary Legislation Scrutiny Committee’s criticism of its Explanatory Memoranda, and the delays in bringing forth this legislation, was that it has to make “prioritisation decisions” regarding regulation. In the light of these constraints, it is worrying that the department also faces additional programmes that will create challenges for it—for example, those imposed by the revocation of EU law Bill, shortly to be an Act. On top of this, there is the general aviation change programme, which now faces its own 25% reduction in resources—I am told that the amount of money allocated to the CAA for that programme has been reduced by 25%—so can the Minister explain why the funding has been cut? Can she explain whether the Government intend to pursue this programme, despite the cut in funding?
Overall, there is huge public concern about basic day-to-day issues that are crying out for legislation in relation to transport. There is technological change and challenge—for example, with issues like e-scooters and e-bikes, which desperately need regulation. There is also a crisis in our railways, which urgently need legislation to create Great British Railways. I am concerned that the Government are pursuing policies such as the reform of private flying while they tell us that they have no parliamentary time in their programme for such day-to-day issues as the state of the railways and the reform of train fares. So my purpose in laying this regret Motion was to give the Minister the opportunity to explain to us why there are delays in aviation legislation now and why there are such huge pressures within the department in terms of prioritising the various strands of its activity, specifically its legislative activity.
I rise again in this crowded Chamber to discuss a transport issue. This sort of debate should be divided into two. Let us first look at the instrument itself, rather than the problems with getting it here. Civil aviation in general is really quite safe. The very sad interruption to that general trend was of course with the Boeing 737 MAX, but, otherwise, the trends have been quite positive. This is based on a mechanism: the Chicago convention and the ICAO processes. I knew this was quite old, but I looked it up and saw that the convention was signed by 52 nations before the end of the Second World War, on 7 December 1944. It became legal, if that is the right term—I do not do conventions often—or rather it came into force, on 4 April 1947.
It is a sort of treaty obligation, but it is a bit looser in being a convention. In practice, the industry, over the years, has understood the value of behaving together. So most significant aviation nations in Europe, one way or another, through the European system, sought to achieve harmonisation with the ICAO regulations of the time. It seems to me, reading through the material, that the essence is one of delay. I think that was the point made by the noble Baroness, Lady Randerson. The test, to some extent, has to be: what is the significance of the delay, particularly with respect to safety?
(2 years, 4 months ago)
Lords ChamberMy Lords, in May 2021, in CP 423, the Government set out their vision for Great British Railways:
“Under single national leadership, our railways will be more agile: able to react quicker, spot opportunities, make common-sense choices, and use the kind of operational flexibilities normal in most organisations, but difficult or impossible in the current contractual spider’s web”.
Given the delay since then, are the Government still committed to this vision, or do they accept the ongoing chaos that is the national railway today?
The Government remain committed to that mission. Indeed, so much of what we are doing with the railways at the moment is in pursuit of that mission. For example, the Rail Minister has asked the Great British Railways transition team to look at simplification of the railways—at how to simplify the complex rules and processes which exist in rail and which do not need to. That process will be completed later this year.
(2 years, 4 months ago)
Lords ChamberI agree that there is an issue of due diligence here. The Government are always willing to hear from anyone who has any insight as to crops or biological items that may be coming from places that are not within the sustainability criteria. It is not fair to say that renewable fuels come from biogenic materials. It is the case that biofuels from waste represent 76% of the renewable fuels supplied; for example, 93% of all biodiesel comes from used cooking oil, which has very few other uses. While I accept that we need to look at crops and whether they are for human consumption or not—obviously, the latter is the one we focus on—we need to recognise that alternative sources of bioethanol are fairly thin on the ground at the moment.
My Lords, the Renewable Transport Fuel Obligations Order 2007, as amended, says in Article 1A:
“The Secretary of State must from time to time … carry out a review of the regulatory provision contained in this Order; and … publish a report setting out the conclusions of the review … The first report must be published before 15th April 2023”.
Now, I think that date has passed. Has such a report been published? I spent time with my friend Google this morning, and after two hours, could not find it, but with the messy way our legislation is formed, I may have missed it. If it has not been published, why not? It is crucial that commitments such as this are honoured.
I agree with the noble Lord, and I accept that it should have been published by 15 April. It is in its very final stages of preparation and will be published as soon as possible. There is an important component of this post-implementation review: there will be an opportunity for feedback on the scheme as it currently exists. Therefore, I hope that the noble Baroness, Lady Walmsley, and anyone else with an interest will look at the post-implementation review, consider various reports which have recently come into the public domain, and think carefully about how we can improve the scheme. We are always looking for improvements, we keep the scheme under review, and I am willing to keep an open mind.
(2 years, 5 months ago)
Lords ChamberI am very sorry to hear that the noble Baroness has experienced those issues in her local area; they are certainly not replicated across the country. She may be talking about the Nuneham viaduct, where there has been some subsidence. It closed on 3 April. We understand the frustration, but we are working very closely with GWR, CrossCountry, Chiltern and Network Rail to ensure that we get passengers moving. Engineers are working on the project, and we hope to have good news for the noble Baroness soon.
My Lords, I think the noble Baroness said that the grid said it was confident it could meet the challenges of HGV electrical supply. The problem is extremely sophisticated: it is likely to be grouped in hubs and there is likely to be very high demand. Electrical systems are basically rather fragile, and this needs a very sophisticated approach. Is the National Grid part of the Freight Energy Forum, and if not, why not?
The Freight Energy Forum feeds into the Department for Transport and, indeed, across government. While I accept that HGV depots will have significantly high demand for renewable electricity, other areas, particularly hard-to-abate sectors, will need much more. We are confident that with continued investment in the grid, we will be able to meet the needs of all the elements that need to be decarbonised, and that will uptick their electricity usage. As I mentioned previously, we have done that with a range of price controls, but also strategic planning for the future.
(2 years, 5 months ago)
Lords ChamberI say, absolutely, that one should not believe everything one reads in the newspaper. It is the case that Network Rail has to work within its funding envelope for CP7, which goes from 2024 to 2029. We are investing a record £44.1 billion in our rail infrastructure—a 4% increase on CP6—so the Government are providing significant funding. As with many elements of the railways, it is important that Network Rail and others look at what funding they have and obtain efficiencies to ensure that the reliability of the railway is maintained.
My Lords, I looked at a recent exchange between my noble friend Lord Berkeley and the Minister on this subject. Essentially, he asked whether funding for phase 5 will be withheld and she gave the heroic non-answer that she has just repeated. Can we be absolutely clear where we are on funding? Will funding be available for phase 5? If not, does the Minister accept that building phases 1 and 4 and not phase 5 is a complete waste of money?
(2 years, 5 months ago)
Grand CommitteeMy Lords, I thank the Minister for her explanation, and congratulate the speakers so far on raising a whole range of important information that we really need from her. I strongly welcome these regulations, which flow, as noble Lords have already said, from commitments made in the Bus Services Act 2017—which is, of course, back in ancient history, as the noble Lord, Lord Borwick, made clear to us. It is five years since the consultation. I know we have had Covid in between, which possibly interrupted things, but that did not last five years and it is very unfortunate that we have waited so long, because we have another three years to wait in some cases before full implementation. I recall that there was a Secretary of State recently who had a penchant for complaining about audible announcements on public transport, and I wonder whether that is why it has taken so long for these regulations to come forward.
The point I am making in relation to Covid is that if these regulations had been in place more quickly, I think we would have attracted people back on to the buses much more quickly. We have to attract new passengers to deal with congestion and emissions. It is easy, of course, to take what is in the regulations for granted, if you spend a lot of time in London—as the noble Lord, Lord Holmes, said, 98% of buses and all Tubes have notification of this nature—but there is a failure rate, and I will come to that point later on. Outside London, it is only 25%, and in some areas there is nothing at all.
I draw attention to Regulation 7(3), which specifies what information should be provided, and I am very pleased to see details on volume. Noble Lords may not be aware, but I wear two hearing aids and actually I have very little residual hearing. Without the hearing aids, I would not understand a word anyone was saying here today: even with them, I often miss things. I know the Minister often thinks I do not listen to what she says, but it is not for lack of trying. I am also pleased to see details on hearing loop in priority seats and the wheelchair space, and I am very pleased to see specification on character height for visible information.
I have one point though: the issue of contrast is specified in Regulation 14(5)(b) on page 7. There are good practice guidelines on contrast, which organisations representing people with visual loss are very well aware of, and I am hoping that the Government will take advice and pass it on in terms of the use of the best possible contrast for written information.
There is clearly a public information job to be done as well as training for drivers on these issues, and I would be grateful if the Minister could give us some details about what the Government plan to do to spread this information and good news and raise public awareness of things such as priority seats on buses. We take that for granted on the Tube in London, but that would not necessarily be the case in every part of the country, especially because you cannot see the hearing loop. For someone to have to sit in those seats, public information would need to be available.
I am pleased to see the support from the Scottish and Welsh Governments. It is good to see something on which the Governments across the UK can agree wholeheartedly. It is logical that these regulations exclude demand-responsive transport, but my question to the Minister is about ensuring that any vehicle used on a variable basis—in other words, sometimes for scheduled work and sometimes for demand-responsive work—would have the capacity to provide that information.
My final question relates to something raised by the noble Lord, Lord Young. What happens if the system breaks down, and what happens about the failure by the driver to switch on the information system or to update it from one route to another? What are the penalties for non-compliance and what are the mechanisms to ensure that all bus companies do comply and, if the system has broken down, that the driver makes the announcement? What is the process by which passengers can make complaints if they believe that this is not being implemented properly? Having said all that, the sooner this is introduced, the better.
My Lords, I, too, thank the Minister for introducing this SI. For 10 years, I was managing director of the Underground and, as such, was part of the top team in LT. It is nice to see my former boss smiling at that point rather than frown. For two years, I was chief executive of LT and chairman of London Buses, and programmes from that period resulted in the 98%, of which I am personally proud and proud on behalf of the institution.
I want to introduce an idea of how to make these things happen. The reason why we were so successful is that we would have rules, standards and all that sort of stuff, but we also had a cultural issue. I will get the title wrong, but essentially we had a disability tsar, which meant that whenever hard-nosed people were trying to do things, they were asked whether they had taken account of all sorts of disabilities. It was not just about audio-visual disabilities; it was about things such as stairs, handrails and so on. If you can do that activity from a customer-focused point of view, you get to a cultural difference.
I hope that, insomuch as the department can have some influence in this, it will encourage operators to try to think from the point of view of the customer because there are things that can be done beyond this. One of the most difficult things that we found was the invisible disabilities. The most obvious one is deafness, but you also have intellectual capacity and mental health problems. The more you think from the customer’s point of view, the better results you get .
(2 years, 7 months ago)
Grand CommitteeMy Lords, I too thank my noble friend Lord Berkeley for securing this debate. Bus networks across England are fundamentally broken, and railway operators are breaking records for delays and cancellations. The Statement on 9 March does not solve this. In fact, there was no mention of buses at all. The bus network is used by twice as many people as use trains, yet a lack of reliability across England is holding back the economy and causing misery for millions.
I therefore begin by asking the Minister: does she agree that this is a result of Britain being the only country in the developed world where private bus operators set routes and fares with no say from the public? Fares have consistently risen twice as fast as wages since this Government came to power. While we can all recognise the value of the £2 bus fare cap in England, its time-limited nature, and the fact that many providers have chosen not to take part in the scheme, means that it falls far short of expectations.
Only a new system that gives local communities a say over routes and fares can make the network fit for the future. Mayors across England have been using their devolved powers and funding to bring down the cost of living and put more money in people’s pockets. With greater authority, they could achieve so much more. Will the Minister therefore bring forward new legislation to devolve further powers across England, put the public back in control of the public transport they depend on and end the ideological ban on municipal bus companies?
I was chairman of London Buses for two years, during which time I came to realise what buses mean. More than any other form of transport, they are engines of social change. They carry the old, the young, the poor and the weak. We should be debating not profit but the value they bring to communities, in particular their weakest parts.
On the future of the railways, the Government have again rewarded failure by handing Avanti West Coast an extension. It is the worst-performing operator on the rail network, but its problems are not isolated—TransPennine Express has caused misery across the rail network, with dozens of cancellations every day. After more than a decade of this Government, railways in the north and the Midlands are broken.
Despite fares rising, performance remains unacceptable and promised investment is not being delivered. The scaling back of Northern Powerhouse Rail, coupled with the scrapping of the eastern leg of HS2, is a betrayal of the promise made to the north. This scheme alone could have sparked a rail revolution and created tens of thousands of jobs. Given that the Government based their decision not to go ahead with Northern Powerhouse Rail on seat capacity and time savings, will they now commission that independent assessment so that the north can finally get the rail network it deserves?
Among the minor updates and tinkering in last month’s Statement, the most significant announcement was the confirmation that HS2 is delayed and set to cost the taxpayer even more. This latest announcement appears to confirm that HS2 trains will stop at Old Oak Common for up to 10 years. Is the Minister aware that the Government’s own review and assessment found that this would evaporate time savings, detonate the business case, overwhelm the Elizabeth Line and cost £30 billion in growth?
The railway has now been in chaos, to a greater or lesser extent, for at least a decade. We need to grip its challenges. The Government have a plan with Great British Railways. It seems to me that it is the only plan in town, so why cannot we get ahead with it, to a position where we can hold a single body to account for the railways and their improvement?
A £1 billion cut to the active travel budget was confirmed as part of the announcement, as well as the mothballing of major roadbuilding schemes. What assessment have the Government made of the impact of this on rail and buses? Does the Minister expect that it will increase demand?
The piecemeal announcements on 9 March fall far short of people’s ambition for buses and rail. We need the Government to put passengers back at the heart of our railways and bus networks and build the infrastructure fit for the century ahead, unlocking jobs and growth. I hope the Minister will reflect on the comments made during this debate and that the Government will reassess their investment plans.
My Lords, I am very grateful to all noble Lords who have contributed. As ever, I will reflect carefully on those contributions. I am grateful to the noble Lord, Lord Berkeley, for once again giving noble Lords the opportunity to discuss buses. It is a subject close to my heart, and I think we all agree that we want the same thing; we are dealing with how, on the pitch that we are on, we can achieve the sorts of services that we would like to see.
Let me start by commenting on the announcement on 9 March. Essentially, the £40 billion set out in that Statement was the capital investment for transport over the next two financial years. Sometimes it is easy in transport because the figures get very big very quickly, but it is a significant amount of money that we are going to invest in our transport systems—that is across all modes—and it does not include the further funding that is committed for revenue support in terms of the services as well.
I shall try to focus my reflections today on rail, both high-speed and traditional, and local transport. I accept that there were some comments on active travel and roads, the responses to which I may put in a letter after the debate—certainly, the figure given for the reduction in active travel funding I just do not recognise.
When we restated the amount of funding that will be forthcoming in the next two financial years, we did so in the face of two quite significant challenges. The first is the overall decline in the number of passengers on the railways and on buses, as well as a change in the nature of travel, because fewer people are going to work —indeed, we have seen a welcome rise in the amount of leisure travel taking place. The second is financial. There has been significant inflation within the construction sector. That is not a homogeneous situation; some things are inflating at a higher rate than others, and it is time to reflect on the impact of that inflation and to consider how we can de-risk the investments that we want to make.
The Transport Secretary’s statement set out which sections of HS2 the Government are prioritising to deliver as planned and which sections need to be rephased to take into account that inflationary pressure on the cost base. Cost estimates for each phase of the programme will be published. His announcement clearly requires officials to work through the consequences with HS2 and the supply chain to firm up the information that we have.
The six-monthly updates will continue to be laid before Parliament as they have been previously. We will of course endeavour to put in every single update as much information as we have at that time. We will not have all the information immediately, because various things will be worked through at a different time.
We confirmed that the first stage of HS2 will be delivered as planned between Old Oak Common and Birmingham Curzon Street by 2033. Sometimes, I am mildly disappointed by the noble Baroness, Lady Randerson, making comments such as “serious doubt about the project” and “unlikely to go beyond Birmingham”. I am not sure where such observations have come from, because we have been quite clear in our plans.
On the rail system more generally, as the Secretary of State said during his Bradshaw address,
“operating the railways is currently financially unsustainable and it isn’t fair to continue asking taxpayers to foot the bill”.
We have to be very careful about the costs, thinking particularly about the depressed revenue that we are seeing at the moment.
(2 years, 8 months ago)
Lords ChamberThere are many things that the Government are doing, because not all train operating companies in the north are the same; they all have slightly different challenges and some have been able to address those challenges more quickly than others in certain circumstances. The challenges fall into three areas. The first is absence and sickness, which is higher than it really should be, and that needs to be addressed. The second is rest day working and overtime. Noble Lords will all know about the national industrial action that happens periodically, and there is also other industrial action around rest day working and more localised disputes. Those are having very significant impacts on services. The last, in some circumstances, is driver departure, as some drivers are choosing the leave the industry. As my noble friend points out, those are the sorts of things we have to consider. We have got action plans for each of the train operating companies, but each one will have slightly different challenges to address.
My Lords, the Minister has just described a railway that is in a mess. Is the new Great British railways going to sort this out? If the answer is yes, why are we not seeing a Bill to make it happen? Does the Minister know when such a Bill is going to be introduced?
(2 years, 9 months ago)
Lords ChamberMy noble friend is quite right. One should not drive at another car with full-beam headlights on; it is right that they are dimmed. However, many vehicles nowadays have a manual system for levelling the aim of headlights; the problem is that not enough vehicle owners know how to use it. That is why we asked the UNECE to look very closely at the automatic systems that are available to see whether that would help.
My Lords, I return to the point on road markings and cats’-eyes. An awful lot of road junctions have become increasingly complex. Good road marking is crucial to finding your way around them, but it usually seems to be only white lines on dark surfaces, and there seems to be a world shortage of white paint. Over and over again, the best you can see is a shadow during the day; at night, particularly when it is wet, you are all alone trying to navigate the complexity.
My Lords, the Government set out guidelines for local authorities on road markings and all sorts of different things on the streets. We are currently looking at revising these but, of course, for most roads across the country, it is for local authorities to make sure that they are marked up appropriately.
(2 years, 9 months ago)
Lords ChamberMy Lords, I thank the noble Lord, Lord Snape, for introducing this very interesting debate.
Under this Government, fares are rising and the promised investment is not being delivered. For Ministers to decide that this should be a priority, rather than the introduction of a Great British Railways Bill, therefore beggars belief. This instrument adds further complexity to the ticketing system. I therefore begin by asking: how have the Government communicated these changes to passengers?
The department has said that it seeks to increase penalties to deter fare evasion more efficiently. Can the Minister confirm whether there has been an assessment of the unintended consequences that this could have on individuals who have been unable, rather than unwilling, to purchase a ticket? Given that this has been introduced to address concerns of operators, can she confirm whether the department has also engaged with trade unions to ask their thoughts on the changes?
The noble Lord, Lord Snape, raises a series of points which I echo. I specifically support his criticism of Avanti West Coast. The Government’s decision to extend that contract was seen by the public as a reward for abject failure, and I still cannot understand why the Government chose to hand over millions more in taxpayers’ cash to an operator that has so clearly failed.
I share the noble Lord’s concerns regarding ticketing too. All this is evidence of the broader problem with the Government’s rail policy—a lack of direction. Short-term decision-making has held back long-term planning on the rail network, whereas modernisation, simpler ticketing and guaranteed universal accessibility is clearly not a focus for Ministers. The noble Lord is right to draw attention to the delays in implementing the Williams-Shapps review and the promised legislation. Can the Minister confirm whether a railway Bill will be introduced in this Parliament?
The Government must be far more ambitious about our railways and, rather than tinkering with minor changes to penalties, should bring forward the changes that they have promised.
My Lords, I am enormously grateful to the noble Lord, Lord Shapps, for giving your Lordships’ House and indeed me—