Railways: High Speed 2

Earl Attlee Excerpts
Tuesday 21st May 2013

(12 years, 9 months ago)

Grand Committee
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Earl Attlee Portrait Earl Attlee
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My Lords, I assure the Committee that I will be supporting and pursuing the HS2 project with great vigour.

I start by thanking my noble friend Lord Astor for securing this debate and I thank other noble Lords for their contributions. A project as significant as HS2 deserves plenty of time for debate, and I am happy to address your Lordships’ questions this evening and, I hope, on future occasions.

There have been some developments. My right honourable friend the Secretary of State for Transport introduced the High Speed Rail (Preparation) Bill, to which my noble friend referred, in the House of Commons on 13 May. It is colloquially known as the paving Bill. We also published the Draft Environmental Statement for phase 1 on 16 May, along with a consultation on the proposed route refinements.

Noble Lords will also be aware of the NAO’s review of HS2. The report is a snapshot from the past and the project has moved on. Economic modelling is just part of the story. If we relied only on modelling, we would not have built the M1, parts of the M25 or the Jubilee line extension to Canary Wharf. We are not building HS2 simply because “the computer says yes”; it is the right thing to do to make Britain a stronger and more prosperous place.

The noble Lord, Lord Rosser, made much of the NAO report. Perhaps I may remind him that the Government are running with a project that his party started, and we are very happy to do so. This is a transformational project that will serve eight out of 10 of the UK’s largest cities, bringing our major cities closer together and two-thirds of people in the north to within two hours of London.

The Government support a direct high-speed connection to Heathrow but it is sensible that further work on a link to Heathrow should await the consideration of the Airports Commission’s recommendations, due in 2015. If it fitted with the commission’s recommendations, we could consult separately later and include the spur in the legislation for phase 2. It could be constructed as part of phase 2 without any impact on the operational railway.

We welcome the outcome of the judicial review, with nine of the 10 challenges being rejected. The one challenge on which the judge found against the Government concerned the 2011 consultation on property compensation rights. The judgment makes clear that it was the process, not the compensation scheme itself, that was flawed. We are giving detailed consideration to the judge’s comments and are planning to reconsult later this year on property compensation schemes.

My noble friend has claimed that properties more than 60 metres from the line would not be eligible for compensation. This is not correct. The exceptional hardship scheme for phase 1 has no defined geographical limit for qualification. However, the EHS is only the start; we will consult later this year on long-term proposals for property schemes that will apply to those outside the 120-metre swathe that my noble friend has described. I have more to say on property compensation.

It is regrettable that the recent judicial review has delayed the introduction of further compensation. However, the Government have been clear that we want to get compensation to those who need it as quickly as possible. While it is inappropriate to speculate on the final package of schemes, I can confirm that the scheme, or rather the consultation, will include a property bond.

The Government are determined to make this an environmentally responsible scheme. We have listened to concerns and worked closely with Natural England and the Environment Agency. However, you cannot build a railway without causing some disruption. The noble Lord, Lord Stevenson of Balmacara, raised the issue of the Chilterns. Following the 2011 consultation, of the 13 miles of route through the Chilterns AONB, less than two miles will be at or above the surface. This is more than a 50% increase in tunnel or green tunnel compared with the original route. It is clearly harder to avoid an AONB near the Home Counties than further north, where there are more possibilities of changing the route.

Mitigation can have its own impacts. A full-bored tunnel through the Chilterns was considered, but would require 10 ventilation shafts as well as an emergency access station. This would be a box constructed within the AONB, around half a mile long, with good road access for emergency services. Only one feasible location for this access station was identified, close to Little Missenden on the A413, requiring the box to be between 40 metres and 50 metres deep, making this a costly and significant engineering challenge, with its own environmental impacts.

Lord Stevenson of Balmacara Portrait Lord Stevenson of Balmacara
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I am grateful to the Minister for giving way. I think I detected a somewhat aggressive stance in what he was saying. I am sorry that he says that. Does he not accept that there is in fact an alternative scheme, which I mentioned in my speech, that proposes a relief tunnel, exactly as specified and required under European legislation, at Wendover Dean? That has the support of local residents, which is one of the major reasons why it has been put forward. To say that there is no alternative except in Mantle’s Wood, the very ancient woodland that we are most concerned about, which happens to be near Little Missenden and indeed Great Missenden, is wrong, and we are against that. There is an alternative. It is not the best alternative, but it is disingenuous of the Minister to say that there are no possible alternatives.

Earl Attlee Portrait Earl Attlee
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My Lords, I am extremely sorry to the Committee if I appeared to be aggressive. I have no intention of doing that at all. However, the noble Lord is raising detailed questions about the route, and my duty is to defend the whole scheme. It will be the duty of Parliament to finally approve the route. At the moment, we are consulting about the route, and we need to do that properly. I will of course read Hansard carefully to look at the precise points that the noble Lord has made.

I turn to the issue of train speed, which my noble friend Lord Astor raised. The route has been engineered to allow for train speeds of up to 400 kilometres per hour in future, should there be a commercial justification for doing so. Operation at up to 400 kilometres per hour would require the consideration of whether improved train design enabled services to operate at that higher speed without additional significant adverse environmental effects. Going fast does not disproportionately increase the cost of the infrastructure, but it means that the alignment has to be more or less straight.

I will try to answer as many questions as I can in the time remaining. My noble friend Lord Astor proposed a station at Bicester, but then he went on to point out the difficulties of accelerating and decelerating from stations. My noble friend made further comments on train speeds. While it is true that some European operators are looking at operating at slightly lower speeds, largely due to maintenance issues, we are not aware of any that are planning to go as low as 225 kilometres per hour. The infrastructure is still built for higher speeds so that, when technology allows, they will be able to return to those higher operating speeds.

My noble friend also talked about the spur to Heathrow. It is important to understand that the spur has not been cancelled but has been paused, and it is too early to predict the outcome of the Airports Commission’s work or any of the decisions taken following that. There are no plans to slow down the progress of phase 1. We need to press on quickly with phase 1 so that we can deliver the economic and wider benefits that higher rail speeds can bring. Does pausing the spur mean no third runway at Heathrow? The Government’s position on a third runway at Heathrow remains unchanged, as set out in the coalition agreement. However, the Airports Commission has been tasked with identifying and recommending to the Government options for maintaining the UK’s status as an international hub for aviation.

My noble friend Lord Astor and others have suggested that, where possible, the route should follow noisy transport corridors such as existing motorways. During the course of the scheme development work in 2009, six main corridors, including the M40 and the M1, were considered. The routes were rejected, primarily because of their adverse implications for journey times and economic benefits, which were compounded by their higher costs. Any environmental advantages that these options offered over the proposed scheme were marginal at best, and therefore not decisive in discounting these routes.

I turn to the issue of compensation. We are clear that we need to have a very good compensation scheme. Most infrastructure projects compensate property owners only at a much later stage of development, when statutory measures apply. For the HS2 project, however, an exceptional hardship scheme has already been introduced while the route is being considered. Subject to consultation later this year, the Government have already stated that we hope to introduce subsequent schemes that go even further than the law requires in order to ensure fair compensation for those directly affected by HS2.

Perhaps it would be helpful if I gave a case study for what we are doing with the EHS, remembering that it is inappropriate for me to comment on specific individual cases. Take a lady living 350 metres from the proposed HS2 route who suffered from an illness that meant she was unable to safely climb the stairs in her home. The lady therefore needed to sell her home to purchase a bungalow but, because of the proximity of HS2, she was unable to achieve a sale at the required price. The lady and her husband applied to the EHS, providing documentary evidence that they met the criteria for the scheme, including that the lady was suffering exceptional hardship. A majority independent panel considered the evidence and recommended that the lady’s home should be purchased from her. This recommendation was reviewed and agreed by a senior civil servant at the DfT. Some 12 weeks later, we exchanged contracts on the lady’s home for the full, unblighted value. So far we have brought 81 properties on to the scheme, spending just under £50 million, and have offered to buy a further 32.

Viscount Astor Portrait Viscount Astor
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I am grateful to my noble friend for giving way. He kindly said that the Government have the intention of introducing a property bond. I realise that there will not be time for him to go into the details today but I would be grateful, when he has had a chance to consider what it might be, if he would perhaps write to those who have spoken in this debate with any details that he has.

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Earl Attlee Portrait Earl Attlee
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My Lords, I very nearly slipped up in what I said. I nearly said that we would be introducing a property bond, but I corrected myself and said that we would be consulting on a property bond, which is rather different.

My noble friend gave us an amusing analogy about the Palace of Westminster, where the Cross Benches are and so on. This claim reflects neither the current strategy provisions nor the discretionary proposals put forth by the Government. Property owners may be entitled to Part 1 compensation under the Land Compensation Act 1973. This is paid if the property loses value due to the impact of physical factors arising from the use of new infrastructure, such as noise, dust and vibration. It is available for owner-occupiers of residential properties, small businesses and agriculture units. Owners can put in claims once the railway line has been open for a year. This allows the actual impact of the infrastructure to be understood.

I have completely run out of time. I will have to write on all the other issues, apart from the suggestion from the noble Lord, Lord Berkeley, of a below-ground station at Euston. I read the noble Lord’s proposal very carefully but I am afraid that it has been rejected. In order to avoid Underground lines and the proposed Crossrail 2 and Thameslink station at Kings Cross, the station would need to be very deep—50 metres or more. The significant additional cost and complexity of constructing such a station, and the significant safety issues that it would present in respect of evacuation, mean that this option is not viable. I have discussed this with the engineer, and will happily discuss it further with the noble Lord if that would help. I would also be very happy to have separate meetings with Members of the Committee on each individual issue, as I have only 12 minutes to respond today and it is very difficult for me to do justice to noble Lords’ points.

I reassure the Committee that the Government will continue to listen to concerns about the impact of HS2. The consultation on the draft environmental statement and route refinement will be an opportunity for people to respond with their views on what is needed. HS2 is about helping Britain to thrive and prosper.

Lord Rosser Portrait Lord Rosser
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Before the Minister sits down, in the light of what he said at the end about the consultation on the environmental statement, I am still not clear, and would therefore like him to confirm whether the outcome of that consultation could lead to the route that has been determined so far being changed, and whether it could lead to the extent to which a line is in a tunnel, in a cutting or on the surface also being changed—or is that all fixed now?

Earl Attlee Portrait Earl Attlee
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My Lords, at the end of the day, nothing is fixed until Parliament has determined what the route will be. The role of the Government is to propose to Parliament what the route should be, using the appropriate procedures, and then Parliament will agree what the route will be.

Committee adjourned at 5.15 pm.

Transport: Bus Services

Earl Attlee Excerpts
Monday 20th May 2013

(12 years, 9 months ago)

Lords Chamber
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Lord Greaves Portrait Lord Greaves
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To ask Her Majesty’s Government whether they plan to introduce any proposals that may affect local bus services.

Earl Attlee Portrait Lord Sharkey
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My Lords, on behalf of my noble friend Lord Greaves, and at his request, I beg leave to ask the Question standing in his name on the Order Paper.

Earl Attlee Portrait Earl Attlee
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My Lords, as set out last year in the policy document, Green Light for Better Buses, the Government have a programme of action to improve local bus services. This includes reforming the way we pay the bus service operators grant (BSOG), incentivising partnership working through Better Bus Areas, and improving competition between bus companies by implementing the Competition Commission’s recommendations. We are also accelerating the development of smart ticketing on buses in England’s largest cities.

Lord Sharkey Portrait Lord Sharkey
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I thank the Minister for that Answer. Last week, the Parliamentary Under-Secretary of State, Norman Baker, announced in a Written Answer that the role of traffic commissioners would be reviewed later this year. When this review takes place, will the Minister consider that when buses run late because of local highway issues, traffic commissioners should be given the power to summon not only the bus companies responsible but also local authority representatives?

Earl Attlee Portrait Earl Attlee
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My Lords, I am not aware of the particular point that my noble friend makes. However, with the Better Bus Areas, there will be much closer co-operation between bus operators and local authorities, which should improve the situation to which he refers.

Lord West of Spithead Portrait Lord West of Spithead
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My Lords, the noble Earl may be aware that there is a very limited bus service down to the Point in Portsmouth. This is important because today HMS “Ark Royal” is being towed away to be scrapped. Is the Minister willing to convey the thanks of the House for her 25 years’ amazing service to this nation?

Earl Attlee Portrait Earl Attlee
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My Lords, I am delighted to stray completely off piste. First, I have not been on HMS “Ark Royal” but I have been on the “Illustrious”. Secondly, there is a railway station called Portsmouth Harbour.

Lord Davies of Oldham Portrait Lord Davies of Oldham
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My Lords, the Minister regaled the House with a list of optimistic policies that the Government were pursuing with regard to buses. However, if the grant and support for local buses are reduced by 20%, how on earth are any of these policies going to make a real difference? Will he recognise that there is absolutely no point in the Prime Minister guaranteeing the bus pass for pensioners if there are no buses for them to travel on?

Earl Attlee Portrait Earl Attlee
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My Lords, I am a little disappointed. I thought that the noble Lord would have given me a much better run for my money. I accept that there has to be a 20% cut in the bus service operators grant. It is painful. My honourable friend Mr Norman Baker would have liked not to have done it—I am sure he would have fought hard to avoid it—but the best way of reducing the budget is to make small cuts everywhere, and we have had to make a small cut in the bus service operators grant. However, the effect on the bus service mileage has not been as much as one might expect.

Countess of Mar Portrait The Countess of Mar
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My Lords, talking of small cuts, our local village has a rather intermittent bus service, but they use quite large buses on the route. The buses are mainly empty. Would it be possible to use minibuses, which are cheaper to maintain, do not take up so much of the road and do not wreck the roads quite so much, instead of expensive single-decker buses?

Earl Attlee Portrait Earl Attlee
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The noble Countess makes a good point, but it is of course up to the operator to select the most suitable bus for its operations. It is a purely operational matter.

Lord Geddes Portrait Lord Geddes
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My Lords, has any further consideration been given to moving the central coach station out from Victoria?

Earl Attlee Portrait Earl Attlee
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My Lords, unfortunately that is a matter for the Mayor of London.

Lord Stoddart of Swindon Portrait Lord Stoddart of Swindon
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My Lords, I hope the noble Earl will take due note about what the noble Lord, Lord Davies, has said about pensioners’ bus passes. If they are removed—and I sincerely hope that the Government have no plans to do so, since I have a personal interest in the matter—the bus services would decline very seriously in this country.

Earl Attlee Portrait Earl Attlee
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My Lords, I can assure the noble Lord that there is no intention to remove the old-age bus pass.

Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock
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My Lords, did the Minister see that the Prime Minister had to go all the way to the United States to go on a London bus with Prince Harry? Has he ever been on a London bus in London, or is he afraid of running into swivel-eyed loons?

Earl Attlee Portrait Earl Attlee
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My Lords, I do not know when my right honourable friend the Prime Minister last went on a bus, but I use the bus when I go to see my mother because the bus frequency is high enough and it goes exactly where I want, when I want.

Asylum Seekers

Earl Attlee Excerpts
Monday 20th May 2013

(12 years, 9 months ago)

Lords Chamber
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Lord Roberts of Llandudno Portrait Lord Roberts of Llandudno
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To ask Her Majesty’s Government what consideration they have given to allowing asylum seekers the right to work after six months of waiting for a decision on their application.

Earl Attlee Portrait Earl Attlee
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My Lords, the Government believe that it is important to maintain a distinction between economic migration and asylum. That is why asylum applicants may work only if their application has been outstanding for over a year. A more generous policy would encourage those not in need of protection to claim asylum for economic reasons.

Lord Roberts of Llandudno Portrait Lord Roberts of Llandudno
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That is a half-disappointing Answer from the Minister. Does he agree that allowing somebody to work who has been applying for, say, six months would bring them some dignity and some hope? It would also bring in tax revenue and cut the Government’s benefit bill. Does he not think that if we continue as now, asylum seekers will have no reason to get up in the morning, no hope and no job to go to? There will just be total despondency. The present system of not allowing asylum seekers to work really just condemns them to penury and despair and is a total denial of their potential.

Earl Attlee Portrait Earl Attlee
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My Lords, I hate to disappoint my noble friend. I accept how important it is for people to work. However, we cannot allow these asylum seekers to work until the 12-month point because it would encourage economic migration. My noble friend talked about the loss of tax revenue, but the current policies of asylum support under Section 95 and Section 4 have reduced expenditure from £1.2 billion in 2003 to below £300 million now.

Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett
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My Lords, will the Minister tell the House what account has been taken of the evidence of the harmful impact on children’s well-being of continuing to deny their parents the right to work?

Earl Attlee Portrait Earl Attlee
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My Lords, I am sure that it is taken into consideration, but our obligation to asylum seekers is to meet their essential living needs and determine their applications as fast as possible, which we do in a significant number of cases.

Baroness Hamwee Portrait Baroness Hamwee
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My Lords, the Government have been very careful to keep the distinction between asylum seeking and migration, which, in his Answer to my noble friend, the Minister seemed not to retain. Would he agree that that is important? Would he also agree that it is important not to drive asylum seekers underground, perhaps into the black economy, which denying them the opportunity to work may well do?

Earl Attlee Portrait Earl Attlee
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My Lords, I hope that I made the distinction between immigration and asylum seeking very clear indeed. I accept my noble friend’s point about the need to avoid driving asylum seekers underground, but that is trumped by the need to avoid making seeking asylum an attractive proposition.

Lord Bishop of Newcastle Portrait The Lord Bishop of Newcastle
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Is the Minister aware that the Church of England’s General Synod, representing local churches with considerable first-hand experience of the lives of asylum seekers, voted overwhelmingly that all asylum seekers should have access to work? Does he accept that 12 months is far too long to be unable to provide for their families while waiting for their claim to be resolved?

Earl Attlee Portrait Earl Attlee
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My Lords, I do not accept that 12 months is far too long, because it is backed up by European legislation.

None Portrait Noble Lords
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Oh!

Earl Attlee Portrait Earl Attlee
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Indeed, there is much good legislation that comes from Europe. The point I would like to make is that asylum seekers can do voluntary work.

Lord Touhig Portrait Lord Touhig
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My Lords, there is anecdotal evidence showing that denying asylum seekers the right to work prevents their integration into British society. Have the Government made an assessment of this aspect of the problem, and if they have not done so, will he agree to do it?

Earl Attlee Portrait Earl Attlee
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The noble Lord is right: denying asylum seekers the ability to work makes it difficult for them to integrate into our society, and that is what we want. We do not want asylum seekers who have not determined their right to be in the UK to become integrated into the UK, as it makes it more difficult for them to return. When we find that someone has a good claim for asylum, asylum is granted, they can work straight away and we can then try to integrate them into our society as fast as possible.

Baroness Bakewell Portrait Baroness Bakewell
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The noble Earl will know that when women seek asylum following often violent sexual abuse in their country of origin, they are most likely to have their application accepted on appeal, so while they hang around without any income, many of them become destitute. How does he propose resolving that problem?

Earl Attlee Portrait Earl Attlee
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My Lords, the legislation is specifically designed to make sure that asylum seekers do not become destitute. They are supported under Sections 95 and 4, particularly Section 95 when their application is being determined. I would like to discuss with the noble Baroness privately why she thinks that female asylum seekers should be more vulnerable to becoming destitute. She has also previously raised with me the difficulties experienced by female asylum seekers, particularly in respect of torture.

Baroness Smith of Basildon Portrait Baroness Smith of Basildon
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My Lords, asylum seekers sometimes wait years for a decision and delays are increasing. As we have heard, that leaves genuine refugees in limbo and makes it harder to send failed cases home. We currently have a shambolic situation whereby 300,000 people are trapped in the immigration asylum backlog, with 90,000 cases being written off so far or given effective amnesty because papers have been lost in some cases. I know the Minister will tell us that the Government are making organisational changes, but can he say something about the specific practical actions that are being taken to deal with the problem? Does he recognise that the dramatic cut in the number of staff at UK Border Agency has contributed to this backlog?

Earl Attlee Portrait Earl Attlee
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My Lords, I do not recognise some of the figures the noble Baroness has quoted. My information is that the expenditure on asylum support has gone down, as I said, from £1.2 billion in 2003 to below £300 million now. I accept that there is a problem in dealing with the legacy backlog, but the Question is about asylum seekers’ ability to work. The more we can reduce unfounded asylum claims, the better we can properly determine the genuine applicants and look after them properly.

Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013

Earl Attlee Excerpts
Thursday 25th April 2013

(12 years, 10 months ago)

Lords Chamber
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Moved by
Earl Attlee Portrait Earl Attlee
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That the draft order laid before the House on 11 March be approved.

Relevant document: 22nd Report from the Joint Committee on Statutory Instruments, considered in Grand Committee on 23 April.

Motion agreed.

Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013

Earl Attlee Excerpts
Tuesday 23rd April 2013

(12 years, 10 months ago)

Grand Committee
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Moved by
Earl Attlee Portrait Earl Attlee
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That the Grand Committee do report to the House that it has considered the Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013.

Relevant document: 22nd Report from the Joint Committee on Statutory Instruments

Earl Attlee Portrait Earl Attlee
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My Lords, I shall provide the Committee with a brief summary of what the order is intended to achieve. The order is made under Section 104 of the Scotland Act 1998, which allows for necessary or expedient changes to UK legislation in consequence of any provision made by or under any Act of the Scottish Parliament. This order is made in consequence of the Children’s Hearings (Scotland) Act 2011, which I shall refer to as the 2011 Act. The 2011 Act aims to improve support for both professionals and panel members to ensure consistency of approach and practice, with a view to achieving better outcomes for children and young people involved in Scotland’s children’s hearings system. The 2011 Act will provide for legal and procedural changes to ensure that children’s rights continue to be properly upheld, while also bringing the majority of existing law relating to children’s hearings into a single statute.

The 2011 Act largely restates and updates the law relating to children’s hearings in Scotland. The order will ensure that existing legislation in England and Wales, as well as reserved UK legislation, is updated to reflect those changes. The order also makes cross-border provision to ensure that certain aspects of the children’s hearings system—for example, the placing of children in a particular place—apply to other parts of the UK. The modifications made by the order are largely of a technical nature and will ensure that the existing law continues to operate effectively by recognising the modifications made by the 2011 Act and subordinate legislation made under it.

The order demonstrates the UK Government’s continued commitment to working with the Scottish Government to make the devolution settlement work. I hope that the Committee will agree that the order is an appropriate use of the powers in the Scotland Act 1998 and that the practical result is something to be welcomed. I commend the order to the Committee and I beg to move.

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Lord McAvoy Portrait Lord McAvoy
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My Lords, I totally agree that this is a consequence of the devolution brought about by the Labour Government and that these are natural extensions of it. Before I make my few remarks, I thank the Minister for the helpful communication that he sent me and the offer of assistance. It was much appreciated and I respect him and his staff for that.

There are a few things. It may be that I am nitpicking— I hope not—but my interest was aroused by looking at paragraphs of the order and thinking about how they will be practically implemented. Paragraph 4.9 of the Explanatory Memorandum says:

“A children’s hearing or a sheriff may consider that it is in the best interests of a child to stay with a particular person. If that child then absconds from the particular person, for whatever reason, to a place in England, Wales or Northern Ireland, article 9 of this Order allows a constable in any of those jurisdictions to arrest the child without a warrant and take them back to the person”.

I wonder if there are any practical examples, without names of course, where that has happened. What is the justification? That is quite a lot of power being invested in a police officer, and I wonder what the track record is of any of these things happening. In addition, it seems quite a strong measure and I wonder whether there is any authority in existence that reviews a case. Is it kept within the police or within the social work department? Because everyone should be accountable, it certainly might be interesting or useful to see whether there is any review of any cases like that which throw up any problems with it.

I move on to paragraph 4.10, on offences related to absconding. It says:

“A children’s hearing or a sheriff may consider it to be in the best interests of a child to require them to be kept in a particular place or with a particular person”.

Does a child have any representation at that hearing? Who represents the interests of the child? If there is anything that a child is concerned about or is affecting them but is not known to the authorities, what sort of representation does a child get from the care system in that situation?

Moving on to paragraph 4.12:

“This Order prohibits the publication of certain information about proceedings at a children’s hearing or court proceedings under the 2011 Act if it is intended that publication will, or is likely to, identify the child, the child’s address, or the school which the child attends”.

Can we get some clarification of the word “publication”? Recent events show how something can go “viral” on the internet. Would the publication of a child’s name on the internet be a breach of this? Has that been envisaged, or was this framed and implemented at a time when there was no such thing as the internet? It would be interesting to see whether internet abuse would be covered by this and whether action could be taken, no matter how difficult it can be.

Paragraph 4.13 is entitled:

“Transfer of children from Scotland to England, Wales and Northern Ireland: Effect of compulsory supervision order”.

Quite rightly, throughout the order there is reference to the four home countries. Is there any joint body or liaison on this between the countries, or between any two countries involved in a particular case or incident? We all know how bureaucracy can be, and if there is no scrutiny and transparency things can go wrong. Again, paragraph 4.19, which is entitled:

“Child placed in secure accommodation: decision of the head of unit”,

says:

“Under the 2011 Act, a children’s hearing may, in conjunction with a relevant order or warrant, make a secure accommodation authorisation (SAA) which could specify that the child resides at a residential establishment in England, Wales or Northern Ireland. Under the 2011 Act, the Chief Social Officer (CSWO) must then make a decision as to whether or not to implement the SAA”.

Again, that seems like an awful lot of authority and responsibility to be given to one person. Are there any methods of scrutinising such decisions, or are they reviewed by the chief social worker? I ask this because—and I am not attacking social workers—no one is perfect, and it is all about scrutiny and accountability.

I have raised a number of questions, and the Minister may not be able to answer them. I find no reasons to doubt the order—in fact I support it—but I would like some clarification on these issues concerning transparency, scrutiny and accountability, bearing in mind we are dealing with children, who are not always able to represent themselves properly.

Earl Attlee Portrait Earl Attlee
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My Lords, I am grateful to the noble Earl, Lord Mar and Kellie, for his kind words of support. The noble Earl of course has much experience of working with children and young people. I am also grateful for the support from the noble Lord, Lord McAvoy. If I do not answer any specific questions of his, I will of course write, when appropriate. He asked first about the review of cases and the viewpoint of the child. I am not aware of any problems, but of course I will write if I have any useful information. Many of these matters are of course the responsibility of the Scottish Government, but I am content to pursue the points raised by the noble Lord with the Scottish Government and write to him.

He asked an interesting question about publishing restrictions that were felt to be necessary in the age of social networking systems. The restriction is primarily aimed at journalists, to prevent them from publishing information that could identify a vulnerable child. With regard to social media, if the principal reporter is made aware that a sibling has posted something on a Facebook or Twitter page about the whereabouts of their brother or sister, the police have been known to visit them and ask them to remove the post. This is generally complied with as they have not understood the consequences of that post. The Scottish Government do not expect any changes to be brought forward in these types of situations.

It might be helpful to the Committee if I gave a real-world example of the effect of the order. Suppose that a 15 year-old child is subject to a compulsory supervision order with a condition that he reside at home with his mother in the Scottish borders. The CSO also contains a direction regulating supervised contact once a week with his father. His father is estranged from the mother and resides in Newcastle. The father therefore travels once a week to a social services centre in the Scottish borders for supervised contact with his son.

One day the child is persuaded by his father to travel across the border and stay with him in Newcastle. The child tells his mother that he is off to play football with his friends the following Saturday morning, but instead travels to Newcastle. When the child does not return home as expected, the mother contacts his friends and learns that he has gone to see his father. She contacts social services and the police, who arrange to visit the father. The father denies that the child is with him and conceals the child from police and social services in England.

In this instance, the father would be guilty of an offence under Section 171 of the 2011 Act if he lived in Scotland, but without a Section 104 order—the one that we are debating today—he would not be guilty of the same offence in England. We therefore need the Section 104 order to protect Scottish children across the UK. I am grateful for the support of the Committee and I beg to move.

Motion agreed.

Energy: Biofuels

Earl Attlee Excerpts
Wednesday 27th March 2013

(12 years, 11 months ago)

Lords Chamber
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Baroness Worthington Portrait Baroness Worthington
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To ask Her Majesty’s Government what discussions they have had with stakeholders in the liquid biofuels industry about targets for increasing the proportion of biofuels in road transport fuel.

Earl Attlee Portrait Earl Attlee
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My Lords, the Government meet regularly with stakeholders in the biofuels industry, at both ministerial and senior official level. The subject of increasing the level of the UK’s biofuels supply mandate is often discussed. Since it was introduced in 2008, the mandate has been increased each year and will rise again from 4.5% to 4.75% this April.

Baroness Worthington Portrait Baroness Worthington
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My Lords, the British biofuels industry employs 3,500 people, helps to boost farm productivity, reduces imports of animal feed and has incredibly high sustainability standards. We need biofuels to contribute towards our legally binding renewables targets; yet, as of next week, the size of the market for biofuels in the UK will be frozen. Will the noble Earl undertake to meet representatives of the industry to discuss a more sensible way forward so that the industry can continue to grow and deliver investment and jobs, which is what we need?

Earl Attlee Portrait Earl Attlee
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My Lords, I can assure the noble Baroness that ministerial meetings will continue. I am not sure that it would be helpful for me to have meetings because I do not think that I can add anything to the work that my honourable friend Norman Baker undertakes. However, it may be helpful if I explain the problem to the House. The noble Baroness and I desire the same end state: the reduction of carbon emissions. The problem, however, is that if we increase the level of obligation at the moment, there may be undesirable, indirect land-use change problems right around the world, and that could increase the level of carbon emissions. It certainly would not reduce them to the extent that we would like. We have the same objectives as the noble Baroness—I assure her of that—and we still have the ability to get to where we want to in 2020, but we have to be mindful of indirect land-use change problems.

Lord Palmer Portrait Lord Palmer
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My Lords, does the noble Earl not agree that this exciting new biofuels industry is greatly hampered by the fact that four different government departments are involved in it? I declare an interest as the president of the British Association of Biofuels and Oils.

Earl Attlee Portrait Earl Attlee
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My Lords, I accept that several government departments are involved; however, officials do talk to each other. The Secretary of State, Ed Davey, was representing the UK in Europe, trying to find a solution to the ILUC problems.

Lord Bradshaw Portrait Lord Bradshaw
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Having given a modest reply to the first part of the Question and a slightly different reply to the second part, can the Minister please assure the House that the Government really take the biofuels industry seriously? For example, is he aware of plans to import through Milford Haven large quantities of biomass that is derived not from food crops but waste products from elsewhere? Is it not time that we see some of these strategies come to fruition, rather than the present process, which seems to shilly-shally about in minor adjustment here and there?

Earl Attlee Portrait Earl Attlee
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My Lords, we take the biofuels industry seriously; it is an important industry. However, we must have regard to the fact that we are regulated by EU and World Trade Organisation free-trade rules, and we therefore cannot put in measures specifically designed to protect the UK biofuels industry.

Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark
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My Lords, what does the noble Earl’s department intend to do to support small companies that make biofuels from locally sourced used cooking oil?

Earl Attlee Portrait Earl Attlee
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My Lords, I know that the noble Lord is a great supporter of the used cooking oil biofuel industry, and it is important. In a previous exchange, he raised the dual obligation to avoid the problem of large-scale ethanol imports disrupting the market for used cooking oil for the biodiesel market. I have raised this matter with my right honourable friend the Secretary of State but I go back to the point that I made to the noble Lord, Lord Bradshaw: we have to be careful to avoid setting regulations that favour UK industry, because we will rapidly come unstuck if we do so.

Duke of Montrose Portrait The Duke of Montrose
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My Lords, what proportion of current demand under the renewable transport fuel obligation is met domestically and what part has to be imported? Is the domestic industry capable of producing economically against, say, the like of Brazilian ethanol?

Earl Attlee Portrait Earl Attlee
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My Lords, I do not have the figures to hand but I can write to my noble friend with any details that I have—and I am sure that I have some. The current trading period will end shortly and the figures will then be analysed. When we have those figures, we will have a better understanding of how the UK biofuels market works. However, we have to wait until the end of the trading period.

Lord Soley Portrait Lord Soley
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One thing troubles me. The Minister will know—this refers back to his first Answer—that not all biofuels require extensive land use, algae being an obvious example. However, there are also land-use biofuels, such as in the desert and less arable areas which are wide open for development. Frankly, the British biofuels industry would like to be at the forefront of that, and I wonder whether we should be doing much more about it. Does he agree?

Earl Attlee Portrait Earl Attlee
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I agree with much of what the noble Lord says. There are what are termed “advanced biofuels”, which do not have a land-take impact—certainly not in terms of taking land out of agricultural use or requiring a reduction in rainforest. Moreover, they do not have an impact on food production. Consideration is being given to greater incentives for the production of advanced biofuels.

Earl Cathcart Portrait Earl Cathcart
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My Lords, will increasing the use of biofuels increase or decrease the price at the pumps?

Earl Attlee Portrait Earl Attlee
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My Lords, my noble friend asks an important question. The obligation system increases the price of fuel at the pump. It is, in effect, a hidden subsidy, and it works in a very similar way to the renewables obligation for electric power.

Lord Berkeley Portrait Lord Berkeley
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Is the noble Earl aware that the addition of biofuels to diesel does quite a lot of damage to engines which stand idle for a long time, such as those of boats and agricultural vehicles? Does he have a solution to this or is the answer to buy non-biofuel diesel for certain uses, such as those I have mentioned?

Earl Attlee Portrait Earl Attlee
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My Lords, the noble Lord and I discussed this during consideration of the renewable transport fuel obligation order in Grand Committee. I admitted that there are some handling problems in keeping biofuels in tanks for a long time, as the fuel needs to be circulated. I am confident that the appropriate publications, magazines and so on will alert users to the need to circulate the fuel, but the noble Lord makes an important point.

Roads: New and Young Drivers

Earl Attlee Excerpts
Monday 18th March 2013

(12 years, 11 months ago)

Lords Chamber
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Baroness Gardner of Parkes Portrait Baroness Gardner of Parkes
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To ask Her Majesty’s Government, in view of the proportion of fatal accidents involving young drivers, whether they will introduce measures similar to those in force in Northern Ireland placing restrictions on new and young drivers.

Earl Attlee Portrait Earl Attlee
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My Lords, the Government are committed to improving the safety of young drivers. As part of the ongoing work to reduce the risk of accidents involving young and newly qualified drivers, the department is considering several options to ensure that they are properly prepared and drive safely. We continue to work with young people, insurance companies and key partners in considering any changes affecting learner drivers and those who have just passed their test.

Baroness Gardner of Parkes Portrait Baroness Gardner of Parkes
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Has the Minister seen the case, settled only this month since I tabled the Question, of Courtney Meppen-Walter, aged 18—a £1,000-a-week junior footballer who has played 17 times for his country—who killed two people and injured two children, and was jailed for 16 months? He was exceeding the 30 mph speed limit by 100% and it had been noted that he had been playing games with a VW Golf before the accident occurred. He has now been disqualified for three years. Does my noble friend think that this was just a case of bravado or was it a most unfortunate example of a young person whom other young people would look up to? Is not the matter very serious and should not something be done? That has been resisted by too many Governments in the past when I have moved amendments in favour of such action.

Earl Attlee Portrait Earl Attlee
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My Lords, it is an extreme case but, sadly, it is not unique. Young drivers are prone to immaturity and reckless driving. They can also be easily distracted, especially when driving while carrying other youngsters. We are seeking to reduce the risk of these very sad accidents and will carry on the work of the previous Administration in doing so.

Lord Dubs Portrait Lord Dubs
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Does the Minister agree that young motorcyclists are particularly prone to a high accident rate? Do the Government have any proposals to increase the safety with which young people drive motorcycles?

Earl Attlee Portrait Earl Attlee
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My Lords, my understanding is that the work is concentrated on car drivers but, if I have any more information about young motorcyclists, I will write to the noble Lord. Over recent years, there has been a tightening-up of the rules for acquiring a motorcycle licence. I understand, however, that there is a problem in relation to more mature drivers starting to use motorbikes for recreational purposes, and, sadly, the accident rate there is not very good either.

Lord Bradshaw Portrait Lord Bradshaw
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Can the noble Earl tell the House what progress is really being made? Accidents and serious injuries among young drivers cause the largest number of deaths in that age group. I know he said that the department is considering something, but can he give us concrete evidence of any move which may reduce this toll of unnecessary suffering?

Earl Attlee Portrait Earl Attlee
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My Lords, I agree with my noble friend that a motor accident is a very high risk for youngsters—probably the worst risk for an untimely end. However, the previous Government made good progress in reducing the accident rate and we will continue that work.

Baroness Masham of Ilton Portrait Baroness Masham of Ilton
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My Lords, would the Minister consider having probationary plates on the cars of young drivers until they are about 21 years of age? If he did something useful, it would be very helpful for all those parents who have lost young people under the age of 21 who were driving too fast.

Earl Attlee Portrait Earl Attlee
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My Lords, probationary plates are one of the things that we are considering in order to deal with that sort of problem, possibly linked with other measures—for instance, not allowing young or new drivers to carry young passengers.

Lord Davies of Oldham Portrait Lord Davies of Oldham
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My Lords, of course we are happy to support any measure that improves the safety record of young drivers. However, that does not mean that we support the pricing of young drivers off our roads. The increase in insurance for young drivers last year was 53%. How do we expect young people, particularly in rural areas, to be able to get to jobs, apprenticeships or even education institutions if they cannot afford to run a car?

Earl Attlee Portrait Earl Attlee
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My Lords, the noble Lord makes an important point. Some of the measures we are thinking of have a cost and could have an adverse impact, perhaps meaning that young drivers do not bother with a driving licence at all. Therefore, we have to be very careful about what measures we put in place. As to the noble Lord’s substantive point about the cost of insurance, we are well aware of this. At a previous encounter, I said that my right honourable friend the Secretary of State was shortly to have a meeting with the insurance industry. We intend to hold a further meeting with the motor insurance industry on 25 March, following the successful summits held last year aimed at tackling the high cost of premiums, especially for young drivers.

Lord Howell of Guildford Portrait Lord Howell of Guildford
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My Lords, I may be a little out of date but in my day as a Minister in Northern Ireland, which was three decades ago, Northern Ireland had the very useful practice of all drivers having a green sign for the first year after they had acquired their licence. That was 30 years ago. Twenty years ago when I was Secretary of State for Transport, we considered that idea in the department. Would it now be a little premature to reach a decision?

Earl Attlee Portrait Earl Attlee
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My Lords, it is the sort of thing that we are considering.

Countess of Mar Portrait The Countess of Mar
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My Lords, does the noble Earl agree that it is very hard to legislate for the exuberance of youths, especially when egged on by other exuberant youths, and that, even with a green plate on the back of their cars, they will test the boundaries of the law as hard as they can? I am not advocating that they should ignore the law but we have to face the facts. We were all young once and did silly things.

Earl Attlee Portrait Earl Attlee
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My Lords, experience from Sweden shows that a longer period of learner driving supervision can reduce the risk of accidents later. It is one of the things that we are looking at and we hope that it will address some of the behavioural issues.

Baroness Farrington of Ribbleton Portrait Baroness Farrington of Ribbleton
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My Lords, will the Minister ensure that in government discussions with the insurance companies, the issue of young learner drivers, particularly those on motorcycles and scooters who are working and trying to read maps when delivering pizzas, is dealt with? I understood that it was illegal to employ such drivers for deliveries. It is certainly very frightening to look at them trying to read where they are going and not being fully in control of their equipment.

Earl Attlee Portrait Earl Attlee
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My Lords, during the passage of the Road Safety Bill through your Lordships’ House, in opposition I tried to run an amendment along those very lines but it did not find favour. The reason was that a balance needs to be struck between the impact of the measures put in place and the adverse impact, including the adverse economic impact, on youngsters. It is a difficult balance but I understand the point made by the noble Baroness.

Apprenticeships

Earl Attlee Excerpts
Thursday 14th March 2013

(12 years, 11 months ago)

Lords Chamber
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Lord Young of Norwood Green Portrait Lord Young of Norwood Green
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My Lords, I will take advantage of the fact that we have not exhausted the time. This is a really key issue. I apologise if I sounded negative. I do not want to be negative but just want to get the Government to recognise the size and scale of the problem. Even though the Minister says that youth unemployment is coming down, as I am sure she knows, in some parts of the country it is not and the levels are very high, so I want to try to inject a sense of urgency into the situation.

The Minister did not really respond to the point that I made about there still being only a very small number of businesses participating in apprenticeships. What positive steps are the Government going to take? For instance, addressing the very worthwhile point made by the noble Lord, Lord Cormack, about heritage craft skills, the difficulty with those small businesses—sometimes it is just one person on their own or a small group—is, first, that they face what they see as an administrative burden and, secondly, that they worry about whether they can carry an apprentice and create that job. That is why, again, they need to be encouraged to create their own little hubs and group training associations, where some of that administrative burden can be shared.

I am critical because, as I have said, there is a danger that in the first attempt we are driving up volume rather than quality as well, although that is being addressed, which I welcome. Interestingly, one my noble friend Lord Grocott’s point, I met a young apprentice accountant as part of the Crossrail scheme. When we talk about apprenticeships, we seem to forget that what they involve is much more wide-ranging than manual skills: there are over 200 apprenticeship frameworks. We have gone well beyond what used to be regarded as the traditional route. In relation to the higher level—

Earl Attlee Portrait Earl Attlee
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My Lords, I think the House has been very tolerant. The noble Lord is speaking in Back-Bench time.

Lord Young of Norwood Green Portrait Lord Young of Norwood Green
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I did wait to see whether there were any further Back-Bench speakers and there were not, so I took the opportunity. If there are any, I will give way. However, as there are not, I will just use the opportunity that we have.

On higher-level apprenticeships, again, there is a view that it is an either/or choice: you either take an apprenticeship or you go to university. However, it should not be an either/or choice because, as we know, higher-level apprenticeships can lead to university degrees. I will end on that.

Renewable Transport Fuel Obligations (Amendment) Order 2013

Earl Attlee Excerpts
Wednesday 6th March 2013

(13 years ago)

Lords Chamber
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Moved By
Earl Attlee Portrait Earl Attlee
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That the draft order laid before the House on 19 December 2012 be approved.

Relevant document: 15th Report from the Joint Committee on Statutory Instruments, considered in Grand Committee on 27 February.

Motion agreed.

Growth and Infrastructure Bill

Earl Attlee Excerpts
Wednesday 27th February 2013

(13 years ago)

Lords Chamber
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Lord Deben Portrait Lord Deben
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My Lords, there is an issue here. I do not actually like the way proposed by the noble Lord, Lord Best, because it seems too prescriptive as to how it might be done. I am entirely in favour of this clause. It is very important, in the present circumstances, to find a way of not insisting upon the kinds of costs which were possible at a time in which prices were utterly different. I therefore like the clause but I am concerned that it does not include the possibility of local authorities saying “Yes, okay, the inspector has said that we can reduce the number by this level but the deal is that you get started—and these are the terms of getting started that we want”. In other words, I am not sure that I want to have statutory, public, universal terms because it would seem much better to have it dealt with at local level, and to lay down there which definition of commencement was necessary in this circumstance by this particular local authority.

I am not sure that I like the answer which the noble Lord, Lord Best, has brought forward but my noble and learned friend has pointed to the fact that we need some sort of answer. If we do not have one, people will be getting a deal and then not doing what we are trying to bring this forward to achieve. I do not know whether my noble friend would be right to accept this amendment, but it would be helpful to us if she were prepared, at least, to look again at having some kind of mechanism so that this was not misused, instead of being the very valuable thing which it could so easily be.

Earl Attlee Portrait Earl Attlee
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My Lords, we need to be a little careful about Report stage rules.

Lord McKenzie of Luton Portrait Lord McKenzie of Luton
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My Lords, we support Amendment 31; indeed, I have added my name to it. Compelling early undertaking is absolutely right when people have had the benefit of a change of Section 106 obligations. Having heard the noble Lord’s reformulation of Amendment 30, we support that as well, since it deals with the point that the Minister raised in Committee.

I understand entirely the thrust of Amendment 35 and what the noble Lord is seeking to achieve by it. I have a slight hesitation about the detail. I am sure it would be a lawyers’ paradise to try to determine whether 50% of the foundations have been laid or whether 50% of a road has been laid, for obvious reasons. Would it be cost, width, depth or whatever? However, that should not preclude an attempt to get something more effective than what is there at the moment, so perhaps that is a task to be done between now and Third Reading.