Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2021

Baroness Randerson Excerpts

Thursday 8th July 2021 Grand Committee

[Baroness Randerson (LD)]

My Lords, I thank the Minister for her explanation and thank her officials for their helpful advice. This is the latest episode in the sad saga of the Northern Ireland protocol, and it is an example of the contortions the Government have had to undertake to enable the economy of Northern Ireland to function according to EU rules, as it must do in order to avoid a hard border, and at the same time to remain part of the UK economy. The solution, of course, was the only one available: that is that, effectively, EU standards will continue to apply.

In this instance, Northern Ireland was omitted from the previous SI, which covered just Great Britain, because of concerns about how Northern Ireland coverage would be achieved. Other noble Lords have referred to their worries in that respect. The result is, as the noble Lord, Lord Berkeley, commented, that Northern Ireland has operated without any rules on new vehicle emissions since January, and will continue to do so until September. This gap has occurred despite the Department for Transport being fully aware.

Can the Minister explain why this SI will not be implemented immediately? The Government have a long record of introducing legislation with instant application; sometimes it is even introduced in retrospect. Since these same rules apply in the rest of the UK now, and since these are effectively EU rules, and therefore nothing new, I cannot think of a single reason why they should not immediately come into force, and why the people of Northern Ireland should not have the same protections on air quality as the rest of us.

The noble Lord, Lord Berkeley, explained his concerns, and mine are very similar. My fear is that some unscrupulous dealers, or even manufacturers, may be using this legal lacuna to offload old stock or substandard products. After all, the Volkswagen scandal is less than six years old. Those vehicles were manufactured to deceive, fitted with defeat devices to disguise the real levels of emissions. Given the lengths they went to in order to cover up the scandal, it would be reasonable to expect some in the motor vehicle industry to try to take advantage of the gap in regulation now in Northern Ireland. Volkswagen was not alone. Since that time, there have been several other scandals of a similar nature, hence the EU’s attempts to tighten up on the way the emissions-testing system is undertaken.

Can the Minister say whether the Government have done any surveys or alerted trading standards in Northern Ireland to a potential problem as a result of this lacuna? What protection will consumers in Northern Ireland have if they buy a vehicle at this time and then subsequently find it is not up to modern emission standards? The Government would do well to keep a close eye on the Northern Ireland vehicle market.

On a fresh point, I want to ask about the interrelationship between this SI, and the previous one for Great Britain, and the recall clauses in the Environment Bill. We dealt with those last Monday evening; they will allow the Government to recall any vehicle which fails to meet the environmental and emissions standards applicable at the time of sale. My questions to the Minister that evening led her to confirm that recall could apply to a vehicle or its components that either did not meet the standards that applied when new or subsequently failed to meet them. Manufacturers will be liable for the full costs of recall, potentially including compensation to consumers. The Minister then confirmed that it was intended to apply to deliberate or accidental failure to meet the standards.

Can she explain where consumers in Northern Ireland will stand? They are happily buying vehicles now, probably unaware that no proper rules are in place. What will be their rights in a couple of years’ time if they discover their vehicle does not comply with the rules that should be in place, had it not been the case that the Government decided to leave Northern Ireland without legal cover for six months or so? Are the Government sure that the previous SI, for Britain only, will also fit neatly with the recall clauses?

It is a pity that the Government are still running to catch up on an issue as vital as vehicle emissions. If targets are to be met, they really need to be getting ahead by setting interim targets and incentivising consumers. I look forward anxiously to SIs for those, rather than SIs such as this, for which there are so many questions.