South West Rail Resilience Programme

Debate between Lord Whitty and Baroness Vere of Norbiton

Monday 22nd May 2023 Lords Chamber

[Lord Whitty (Lab)]

My Lords, on behalf of my noble friend Lord Berkeley, and with his permission, I beg leave to ask the Question standing in his name on the Order Paper.

[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.

--- Later in debate ---

[Lord Whitty (Lab)]

My Lords, I am glad to see that Members are so keen to speak. I thank the Minister for her reply, but it does not really answer the Question—or it does so only partly—and it does not reflect the importance of this line to the already existing problems of transport links to west Devon and Cornwall. Can she reassure us that the vital fourth and fifth phases—she mentioned the fourth, but not the fifth—will indeed be fully funded by Network Rail and the department? Can she give us an estimated date of completion to restore full resilience to this vital link to the far south-west?

[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.

HGV Drivers

Debate between Lord Whitty and Baroness Vere of Norbiton

Tuesday 26th October 2021 Lords Chamber

[Lord Whitty (Lab)]

My Lords, this crisis was eminently predictable in light of the age profile of UK haulage drivers and the prospect of Brexit. Do the Government now recognise that temporary visas and increased testing capacity will not resolve the basic problem? Do Ministers accept that in order to attract and retain the next generation of HGV drivers we need not only to provide more training, increase pay and stop the permanent escalation of hours but to improve working conditions, particularly adequate and hygienic facilities at lorry parks, which are provided by public authorities in much of the continent but not here, so that too many drivers have to sleep in their cabs?

[Baroness Vere of Norbiton (Con)]

I think that the noble Lord has just pointed out the complex and convoluted nature of the solutions to this problem, which is indeed long-standing. I say again that we are working closely with the industry on this. Of course it is not just the haulage industry that has skin in this game; it is also the people who provide services to the haulage industry. The noble Lord will be pleased to hear that I am working with National Highways to figure out what we can do to improve services at motorway service areas and to see whether we can develop some more.

Lorry Drivers

Debate between Lord Whitty and Baroness Vere of Norbiton

Wednesday 7th July 2021 Lords Chamber

[Lord Whitty (Lab) [V]]

The Minister appears to be blaming the industry and the pandemic but, given that she referred to discussions in 2016 and 2018, do the Government not have some responsibility in this respect? This crisis was eminently predictable, given the age profile of drivers and the likely reaction of east European drivers to Brexit. Do the Government need more powers and responsibilities to establish an emergency programme of training for qualified HGV drivers and to implement it in concert with the industry, unions and FE sector now?

[Baroness Vere of Norbiton (Con)]

I have said that this is a partnership between the industry and the Government. We will do what we can and we need industry to step up to the plate. I reiterate that the HGV levy has been lifted until mid-2022. That is a huge saving for the sector. It has the money that it could now invest in skills, and I very much encourage it to do so.

E-Scooters

Debate between Lord Whitty and Baroness Vere of Norbiton

Thursday 22nd April 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

When one purchases an e-scooter, the vast majority of retailers say that it is for use on private land only. I will take the noble Baroness’s comments back to the department to see what else we can do.

[Lord Whitty (Lab) [V]]

My Lords, given the dangers to pedestrians, particularly disabled pedestrians, how come there are scooters on the pavement within a few hundred yards of the Palace of Westminster and elsewhere, when it is against the law to be on the pavement anywhere? How come there have been so few prosecutions and that you are still allowed to buy and sell these scooters when, in the trial areas, you must use those provided by designated renters only?

[Baroness Vere of Norbiton (Con)]

I have probably addressed many of the issues that the noble Lord points out. I will take that point about enforcement and what more we can do back to the Home Office. E-scooters should never be on the pavement, as is the case with bicycles. The OECD’s international transport forum analysed various global studies of e-scooter safety and concluded that they are broadly equivalent to cycles. That may or may not be reassuring to the noble Lord.

International Travel

Debate between Lord Whitty and Baroness Vere of Norbiton

Wednesday 9th September 2020 Lords Chamber

[Lord Whitty (Lab) [V]]

My Lords, I associate myself with other noble Lords calling for proper provisions for the aviation and aerospace sector. These latest constraints will sadly affect it. Does the Minister not agree that effective testing at airports, plus a follow-up a week later, would catch most cases coming into the country, and that this would be far more enforceable than 14-days’ quarantine for everybody who comes into our country?

[Baroness Vere of Norbiton (Con)]

I agree that if we could assure ourselves that that sort of regime would work, we would put it in place. But as I have said in response to previous questions, this work is ongoing, and we will not put anything in place unless we are sure that what we are putting in place will work.

Covid-19: Airline Sector

Debate between Lord Whitty and Baroness Vere of Norbiton

Monday 29th June 2020 Lords Chamber

[Baroness Vere of Norbiton [V]]

I would not like to prejudge what conditions would be put on any bespoke funding for any particular airline that might be under consideration, but I reassure the noble Baroness that we are investing in greener fuels for the aviation sector. On 12 June, the Secretary of State set up the Jet Zero Council, which consists of the Government, aviation and environmental groups to look at how we are going to achieve net zero emission flight as soon as possible.

[Lord Whitty (Lab) [V]]

My Lords, I declare an interest as vice-president of BALPA and as a member of the GMB. Given that the Government have rightly set up an aviation restart and recovery group, would it not be sensible for Ministers to ask all UK airlines and the aerospace sector to agree a moratorium on all major redundancy and restructuring plans until a clear strategy emerges from that group? Otherwise, they will risk losing vital skills and experience which will be essential in the new situation. When can we expect a clear strategy to emerge from that group?

[Baroness Vere of Norbiton [V]]

The noble Lord is quite right that there is a tension at the moment in that the aviation sector is suffering and jobs are being lost and we must look to the future as quickly as possible. Certainly, the aviation sector is going to have to shrink—one hopes, temporarily. As the noble Lord pointed out, the restart, recovery and engagement unit within the Department for Transport is working at great speed with the sector and many others including the unions to come up with a recovery plan.

Covid-19: Public Transport Safety

Debate between Lord Whitty and Baroness Vere of Norbiton

Tuesday 12th May 2020 Lords Chamber

[Baroness Vere of Norbiton]

I would challenge the noble Baroness in her assertion that the operator guidance is vague. It sets out the key elements that the operators must consider, but the important element is that each operator will be coming up with their own specific risk assessment which is suitable for their environment and their workforce, and, equally importantly, they will be consulting their workforce to ensure that the risk assessment is appropriate and that workers feel safe.

[Lord Whitty (Lab)]

My Lords, the Minister acknowledges the importance of ensuring that transport workers are safe. However, any substantial return to work is bound to increase the vulnerability of transport workers and staff; she has cited the case of bus drivers. I regret to say that one of the London bus drivers who died was a friend and former neighbour of mine. Would it not have been more sensible to precede any general encouragement to return to work not with advice but very clear rules: on numbers, on social distancing and, above all, on face masks for passengers and staff on public transport? If not, and if there is nobody to enforce those standards, we will see a continuing problem with many transport workers.

[Baroness Vere of Norbiton]

My Lords, the guidance for transport operators and passengers sets out clear expectations for two-metre social distancing. At some stages that will not be possible: on busier routes and at busier times, and at certain points on the journey. The Government also advise that people should use face masks or face coverings in enclosed spaces, particularly on public transport. I am not sure how much clearer the Government can be on that.

Air Traffic Management and Unmanned Aircraft Bill [HL]

Debate between Lord Whitty and Baroness Vere of Norbiton

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

[Baroness Vere of Norbiton]

I thank the noble Lord, Lord Whitty, for tabling these important safety amendments. I will take a moment to rebut the noble Baroness, Lady Randerson, who seems to imply that, for some reason, the Government do not care about safety. Continually her remarks seem to imply, “Well, we see the danger and the Government do not.” The Government do see the danger and are looking at all ways to mitigate it, while not crushing an industry that could be incredibly important to our nation and its future.

I shall address in detail the three amendments tabled by the noble Lord, but I want to reassure him and noble friends on the Benches behind me that the Government feel that maintaining the highest standards of safety is a top priority, in relation to both manned and unmanned aircraft. That is why failing to meet requirements such as being reasonably satisfied that a flight can safely be made are already offences under the Air Navigation Order. More serious offences such as endangering the safety of an aircraft could also apply.

For example, Amendment 33A refers to “inbuilt safety features”. They are not necessarily defined, but I take it that we should talk about the thrust of the amendment rather than the detail. As has been covered several times today, the EU regulations being transposed into UK law cover much of what is covered by the noble Lord’s first amendment. The inbuilt safety features to which I think he is referring, such as electronic conspicuity, are within that. The noble Lord mentioned that they could not be turned off—indeed they cannot, because should they be turned off that would be illegal, as the devices would then not have electronic conspicuity. Under the regulations in place—we are in the transition period—those things would have to be on and functioning. Turning them off would not be an option, because that would then be illegal.

On being under the influence of drugs or alcohol, again, this is a really important area. Under the Air Navigation Order, for any remote pilot—that is, the person flying it rather than the person who takes responsibility for it or owns it—who flies a small unmanned aircraft without being reasonably satisfied that the flight can safely be made, perhaps because they are under the influence of drugs or alcohol, there is a potential fine on conviction of up to £2,500. For further, more serious cases of unsafe flying, a pilot found guilty of recklessly or negligently causing an aircraft to endanger a property or person could be sentenced to up to two years in prison, which is quite a significant sentence for being over the limit.

However, I want to bring to noble Lords’ attention more specific regulation: that is, the implementing regulations. I have talked a lot today about delegated regulation today; there is also the implementing regulation, which is also coming from the EU. That states specifically that a remote pilot must not fly an unmanned aircraft when under the influence of psychoactive substances or alcohol.

Therefore, while I accept that the noble Lord’s intention is to make safety changes—and safety is our highest priority—I hope that I have been able to convince the noble Lord, at least for the time being, that we already cover the issues that he hoped to raise.

[Lord Whitty]

My Lords, I thank the Minister for her support for the intention of the amendments. On the third amendment, on alcohol and drugs, whether or not the matter is covered by EU regulations in one sense, it is important that operators of drones understand that they should be under the same degree of discipline and self-control as pilots. It is therefore important that it appears in the same place in primary legislation. I am grateful to the Minister for spelling out that there is implementing legislation as well as the initial transposed EU legislation, which may make that clearer—but, even so, it is important that people on the ground do not regard themselves as being in a different category from those in control of aircraft in the air. I do not therefore completely accept that the matter is already covered.

On the first amendment, I say in reply to the noble and gallant Lord, Lord Craig, that, clearly, we are talking about the legally required safety regulations. Again, I hope that the Minister’s assurance that this matter is already covered stands up and I would welcome that being spelled out in letters that I could share with my colleagues. We will see whether we need to come back on that.

On single operatives, I accept, as I said in opening, that technology may get us to a situation where, for certain specific purposes, there is a single controller of a number of machines. I think that that should be dealt with as an exception, however, so that if an inspection company for a pipeline or a navigation, or for land management purposes, wants to use a single controller for several drones that are all doing the same task, or different aspects of the same task, that should probably be dealt with under an exceptional licence.

The principle should be that there should be one pilot for one machine, which is what this would require. The Minister did not comment in great detail on that: no doubt she can have another look at it. I am pleased that there seems to be general support for the principle, even if some of it may already be indirectly on the statute book through European legislation. I am very grateful, of course, for the Government’s endorsement of retaining that European legislation, in this field at least. For the moment, however, I beg leave to withdraw the amendment.

European Union (Withdrawal Agreement) Bill

Debate between Lord Whitty and Baroness Vere of Norbiton

Committee: 3rd sitting (Hansard continued) & Committee stage & Committee: 3rd sitting (Hansard continued): House of Lords
Thursday 16th January 2020 Lords Chamber

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

My Lords, I thank the noble Lord, Lord Whitty, and members of his committee, including the noble Baronesses, Lady Randerson and Lady Noakes, for their very thorough report in May 2019, Brexit: Road, Rail and Maritime Transport. I also thank the noble Lord, Lord Tunnicliffe, for his contribution today. While I appreciate the intended effect of the amendment proposed by the noble Lord, Lord Whitty, it is at best unnecessary and at worst unwise, as I hope to explain.

The first part of the noble Lord’s amendment relates to transport during the implementation period. It is worth reiterating that, once the withdrawal agreement is ratified by the EU and the United Kingdom, EU law will continue to apply in the UK during the implementation period, and the Government will make regulations as appropriate. This will guarantee that the transport of freight and passengers will continue to operate smoothly, just as it does now. So in the implantation period, nothing changes. I hope this reassures the noble Lord that this part of the amendment is therefore unnecessary.

Regarding arrangements for the moving of freight and passengers by road, rail, air and sea between the UK and the EU after 2020, these considerations will form a very important part of the negotiations with the EU and should be allowed to proceed without undue impediment. While it is beyond the scope of today’s debate to go into great detail, I will take this opportunity to reassure noble Lords that the Government are fully prepared across all four modes: roads, aviation, rail and maritime. The landscape is complex, but the challenges are not insurmountable, and the work done in your Lordships’ House and beyond has been critical in crystallising our understanding.

On roads and road haulage, while international haulage accounts for only a small proportion of haulage activity in the UK, it is essential for our imports and exports. The political declaration therefore identifies road transport as an area for negotiation. We hope to agree arrangements that will allow the haulage industry to continue to act as the vital enabler of wider economic activity, while respecting our right to decide for ourselves how we regulate this sector in the future. We are developing a programme of discussions with the haulage sector on the future relationship, and this will include regular industry round-table meetings.

The noble Lord, Lord Tunnicliffe, mentioned permits and the time taken already by your Lordships’ House on a permitting system. This has helped our understanding of the challenges that the haulage industry will face. The Government are aware that the ECMT permitting system can be limited, and therefore if we do not have an agreement, we will look at bilateral arrangements with individual countries. Many of those historic bilateral road agreements can be restarted, and we have them with all EU member states, excluding Malta for reasons of geography. These would be the foundation for maintaining connectivity. However, our immediate focus is on getting an arrangement, particularly for road haulage. There is huge interest on both sides to make sure the arrangements work and that we are able to serve the supply chains across all nations.

Private motorists are also mentioned in the political declaration. Noble Lords will recall that by ratifying the 1968 Vienna Convention on Road Traffic we have already ensured that UK driving licences should be recognised in EU member states which also ratified the convention. Ireland, Spain, Cyprus and Malta have not ratified this convention, but we have ensured that UK driving licences should be recognised in those countries through their ratification of the 1949 convention. We are prepared to consider complementary arrangements where those would make sense.

Another example is on type approval for vehicles. The Government are working on implementing a UK type approval system to regulate which vehicles may be sold on the UK market, so that we remain confident that vehicles registered in the UK are safe, secure and clean. The UK is a respected member of the UNECE World Forum for Harmonization of Vehicle Regulations. We expect to maintain our high level of influence over the development of international vehicle technical standards.

On aviation, the political declaration foresees a comprehensive air transport agreement that will provide market access for UK and EU airlines, and provisions to facilitate co-operation on aviation safety and security, and air traffic management. The UK has long-standing expertise in negotiating aviation agreements and is fully prepared to reach a beneficial deal.

The noble Baroness, Lady Randerson, mentioned the safety agencies. Within the field of aviation that is the EASA, a significant player with whom the UK works closely. It is paramount that the safety and security of all passengers travelling in the UK and EU is not compromised under any circumstances. We want our consumers and EU consumers to continue to experience the best safety practices, when flying both to and from the UK. The Government understand the industry position on the UK’s continued participation in EASA and we will continue to work closely with industry throughout the negotiations.

On rail, arrangements are already in place for services through the Channel Tunnel and on the island of Ireland to ensure that these cross-border services continue in all circumstances. These arrangements will be supplemented by bilateral arrangements with France to support the continuation of these mutually beneficial services over the longer term, and we will continue to support the Northern Ireland Civil Service in future discussions with Ireland. The Government want to secure a close relationship with the EU transport safety agencies, including those for rail, as part of our future relationship.

Finally, maritime is a global sector and largely liberalised in practice. The UK’s departure from the EU will not create obstacles for UK ships in accessing EU ports. However, free trade arrangements can provide the legal certainty to underpin the market access that exists in practice.

The amendment of the noble Lord, Lord Whitty, also proposes a reporting requirement, a debate in both Houses and a vote thereon. On reporting, there is no need to set out—indeed, there may be a significant detriment in setting out—bespoke statutory reporting requirements on a specified date. I hope noble Lords agree that imposing a statutory duty on a Minister to provide public commentary at a fixed point in time on the likely outcome of confidential negotiations risks seriously disadvantaging negotiators acting for the UK. However, I highlight the comments on scrutiny made by my noble friend Lord Callanan in your Lordships’ House yesterday. It will remain the case that both Houses will have all the usual and long-standing arrangements for scrutinising the actions of the Government.

Let me summarise the Government’s response to the two key elements of this amendment. First, the smooth running of transport during the implementation period is already guaranteed. Secondly, the proposed report being published during the course of the negotiations is unlikely to be helpful and may significantly undermine the UK’s negotiating position. Given these considerations, I hope that the noble Lord, Lord Whitty, will feel able to withdraw his amendment.

[Lord Whitty]

I thank the Minister for that very full reply, and I thank colleagues, particularly committee members, who contributed to this debate. I accept some of what the Minister said, in the sense that, theoretically, during the implementation period nothing is supposed to change—but some of the mechanisms for ensuring that things do not change have disappeared. That is probably an issue for my next amendment because, if we are not involved in discussions in the various agencies and issues arise, there will be a problem in the implementation period.

I agree that the real problem is from the new date of 31 December—or, in deference to my noble friend on the Front Bench, 22 December or thereabouts. The whole point of me asking for a report in July is to ensure that, in good time for the December date, all the various sectors, plus individual motorists, brokers and insurance companies and so forth, understand the position. It may be over-glossing it to require a vote of both Houses, but I think the industry and the nation require a comprehensive report, in some form, to the House and the country, to explain what will happen in all these modes of transport beyond December.

I will not press this amendment or the July date. This was always a probing amendment, and I have got a number of commitments from the Government, for which I am grateful. I am sure the Government are well aware of all these issues. I am not sure I entirely agree with my former colleague on the committee, the noble Baroness, Lady Noakes, about the degree of preparedness of Ministers before us; that was probably true of the last Minister we saw, but it may not have been true of earlier Ministers. I shall draw a curtain over that.

I accept the Government’s good intention in this respect, but, in the coming months, they will be under pressure from these various sectors to have greater clarification. It would be quite a good idea if we debated that again in the House, in whatever form the Government think is appropriate. Otherwise, we could still be in a situation where there is chaos in at least one of these sectors on 1 January next year. I beg leave to withdraw the amendment.