Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019

Debate between Baroness Randerson and Lord Berkeley

Thursday 21st March 2019 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, I am grateful to the Minister for bringing this SI and for her introduction. She has probably answered my question, but from reading paragraph 7.3 of the Explanatory Memorandum it looked as if UK operators would not be able to operate on the continent from 30 March. I think she has confirmed that that is no longer the case because of these more recent agreements. I hope we will be able to see a continuation of this important traffic without any interruption. What the French customs and immigration people do is of course a different matter, but let us hope that at least the services can run. I hope this will continue and that therefore the services that go to many member states across Europe can continue without getting bogged down in too much bureaucracy. As the Minister has said, it is a very important market.

[Baroness Randerson (LD)]

My Lords, here is an SI that does not replicate what exists now, yet, astonishingly, there has been no formal consultation on it. The Explanatory Memorandum claims that it makes just technical amendments, but really it does much more than that. We must remember how important this industry is to us. Every year there are 3.6 million journeys to and from Britain by coach and 1.6 million overseas visitors coming to Britain by coach. That is 4% of all foreign tourists who come to Britain, and 83% of that 4% are from the EU. On the return leg, 1.1 million British residents go abroad by coach, of which 99% go to the EU. Looking at Northern Ireland, which is very important as well, there are 900,000 border crossings from Northern Ireland to the Republic and vice versa in a year.

The EU regulation allows reciprocal access for regular scheduled services and for occasional services—we would call them coach holidays. This SI provides unilateral access for current EU operators after Brexit in the hope that there will be reciprocal arrangements. I will turn to that later. The SI was originally recommended for the negative procedure. I was disturbed to see that, because I believe it is sufficiently important to be worthy of the affirmative procedure. Anyway, we are discussing it now.

I have some questions for the Minister. In future, EU coach operators will have to apply to the International Road Freight Office, when previously they received authorisation for coming to the UK from their home state. The DfT estimates that there could be up to 600 applications for authorisation for regular services at a cost to the Government of up to £95,500. Will the Government be charging an extra amount for this service? It did not need to exist before, so any charge would be additional. Is the IRFO being given sufficient additional resources? The Explanatory Memorandum also refers to a separate SI coming through for Northern Ireland. When will that be? Can we expect to see it in the next few days?

Obviously, things will be more complex and bureaucratic for EU operators. What will the Government do to make them aware of what they will have to conform to? What work are the Government doing with coach operators on the continent of Europe to make sure that the industry is fully aware of the change to the processes?

The Government hope to solve this problem in the long term by joining the Interbus agreement. The problem is, first, that the agreement does not allow cabotage and, secondly, that it applies at the moment only to occasional services. This will of course impact specifically on National Express and Translink in Northern Ireland, because they are the companies that provide the bulk of the regular services. Translink provides a lot of cabotage services as well.

In any event, the UK first has to join the Interbus agreement. I gather that the Government ratified it on 30 January. Will the final accession date that we were given of 1 April still apply if Brexit is deferred? Is it the case that we cannot accede until Brexit, or is 1 April a fixed date? At the moment, if we were to leave at the end of next week, there would be a two-day gap when services could not run. That might not seem like the end of the world, but it could be inconvenient and a real problem for the companies concerned. If they tried to run services without that specific authorisation there would obviously be insurance implications for them.

--- Later in debate ---

[Lord Berkeley]

Would the noble Baroness care to speculate as to whether progress would have been so fast if this had been called European Interbus?

[Baroness Randerson]

I think we have a complete rewriting of the dictionary in Britain at the moment. We are not allowed to use the word “European” in any technical or official sense.

The EU is proposing a regulation to maintain basic road connectivity, which the Minister referred to. Does she share my concern that this is for a very limited period? Part of it applies until December, but only until September in Northern Ireland for cabotage and so on. It is all very messy, and therefore very complex for those operating in that industry. Do the Government intend to publicise this on GOV.UK? I am seriously concerned that while this will not apply to big companies, small coach operators in particular—there are quite a few of them in the industry—will find it difficult to keep pace with the very complex changes that the EU and the Government between them are proposing as short-term solutions. What about progress with the bilateral agreements that the Government are proposing to sign? How many countries have signed up so far to those?

On the publicity to the general public for all this, we are coming up to peak coach holiday season at this moment. Easter will be the beginning of high season for coach operators. Are passengers fully aware that they are in a situation of some uncertainty in relation to the ability of UK coach operators to ply their trade in Europe?

Aviation Statistics (Amendment etc.) (EU Exit) Regulations 2019

Debate between Baroness Randerson and Lord Berkeley

Tuesday 12th March 2019 Grand Committee

[Lord Berkeley (Lab)]

My Lords, I shall be quick. I note that in paragraph 7.2 of the Explanatory Memorandum, the Government think that,

“The gathering of such data … of derived figures are activities that are crucial for Government, the public and the sector itself to be able to monitor performance”.


However, paragraph 7.7 suggests it is no longer appropriate for any of these statistics to be given—they can be given to the Secretary of State, if he so directs—to anybody else in Europe. Why is that? Would we not want data from there? Would it not be helpful for our ongoing air services between the whole of the European Union and the UK if we exchanged this statistical data? Or will we put a ring around ourselves and pretend that Europe does not exist? Surely it would be useful—and the Government say it is useful. Why is no mention made of the CAA being able to share this information with the relevant European body?

[Baroness Randerson (LD)]

My Lords, airport operators currently provide their statistics to the CAA, which passes them on to Eurostat. This is to be replaced, according to this SI, with a system whereby airport operators give the information to the CAA, which then provides that data to the Secretary of State if directed—not by legal obligation but if directed.

There are four problems with the SI. First, statistics collected on a national basis are much less useful and meaningful than international statistics. As the noble Lord said, there is no guarantee that this information will be shared internationally.

Secondly, there is no obligation on the Secretary of State to even want to see the statistics. What will he do with them? There is no obligation on the Secretary of State to publish them. Therefore, one has obvious concerns about transparency. Statistics should be important for the Government; they are certainly important for the public and the industry itself to monitor performance. The CAA already collects this data, but it will be of much less use for comparative purposes as matters stand in the SI.

The third problem is the impact of changing rules on exactly how the data is expressed and collected. This is the kind of internal thing that happens in any organisation. If you change the order of the questions or one or two words in the questions, you impact the results. It does not matter that much if you are looking across the piece and everyone is obeying the same rules, but we will be collecting our data on a different basis. I more or less guarantee that, within a year or two, we will be told that our data is no longer comparable because of differences in collection procedure.

Finally, there is the new power of the CAA referred to in the SI to impose a £5,000 fine if an airport does not provide data. I am not entirely clear about this, and I would be grateful if the Minister could clarify. I believe that this is a new power; I am not sure that the CAA has it at the moment. If it does, what is the fine, because £5,000 seems derisory as a fine on a large organisation for failing to provide data? It would cost Heathrow Airport or Gatwick Airport a great deal more than £5,000 to collect the data, so there would be an incentive not to bother. Where does £5,000 come from? Has it been thought through as a penalty that should be paid by a large commercial organisation? It does not seem worth it.

Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019

Debate between Baroness Randerson and Lord Berkeley

Tuesday 12th March 2019 Grand Committee

[Lord Berkeley (Lab)]

My Lords, I am grateful to the noble Baroness for introducing these regulations. It would be good if she could say something further as a result of the Boeing accident a couple of days ago, which brings aviation safety into focus.

I have a couple of questions, and I will use the Explanatory Memorandum as a reference because it is easier. My first question is on paragraph 7.2, “Corrections to domestic subordinate legislation”. She said that most aircraft types are subject to EU technical requirements and that will be changed from “EASA aircraft” and “non-EASA” aircraft to “Part-21” and “non-Part-21”. What is the point of this, and has anybody seriously tried to get associate membership of EASA? I know “European” is in the name, which probably means that it is anathema to some members of the Government, but it would be a lot easier. I will probably bring this up when we debate railways as well. EU technical requirements are well known and well respected. We will have CAA technical requirements if this SI goes through. What happens when they diverge? Is there any mechanism for our side to talk to the European side? It is pretty stupid to have technical requirements for aircraft in this country that will be different—even to a small degree—from those in the European Union. Of course, the same applies vice versa. We tend to think only about the problems in this country, but for our planes to be able to fly on the continent, presumably somebody has to confirm with EASA or the Commission that the technical requirements of our planes fit in with their specifications.

My second question relates to paragraph 7.5 of the Explanatory Memorandum concerning banned operators. Quite a few rather unpleasant cases over the years come to mind. The paragraph refers to the,

“list of aircraft subject to an operating ban in the Community”.

That means that there is a list, which is great, but what process will there be for the UK and the European Union to share that list? It would be pretty stupid to have two lists, and I hope that the Minister can give us some comfort that there will be a mechanism for sharing, as this is a very important issue.

My last question relates to paragraph 7.8, which refers to,

“powers provided for in Single European Sky”.

That is an ambition that has not quite been achieved, although it is some of the way there. Do I understand that it will now be dumped, that there will be a single European sky that does not include the UK and that we will have our own little sky? I look forward to the Minister’s responses.

[Baroness Randerson (LD)]

My Lords, I thank the Minister for her opening statement. The Ethiopian Airlines crash has been a salutary reminder of the fundamental importance of aviation safety. Sometimes we take it for granted, but it relies on a complex interlocking of the highest standards for design, manufacture and maintenance, stringent standards for the training of flight crew and air traffic controllers, and exacting standards for the design and operation of airports. As aircraft have become more complex—the crash two days ago illustrates this point extremely well—and the skies become more crowded, the importance of international co-operation on the specification and maintenance of these standards has never been greater.

Yet this SI is intended to withdraw us from EASA and hence from access, as of right, to much of that international co-operation. I was very pleased that the Minister confirmed yesterday that the Government want to remain a member of EASA. I have no doubt that the Minister wishes to do so, but it was good to have the reassurance that that was the Government’s position. However, in the present political chaos, we cannot rely on this SI being simply a paper exercise.

Last November, the Second Legislation Scrutiny Committee drew our attention to this SI. It drew attention to the impact on CAA resources and to whether the EU will reciprocate in the recognition of licences, certificates and approvals. The UK will continue to have the same technical requirements and standards on exit day but, as the noble Lord, Lord Berkeley, has just said, there are real questions over future changes and over whether and how we will keep in step with the EU. Next week, we will be looking at maritime SIs, and we are way behind in keeping up with the flow of maritime legislation. I have real concerns that in the aviation sector, where technology moves on really fast, we will not be on the ball in changing our standards as fast as the EU.

Aviation Security (Amendment etc.) (EU Exit) Regulations 2019

Debate between Baroness Randerson and Lord Berkeley

Monday 25th February 2019 Lords Chamber

[Baroness Randerson (LD)]

My Lords, this SI deals with the legislative framework for aviation security in the UK covering everything from screening passengers to the rules governing access to airports. This is a hugely important field and one where the UK has an extremely good reputation based on rigorous efficiency and the fact that we were one of the first countries to take up the option to introduce more stringent measures on security. Safety at our airports is of course based on the pooling and swapping of key information—a process that has been built into the EU system which this SI dismantles—so I have some questions for the Minister.

On paragraph 6.4, the reassurance here on the use of the affirmative procedure is so gloriously vague that, to be honest, it is meaningless. We might have some affirmative SIs as a result of this, but on the other hand we might have some negative ones. We are given no proper measure of how that decision will be made. I would be grateful if the Minister could give us some information on how that judgment will be made. This is a fundamental area for our country.

Paragraph 6.6 of the Explanatory Memorandum refers to the revoking of Commission decision C(2015) 8005 and then states that the decision is so sensitive that we cannot be allowed to know what is in it. I have to say that this is a first for me. In my experience, I have never known the Government to revoke a secret power. Can the Minister give us some information as to what this might be about, even if she cannot give us the details? Certainly, can she explain why it is impossible to give us that information?

The question of airport inspections is important because we rely on the inspection of airports in other countries in order to ensure that UK flights and UK citizens are safe. We use the information from those inspections to give warnings to UK citizens that they should not fly to certain airports and to discourage airlines from doing so. This system relies on a free flow of information of a very sensitive nature. In future, we will inspect our own airports. That produces two questions in my mind. First of all, how will we make sure we keep in step with the rest of the world on those inspections and the terms on which they take place? Secondly, how will we continue to share information with the remaining 27 EU countries? The sharing of the information is the absolutely crucial thing here.

I move now to the granting of operating licences, which is dealt with in paragraph 7.3(h) of the Explanatory Memorandum. What will be the impact of removing the provision for mutual recognition between member states in the case of the granting of operating licences?

Finally, the EU has a system of mutual recognition of approved air cargo carriers, whereby approval is given following inspection. Once we leave the EU, we will no longer benefit from this system and will have to set up our own system of inspection and designation. To start with, it is explained here, we will recognise all those carriers we currently recognise, but, obviously, things will move on pretty fast. New companies will enter the field, new information might come to light about existing carriers, and so on. We will have to erect a new system that will be expensive to the taxpayer, but also—this is an important point—to the companies seeking approval, because they will have to do it twice over. They will have to seek approval in the EU and in the UK. Once again, I am really concerned that we are isolating ourselves on a security issue. We are voluntarily forfeiting access to information via EU systems. Obviously, on the balance of probabilities, we will be less secure as a result.

[Lord Berkeley (Lab)]

My Lords, this is a very interesting SI, in particular the issue of confidentiality. This has come up again and again in not just the secondary but also the primary legislation. I know for a fact that people in the industries that I am in touch with say, “We have signed non-disclosure agreements, so we can’t tell you anything”, which is fine because it means they have to do what the Government say; they have no other information and no means of questioning it. More importantly, I need to ask the Minister how long these NDAs are going to go on for. As the noble Baroness said, once you have “security” in there and everything is confidential, getting that removed is almost impossible because there will always be 25 reasons for not doing it. That applies to NDAs and, even more important, to this legislation. We might just as well sit back and say, “Well, you didn’t tell us about it. Of course we trust you; you’re the best security in the world until something goes wrong”. Whether we believe that is a different matter, but there is nothing we can do about it.

My second point concerns Regulation 16, which the noble Baroness mentioned, about removing the power of the Civil Aviation Authority to grant operating licences to UK-registered air carriers. Why can the CAA not continue to do this? After all, it is a UK government body with the expertise—probably unlike the Secretary of State and his Ministers. I would go one step further and say we can still leave the EU and not have any input into the decision-making processes that go on—if that is what is going to happen—but is there any reason why we should not have the back-to-back arrangements with member states on operating licences with the CAA on mutual recognition? What is wrong with that, apart from the fact that Ministers do not want to do it? The Minister shakes her head, but technically it would make life a great deal easier. It seems to me that it should be looked at. I do not think any noble Lords will oppose this SI tonight—it is a bit late now—but this is something we ought to be thinking about and challenging. On many of these SIs coming up, including railway ones next week, the decision has been made but actually has nothing to do with the basic principle of leaving the EU. It is somebody’s interpretation of it to suit their own political ends or whatever. It is worth reflecting on that. In the meantime, I look forward to hearing the Minister’s response

Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018

Debate between Baroness Randerson and Lord Berkeley

Wednesday 21st November 2018 Grand Committee

[Baroness Randerson (LD)]

My Lords, when I put forward my Private Member’s Bill—excitingly entitled the Open Skies Agreement (Membership) Bill—immediately after the last election it never occurred to me that, nearly 18 months on, my concerns would still not have been answered. My concerns related to the international air agreements that make international air travel possible. We are members of those agreements by virtue of our membership of the EU. The sad, chaotic situation that the Government have got themselves into in their Brexit negotiations is threatening many people’s plans for the future and threatening companies’ ability to trade in the future, because they cannot rely on air services.

This SI in preparation for a no-deal scenario is far from reassuring. Rather, as the noble Lord, Lord Foulkes, said, it reminds us all of what is at stake and how far we are from a solution. The report of the Secondary Legislation Scrutiny Committee points to a number of unanswered questions. I am grateful to the committee, as I am sure we all are, for its work and I am glad that the Explanatory Memorandum has been updated. Being rather a keen student, I read the original—even the updated one has a lot of complexity and leaves a lot of questions unanswered, but the original one was not as good as it should have been. If there is no deal, UK and EU airlines will lose, as the Minister said, the automatic right to operate services between the UK and the EU without the need for permission from individual states.

The DfT has stated that it expects to grant permission for EU carriers to fly to and from UK airports and expects that to be reciprocated. That is a lot of expecting. What discussions have the Government already had? The Minister said that a lot of work has been done on it, but are we in a position where the whole thing could be more or less rubber-stamped if Brexit arrangements were sorted out? Would everything else slot into place quickly, or are we at an earlier stage in the process? If there is no deal, the Government have said that they intend to make bilateral agreements with individual states. These would obviously need to be in place by the end of March if there is to be no gap in services. It might not be technically possible to sign them until that day, but they have to be fully agreed and worked up. Specifically, what progress has been made so far in these draft agreements on developing the understanding with the other 27 EU countries? Are we negotiating with all the rest of the EU as individual states or just taking the most important ones in terms of the level of traffic?

These regulations are yet another example of the steady increase in the amount of bureaucracy that is being heaped on individuals and companies as a result of Brexit. Last week—or was it the week before?—we were here discussing hauliers permits, trailer registration and international driving permits. This week it is the requirement for UK licensed air carriers to have both a route licence and an operating licence to provide services outside the UK. Although the DfT has been proactive in contacting carriers about this and we can therefore, I assume, count on the fact that air carriers across the EU are aware of it, and although awareness is clearly higher than in the case of the hauliers, who are largely completely unaware of what is going to hit them very soon, nevertheless it puts an additional burden on the airlines, as well as putting further responsibility on the CAA. I have remarked here before on the burden on the CAA of a wide group of responsibilities. We expect it to deal with space travel and failing airlines and to modernise airspace, and now we are expecting it to provide additional licences for air carriers. Can the Minister give us details of the additional resources being allocated to the CAA to deal with the more complex air services market that we will now face?

If there is no deal, all foreign carriers, including those from the EEA, will have to apply for a foreign carrier permit. Already the CAA processes thousands a year, but clearly it will have to process very many more in the future. What happens if a carrier does not apply? The DfT says that it expects EU carriers to make applications in good time, so what is the timescale? Using a parallel with haulage permits again, we discussed this not much more than a week ago. The hauliers have to apply by the end of the month, or certainly the beginning of December, in order to have a hope of getting their permits by January. There is a huge rush in that case. Is the system similar for the CAA? Is it fully geared up and are the airlines all ready to apply?

[Lord Berkeley]

Does the noble Baroness agree that the system for selecting who gets the permits for haulage that we discussed, as she says, a couple of weeks ago involves either drawing names out of a hat or seeing which haulier provides the best value for money for the country? Does she see that as an appropriate way of dealing with these air licences?

[Baroness Randerson]

My disappointment with the SI that we had a week or so ago was definitely with the lack of certainty about which criteria the Government would use. The Government adroitly managed to give themselves the broadest possible set of criteria and we are no nearer knowing how exactly those permits will be applied. The industry is worried as a result.

There has already been a degree of reorganisation within the aviation industry as airlines previously registered in the UK have moved abroad for their registration, with the inevitable drift of at least some jobs abroad. It is important that we bear in mind that this additional bureaucracy—the additional requirements as a result of Brexit—will put our expertise in such an important aviation market at a disadvantage.

The Secondary Legislation Scrutiny Committee raised the issue of wet leasing, which, as the Minister explained, is when an airline releases an aircraft and its crew and so on. This is usually done at busy times or in exceptional circumstances. If the aircraft is not registered in the UK, the airline has to satisfy certain safety criteria. The airlines are concerned that this should be the subject of a reciprocal agreement with EU countries. Can the Minister explain what progress the Department for Transport has made in its discussions on this?

Public service obligations apply when a service would be uneconomical but is needed for economic and social reasons. They usually apply to far-flung places such as the Scottish islands. In future, such services could be operated by UK carriers and by others with cabotage rights—although, to be honest, that would be unlikely with no deal. These are sensitive and complex issues of state aid. As someone from Wales, I know that there has been a long debate on why rights are granted on some Scottish routes but similar rights were not granted in Wales. Could the Minister give us a little more detail on this?

State aid rules were previously adjudicated by the European Commission. This is a complex and controversial area, but the distance of the European Commission in power terms from the decisions that it made neutralised the issue to a large extent. Those powers will now be given to the CMA. What resources will it be given to deal with this? I also warn the Minister that those things are likely to become much more sharply controversial.

Paragraph 7.10 of the Explanatory Memorandum deals with the allocation of scarce capacity. The 2007 regulations dealt with air service agreements between EU members and third countries. Scarce capacity occurs when there are restrictions on the frequency of flights. The Explanatory Memorandum includes a political declaration that the UK Government will always seek to lift or remove such a cap but will hold a hearing to allocate frequencies if that is not possible. What is the legal force of that statement? It seems that it is simply a political declaration. It is a statement of intent by the current Government, but they cannot bind their successors. I would like some clarification on that.

Finally, it would be helpful, as we sit here week after week wading our way through dozens of these SIs, to be able to see the full context of where we are on air services. Maybe the Minister can tell us what other air services SIs we are waiting for.

International Road Transport Permits (EU Exit) Regulations 2018

Debate between Baroness Randerson and Lord Berkeley

Tuesday 6th November 2018 Lords Chamber

[Baroness Randerson]

Can the Minister explain how small businesses are going to be taken into account according to those criteria? You could be a small business doing 100% of your business with the EU but have only one lorry. You are therefore going to be at a huge disadvantage in the numbers game, compared to big companies. A small business could well go to the wall as a result.

[Lord Berkeley]

May I ask a question supplementary to that? If the criterion is going to be the greatest economic benefit, how can the Government identify something vital for a small business, as the noble Baroness suggested—25 tonnes of oranges, or the parts for a major car manufacturer who says, “If I do not get the parts today, I am going to close the whole thing down”—when we are only going to get a quarter or so of the permits we need at the moment? It seems there is going to be chaos either way. Does the Minister have a solution?

Civil Aviation (Insurance) (Amendment) (EU Exit) Regulations 2018

Debate between Baroness Randerson and Lord Berkeley

Wednesday 24th October 2018 Grand Committee

[Lord Berkeley (Lab)]

My Lords, I welcome the Minister’s introduction of these regulations. I imagine it is the first of a very large number of statutory instruments—and it just covers insurance. As the noble Baroness, Lady McIntosh, said, there is the whole question of EASA, which we will come to another day.

I have a few questions about the insurance cover itself. The Minister said that it covers the insurance requirements for air travel in the UK. Does that cover airlines registered in the UK? Does it cover airlines registered in the EU which are flying to or from the UK? Does it cover airlines registered in third countries which are coming into the UK and going on somewhere else or stopping here? Is there any requirement under these regulations for an airline registered in the UK to demonstrate that it has insurance outside the borders of the UK, specifically in the EU? I am sure that airlines do not think, “We just want to be insured in this country, we do not care what happens when we cross the frontier”, but it would be nice to have some comfort on that. Does the Minister expect the EU to want to know whether all these insurances that we have just talked about are valid in the UK before it will allow planes to arrive in its own airports from the UK? There is a large number of different scenarios here, leaving aside the fact that London to Dublin is the most traffic-heavy air route into and out of this country and Dublin will still be in the EU and apparently we will not be.

I would be grateful if the Minister could address those questions and give us some idea of what other SIs will be coming to cover all the other things that are required to enable continuity of flying after 29 March. I gather that either the Minister or her Secretary of State was given a bit of a telling-off by Mr Barnier for trying to prejudge the Brexit negotiations by going round every other member state and trying to get quiet deals with each one. I am sure she had a great time going round all those places but I do not know what has happened with this. I look forward to her comments.

[Baroness Randerson (LD)]

My Lords, the airline industry in this country is intensely competitive. It is a commercial environment where there is a real danger that airlines seeking to reduce costs will cut their insurance to the minimum in order to do so. It is obvious from this SI that freeing ourselves from EU standards means that we could allow airlines to have a lower level of insurance. The Minister read out an impressive but rather grim list of the risks that airlines face. Obviously those risks are also faced by their passengers and therefore I would be grateful if she could give some more detail about what restrictions will be put on airlines that are registered in Britain: how low can they go as regards their insurance cover?

It is obvious that the Government are anticipating a reduction because paragraph 7.3 of the Explanatory Memorandum makes it absolutely clear that this legislation will free airlines in the UK to take up lower levels of insurance cover than those required in the EU. It gives the example of “non-commercial operations”. As an aside, I would like to ask the Minister if she could define what the Government mean by that phrase. What sort of operations will need to have or will be allowed to have a lower level of cover? There is no point in freeing yourself up from EU controls if you are not going to allow variations from the standards that the EU has set. Will there be any guarantees of a minimum level of insurance cover or will we have some sort of free-for-all as a result of this? Air passengers will be concerned that there should always be an adequate level of cover.

I reiterate the question put by the noble Lord, Lord Berkeley: exactly how will this work? I have been trying to envisage the process. Thank goodness that several of our airlines have decided that they will neutralise some of the risks of Brexit and life after Brexit by registering in other countries. That covers their risks, which is a very good thing for them to have done. However, airlines are often based in more than one country. They may have their headquarters in one country but have most of their aircraft based in another one. Of course they fly between countries, so who will set the level of insurance that is required on each occasion? Will it depend on their country of origin, the flight that day, or will it depend on where the airline’s headquarters are based? If our UK-based planes fly from the UK to an EU country, will they not have the right to demand that those planes have an EU level of cover, not the reduced cover that the Government seem to envisage would be possible?

Finally, I put a rather prosaic point to the Minister. Paragraph 3.2 of the Explanatory Memorandum states:

“The territorial application of this instrument includes Scotland and Northern Ireland”.


What has happened to Wales, which has more than one airport? Can I ask for an assurance that the Scottish Government—sadly I cannot ask about Northern Ireland at this moment—have expressed their agreement to the concepts behind this SI and that the Welsh Government have done so as well, particularly since they do not seem to have been mentioned?

Department for Transport (Fees) (Amendment) (EU Exit) Regulations 2018

Debate between Baroness Randerson and Lord Berkeley

Wednesday 17th October 2018 Grand Committee

[Lord Berkeley (Lab)]

My Lords, I am grateful to the noble Baroness for outlining these regulations with such brevity and clarity. I have a couple of questions, though. As she said, they cover international agreements, driving licences, vehicle registration, public service vehicle operation and licences to operate goods vehicles. I believe we have added licences for trailer operation, or something, which we discussed in some legislation—I cannot remember its name now—a few months ago.

The Minister mentioned non-UK drivers. Does this change mean that the charges are going to go up? Did the European Union previously have any control or oversight or a role in setting these charges? It is always very easy to say that the costs of doing it are going up. There may have been some control or advice from Brussels as to how these things should be assessed and charged.

Lastly, the noble Baroness mentioned that there might be some changes to the licences of non-UK drivers. The impression I get is that licences from other member states will no longer be valid in this country. How do drivers get new licences and are they going to be charged a rate seen by most people to be reasonable—or is it going to be one of these Home Office ones that make you pay £500 to try to dissuade you from coming? I hope it is the former and not the latter. I look forward to the Minister’s comments.

[Baroness Randerson (LD)]

My Lords, I thank the Minister for her clear explanation. I believe this is the first in a very long line of statutory instruments on transport issues that are directly related to Brexit. I want to express my regret that the time and effort of the Department for Transport is being mopped up in this way when we face so many transport challenges. We would considerably appreciate its efforts being put to another use.

I want to ask a couple of questions that are not unlike those from the noble Lord, Lord Berkeley. I want to start with the Explanatory Memorandum. Paragraph 4.1 says:

“The territorial extent of this instrument is the United Kingdom”.


Then it says that,

“the territorial application is either the United Kingdom, or Great Britain”.

I am concerned about whether the devolved Administrations have been properly and fully consulted. These SIs are really going to annoy and upset the Scottish Government in particular. Therefore, it is particularly important that the Government maintain clear and detailed discussions with them on these things.

In the policy background section in the Explanatory Memorandum, paragraph 7.4 says that fees orders lay out the costs that the Government can take into account when setting fees. Paragraph 7.5 summarises the sorts of things that can be taken into account. They are very logical: driver licensing, vehicle registration, international permits and so on. Paragraph 7.9 then makes it clear that the Department for Transport is responsible for this legislation. It contends that these changes are “minor” and simply recognise Brexit. It says that, as a result:

“Stakeholders will not be impacted”.

--- Later in debate ---

[Lord Berkeley]

This SI refers to goods vehicle licensing in the UK—or England, Great Britain, whatever—and as about 80% of the trucks crossing the channel are now driven by Romanians or Bulgarians or people from other member states, where the trucks may also be registered, what happens to the licensing of the vehicles from these member states if they come in here? Will they be subject to the same arrangement or is there another arrangement that would require them to be registered? If so, will they have to do that at the frontier and so on? I hope not.

[Baroness Randerson]

The noble Lord has found an ingenious way of adding an extra question and I will pass it on to the Minister.

Automated and Electric Vehicles Bill

Debate between Baroness Randerson and Lord Berkeley

Committee: 1st sitting (Hansard - continued): House of Lords
Wednesday 9th May 2018 Lords Chamber

[Baroness Randerson]

Before the noble Lord sits down, is he aware that there are now reasonably big drones delivering goods? They trundle along pavements and across level crossings and so on, appearing to behave a bit like pedestrians. I have been thinking about what the noble Lord is saying, and he is raising a good point. What is the difference between a drone delivering an Amazon parcel and a driverless van delivering an Amazon parcel? The only difference is probably the size, so there will have to be some definition of a cut-off point—unless we are going to insist that drones are insured, in the same way as vehicles.

[Lord Berkeley]

Before the noble Baroness sits down, may I ask her whether she really thinks that drones trundle along pavements?

[Baroness Randerson]

I have indeed seen them. There are experimental systems that are wheeling along pavements.

[Lord Berkeley]

On wheels?

Automated and Electric Vehicles Bill

Debate between Baroness Randerson and Lord Berkeley

Committee: 1st sitting (Hansard): House of Lords
Wednesday 9th May 2018 Lords Chamber

[Baroness Randerson]

My Lords, I accept that my Amendment 3 is a very simple and straightforward device. It was an attempt to approach one aspect of the safety issue. Amendment 29 is a much more complex and comprehensive approach. If Amendment 29 or something like it were adopted, there would be no need for Amendment 3.

I was trying to begin to talk about safety and to raise the issue that if you allow adaptations, the Secretary of State will have to devise a way to apply a wide and rigorous range of safety tests. Currently, if you build your own car in a garage you can test it pretty straightforwardly and take it on the road. You could be stopped by a policeman and you could take it to a garage and it would or would not get its MoT on a series of straightforward yes or no tests with no doubt about it. But, if we are talking about adaptations to autonomous vehicles, the danger in these adaptations will almost certainly be in the software, which it is very much more difficult to test. We have only to look back at the Volkswagen scandal. Volkswagen installed the so-called defeat device in the software of its diesel cars that kicked in only when it detected that it was being tested. It was therefore able to mask the true extent of emissions. That is a very complex operation. To test software we would have to go through very lengthy, all-situations style testing to make sure that a vehicle is truly safe. It is not just a case of putting your foot on the brake and saying that it stops quite quickly and it is fine.

[Lord Berkeley]

Would the noble Baroness be tempted to press the Minister to have a meeting on these issues before Report and come back with a much shorter text than Amendment 29 with the intention of covering these issues? I think that would give many noble Lords who have spoken in the debate quite a lot of comfort.

[Baroness Randerson]

The noble Lord, Lord Berkeley, puts forward a very good idea. I know that the Minister is always very generous in providing opportunities to discuss issues. We already have two issues that we need further information on. I am sure that there will be other amendments later where we will need a meeting or, at the very least, a fairly lengthy letter—but it would be better to discuss it.

I readily acknowledge that the approach taken by the noble Lord, Lord Tunnicliffe, is a more thorough approach to the issue of safety. With that, I beg leave to withdraw my amendment.

Haulage Permits and Trailer Registration Bill [HL]

Debate between Baroness Randerson and Lord Berkeley

Report stage (Hansard): House of Lords
Tuesday 17th April 2018 Lords Chamber

[Baroness Randerson (LD)]

My Lords, my name is attached to three amendments in this group. I have added my name to Amendment 1, which is a retabling of an amendment put down in Committee by the Labour Party that would put on the face of the Bill that it is the Government’s objective to secure continued participation in the EU’s Community licence arrangements. This is another example of where a perfectly good arrangement currently exists in the EU but we will be leaving that arrangement and undoubtedly, I fear, moving to a less satisfactory situation. These amendments, as a group, are intended to encourage the Government to make the best possible arrangement with the EU for the future and to move to the best possible set of arrangements in the circumstances.

The amendments tabled by the Labour Party will almost certainly also ensure that the powers granted under this legislation will not be applicable if we stay in the EU’s Community licence regime, and that is very similar in principle to the sunset clause that I tabled in Committee. My Amendment 2 carries on this theme, because our argument is that the Bill should be applicable only with its original intended purpose, which is to make provisions for after we leave the EU, and that it should not be used as an opportunity to tidy up existing law. We often hear the phrase “skeletal Bill” but this is a “coat-hanger Bill”. It is possible to put any garment you can think of on this coat-hanger because it is drawn so broadly, and it is very difficult to see where the Government might go with it. Therefore, I believe that it is in everyone’s interests to keep the Bill to its original purpose.

Amendment 3, tabled by the noble Lord, Lord Berkeley, refers to the new permits regime and attempts to ensure that there is agreement in the future between the Government and the EU.

Finally, our Amendment 7 would make it a negotiating objective of the UK Government that there must be reciprocity regarding the number of UK-registered hauliers travelling to the EU and vice versa. This is a key issue. The view of haulage industry leaders is that we have to do all we can to ensure that there is an agreement, because, in their eyes, it is certain that the system proposed here will not work. The Freight Transport Association says that last year 300,000 journeys to the EU were made by British trucks and that 103 permits were issued, as those were all that were needed. If the Government are to adopt the permit system, a massive scaling up will be required to cope with that volume of traffic, but I think it is unrealistic for the Government to believe that they can scale up quickly and satisfactorily to that extent.

There are other issues which the transport associations are very concerned about and which these clauses do not deal with. After Brexit, WTO rules will require a significant increase in the number of checks. However frictionless a system the Government manage to create, ensuring that there are a limited number of checks to be made, WTO rules will kick in and will require checks to be made on a much bigger scale than now.

Simple precautionary measures are bound to be required to deter people intent on cheating the new system. There is also the unlikelihood, in the eyes of those who engage with the system at the moment, that the new computer-based system that will have to be devised by HMRC will be fully functional in the less than three years that we have left before the end of the transition period.

Then, of course, there is the issue of bringing 85,000 businesses up to scratch—that figure is from the NAO report. Currently, those businesses export only to the EU. Therefore, although they are exporting frequently—on a daily basis in many cases—they have never made a customs declaration. These businesses have no processes in place and no departments dedicated to that. If you add to that increased border delays caused by non-tariff aspects of the Bill, such as the end of mutual recognition of standards, there must be every incentive to reach an agreement, because there will be huge impediments to trade.

This Bill deals only with part of these issues. It makes no reference to the mutual recognition of lorry driver qualifications or to a shortage of skilled workers—13% of trucks on British roads are driven by EU drivers. Therefore, we are keen, through these amendments, to encourage the Government in every possible way to ensure that they make an agreement. I fear that we are not in a strong position on this, but the Government have to make every effort. Unless they do so, there is a huge chance that our major haulage companies will move abroad. There is already talk of companies seeking to register abroad in order to trade more easily. None of us wants that to happen.

[Lord Berkeley (Lab)]

My Lords, I will speak to Amendments 2, 3 and 7 in this group, Amendment 3 being in my name. Before I do so, I note the comments from the Chief Whip a few minutes ago on what noble Lords are supposed to do during Report stage. I question the second point, which says,

“a member to explain himself in some material point of speech”.

I do not imagine that the Minister will be able to answer that, but I hope that we all explain ourselves.

I support all the points made by my noble friend Lord Whitty and the noble Baroness, Lady Randerson. The noble Baroness said that this is a coat-hanger Bill, and she is probably right, but I suggest that it is a great deal better than nothing. There are many other sectors being debated in the context of Brexit for which there is nothing. We should give the Government a bit of credit for this, albeit that the Bill as it stands is pretty defective in many of the solutions that it comes up with. My conclusion, along with that of the noble Baroness, is that the system will not work anyway.

It is worth mentioning that, although this applies to road haulage, the border checks that we are all concerned about cover a very large number of different issues. Previous speakers have mentioned some of them. The easy one, actually, is customs. If that is done well and the IT system works—there is a big question about that—much of the work can be done in advance and, in theory, there would be no delays at frontiers, provided that it all goes smoothly. We discussed the drivers in Committee and their need for permits for vehicles and trailers and then we get into the interesting bits, which are the responsibility of Defra—plant and animal health and welfare, foot-and-mouth and rabies. You cannot check for those away from the frontier; it has to be done at the frontier. I do not know how many trucks per year would come under that, but they probably all need inspecting.

Haulage Permits and Trailer Registration Bill [HL]

Debate between Baroness Randerson and Lord Berkeley

Committee: 1st sitting (Hansard): House of Lords
Tuesday 13th March 2018 Grand Committee

[Lord Berkeley]

My Lords, Amendments 2, 4 and 5 in my name come from a question I have about Clause 1: why do drivers transporting goods to Northern Ireland get singled out? We know that the Republic is going to remain in the single market and that Northern Ireland is not. I see no difference between the requirements for a permit, or anything else, for drivers going between Northern Ireland and the Republic, between Northern Ireland and the UK—I assume that there is no need for a special licence between Northern Ireland and the UK—and between Northern Ireland and continental Europe. There is an added complexity to the licensing system which is not justified. What is the difference between drivers in Northern Ireland and those in other parts of the UK going to other parts of the European Union? Finding that out is the purpose of these three amendments. I beg to move.

[Baroness Randerson]

My Lords, Amendment 3 in my name also deals with Northern Ireland. It is a probing amendment, seeking an explanation from the Minister. Following an “international agreement”, Clause 3 allows the creation of regulations prohibiting an operator of a goods vehicle using it in specified circumstances. This creates obvious problems for the Irish border. If an international agreement were able to prohibit the travel of goods between Northern Ireland and the Republic of Ireland, this could lead to a diminishing sense of the common identity that has developed in the years following the Good Friday agreement. It also presents a practical problem, as the avoidance of a hard border between Northern Ireland and the Republic would not be possible. We all know that the Prime Minister has repeatedly said that she wishes to avoid a hard border, but you are going to have a problem delivering that if checks are needed on the border. Whether the operator can cross the border or not, it is the checks that are the issue.

The Bill suggests that there is a sensitivity about travel between Northern Ireland and the Republic. Our amendment simply strengthens that reference. We obviously do not want to imply that there should be checks between Northern Ireland and the rest of the UK—quite the contrary. I therefore want to emphasise that the amendment is to investigate how this provision would work and in what circumstances the Government anticipate that they might have to use it. It would obviously be a lot easier for everyone if we kept to the current arrangements.

European Union (Withdrawal) Bill

Debate between Baroness Randerson and Lord Berkeley

Committee: 6th sitting (Hansard - continued): House of Lords
Monday 12th March 2018 Lords Chamber

[Lord Berkeley]

My Lords, this the last of my three amendments and it is to do with aviation. Aviation has so far come out better from the various statements from the Prime Minister and others because of the noise from the aviation industry, be it airlines, which were rightly frightened about being unable to fly one day after Brexit day unless some changes were made, or the manufacturing industry, which is reliant on a massive amount of approvals for all components. Some 2 million components manufactured in this country go into an Airbus. They are all approved centrally by the European agency. If we do not retain membership of this agency, those approvals will be null and void and we will not be able to carry on.

There are many other consumer interests as well. The airline sector benefits dramatically from being part of a European group of airlines. Leaving EADS and having to negotiate directly with goodness knows how many other member states for particular routes does not bear thinking about. The noise from the airlines has been great; I hope it continues and that Ministers take notice of it. Let us not forget the manufacturing industry. It is not just aircraft wings for Airbus, which I think are made in north Wales, but many other components. We need a thriving industry and we need to stay part of it. I hope that the Minister will be able to give us some comfort on that. I beg to move.

[Baroness Randerson]

My Lords, I first raised this issue in the autumn of 2016 and have done so repeatedly since then, even in a Private Member’s Bill on the Single European Sky. It is important because there is no fallback position for aviation; there are no WTO rules that we can rely on. If things do not go right, there is simply a blank in which planes will be grounded. Along with them will be the passengers and very high-value freight which goes by air.

I do not mention these concerns on my own initiative; they have been put to me by people in the aviation industry from across the world, because our whole economy stands on the shoulders of our air transport industry.

All along, the Government have expressed confidence that this will all work out fine on the night, but there has not been any official commitment either to remaining in EASA or the Single European Sky. Despite the commitment made by the Prime Minister last week there has been no official commitment, so these amendments give the opportunity to provide that. With the best of intentions, we could find ourselves at an impasse, and this is not just a little local difficulty between the UK and the EU; it is also very much about the US. We rely on the EU/US open skies agreement as a member of the EU, and we will cease to be a member of it when we cease to be a member of the EU. It cannot just slot into place later because airlines sell tickets a year in advance. Indeed, they are already selling tickets for a period of time when they cannot be absolutely sure that the planes are going to fly. There will be an awful lot of airline tickets on sale from next month for a year hence—some have already been sold, as I say.

There are already stories—for example, in the Financial Times last week—that early talks have not gone well. The Minister denied that and I am very pleased to hear those words, but in the past the United States has not been easy to make aviation agreements with. Opening up US aviation to both EU and UK flights has been a problem in the past. There are potential issues over the continuation of anti-trust exemptions, which allow airline alliances to set fares and share revenue. Any new deal has to allow for the pattern of ownership of our own major airlines, which have very big foreign shareholdings, especially IAG, of course. In the short term it is important that we remain in the open skies agreement during transition, or at least that we are treated as if we are within that agreement. In the longer term it is clearly best if this continues beyond transition.

Briefly on EASA, at any one time half the aircraft in the skies above Britain are not UK registered, so we need to remain the dominant influence over aviation security and safety in the EU and beyond. We have been a major force so the Prime Minister’s words, as I said earlier, were welcome last week. We need full, official government commitment here in legislation: not just to being associate members of the EASA or observers, but to being full members because there is consensus in the sector that it makes no sense to create a national regulator. It is essential that we remain fully integrated with EU rules and systems. The EU has brought huge benefits to passengers—lower fares, more destinations and greater passenger rights and compensation. We must remain part of that scheme. We must also maintain the environmental benefits it has brought.

Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018

Debate between Baroness Randerson and Lord Berkeley

Tuesday 6th March 2018 Lords Chamber

[Baroness Randerson (LD)]

My Lords, I think you could sum up what I feel about these regulations by saying, “At last!”—because this legislation has been delayed for many years. It goes back to the 2013 directive and we are now in something of a race against time to get it approved before next month, I believe, when a new year of target implementation comes into force. So it is very welcome, because the uncertainty has had a significant economic impact on the renewable transport fuel industry.

Interestingly, the aviation industry has also been asking for this for a long time and has warned that we are being left behind by a number of other countries. So I am pleased to see aviation included here, but I would ask the Minister for more detail on the Government’s plans for aviation. Sustainable Aviation has also called for government to de-risk investment in sustainable fuels by underwriting the risk and prioritising research into sustainable fuels to bring the UK into line with our competitors. What other measures are the Government taking to encourage sustainable aviation fuels?

My general comment is that, although the legislation is welcome, as ever it lacks ambition in its targets and timings. For instance, paragraph 8.9 of the Explanatory Memorandum explains the Government’s amended targets. There will no longer be a 2% interim target for greenhouse emissions in 2018, and the interim target will be left at 4% for 2019. Is that because the Government have run out of time to do it in 2018 or is it because, as the Explanatory Memorandum suggests, we are already at 2%? I would like some clarity on that, please, from the Minister.

As the Minister has just told us, the proposals include a crop cap, which the industry is of course unhappy with. Does the Minister believe that the proposal to put that cap at 4%, reducing to 2%, is stretching enough, and at the same time reasonable?

Throughout Europe, the United States and Australia, E10 is commonly used, and it is more environmentally friendly. Will the Government be introducing it later this year when the new regulations on fuel pump labelling come into force? I remind your Lordships that, in the past, British Governments have led the way—for example, on the introduction of unleaded petrol. Those were difficult decisions to make, but they were of huge importance for human health. This is a similar decision that needs to be made.

Behind all this is the force of EU law and requirements. I regret to say that the Government can no longer pretend to be at the forefront of EU policy on this, so I am anxious to get the Minister’s commitment that this is one area of EU environmental regulations where we as a nation will continue to shadow the leadership of the EU.

Finally, it is quite possible that the Minister will not be able to answer this now and might wish to write to me, but I would like a little information from her. In point 15 there is a reference to reporting on electricity usage by a supplier for the charging of electric vehicles. With the AEV Bill also before us, I am keen to see how exactly this requirement will work with that and how the data requirement in the Bill fits with these regulations. In asking this question I bear in mind, of course, that an electric car is really only as clean as the electricity that goes into it. The question of how electricity is generated is key, and in due course I would be grateful for further information on that.

[Lord Berkeley (Lab)]

My Lords, I follow the noble Baroness with a similar question. I was at a meeting this morning about electric cars, which was a sort of precursor to the Committee stage of the Automated and Electric Vehicles Bill. My question is about the addition of biofuels. Obviously I support the percentage increase up to 9.75% by 2020, but can the Minister tell me whether there are any types of motor that use this fuel that are adversely affected by it? The noble Baroness mentioned the aerospace sector. I understand that, among some parts of our large boating industry, which obviously uses lots of engines, there is a big worry about even the existing proportion of biofuels in the fuel because it adversely affects the engines. I do not know—if the Minister cannot answer this, perhaps she will write to me—whether it is because of the type of engine or because many boat engines spend most of the year doing nothing: it may be something to do with that. Manufacturers did not like the previous fuel and were even asking for two sets of fuel pumps, one with the biofuel addition and one without, which of course would cost an enormous amount of extra money.

I do not know whether this applies to any other type of motor. The railways are probably all right, as I suspect are most of the road transport and car industries, but it is important to know which type of motor and which type of use is adversely affected by this and what the manufacturers can do about it. Obviously it is good to increase the percentage, but if it is going to wreck engines in the process we will have to find a solution. I look forward to the Minister’s response.

Laser Misuse (Vehicles) Bill [HL]

Debate between Baroness Randerson and Lord Berkeley

Report stage (Hansard): House of Lords
Tuesday 27th February 2018 Lords Chamber

[Baroness Randerson (LD)]

The noble Lord has my support in wanting to push this issue a bit further. I recall raising in Committee the issue that it would be difficult to imagine why people would be walking around carrying a laser and pointing it at either objects on the road or planes in the air unless they were intent on doing some mischief.

It is also possible that people would find it very difficult, as the noble Lord has said, to prove the intent that is in the Government’s proposed legislation. I understand where the Minister is coming from on this—the Government do not want to criminalise people simply for walking around with a laser pen in their pocket—although I go back to the point, which I believe I made at Second Reading, that we have a situation with knives where we all own them and use them on a daily basis but it is an offence to be carrying a knife in certain situations. So we have managed to sort out the law in such a way that it is possible to distinguish between people who happen to have a knife in their rucksack because they were cutting up their apple for lunch and people who are carrying a knife with the intent to use it as a weapon. I say to the Government that it is probably worth while going back and looking again at applying that approach to the carrying of laser pens and lasers in general.

[Lord Berkeley]

My noble friend has made a very good point, as has the noble Baroness. It is a question of what evidence would be needed to secure a conviction for the intention to dazzle. It seems to me that, taking the noble Baroness’s example of having a knife in one’s pocket, evidence that a laser is switched on is not hard to find. Evidence of intent to dazzle is very difficult. I hope that she can give some examples of the type of evidence that would be likely to be accepted in order to secure a conviction. If she cannot do so after she has had time to consider the matter, it may be that my noble friend’s amendment is the right one, and the paragraph should be thereby deleted.

--- Later in debate ---

[Lord Berkeley]

I am grateful to the Minister for that explanation. I just want to clarify something I said earlier, because if I do not, the lawyers will start nitpicking at vast expense. Presumably “vehicle” in Amendment 7 includes trains—I think it should. Does it include bicycles, and people on bicycles? The controller of the vehicle is the person at whom the laser may be directed. Then we have things called segways, scooters and single-wheel segways. If they are all vehicles, that is fine by me, but I hope people will not start nitpicking and say, “Well, it’s not this, it’s the other”. I hope the definition is comprehensive.

[Baroness Randerson]

My Lords, I am grateful to the Minister for her amendments. They demonstrate that she has approached this Bill with very much an open mind. Because of the Bill’s technical nature, some experts in the House were able to add some very useful amendments, the noble and gallant Lord, Lord Craig, being an example. But it perhaps gives us pause for thought that the Bill, which has been pretty narrowly drafted—fortunately the noble Baroness has tabled amendments to broaden it significantly—still needed quite a lot of amendment. Although this is an issue that the Government have been considering for many months, there were still technical issues that needed to be addressed. That does not suggest that the proposals had been consulted on sufficiently. However, in relation to the Minister’s approach, I am very grateful to her for her assistance.