Railways (Safety, Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations 2019

Debate between Baroness Vere of Norbiton and Lord Rosser

Wednesday 30th October 2019 Grand Committee

[Lord Rosser (Lab)]

My Lords, I too thank the Minister for explaining the content and purpose of this draft statutory instrument, which relates to a no-deal scenario. I also thank the Minister and her officials for the meeting yesterday. I do not think that anything I am going to say will come entirely as a surprise to the Minister and I am afraid that I will repeat some of the points made by the noble Baroness, Lady Randerson.

I have a number of questions about the content of the Explanatory Memorandum, some of which will, no doubt, relate to issues about which I am still not entirely clear. First, how does an EU portable Part A safety certificate currently differ from a Part A safety certificate from the Office of Rail and Road, if at all, and how will they differ in the future? When introducing this SI, the Minister said that the two-year period to which this SI relates,

“provides an appropriate amount of time in which industry can prepare and align themselves with the Great British domestic certification regime”,

before going on to talk about it giving Great Britain “appropriate control”. In the light of that comment about giving time for the industry to prepare and align itself with the British domestic certification regime, what will the industry have to do in the two-year period to achieve that preparation and alignment with the British domestic certification regime? What actions will it have to take, because there has been talk of there being similarity between the two? It would be helpful if that comment could be clarified; it was also made by the Transport Minister in the Commons when the SI was debated there. I am not entirely clear about what the industry will have to do in that two-year period to prepare and to align itself with the domestic certification regime.

Will operators of services travelling from mainland Europe to the UK require both a UK Part A safety certificate and a Part A certificate issued in an EU member state? Clarification on that point would be helpful. Will a mainland Europe operator with a Part A certificate issued in an EU member state have to acquire a UK Part A safety certificate before bidding for a rail franchise, or will it have to acquire such a certificate only if it is successful in its franchise bid?

What is the position for a train operator in Northern Ireland? What Part A certificate will it require? Will it be a UK one or an EU member state one? Paragraph 4.1 of the Explanatory Memorandum, headed “Extent and Territorial Application”, suggests that, in Northern Ireland, an operator will have an EU member state-issued Part A safety certificate because, as I understand it, it is not covered by the part of the SI that relates to the Part A safety certificates. Once again, some clarification of that issue would be extremely helpful.

In addition, if an operator in Northern Ireland has an EU member state-issued Part A safety certificate, who will issue it and who has issued the current Part A safety certificate? Who has issued the current one and who will issue a future one if the train operator in Northern Ireland had an EU member state Part A certificate rather than one issued by the Office of Rail and Road?

I want to make two points on the Explanatory Memorandum, one of which is exactly the one made by the noble Baroness, Lady Randerson, about paragraph 2.5. I know that I am repeating what has already been said but, to recap, it states:

“The UK notified the Commission on 29 November 2018 that it intended to transpose the recast Railway Safety Directive by the later permitted transposition deadline of June 2020, though this will depend on the nature of Brexit on 31 October 2019”.


My question is slightly different from that posed by the noble Baroness and is simply to ask what the current position is on transposing the recast directive. Since the memorandum refers to it being dependent on the nature of Brexit, how will the nature of Brexit affect the transposition?

Finally, paragraph 2.11 of the Explanatory Memorandum states that, once the UK has left the EU:

“There will be an opportunity for the UK to shape its own railway to meet the needs of our passengers and freight shippers”.


What will we be able to do in the future to shape our own railway that the Government are in effect saying we cannot do at the moment under the present arrangements? I am not entirely clear on the answer to that question.

[Baroness Vere of Norbiton]

I thank the noble Baroness, Lady Randerson, and the noble Lord, Lord Rosser, for this short debate on the SI before us. A number of issues have been raised and I look forward to trying to answer as many questions as possible. As ever, I will write if I miss out anything.

As I would expect from a leading Liberal Democrat, we heard the usual question: “What happens if we don’t leave the EU?” It is quite right for the noble Baroness to pose that question. That is obviously not government policy, so not a huge amount of work has gone into it—but the noble Baroness will know that, in the event that the UK does not leave the EU, all the work that we in government are doing at the moment on no-deal preparations, including these SIs, could be revoked. The SIs would simply fall away.

The noble Baroness, Lady Randerson, and the noble Lord, Lord Rosser, asked about the recast of our safety directive. That point is very important and is in flow at the moment; we will certainly need to consider it at some point next year. The recast Directive (EU) 2016/798 on rail safety repeals and replaces the previous rail safety directive, and forms the basis of the regulations that we currently have in place. The key aims of the new directive are: to streamline the application process for rail vehicle authorisations and safety certificates through a single EU one-stop shop; to achieve consistency of regulatory approach between national safety authorities; to achieve much clearer alignment with the European Union Agency for Railways; and to progressively eliminate technical and operational differences between member states’ railways, including through the gradual elimination of national safety rules.

As noble Lords mentioned, the UK has applied for an extension to be in place until 16 June 2020, which has been agreed. Regarding the terms of our departure, if we are in an implementation period at that stage, the recast safety directive will be brought into our legislative framework. I suspect that, if we are still in our positions, we will be back in place to debate it at that time. If there is no deal, the Government of the day can look at the changes that have happened in Europe and decide whether to bring those changes into UK legislation. If the directive is implemented in whole or in part, a consultation with industry will take place, as with any new legislation. Officials have already done much of the work to ensure that the directive could be implemented if it is necessary and desirable.

Moving on to the ORR and its ability to charge a fee, the instrument makes fixes to EU tertiary legislation that allows the ORR to charge a fee. It was clear that the ORR wants to retain that fee-charging ability should it need to in future; essentially, we are retaining the status quo. However, the ORR has advised that it does not currently charge a fee in its role in determining applications for access to the rail network but that it wishes to retain the ability to charge a fee should it need to—which is the status quo. However, if a fee were to be charged in future, it would be subject to consultation with the industry.

The noble Baroness, Lady Randerson, also mentioned the “made affirmative” procedure and asked whether it was still appropriate for this instrument to be brought through your Lordships’ House under that procedure. I suspect that it is. The debate taking place today is happening prior to the date on which a no-deal exit would otherwise have happened. Therefore, the significant difference between the “made affirmative” procedure and the normal affirmative procedure is not substantial in this case. Had we done it the other way, we may well have had the debate on the same day—but it was absolutely clear to us that we needed to make sure, had this debate not been able to be scheduled, for example, that certainty would be available to the industry. That is why we used the “made affirmative” procedure. We could have gone back and withdrawn the SI, then tabled it again under the new procedure—but, in practical terms, I am not sure that it would have made any real difference.

The noble Lord, Lord Rosser, brought up the subject of safety certificates in future and asked whether there would be divergence. We may want to diverge in future; one of the benefits of Brexit is being able to take control of the sorts of regulatory systems that we might find beneficial. Safety has always been a priority for this Government and for Governments before us, and it may be that, in future, we diverge from the EU in certain areas with regard to the safety framework. We are definitely not going to lower our safety standards, but we might do things differently. But things may change and, in future, EU operators wishing to operate in the UK will have to get a safety certificate from the UK, and that will be under the new regime. Obviously, this would have to go through your Lordships’ House and there are many steps to be taken in that process.

--- Later in debate ---

[Lord Rosser]

Paragraph 2.11 of the Explanatory Memorandum states that,

“once the UK has left the EU we will have the flexibility to diverge from EU rail law where it is in the UK’s interest to do so, whilst maintaining our excellent safety record. There will be an opportunity for the UK to shape its own railway to meet the needs of our passengers and freight shippers”.

The inference is that we do not have that opportunity under the current arrangements. What are these opportunities to shape our own railway to meet the needs of our passengers and freight shippers that we do not have at the moment because of current arrangements?

Also, on the bit about alignment with the British domestic certification regime, I think that was something the noble Baroness the Minister said in her introduction, but it was certainly something the Minister of State said when this matter was being discussed in the House of Commons. Those were the words he used—so it is hardly the Explanatory Memorandum; it was actually what the Minister said when he referred to,

“an appropriate amount of time for the industry to prepare and align itself”,

with what he described as,

“the Great British domestic certification regime”.—[Official Report, Commons, 21/10/19; col. 4.]

I get the impression from the Minister’s answer on behalf of the Government that maybe that was some slightly flowery wording and perhaps he got a bit carried away with himself.

[Baroness Vere of Norbiton]

I could not possibly comment on the words of my honourable friend in the other place, and I will go no further on that, but if I can shed any light, I will happily write to the noble Lord.

The words missing from the Explanatory Memorandum are “future needs”. Needs that might come to light will be in freight, for example. In my view, rail freight is an area where we should be looking to expand and improve the volume of goods that travel by rail. Improving gauge clearances or making all the other slight changes that one has to make to a railway to improve the ability of rail freight to, for example, get through tunnels, may have a knock-on impact on the safety certification. I do not know for sure, but these are the sorts of things that we will need to look at if we are to get more freight on to our railways. Therefore, we feel that, in future, divergence is a possibility. It is by no means a certainty. It would not happen without full consultation with the industry, and it would happen only if it is in the interests of the industry.

Electric Scooters

Debate between Baroness Vere of Norbiton and Lord Rosser

Tuesday 29th October 2019 Lords Chamber

[Baroness Vere of Norbiton]

I cannot guarantee for my noble friend that that issue will form part of this specific review because, as I said, it is about the future of mobility and urban strategy, and the micromobility types of transport that will come forward in future.

[Lord Rosser (Lab)]

Can the Minister tell us the extent to which people are being fined or charged for using an e-scooter contrary to the law? I ask that as one gets the impression, rightly or wrongly, that that is rarely the case. Are the Government of the view that it is probably better for such action not to be taken against those using e-scooters, pending the outcome of the review?

[Baroness Vere of Norbiton]

The noble Lord will know that enforcement is an operational matter for the police but I reassure him that over a one-week period in July, 100 people were stopped on the streets of London and were issued with fines; some of them had their e-scooters confiscated. I disagree with the noble Lord that, pending the regulatory review, we should not enforce. We do not know the outcome of the review; it is certainly our view at this time that we cannot guarantee that any changes to regulations will be made.

Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019

Debate between Baroness Vere of Norbiton and Lord Rosser

Monday 7th October 2019 Lords Chamber

[Lord Rosser (Lab)]

Once again, I thank the Minister for her explanation of the content of this SI, its purpose and objectives. As she said, it revokes and replaces an SI already passed by this House and it is necessary because the EU has revoked and replaced its own regulations on this issue. This SI makes the necessary changes to the new version of the EU regulations.

I, likewise, only have a couple of points to raise. The first relates to paragraph 7.8 in the Explanatory Memorandum, which says:

“In Regulation (EU) 2019/712, it is the Commission that both conducts the investigation and then, if appropriate, pursues redressive measures. The effect of the changes in this instrument is that the CAA will make a recommendation to the Secretary of State following its investigation, and the Secretary of State may then decide to adopt redressive measures. Such redressive measures will be adopted by regulations in a Statutory Instrument, subject to the affirmative procedure in Parliament”.


Does the reference to the regulations being adopted in a statutory instrument refer to the form that the redressive measures can take that will be adopted by an SI, or should the redressive measures be imposed in a particular case that will be adopted by the statutory instrument referred to in paragraph 7.8?

Secondly and finally, the “Consultation outcome” paragraph, paragraph 10.1, is not terribly specific about whether the consultation resulted in support from those consulted for this SI or not. For the purpose of clarity, will the Minister say whether any objections or issues were raised about this SI by the aviation industry, the travel industry and consumer representatives, or were they all happy with its content as it stands?

[Baroness Vere of Norbiton]

I thank both noble Lords for their contribution to this short debate. I hope I will be able to answer all the questions that have been raised. The noble Baroness, Lady Randerson, asked about the CAA. I agree with her—at the moment the CAA can do no wrong in my eyes, quite frankly. It brought our people home without fuss or nonsense and mostly without error—all credit to it for its work on Operation Matterhorn. However, it has the expertise in this area. It is a substantial organisation with a lot of people with expertise in a range of areas and it understands the air services markets particularly well.

The noble Baroness was concerned about resourcing. That is always my concern with the CAA as well. Section 11 of the Civil Aviation Act 1982 permits the CAA to make a scheme for determining charges. These charges would be met by those airlines that would be harmed by the anti-competitive practices. In essence, resources for the CAA would be met by those airlines that would be harmed by this action. Officials have worked very closely with the CAA in the development of this instrument and we believe it is content.

The Department for Transport might have a role in the investigatory stage. It will get involved only if it has the relevant expertise and, as importantly, only if its assistance is requested by the CAA. It is not as though the department will get in there and stick its nose in where it is not welcomed. We do not envisage a proactive role in the investigation. There will be a specific request. For example, sometimes the CAA can feel that it is more appropriate for the DfT to request information from third-party Governments. That sort of request comes better from the Government than from the CAA. But as I said, the department would very much be there in a supporting role.

I turn to the points made by the noble Lord, Lord Rosser, about the SIs that might be tabled in the unlikely event that the CAA recommends that redressive measures should be adopted. I point out to noble Lords that we do not expect that the provisions in this SI will be needed—it is very much a safety net just in case—but if that happens the Secretary of State will put forward regulations in the form of a draft statutory instrument. If there was one airline involved, it clearly would be a single airline instrument that would set out the redressive measures proposed. It would be up to Parliament to decide whether it was appropriate. If there are multiple airlines, they could be within the same SI or they might not be. It would really depend on the circumstances. As I said, it is slightly uncharted territory because these sorts of issues rarely get to the stage where one would use an SI such as this. Usually they would be sorted out in air services agreements much in advance of getting to this stage.

The noble Lord asked about the engagement we have had with industry stakeholders. I reassure him that we meet the aviation industry very frequently. Indeed, I was the Aviation Minister for a while and I had the honour of meeting the industry on many occasions. At each of the groups we had—for example, the round-table meetings we had on 18 February, 10 July and 16 September—we put forward where our future legislative programme might impact the industry to ensure it responds appropriately where it has concerns. I have to be frank: I have found the aviation industry to be extremely responsive. It is represented very well by various trade bodies. For that reason, we believe that there are no concerns, since none was raised with us.

I thank noble Lords for their consideration of these regulations.

Draft Heavy Commercial Vehicles in Kent (No. 1) Order 2019

Debate between Baroness Vere of Norbiton and Lord Rosser

Monday 7th October 2019 Lords Chamber

[Baroness Vere of Norbiton]

I am sorry if I phrased that incorrectly. I know that the noble Baroness welcomed the local consultation. The point I was trying to make is that this was more than the Government just going to Kent and saying, “What do you think of this?”. This was more about Kent saying, “Actually, given what happened with Operation Stack, we’d really like these powers, and if the Government could sort it for us, that would be great”. So that is what the Government are trying to do today. As has been mentioned by a number of noble Lords, these powers are available in the event that there is congestion at the border caused by a no-deal Brexit, but they can also be used for bad weather and/or industrial action.

The noble Viscount, Lord Hanworth, noted the use of Operation Stack in 2015. I, too, was unfortunate enough to drive through Kent at the time, and it was a nightmare. It caused great trouble, so we are well aware of the issues that can happen, and they do not have to be Brexit-related. Having said that, however, these powers are limited to 31 December 2020. That is right, in that we would not want to extend powers then leave them hanging for a long period of time if they are not needed in future. Certainly, should we or a Government in the future decide that they are useful and benefit the people of Kent, I would expect similar legislation to be passed again in future, once these powers have fallen away on 31 December 2020.

As I have mentioned, these powers are very much for the benefit of businesses, residents and people who—like me—travel through Kent. They are being made under a variety of different Acts, which is why—I am sure noble Lords understand—one is draft affirmative, one is made affirmative and one is negative. They stem from different parts of our legislative scope and the different things we have available to us. They are a series of instruments and will not come into effect without Parliament’s approval, so the negative does not come into effect on its own.

The noble Baroness, Lady Randerson, mentioned the SDOs and referred to three different sites. The SDOs are in place for Manston, which has been in place since January 2019; Ebbsfleet, which has been in place since September 2019 and will be used as an HMRC transit site; and Ashford, which has been in place since September 2019 and is an HMRC transit site and turnback site so that HGVs that arrival at Eurotunnel and are found to be not compliant will have somewhere they can go that will have facilities for them to try to get themselves compliant, so that they can be border-ready and can head across to the border.

The noble Baroness, Lady Randerson, and the noble Lord, Lord Rosser, mentioned empty lorries. These will be treated the same as other lorries. I will be honest with noble Lords: we looked at whether we could treat empty lorries separately, but there are various issues around, for example, packaging. Some packaging, although it is empty, must have the relevant certification with it because obviously there is no way of making sure that that packaging is empty. Therefore things such as beer kegs need some customs documentation. An empty lorry that does not carry beer kegs will not need it.

This brings us on to the general discussion about the documentation needed, who is checking it and how qualified these people are. There are levels—layers—to this entire system. The traffic officers, whether they be temporary or permanent, will look for the existence of certain documents. This is not a shadow French or EU customs operation; they are looking for the existence of the documents. If those documents exist, they assume that that HGV is compliant; it will get a permit and continue. They do not have to be experts. However, I take the point: training is under way and is being done in order that the traffic officers, whether permanent or temporary, recognise the documents that we will require when they get to the border.

The classes of documents we are looking for are fairly straightforward: for travel documents, it is a passport or ID card, and for customs, it is the movement reference number from two different types of document. Only in the case of phytosanitary certificates, export health certificates or export licences for chemicals and drugs will we look for additional documents. The training is under way and will continue. To do the checks, the traffic officers will have screens. It is done online. The software is translated into 11 different languages so that if the traffic officer speaks to somebody who does not speak English but perhaps speaks one of the languages in front of them, we can make sure that the person has the documents and can be on their way with a permit as quickly as possible. To help noble Lords’ understanding, the traffic officers are doing the checks; they are also responsible for traffic movements. We are looking to the police for enforcement, not checks, and to the DVSA, which has similar powers.

The noble Baroness, Lady Randerson, went on to talk about the contraflow. We are very seized of the issue that the contraflow brings to the M20. We completely understand that it is not a permanent solution. I can give the noble Baroness some hope. I have seen some proposals for what the permanent solution may be. We are getting to the bottom of them, and I very much hope that in the not too distant future we will be able to share with noble Lords what the permanent solution will be. I do not believe it will be as terrifying—as the noble Baroness mentioned—as driving down that stretch of the M20 can be at this moment in time.

Turning to the local lorries, I suppose there are two issues here. First, there are lorries that need to do a delivery or pick-up within Kent before they proceed to the border. I would expect them to have all the appropriate documents because they are heading to the border. In all this there is an overarching assessment of reasonableness. They should have the right sort of documents. We spoke to the Kent Resilience Forum about the other local lorries, and the police are well aware of the rat-runs that HGVs trying to get to the border might use. They know where people are going. They will not be covering every single road in Kent. Most of the local traders in Kent will be able to get from A to B with no trouble. Many noble Lords have recognised that a lot of these hauliers—well over 80% —will be operating businesses based out of the EU. I suggest to noble Lords that the number plate might be a bit of a giveaway anyway, but of course it is clearly not 100% fool-proof.

I turn to the impact assessment or lack thereof. A de minimis assessment was undertaken with these SIs about the actual or potential imposition of this contingency plan. We followed the approach agreed with Defra advice. The more general issue of potential disruption in Kent in the event of no deal has been assessed by the Kent Resilience Forum with input from the border delivery group and DfT.

I turn to points raised by the noble Lord, Lord Rosser. I have what I hope are some helpful numbers that will put his mind at rest about the additional staff. If operational, it is true that this will need a significant number, but remember that these powers are only needed if Operation Brock is in. We are probably looking at 125 temporary traffic officers. They will do the traffic checks on the M20 and will be on three-month contracts extendable by three months. We will be looking at about 130 DVSA enforcement staff, 60 of whom will come from outside Kent. There will 120 Highways England traffic officers. There will be 350 police officers, 160 of whom will come from outside Kent, given the very well understood structures that exist for when police forces need to help one another. Any deployment from outside the Kent area will be time limited. Appropriate arrangements will be put in place to ensure that roles are covered as people move to different responsibilities.

[Lord Rosser]

The Minister made reference to 125 traffic officers and three-month contracts that could be extended. Does that indicate that problems may arise immediately after 31 October that the Government think will diminish—not disappear—sufficiently over the three-month period so as to not need 125 traffic officers?

--- Later in debate ---

[Lord Rosser]

I appreciate that the Minister has not had a chance to get around to answering this point. I am sure that there are a number of areas that unions representing drivers will be interested in. I am sure that they would be interested if it turned out that the working time directive went for a fourpenny one—to use that expression—immediately the severe disruption powers were activated. If the Government’s answer is that that will be the situation, have the trade unions been advised of that?

[Baroness Vere of Norbiton]

It is not the Government’s intention to suspend the regulations on drivers’ hours or any other regulations around working time. We would do it only if we needed to. The noble Lord asked whether they had been suspended before; I am not aware that they have been. I think the issue arises where the rest times for hauliers are often required to be spent outside of the cab et cetera. When they are in a long queue of trucks that is not moving, they will have the opportunity to get out of their cab—although I understand that it might be winter and they may not want to.

[Lord Rosser]

The context in which I asked whether the powers had been used before—bearing in mind that there is now a reference to severe weather or industrial actions—was about whether they had been used in the context of severe weather or industrial action. If they have not, the power in these SIs is not related purely to Brexit; it is, in fact, a new provision being brought in. In other words, you can use these powers if you want to, in relation to severe weather or industrial action. I do not think that the Minister understands my point. The Government have said that these powers to suspend the working time directive have not been used before. But we have a reference here to the possibility of them being suspended in relation to severe weather or industrial action—which is not something necessarily related to Brexit.

[Baroness Vere of Norbiton]

I am doing my best, but I might have to go back through Hansard to try to understand the noble Lord’s exact point. To my mind there are two separate issues here. The first is whether these powers—the operation block enforcement powers—can be used in circumstances of industrial action or severe weather: yes, they can. Secondly, and entirely separately, there is the issue that we might get to whereby drivers’ hours or working time directive regulations might need to be suspended. We do not want that to happen, obviously. I thought that the noble Lord had asked whether that had happened before; I am not aware that is has and will have to write to the noble Lord on that. In doing so, I will ask whether those circumstances arose.

I believe that I have covered as much as I am able to today. I will certainly go back through the notes—

Railways: Trans-Pennine Freight

Debate between Baroness Vere of Norbiton and Lord Rosser

Monday 7th October 2019 Lords Chamber

[Baroness Vere of Norbiton]

We are deeply aware that there are a number of freight routes for rail and are doing what we can to improve their usage. For example, I am not sure whether the noble Lord is aware of the W7A gauge clearance project, which is going on at the moment. We are building a business case with industry to develop a W7A gauge clearance which would run along the trans-Pennine rail route via Huddersfield and Stalybridge. I hope that meets with his approval. If there is a positive business case, we will proceed with it forthwith; it could be in place by late 2020.

[Lord Rosser (Lab)]

My Lords, capacity for rail freight is a key priority. Will the Government show that through an undertaking that that they will give the same priority, with the same timescales, to increasing capacity for rail freight across the Pennines as they say that they intend to do for rail passenger traffic across the Pennines?

[Baroness Vere of Norbiton]

I thank the noble Lord for his question but, of course, it is not either/or; the two must be developed together. We often end up looking at a single mode for freight; what we must do is look at all the options, which will include road and, obviously, rail. But he brings up an important point. We will look very closely at cross-modal freight across the country in a strategy for the future starting this autumn.

Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019

Debate between Baroness Vere of Norbiton and Lord Rosser

Thursday 26th September 2019 Lords Chamber

[Lord Rosser (Lab)]

I once again thank the Minister for explaining the purpose and effect of these regulations. As has been said, the obligations and requirements in relation to the construction, installation, use, testing and control of tachographs are set out in EU Regulation 165/2014, with the enforcement provisions for these obligations and requirements in the Transport Act 1968 and subsequent regulations made under those provisions.

EU Regulation 165/2014 also provided for detailed provisions relating to new smart tachographs, to be set out in further implementing Acts. Those implementing Acts were adopted via Commission implementation regulation, which came into force on 2 March 2016 and provided for the new smart tachograph requirements to apply in respect of relevant vehicles first registered in member states from 15 June 2019.

As the Minister said, in domestic law, where a vehicle is required to be fitted with a tachograph, that tachograph must have been installed, comply with or be used in accordance with EU Regulation 165/2014, with a person using a vehicle in breach of any one of those requirements having committed an offence. As has been said, these provisions need to be updated so that they may also apply to breaches of the new smart tachograph requirements applicable from 15 June 2019.

I want to raise one query, which may show that I have not really understood the regulations particularly well. Why was this SI not approved prior to 15 June 2019? If the new smart tachograph requirements apply in respect of relevant vehicles first registered in member states from 15 June 2019, and we have not had the enforcement mechanism, does that mean that it has not been possible to take action for breaches of these new smart tachograph requirements in respect of such vehicles in this country? Have I understood that correctly? Could vehicles registered in this country have breached those requirements because the powers were not there to do anything about them? Is that what this is saying, or have I misunderstood, which I accept is quite possible? I would be grateful if the Minister could clear that one up. Obviously, it would be fairly significant if we had been unable to take action in respect of certain vehicles because this SI was not brought forward in time. As I said, I may have misunderstood the documentation that we received.

I also have a couple of other points. In the event of these arrangements coming in, what additional resources, if any, will be provided by the Government to ensure that the new regulations in relation to smart tachographs are actually followed? Will there be a need for additional resources? After Brexit, if the EU expands the types of vehicle that must be fitted with tachographs, will the Government follow suit and adopt those changes to EU regulations?

On my final point, and once again, my information may prove wide of the mark, I understand that the new smart tachographs can communicate remotely with roadside enforcement officers. Has the Driver and Vehicle Standards Agency developed the technology required to remotely monitor data gathered by smart tachographs? I ask that because there are suggestions—I choose that word specifically—that the DVSA has not developed this technology. If that is the case, what is the point of smart tachographs if we do not have the technology to collect the data they create?

[Baroness Vere of Norbiton]

I thank both noble Lords for their contributions today. The noble Lord, Lord Teverson, mentioned wax cylinders, which was very interesting; I did not know that they were used in that way. Obviously, tachographs nowadays are incredibly smart and can link into the transport system. They can tell people where vehicles are at any time.

They will make a difference to road safety in our system. The noble Lord also raised the question of standards and whether the Government intend to change the standards for drivers’ hours. We have no intention of changing those standards; we have some of the safest roads in the world and we wish to keep it that way. We believe that we are in a good position at the moment. I take his point about the new type of delivery vehicles that we see, often delivering from companies such as Amazon. There has been an explosive increase in those. We have no plans to introduce tachographs into those vehicles at the current time, because they would significantly increase the weight range of the vehicles covered. However, we are of course working with the employers to do what we can to make sure that those drivers not only have good working conditions but are encouraged to keep the roads safe.

I turn to the points raised by the noble Lord, Lord Rosser, about the timing and powers and whether we have been able to enforce them. This is quite an interesting situation, in that when the European Union introduced this requirement, there was some suggestion that the date might be delayed, as a number of other EU member states and trade associations wanted a delay. They chose not to delay it in the end, but one issue that has now arisen is that there is a supply shortage of these new smart tachographs. This has happened all across the European Union and, therefore, the reality is that not a huge number of these things have been able to be installed because they have not been available. Apparently, there is just one company that makes one component for these tachographs.

What the UK has done is to say that new vehicles that are first registered from 15 June may use the old tachographs. An old tachograph can be put into the vehicle and then, when the new ones are available, they will go in. This has had the effect that the majority of newly registered vehicles still have the traditional—though I assume they are not that traditional—tachographs and these will be switched out when the new ones become available.

I accept that there has been a delay in the timing, which has been caused by the uncertainty over the start date of 15 June and the legal background and context of the SI taking some time to sort out. I reassure the noble Lord that the main reason for these tachographs is drivers’ hours, which are covered under other regulations. The deficiency of powers in this instrument relates simply to not having the new tachographs properly fitted, sealed and calibrated—they have to be calibrated every two years—and using print-out paper that is not approved. Those are the powers that we have not had but will have when this SI has been made. However, we are able to enforce the more significant power on the drivers’ hours as it is.

[Lord Rosser]

Is the Minister saying that we could have vehicles that have been first registered since 15 June that only have or choose to operate the new smart tachograph requirements and that, until now, we have not had any statutory means of enforcing the regulations because this SI had not yet been put before Parliament? I appreciate that the noble Baroness has said that the numbers will be very small, but am I right in saying that there could be vehicles running around with the new smart tachographs for which powers do not exist to enforce the requirements, because this has been delayed?

[Baroness Vere of Norbiton]

There are certain powers that the Government hope to have, after this SI has been made, which we will then be able to use but the reality is that we are talking about very few tachographs. The second issue is that if the DVSA picks up a contravention, it is unlikely to be much broader in terms of the drivers’ hours. There will be reasons for that. The contraventions that the new powers give us are relatively minor, compared to the really significant ones on drivers’ hours contraventions. I will admit to the noble Lord that there are deficiencies in powers, which is what we are trying to rectify today. However, we already have the most significant powers anyway, and it is unlikely that any particular vehicle would be doing just one of these things. It would probably be doing a number of them, otherwise why would they bother not to have it fitted properly unless they were trying to do something untoward?

The noble Lord, Lord Rosser, mentioned resources. In our opinion, it is likely that no additional resources will be needed on the introduction of these new powers as they will be included in the checks which the DVSA already carries out. It does hundreds of thousands of checks a year; I think it is 200,000. It is incredibly busy in looking at HGVs and making sure that everything is appropriate. The noble Lord also mentioned the technology to monitor the data from the new smart tachographs. Unfortunately, I do not have that information but I will write to him shortly after this debate and give him what information I am able to.

High Speed Rail (West Midlands–Crewe) Bill

Debate between Baroness Vere of Norbiton and Lord Rosser

2nd reading (Hansard): House of Lords
Monday 9th September 2019 Lords Chamber

[Baroness Vere of Norbiton]

I thank all noble Lords who have taken part in this wide-ranging debate. I am heartened by the amount of support that this project still has across the Chamber. I recognise that I will never be able to make my noble friend Lord Framlingham happy on this one. I will work on the noble Baroness, Lady Jones, and might get there in the end—we are going to keep trying, because it is a very important project.

The noble Baroness, Lady Kramer, made some particularly important points about these large critical infrastructure projects and the difficulties this country faces in the way that we are set up and do our budgeting, scheduling and timetabling. Certainly, over the longer term some changes will probably happen in those areas. It is the same in rail as in roads, as mentioned by the noble Lord, Lord Birt, who spoke about roads being vital. As Roads Minister I completely agree with him. The Government are committing vast sums of money to improvements in both roads and rail, which are absolutely essential. The next RIS2 will have £25.3 billion to spend. On rail, we are spending £48 billion in the next control period, which is significantly more than we have spent on our railways for a very long time.

I agree with the noble Lord, Lord Adonis, that this has pretty much always been about capacity—it just happens to be called High Speed 2. If I could have one wish in my life, it would be to change the name of this project. Calling it High Speed 2 has caused so many problems. It is a high-speed railway, I completely get that, but it is about capacity. Although it might be possible to slow down the railway, as the noble Baroness, Lady Young of Old Scone, suggested, that would cut capacity. However, that is one of things that the Oakervee review will look at.

The noble Lord, Lord Rosser, stated that this project was transformative and mentioned many other times when Members both in the other place and in this House, from the Government and beyond, talked about its transformative nature. It is very difficult to disagree, but “transformative” can mean many different things. We must be absolutely clear—this is what Oakervee will do—that the benefits and costs are appropriate for this project. That is the reason for the review.

[Lord Rosser]

Can I take it then, in the light of that comment, that the Government are not prepared to rule out this project being cancelled?

[Baroness Vere of Norbiton]

The Prime Minister has been very clear that nothing has been taken off the table. Imagine if the numbers came out as £100 billion to build it with benefits of only £50 billion. The noble Lord might have a slight problem with saying yes to a project with numbers like that. We know that things are under review, but we have also seen the report from Allan Cook—

[Lord Rosser]

I would agree, if we were faced with figures such as those which appeared to completely change the situation, but I imagine that if we reached that stage there would be an immediate inquiry into how the original figures were ever produced.

[Baroness Vere of Norbiton]

That may well be the case, but we are now talking about hypotheticals, so I suggest that we wait until the review has finished and look at its conclusions in the context of the report from Allan Cook. The Government will make a decision at that time.

I turn to the comment of the noble Lord, Lord Birt, about why we do not have a long-term railway strategy. That is exactly what we are doing at the moment with the Williams rail review, which is looking at the status of the rail network and the service operators to see whether and how we can improve the system for the future.

I turn to some of the more specific points raised by noble Lords. There was a bit of discussion around investment in the north and how important it is; that was brought up by the noble Lord, Lord Wallace of Saltaire, and the noble Baroness, Lady Randerson. It is of course absolutely critical, as the Government recognise. Northern Powerhouse Rail could be transformative for the north, but probably not in isolation. It needs to be part of a larger project, which is why the Government are supporting Transport for the North to develop the options for Northern Powerhouse Rail. We committed £60 million at the spending review in 2015 and £37 million in 2018, which is on top of the £300 million we have committed to make sure that HS2 infrastructure accommodates a future Northern Powerhouse Rail and Midlands services. Therefore it is part of a bigger project, and other developments are certainly being included.

On the Oakervee review and accountability, I have already mentioned that costs, timescales and benefits will all be tied up in the review. The noble Lord, Lord Tunnicliffe, spoke about accountability and HS2. I refer him to a comment made by my colleague the Transport Secretary, who was very clear that he wanted us to be as transparent as possible. That includes on costs and schedule, which is why we published the Cook report. The noble Baroness, Lady Kramer, raised that as well. Therefore, there will be more transparency and accountability. We are not minded to introduce quarterly reporting on HS2 at the moment, as it already provides reports to Parliament, as required by the framework document, and we believe that that level is proportionate and sufficient. Of course, noble Lords may request debates on HS2 at any time.

The noble Lord, Lord Adonis, claimed that it was a bit left hand/right hand, given my opening remarks and the fact that we are having a review. However, I do not see it like that. The process for HS2 is positive, and the review we are having is a sensible reconsideration of the facts. A sensible reconsideration should never be confused for a lack of support.

A number of noble Lords mentioned whether work should continue during the Oakervee review. Certainly, the Prime Minister was very clear that the fact that we are having a review should not unnecessarily delay the progress of HS2. That would be wrong, and it would mean that costs would rise. That is why limited enabling works are being undertaken by HS2, and why your Lordships are being asked to consider phase—

Egypt: Suspension of Flights

Debate between Baroness Vere of Norbiton and Lord Rosser

Monday 22nd July 2019 Lords Chamber

[Baroness Vere of Norbiton]

This is an operational matter for BA. It has taken the measures it has as a precaution, and it is up to it to decide how it operates. I am happy to confirm to the noble Baroness the travel advice currently on the Foreign and Commonwealth Office website, which has not substantively changed. While it does not advise against travel to or from Cairo Airport, it reminds visitors that:

“Terrorists in Egypt likely maintain the intent and capability to target aviation. The greatest threat is on the Sinai Peninsula where Daesh operate with greater freedom, but terrorists are active in Mainland Egypt, including Cairo”.

[Lord Rosser (Lab)]

In the light of the Government’s answer—that it is British Airways’ own decision to do this, based, presumably, on its information and intelligence—have the Government contacted British Airways to ask what information it has that has led it to this decision?

[Baroness Vere of Norbiton]

I am reluctant to go into great detail about security matters but I can assure the noble Lord that the Government remain in close contact with all UK airlines about security matters that could affect their operations. We are also in contact with our partners around the world, as appropriate.

[Baroness Vere of Norbiton]

I thank my noble friend for his observation; I know that he speaks with great experience. It is entirely reasonable for individual airlines to make appropriate operational decisions. In the case of British Airways, it has taken the decision that it has as a precautionary measure.

[Lord Rosser]

I do not wish to upset the noble Lord, Lord Tebbit, but I do not think that I have challenged the right of British Airways to make this decision or said that it may not be an entirely sensible one. But clearly, if the Government have some idea as to why BA has made this decision, why are they not advising other airlines flying direct from Britain to Cairo to take similar action in respect of their flights?

[Baroness Vere of Norbiton]

I am sure the noble Lord will understand that I cannot go into much further detail about the security information, where it might have come from and who might have had it, whether that is airlines or nation states. Suffice it to say that we maintain a good and open relationship with all UK airlines and they are able to make their own operational decisions.

Buses: Rural Services

Debate between Baroness Vere of Norbiton and Lord Rosser

Tuesday 16th July 2019 Lords Chamber

[Baroness Vere of Norbiton]

I quite agree with the noble Lord that we need new thinking in this area. It is not just about money; this Government are supporting road passenger transport 12% more in real terms than the last Labour Government. It is about being innovative. The noble Lord was right to name a number of schemes, and I would be grateful to receive more information on them. Schemes that we are already looking at include demand-responsive transport, whereby people in isolated areas can, either on their smartphone or using their traditional phone, call up and get transport to services they need.

[Lord Rosser (Lab)]

My Lords, across England as a whole the number of bus passenger journeys is falling, even though the population is increasing. Last year, the Campaign for Better Transport published a report drawing attention to the crisis in rural transport due to bus cuts and shrinking transport networks, which were leaving people unable to access jobs and creating increasingly congested roads. One of the Campaign for Better Transport’s recommendations was that there should be long-term, ring-fenced, central government funding for rural local authorities to improve, and not just maintain, public transport. Do the Government agree with that recommendation? If so, how much new, additional money do they think local authorities in rural areas alone would need per year to deliver that recommendation?

[Baroness Vere of Norbiton]

The noble Lord is right that the number of trips on buses is declining, although they represent 55% of all journeys on public transport. But it is also the case that the total number of trips taken by individuals is declining, and therefore the share of trips on buses has remained around about the same. To go back to the noble Lord’s point about funding, the Government are providing ring-fenced funding where it is needed. For example, we have provided £43 million of ring-fenced funding, which is paid to operators to support less viable services within their communities. We have also provided £65 million of rural services delivery grant, because we recognise that providing services in rural areas is more difficult.

Railways: Newcastle and Edinburgh

Debate between Baroness Vere of Norbiton and Lord Rosser

Monday 24th June 2019 Lords Chamber

[Baroness Vere of Norbiton]

It is the Government’s policy that trains should operate as safely as possible, and certainly it will be necessary to have a guard on board some services. However, on shorter routes it is not necessary to have a guard. Having a train driver who is also responsible for opening and closing the doors is perfectly acceptable.

[Lord Rosser (Lab)]

My Lords, I think that the noble Baroness referred to more open access services coming up. I think she said that they would be operated by FirstGroup, but if I misheard her, I am sure that she will correct me. Does that mean that the Government already know that the Williams review, which is currently looking at the structure of the industry, will advocate the increased or continuing use of open access, which suggests that the noble Baroness already knows what the response of the Williams review on that point is going to be?

[Baroness Vere of Norbiton]

We do not know what the Williams review is going to say on that or indeed any other point, but it will be a root-and-branch review of the entire system so that we can create a railway system fit for the 21st century and build up a blueprint of how our future on the railway will look. The review will look at reforms to the structure of the industry as well as to the commercial model within which it operates. Some 600 responses have been made to the call for evidence, so noble Lords will understand that it will take quite a while to go through them all. As regards the new services on the east coast main line, that was an open process conducted between 2014 and 2015. The operator has been granted track access rights from 2021 to operate those services.

Brexit: European Union’s No-deal Continuity Arrangements

Debate between Baroness Vere of Norbiton and Lord Rosser

Thursday 13th June 2019 Lords Chamber

[Baroness Vere of Norbiton]

The noble Lord is right in that the mini-deals make any potential exit from the EU without a deal less difficult. But they are, as I have said, time-limited and there will need to be further negotiations when they expire. With regard to Dover, the Government are working to enable cross-channel traffic and goods to continue to move as freely as possible. Government departments have designed customs and additional control arrangements at the UK border, in a way which ensures that goods will be able to flow into and out of the country, and will not be delayed by additional controls. It is true that on the other side of the channel, the French customs authorities have pulled their finger out and installed additional control points. These mean that delays on this side of the channel will be less; however, they will not disappear completely and we therefore cannot expect trade to continue precisely as it did before.

[Lord Rosser (Lab)]

What will be the consequences for air and road haulage traffic between the UK and the EU under no deal if further arrangements beyond the time-limited period are not agreed with the EU, perhaps because we have, for example, declined to pay the £39 billion currently provided for on our departure from the EU?

[Baroness Vere of Norbiton]

The noble Lord is quite right that there are multiple mini-deals. They expire at different times and we will look to the EU to extend them. It is in the EU’s gift to decide whether to extend them, as it is in our gift to decide whether to reciprocate. Any elements of the arrangements surrounding our withdrawal will, I believe, impact on our ability to negotiate these agreements.

Bus Services

Debate between Baroness Vere of Norbiton and Lord Rosser

Tuesday 4th June 2019 Lords Chamber

[Baroness Vere of Norbiton]

My Lords, I do not think that cancelling all road-building schemes would be beneficial to buses. One of the biggest barriers to entry for bus usage, which was identified by the Transport Select Committee is reliability, and reliability is a function of congestion. For example, the Government are investing £2 billion in the Transforming Cities Fund. What these funds are trying to do with the six metro mayors and other city regions is to ease congestion, put in bus prioritisation schemes and make sure that the buses connect with other forms of transport. Cutting road building would not be beneficial but there is money available for people to improve their local infrastructure.

[Lord Rosser (Lab)]

With eight areas in Wiltshire having breached harmful nitrogen dioxide levels, last week the Gazette and Herald local newspaper carried an editorial headed “More buses key to beating fumes”. It stated:

“Priority must be given to the pollution caused by heavy traffic”,


before concluding:

“A good start would be to ensure public transport is improved to such an extent that thousands upon thousands of private cars are left at home when they would otherwise have been belching fumes and contributing to an environmental disaster”.


In the light of the reduction by 46%, or £171 million, in spending by local authorities in England on supported bus services since 2010-11, with over 3,000 routes being reduced, altered or withdrawn largely as a result of the severe government squeeze on local authority finances, do the Government now agree with the Wiltshire Gazette and Herald editorial on the need to ensure that public transport is improved for environmental reasons?

[Baroness Vere of Norbiton]

I agree with the noble Lord that public transport needs to be improved for environmental reasons. That is why we need to take a cross-modal approach and look at all possible ways of improving it. He mentioned the environment, and we are cleaning up our bus services. Since 2010, we have committed £240 million to replace or upgrade buses—that is, 7,000 cleaner buses. At the moment, local authorities that have not succeeded in this have access to specific funds to make sure that they can get their dirty buses off the road and replace them with cleaner buses. Nowadays, nearly one in five buses is a low-emission vehicle.

Connecting Europe Facility (Revocation) (EU Exit) Regulations 2019

Debate between Baroness Vere of Norbiton and Lord Rosser

Monday 20th May 2019 Lords Chamber

[Lord Rosser (Lab)]

The Connecting Europe Facility for transport, or CEF, aims to support investments in building new transport infrastructure projects in Europe or in refurbishing and upgrading existing ones. On departure from the EU, CEF funding that has previously been agreed by or on behalf of the EU Commission for us may not be paid out if a withdrawal agreement is not in place. This statutory instrument gives the Secretary of State the power to make good any shortfall in funding encountered by UK participants.

I too have a few questions. When will we know whether CEF funding previously agreed will or will not be withdrawn, and will we have any influence over that decision or is it one purely for the EU Commission? Will the decision be a blanket one, or on a project-by-project basis? As of today, how many CEF-funded projects, and what are those projects, are potentially at risk of having their previously agreed funding not paid as a result of our withdrawal from the EU? What is the total amount of funding to UK participants that is potentially at risk in this way, and in respect of which the Government would have to make up that shortfall? Will the Government provide sufficient money to complete a CEF-funded project, and from which budget would that government money come? Can the Government give an assurance that it would not come out of the Department for Transport budget?

Paragraph 2.3 of the Explanatory Memorandum states:

“In response to concerns raised, the Government has removed from the instrument the provisions that would revoke the TEN-T Regulation and the European Rail Network for Competitive Freight Regulation while it responds to the concerns raised”.


What were those concerns raised, and by whom? Paragraph 6.3 of the Explanatory Memorandum states:

“Grants are applied for in semi-annual calls for funding and applications are made direct to the Commission. The UK Government has a limited role in the application process, but no role in the decisions on whether or not to grant funding to specific projects”.


Can the Government confirm that this situation applies to the present circumstances rather than following departure from the EU with or without a deal? If that is correct, why do the UK Government have only a limited role in the application process and no role in the decisions? Finally, paragraph 7.2 of the EM states at the end of the paragraph:

“Correcting these deficiencies would require the UK to set up an enforcement mechanism (including a process for agreeing exemptions) for EU imposed standards over which the UK would have no control”.


Can the Government say how extensive or elaborate this enforcement mechanism would have to be, who would be responsible for it, and how much it would cost per annum?

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

I thank all noble Lords who took part in the debate, which has been short but good. I was doing very well, but, unfortunately, I missed that last question, so I will definitely have to write on it, and that will be supplemented by anything else that I am not able to cover this evening.

The SI that we are discussing today, as many noble Lords noted, was prepared to enable the continuation of funding to UK organisations involved in trans-European network projects in the event the UK leaves the EU without a withdrawal agreement in place.

I will give a tiny bit of further background to the statutory instrument. It revokes regulation 1316/2013 on the Connecting Europe Facility—the CEF regulation. The Connecting Europe Facility is an EU funding programme to support the development of trans-European infrastructure networks for transport, energy and telecommunications. The CEF regulation sets out the conditions, methods and procedures for providing for EU funding for projects relating to the three trans-European networks. It also establishes the amounts of funding available for the period of the 2014-2020 multiannual financial framework.

The first question for the Government in considering how to handle this regulation was whether we needed to retain it in UK law. As the CEF regulation deals with internal EU mechanisms, it will be redundant and will serve no purpose as retained EU law under Section 3 of the European Union (Withdrawal) Act 2018. This instrument therefore revokes the CEF regulation, as well as the Commission delegated regulation 2016/1649 which supplements it.

The second question for the Government was how to address the implications for the funding of TENs projects in the UK. It is possible that projects that have been awarded funding from the EU budget will still be due money, which may not be paid, or may not be paid immediately, by the EU in the event of a no-deal exit. In 2016, the Government announced a guarantee that projects in the UK granted EU funding before exit would continue to receive funding from the Exchequer if the EU payments they would have received were not made. This guarantee was extended in July 2018 to cover successful applications for EU funding until the end of 2020. The guarantee ensures that UK organisations such as charities, businesses and universities continue to receive funding over a project’s lifetime if they successfully bid into EU programmes before the end of 2020.

A number of noble Lords asked how much funding we are talking about. The amount for the 2014-20 period is €345 million. I believe that there are 44 live projects—I will happily provide a list of them—23 of which are completed but may not have received their final amounts, 20 of which are in process and one of which will continue after 2020.

That brings me to another important point. As the noble Lord, Lord Teverson, brought up, the guarantee extends to projects that have been successfully bid for before 2020. The funding will then continue; providing that the project has been bid for, it will get the money.

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

Debate between Baroness Vere of Norbiton and Lord Rosser

Monday 13th May 2019 Lords Chamber

[Baroness Vere of Norbiton]

I thank the noble Baroness, Lady Randerson, and the noble Lord, Lord Rosser, for their comments and for agreeing to meet me before discussing the regulations today. That was extremely helpful. Some of the issues I knew would come up; others, not so much. If I do not respond to all of them, I shall of course write.

I share the regret of the noble Baroness, Lady Randerson, that there is no functioning Northern Ireland Executive; I think that we all hope that one will be in place as soon as possible. A theme raised by both the noble Baroness and the noble Lord was the timing of the SIs and why noble Lords are here today to discuss them under the “made affirmative”, or urgent, procedure.

As has been pointed out by a number of people, these SIs are quite complex, particularly in terms of the legislation relating to Northern Ireland. It took a while to make sure that they were right. The noble Baroness said that Northern Ireland deserves better; I would say that actually it deserves the best. We wanted to make sure that the complexities surrounding these issues were absolutely nailed down before we laid the regulations. Timing was slightly against us—but, then again, the regulations were laid as negative; we did not expect them to be upgraded to affirmative. When they were upgraded and we looked at the parliamentary timetable, we realised that there might not have been time from that point until 29 March—there could have been time, but, as noble Lords will know, a number of committees need to consider these things—and decided that the best way forward was to lay the instruments as “made affirmative”. The noble Baroness was right to say that it is unusual, but it is not unique—I am sure that many noble Lords were here for the two debates preceding this one; they, too, were for “made affirmative” SIs. There were a number of SIs which, as we approached exit day, it was necessary to consider within the “made affirmative” procedure.

The noble Lord, Lord Rosser, asked me about 28 days—it is indeed 28 sitting days.

[Lord Rosser]

The Minister says quite rightly that the regulations are complex, but this is not the first set of complex regulations that has appeared from a department. Neither surely is it the first time that a department has suggested that it should be dealt with by the negative procedure and the committee has said that it should be the affirmative, and the department has agreed and it has still been done in time to put it through the proper affirmative procedure. So I ask again: why could this not be done by the Department for Transport? There is nothing unique about their being complex; there is nothing unique about a department saying that they should be negative, the committee saying that they should be affirmative and there still being time to do it through the proper affirmative procedure.

[Baroness Vere of Norbiton]

I completely accept what the noble Lord says. In certain parts of the organisations that had to deal with these things, the pressure on resources was quite significant. I am not prepared to say much more on that.

Safety and data sharing were also rightly raised by noble Lords. As the noble Baroness, Lady Randerson, pointed out, they are critical. The Government have no intention of compromising the safety of our rail network—or, indeed, anyone else’s. The Office of Rail and Road will be sharing data and we already have a very good relationship with it. I should like to go into a tiny bit more detail about this, because it is important. EU member states already have a number of cross-border rail arrangements with third countries covering a wide variety of arrangements, including border arrangements, sharing information about cases of accidents, the responsibilities of train operators—all sorts of things. For example, there is one between Croatia and Bosnia-Herzegovina and one between Poland and Russia, and both have negotiated bilateral agreements on cross-border rail arrangements. We anticipate that, as our relationship with the EU develops, we too will have these sorts of relationships. In the short term, the Office of Rail and Road will work very closely with its counterparts, as it already does, to enable it to continue to share information with EU and EEA member states. In particular, it is extremely important that we work closely with our immediate cross-border neighbours, France and the Republic of Ireland. Our engagement is going very well and we aim to sign a memorandum of understanding with both countries to enshrine co-operation agreements so that they can continue.

The noble Baroness asked what would happen if the ORR revoked a safety certificate belonging to an operator established in the EU and the UK: would the UK have a legal obligation to inform the EU? If the ORR issued a part B certificate based on an EU part A safety certificate, the ORR would be required to inform the EU safety authority that issued part A if it went ahead and revoked part B. She mentioned safety certificates that run out earlier. I believe that there is only one—most will be able to go up to the two-year sunset clause, and that organisation will be able to apply to the ORR for a new safety certificate.

Turning to the question of nine months, we have a new agreement with the EU, which has said that for nine months regulations will stay where they are. This obviously relates particularly to the Republic of Ireland and France, those being the countries we send most of our rail to, and I believe that nine months is a first step: there will obviously be more discussions to be had. The nine-month clock will start on the day we leave the EU. The noble Baroness raised an interesting point about operators going beyond France, for example. Operators are making their own arrangements to operate services beyond, and they have in place EU- issued operator licences, so I believe that people have already thought about that and are taking the appropriate steps.

The issue regarding Northern Ireland is interesting and important. It is a transferred matter and, in the absence of a functioning Northern Ireland Executive, it is right and proper that we preserve the status quo as much as we can. We therefore took the decision, given the connectedness of the network in Northern Ireland and the implications of that, that a different time limit was appropriate. Indefinite recognition of the various certificates in Northern Ireland is essentially the status quo. In the future, as it is a transferred matter, if there is a functioning Northern Ireland Executive that Executive will be able to make their own decisions. For the time being, however, it was agreed that this is the best way forward for Northern Ireland. Conversely, within Great Britain a decision has been made to match the sunset clause for these items to the sunset clause already in place for other types of rail licence.

The noble Baroness mentioned the consultation. We have carried out a fair amount of consultation. We wrote to 300 industry representatives and, as the noble Baroness mentioned, we had eight responses. I have not seen them but I will certainly write if they raised any particular issues. Workshops were also held and a technical notice came out on 12 October. The noble Lord, Lord Rosser, asked whether the unions were involved in the consultations. I believe that ASLEF was invited to the workshop but was unable to attend.

The noble Lord, Lord Rosser, mentioned the next railway package—the fourth railway package, otherwise known as the recast safety directive. There are two issues here: first, what happens if we have a deal; and secondly, what happens if we do not have a deal. During any implementation period that comes into force under the withdrawal agreement, the UK would be required to meet its EU obligations. This would include the transposition of the fourth railway package. We would obviously proceed with that in the implementation period to have it done by June 2020. If the withdrawal agreement is not ratified and the UK leaves without a deal, we will need to decide whether we will transpose the technical pillar of the fourth railway package. The decision will be made on what account to take up the fourth package as regards, for example—this is the important bit—cross-border services with the French. We will need to look at where we are and what needs to be implemented to make sure that those cross-border services can continue. There will obviously be sufficient time on both of these for scrutiny by your Lordships to ensure that these matters are conducted accordingly.

Work has already commenced on the rail safety directive. We have started the underlying work to transpose the recast safety directive as part of our existing obligations as an EU member state. As I mentioned, we expect to implement by June 2020 and have already notified the EU Commission that we will be doing this.

Will this be for ever? Status quo does not mean matching the EU. The issue is that we may—or we may not; it is not certain—want to take our safety regime in a different direction. That does not mean that our safety will be any less important to us, or that the safety of our passengers will be compromised in any way. However, it might mean that, if we diverge in the future from EU law because doing so might present opportunities for the UK to shape our railways in the way we want, the safety outcomes will be the same but our law might say something different. I am not saying that this will definitely happen; I am not saying that this is even remotely likely in the short term. But status quo certainly does not mean being in lockstep with the EU on the rail safety legislative framework in perpetuity.

I am sure there are a few questions I have missed. I will look at Hansard and make sure that I have all the responses to any remaining questions from both the noble Baroness and the noble Lord.

Electric Vehicles: Charging Points

Debate between Baroness Vere of Norbiton and Lord Rosser

Tuesday 7th May 2019 Lords Chamber

[Baroness Vere of Norbiton]

The noble Baroness will be aware that we are making good progress in that area. The Alternative Fuels Infrastructure Regulations came into force in November 2018 and they set out a number of things that have to happen in relation to charging points. I reassure all noble Lords that the Government stand ready: where the market fails, we will step in and make sure that there are appropriate charging points. As for range anxiety, as I understand it is known, Highways England has a fund of £15 million to make sure that there is a charging point every 20 miles on 95% of the strategic road network.

[Lord Rosser (Lab)]

My Lords, how many public electric charging points across the UK do the Government believe will be necessary and by when? On what assumption about the percentage of vehicles that will be electric is that figure based? What percentage of charging points do the Government expect to be provided by public investment—by local authorities—and what percentage by private investment?

[Baroness Vere of Norbiton]

As I mentioned, we expect the majority of charging points to be installed through private networks. However, there is the £400 million charging infrastructure investment fund, which consists of £200 million from government and £200 million from private investors. Shell and BP, for example, both now have their own charging point networks. We expect such private companies to step up and make sure that we have the necessary charging point infrastructure to meet the growth in the market.

Brexit: No-deal Ferry Contracts

Debate between Baroness Vere of Norbiton and Lord Rosser

Wednesday 1st May 2019 Lords Chamber

[Lord Rosser (Lab)]

My Lords, I beg leave to ask a Question of which I have given private notice.

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

My Lords, in light of the Article 50 extension, the ferry contracts with Brittany Ferries and DFDS have now been terminated. The National Audit Office estimated the total termination cost to be £56 million. I am pleased to tell the House that the figure for termination is £43.8 million. Furthermore, the total amount for termination fees and running costs is a little over £50 million. These contracts were an important insurance policy to ensure the continued movement of medicines and other essential goods.

[Lord Rosser]

I thank the Minister for that response, which indicated the cost to the taxpayer of the contracts with Brittany Ferries and DFDS. Can the Minister confirm what actual benefit the taxpayer got in return for what I think she said was £43.8 million? What services were provided to the taxpayer? On top of that, the Government have already had to pay £33 million to Eurotunnel in return for no services whatever but to settle a legal case challenging the procurement process for the ferry contracts, and the DfT may now be facing legal action from P&O Ferries on the grounds that Eurotunnel has been unduly favoured. The Government’s answer is no doubt that they had no alternative but to make contingency arrangements because of their own failure over two years to conclude an acceptable Brexit deal, but they cannot argue that in relation to the £33 million to Eurotunnel or any payments to P&O Ferries. The Government always talk about getting value for money. In this case, we have had a lot of money but no value to the taxpayer. Is the Minister now going to apologise for the unnecessary expense that has been incurred and for the failures of the Government, and of the Secretary of State in particular?

[Baroness Vere of Norbiton]

I would like to focus on the first of those questions: what exactly was the benefit to the taxpayer? The benefit was that the taxpayer had an insurance policy. Like many organisations, the Government are able to take out insurance policies, and these contracts were precisely that. The benefit to the taxpayer is that the Government were able to ensure the continued movement of absolutely critical goods—what we call “class 1 goods”—into this country in the event of no deal. I am fairly sure that the noble Lord would have been the first to criticise the Government had these goods not got through.

Railways: Midland Main Line

Debate between Baroness Vere of Norbiton and Lord Rosser

Thursday 25th April 2019 Lords Chamber

[Baroness Vere of Norbiton]

I thank my noble friend, although I am not sure of the heating benefits of a tie, having never worn one. Of course, we must look at passengers’ comfort when they travel. Many factors make for a good passenger experience. A recent survey showed that the age and quality of the trains is very important.

[Lord Rosser (Lab)]

I, too, welcome the Minister. I agree that she has a hard act to follow in the noble Baroness, Lady Sugg, but I am sure that she will do so with flying colours. This Government have a record second to none when it comes to scrapping or deferring major railway electrification schemes. Indeed, it now appears as though the future of HS2, which the Minister mentioned, may become a political football in the quest for votes in the forthcoming Conservative Party leadership campaign. Two days ago the Environment Secretary, Mr Gove, told the 16 year-old climate change campaigner Greta Thunberg that she had been “heard”. If that statement was not merely a public relations platitude, why do the Government and some of their leading Members abandon or defer, and threaten to abandon or defer, major railway electrification projects in favour of the continuation of less environmentally friendly diesel or part-diesel services?

[Baroness Vere of Norbiton]

Electrification is merely a form of propulsion for trains. It is not the be-all and end-all. It comes at a cost, sometimes to local communities. For example, if we use bi-mode trains in diesel mode—I refer to modern diesel engines—there is no need for the intrusive wires and masts that concern local communities. The environmental impact of these trains is less than that of current ones. I believe that any thoughts of HS2’s demise are greatly exaggerated.

Equality and Human Rights Commission

Debate between Baroness Vere of Norbiton and Lord Rosser

Monday 16th October 2017 Lords Chamber

[Baroness Vere of Norbiton]

The chair of the EHRC has reached what I think we can say is a compromise with my noble friend Lord Shinkwin on the issue to which the noble Lord refers. On enforcement, obviously law enforcement is a matter for the police while investigation is certainly a matter for the commission.

[Lord Rosser (Lab)]

My Lords, I am reluctant to pursue from the Front Bench a case that apparently involves an individual Member of this House, but certain statements were made by my noble friend Lady Prosser in her question. It would be helpful to the House if the Minister was able to investigate what has been said and, perhaps in a letter to Members of the House, indicate which of the statements made by my noble friend Lady Prosser are correct and which the Minister does not believe are correct.

[Baroness Vere of Norbiton]

Of course I will be happy to do that and I will place a copy of the letter in the Library.

Fracking: Policing

Debate between Baroness Vere of Norbiton and Lord Rosser

Monday 9th October 2017 Lords Chamber

[Baroness Vere of Norbiton]

I agree with my noble friend. I said that it was a great shame about Scotland, but we must recognise that Scotland has a 50-year history and heritage of oil and gas exploration and drilling. It is a great shame that it will not be participating in this and a great shame that Grangemouth will potentially suffer.

[Lord Rosser (Lab)]

My Lords, the Lancashire PCC sought help from the Home Office to pay for the extra costs of policing fracking protests following a government decision overruling Lancashire County Council. This request has so far been declined, and the Minister for Policing has stated that,

“there is no central government funding stream available”.

Can the Government say whether the Lancashire PCC, who is responsible for the county’s police force’s budget, has the statutory power, if he so chooses to use it, to instruct his chief constable not to provide policing in connection with the fracking protests until such time as the Government agree to help with the additional expenditure incurred on the grounds that there is no provision within his police force’s budget for such expenditure and that money is not available from other parts of his budget? Is the answer yes, he has those statutory powers, or no?

[Baroness Vere of Norbiton]

I will have to revert to the noble Lord on whether he has those statutory powers. However, special grant funding has been used to support fracking protests before. In 2014, Sussex got £905,000. Greater Manchester applied for funding but it was refused because it was not a significant amount of its budget. However, in the case of Lancashire, the application for £3.1 million is still under consideration and no decision has yet been made.