(2 years, 8 months ago)
Lords ChamberMy Lords, will my noble friend accept that there is outrage across the House at these developments? The shock wave is such that no one quite understands what the implications are for other companies if they seek to do the same. Can my noble friend explain what the position is under the retained EU law that we have spent hours, days and weeks on since we left the European Union? I understand that means if a company wishes to act in this way, there has to be a statutory period of consultation. Why does that not apply in this case? Is it deemed to be an international route now because we are a third country? The difference in 2020 was that we were part of the European Union. Is that a clear understanding of the situation?
The only other point I would like to raise is: what is the ability of Her Majesty’s Government now to requisition such ships as owned by P&O if we encounter a time of hostility? Are we still able to requisition its services as we were in the past when it was owned under a British flag?
I will have to write to the noble Baroness about requisitioning. I believe that these vessels all fly under the flag of Cyprus and have done for some time. I am afraid that I am not an expert in requisitioning, but the law surrounding the employment of these seafarers is very complicated. There may be various jurisdictions under which they fall, but in previous times when redundancies have happened—and I mentioned earlier redundancies in 2020 and 2021—there was consultation and notification. So it is not right that this time P&O felt that it could get away scot free by not at least having the conversation. We recognise that sometimes negotiations do not work out and employers may have to make difficult decisions about making people redundant, but it must be worth at least having that conversation.
(2 years, 8 months ago)
Grand CommitteeMy Lords, perhaps I could ask for a point of clarification. I am here for the next business; I was not intending to speak. My noble friend the Minister eloquently moved the regulations, for which I am grateful. If we are going further than was originally intended, does this put us out of kilter with the flow of traffic across to the EU or is it neutral in that regard? That is my only question.
My Lords, I start by thanking the Minister for her explanation, including of the error. I am happy to accept that it will be corrected in due course.
The Government are going to some lengths here to comply with the terms of the TCA—but only just. This SI certainly follows the letter of our obligations under the TCA but does the absolute minimum required to do so, and in doing that, actually creates a more complex situation. As with so much associated with the post-Brexit legislation, it makes life more difficult and complex for small businesses.
The new EU regulations are tightening road safety requirements—that is obviously the intention of all this—by applying licensing to heavy goods vehicles that are less heavy than was previously the case. The Secondary Legislation Scrutiny Committee notes that this will apply to around 4,200 goods vehicle operators. It also notes that the legislation applies to Northern Ireland, too. In the case of Northern Ireland, the realities of the situation include, of course, not just the protocol but the fact that, in practice, goods vehicles cross and re-cross the border all the time, and can do so even if, for example, they start out in Northern Ireland to deliver goods to Northern Ireland, going east to west and west to east; the route can take them across the border several times. That is the way the road runs. So this could be a requirement for Northern Ireland operators a great deal more often than it will be in GB as a whole. So my question to the Minister is: am I right to assume that the vast majority of operators in Northern Ireland will have to adopt these new licences, at least as a precautionary principle?
In Britain as a whole, people will not need the licence for passenger vehicles—or they will not once the Minister has corrected the legislation. That seems simple enough, but it will also not be needed if the vehicle is not to be used internationally for hire or reward. That is a more complex issue. It is quite obvious if the vehicle you are running is a passenger vehicle, but it is less obvious if it is going to travel abroad. If you are running a Tesco delivery vehicle, you will know that it is not going abroad. But suppose you do small-scale removal of domestic equipment; you might operate for months or years without ever going abroad, then suddenly get a job that involves doing so. For a long time, you would have assumed that you do not need this licence, but that might prove a mistake and you might need to get it. That is why transport managers are so important. As the people responsible for licensing and insurance, it is their job to make sure that that sort of error does not happen, but there are some very small companies in which this kind of role might be overlooked.
The SI allows for a period of exemption so that companies and their managers can gain the required certificates. The Explanatory Memorandum says that efforts have been made to do this in time to allow companies to prepare, but in fact it comes into force on 21 May, which is a very short time span. I accept that the Government will do their best on this from this day onwards, because it comes into force tomorrow, but it is not long for people to prepare.
I welcome the limitation on who can take up acquired rights based on their previous experience. From paragraph 7.18 of the Explanatory Memorandum, it is obvious that training for transport managers increases safe working practices. I welcome the much more stringent requirement for transport managers generally, such as the limitation on the number of vehicles they can supervise, but it is illogical that they can operate an unlimited number of domestic vehicles. If you run a company with hundreds of vehicles, you will have little time to deal with the relatively small number of vehicles that are used internationally. My question to the Minister is: does the nation have a ready supply of properly qualified and experienced people for the role of transport manager, as it will obviously become more complex? Will the lack of transport managers be yet another hurdle for the freight industry to face this year?
I have a question to the Minister about paragraph 7.30 of the Explanatory Memorandum, which says that there will not be local advertising of the need for the new licences. So how will the industry know about them? What are the Government doing to inform freight operators in general, especially small companies? The big companies will know, but the small companies will need help.
I have another question for the Minister, about the enhanced role for traffic commissioners that comes from this legislation. They clearly have an important regulatory role, but what additional resources are they being allocated for this important additional work?
Finally, paragraph 7.35 sets out a new requirement for operators to try to prevent “bogus operations”. This is clearly informed by bitter experience of the past. I do not think it is necessary for the Minister to explain it to us here, but there is clearly a problem. As this is obviously a significant and specific problem that is being dealt with in this legislation, can the Minister tell us how such activities will be inspected to ensure that the requirement in paragraph 7.35 is as effective as the Government clearly hope it will be?
(2 years, 8 months ago)
Lords ChamberHow could I disagree with that? That is absolutely right, but there are lots of factors in terms of increasing frequency, and part of that involves local authorities putting in bus priority measures so that buses can make it through congested areas. The noble Lord mentioned the levelling up White Paper and the importance of buses in that regard. I have to agree. We did say that by 2030, local public transport connectivity across the country will be significantly closer to the standards of London. We mean that, and this is a good step along the way.
My Lords, will my noble friend update the House on the position of concessionary fares for buses, and will she join with me in saying how important they are to rural life, enabling people to go about their everyday activities such as shopping, visiting hospitals and attending doctors’ appointments?
I absolutely agree with my noble friend, and there is an awful lot that we will work together on with the local authorities, versus what they have in their BSIPs, to encourage those who do have concessionary passes to come back to bus, because we miss them terribly. Regarding concessionary payments, we published concessionary travel recovery guidance—late last year, I think, but definitely pre-omicron—that looked at how we are going to get concessionary fares matched up to passholders. At the moment, there is a discrepancy because we are paying concessionary amounts out in full. We are looking at that again to make sure it takes omicron into account, but I agree with my noble friend that concessionary passholders are welcome back to bus any day.
(2 years, 9 months ago)
Lords ChamberTo ask Her Majesty’s Government what plans they have to amend the Highway Code.
My Lords, following parliamentary approval, the Highway Code was revised on 29 January 2022 to include alterations to improve safety for cyclists, pedestrians and horse riders. Changes relating to the use of hand-held mobile phones in vehicles were laid before Parliament on 1 February. Further changes covering the use of self-driving vehicles are planned and will be laid before both Houses of Parliament later this year.
My Lords, would it not be a good idea to present all the changes to the Highway Code and consult on them in one go to prevent a piecemeal approach? Do I not have the expectation as a pedestrian to be able to walk safely along a pavement without the risk of being mown down by e-scooters? For what reason are e-scooters still excluded from the Highway Code? When do my noble friend and the department imagine that death and injury caused by cyclists and e-scooters will be put on the same basis as other motoring offences?
(2 years, 10 months ago)
Lords ChamberMy Lords, I was so sorry to have missed the earlier debate in full: it looked very exciting—and I rather think that this debate might be exciting as well. There might be quite a lot of opposition.
In spite of having tabled a regret Motion, I am, in fact, fully in favour of these changes, and I congratulate the Government on their foresight in actually bringing them in to make our roads safer. It is absolutely brilliant. I wholeheartedly welcome the changes to the Highway Code. They try to create a situation on our roads where those who can do the greatest harm have the greatest responsibility to reduce the danger that they may pose to others. That means that a cyclist should assume responsibility for the safety of those walking; and a driver has greater responsibility to look out for those cycling, horse-riding and walking. [Interruption.] Shush!
It means that car drivers do not turn at junctions when someone is waiting to cross the road—although I have to say that I thought that was the rule already, and I always stepped out fearlessly, scowling at the drivers. So I am glad that that change is being made. It means that drivers should not cut across people on cycles and horse-riders travelling straight ahead when the drivers are turning at a junction. It means that drivers use the “Dutch reach”, using their left hand to open the door, which makes the driver look over their shoulder to check for nearby road users.
All this is common sense, so I am quite curious about what people perceive as the problem. In fact, of course, the answer is that many drivers believe that might is right: the bigger your vehicle, the more right of way you have. In the UK, drivers are still buying bigger and more polluting vehicles. These are safer vehicles—but only for them, the drivers. Road casualties have fallen a lot over the past three decades, but that is because far fewer car drivers are being killed or injured, because cars are safer for their drivers. The number of pedestrians killed or injured in busy cities such as London has plateaued rather than declined. We made safer vehicles but we did not create safer roads.
Many drivers think that they are beyond the law. In 2018, a staggering 540 people were injured or killed every week in Britain. That is the most phenomenal cost in all sorts of ways. It costs the NHS; it costs the emergency services; it costs social services to mop up after these collisions and injuries, some of which of course are life-changing. We have lawless roads, and the reason for that is that road crime is not treated in the same way as regular crime. I have always supported our amazing traffic police; they do an incredible job against the odds. They make the most astonishing number of arrests because, when they see an illegal car moving around and they stop them, they quite often find that the drivers are criminals: they have drugs and weapons and all sorts of stuff in their car.
The problem is that many drivers will pay as much attention to these changes in the Highway Code and the guidelines as Boris Johnson did to the Covid rules. Our only hope is a massive publicity campaign to convince the majority of people that being a responsible driver or a responsible cyclist—or even a responsible pedestrian—is a matter of courtesy, caring and common sense. We need the same energy that went into the TV ads for the Green Cross Code, drink-driving or “clunk-click”. Without that, I am worried that these changes will escalate injuries on the road. Pedestrians will assert their right to cross the road at a side junction, and car drivers or cyclists will not stop. Pedestrians will be in the right, but that will not stop them being hurt.
These new measures need immediate publicity, including notices, for example, sent with every notification that drivers receive. I found out about these changes only by accident, and if I, who care a lot about road safety and road danger, found out about them only by chance, there are going to be an awful lot of people who have not heard about them yet. So I appeal to Ministers to spend the money to make these Highway Code changes relevant and noisy. I hope they will be a small step towards changing the culture of lawless roads, which leaves so many grieving for lost family and friends and many thousands suffering from life-changing injuries. I beg to move.
My Lords, I congratulate the noble Baroness on securing this debate and on so ably setting out the changes, on which I will not elaborate. It is not entirely clear whether cyclists or drivers of e-scooters will be covered by these changes as well, so I hope that the Minister might address that in her reply. Does she agree that one of the difficulties of the present Highway Code—and, in particular, with these current changes—is that cyclists can, on occasion, display insufficient regard for other road users. I echo what the noble Baroness, Lady Jones of Moulsecoomb, said about insufficient awareness.
I speak from the vantage point of a rural dweller who travels on country lanes a lot by car rather than by bicycle, particularly in North Yorkshire and County Durham. What concerns me is that, if I understand the Highway Code changes correctly and cyclists are to be asked to cycle in the middle of a country lane, it is going to be impossible for other road users to pass them safely. I want to flag this up to my noble friend the Minister, since in the pubs and tea rooms of North Yorkshire people will talk of little else until these come into effect. It would be helpful to know whether that is the case. Also, with regard to cycle lanes in cities, is it the case that cyclists are now requested not to use them if they do not feel safe but to revert to using the lane?
Finally, my noble friend is aware of my Bill to amend the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988, extending the Road Traffic Act 1988 to include the offences of causing death by dangerous cycling, causing serious injury by dangerous cycling and causing death by careless or inconsiderate cycling. The reason why I raise this in the context of the Highway Code is to ask whether we require primary legislation to make these changes. I was delighted to hear the Secretary of State announce that the Government are now prepared to make these changes. Do we need legislation? Can I lay my Bill to rest, or do we actually require primary legislation? If so, when do the Government intend to bring that legislation forward?
My Lords, as a former Secretary of State for Transport and a keen cyclist, I very much welcome the new Highway Code and congratulate my noble friend and her colleagues in the department on producing it. It makes a very sensible adjustment in terms of the trade-off between pedestrians, cyclists and horse riders on the one hand and those driving cars and motor vehicles on the other. As such, it goes with the grain of the Government’s overall transport policy of promoting sustainable forms of transport. My only reservation, which has already been touched on, is not about the measures themselves but about the information vacuum that has been filled by some inaccurate press reporting, which I will come to in a moment.
Four years ago the Government committed to revising the Highway Code to improve safety for pedestrians and cyclists. Cycling UK, along with Living Streets and others, put forward proposals that were then refined by the snappily named Highway Code review stakeholder focus group. These went out to consultation, and what is before us basically reflects those proposals.
I welcome the principle that those using the roads in vehicles with a greater potential to endanger others have a greater responsibility to avoid doing so, which seems to me to be self-evident. I welcome the advice to cyclists to stay away from the edge of the road and from potholes and parked cars. This has actually been the advice given to cyclists for the past 16 years in the government-backed Bikeability training scheme, but it has only just made it into the Highway Code. It does not advise cyclists to pedal in the middle of the road or to ride two abreast all the time, but it does say that that can happen in certain situations when it is safer to do so.
On cycle lanes, which I welcome—indeed, I successfully campaigned for the first one in Hyde Park in the 1970s—perhaps cyclists should be encouraged to use them where we have them. I know that car users are irritated to find cyclists on the road when there is a parallel cycle lane. The relevant rule 140 says:
“Bear in mind that cyclists are not obliged to use cycle lanes or cycle tracks.”
Perhaps an additional few words could have been added, saying, “But they are strongly advised to do so, not least for their own safety.” Related to that, could my noble friend alert local authorities to the opportunity to redesign junctions crossed by cycle tracks, giving them priority over vehicles turning across them?
My concern, shared by others, is that so far there has been an inadequate public awareness campaign to publicise these changes. We have seen stories that drivers will be fined £1,000 for opening a door with the wrong hand, which simply are not true. I welcome the proposed factual awareness campaign. I would be grateful if my noble friend could perhaps concede that there could have been more publicity before the scheme came into effect—as happened, for example, with the publicity before the Covid regulations were passed, so there are precedents. Can she say a little more about the timing and the budget for phases 1 and 2 of the public awareness campaign?
Against that background, I very much welcome the new Highway Code.
Will my noble friend permit me to intervene? I think the concern is this. I was pinged with the press notice, for which I am very grateful, because I subscribe. I would just like to flag up these two sentences:
“Many of the rules in the code are legal requirements, and if you disobey these rules you’re committing a criminal offence. If you do not follow the other rules in the code, it can be used in evidence in court proceedings to establish liability.”
We are changing the law here, not the guidance.
That is exactly what I am trying to say. A “should” or “should not” that is in the code can be used. Going back to my noble friend Lord Attlee’s point about an HGV and a cyclist going around the corner and having an incident, whoever is at fault, the fact that they were going against the Highway Code would be a factor if it were ever to reach court. But this is not necessarily about the changes—
(2 years, 10 months ago)
Grand CommitteeMy Lords, I am delighted to follow my noble friend, who spoke so eloquently, and I congratulate my noble friend Lady Neville-Rolfe on securing this debate. Can the Minister confirm at the outset that, in fact, e-scooters are banned on public land unless they are part of the control trial? If they are part of the control trial, we are told by the Met Office—sorry, by the Metropolitan Police; the Met Office is for forecasting of a different kind—that e-scooters are classed as a motor vehicle under the Road Traffic Act 1988. Can she tell us how many driving licences for this motorised vehicle have been issued as part of the control trials, since their commencement?
In the Minister’s view, and that of the department, does she consider that perhaps those driving an e-scooter need to realise that they have to be over the age of 16, in possession of a driving licence, and should not be riding one without insurance cover, which would lead to a £100 fine? Can she tell us how many e-scooters have been confiscated that are privately owned but being driven on public land, and how many fines have been imposed? I am sure that my noble friend shares my concern at the statistics on the sheer volume of accidents provided in the Library note. Her own department, in November 2021, records 882 accidents involving e-scooters, with 173 involving other vehicles, and 931 casualties in accidents involving e-scooters, of which there were three deaths, all of whom were e-scooter drivers. In that, 253 were seriously injured, while 675 were slightly injured.
How are the Government going to respond to the recommendations of the Association of British Insurers, which sides with my noble friend Lady Neville-Rolfe? If there is going to be a regulatory framework for e-scooters, it said:
“We strongly oppose the implementation of any regulatory framework that could result in liabilities falling onto the Motor Insurers’ Bureau (MIB) and premium-paying motorists without a corresponding insurance requirement for these vehicles; or some form of contribution towards the MIB’s liabilities from users of”
e-scooters and related devices. Without such a recommendation being implemented, we will all have to pay extra insurance premiums to cover the third-party liability. Do the Government intend to ensure mandatory use of helmets for e-scooter users?
My noble friend told me in reply to a Question last year that the current framework is that a person can be fined up to £300, or get six points on their licence, or their e-scooters could be impounded. I end where I began by asking her to tell us who is responsible for enforcement, how many e-scooters have been seized and how many driving licences have been endorsed and fines have been issued? What expectation can we have of better enforcement in future?
(2 years, 10 months ago)
Lords ChamberI just point the noble Baroness to the Williams-Shapps plan for rail. There is an enormous amount in there that will be beneficial to passengers in Yorkshire and beyond. We will be looking at ticketing, which is insanely complicated. Sometimes multi-leg ticketing is cheaper than a single leg and it is all slightly mad. Obviously, we will be very passenger-focused to make sure that the right services exist for people in Yorkshire and beyond.
My Lords, can the Minister confirm that those drivers of trains on shunter routes are paid less than those on, for example, the east coast main line route and the west coast main line route? Is there any evidence of an exodus of these drivers to earn higher salaries as lorry drivers?
(2 years, 10 months ago)
Lords ChamberAgain, that is a hugely complicated question, which probably goes beyond what I can answer today. The noble Lord is right; in terms of congestion and changes to commuting behaviour, the system has to adapt. That is why, in London, we have a very good integrated system, which comes under TfL and the responsibility of the Mayor of London. It is up to him to look at all the different modes that he has available, whether it is the Tube, overground, cycling or walking—all those different ways—to ensure that we get the maximum economic benefit for London. Only this morning, I spoke to the CEO of London First, and we discussed that in detail.
(2 years, 11 months ago)
Lords ChamberI am grateful for the opportunity to speak at this point. I congratulate the noble Lord, Lord Berkeley, on introducing this short debate.
As a frequent user of the east coast main line services and to his lesser extent the trans-Pennine services, I am familiar with the difficulties, in particular with east-west connectivity, and I support many of the points that have been made this afternoon. I will just make a simple plea to the Minister and to her department. Many of the picturesque mill towns that are served by the east-west route are deserving of a completely new line. What was attractive about the Integrated Rail Plan was that it recognised the level of investment which was required. I regret that the subsequent document has now been downgraded, with plans looking only to deliver a combination of new track and upgrades to existing infrastructure, rather than an entirely new line. I realise that this is a blueprint—a first step along the way—but I hope that my noble friend will take the opportunity to revisit this as soon as she possibly can. That one simple step will open up and unlock the whole of the northern powerhouse economy, and I believe it is entirely in keeping with the government agenda to do so.
(2 years, 11 months ago)
Lords ChamberMy Lords, I am grateful for the opportunity to speak briefly to my amendment to the Motion. I apologise that it was not put down when the regulations were debated in Grand Committee, so I will be as brief as I can. First, I welcome these regulations. My view is that they do not go far enough, but they are a very good start.
The key in my amendment to the Motion is that there needs to be more said and done to promote interoperability. Paragraph 7.6 of the Explanatory Memorandum states:
“This instrument makes clear that a charge point should not introduce a new barrier to switching by being designed to lose its smart functionality when its owner changes supplier.”
That is very good, but it does not go far enough. In the debate in Grand Committee, the noble Baroness, Lady Randerson, and my noble friend Lord Rosser made some excellent points about interoperability and the Minister gave some good answers, but my concern is that electric vehicle use will not take off until there is full interoperability of the system, which I shall come to, and full confidence among users that they will be able to use the electric power supply rather like people use petrol stations now—in other words, they can guarantee that when they go to a supply, they will be able to connect up and get some power.
I have a very small, but I think critical, example of my little village in Cornwall where the parish council has put in two charging points in the car park. This is very important when the nearest petrol station is about 15 miles away. A friend who has an electric car tried to use them but they have been out of order all summer, when everybody goes there. He wrote to the supplier to say that its machines did not work, and the answer was that there was a technical fault. He then discovered from the car park owner—the parish council—that the reason they did not work was that the supplier had not paid the parish council the very small amount of money that it was due to allow the charging points to be placed there. This could be all over the country.
It is a minor detail, but we need to have some comprehensive regulations which cover charging at home, and what is in these excellent regulations, rapid charging, minimum waiting times, sockets on lampposts, facilities for long and short journeys, from wherever you pick them up. The most important thing of all is that one plug and one socket fits all, not like mobile phones at the moment. Will the Minister be able to give some idea about when there will be a comprehensive plan to make electric power for vehicles fully interoperable and fully comprehensive? I am sure she will agree that when that happens it will all take off. I look forward to her comments.
My noble friend will be aware that there are very few charging points across the north of England. There is also still a catastrophic power outage in parts of the north-east of England. Will she reassure the House this afternoon that there are absolutely no plans in the foreseeable future that any public service vehicles, such as buses, ambulances or fire engines, will switch to electric engines any time soon in the north-east of England?
I add to the excellent comments already made that there is an overriding concern among EV owners about whether you are safely going to get to the end of your long journey. You have none of those concerns if you are in a petrol or diesel car; you know that you will be able to refill your car. If you are in an EV, not only do you have the uncertainty as to whether the charge point will fit or will work, you also have to stand out in the rain in the corner of a motorway services feeling insecure.