Temporary Cycle Lanes in London

Baroness Vere of Norbiton Excerpts

Thursday 4th November 2021 Lords Chamber

[Lord Cruddas]

To ask Her Majesty’s Government what discussions they have had, if any, with (1) Transport for London, and (2) the Mayor of London, in relation to the abolition of temporary cycle lanes in London.

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

My Lords, decisions on installing or removing cycle lanes in the capital are a matter for Transport for London and the London boroughs. Officials from the department have regular meetings with TfL to discuss this and other matters. The delivery of cycle lanes across London is also overseen by a steering group, which comprises senior representatives from government and TfL.

[Lord Cruddas (Con)]

I thank my noble friend for her response. To clarify, I am a keen cyclist myself and, during the lockdown, I even bought myself a new bicycle. To clarify my concerns, I refer only to the temporary cycle lanes. If they become permanent, they will be even more of a nuisance. In that context, it seems to me that, given that the Government have provided emergency funding to TfL during the pandemic, there is an opportunity to contribute to any debate about their continued existence in a meaningful way. Can my noble friend confirm that the meetings and discussions that she says have taken place have addressed that issue?

[Baroness Vere of Norbiton (Con)]

I think I can reassure my noble friend that the meetings are taking place. They take place fortnightly, and they discuss a wide range of issues. It is the case that cycle lanes were put in at the start of the pandemic on a temporary basis—indeed, on a trial basis. The vast majority of those have now become permanent cycle lanes; I think that maybe only about 1 mile of cycle lane has been removed, and that was on Euston Road.

[The Lord Bishop of London]

The Prime Minister recently announced his desire to invest £1 billion to boost electric car usage. Given the push for cleaner and greener travel, will Her Majesty’s Government first address the number of faulty charging points for electric cars in London and, secondly, promote co-operation among suppliers, so that potential users are not dissuaded by the current requirement to download multiple apps from multiple companies?

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[Baroness Vere of Norbiton (Con)]

The right reverend Prelate has gone a little bit beyond my brief this morning, but I can reassure her that we work very closely with the manufacturers of the chargers—indeed, the operators of the chargers. Of course, we need the chargers to work, and we need to make sure that we work with local authorities to make sure that they do so.

[Lord Young of Cookham (Con)]

But, my Lords, did not the Royal Borough of Kensington and Chelsea jump the lights by removing so precipitately the successful and popular bicycle lane in Kensington High Street, which was a crucial link in the east-west cycle route? At the next meeting of the Active Travel Oversight Group, on which my noble friend’s department sits, will she reopen discussions with the royal borough to see if the scheme can be reintroduced, with amendments if necessary?

[Baroness Vere of Norbiton (Con)]

Ah, the Royal Borough of Kensington and Chelsea—that well-known hub and hive of interest in cycling. Indeed, it has about 100 miles of road in the borough, but not a metre of cycle lane. But it is the case that the Active Travel Oversight Group, to which my noble friend refers, has discussed the issue of cycle lanes in that particular council. It is also the case that TfL has thus far not provided any active travel funding from the latest settlement to that council.

[Lord Berkeley (Lab)]

My Lords, I congratulate the Minister and TfL on these temporary cycle lanes. As other noble Lords have said, they are really good. Will the Minister confirm that as many of them as possible will be made permanent and that, where there are missing links, which are so important for safe cycling, she will discuss with TfL some cycle routes to link them, which are also safe and will therefore encourage cycling?

[Baroness Vere of Norbiton (Con)]

Of course, we have discussions with TfL on what the network looks like as a whole. It is, of course, the decision of the local borough, in many cases, as to whether it puts a cycle lane in place, and it must consult the local community. But I am pleased to say that the surveys that we have done to date show that twice as many people support increased cycling and walking as oppose it.

[Baroness Barker (LD)]

Does the Minister agree that air quality in London remains poor and that, to achieve better air quality as soon as possible, there has to be a modal shift away from cars towards bikes and e-bikes? Does she agree that maintaining cycle lanes is a critical factor in people feeling safe enough to cycle in London?

[Baroness Vere of Norbiton (Con)]

It is the case that London has an incredibly good public transport system. I found out the other day that, of London car owners, 90% of their journeys are within London. One has to ask some of them at least why that would be the case, when there are very good buses and, obviously, an excellent Tube network. So modal shift does play an important part, not only for carbon emissions but also for air quality improvements.

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[Noble Lords]

Hear, hear.

[Baroness Vere of Norbiton (Con)]

I sense that the House is divided on this topic.

My Lords, well-designed cycle lanes and low-traffic neighbourhoods benefit everybody. Sometimes traffic increases, but evidence shows that the increase is temporary and short-lived as the traffic adapts. Of course, we must be cognisant of increased congestion if it occurs for a prolonged period—for example, as it did on the Euston Road. In that particular case, the cycle lane was removed.

[Lord Tunnicliffe (Lab)]

My Lords, given the conflict between the Royal Borough of Kensington and Chelsea and the mayor, and that all new transport schemes have winners and losers, has the Department for Transport provided adequate decision-making criteria for the resolution of interagency disputes?

[Baroness Vere of Norbiton (Con)]

The Government’s role in this is to ensure that the guidance relating to the network management duty is appropriate. We have reviewed and refreshed that guidance, and it does reflect the Government’s desire for local highway authorities to provide safe space for cyclists and pedestrians. It also sets out that boroughs need to consult and must give any scheme sufficient time to bed in before they think about removal.

[Lord Robathan (Con)]

My Lords, like my noble friend Lord Young, I am a former chairman of the All-Party Cycling Group in the House of Commons. However, not all measures to encourage cycling, which I have been doing since I got to Parliament in 1992, are worth while. I particularly pick up on Park Lane, where there is a cycle lane in the park not 50 yards away. This is mad—all we are doing is achieving pollution and congestion in Park Lane. I very rarely go up Park Lane but, when I do, I see that it is a shocking waste of money and people’s time and, indeed, it is polluting the atmosphere.

[Baroness Vere of Norbiton (Con)]

My Lords, there is much focus on Park Lane this morning. Of course I will take the concerns of my noble friends back to the department and it will be discussed at the Active Travel Oversight Group.

[Lord Austin of Dudley (Non-Afl)]

My Lords, as another former chair of the All-Party Cycling Group, I would like to invite noble Lords to come with me for a bike ride to discover the joys of cycling in London. They will find that it is good for their health and public health, it cuts congestion and emissions, and it helps to meet the targets that the Government set this week at COP. So I ask the Minister: how do the Government propose to persuade reluctant local authorities to provide more safe infrastructure for cycling, so that they hit the Government’s own target to double the number of trips made wholly or partly by cycling from 2013 figures by 2025?

[Baroness Vere of Norbiton (Con)]

The route to your Lordships’ House is clearly the chairmanship of that APPG. The Government want to encourage improved cycle lanes and cycling infrastructure and, for those reluctant local authorities, we make it very clear to them that future funding is conditional on historic performance. If they do not put in the sort of measures that we would wish to see, frankly, they will not get any money in the future.

[Lord Jones of Cheltenham (LD) [V]]

My Lords, the report Cycling Injury Risk in London showed that protected cycling infrastructure reduced the odds of injury on the morning commute by up to 65%, whereas advisory lanes increased injury odds by 34%. Have the Government carried out a cost analysis of increasing protected cycle infrastructure against the benefits to the NHS of increasing the number of cyclists?

[Baroness Vere of Norbiton (Con)]

The Government expect that new cycle lanes are properly segregated to ensure that cyclists are as safe as possible.

Railways: East Coast Main Line

Baroness Vere of Norbiton Excerpts

Wednesday 3rd November 2021 Lords Chamber

[Lord Beith]

To ask Her Majesty’s Government what discussions they have had with (1) Network Rail, and (2) Train Operating Companies, about the delay to the proposed East Coast Main Line timetable changes.

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

My Lords, the east coast main line is a crucial route for passengers and freight and is already playing a critical role in helping passengers return to rail, as well as leading the revenue recovery vital to restoring the financial health of the railway. The department holds weekly discussions with Network Rail and train operators, which are focused on modifying the original proposals in response to stakeholder feedback and mitigating outstanding risks to delivering the timetable reliably.

[Lord Beith (LD)]

My Lords, the timetable was withdrawn by Network Rail because it could not be operated reliably on the existing infrastructure and because there was such a hostile public reaction from areas that faced fewer trains, longer journeys and no improvement in connectivity across the north. Now that there has been a welcome rethink, what guidance are Ministers giving in these meetings to the industry? Should the industry plan a simpler timetable, taking account of the limitations of the infrastructure, or should it assume that the limitations on the infrastructure will all be fixed?

[Baroness Vere of Norbiton (Con)]

My Lords, we are currently in the fairly early stages of the very complex discussions around the consultation. The noble Lord is quite right: when you ask the British public a question and for their feedback, they rightly give it. We have had over 10,000 responses to the consultation. While the feedback was balanced, views were polarised, and I am afraid that it is impossible to keep absolutely everybody happy. The discussions continue—as I said, they are on a weekly basis—and proposals will be coming to Ministers in due course.

[Lord Rosser (Lab)]

There appears to be a conflict here between increasing services from Scotland and the north-east to London and the potentially adverse impact this would have on trans-Pennine services from Newcastle to Manchester and Liverpool due to track capacity constraints in the north-east. Why have the Government failed to address these issues—which do not spring up overnight—over the last 11 years, particularly bearing in mind that they now also impact on Northern Powerhouse Rail, about which the Government to date have said so much and done so little?

[Baroness Vere of Norbiton (Con)]

The Government have invested £4 billion in the east coast main line and are planning to invest a further £1.2 billion in issues such as capacity at Stevenage, the King’s Cross track remodelling and the Werrington grade separation works. These upgrades will deliver better journey times, reliability and capacity improvements.

[Baroness McIntosh of Pickering (Con)]

My Lords, I declare that I am a regular user of LNER and congratulate it on its reliability and punctuality, apart from during weather difficulties. My noble friend recently reported that some of the additional capacity will go to the south-west of England, yet passengers and LNER have suffered two years of disruption from Network Rail improvements into King’s Cross, with the promise of extra capacity between London and the north of England on the east coast main line route. Will she give her word that this additional capacity will be delivered?

[Baroness Vere of Norbiton (Con)]

My Lords, throughout these timetable considerations, the Government need to balance the feedback we get from people and organisations with the journeys that passengers actually take; sometimes those two do not have a lot of connection. But my noble friend is quite right to note that the demand on LNER is coming back more strongly than in other cases. Of course we are taking that into account and, if needs be, we will make sure that the capacity improvements on the services she talks about are put in place.

[Baroness Randerson (LD)]

My Lords, it is five times more expensive to go to COP 26 using east coast main line train services than it is to fly. Since train travel is much more environmentally friendly than flying, how can the Government justify the Chancellor’s decision to make domestic air travel even cheaper by cutting APD? Since the Government subsidise the railways with taxpayers’ money, how can they justify giving tax breaks to their competitors, which will inevitably undermine the viability of railway lines such as the east coast main line?

[Baroness Vere of Norbiton (Con)]

As the noble Baroness knows, the Government were really clear in the transport decarbonisation plan what the long-term future looks like for various modes of transport. We recognise in that plan that the cost of motoring has fallen at the same time, for example, as the cost of fares have gone up by 20% and even more than that for bus and coach journeys. But, of course, gradually and over time we will make trains and buses better value and more competitively priced. This will impact on the modal shift and take people away from flying or using their car and get them on to trains and buses. As she is well aware, there have been a number of competitions recently where people have taken a train and a plane at the same time and arrived at their destination at the same time.

[Baroness Jones of Moulsecoomb (GP)]

I am sorry; I do not think that the question has been answered. When are the Government going to start making public transport cheaper and, for example, domestic flights more expensive? The Minister cannot just say it is going to happen some time in the future; we have a climate emergency to worry about.

[Baroness Vere of Norbiton (Con)]

The Government are subsidising train fares by a vast amount at the moment. Obviously we want them to be as low as possible, but the amount of subsidy needs to be fair to the taxpayer. The Government have asked for bus service improvement plans from all local transport authorities in the country, and we will look at their fare proposals and make sure that we can support those who offer the best value for money.

[Baroness Neville-Rolfe (Con)]

With the problems over the east coast main line timetables, does the Minister believe that the advent of Great British Railways will end the design of timetables that are unworkable, cause chaos and delay, and confuse the consumer? I should declare an interest as the chair of the Built Environment Committee. On Friday, we are publishing a letter proposing a way forward on rail fares, another aspect of the Williams-Shapps plan for rail.

[Baroness Vere of Norbiton (Con)]

I thank my noble friend for raising this. She is absolutely right: Great British Railways is one of the ways in which we can ease the transition from one timetable to the next, and minimise the risks to delivering the services that passengers want and—as we know from demand figures—need. When Great British Railways is established and we bring together the ownership of the infrastructure, consideration about fares, timetables, and planning of the network under one roof, it will bring much greater benefits for the passenger and much greater accountability.

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, I am a regular passenger on the new Azuma train on the excellent east coast line. When the private franchise is removed from time to time, the Government become the owner of last resort, yet the service appears to remain excellent and actually, I understand, makes a profit. Given that, does the Minister agree that it matters not who owns and controls the service, for it is the skilled, excellent, customer-friendly staff on the trains and in the call centres who make the difference and govern the high quality of the service?

[Baroness Vere of Norbiton (Con)]

I agree that the staff are absolutely crucial. They provide an outstanding service on LNER, which is why it is doing pretty well at the moment. However, I do not agree that rail services should be nationalised as a whole. The proposals put forward in the Williams-Shapps plan for rail keep the best elements of the private sector, with new contracts for passenger operators and strong incentives to run very high-quality services.

[Baroness Humphreys (LD)]

My Lords, Monday’s announcement by Avanti West Coast that direct train services between north Wales and London will not be restored till next spring will cause concern to commuters. At the height of the pandemic, services were slashed to two direct services a day but, as passenger numbers increase and the winter months approach, connection times will become far more onerous for passengers. Avanti needs to restore direct services to north Wales so that passengers get the service they pay for. Will the Government tell it that?

[Baroness Vere of Norbiton (Con)]

Of course the Government are working very closely with the train operating companies. There is, as the noble Baroness probably knows, the rail revenue recovery group, which is working across Network Rail, the train operating companies and various consultancies to ensure that we are able to maximise revenue in a very depleted revenue environment and provide the services required. Of course we keep services under review, look at passenger demand and make changes accordingly.

[Lord Mann (Non-Afl)]

There is no polarisation where I live about the suggestion that most of the services from London to Retford and vice versa should be removed. How can businesses such as the internationally renowned artisan food centre on the Welbeck estate survive if no one can get there by train?

[Baroness Vere of Norbiton (Con)]

The noble Lord has highlighted exactly what has happened. There is no polarisation within any particular place, but the tension between different places and between the north/south and east/west routes is very vivid. However, I take his point that we need to make sure that the right services are in place to support businesses. That is what we are working through at the moment and we will of course consider what he has said.

HGV Drivers

Baroness Vere of Norbiton Excerpts

Tuesday 26th October 2021 Lords Chamber

[Baroness Randerson]

To ask Her Majesty’s Government what plans they have to evaluate the success of the measures they have put in place to address the shortage of HGV drivers.

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

My Lords, we have taken decisive action to address the acute driver shortage, with 25 specific measures taken by the Government already to support the industry as it resolves this long-standing workforce issue. We are seeing results, with the Driver and Vehicle Licensing Agency dealing with around 4,200 applications daily, more than double the pre-Covid rate.

[Baroness Randerson (LD)]

My Lords, we have a truly world-beating driver shortage in the UK. Given that the last time we discussed this the Minister said that the problem goes back to 2010, can she explain why the Government have had to resort to government by panic button, with some 25 last-minute measures to try to avert a crisis? Why was there no long-term plan to improve pay rates and conditions in order to attract the new entrants that the Government now say are so needed?

[Baroness Vere of Norbiton (Con)]

I think that I will probably say this many times: the haulage sector is a private sector and the Government do not customarily get involved in individual pay rates within those sorts of sectors. We have been working with the sector to address this issue. Indeed, many years ago now we commissioned a study into the availability of lorry parking and we are doing another one to see what we can do in that regard. So it is not fair to say that we have not been cognisant of this issue for quite some time. We have been working with the industry because it is mostly up to the industry to resolve it.

[Lord Whitty (Lab)]

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

[Baroness Vere of Norbiton (Con)]

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

[Baroness Foster of Oxton (Con)]

My Lords, the information recently disclosed is that there was a backlog of some 56,000 HGV licences that were being delayed in the process, as well as delays in driver training, by the DVSA. This caused an outrage and, in addition, the threat of industrial action. Will the Minister please tell us what steps the Government have taken to address these issues?

[Baroness Vere of Norbiton (Con)]

I reassure my noble friend that I have had several conversations with the DVLA on this matter. I assure her that currently there is no backlog at all for provisional vocational licences; these are being processed within the normal turnaround time. As of Monday, there were 27,000 applications for vocational driving licences awaiting processing. However, the holders of the vast majority of those, which are renewals, will of course still be able to drive under Section 88 provisions.

On the strike at the DVLA, it was and remains extremely unwelcome and unjustified. The PCS has repeatedly claimed that increasing the backlog is a success. I do not agree; that is not a success. It is impacting our supply chains and those people who need to use their cars to travel. However, I also point out that the vast majority of DVLA staff are not striking, and I welcome the work that they do.

[The Earl of Clancarty (CB)]

My Lords, further to the question asked by the noble Lord, Lord Whitty, does the Minister believe that we can learn from others, including our European neighbours, in the provision of dedicated roadside facilities, such as the Relais Routiers network of over 1,200 restaurants with safe parking and shower facilities? These are popular with British HGV drivers when they drive through France. The UK has no such dedicated facilities for lorry drivers, and we are in urgent need of them.

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[Baroness Vere of Norbiton (Con)]

I am not sure we will necessarily follow the French example, but I accept that we need to improve the quality and quantity of facilities for our drivers and the availability of lorry parking for rest breaks. Obviously, I am working very closely with the owners and operators of the 114 motorway service areas we have. Of course, there are countless other providers of facilities that are away from the strategic road network. I agree that we need to improve them and perhaps there might be something more about that in the spending review.

[Lord Rosser (Lab)]

No one should object to heavy goods vehicle drivers being paid a lot more for the valuable work they do, but now we read that some local authorities are facing shortages of drivers of refuse collection vehicles and gritters because they are leaving for newly substantially higher-paid driving jobs for supermarket chains, among others. Since this is a direct spin-off from the Government’s own hard Brexit, will the Government commit to reimbursing cash-strapped local authorities for the cost of paying drivers of refuse collection vehicles and gritters more to retain their services and ensure the maintenance of these vital public services this winter?

[Baroness Vere of Norbiton (Con)]

As the noble Lord knows, there is a shortage of lorry drivers across Europe so we would not necessarily have been able to rely on cheap EU labour in the current situation. I accept there will be a transition from where we were previously to where we are now. Some people will move jobs and I accept that the key to that is to increase training for HGV drivers. We are providing the tests and working with the training sector to provide training so that people can come through and drive our garbage disposal trucks and gritters.

[The Lord Speaker (Lord McFall of Alcluith)]

Lord Lancaster of Kimbolton? Not present? I call the noble Lord, Lord Mann.

[Lord Mann (Non-Afl)]

If I were a foreign lorry driver, I would go home for Christmas knowing that on 1 January I would get another big cash bonus to retake up a lorry driving job. Considering that, can the Government guarantee that we will all have our turkeys available on Christmas Day this year?

[Baroness Vere of Norbiton (Con)]

As I think I have tried to point out, the Government are extremely active in this area: 25 measures and counting in terms of making sure that we not only address the short-term issues but consider the medium and long-term solutions to this current shortage.

[Baroness McIntosh of Pickering (Con)]

My noble friend may not be aware that I am the honorary president of the UK Warehousing Association. It is deeply concerned about the shortage of forklift truck drivers, which is impacting once again on the supply chain. What can my noble friend do to work with the industry to try to resolve the situation in the run-up to Christmas so that we can empty the warehouses and get the supply chain moving as best we can?

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[Baroness Vere of Norbiton (Con)]

I am very happy to work with the UK Warehousing Association on any measures we can take to increase the number of forklift truck drivers coming through. In return, I would really like the UK Warehousing Association to encourage its members to provide decent facilities and places to have a rest for HGV drivers when they are dropping off.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, can the Minister indicate what assessment has been undertaken of the potential impact on the availability of HGV drivers after the Government impose checks on goods coming in from the EU as a result of the Government’s hard Brexit?

[Baroness Vere of Norbiton (Con)]

We do not believe there will be an impact from any checks coming from the EU.

Insulate Britain

Baroness Vere of Norbiton Excerpts

Tuesday 26th October 2021 Lords Chamber

[Lord Moylan]

To ask Her Majesty’s Government what assessment they have made of the costs to (1) public services, and (2) the wider economy, of the recent campaign by Insulate Britain of obstructing motorways and major roads.

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

My Lords, Insulate Britain’s irresponsible actions have disrupted thousands of people’s lives. National Highways estimates that the financial impact on drivers from time lost during just three days of disruption totals £559,946. This does not include the costs of missed appointments or of managing the incidents, disruption to manufacturing or retail, or the impact of disruption on other days. These costs would have been even higher without prompt action by the police to remove protesters and free up traffic.

[Lord Moylan (Con)]

My Lords, according to the Observer at the weekend, Insulate Britain activists are baffled as to why they are not in jail already. They thought that their campaign would be over in two days, rather than being allowed to go on for five weeks. I think that the rest of the country rather shares their bafflement. As they resume their very expensive campaign of disrupting ordinary people’s lives, can my noble friend say that the Government both have and will deploy the necessary legal powers to bring them before a court of law?

[Baroness Vere of Norbiton (Con)]

We are investigating all possible legal avenues to bring these people to justice. National Highways and Transport for London have both rapidly put in place injunctions to deter these sort of dangerous actions. Only yesterday, the High Court granted National Highways an interim injunction banning activities which obstruct traffic and access on any part of the strategic road network—that is, all motorways and major A roads. Last Friday, National Highways applied for committal for contempt of court in respect of nine individuals suspected of breaching injunctions. If found to be in breach, these individuals could face an unlimited fine and/or imprisonment.

[Viscount Ridley (Con)]

My Lords, does my noble friend agree that what appears to have been a cunning plan by the secret society of evil net-zero sceptics to get Insulate Britain to undermine the appeal of the Green movement was brilliantly executed? Was it not a particular triumph to choose upper middle-class twits to confront ordinary people trying to get to work or school? Was it not a stroke of genius to make sure that some of them had not insulated their own homes? Does she agree that it is surprising that the environmental movement has not yet seen through this stunt?

[Baroness Vere of Norbiton (Con)]

I cannot agree more with my noble friend.

[Lord Davies of Brixton (Lab)]

My Lords, there is no doubt that the activities of the Insulate Britain campaign have caused problems and disruption for many people. I guess that was the point. Does the Minister agree that these problems will come to be seen as trivial when compared to the disruption we shall all face to our lives if we fail to address climate change?

[Baroness Vere of Norbiton (Con)]

This Government have one of the strongest records in the world in tackling climate change, and I fear that using the word “trivial” in relation to this disruption is a poor choice of word. Insulate Britain has said that days of disruption are necessary to force the Government to act. This is just a small, rag-tag group of people who will not force the Government to do anything.

[Baroness Hoey (Non-Afl)]

My Lords, I am sure that most of your Lordships’ House have been on demonstrations or protests during their lives, even if they do not want to admit it now. Those demonstrations were different: the police were involved beforehand and looked to make sure that the law was not broken. What we are seeing here are people who have gone out deliberately to obstruct ordinary daily life. Some of the demonstrators have said that they think they are not being arrested and charged properly and ending up in prison because of the COP 26 conference. There is a kind of feeling that they do not want people to be in jail for anything vaguely to do with climate change. Can the Minister confirm or deny this?

[Baroness Vere of Norbiton (Con)]

It certainly has nothing at all to do with COP 26. Obviously, certain matters are operational matters for the police, but the noble Baroness is right: we all know of good protests. Getting a million people out on the streets on a Saturday afternoon where the police have been told in advance, where there is a good level of public support and where you do not destroy any statues is a good protest. Insulate Britain members are not good protesters.

[Lord Rosser (Lab)]

Climate change is the major challenge of our time, and winning public support for the cause is critical. Blocking roads and antagonising people is not going to achieve that objective.

This week, the London Mayor, Sadiq Khan, has significantly extended London’s ultra-low emission zone. The Evening Standard yesterday said that it backed Sadiq Khan in

“taking steps to clean up our city’s toxic air and cut our carbon emissions in the process.”

Do the Government also back Sadiq Khan on this, regarding it too as an effective example of how the ballot box can prove to be an effective way for people to respond to the climate crisis?

[Baroness Vere of Norbiton (Con)]

As the noble Lord will know, we probably have a much closer relationship with the Mayor of London than we would ordinarily have at the moment. Although transport is devolved in London, owing to a substantial hole in TfL’s finances we have to provide it with quite significant funding every now and again. Indeed, the last deal we agreed with the mayor included that there would be no change to the extension of ULEZ.

[Lord Balfe (Con)]

My Lords, the laws already exist to deal with this matter, but the police are just not using their operational freedom to put them into effect. Could the police be advised that there would be a lot of public support if they were to use their influence and arrest people, and a few of them could spend a few days in prison? It might put them off further action.

[Baroness Vere of Norbiton (Con)]

As I noted, policing matters are an operational matter for the police, but I am sure that the Metropolitan Police will have heard my noble friend’s wise words.

[The Lord Speaker (Lord McFall of Alcluith)]

I call the noble Lord, Lord Austin of Dudley. No, he is not present. In that case, I call the noble Baroness, Lady Jones of Moulsecoomb.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, as of March last year the cost of road congestion in the UK was £7 billion, estimated at £784 per driver. Clearly, the Government are irresponsible to let that congestion go ahead and really ought to have a plan to reduce it that does not involve building more roads, which actually will attract more traffic. Would the Minister like to say something about that? Plus—Insulate Britain is right. Its tactics might be colossally difficult for us to cope with, but it is right that the Government should be insulating the leakiest council housing homes in Britain, rather than allowing those people to spend cold winters, be ill and emit endless CO₂ emissions.

[Baroness Vere of Norbiton (Con)]

Well, I am just relieved that the noble Baroness did not stand up and agree with her fellow eco-warriors. As I have previously set out, this Government have a very strong record on tackling climate change. I point the noble Baroness to the transport decarbonisation plan, published by the Department for Transport, which clearly sets out exactly how we intend to decarbonise our transport system.

[The Lord Speaker (Lord McFall of Alcluith)]

My Lords, that concludes Oral Questions for today.

Airports Slot Allocation (Alleviation of Usage Requirements) (No. 2) Regulations 2021

Baroness Vere of Norbiton Excerpts

Tuesday 26th October 2021 Lords Chamber

Moved by

[Baroness Vere of Norbiton]

That the draft Regulations and Orders laid before the House on 19 July and 6 September be approved.

Relevant documents: 12th and 14th Reports from the Secondary Legislation Scrutiny Committee. Considered in Grand Committee on 19 October.

Motions agreed.

Airports Slot Allocation (Alleviation of Usage Requirements) (No. 2) Regulations 2021

Baroness Vere of Norbiton Excerpts

Tuesday 19th October 2021 Grand Committee

Moved by

[Baroness Vere of Norbiton]

That the Grand Committee do consider the Airports Slot Allocation (Alleviation of Usage Requirements) (No. 2) Regulations 2021.

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

My Lords, these draft regulations will be made under the powers conferred by the Air Traffic Management and Unmanned Aircraft Act 2021, known fondly by everybody as ATMUA. ATMUA created a more flexible set of powers for Ministers to implement slot alleviation measures related to the impacts of Covid-19, subject to a vote in both Houses. It allows us to tailor our response in ways that were not possible beforehand.

Ordinarily, airlines must operate slots 80% of the time to retain the right to the same slots the following year; this is known as the 80:20 rule or the “use it or lose it” rule. However, the powers provided by ATMUA enable the Secretary of State to provide alleviation from this rule if he is satisfied that there is a reduction in demand due to the Covid-19 pandemic and that the reduction is likely to persist.

Under ordinary circumstances, the 80:20 rule helps to encourage efficient use of scarce airport capacity while allowing airlines a degree of flexibility in their operations. In response to the Covid-19 pandemic, the EU Commission waived the 80:20 rule for the summer 2020 and winter 2020 seasons. Following the UK’s departure from the EU, the UK Government decided to extend this waiver to cover the summer 2021 season, going through until the end of October 2021, through the Airports Slot Allocation (Alleviation of Usage Requirements) Regulations 2021.

Through the provision to airlines of legal certainty that they would be able to retain their slots even if not operated, the commercial impacts of the Covid-19 outbreak on the industry were mitigated. This is because airlines might otherwise have opted to incur costs and operate flights at low load factors merely to retain slots. That would have been bad for emissions and, of course, bad for their finances.

Due to continued uncertainty and low passenger demand forecasts, we set out a package of measures on 19 July to alleviate slot usage requirements for the winter 2021 season, which runs from 31 October 2021 through to 26 March 2022. This package was developed following consultation with the aviation industry and careful consideration of the responses that we received. Industry expressed a range of views, ranging from calls for a full waiver to support for no alleviation at all.

The draft instrument being considered today applies to England, Scotland and Wales. Aerodromes are a devolved matter in relation to Northern Ireland and, as there are no slot co-ordinated airports in Northern Ireland, the Northern Ireland Executive agreed that it was not appropriate for the powers of the Act to extend to, or apply in relation to, Northern Ireland.

In the draft instrument, the Government have set out a package of alleviation measures designed to work together. These include changing the minimum usage ratio to 50:50, meaning that airlines are required to use their slots at least 50% of the time to retain the right to operate these same slots the following year. The reintroduction of a utilisation rate should encourage efficient slot use while also supporting sector recovery.

Secondly, the draft regulations also allow airlines that hand back a full series of slots to the slot co-ordinator—

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[Baroness Vere of Norbiton (Con)]

My Lords, we were talking about the content of the SI and discussed the first element, which changes the minimum usage ratio to 50%.

The second element is that the regulations allow airlines which hand back a full series of slots to the slot co-ordinator before the start of the season to retain the right to operate that series of slots the following year. This will provide an opportunity for other airlines, including new entrants, to apply for and operate these slots on a temporary or ad hoc basis. This measure will apply to traded and leased slots but not to newly allocated ones; this is to prevent carriers acquiring slots with no intention to operate them. Airlines which have announced that they have permanently ceased or will permanently cease operations at an airport before the start of the winter 2022 season will not benefit from this measure in winter 2022.

Finally, the draft regulations expand the reasons which airlines may use to justify not using slots to include Covid-19-related restrictions. This provides a backstop against the risk of unforeseen Covid-19-related measures or restrictions being imposed during the season. This will apply where unforeseen Covid-19-related measures—including flight bans and quarantine or self-isolation requirements—are applied at either end of a route and have a severe impact on demand for the route or its viability. It will apply where restrictions could not reasonably have been foreseen in time to hand back the full slot series. There will be a three-week recovery period during which these provisions, sometimes known as force majeure, may still apply following the end of the Covid restrictions. These measures will cover the winter 2021 scheduling period, as I have noted. We are currently considering alleviation for summer 2022 and plan to consult with industry to inform our policy decision later this year.

This instrument provides necessary relief for the aviation sector for the winter 2021 scheduling period. Through this package of measures, we have aimed to strike a balance between supporting the financial health of the sector and encouraging recovery. I commend this instrument to the Committee.

[Baroness Randerson (LD)]

I thank the Minister for her very clear explanation. I certainly appreciate the need for these adjustments to take the heat off the airlines during what is still a difficult time for aviation.

I note that one of the reasons why the non-use of slots is justified is a result of government-imposed measures which make routes unviable. It is a pity that the airlines are getting the benefit of this alleviation on slot allocation when there appears to be no clear obligation on those same airlines to return money to consumers on the basis of the same government restrictions on flying. Not all airlines by any means have behaved badly, but the CMA has recently cited a lack of clarity in consumer legislation for its abandonment of attempts to ensure that all airlines did the decent thing and offered proper refunds. Can the Minister say whether the Government have any intention to clarify consumer law?

I note also that there has been no impact assessment because this legislation is designed to be for a period of less than 12 months. But in fact, although it sets out rules for 2021-22, it also bestows rights to the control of future slots into 2023. That is what the winter period of 2022 becomes—it moves over into 2023. This situation has already existed for 18 months, and, as the Explanatory Memorandum itself points out, slots have significant competitive operational and financial value. Taken together, this will have a distorting impact on the industry—it can have nothing else. The Explanatory Memorandum warns of the impact on smaller airports and the likelihood that the relief to a 50% level for the use of slots will have an impact on small airlines wanting to accumulate new slot rights at congested airports. Therefore, although this measure is undoubtedly environmentally desirable and commercially necessary at this time, it will favour the big and established airlines. I would be interested to hear the Minister’s comments on that.

Paragraph 7.6 of the EM recognises the dubious practices of some airlines, which seek basically to game the system by seeking to accumulate new slots for this winter which they have no intention of using, simply to gain historic rights for use in the future. So my question to the Minister is this. In the past, Gatwick has had some concerns about what it saw as unfair hoarding of slots. Is the Minister aware of this issue—I am sure she is—and has it been resolved to the satisfaction of Gatwick Airport?

Paragraph 3.1 of the EM refers to reasons for delay in laying the draft SI and the need to use the latest data on the level of air traffic. Can the Minister please give us an update on what the latest level of air traffic is at the moment? What percentage are we up to compared with 2019, for example?

Finally, is the Minister aware of what action our neighbouring countries are taking on this issue? Are they taking similar action on slots? Everyone started from a similar position on the rules on slots across the EU and in neighbouring countries. In the early period of the pandemic, I recall that they all moved forward in a fairly similar way. Are we still in tune with the actions of our neighbours?

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[Baroness Vere of Norbiton (Con)]

I thank the noble Baroness, Lady Randerson, and the noble Lord, Lord Rosser, for their contributions to the short debate today and for their welcome—I think—for these regulations. I think they do the right thing for the industry. As ever, both have asked me questions that I am unable to answer today, so I shall be writing, but, in the meantime, I hope to run through a few of the elements that have been raised.

First, it is worth reflecting on where the aviation sector is at the moment. Obviously, it remains not where we want it to be, but it is in a much better place than it was. As of the end of September 2021, UK flight traffic continues slowly to recover but remains 49% below corresponding 2019 levels. Even with the ongoing relaxation of restrictions and the anticipated reopening of travel to the US, Covid-19 is likely to remain a considerable source of uncertainty for some time. I think that also addresses the point made by the noble Lord, Lord Rosser, who asked where we see things going in the future. It is not really possible for us to say what we think capacity is going to be like over the winter months, and certainly we will need to maintain as much flexibility as possible. We have to make sure that we discourage slot hoarding and inefficient slot use. We need to make sure that we support the airlines’ financial health as much as we can, and we have to protect future connectivity, both domestically and internationally.

Part of what the Government are working hard on at the moment is what the future for aviation looks like, because we recognise that it has been an incredibly challenging time for what feels like a long period now and the sector is vital to our future as a global trading nation. My department is working on a strategic framework for the aviation sector which will focus on building back better and ensuring a successful UK aviation sector in the future. The framework will explore a number of issues, including workforce and skills, regional connectivity, noise, innovation and regulation, and the consumer issues so rightly highlighted by the noble Baroness, Lady Randerson. The framework will of course also consider climate change and decarbonisation, as well as the role that aviation plays in the UK’s global reach. We hope to have that published by the end of the year. I look forward to discussing it with noble Lords then.

The noble Lord, Lord Rosser, asked what proportion of full slot series have been handed back. I do not have that data, and I am not entirely sure that we would have it, for commercial reasons, but if I am able to find out a bit more information I shall certainly write to the noble Lord and set it out. Whether they use slots has to be a commercial decision for the airlines; they will take into account the services and routes they operate. The provision allows them such flexibility so that they are able, before the start of the season, to do something about what they think is going to happen if they potentially have too many slots that it is clear they will not need. We are aware that a number of airlines have returned their slots and then reapplied for a proportion of them as ad hocs. This is a legitimate use of the provisions, which are designed to promote flexibility. These slots may of course have been allocated to another carrier. In those circumstances, the decision is not exactly risk free, but it was obviously the right one for the airlines that chose to do that.

The noble Lord, Lord Rosser, also asked for greater detail on the breakdown of the 54 respondents and who felt what about which of the interventions we are proposing. I do not have that. I have said previously that there was a range of views. We felt that the 50% minimum usage threshold was supported by the largest number of respondents, and it is consistent with proposals being put forward by IATA—again, that is helpful.

The noble Baroness asked what the EU is doing. It is doing something fairly similar at the moment. I think we have slightly more flexibility because we have the powers under ATMUA, but, given that aviation is so interconnected, we look at what the EU is doing as well as at what is happening in the US, where domestic flights have continued to a significant degree but international flights have not. We believe we have the right balance.

The noble Baroness, Lady Randerson, asked about an impact assessment and highlighted some of the impacts that have been set out very well in the Explanatory Memorandum. There are pros and cons. It is a careful balance that we are trying to achieve, but a formal impact assessment is not needed—obviously, my officials checked this out carefully—because the regulations apply for a six-month period; that is, it is less than 12 months. However, we have done what we can to set out clearly the benefits and potential disbenefits of the interventions in the Explanatory Memorandum. Given that our interventions are matched by so many other countries, I believe it is probably the right way to go.

I turn to some of the longer-term issues relating to slots. It is the case that we are considering the whole slot allocation system as part of future aviation policy. We are not entirely convinced that the current system is working as efficiently as it could. It is worth looking at it because, as we recover from the impacts of Covid-19, we want to make sure that we have the right level of competition to ensure that the customer gets the best levels of connectivity and indeed price. This work will involve consultation with our international partners and all our UK stakeholders. It is not a small endeavour but it is something that we will be looking at in future.

Without the instrument, we would return to the default 80:20 slot usage rule. I do not believe that noble Lords want to go there and no one has indicated that that is the case. I therefore think that the instrument provides an appropriate way forward and I beg to move.

Motion agreed.

Heavy Commercial Vehicles in Kent (No. 1) (Amendment) Order 2021

Baroness Vere of Norbiton Excerpts

Tuesday 19th October 2021 Grand Committee

Moved by

[Baroness Vere of Norbiton]

That the Grand Committee do consider the Heavy Commercial Vehicles in Kent (No. 1) (Amendment) Order 2021.

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

My Lords, the two instruments that I am speaking to today, along with the Heavy Commercial Vehicles in Kent (No. 3) Amendment (No. 2) Order 2021, are a package of measures and it is important that they should be debated together. I am grateful to the House for facilitating this. While the Heavy Commercial Vehicles in Kent (No. 3) Amendment (No. 2) Order 2021 requires the negative procedure, it should be taken into account when considering the two amending orders, as it completes the whole picture. Taken together, they support the effective management of Operation Brock and strengthen the enforcement regime that underpins it.

As noble Lords will be aware, the Government have been working with partners in the Kent Resilience Forum to continue to develop Operation Brock. Operation Brock is a co-ordinated multiagency response, owned by the Kent Resilience Forum, to manage heavy commercial vehicle traffic during cross-Channel travel disruption, specifically when capacity for HCVs to leave the UK through the Port of Dover or the Channel Tunnel—together, the short straits—is significantly restricted.

In the instances to date when Operation Brock has been deployed, it has successfully managed to limit the effects of traffic disruption on freight traffic and other road users, both on the main motorway and local road network. We need to be able to continue to use Brock should cross-Channel disruption occur in future—for example, due to bad weather or industrial action. The existing legislation will expire at the end of the month and the amending orders seek to put it on a stable footing by removing the sunset clauses. Together they are a vital part of Operation Brock, as they provide the enforcement and the traffic restriction regime that underpins its operation.

By way of background, the legislation was first put in place in 2019 in preparation for a potential no-deal departure from the EU. It was updated in 2020 in preparation for the end of the EU transition period and once again in 2021 in response to the coronavirus pandemic.

The No. 1 2019 order provides powers to traffic officers to support Operation Brock and sets the amount of the financial penalty deposit for breaching restrictions created by the three orders. The amount of the deposit for breaching the restrictions introduced by the instruments is set at £300. The No. 1 amendment order removes the sunset clause and removes references to redundant offences from the Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order 2009 to reflect amendments made by the other amending orders.

The No. 2 2019 order restricts cross-Channel HCVs from using local roads in Kent other than those on the approved Operation Brock routes when Operation Brock is active. The amending order updates which roads are restricted and removes the sunset clause.

To complete the picture, the Heavy Commercial Vehicles in Kent (No. 3) Amendment (No. 2) Order 2021, which is subject to the negative procedure, will again remove the existing sunset clause provisions from the No. 3 2019 order. That order restricts access for cross-Channel HGVs to the motorways in Kent, including the contraflow on the M20 and use of the M2, when Operation Brock is active.

To summarise, these amending instruments continue the powers from the 2019 orders by removing the sunset clause. In doing so, Brock will be an available option for the Kent Resilience Forum to keep traffic moving to, from and through Kent. These orders remove the extraneous elements that are no longer needed—the provisions relating to the EU transition period and to the Covid-19 pandemic, which were intended to be temporary. We wanted to underpin the core enforcement and traffic restrictions of Brock for the longer term. These orders are of vital importance to allow sensible traffic management in Kent. Operation Brock has proven to be an efficient traffic management measure. I commend the orders to the Committee.

--- Later in debate ---

[Lord Rosser (Lab)]

Again, I too thank the Minister for her explanation of the purpose and content of the orders we are discussing.

The Department for Transport has said that Operation Brock was originally created to deal with disruption caused by our exit from the European Union and then in response to the Covid-19 pandemic. As I understand it, Operation Brock creates, among other measures, a contraflow road layout on the M20 and the setting up of concrete barriers so that lorries heading for mainland Europe can queue on the coast-bound carriageway if there are disruptions or delays at Dover or the Channel Tunnel. Any decision to put out or remove the concrete barriers involves the Government.

The Government now want to remove the sunset clauses from Operation Brock on the basis of the argument that this will mean the Kent Resilience Forum will be better prepared to respond to any type of traffic disruption in the area not related to our EU exit, including industrial action and severe weather. I do not know whether the industrial action reference is to possible action by heavy goods vehicle drivers, who have sought unsuccessfully to get a better deal following the Prime Minister’s assurance that they should be paid more.

This Government claim to be averse to ratcheting up regulation, yet here we have a regulation that was brought in on a temporary basis to address the chaos of the Prime Minister’s Brexit deal and his inadequate response to the Covid-19 pandemic—as set out in the recent joint report from two Commons Select Committees, both chaired by two of his own MPs—now being made permanent, despite the fact that the Government have removed most Covid restrictions and tell us that the PM’s Brexit deal has only upsides and no significant downsides. Can the Government explain why, if disruption at Dover and the Channel Tunnel from industrial action and severe weather is such a threat that these temporary orders must now be made permanent, it was not considered necessary to bring them in in the nine years from 2010 to 2019?

The striking thing about the two Explanatory Memoranda is that they offer no evidence or explanation why making these orders permanent is necessary or what the consequences, based on past experience, would be if the sunset clauses were applied to Operation Brock. In essence, the Explanatory Memoranda—and thus the Government—are saying that these powers would be nice to have in perpetuity, even though we have no clue how frequently and for how long they would be needed, even based on past experience. In the absence of any proper case being made, this appears to be an example of a government desire to have powers for the sake of it.

The other possible explanation for making these powers permanent is that the Government know that the Prime Minister’s Brexit deal has significant downsides and are expecting significant disruption or delays at Dover and the Channel Tunnel if relationships with the EU in general, and the French in particular, deteriorate still further. In that situation, the Government would attribute the need to make these orders permanent primarily to delays for some other reason—such as industrial action or severe weather—rather than admit that the Prime Minister’s brand of hard Brexit is not all sweetness and light for Britain. The Explanatory Memoranda slip in a reference in paragraph 8 to

“delays from customs checks at the international borders in Kent”,

which may refer to the continuing problems associated with the Prime Minister’s Brexit deal.

I ask the following questions, to which I would like a full government response, either today or subsequently. As far as I can see, although I may be wrong, none of these questions is addressed in the Explanatory Memorandum. First, what happened before Operation Brock when there were delays at Dover and the Channel Tunnel unrelated to our EU exit or Covid? Once again, if those delays were so bad that the Operation Brock powers now need to be made permanent, why did the Government allow that position to continue for nine years from 2010?

Secondly, on how many occasions since 2010 has disruption caused by severe weather been such that Operation Brock would actually have been brought into operation, and for how long, had the now proposed permanent powers been available?

Thirdly, on how many occasions since 2010 has disruption caused by industrial action been such that Operation Brock would actually have been brought into operation, and for how long, had the now-proposed permanent powers been available?

Fourthly—as the noble Baroness, Lady Randerson, asked—on how many separate occasions since the present regulations first came into effect has Operation Brock been brought into operation in full, for what reason, and for how long on each occasion? As has been said, we have not had an evaluation of the effectiveness or otherwise of Operation Brock to date, yet these powers are being made permanent.

Fifthly, what is the cost of building and removing on each occasion the Operation Brock contraflow barriers on the M20? Have there been any occasions when the barriers have been put up and then removed without being used?

Sixthly, how many additional traffic officers have already been required in connection with Operation Brock and it being brought into effect, and how many will be required if the sunset clauses are removed and the order becomes permanent?

My seventh question relates to the Explanatory Memoranda, which refer to a national consultation between 26 May and 20 June this year, and say that key affected stakeholders in Kent were

“made aware of the consultation when it launched”,

whatever that phrase means in practice. We are then told, as has already been pointed out, that the consultation received 14 responses, which the Government admit was “low”, but that it included “members of the public”. Has any other national consultation received just 14 responses? Were the views of local residents actively sought? In some quarters, Operation Brock has proved controversial, with complaints from some local residents affected about disruption caused during work to install the required infrastructure.

I hope that the Government in their response will, not only today but subsequently, provide answers to the questions that I and others have raised, but also provide a rather better argued case than is contained in the Explanatory Memoranda as to why this order must now become permanent, contrary to what we had been told would be the case up to now. Clearly, something of some significance must have happened or come to light, which could not have been known or appreciated before, to justify the Government’s change of mind over bringing into effect the sunset clauses. We are entitled to be told exactly what that something is and the detailed case for the Government’s U-turn over the sunset clauses. I await the Government’s response.

[Baroness Vere of Norbiton (Con)]

My Lords, I thank all noble Lords for their considered contributions today. I hope to put their minds at rest—but also I shall write, because I do not quite have all the answers to the questions. That always annoys me a bit, but I shall do my best.

Briefly, I would like to take noble Lords back, although I am afraid that my memory is a bit dodgy, to what is probably just over 10 years ago, when I remember spending many hours with my children in a hot car in Kent trying to get across the short straits. It was dire. I sat on a local road in Kent for hours. I think it was due to industrial action—it was a sunny day, so it probably was not bad weather. But we know that, when there is disruption at the short straits, Kent stops. What we are trying to put in place today is something to help the people of Kent. I shall endeavour to set out the rationale behind that and how the interventions that we have put in place to deal with a potential no-deal exit and Covid turned out to be good things—progress, so to speak. That progress should be grasped on this occasion, and not left to rot.

Looking at where we are, the whole point of these regulations is to put in place a permanent framework around a temporary traffic management solution. My noble friend Lord Naseby asked whether it had been successful. I would say that the proof of that is in the pudding. It has been successful; we have not had great big tailbacks in Kent. We also know that it is more effective than the previous intervention, Operation Stack, which really did not go down very well with the local community.

The whole point of Operation Brock is that it allows HCV drivers to be stationed on the M20 and stops them rat-running through local roads and blocking them, as happened on my very unfortunate journey many years ago. It will only ever be used in the event of significant disruption at the short-strait crossings. The noble Lord, Lord Rosser, read an awful lot into that, which I am afraid is simply not there. All sorts of things could cause disruption at the short straits. The whole point of what we are trying to do today is that, if there is any disruption, the county of Kent does not come to a standstill, because that is not good for people trying to cross the short straits and certainly not good for the people of Kent.

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[Baroness Vere of Norbiton (Con)]

To return to discussing the Operation Brock traffic management scheme, maybe I can take noble Lords back, not as far as previously but just a couple of years, to when we bought the quick movable barrier. This was an opportunistic purchase; someone came along and said, “Oh look, there is a machine that you can store on the side of the M20 and can quickly put out these blocks.” Previously we had put up a metal barrier that had taken a very long time to put in, and when it was in then it was in and you could not take it back down again. It caused massive amounts of disruption.

The whole point of the QMB was that it was an opportunistic purchase, because the technology became available, and we realised that it would work incredibly well in Kent and form part of Operation Brock. That is why we went ahead and did it. This is one of those things that sometimes happen when you have to reach out for solutions, and one becomes available that actually looks good for the longer term. That is just what has happened in this case.

As noble Lords will know, when we put out the QMB, it allows HCVs either to use the coastbound section of the M20 in free flow or to be controlled using a traffic light system at the front of the queue to split the port of Dover and Eurotunnel traffic. It basically organises all the freight movements going through Kent. What we propose is that, when Operation Brock is in place, those HCVs are not drifting around the local roads of Kent, blocking people’s driveways and stopping them doing their day-to-day business.

The noble Lord, Lord Rosser, asked about the cost of the QMB, and I am happy that I have the answer for him today. The estimates for the ongoing resourcing of the QMB, when implemented over a six-month period, are £9.5 million and £5 million for National Highways and Kent County Council respectively. The cost of deploying and removing the QMB for an incident are in the order of £200,000.

What is the current status of the QMB and Operation Brock—how many times we used it and so on—so far? Noble Lords will recall that the closure of the border by the French Government towards the end of last year caused vast amounts of chaos for the traffic in Kent, although that was somewhat improved by the fact that we had Operation Brock, and so on. So we deployed the QMB going into the start of 2021, and we stood it down in April. It was deployed for a further couple of weeks in July when we felt that there may be delays, not at our border but potentially in leaving the country because of the checks at the French border.

Operation Brock is not currently deployed, so the moveable barrier is stored quite nicely all along the side of the M20. It just sits there, not doing anything. There are no obligations on hauliers—nothing happens at all. I point out to the noble Baroness, Lady Randerson, who seemed to be under the impression that there is some sort of Kent access permit that will still be in place, that there will not be—it will be taken away. If I am a local haulier, the only bureaucracy I am seeing from this is that I should speak to my local county council to get the pass that I will need to make sure that I am not stuck in Brock queues—we would not want that to happen. They will probably do that, because it is definitely in their interests to do so. If I am a haulier travelling around the UK, I will want to know whether Brock is in operation. The haulage grapevine works incredibly well, but even if it does not, the national highways VMS—variable messaging systems—would say “Operation Brock is currently in operation”. All hauliers know what Operation Brock is; there is no confusion whatever in that regard.

What is the alternative if we do not take these powers? I sense that there is a feeling that there is a bit of power mission creep here. We have this lovely QMB, which we purchased because it was a good opportunity to purchase good technology. The alternative is for us to put the QMB in place and have no powers of enforcement whatever, which would be slightly pointless. We need to continue to make sure that if a pesky haulier decides to wander into the local roads of Kent, which would be very bad for the local people, the Kent Police can go to that haulier and say, “Excuse me, Madame”—or Monsieur—“where are you going?” If they say, “I’m going to the short straits” and they are not where they should be, they will get a £300 fine. That is exactly what these powers are designed to do. If we do not have them, we cannot do that. We could put in the QMB, and you could say, “You have to come back to Parliament and ask for the powers then”. Neither I, we or the people of Kent have time for that. It is therefore important that we have all these things in place just in case they are needed. Of course I hope that they will never be needed, but you know what? There will be disruption due to bad weather; we will probably need it, and it is good that we have it.

My noble friend Lord Naseby asked whether this had been successful in the past. The proof of the pudding in this is how effective enforcement has been in the past, when we have had to use these regulations owing to EU exit or Covid reasons. When the Kent access permit was mandatory, in the three-and-a-half-month period from 1 January to 19 April, which was the period in 2021 I talked about, there were 2,174 offences, each carrying a £300 penalty. As of 31 August, 2,129 of those had been paid. That is, 98% of those fines were paid, which is good: £638,000 of fines were collected. This is good for the people of Kent.

We asked the hauliers, and not that many people responded. That does not surprise me at all, because I should imagine that they know what Operation Brock is, and it is good for them that there is a sensible system of queuing. However, I will provide more in-depth information if I have it about what people said in their response. We received feedback from local residents. There was an open consultation in summer 2021, and we sought the views of local residents and received and considered a number of responses. I do not know how many, so I will check and write to the noble Lord on that.

On the removal of the sunset clause, I thank the SLSC for its work on this, but I was a little concerned by it saying that this would mean

“making Operation Brock permanently available”.

That is a good thing; I think the people of Kent would think that a good thing. It would mean that Operation Brock was permanently available, but not permanently in place. It would be in place only in those periods when, otherwise, Kent would literally come to a standstill. We looked at where we were with the legislation and decided that we did not need sunset clauses. We can of course come back to the legislation at any point in the future—for example, in five years’ time, if we are fortunate enough still to be here—and a discussion can be had. If we have not used Operation Brock in all that time and it is asked why we have all these powers, maybe at that stage we can have that discussion, but I do not think it worth while having it now, because we need the powers to make sure that the system works as effectively as it should. Given that there is no time-limiting factor on any potential cause or reason for using Operation Brock, there seems to be no reason for a sunset clause.

I hope that I have put noble Lords’ minds at rest. I am very focused on the people of Kent and their amenity to use their local roads, as well as on the hauliers, so that they can get from A to B as efficiently and effectively as possible. I know that noble Lords have some reservations, so I shall write with further details to try to reassure them. In the meantime, I commend the regulations to the Committee.

Motion agreed.

Heavy Commercial Vehicles in Kent (No. 2) (Amendment) Order 2021

Baroness Vere of Norbiton Excerpts

Tuesday 19th October 2021 Grand Committee

Moved by

[Baroness Vere of Norbiton]

That the Grand Committee do consider the Heavy Commercial Vehicles in Kent (No. 2) (Amendment) Order 2021.

Motion agreed.

Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2021

Baroness Vere of Norbiton Excerpts

Tuesday 14th September 2021 Grand Committee

Moved by

[Baroness Vere of Norbiton]

That the Grand Committee do consider the Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2021

Relevant document: Instrument not yet reported by the Joint Committee on Statutory Instruments

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

My Lords, these draft regulations are necessary because of the ongoing need to reduce pollutant emissions from the maritime sector, to protect public health and the environment. The regulations do this by amending regulations in the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008, which I will refer to as the 2008 regulation, in order that our domestic legislation is aligned with the latest international limits and standards for sulphur and nitrogen dioxide emissions.

The international requirements are set out in annexe VI of the International Convention for the Prevention of Pollution from Ships 1973, also known as the MARPOL Convention. These changes limit the amount of sulphur in marine fuels that are used or intended for use by ships to 0.5% by mass or less. They also require that new ships and new engines be certified to meet the latest NOx emission standards, both globally and when ships operate inside waters which have been designated as an emission control area by the International Maritime Organization.

At this stage, the MARPOL Convention refers to four regions which have enhanced ECA protection status: the North Sea, including the English Channel; the Baltic Sea; North America, which includes both the east and west coasts of the United States and Canada; and the US Caribbean. Ships operating in an ECA must not use fuel which exceeds 0.1% sulphur unless they are using an abatement technology. New ships must also comply with a stricter NOx tier 3 standard. New ECAs could be introduced in future. The Mediterranean is being considered for one and the Government have agreed to consult on a possible ECA for the Irish Sea.

The regulations also enable UK ship inspectors to enforce these new limits more effectively on foreign-flagged vessels calling at UK ports. Currently, under port state control regulations, ship inspectors from the Maritime and Coastguard Agency can apply limited sanctions on ships calling at UK ports for an offence. These include recording a deficiency against the ship, temporarily detaining the vessel or ordering the ship to debunker—empty its fuel tanks—if the ship is using non-compliant fuel, after which access to UK ports and anchorages may be denied if there is evidence of significant non-compliance. These sanctions can be applied to ships only when in port or at anchor.

The new instrument will allow ship inspectors to use the criminal justice system to impose fines on offenders. This is in line with our current approach to other marine pollution offences. The ability to impose fines would be an important deterrent for all foreign-registered vessels within UK waters, whether in transit, in port or at anchor, particularly those that would consider risking non-compliance to reduce costs without the threat of financial penalties. However, I stress that compliance with maritime environmental rules is the norm. Enforcement action by the MCA through the courts is extremely rare and would be funded through existing resources if it were to occur.

The regulations also include an ambulatory reference provision, which will automatically update references in the 2008 regulations to provisions of the convention and its annexes. This implements a key industry request from the Red Tape Challenge, which enables some amendments to international requirements to be transposed into domestic law more rapidly and efficiently than was possible previously. An amendment that is accepted will be publicised in advance of its coming-into-force date by means of a Statement to both Houses of Parliament. However, the ambulatory reference provision is limited. Substantial changes, such as implementing a new chapter into MARPOL annexe VI, would still need to be implemented by statutory instrument.

The regulations also amend obsolete sulphur limits for marine fuels used by ships, which were made under Section 2(2) of the European Communities Act 1972. Specifically, the new regulations remove references to the 1% sulphur limit for ships operating inside an ECA and the 3.5% sulphur limit for ships operating outside an ECA. Of course, these have been superseded by the stricter 0.1% and 0.5% sulphur limits respectively. The new regulations also remove references in the 2008 regulations to a 1.5% sulphur limit which applied to passenger ships operating outside an ECA. Again, this has been superseded because, like all vessels, passenger ships outside an ECA are now subject to the stricter 0.5% sulphur limit.

While it is important to remove obsolete requirements from our domestic legislation that were introduced under Section 2(2) of the European Communities Act, the draft regulations retain others which are still pertinent. For example, they do not amend the requirement for ships to use 0.1% sulphur fuel when at berth in a UK port, which was introduced using Section 2(2) powers in the European Communities Act.

I am sure noble Lords would agree that maintaining the highest standards of environmental protection is vital for public health. It is therefore important that we continue to implement the latest international standards to control ship emissions and have an effective enforcement regime in place. The Government have made it clear that air quality is one of our top priorities. These regulations help deliver on the commitments made in Maritime 2050, published in 2019, and our route map for sustainable maritime transport, the clean maritime plan. It is important for the health of our coastal communities and port cities that we reduce emissions from the shipping industry, and that we ensure we can strongly and visibly enforce the standards we agree at the International Maritime Organization. I commend these regulations to the Committee.

[Baroness Randerson (LD)]

My Lords, I thank the Minister for her very clear introduction. I have no criticism of the regulations themselves, but I want to concentrate on the backlog of maritime legislation within the department and its impact on the sector. I am very grateful to the Secondary Legislation Scrutiny Committee. It has repeatedly drawn attention to this problem, which has existed since 2016. Since then there have been five separate updates to MARPOL, to which the Minister referred. I believe the department still needs to implement over 40 changes to maritime legislation. These regulations, although very welcome, are very late as well.

The Department for Transport says that it has not prioritised this raft of legislation because operators tend to comply with IMO regulatory requirements as ships cross international boundaries all the time. That statement is contradicted by the Government’s own Explanatory Memorandum, which states that the ability of inspectors to sanction non-compliant ships will be very limited until these regulations come into force.

My real concern is the vagueness of all this, so can the Minister provide us with a lot more detail? First, on the simple numbers, the SLSC was told that, of the 40-plus backlog, 10 have now been made, 10—including this one—are in the final stages, and another eight are in the very final stages of preparation and anticipated to be introduced in the 2022-23 Session. The remainder are at an earlier stage of development and are anticipated to be complete by the end of 2023. This is far too slow and could mean that some legislation has been delayed for seven years.

Can the Minister explain exactly how many pieces of legislation are in that final slow lane and why they have been placed there? I realise it is far too much to ask for this to be done here, but could she write to us with a list of all the pieces of legislation in this backlog and say which pieces are in which category? The original DfT target to deal with this backlog was 2020, so why has it lapsed so badly?

I realise that the pandemic has affected everything, but in itself that is not a sufficient excuse, because the pandemic goes back only some 18 months and this backlog goes back to 2016. It must be seen in the context of other delays in DfT legislation. We are in a position where we need more legislation on EVs, driverless cars and other key areas of transport development. A major question must be why the department does not devote more resource to keeping up with modern transport developments. I agree with the committee, which labels the number of delayed pieces of legislation “highly disturbing”.

This is not just a numbers game. Let us look at the implication of these pieces of legislation. Many of them, like this one, have environmental implications. This one concerns sulphur oxide and nitrogen oxide and is about reducing air pollution; it is another example of a Government who talk tough on pollution but fail to deliver on the crucial detail. We must remember that this is about the health and working conditions of sailors as well as the overall state of our planet. Working conditions for many in the maritime sector are often very poor. Many are subject to exploitation and they are certainly often overlooked. We owe it to them to ensure that the UK upholds the highest standards.

This is London International Shipping Week, and I note that the industry has committed itself this week to zero carbon by 2050. It certainly needs the Government to do a great deal more to support it in achieving that. So although these regulations are welcome as far as they go, I would like to see much more from the Government to demonstrate that they are serious about tackling emissions from ships because of the impact on ships’ crews, cruise passengers and dockyard workers, as well as on our planet.

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[Lord Tunnicliffe (Lab)]

My Lords, I welcome the introduction of these regulations to implement the standards of the International Maritime Organization to limit air pollution emissions from ships. The specific provisions relating to sulphur and nitrogen oxide have been in place globally for some time, and the decision to transfer them to domestic statute should benefit our natural environment and health. With that said, these regulations must be paired with an overarching approach to air pollution that recognises the value of making maritime cleaner but also includes steps to limit emissions from other modes of transport.

I turn to the specific regulations, which relate to an international agreement from 2008. Why has it taken 13 years for that agreement to be implemented? Given that the Explanatory Memorandum suggests that consultation took place only during the drafting of the international agreement, can the Minister explain what steps the Government have taken to ensure that the maritime industry is aware of these regulations now being implemented? On a related note, can the Minister confirm whether the Government have made an estimate of how many ships in UK waters do not currently meet the provisions of this legislation?

Regarding the Government’s broader approach to maritime pollution, and given that it is now more than two years since the Government’s clean maritime plan, can the Minister confirm whether the UK is on track to zero-emissions shipping by 2050? What steps are the Government taking to meet the ambition for all new vessels to have zero-emissions capabilities by 2025?

Finally, on the wider question of air quality, the Government’s transport decarbonisation plan published in July showed that they are still stalling when it comes to the tough decisions on transport emissions. There have been no sectoral deals with conditions on climate action. There have been deep cuts to electric vehicle grants. No serious steps have been taken to encourage people on to rail through cheaper fares. I welcome the legislation and any other steps that would improve air quality, but if the Government are committed to this principle they need to do much more to support cleaner transport.

[Baroness Vere of Norbiton (Con)]

I thank all noble Lords for their contributions to this short debate. I appreciate their support—if occasional qualification thereof—for these regulations. The problems really lie in matters beyond these regulations, which I think make sense to the Committee. I shall cover a few things that were mentioned, and I shall start off by outlining a bit more of the context. Air quality is one of our top priorities. That is what these draft regulations do, although to a certain extent they are belt and braces; they fill in some of the gaps in the regulatory framework and enforcement regime that exist in a more global fashion for the shipping industry as a whole.

Maritime pollution emissions are very important. As noted by the noble Lord, Lord Greenway, in 2016 domestic shipping—shipping specifically within the UK—accounted for 11% of the UK’s domestic NOx emissions, 2% of PM2.5 and 7% of sulphur dioxide. That is quite a significant proportion for an industry that is fairly small—but, as the noble Lord, Lord Greenway, pointed out, incredibly important. The department is working closely with Defra to develop more detailed information on emissions from shipping in order to assess the impact of air pollution prevention measures implemented since the comprehensive study carried out in 2016. In addition, international shipping emissions are significantly greater and have a significant impact on air quality in the UK, from ships both in shipping lanes and while they are at UK ports.

The Government recognise that pollutant emissions from international shipping have an impact on public health and the local environment. Our national targets for air quality include this impact. We work incredibly closely with the International Maritime Organization to address pollutant emissions by UK-flagged vessels and those within UK waters, as well as globally.

Reductions in air pollutant levels are closely linked to reductions in levels of greenhouse gases, as noted by the noble Lord, Lord Tunnicliffe, and the noble Baroness, Lady Randerson. As they will both know, the Government remain fully committed to our 2050 net-zero target for domestic shipping. This is designed to address both greenhouse gases and pollutant emissions from shipping. Just earlier this week, we announced that we will push for zero-emissions targets for international shipping, to challenge the international community collectively to deliver a Paris-compliant outcome when the IMO renegotiates its strategy for climate change in 2023.

Furthermore, we have continued to make good progress on the commitments we set out in the clean maritime plan, which was published in 2019, that by 2025 all new vessels for use in UK waters are going to be designed with zero-emissions capabilities and that by 2035 zero-emission maritime fuel infrastructure, known as bunkering, is widely available across the UK. We are doing this by providing £1.4 million-worth of funding for a competition for innovation in clean maritime. We have established the marine emissions reduction advisory service as a function of the MCA’s future technologies team, undertaking research, considering the role of maritime clusters in delivering clean innovation and growth and exploring the inclusion of the maritime elements in the renewable transport fuel obligation as part of a public consultation.

Building on the clean maritime plan, the Prime Minister’s 10-point plan in November 2020 announced up to £20 million for a clean maritime demonstration competition to develop clean maritime technologies. If we know one thing from the excellent speech from the noble Lord, Lord Greenway, it is that at the moment we are not quite sure what technology will win out in shipping. It is one of those areas that would be harder to reach by battery electric and therefore we need to look at other alternatives, whether that be low-carbon fuels or hydrogen combustion engines. It could be all sorts of different things, and that is why the Government are very much focused on what we can do to support the market to develop the solutions and then be able to support those which are most appropriate for commercialisation.

Turning to some of the issues in the regulations themselves, I think it was the noble Lord, Lord Tunnicliffe, who asked how many ships this would cover in the UK—the UK-owned ships. I do not have that information, but I can say that the additional cost to UK-owned ships that operate only domestically is estimated to be around £2 million a year following the introduction of these regulations. I will see if I can find out more information as to what that would mean per vessel.

In terms of engagement with the industry, the department discussed the draft regulations with the UK Chamber of Shipping and fuel suppliers to consider the impact. We did not carry out a formal consultation on the draft regulations. As the noble Lord, Lord Greenway, pointed out, the measures were well-known within the maritime and fuel supply sectors so there is nothing novel about the implementation of international requirements. It should also be noted, of course, that these regulations were published in draft back at the end of May because they are part of the enhanced security arrangements relating to amendments made to legislation under Section 22 of the European Communities Act. We had no feedback at all from industry stakeholders on the documents following publication, therefore we were reassured that industry fully understood what was coming down the track.

Turning to the point raised by the noble Baroness, Lady Randerson, we will take this on the chin. We recognise that there is an issue here and we will work very closely with the Secondary Legislation Scrutiny Committee to keep it updated with our backlog of legislation. We thank it for its work and for working with us on this. Minister Courts, the Maritime Minister, wrote to the committee on 5 July. I am sure the noble Baroness will have seen the letter. I have various lists of Sis, but I do not think it will be helpful if I read them all out. I might try to put it all in a letter afterwards. The latest stats I have are that there are 43 maritime statutory instruments to be delivered. We are prioritising those that are safety critical or that implement the IMO standards. We have done 13 to date. We have another nine for completion between now and early 2022 and then 21 instruments in 2022 and 2023. I think we can probably do better than that. I also happen to know that the SLSC has been back in touch with the DfT—and rightly so—to have yet another conversation with us about our legislative programme. We will, of course, be as open as we can. We are doing our best to prioritise legal resources. I am going to be honest with noble Lords that legal resources are stretched across government at the moment. It is not just a DfT issue, and we obviously have to work within what we have.

I will not say more on enforcement now; I would rather write, because what I have pretty much says what I said in my opening speech, and I am not entirely sure about this. However, I will go back and look at Hansard to see whether we can provide more information about specific things relating to enforcement and the gaps we are filling in.

It has been a pleasure to be back in real life discussing SIs in the Moses Room—I have missed it. It is also apt that we are having this debate during London International Shipping Week. I know that the noble Lord was a bit of a Debbie Downer on the role of the UK in international shipping, but I have to say that London International Shipping Week is an amazing event. We are able to bring together some of the leading people from the sector. I, for one, feel that the last one I was at, two years ago, was a great success, and I am sure that this one will be too. However, back on the regulations for the time being, once again, I commend them to the Committee.

Motion agreed.

Transport: Hydrogen

Baroness Vere of Norbiton Excerpts

Monday 13th September 2021 Lords Chamber

[Lord Rooker]

To ask Her Majesty’s Government what assessment they have made of the potential of (1) hydrogen fuel cell vehicles, and (2) internal combustion engines fuelled by hydrogen, as alternatives to battery-powered electric vehicles.

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

My Lords, the Government’s recently published hydrogen strategy and transport decarbonisation plan both make clear that hydrogen has a key role to play in decarbonising transport, particularly in areas where batteries cannot reach. Our support is therefore focused on the use of hydrogen in heavier road vehicles, such as trucks, buses and coaches, as well as in rail, ships and planes.

[Lord Rooker (Lab)]

My Lords, I thank the Minister for her Answer, but are the Government looking at an alternative to the rush to battery-powered cars—in particular, to avoid range anxiety and electricity overload? Can the excellent government hydrogen strategy be used to avoid putting all our eggs in one technical basket, so that zero emissions need not, as Jeremy Clarkson pointed out recently, lead to the end of the internal combustion engine? Finally, will the HydroFLEX train developed by Birmingham University be used at COP 26, and how about a flight for the key leaders at COP 26 in the ZeroAvia commercial aircraft developed at Cheltenham airport?

--- Later in debate ---

[Baroness Vere of Norbiton (Con)]

The noble Lord is certainly making the most of his Question today. It is important to say that the Government are not putting all our eggs in a single zero-emission basket. We take a technologically neutral approach to meeting our ambitions —we are not outcome-neutral, of course: the end goal must be zero emissions from the tailpipe—and therefore many of our programmes invest in both electric and hydrogen systems. For example, the £23 million Hydrogen for Transport programme is funding the deployment of about 300 hydrogen vehicles and six new refuelling stations.

Turning to the noble Lord’s question on HydroFLEX, Network Rail has been working with Porterhouse, a British company, alongside the University of Birmingham, and the HydroFLEX train will be on show at COP 26; indeed, it will be running daily on a loop out of Glasgow Central.

[Lord Bamford (Con)]

My Lords, I refer the House to my entry in the register. Also, my son, Jo, is chairman of Ryze Hydrogen, a green hydrogen business. The UK Hydrogen Strategy recognises that the hydrogen combustion engine could play a key role in decarbonisation. This is most welcome. My noble friend will be aware of my company’s prototype JCB machines, which are powered, with zero emissions, by hydrogen combustion engines. However, unlike hydrogen-powered cars or diesel-powered machines, those hydrogen-powered machines are not licensed to travel to and from job sites on the public highway. Indeed, the same applies to hydrogen farm tractors. What steps are being taken by Her Majesty’s Government to rectify that situation?

[Baroness Vere of Norbiton (Con)]

I congratulate my noble friend and his company on their world-beating innovation, and I look forward to visiting his facility soon to see it in action. My department is working very quickly to update our regulations to create GB type approval schemes for all types of vehicles and engines following our exit from the European Union. The first step along that road will be a consultation to be published in the autumn. However, in some circumstances, it can be possible to grant a vehicle special order to provide some access to roads. I am happy to look into that further.

[Baroness Meacher (CB)]

My Lords, the UK Hydrogen Strategy and transport decarbonisation plan both highlight the potential for hydrogen and electric aviation. Given that the UK is truly a leader in the world in this technology, can the Minister set out what steps the Government are taking to accelerate the R&D of that technology in the UK and what consideration she has given to airports acting as hydrogen hubs to generate and support more UK-manufactured hydrogen vehicles, planes and ships?

[Baroness Vere of Norbiton (Con)]

The noble Baroness is quite right: aviation is one of the modes that we think will have a great future in using hydrogen for propulsion. She mentioned airports, and I know that work is being done on whether some of the tenders used at airports can be switched to hydrogen. Obviously, a significant amount of torque is needed to drag planes across the tarmac. She will know that we consulted over the summer on jet zero as a whole. We anticipate that many of the responses will cover hydrogen. We will be collating those responses and looking at them in detail, but I reassure her that significant funding is going into R&D for many sources, be that for planes or the vehicles in airports.

[Viscount Hanworth (Lab)]

Britain has three major manufacturers producing zero-emission buses, including hydrogen fuel cell buses. If those manufacturers are to be able to compete in international markets, they need the stimulus of a large domestic market. The Scottish SNP-Green alliance has proposed a target to scrap half of Scotland’s diesel buses by 2023, to be replaced by zero-emission buses. Would Her Majesty’s Government consider pursuing a similar objective throughout the UK by mandating local authorities and bus companies to purchase zero-emission vehicles?

[Baroness Vere of Norbiton (Con)]

I could happily spend many hours answering that question, but I will not on this occasion. The Government have a target of supporting 4,000 zero-emission buses by the end of this Parliament, and we are about to start a further consultation on the phase-out date for new diesel buses. We are investing £120 million in the ZEBRA scheme—the Zero Emission Bus Regional Areas scheme—which does precisely what the noble Lord is asking: it encourages local authorities and the bus operators in their area to switch over from diesel buses to either battery electric or hydrogen fuel cell buses.

[Baroness Randerson (LD)]

It costs around £1 million to install a hydrogen delivery system, so at this stage, at least, the Government need to encourage companies that run fleets of vehicles—not necessarily just heavy vehicles—to utilise hydrogen. What are the Government doing to incentivise and encourage companies that run vehicle fleets to take up this option for zero emissions?

[Baroness Vere of Norbiton (Con)]

Actually, the focus at the moment is on making sure we have the right data and information from R&D to further develop and commercialise large-scale hydrogen refuelling systems. I mentioned previously the £23 million Hydrogen for Transport programme, which is looking at refuelling infrastructure alongside the vehicles themselves. We also have the zero-emission road freight trials, which are trialling hydrogen among a group of vehicles—it is not only about the infrastructure but about making sure that the range is appropriate for the vehicle in which it is going to be used.

[Lord Rosser (Lab)]

The Minister has made reference to rail and funding. Trains powered by hydrogen are already in traffic in Germany, and successful trials have been undertaken in at least four other mainland European countries. What are the Government’s objectives, and what are the timescales for that funding for the development and introduction of hydrogen trains in the UK?

--- Later in debate ---

[Baroness Vere of Norbiton (Con)]

The Government have invested £4 million through Innovate UK’s “first of a kind” competition for new traction technologies for hydrogen and rail. We have funded both hydrogen fuel cells and hydrogen combustion-engine alternatives for rail. The timeline for introduction is unclear at the moment because it depends on wider considerations re electrification, but we know that the Network Rail-led transport decarbonisation network strategy estimated that possibly around 10% of non-electrified tracks might be better used with hydrogen for propulsion.

[The Earl of Shrewsbury (Con)]

My Lords, I declare an interest as a member of the APPG on Hydrogen. Does my noble friend agree that it is most encouraging to see that momentum is building across industry, both in the UK and overseas, to develop engine-based solutions using hydrogen? Will Her Majesty’s Government commit to supporting UK engine manufacturers to further explore the potential for this technology, thus creating considerable numbers of jobs to bolster our economy?

[Baroness Vere of Norbiton (Con)]

I absolutely agree with my noble friend, and that is precisely what we are doing with these many different pots of money, which are either modal focused or net-zero focused as a whole in terms of developing ways forward for all types of use of hydrogen. Another example is the £14.6 million that we have funded jointly with industry on a project to develop a combustion engine to cater for medium and heavy-duty commercial vehicles. This project is led by Cummins, and it is really good that we have the private sector involved. It is forecast to save 17.1 million tonnes of carbon dioxide.

[Lord Oates (LD)]

My Lords, does the Minister recognise that there will not be sufficient hydrogen to fuel heavy transport vehicles, let alone private cars, unless we accelerate the production of hydrogen through attracting more private capital into the sector? Will the Government incentivise such investment by revising the renewable transport fuel obligation to cover all green hydrogen, not just that connected directly to a renewable generator?

[Baroness Vere of Norbiton (Con)]

Yes, the Government will. The Department for Transport consulted earlier this year on measures to make the supply of renewable hydrogen into transport more cost-effective within the RTFO. We will publish a response on this consultation. I have to say to the noble Lord that I do not think that is going to be enough. We will be focused on the generation of both blue and green hydrogen. As he will know from the hydrogen strategy, the Government will be consulting on hydrogen business models and the net-zero hydrogen fund so we can figure out how we are going to unlock the greatest amount of private investment using the £240 million the Government will invest.

[The Deputy Speaker (Lord Haskel) (Lab)]

My Lords, the time allowed for this Question has elapsed.