Draft Air Quality (Taxis and Private Hire Vehicles Database) (England and Wales) Regulations 2019

Debate between David Drew and Catherine West

Tuesday 26th February 2019 General Committees

[Dr David Drew (Stroud) (Lab/Co-op)]

It is a pleasure to serve under your chairmanship, Mr Owen. I make two apologies. First, my voice is terrible, so please bear with me. Secondly, the shadow Minister would normally lead on air quality, but she is otherwise engaged, so she has passed the mantle to me.

May I say at the start what a pleasure it is that we are not talking about our EU withdrawal? Three times last week we did that, so I thought that this Committee must have something to do with Europe. However, it appears that this is very little to do with Europe for once, although European standards are something I presume we should wish to concur with, as EU standards are as high as ours, although we have a long way to go.

Sadly, on air quality, the Government have a long way to go, and have been in the courts on numerous occasions. In April 2015, the Supreme Court ordered the Government to draw up an air pollution plan, owing to breaches of the law. In November 2016, the High Court ruled the Government’s plans unlawful and imposed a deadline for drawing up a new plan. In April 2017, the High Court ordered the Government to publish that plan, after they tried to delay doing so. Last year, the High Court once again ruled the Government’s plans unlawful.

It will be interesting to know whether the Government have a lawful plan that is unchallengeable by those who take this issue very seriously, as we all do. We all have seared on our minds the death of Ella Kissi-Debrah from asthma in 2013, which is an ongoing case.

[Catherine West (Hornsey and Wood Green) (Lab)]

Does my hon. Friend agree that the increase in deaths, particularly of children and very old folk with respiratory illnesses, is alarming? Does he also agree that the Mayor of London is being brave and bold and—with very little resource—is acting, through his policies, in the interests of the lungs of Londoners?

[Dr Drew]

I do. To my mind, this is climate change here and now. We sometimes think of climate change as 12 years away and something we can do something about. Sadly, many of our constituents already experience the degradation of the climate because they live in areas that regularly fail decent air quality tests. We should be careful that we do not ignore that and fail to do something about it.

My starting point is that the database, useful as it may be, is a database. It will not actually deal with the problem of how to bear down on some of the issues of poor air quality. We need a much more ambitious transport strategy that deals not only with taxis and private hire vehicles but vehicles in general. I will ask the Government several questions on that.

It is vital that these statutory instruments are not a matter of paying lip service to this issue but are a means by which we can do something fundamental. The Government will say that it is up to local authorities, but if the local authorities do not have the means, they cannot do anything about air quality. It is beginning to disturb our constituents. People ask me, “What are you going to do about the air quality?” This is in Stroud, which is supposedly a rural area, but in parts of it the air quality regularly fails a decency standard. We ought to do something and be seen to be doing something.

Two non-governmental organisations are most concerned about air quality. Friends of the Earth has made countless reports on local air quality monitoring objectives, to check which local authorities are doing something about that and which are not. It is good to hear about the Mayor of London but, sadly, too many local authorities do not have the facility to get on top of this issue. It is astonishing the number of places with an air pollution problem. It does not affect just some people some of the time, but an awful lot of people all the time.

ClientEarth, which has taken the Government to court on a number of occasions because of their lack of an effective plan, welcomes this statutory instrument and sees the database as necessary, but there is not as much detail as it would like. We have the database, but what do we do with it? It is all right having this information, but someone has to compute it and ensure that someone is acting on it. Will the Government impose standards on those local authorities that fail to do what they should do as a result of the database? The statutory instrument allows the Secretary of State to set up the database, but there is no duty to pursue it.

I have some questions for the Minister. First, where does this statutory instrument fit in the Government’s overall strategy of moving towards non-polluting cars? That was the aim by 2040. Are the Government on track to meet that target? In some ways, it is an incredibly ambitious target, but in others it is disappointing, given the scale of the problem.

Dealing with air quality makes long-term economic sense. Some global estimates talk about a cost of £20 billion —I suspect that is a gross underestimate. It will be interesting to know what resources central Government intend to give to local authorities so that they begin to track what is happening—admittedly, with a small number of vehicles, but if it can be done with taxis and private hire vehicles it can begin to be done with private cars. I hear what my hon. Friend the Member for Stoke-on-Trent Central said; at what stage does a vehicle become a public vehicle rather than a private vehicle?

Do the Government really intend to crack down on illegal air pollution? There have been numerous reports from the Environment, Food and Rural Affairs Committee and the Environmental Audit Committee on the means to do something about this. We sometimes use exaggerated terms, but here we do not—it is a public health emergency for those whose lives will be cut short. That requires us to do something drastic.

On Highways England, what are the Government doing with their road strategy to ensure that where there are areas of very high pollution, there are means by which we can control vehicles? I do not know if hon. Members saw what happened in Addis Ababa a few weeks ago; the Government banned vehicles for a Sunday. If anyone has been to that city they will know how polluted it is. They felt that that at least made the point that people can find ways of living their lives without the petrol or diesel engine, that makes their lives that much worse.

What is the target date for the database being up and running? How does that deal with what local authorities are involved with in their own clean air zones in the interim? It would be useful to know where the joined-upness of the overall strategy is.

The original SI was introduced on 8 January 2019 but was then mysteriously removed, which is not unusual with SIs at the moment. This one, however, has nothing to do with Europe, yet it was removed and a slightly different version was retabled. It would be interesting to know why that happened and why we have a different SI before us.

I ask my usual question about Plymouth—it is good to have one of the Plymouth Members here, the hon. Member for Plymouth, Moor View. I am always intrigued when Plymouth appears in such regulations. Regulation 2(c) mentions

“section 5 of the Plymouth City Council Act 1975”.

Why does that one local authority always get mentioned? I have been in Committees before where Plymouth is mentioned. Either it is more advanced than any other part of the country or it operates under a very different legal framework from other local authorities. I understand there are different terms regarding the City of London, but I never quite understand why Plymouth features.

I hope the Minister can answer my questions, or will write to me. DEFRA should pay a lot more attention to this subject. Air quality is a deciding factor in people’s quality of life. For me, it is the start of climate change and we ought to pay much more attention to it. That is why I welcome the small step of the database. I hope it will not just sit on a shelf somewhere; I hope it is a measure through which local authorities, working with central Government, can really begin to make sure that polluting vehicles are dealt with.

Leaving the EU: Parliamentary Vote

Debate between David Drew and Catherine West

Monday 11th June 2018 Westminster Hall

[Dr David Drew (Stroud) (Lab/Co-op)]

I am delighted to serve under your chairmanship, Mr Austin. I congratulate my hon. Friend the Member for Blaydon (Liz Twist), who introduced this debate very fairly, walking on eggshells as she did. I congratulate the petitioners, because it is right and proper that Parliament has the opportunity to debate these issues. I am delighted to follow my hon. Friend the Member for Hornsey and Wood Green (Catherine West).

I want to keep my remarks very narrow, in the sense that I have been clear that I do not want another referendum. When I was in this place previously, I argued that the decision on the EU had to be taken by the British people. I was not directly involved in politics at the time of the referendum, but I thought the experience of the referendum was dreadful. It brought out the very worst in politicians and, dare I say, the public.

I am sure I am the only Member here who took part in the 1975 referendum, in which I voted. I was a member of the Labour party at the time—I have been one for 48 years now—and I remember that referendum being called out of weakness by the then Government, who were in direct conflict with their own party. There is nothing new in politics, is there? The referendum was conducted. It was not left versus right, because the left was split, the right was split and the centre was split, but compared with what happened in the recent referendum, it was so genteel. People actually argued their case. They did not involve themselves in personal invective, and they did not try to get money from wherever to allow the case not to be presented in the way that was best for the British public to understand, but slanted so that the British public ended up believing it was just about pure prejudice. That was not a good way to take the decision.

I disagree with the hon. Member for Bath (Wera Hobhouse), who has since disappeared. I am clear that if we re-ran the referendum, things would not get any better. All the evidence is that another referendum would be much more divisive. What would it resolve? If leave won, it would confirm that leave had won, but that is the situation at the moment. If remain won, we would have “neverendum”, because there would have to be a play-off. That is the worry with having another referendum. I am someone who has argued that, in fundamental constitutional issues, there has to be a referendum, but I have changed my mind. I would be happy to bring forward a Bill to ban referendums in this country. They are alien to our form of parliamentary democracy. It might work in Switzerland or other countries, but it has not worked in this country. We have ended up with the worst-case scenario. We had a narrow victory on one side and a poor debate that did not yield the arguments that needed to be brought forward.

What is the alternative? It is about time Parliament reasserted its authority. We only end up with referendums when a Government do not feel they can get their business through and Parliament cops out and refuses to take responsibility. Parliament cannot cop out on this matter anymore. When we come to the end of the negotiating period, it has to look at what is on the table. To be fair to the Government, this week we are all trying to pre-empt what we think the final deal will look like. Those of us who are partial towards the customs union hope that, at the very least, the Government will move on that issue. On other issues, we will have to see.

Hon. Members should remember that it takes two to tango. We can have all the arguments we like on this side, but if the other side—the EU—decides, “That is not what we want”, we are back to where we started. To my mind, we should rule out a second referendum. We should at least give the Government some opportunity to negotiate, but with pressure from the Opposition, because that is our job. We have to make the Government’s life fairly unbearable. We will do that this week, and we hope they lose a few of the Divisions, because that will make things much more interesting. That is what Oppositions do, and it is what Parliament is there for. Governments have to try to withstand that pressure. They may or may not. The one thing I feel absolutely certain about is that it will be a disaster if we go along the referendum path again. It will lead to even more division.

[Catherine West]

Given there seems to be an impasse within the Government on which direction to take, does my hon. Friend agree that when the deal is complete, it might help if the Prime Minister went back to the people and said, “Is this what you meant?”?

[Dr Drew]

That is a wonderful notion, but what will come out of the negotiations, if anything, will be a complicated settlement. We could end up with no deal. That would be a disaster, because I fear we would then move towards free trade deals with Lord knows who. We have got a debate on Thursday on agriculture, which is my area of responsibility on the Opposition Front Bench. If we do not negotiate something, I fear we will end up with a real dog’s breakfast of agreements that we might be able to sign.

I know what my hon. Friend is saying. My problem is that it will still lead to an incredibly divisive outcome—people feel so strongly. Anyone who feels differently from me should say so and intervene. I have heard strong opinions on both sides, and I do not think that people have shifted, in the main. Some people will have done, because that is inevitable—some people shift between parties between elections, dare I say—but in the main, people are pretty clear in their views. If those opinions are stirred up by anybody or any side, things will only get worse.

We have to take responsibility, and it will not be easy. We are going to upset some people. Parliament will not necessarily be flavour of the month for those who feel we have come up with the wrong solution, but that is what they elect us for. That is why I have a problem with referendums. In a sense, they negate our power as parliamentarians to do what we believe is right. If people do not like it, they get rid of us. At the moment, if we go back to the referendum, I fear we will end up with an even more difficult outcome, whichever way it goes, and the debate will be dreadful, because what we have seen so far will be there with knobs on. People will feel even more strongly, and they will get up to even more antics because they believe that is their right. That is where we, as a democracy, will struggle, because we have to put things back together. At the end of the day, whoever is in power will have to try and run things for the whole of the country, divided or not. I worry that the further apart we get and the more divided the debate is, the more difficult it will be to put things back together again.

[Catherine West]

I share my hon. Friend’s concern about referenda. However, our result was not like the Republic of Ireland’s recent referendum result of 66:33, or whatever the maths is, and the difference was so fine. Does he not accept that, although I am not a great fan of referenda, and given that Mr Cameron has led us this far, a referendum is perhaps the only thing that could give either a stamp of approval or overturn things? I do not put any value judgment on either position. I am talking about giving clarity.

[Dr Drew]

We always argue whether it is “referenda” or “referendums”, but I will stick to “referendums”. The problem with what my hon. Friend suggests is that I envisage a very close result again, whichever way it goes.

Draft Littering from Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018

Debate between David Drew and Catherine West

Wednesday 31st January 2018 General Committees

[Dr David Drew (Stroud) (Lab/Co-op)]

I am delighted to serve under your chairmanship, Mr Robertson. I welcome the Minister to her place—I also welcome the civil servant to his place; maybe he will give the answers.

This is an interesting, if not worrying, topic. I am a little surprised that we have been through the whole of the Minister’s speech, not to mention the draft regulations and the explanatory notes, but not yet had a number. This is quite a worrying issue, and the number of incidents is increasing. I was involved in the passage of the Clean Neighbourhoods and Environment Act 2005, through which the previous Labour Government put this into primary legislation.

[Catherine West (Hornsey and Wood Green) (Lab)]

Does my hon. Friend agree that this proposal would be particularly beneficial for our waterways? A lot of the rubbish that people throw out of cars ends up in our waterways, canals and rivers, and even blocks up drainage —it goes right down to that level.

[Dr Drew]

As the proud possessor in my constituency of the Gloucester and Sharpness canal and, hopefully one day, the completed Stroudwater canal, I totally agree.

Let us put some numbers to this, to give some context for why it is important. In 2016-17 local authorities in England dealt with more than 1 million incidents of fly-tipping—I will use that term because no one else has, and because it was referred to as fly-tipping in the 2005 Act—which was a 7% increase on the previous year. Two thirds of incidents of fly-tipping involved household waste, and the total number of incidents increased by 8% from 2015-16.

There is a consistent relationship between where people tip and how much they tip. Clearly, most of that takes place on our highways—some half of all incidents—and again, that is increasing. Sadly, quite a lot is tipped. That is something I will ask the Minister about. I am a little bit confused by what we mean by littering. If I truck up in my four-by-four and chuck four used tyres in the nearest layby, is that littering or is that covered by some other legislation?

That is the nature of what this is. It is not just chance, although clearly people chuck things out of their car windows. A lot of this is people getting rid of things that sadly they would otherwise be charged for. I know a little bit about this because, as you will know, Mr Robertson, in the good old days Stroud did not charge for the disposing of large items, so the good people of Gloucester used to come and dump them in Stroud. We now charge for them, so there is no reason for people to dump them in Stroud anymore. However, it is an issue, because people will dispose of rubbish, and unless they are prevented from doing so, or fined when they are caught, this will grow.

It is estimated that the cost of clearing fly-tipped waste in 2016-17 was £57.7 million, which is not an inconsiderable sum. Local authorities carried out 474,000 enforcement actions, costing about £16 million. That is staggering, because we think it is difficult to follow up fly-tipping, but there is actually a lot more action by local authorities, which cost some £900,000.