Transport
Jesse Norman Excerpts(5 years, 10 months ago)
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Jesse Norman
Certain functions will also be transferred to the Secretary of State, such as the Commission’s power to specify the technical requirements of the tachograph, which will become a domestic regulation-making power using the affirmative procedure.
[Official Report, Tenth Delegated Legislation Committee, 5 February 2019, c. 4.]
Letter of correction from the Minister of State, Department for Transport, the hon. Member for Hereford and South Herefordshire (Jesse Norman).
An error has been identified in my contribution to the debate.
The correct statement should have been:
Jesse Norman
Certain functions will also be transferred to the Secretary of State, such as the Commission’s power to specify the technical requirements of the tachograph, which will become a domestic regulation-making power using the negative procedure under this affirmative procedure SI.
Oral Answers to Questions
Jesse Norman Excerpts(5 years, 10 months ago)
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Sir Desmond Swayne (New Forest West) (Con)
The Minister of State, Department for Transport (Jesse Norman)
As my right hon. Friend will know, the A35 is a local road. As such, it falls to Hampshire County Council as the local highway authority.
Sir Desmond Swayne
It is a strategic route and, at £25 million, this is too much to expect of a county council, isn’t it?
Jesse Norman
I can only admire my right hon. Friend for the extreme brevity of his question. Hampshire County Council did receive an entirely unexpected £11.9 million as a result of the budget settlement of £420 million for local roads, but I take his point. The Government are allocating the council £168 million until 2021, and the council can use that as it sees fit. There is also the possibility for it to apply to other schemes, including the major roads network scheme, which, as my right hon. Friend will know, requires some national transport body agreement. If that is secured, we would be happy to look at the matter later in the year.
Mr Jim Cunningham (Coventry South) (Lab)
The Minister of State, Department for Transport (Jesse Norman)
As the House will know, I issued a written statement to Parliament last June that reported very good progress on the actions from the road safety statement. Those actions included £100 million for our safer roads fund to improve 50 of the most dangerous stretches of A roads in England, a refreshed road safety statement and a two-year action plan to address priority groups including young people, rural road users, cyclists and older vulnerable users.
Mr Cunningham
Yesterday, I had the privilege to support my hon. Friend the Member for Warwick and Leamington (Matt Western) in his application to bring in a Bill to limit working hours for bus drivers, in response to the tragic bus crash in my constituency in October 2015. Will the Minister commit to backing that Bill and allocating proper parliamentary time for us to discuss the issue?
Jesse Norman
I absolutely recognise the hon. Gentleman’s point. The incident in his constituency was indeed a tragic one. We look closely at the issue and will continue to do so.
Derek Thomas (St Ives) (Con)
Jesse Norman
As my hon. Friend will know, the Government are already transforming connectivity through the south-west by creating a continuous dual carriageway along the A30, from the M5 through to Camborne. In due course, we aim to extend this to Penzance. My hon. Friend has been a strong campaigner on this issue and I recognise his concerns, particularly for his constituents in Crowlas.
Maria Eagle (Garston and Halewood) (Lab)
My constituent Frances Molloy lost her 19-year-old son Michael in a coach crash caused by a 20-year-old tyre bursting on the coach that he was travelling on. Two other people lost their lives and others suffered life-changing injuries. Will the Minister now commit to allowing my Bill—the Tyres (Buses and Coaches) Bill—to pass through this House, instead of getting his Whip to shout “Object” at every opportunity?
Jesse Norman
I am very glad that the hon. Lady has raised this question because if she has paid close attention, she will know that we issued a written statement only a few days ago setting out a clear pattern of actions ever since Mrs Molloy raised these serious concerns with my predecessors. Those actions include guidance that has reduced the number of infractions to very low levels. We have also commissioned new research, on which my officials have met with and briefed Mrs Molloy and the hon. Lady. There really can be no question but that we have to make policy based on evidence; when that evidence is in, we will make the policy.
Charlie Elphicke (Dover) (Con)
In the area I represent, Dover, Deal and east Kent, illegal lorry parking is a major road safety problem—[Interruption]—unsurprisingly. Does the Minister agree that councils should have more powers to tackle illegal lorry parking so that the police are more able to go and fight serious crime such as county lines drugs gangs?
Jesse Norman
I thank my hon. Friend for his question on an issue that we have met on and discussed on many occasions. He will know that the Driver and Vehicle Standards Agency already has powers in Kent, on a trial basis, to take action on this. Those are proving effective, and we continue to look at whether such powers can or should be extended to local authorities.
Chris Elmore (Ogmore) (Lab)
In the last debate on road safety, I raised with the Minister the concerns of many horse riders across my constituency, including the very large number of riders who are killed on the roads because of drivers’ poor awareness of how to deal with horse riders. Will he set out what steps he has taken since that debate, perhaps saying that all the changes that I, and many other Members, asked for will be added to the highway code to protect horse riders and horses?
Jesse Norman
As the hon. Gentleman will know, the highway code already mentions horse riders in several of its provisions. At the end of last year, as he will recall, we published a safety review aimed at all vulnerable road users, including horse riders. It included, specifically, work on close passing, on which, as he will be aware, West Midlands police have taken a lead. That review contained 50 actions to be undertaken over a two-year period, and we are still in the middle of that, but I absolutely recognise the concern that he has.
Mr Philip Hollobone (Kettering) (Con)
Far too many road traffic collisions are caused by uninsured drivers, and there are far too many uninsured drivers on our roads. What is the Minister doing to tackle this issue?
Jesse Norman
Of course, that is a serious question. As my hon. Friend will be aware, we have very vigorous enforcement action being undertaken not only by the police but by the DVSA and the Driver and Vehicle Licensing Agency to try to crack down on this problem.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
Is the Minister aware that only seven people were killed in the St Valentine’s Day massacre? Yet in this country, we will shrug our shoulders when 1,700 people die on our roads this year, as they do most years. When is he going to do something about investigating every death on the roads thoroughly, with a good centrally directed and well funded unit, and when is he going to do something about the 1.4 million people a year who are being killed on the roads worldwide?
Jesse Norman
The hon. Gentleman regularly raises this issue, but I have rarely had a Valentine’s Day present as generous as that one. As he will know, contrary to his imputation, we take every road death and injury with great seriousness. As he also knows, since he will have done his homework, this country has the second-best record in the EU for road fatalities, and we stand by that record.
Karl Turner (Kingston upon Hull East) (Lab)
In his statement last week, the Minister again delayed taking effective action on dangerous old tyres on public service vehicles. I pay tribute to Frances Molloy and Tyred, who have campaigned vigorously on this very important issue. The Government’s record on road safety, I am afraid to say, has been disappointing. So will the Minister now do the right thing and support the private Member’s Bill promoted by my hon. Friend the Member for Garston and Halewood (Maria Eagle), which is due back here on 15 March and which would rid our roads of dangerous tyres on buses?
Jesse Norman
I am afraid that my answer to the hon. Member for Garston and Halewood (Maria Eagle) still stands. The fact remains that we will take action, and vigorous action, when we have evidence on this. Actions we have already taken have reduced rates of infraction to very, very low levels, although we take seriously everything that has happened. The hon. Gentleman does not seem to realise that action taken—[Interruption.] This may be a signal of the behaviour of a future Labour Government, or the previous one, but we act on the basis of evidence—and, if we did not, we would be subject to legal challenge from those who were adversely affected.
James Cleverly (Braintree) (Con)
The Minister of State, Department for Transport (Jesse Norman)
My hon. Friend is a great campaigner on this issue. He will be aware that the Department is spending more than £6.6 billion to improve local roads through local highway authority work, including £420 million most recently, much of which is available to be spent in his constituency.
James Cleverly
I thank my hon. Friend for that answer. He knows, because I have lobbied him relentlessly, that we are bidding for funding from the second road investment strategy for the A120 in my constituency, but there are other roads in my constituency, including the A131 and a number of local roads. I welcome the announcement of the money. What advice can he give me on how to ensure that I grab some of it for my lovely constituency?
Jesse Norman
I am not sure that “relentless” begins to describe the energy and vigour with which my hon. Friend pursues his campaign. As he recognises, we have already provided £4 million to Essex County Council for the A120. I understand that the council is currently undertaking a series of phased improvements to both the A131 and the A130, to enhance network capacity, but we remain interested in whatever it does on those roads in future.
Mr Clive Betts (Sheffield South East) (Lab)
I am sure the Minister is aware that, because of other pressures, councils are increasingly unable to address priorities that they would have addressed many years ago. The National Audit Office has shown that spending on road safety and traffic management across the country has fallen by 60% since 2010. Will the Minister accept that one of the most important things he can do is argue for increased funding from the Treasury for local authorities in the next spending round?
Jesse Norman
I certainly accept that one of the most valuable things we can do is argue for increased funding for local roads in the next settlement, and as the hon. Gentleman will know, we plan to do so.
Dame Cheryl Gillan (Chesham and Amersham) (Con)
If HS2 is built, the inevitable heavy traffic will add to the damage to our roads in Buckinghamshire, many of which are already congested and suffer from pollution, including popular routes such as the A413. What additional funds will the Minister make available to Buckinghamshire County Council to repair the inevitable extra damage to our rural roads, so that the cost does not fall disproportionately on Buckinghamshire taxpayers?
Jesse Norman
I am not sure I recognise that problem, but my right hon. Friend is welcome to write to me. There is every reason to think that HS2 might in fact relieve some of the traffic, because people will be making journeys that are not merely local.
Nic Dakin (Scunthorpe) (Lab)
I welcome the Minister’s comments. Is he basically saying that North Lincolnshire Council has no excuse for the potholes in the pavements and roads around our area?
Jesse Norman
It is hard for me to comment on whether the council has any excuse, since I do not know the circumstances it is under. All I can say is that it has a share in £420 million more than was expected at the end of last year.
Gavin Newlands (Paisley and Renfrewshire North) (SNP)
Maria Caulfield (Lewes) (Con)
The Minister of State, Department for Transport (Jesse Norman)
I thank my hon. Friend for raising the very important issue of HGV traffic on rural roads, which has all kinds of negative effects, including congestion, air quality and noise. She will be aware that local authorities are best placed to address the issue. They have powers under the Road Traffic Regulation Act 1984 to make traffic regulation orders that prohibit the use of HGVs on any given local road.
Maria Caulfield
I thank the Minister for that answer, but will he look at introducing mandatory commercial sat-navs to all HGVs, so they avoid using rural roads and stick to the A roads they should be on? That would also help with the enforcement of existing restrictions in villages such as Ditchling in my constituency.
Jesse Norman
I understand the problem. Some existing sat-navs are configured specifically for HGVs. Mandating them would be a major step that would undoubtedly have negative as well as positive consequences. This is primarily and mainly a market function, but protections are in place for local authorities to enforce against abuse of roads by HGVs.
Nick Smith (Blaenau Gwent) (Lab)
HGV traffic can be dangerous, and the road safety charity Brake says that school crossing patrols are vital, so does the Minister have an estimate of the number of lollipop women and men who have been cut and whether or not that has led to an increase in accidents for children walking to school?
Jesse Norman
The hon. Gentleman is of course absolutely right about the concerns of children walking to school, which was a major theme in our recent work on cycling and walking safety. Part of the work that we are doing over the next two years precisely addresses areas around schools.
Jesse Norman
I do not have the numbers to hand, but the hon. Gentleman is welcome to write to me if he has them and we can discuss them.
Mr Peter Bone (Wellingborough) (Con)
There is an important industrial estate in my constituency called the Leyland, which is served from urban Wellingborough. Unfortunately, the road bridge has been demolished and HGVs are now having to travel on rural roads. I understand that instead of the bridge being replaced, it is going to be left down, and that is causing a great deal of concern. Will the Minister be able to look into the matter and perhaps meet me to discuss it?
Jesse Norman
I am very happy to look into the matter and also for my hon. Friend to write to me. If he does that, we can consider whether to meet.
Paula Sherriff (Dewsbury) (Lab)
The A637 runs through the lovely village of Flockton in my constituency. It is a narrow road and is increasingly used by rat runners and HGVs, despite a prohibition order. There have been many instances of reckless driving and some near misses. Will the Minister meet me to discuss how we can make life safer for the people who live in Flockton?
Jesse Norman
If it is a purely local road, I am of course happy to look into the matter but it really falls to the local authority. If there is scope for the road to be part of the major roads network, which, as the hon. Lady will know, is precisely designed to relieve some of the pressures on local communities and the strategic road network, we can have that conversation as well.
Alex Cunningham (Stockton North) (Lab)
Simon Hoare (North Dorset) (Con)
The Minister of State, Department for Transport (Jesse Norman)
My hon. Friend is absolutely right to raise the question of the safety needs of horse riders. They were an important part, alongside other vulnerable road users, of the cycling and walking safety review. We are reviewing the highway code, and our work on that will be done in connection with a whole range of interested stakeholders, including the British Horse Society.
Simon Hoare
The rise of electric vehicles is, of course, environmentally welcome. However, their silence often presents a huge problem for riders, horses and, indeed, other road users as a result of the nervousness that is often caused in horses by these silent vehicles either going past or accelerating from a stop. Will my hon. Friend take this issue up with the car manufacturers to see what can be done to ensure that there is safety and environmentalism on our rural roads?
Jesse Norman
My hon. Friend will recall that I have already discussed the recognition of horse riders within the highway code and the importance that we place on the avoidance of close passing. He will also be aware that electric cars make a noise above a certain speed because of vehicle tyre slap. At low speeds, vehicle type approval regulations will mandate sound generators on new electric and hybrid electric vehicles from July this year.
Jim Shannon (Strangford) (DUP)
I thank the Minister for his answer. Horses and HGV lorries do not mix, so what consideration has been given to enhanced regulations with reference to horse safety, particularly to providing adequate guidance and protection for horse riders?
Jesse Norman
I cannot really do more than expand on my previous comment, which is that we are reviewing the highway code in this area and are working closely on issues of close passing. They are discussed in some detail in our recent cycling and walking safety review.
Ruth Cadbury (Brentford and Isleworth) (Lab)
Philip Davies (Shipley) (Con)
The Minister of State, Department for Transport (Jesse Norman)
Art Garfunkel himself could not have asked for anything better, Mr Speaker. I can only thank my hon. Friend. He will know that we have contributed several hundred thousand pounds to the scheme, and discussions are continuing. Indeed, both sides will be meeting later this month.
Philip Davies
I am extremely grateful to the Government and in particular the Secretary of State for their commitment to the Shipley eastern bypass, which is much needed in my constituency. Can the Minister tell me when the feasibility study, which the Government have kindly paid for, will be finalised and therefore when the next step forward for this project can be taken?
Jesse Norman
I can only congratulate my hon. Friend on his astonishing timing, because the Department will be discussing this matter—both the timetable and the scope of the study—with council officials on 21 February.
Helen Goodman (Bishop Auckland) (Lab)
Scott Mann (North Cornwall) (Con)
The Minister of State, Department for Transport (Jesse Norman)
I can confirm that the A39 meets the necessary criteria for the scheme. As far as I am aware, it has not yet been approved and prioritised by the sub-national transport body, but we expect that to happen by the middle of the year, and once it has happened, we will be happy to look at it.
Sarah Jones (Croydon Central) (Lab)
Tom Brake (Carshalton and Wallington) (LD)
Jesse Norman
Not only do I agree with the right hon. Gentleman, but we published a light rail call for evidence only last week, specifically highlighting all the concerns he mentions of air quality, congestion relief and so on.
Robert Halfon (Harlow) (Con)
Jesse Norman
I am grateful to my right hon. Friend for raising the issue. He will be aware that the local authority has the capacity to charge up to £10,000 a day for works overruns. We are working on a new programme called Street Manager to enable local authorities to track these works more effectively.
Jo Platt (Leigh) (Lab/Co-op)
Leigh has recently been ranked one of the worst constituencies for social mobility. We are also the fifth largest town in the country without a rail station. Connectivity matters: to connect constituencies and constituents with more opportunities to succeed, will the Minister meet me to discuss how we can help to bring rail connectivity back to the people of Leigh?
Craig Tracey (North Warwickshire) (Con)
Mr Shailesh Vara (North West Cambridgeshire) (Con)
My constituents and I have been campaigning for many years to secure a flyover on the A1 by Wittering. Will the Minister agree to meet me and my constituents with a view to progressing matters?
Jesse Norman
That sounds like a local transport matter, but I am of course happy to meet my hon. Friend and any local councillors whom he may wish to bring.
Joanna Cherry (Edinburgh South West) (SNP)
On Monday, the Secretary of State justified the non-competitive tendering process for Seaborne Freight by referring to a “change in the assumptions”. Would he care to elaborate on exactly what he meant by that? Does he think that that defence will stand up in court?
Tyres and Vehicle Safety
Jesse Norman Excerpts(5 years, 10 months ago)
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The Minister of State, Department for Transport (Jesse Norman)
Colleagues across the House have expressed concern about the potential dangers posed by ageing tyres. This is also a matter of great concern to the Government, and following my statement to the House of 23 November 2018, I want to update the House further on the measures we are taking to address it.
Colleagues will recall that in 2013 the Government issued guidance advising bus operators against fitting tyres over 10 years old to the front axles of their vehicles. This has proven extremely effective. Since June 2017, 136,263 vehicles have been checked by DVSA at annual test and 82 have been found to be non-compliant, a rate of 0.06%.
However, we have been determined to go further. In November 2018 the Government updated the Driver and Vehicle Standards Agency guidance on maintaining roadworthiness, to the effect that tyres of 10 years of age or older should not be used on the front or steering axles of heavy goods vehicles as well as buses and coaches.
All DVSA encounters with GB heavy vehicles, including buses and coaches, identified as using older tyres will be followed up. Between 23 November and 25 January, DVSA carried out 7,500 enforcement checks and found 14 vehicles using older tyres. This reinforces the picture already built up of very low levels of infringement. The changes to maintenance best practice now provide a clear basis for referring cases to traffic commissioners when guidance has been disregarded.
The DFT and its agencies continue to work together to ensure vehicle operators understand how to maintain the safety and roadworthiness of their vehicles, including their tyres, and to enforce any non-compliance.
This strengthening of the roadworthiness guidance followed amendments to the MOT and annual test requirement in 2018 to tighten the control of the use of any tyres exhibiting deep cuts to the tread area. These changes, which apply to all road vehicles subject to MOT tests, were developed in response to new evidence obtained from a DFT-funded collision investigation. This indicated that structural damage to tyres was possible due to corrosion caused by water ingress. As a result, from 20 May 2018 any vehicle found with tyres that have deep cuts will fail their MOT test. This is another example of how the DFT continue to make improvements to vehicle maintenance requirements based on available evidence, so as to improve roadworthiness and safety of vehicles on UK roads.
In addition to these measures, the Government have also commissioned pioneering new research to strengthen our understanding of the effect of age on the integrity of road vehicle tyres. No other country in the world has done work of this nature—we are pushing the boundaries of technical research in order to inform policy and ensure the safety of all road users.
The present work has been commissioned by the Department for Transport and is led by the UK’s transport research laboratory. The project has enlisted expertise from a leading laboratory in the United States, Smithers Rapra, to undertake testing and analysis to find out more about the structural qualities of those tyres. A total of 31 used tyres of different ages, taken from the UK market, have been sent to this laboratory. The sample tyres are all from a single manufacturer and have been assembled so that accurate comparisons can be made. This analysis will be used to address the question of how ageing affects tyres’ integrity. I understand that it will be the first of its kind to be published using this methodology.
The Government are committed to evidence-based policy making, in order to ensure the safety of all road users. Stakeholders and the public expect the Government to act on complete and appropriate evidence, and decisions would otherwise risk legal challenge by affected parties. As I informed the House on November 23, we expect the outcome of this research to be reported in the spring. It will be used alongside existing evidence to inform Government policy.
[HCWS1306]
Offshore Helicopter Safety
Jesse Norman Excerpts(5 years, 10 months ago)
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The Minister of State, Department for Transport (Jesse Norman)
Thank you very much, Sir Henry, and it is a pleasure to serve under your distinguished and esteemed chairmanship. I congratulate the hon. Member for Stockton North (Alex Cunningham) on securing this very important debate, and I thank everyone who has had a chance to make interventions or speeches. Not only have representatives of different parties brought a great deal of knowledge and expertise to the table, but we have heard very affecting personal stories from the hon. Members for Livingston (Hannah Bardell) and for Coatbridge, Chryston and Bellshill (Hugh Gaffney). I know I speak for everyone when I say that we are enormously grateful to those who have shared their personal experience, and we are enormously sympathetic to the tragedies of the families with whom they have come into contact; I absolutely recognise that.
Hon. Members have rightly said that the oil and gas sector is enormously important to this country. It is important not only economically, but socially and culturally to distinct communities in the country, especially around Aberdeen and the UK continental shelf. Overall, the sector supports something like 280,000 jobs and meets around half of the country’s primary energy needs, but that statement does not cover the human aspects of its local and national impact. Offshore helicopter services provide a vital link—in fact, the only possible link—to ensure the viability of the oil and gas industry in what is widely understood to be one of the most challenging and operationally testing environments. As hon. Members have said, that is the context in which we should see the fatal accidents that have occurred in recent years.
As well as recognising the specific experiences of the Members present, I pay tribute to the families of the victims of those accidents and acknowledge their suffering. They include the 16 workers and crew members who lost their lives north-east of Peterhead in 2009, the four oil workers killed off the coast of Sumburgh in 2013 and, most recently, the 11 passengers and two crew members killed in Norway, one of whom was a British citizen.
As hon. Members have noted, the state safety programme for aviation in this country defines the acceptable level of safety for commercial aviation as one that results in zero fatalities—not a small number or a few, but zero. There will always be risks and hazards associated with operating in the North sea, but we are clear—just as previous Governments were—that the safety of those who rely on offshore helicopters is paramount. As noted by my hon. Friend the Member for Gordon (Colin Clark) and by the right hon. Member for Orkney and Shetland (Mr Carmichael), that is widely recognised as being culturally central to the industry.
The UK is recognised as a world leader in aviation safety, but we cannot be complacent. I absolutely share the view of the right hon. Member for Orkney and Shetland: it was the Piper Alpha disaster that engineered this change. We must face the appalling fact that an accident could occur tomorrow in the North sea, whether through pilot error or equipment failure in helicopters or other forms of transportation. We must be responsible and aware of that fact. I think it raises the bar and reminds us of the consistent pressure to maintain safety at the highest possible level. With that goes the suggestion that regulators and Government must learn lessons from tragic incidents, whether they are caused by equipment failure or pilot error, to ensure that they do not happen again. I am a private pilot, and we know that pilot error is largely responsible for fatalities and injuries in this sector. We owe it to those who now use the service as well as to those who have lost their lives.
The CAA has rightly been discussed in this debate, and it is important to recognise the work that has already been done in this area. In 2014 the CAA published a review of the safety of offshore helicopter operations. It is important to note that that is a comprehensive piece of work—it is nearly 300 pages long and contains almost three dozen recommendations. It considered all aspects of offshore helicopter operations, including the design and certification of helicopters, continuing airworthiness, operational procedures, organisational matters, pilot training, passenger safety, and survivability and resilience in the event of an accident. It was conducted in conjunction with the Norwegian Civil Aviation Authority and the European Aviation Safety Agency.
The review put forward 32 actions and 29 recommendations to helicopter operators in the oil and gas industry. It resulted in the introduction of a number of significant measures to increase safety standards for offshore helicopter flights, including flight restrictions during certain—especially adverse—sea conditions, improved emergency exit access, better emergency breathing equipment and changes to pilot training. Every aspect, including helipads and the like, was reviewed. During the review, the CAA engaged closely with pilot and offshore workforce unions, the oil and gas industry, helicopter operators, manufacturers, Government and regulatory bodies, and other experts in the field. It is right that it engaged with the appointed representatives of workers and—if my hon. Friend the Member for Gordon is right, and I am sure he is—the larger number of workers who were not members of unions but nevertheless wished their interests to be heard, understood and reflected upon. An independent challenge team, chaired by Rear Admiral Simon Charlier and assisted by experts including representatives from Transport Scotland and the British Helicopter Association, scrutinised the review and its recommendations, often robustly, and endorsed the 300-page report. That level of independent challenge was designed to ensure confidence that the process was robust, comprehensive and thorough.
I remind hon. Members that the CAA is a blue-riband regulator, and it is rightly admired across the world for its quality in all aspects of aircraft, airframe and air management certification and review. One of the outcomes of its review was the formation of the offshore helicopter safety action group, which brought together helicopter operators, offshore industries, regulators, unions and pilot representatives to enhance standards still further.
Jesse Norman
I have got an awful lot to get through, but I would be delighted to give way.
Alex Cunningham
That body meets extremely infrequently, and often at short notice. Somebody needs to give it a good kicking to encourage it to do more. Does the Minister agree?
Jesse Norman
I am very grateful to the hon. Gentleman for raising that issue. I cannot speak about the frequency of the group’s meetings, but anyone who is scrutinising this debate with the proper level of attention, as I am sure the group will be doing, will take his remarks alone as a good kick in the pants. If those meetings have been insufficiently frequent, I encourage the group to have more; I support what he has said.
Let me say a few more things, and then I will come to hon. Members’ interventions. A number of hon. Members referred to the Super Puma helicopter, and I absolutely recognise the concerns of workers who have seen colleagues perish in that aircraft. It is important to recall that after the Norwegian accident, both EASA and the CAA placed operating restrictions on the Super Puma. When EASA cleared the helicopters to serve in October 2016, the UK and Norwegian CAAs maintained their operating restrictions to make certain the aircraft were safe to fly. They did not operate in a herd-like way. They played off each other, scrutinised each other and interrogated each other, and they did not reach the same conclusion. In doing so, they worked with, among others, representatives from Unite, the RMT and the British Airline Pilots Association. They lifted operating restrictions in July 2017 only after significant modifications were made to the aircraft and training was undertaken.
The regulators clearly did not take that decision lightly; they did so only after they were confident that the aircraft could meet stringent standards and were fit to fly. Of course, the CAA continues to work with a range of stakeholders, including unions, to provide the assurances that are publicly needed. The regulators are content, subject to the additional checks that I have described, for the aircraft to re-enter service, but the decision rests with operators and their customers. To date, none has come forward.
I absolutely respect the initiative and the viewpoint of the hon. Member for Stockton North, who seeks a public inquiry. He has made similar representations to the aviation Minister. We take these matters extremely seriously and we have given the question careful consideration, but we are not yet persuaded that that is the right thing to do. The right hon. Member for Orkney and Shetland was very wise in pointing to the potential conflicts of jurisdiction that already exist, and he said that he was concerned about the delays and lack of closure for the families.
Mr Carmichael
On that point, may I bring the Minister to the interaction between the air accidents investigation branch and the Crown Office and Procurator Fiscal Service? Surely, without compromising the integrity of either, it would be possible to have a better information-sharing regime that would minimise delays for the families. Would the Minister take that away and look at it?
Jesse Norman
That is a very interesting idea. I feel slightly as though I should withhold my own judgment, because I am not the aviation lead; Baroness Sugg is. I will absolutely take that issue up with her, because I recognise the concerns that the right hon. Gentleman describes.
It is clear that more needs to be done to provide reassurance about the safety of the helicopter fleet. As has been mentioned, after every accident the air accidents investigation branch conducts an independent and transparent investigation and publishes a very detailed report with a set of safety recommendations to the industry and the regulators.
Let me turn to some of the points that have been made, many of which are very important. My hon. Friend the Member for North Cornwall (Scott Mann) rightly reminded us that pilot error is the leading cause of death and injury in civil and commercial aviation. I echo the emphasis of my hon. Friend the Member for Gordon on embedding a safety culture.
To come back to a point made by the hon. Member for Kingston upon Hull East (Karl Turner) , it is not quite right that commercial activity is antithetical to safety. I have lived and worked in communist countries, and I can tell him that the safety records in those places, which were notionally devoted to the wellbeing of workers, was absolutely lamentable. There can be commercial pressures in any safety-oriented situation, and they must be offset by a rigorous internal culture. That is why the emphasis that we and the oil and gas industry place on that is of such importance.
A point was made about the role of the CAA. The CAA not only goes beyond the EASA recommendations, but is itself audited by EASA. The hon. Member for Kingston upon Hull East asked whether the Government wish to stay in EASA following Brexit. As I have repeatedly assured him—of course, this is a matter still for discussion—EASA is in many ways an offshoot of the CAA, and we would like nothing better than to have a comprehensive agreement that includes an appropriate relationship with EASA, whatever the legalities are, because we recognise what it does.
The hon. Gentleman asked whether offshore voters should have a majority vote on the introduction of new helicopter airframes. I cannot comment on the practicality of that. I would say, however, that offshore workers have, in effect, already spoken: they have made it clear that they do not have confidence at the moment. I think that is right.
I have very little time, and I want to allow the hon. Member for Stockton North a chance to give a final response. I thank him for securing this important debate, and I thank everyone who has made contributions—especially those who have brought their personal experiences to the table. The entire framework of the British Government recognises that those who rely on offshore helicopter operations must have their safety preserved. That is of the utmost importance. We also believe that all parties must continue to take whatever steps they can to minimise the risks in those operations and ensure confidence among those who travel in these aircraft.
Draft Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019
Jesse Norman Excerpts(5 years, 10 months ago)
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The Minister of State, Department for Transport (Jesse Norman)
I beg to move,
That the Committee has considered the draft Drivers’ Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019.
It is a pleasure to serve under your chairmanship, Mr Robertson. Following the UK’s decision to leave the European Union after the referendum, the Government have been working hard to develop a positive future relationship with the EU, which has involved a significant amount of work by the Department for Transport to prepare for a range of possible outcomes in the Government’s negotiations.
The European Union (Withdrawal) Act 2018 will retain directly applicable EU legislation in UK law on exit day, in order to provide continuity and certainty to industry and consumers without prejudice to the outcome of the negotiations. Some elements of the retained EU legislation are required to ensure that other legislation continues to function effectively once the UK has left the EU. The amendments in the draft regulations are technical and limited to what is needed for legislation to continue to function. As the Department responsible for commercial road transport, we have conducted intensive work to ensure that there continues to be a functioning legislative transport framework for this important sector in all dimensions of the economy.
For the benefit of Members who may not be aware, I will make a few remarks about the drivers’ hours rules contained in the directly applicable EU regulation—Regulation No. 561/2006—which are central to keeping our roads safe. They set maximum driving times and minimum break and rest times for most commercial drivers of both lorries and coaches. For example, the rules mean that after four and a half hours of driving, a driver must take a 45-minute break, with daily driving time normally limited to nine hours. The consequences of driving any vehicle while fatigued can of course be catastrophic, and the risks are particularly severe if heavy commercial vehicles are involved. These rules are enforced by the Driver and Vehicle Standards Agency and by the police, via targeted roadside checks and visits to operators’ premises.
The principal tool used by enforcement officers is the record generated by the tachograph, which is a device installed in relevant vehicles that records the driving, rest and break times of the vehicles and their drivers. The directly applicable EU regulation—Regulation No. 165/2014—mandates the use of tachographs by relevant drivers. The draft regulations make the changes needed to ensure that this framework will continue to function correctly after exit day.
The draft regulations make amendments in three broad categories. First, they make changes to domestic law, under the European Communities Act 1972, to update the legal provisions that implement EU law ahead of exit day, so that the regime is fully effective and enforceable. In addition to the directly applicable rules I have already mentioned, EU law includes the obligation on member states to apply the wider United Nations AETR agreement on drivers’ hours rules. With the UK outside the EU, that wider international agreement will in the future cover transport operations between the UK and the EU.
The majority of the changes under this heading are to ensure that there are explicit domestic provisions, including for offences and penalties, to fully implement the AETR. I emphasise that the AETR driving time and tachograph rules mirror the equivalent EU regulations, so this legal change does not affect the regulatory obligations on drivers and operators within the scope of the rules. Although the need for the amendments is especially relevant in the context of our EU exit, they are in any event legally required under the UK’s international obligations.
Secondly, the draft regulations make changes to the retained EU regulations, using the powers conferred by the EU withdrawal Act. With the UK outside the EU, the retained EU regulations will cover the majority of domestic transport operations. Changes are required to make the two retained EU regulations suitable for a UK context, and to ensure that they continue to function properly after exit. For example, EU processes, such as the need for the UK to seek authorisation from the European Commission for exemptions from the rules, have been removed. Certain functions will also be transferred to the Secretary of State, such as the Commission’s power to specify the technical requirements of the tachograph, which will become a domestic regulation-making power using the affirmative procedure.[Official Report, 19 February 2019, Vol. 654, c. 14MC.]
Changes are also being made in order to retain the status quo in how the UK recognises incoming drivers or equipment from EU countries. For example, a tachograph that has been type approved by an EU country’s authority remains valid for use in the UK, provided that other rules are complied with, which will help to avoid disruption to the current practices of the haulage and passenger transport industries. The policy area of drivers’ hours is devolved with respect to Northern Ireland. Although this statutory instrument, for the sake of efficiency, amends the retained EU regulation on a UK-wide basis, that does not affect the devolved nature of the policy.
Thirdly, the regulations amend domestic legal provisions, using the powers of the EU withdrawal Act. Under the current EU regulations, member states themselves put in place effective and proportionate enforcement provisions. In Great Britain that has been done by means of criminal offences set out in primary legislation and a fixed penalty regime in secondary legislation. Important amendments need to be made to those domestic enforcement provisions to make them work in a non-EU context, which is necessary to ensure that the rules continue to be clear and fully enforceable after exit.
The Northern Irish devolved Administration are preparing equivalent amendments to Northern Irish law, which will be the subject of a separate statutory instrument. The amendments made under the EU withdrawal Act will come into force on exit day. Should a negotiated exit with an implementation period be agreed, the provisions made under the Act will be deferred until the end of the implementation period, and amended or revoked as necessary.
In summary, the regulations presented here are essential to ensuring that the EU regulations on drivers’ hours, and on the tachographs that are used to enforce them, continue to work effectively in the UK from exit day. They are at the heart of the road safety regime for commercial vehicles, and I am sure that hon. Members across the Committee will share my desire to avoid any disruption to their proper functioning. I should like to be clear that these necessary legal amendments do not modify the substantive regulatory obligations placed on drivers and operators who are subject to the rules. On the contrary, they will help to provide clarity and certainty for the industry about the continuity of the policy framework through the EU exit process. For that reason, I hope that hon. Members will join me in supporting these regulations, which I commend to the Committee.
Jesse Norman
I thank both hon. Gentlemen for their support for this important piece of secondary legislation. I will address the points that they have raised.
The hon. Member for Kingston upon Hull East asked whether I concur with his view that a no-deal scenario would be devastating for the haulage industry. We should be in no doubt that the Government do not minimise the disruption that would be caused by a no-deal scenario—that is perfectly clear. That is why we are pressing for a withdrawal agreement and why I encourage hon. Members of all parties to support the Government on that.
Alan Brown
Supposing Parliament supports the withdrawal agreement—it is a long shot—what would that mean for the transition period? All it does is kick things into that transition period. What is the timeframe for getting a free trade deal and agreeing a customs arrangement to go with it? What is the timeframe for developing the technology that is needed to prevent a hard border between Ireland and Northern Ireland?
The Chair
Order. The Minister did refer to no deal, but the debate is not about a deal or no deal as such; it is about drivers’ hours. We need to narrow the scope a bit.
Jesse Norman
I apologise, Chair, for my natural courtesy, which led me astray in accommodating the hon. Gentleman. Of course, it is important to be aware of the rationale for the regulations, which is to be prepared for every eventuality. If there is an agreement, as we think there will be, they will need to be amended or revoked, as necessary. The point is that we are seeking a deal and we expect to get one.
In answer to the hon. Member for Kingston upon Hull East, we have put in place plenty of contingency arrangements. As he knows, we have bilateral agreements and European Conference of Ministers of Transport permits in place. We also have what is already proving to be a highly pragmatic response from the different countries involved in responding to the situation. That is important, because it will help to mitigate any effects of this unusual and unexpected scenario.
The hon. Gentleman asked whether businesses are ready. I think that many haulage businesses have got the message and are preparing contingency arrangements. They do not necessarily think it will happen, but they think it is important to be prepared. We have worked closely with the Freight Transport Association and the Road Haulage Association, which are the industry bodies responsible.
The hon. Gentleman asked what discussions we have had, and the answer is that we have had extensive discussions, not just at ministerial and official level with the companies themselves, but with particular bottlenecks in the south-east, where we run an entirely separate process designed to ensure proper freight and traffic flows in the event of some disruption at the border. Of course, that disruption at the border could conceivably occur as a result of a no-deal Brexit, but it could also occur for other reasons—for example, we had it in 2015 outside the context of any EU negotiations.
The hon. Member for Kilmarnock and Loudoun asked whether this was really taking back control. I will not go into that issue. He is right that we are taking over regulations, suitably amended, because those regulations had been outsourced to the EU over many years. To the extent that we are now reinstating them in our statute book, we are taking back control.
I have touched on our preparations, but the hon. Member for Kilmarnock and Loudoun also raised the important issue of the driver shortage, which we recognise. We have been working closely with the industry on its “Road to Logistics” package. It has taken some time to get that to a place where it is something that the Government can look closely at, but I am pleased to say that it is now of great interest. I recommend it to my colleagues and encourage them to work closely with the industry to try to crack the issue. Having said that, I invite the Committee to support the regulations.
Question put and agreed to.
Leaving the EU: Road Haulage
Jesse Norman Excerpts(5 years, 10 months ago)
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The Minister of State, Department for Transport (Jesse Norman)
The Government are making preparations to allow hauliers and other businesses to continue to transport goods between the UK and the EU, once the UK has left the EU. These include preparations for leaving the EU without a withdrawal agreement.
Accordingly, I am today laying a draft haulage statutory instrument designed to ensure that UK law continues to operate effectively in this area if the UK leaves the EU without a deal.
The Government will continue to license UK hauliers to the same high safety, environmental and operating standards as at present, and will require foreign hauliers operating in this country to do the same. The legislation also provides for continued access to the UK market, after exit, for hauliers from the 27 EU member states. Over 80% of haulage between the UK and continental Europe is undertaken by EU hauliers and it is important to ensure that the UK’s supply chains are protected. The UK needs to be sure that foreign products can be imported and UK products exported as usual. Our approach of offering access at this stage aims both to provide the reassurance needed for international freight flows to continue, and also to help ensure reciprocal arrangements for UK hauliers.
On its side, the European Commission has proposed legislation that would allow UK hauliers basic rights to conduct operations to, from and through the EU for a limited period of nine months after exit, if there is no deal. The Commission’s proposal will need to be agreed by the Council and European Parliament, and is being considered by both institutions urgently. This proposal is predicated on the UK’s granting equivalent access for EU hauliers to the UK, and the legislation laid before the House today provides for that access. Indeed, it is a more liberal offer, and we are discussing with the Commission whether there is scope for them to extend the EU’s offer so as to match ours.
Depending on the outcome of these discussions, we will review the UK’s offer to EU hauliers. Our legislation contains provision to suspend EU hauliers’ rights to undertake cabotage operations in the UK. We are putting in place measures to introduce such a suspension, which could be put into effect immediately after exit day if needed. Our expectation, however, is that such a suspension will not be necessary.
In parallel we have been considering bilateral and unilateral measures with EU member states. France is separately progressing with a unilateral measure to provide wider access to UK hauliers in the event of no deal. There are also 22 historic bilateral agreements that would come back into effect if the UK leaves the EU without a deal.
In addition, a multilateral quota of transport licences was introduced by the European Conference of Ministers of Transport (ECMT) in 1974 to support liberalised road freight transport between member states of that body. The licences, known as ECMT permits, allow for access between the 43 member states (which include all EU member states except Cyprus). The UK has an allocation of 984 annual and 2,832 short-term (valid for 30 days) ECMT permits for 2019. These levels were agreed through a long-standing formula approach before it was known that the UK would be leaving the EU. The Government’s expectation is that hauliers should not need an ECMT permit to continue doing a range of business in all or much of the EU, even in the event of no deal. But it is important to continue to prepare for all possible scenarios, and if it should prove necessary to use some of these permits for UK hauliers operating to EU countries, the Government have put in place a scheme to allocate these permits, as detailed under the Haulage Permits and Trailer Registration Act 2018.
UK hauliers have been applying for ECMT permits and the Government expect to inform applicants of the outcome of their applications later this week. As we expect UK hauliers will have other means of ensuing market access to the EU, we will inform UK hauliers of the outcomes to provide certainty, but will allow a period of time before these need to be formally taken and paid for by successful hauliers. This approach has been agreed with road haulage stakeholders. The 2018 Act provides appropriate arrangements for distributing new permits as may be required under any future bilateral arrangements, if these are needed.
Overall, we continue to believe that reciprocal market access will be secured for UK hauliers. While continuing to plan for all eventualities, we also believe that it is right to underline the fact that the UK is taking a positive and pragmatic approach.
[HCWS1298]
Draft Motor Vehicles (International Circulation) (Amendment) (EU Exit) Order 2019
Jesse Norman Excerpts(5 years, 10 months ago)
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The Minister of State, Department for Transport (Jesse Norman)
I beg to move,
That the Committee has considered the draft Motor Vehicles (International Circulation) (Amendment) (EU Exit) Order 2019.
It is a great pleasure to serve under your chairmanship, Mr Evans. Following the UK’s decision to leave the EU in the 2016 referendum, the Government have been working tirelessly to develop a positive future relationship with the EU. The Department for Transport is currently working on the mutual recognition of driving licences and the possibility of achieving an agreement with EU member states. We must prepare for all scenarios, however, and that is what this draft legislation does.
If approved, the order will enable a charge of £5.50 for an international driving permit, to be levied for an IDP issued in the format specified in the 1968 Vienna convention on road traffic. The document will guarantee the recognition of UK driving licences after exit day, and recognise 1968 format IDPs when presented by overseas visitors to Great Britain, in the same way that this country already does for IDPs issued under the earlier 1949 Geneva convention on road traffic and the 1926 Paris convention on motor traffic.
Mr Ranil Jayawardena (North East Hampshire) (Con)
Can the Minister confirm that the permits will be available in the post office for people up and down the land?
Jesse Norman
I am fully able to confirm that. If I am allowed to finish my speech, I will say that 2,500 post offices are already primed and ready to issue the permits.
Sir Greg Knight (East Yorkshire) (Con)
Paragraph 7.2 of the explanatory memorandum refers to two conventions: the 1968 convention and the 1949 convention. If someone applies for an international driving permit, will it cover only one of those conventions, or will it be a dual-purpose permit that covers both?
Jesse Norman
We are presently discussing the 1968 convention. Applying for such a permit now enables travel to countries that it would not have been possible to travel to post EU exit. For countries governed by the 1949 convention, a further IDP will be required.
Sir Greg Knight
My concern is that most British holidaymakers go to Spain—it is the No. 1 destination—but, as I understand it, Spain is covered by the 1949 convention and not the 1968 convention. Someone who wishes to go to Spain and who applies for the 1968 convention permit will therefore not be allowed to drive in Spain. I am anxious that the public are not misled, with ensuing chaos.
Jesse Norman
My right hon. Friend’s point is well taken; he is absolutely right to point out that Spain is governed by the other convention. People travelling to Spain will need that IDP. If they are travelling to Spain through France, they will need an IDP for both countries. That is well set out on the Post Office website and other websites, including gov.uk. We hope that will do a lot to alleviate any possible concerns.
The document would guarantee the recognition of UK driving licences after exit day and will also recognise 1968 format IDPs when presented by overseas visitors to Great Britain, in the same way we already do in this country for IDPs issued under the earlier 1949 Geneva convention and the 1926 Paris convention. All formats of IDP will cost £5.50, which, it is important to emphasise, is a charge that has not increased since 2004.
Although UK nationals will not be required to purchase an IDP if, as we expect, this country achieves agreements across the EU, the amendment is still required as the 1968 format IDP will be required to guarantee licences when driving in over 75 countries outside the EU. It is therefore important that the amendment is approved, since the 1968 Vienna convention will still come into force on 28 March 2019, irrespective of whether the UK ceases to be subject to EU law on 29 March or at the end of the implementation period.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
I apologise to the Minister for arriving late; my Whip sent me to Committee Room 12, where I sat rather bemused because the wrong statutory instrument was being discussed.
This issue is becoming increasingly complicated, is it not? Yesterday I had a delegation from the insurance industry in my office. They pointed out that the green card that goes with the driving licence will not be valid after we leave the European Union, which means that no British driver in Europe will be protected against being hit by an uninsured driver. Does that not make life very dangerous for anyone from this country intending to drive in Europe?
Jesse Norman
The fact of the matter is that, at the moment, many countries may be required to recognise it by law, but on the ground they may not do so. One of the effects of an IDP is precisely to give a recognisable, international-standard document that allows any police or enforcement agency to see under what licensing arrangement the person is travelling. There is no doubt a slight increase in the complexity, which is a result of the requirement needed to exit the EU. However, this provision is activated only in the unlikely contingency that we do not have an EU-wide relationship that allows for mutual recognition, but we fully expect to.
Mr Sheerman
Will the Minister meet the insurance industry? They are exercised about this. If someone gets hit by an insured driver in Britain, there is a security that automatically delivers protection. The one called the green card for people driving in Europe will end, so every driver from Britain who goes through continental Europe will be at risk of being hit by an uninsured driver with no insurance cover. Will he assure me that he will meet the insurance industry to talk about that?
Jesse Norman
I have learned over many years that interventions from the hon. Gentleman are rarely short, and this has been no exception. I meet the insurance industry very regularly, and I promise him that its representations have not been unheard or unmade in this context. He is right to highlight them, but they are only one part of the wider picture. This order has no direct effect on insurance as such; it is about the driving permits themselves.
UK motorists drive to Europe every year, using ferries or the Eurotunnel, and they drive in Europe, whether for business or leisure. UK holidaymakers rightly want the option of hiring a car while abroad. Although the Government are still in the process of achieving agreements with the EU, as I have described, we are committed to minimising disruption to UK motorists following our exit. The Department is taking the appropriate measures to facilitate that.
The 1968 convention facilitates international road traffic and increases road safety through consistent traffic rules. In preparation for exit day, this country ratified the 1968 Vienna convention on 28 March 2018. That international agreement will come into force one year later, on 28 March—the day before the UK leaves the EU. Following exit day, the convention will guarantee the recognition of UK vehicles and driving licences when used in 23 EU member states, plus Norway and Switzerland and more than 70 other countries globally. The earlier 1926 and 1949 conventions also remain in place, guaranteeing UK licences in four EU member states, plus Iceland and more than 40 countries globally, including Japan and the USA, if the motorist presents the supporting IDP with their driving licence.
Sir Greg Knight
The Minister is being very generous in giving way. Is there any legal reason why the Government cannot issue a comprehensive permit that covers all the conventions? Otherwise, a motorist will have to have two or three permits in his pocket.
Jesse Norman
My right hon. Friend is absolutely right to ask that question—as he can imagine, it was the first question that I and officials asked. It is not possible in law because of the nature of the conventions and the relationships they bear to one another. We are fettered by the way in which the international structure of those conventions works. I would like nothing better than to have a consolidated format that could be applied for, but unfortunately it is simply not possible because of the way the treaties work.
The changes made by this statutory instrument will provide certainty for UK motorists driving in the EU following exit day in a no-deal scenario. The SI specifically will amend provisions of the Motor Vehicles (International Circulation) Order 1975 to implement provisions of the 1968 convention concerning IDPs. These amendments will extend the 1975 order to the 1968 format IDP and extend the power to charge a fee for the issue of IDPs to IDPs issued under the 1968 convention in addition to those issued under the earlier conventions. The 1968 format IDP will cost £5.50 and will be valid for three years. This amendment therefore ensures that UK motorists can exercise their international legal rights to drive in the countries that are party to the 1968 convention once it comes into force for the UK on 28 March of this year.
The amendments also provide for the recognition of a 1968 IDP issued to non-UK residents by another country that is party to the convention, for those who may be temporarily visiting the UK. Although the UK will continue to recognise both EU and non-EU driving licences for up to 12 months, IDPs may provide immediate recognition and legitimacy at the roadside if the licence is not printed in the Roman alphabet. While we are still seeking agreements with member states on licence recognition and exchange, the SI will ensure that IDPs provide certainty for UK motorists who seek to travel in the EU following exit day.
IDPs under previous international conventions have been issued for many years, so the concept is not new, but the SI will expand the number of countries in which IDPs can be used and will enable the Government to issue a document covering them for the 1968 convention. The 1968 format IDP has a longer validity period and therefore reduces the frequency of reissue. To ensure that UK drivers will be able to get hold of these documents, we have significantly increased the numbers of issuing post offices: from this Friday—assuming that the Committee is content with the SI—2,500 post office branches will be issuing the document to licence holders, a huge increase compared with the 89 post offices that issue them today. I hope that colleagues will join me in supporting the order, which I commend to the Committee.
Jesse Norman
I think, Mr Evans, that the decisive and energetic interventions have exhausted the volcanoes on my side of the Committee. I am grateful to the Opposition and Scottish National party spokesmen for their contributions and for their support for this small but important piece of legislation. I am sure that the hon. Member for Kingston upon Hull East will understand that this is not the place to rehearse the already considerable arguments over the benefits or no of no deal, but I will pick up on the three specific points he raised about the order.
The hon. Gentleman asked whether the Department is ready with additional resourcing. As he will be aware, the vast preponderance of the resourcing for this falls on the Post Office. To pick up on the point made by the hon. Member for Linlithgow and East Falkirk, we have talked historically about up to 4,500 post offices. The first 2,500 of them are primed and ready to go; were it required, in the case of extreme levels of demand, we would be able to go to 4,500, but it is a staged process. That seems sensible, because at the moment we issue about 110,000 IDPs a year. Obviously that will go up, for reasons that hon. Members have described, but we want to be able to address whatever the demand may be, and we have made that contingency arrangement.
The price of £5.50 has been set on a cost recovery basis and therefore covers the cost involved. With regard to DFT guidance, the hon. Member for Kingston upon Hull East will be aware that it is already on the gov.uk website, on post office websites and on the AA and RAC websites, at least—I am sure that other motoring organisations will feature it in due course. There will be no absence of available guidance for people who are making journeys. Of course, it is widely understood that one of the effects of Brexit may be to create some complications for international travel, so we expect that guidance to be widely sought and reviewed.
Sir Greg Knight
I am grateful to the Minister for giving way again; the volcano is not entirely exhausted. Does he have any plans to introduce an international driving permit app or to make the permit available so that motorists can have it on their phone, rather than needing to carry a paper copy around with them?
Jesse Norman
That is a very interesting and helpful suggestion. As my right hon. Friend will be aware, at the moment it is not possible to apply online for the 1968 convention permit. We are therefore unable to offer that service, because the format is determined by the conventions, but I am very grateful to him for that constructive suggestion, and I will ask officials to look again at whether the applicable law may permit something. I recognise, and I am sure the Committee recognises, that that would have considerable value. I will leave it there. I am grateful for all the interventions that have been made and for the support of the Opposition parties and my own colleagues.
Question put and agreed to.
Draft Airports Slot Allocation (Amendment) (EU Exit) Regulations 2019
Jesse Norman Excerpts(5 years, 10 months ago)
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The Minister of State, Department for Transport (Jesse Norman)
I beg to move,
That the Committee has considered the draft Airports Slot Allocation (Amendment) (EU Exit) Regulations 2019.
It is a great pleasure to serve under your chairmanship, Sir David.
The draft instrument will be made under the powers conferred by the European Union (Withdrawal) Act 2018 and will be needed if the UK leaves the European Union without a deal in March. As with several other statutory instruments, it is a small and technical, but important, piece of legislation. As hon. Members are aware, the Government remain committed to leaving the EU with a deal that has been approved by Parliament. On 21 January, the Prime Minister set out her plans to deliver that deal. Although the Government strongly believe that leaving with a deal is the best outcome for the UK and the EU, it is our duty to make reasonable preparations for all scenarios, including by ensuring that there is a functioning statute book, irrespective of the outcome of the negotiations.
The instrument is an important part of those preparations and ensures that there will continue to be a well-functioning legislative and regulatory regime for aviation, including for the allocation of slots at congested airports. “Airport slots” refer to an air service’s right to use a bundle of facilities at airports—for example, runways, stands and terminals—for landing or take off at particular dates and times.
At congested airports where the demand for slots exceeds the available infrastructure, EU regulation 95/93 sets out the process for available slots to be allocated fairly and transparently. It sets out the conditions that must be met for the airport to be considered as having its schedules facilitated or subject to slot co-ordination. Factors that should be taken into account when designating an airport as slot co-ordinated include:
“When air carriers representing more than a half of the operations at an airport…or the airport authority consider that capacity is insufficient for actual or planned operations…or…when new entrants encounter serious problems in securing slots”.
The EU regulation specifies that any decision that an airport should be subject to slot co-ordination should be taken following thorough capacity analysis and consultation with airport users, including air carriers, airport authorities, air traffic control authorities and passengers’ organisations. The airports in the UK currently designated as fully co-ordinated are Birmingham, London City, Gatwick, Heathrow, Luton, Manchester and Stansted. Bristol airport is partially co-ordinated for the summer season.
The EU regulation also sets out that slots should be allocated in a neutral, non-discriminatory and transparent manner by an independent slot co-ordinator appointed by the relevant member state. Airport Coordination Ltd, the UK-appointed slot co-ordinator for UK airports, has performed that function for some time.
Under the EU regulation, slots can be allocated on the basis that the air carrier in question has held the slot in the previous season and has demonstrated that it used the slot for at least 80% of that season. Any remaining unused slots are returned to what is known as the “slot pool”, alongside any newly available slots. Some 50% of slots in the slot pool are available to new entrants. The regulation also makes provision for member states to reserve certain slots for essential domestic services, such as public service obligations.
Under the EU regulation, it is possible for slots to be exchanged between air carriers or for a carrier to transfer a slot to a different route or type of service, with the exception of slots allocated to new entrants, which may not transfer or exchange slots for the first two seasons. Finally, the regulation contains provisions for reciprocity to ensure that Community carriers that request slots in non-EU countries are treated fairly.
The draft instrument makes minor changes to ensure that, once the UK has left the EU, retained EU regulation 95/93 continues to function correctly alongside the domestic Airports Slot Allocation Regulations 2006, which were made to implement the EU regulation. Most of the changes that the instrument makes are to ensure that the scope of the retained regulation is correct—for example, by amending article 1 to reflect the fact that the retained regulation will apply only to airports in the United Kingdom after exit day; by removing references to “community law” and EU treaties; and by removing or amending references to “member states”, which will no longer include the UK after exit day.
The EU regulation confers certain functions on member states, such as designating the airport as having its schedules facilitated or co-ordinated, and appointing a schedules facilitator or airport co-ordinator. These functions were conferred on the Secretary of State by domestic implementing regulations in 2006. This instrument corrects the EU regulation, so that when it is retained in UK law on exit day, these functions will be conferred on the Secretary of State in line with the implementing regulations. Other roles for EU institutions, such as the European Commission’s role in carrying out investigations, are removed or replaced.
The instrument also makes corrections to some of the definitions contained in the EU regulation, for instance substituting the definition of a Community air carrier with a definition of a UK air carrier. The EU regulation defined “new entrant” for the purposes of allocating slots from a slot pool as air carriers requesting slots for scheduled services between two Community airports, where at most two other carriers operate that route. This instrument amends that definition to allow for continuity, so that the regulation retained in UK law captures both air carriers requesting slots for passenger services between two UK airports and carriers requesting slots for services between a UK airport and an airport in a European economic area state.
The EU regulation provides that a proportion of slots can be reserved for public service obligations—PSOs. The SI amends the definition of a PSO in line with the corrections already made to provisions in EU law on PSOs through the Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018. This means that instead of being open to Community air carriers, qualifying air carriers will be eligible to operate PSOs in the UK. This will include UK air carriers and carriers from other countries that have cabotage rights in the UK—that is, the right to fly between two points in the UK. As is currently the case, any PSO can only be limited to one carrier by the Secretary of State after a tendering process has been followed. This change has no effect on the PSO routes already operating in the UK, which I know will be of interest to Members.
On reciprocity, this instrument amends the provisions in the EU regulation so that instead of ensuring that Community carriers requesting slots in non-EU countries are treated fairly, the provisions ensure that UK carriers requesting slots in countries other than the UK are treated fairly with respect to the allocation of slots at that country’s airports. The instrument therefore sets out that it is the Secretary of State, rather than the European Commission, who may wholly or partially suspend the operation of the retained regulation 95/93 in relation to air carriers from a non-UK country. The EU regulation currently provides for that action to be taken through a regulation and this instrument transfers that function to the Secretary of State, who could carry it out through regulations following the normal negative resolution procedure.
Finally, this instrument makes some minor changes to the 2006 implementing regulations, for instance removing the requirement for co-ordination committees at airports to invite the European Commission to meetings. It also makes a change to annex 13 to the European economic area agreement, which requires parties to the agreement to inform the European Commission about serious difficulties encountered by UK air carriers in obtaining airport slots in third countries. This provision will not apply to the UK after exit day when it is no longer a party to the EEA agreement, and so will be removed by this instrument as it is redundant.
We are continuing to work to achieve a positive future relationship with the EU and a deal that has the support of the House, but we are also continuing to ensure that the UK’s legal framework for aviation and the allocation of airport slots remains operable in a no-deal scenario. I commend this instrument to the Committee.
Jesse Norman
I am happy to respond to the concerns raised by the hon. Member for North Ayrshire and Arran. She has said that the instrument is a missed opportunity to support Scottish airports; unfortunately, that is a misreading of the secondary legislation. The only purpose to which the legislation can be put, under the European Union (Withdrawal) Act, is to transfer EU legislation—suitably corrected—into UK legislation. The question of whether to approve any future legislation that might affect those terms is a further decision for Parliament; all that can be done under this piece of law is to “lift and shift”, which is what this instrument does. In my remarks, I made it perfectly clear that nothing has been done through the instrument that could in any way affect the public service obligations from which Scotland benefits.
The hon. Lady raised the matter of discussions. The Department and the Government have always been engaged, ready and willing to have discussions about the terms of an air services agreement. The concern has not been on our side; the concern has been about what position the EU wishes to take. I am sure that the hon. Lady will be reassured that many of the moves that have been made over the past few weeks have been positive ones, notably the declarations that there will be overflights over EU states, that there will be a 90-day period of visa-free access, and that security checks and other measures will not be replicated in the aftermath of Brexit.
The hon. Lady asked a question about the briefing from the Airport Operators Association. I am afraid that I have not seen that briefing, so I cannot comment on it, but I invite her to send it to me if she would like.
Patricia Gibson
The Minister has said that he has not read the briefing from the Airport Operators Association, but does he understand the very serious concerns about the prospect of a no-deal Brexit, for which we seem to be preparing today?
Jesse Norman
If I may say so, those concerns are no more than the concerns we within the Government have expressed about the need for a deal, and that is what we are pressing for. As we have said repeatedly, we support a deal and are pressing for one. We invite the hon. Lady’s party to support a deal, which it has so far failed to do. The fact that the deal is being impeded in part by the votes of her own party casts her comments in an ironic light. However, that has not been the problem; the problem has been on the other side of the equation.
The hon. Lady raised the issue of whether Scotland is being short-changed by this legislation. In fact, the exact opposite is true: the interests of Scots are being fully protected within the legislation, and we would expect them to remain so.
I am happy to answer questions, as I have done so far. This is an important and small, but technical, piece of legislation that we need in order to continue to prepare for Brexit, and I commend it to the House.
Question put.
Draft Air Services (Competition) (Amendment) (EU Exit) Regulations 2019
Jesse Norman Excerpts(5 years, 10 months ago)
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The Minister of State, Department for Transport (Jesse Norman)
I beg to move,
That the Committee has considered the draft Air Services (Competition) (Amendment) (EU Exit) Regulations 2019.
It is a pleasure to serve under your chairmanship, Sir Henry. The draft instrument will be made under the powers conferred by the European Union (Withdrawal) Act 2018 and will apply if the UK leaves the European Union in March without a deal. Although we strongly believe that leaving with a deal is the best outcome for the UK and the EU, it is the Government’s duty to make reasonable preparations for all scenarios. That includes ensuring that there is a functioning statute book, irrespective of the outcome of negotiations. The regulations are of a very minor and technical nature.
The effect of section 3 of the 2018 Act is that any direct EU legislation in force and applicable on exit day will automatically become part of the UK’s statute book. That includes Regulation (EC) 868/2004, which is intended to provide protection for Community air carriers against injury caused by subsidisation and unfair pricing practices relating to air services between EU member states and third countries. However, as Members may be aware, that EU regulation has never been used and is currently in the process of being replaced. The instrument we are considering today therefore simply makes the corrections necessary so that the version of Regulation (EC) 868/2004 brought into UK law by the 2018 Act is in principle legally operable after exit day.
The EU regulation sets out the process and requirements for imposing redressive measures—in practice, fines or tariffs—where it has been demonstrated that subsidies or unfair pricing practices by third-country bodies and air carriers on routes between EU member states and third countries have caused injury to the EU aviation industry.
Turning first to subsidies, under the EU regulation, subsidies are deemed to exist where a Government or regional or other public body of a third country has transferred funds, forgone revenue or provided services or goods beyond basic infrastructure. The same applies if that Government or regional or public body has made payments to a funding mechanism or has instructed a private body to do so.
Turning next to unfair pricing practices, the EU regulation sets out that such practices are considered to exist in relation to specific routes where non-Community carriers benefit from a non-commercial advantage and charge air fares that are sufficiently below those offered by competing Community air carriers as to cause injury. The provisions in the regulation for imposing redressive measures apply to unfair pricing practices only where these go beyond normal competitive pricing practices. The regulation sets out factors that should be considered when comparing airfares, which include: the actual price at which tickets are offered for sale; the number of tickets available at the allegedly unfair price; any restrictions and conditions attached to these tickets; the level of service provided by all carriers operating the air service in question; and the actual costs of providing the services.
Where an investigation has determined that the subsidies or unfair pricing practices in question have caused injury to the EU aviation industry, the EU regulation sets out that redressive measures can be imposed. These measures can be either provisional, for a maximum period of six months, or definitive. The EU regulation envisages that any redressive measures would be imposed by means of a regulation and enforced by member states.
The level of the measures should be set so that they offset the benefit from which the non-Community carrier has benefited and should be less than the total amount of any subsidies. Any measures imposed to offset unfair pricing practices should not exceed the difference between the fares charged by the non-Community carrier and the fares offered by the Community carrier. Definitive measures should remain in force only for the length of time necessary to offset the subsidies or unfair pricing practices that are causing injury.
The draft instrument makes only minor corrections to the retained EU Regulation (EC) 868/2004 to ensure that the regulation continues to be legally operable after exit day. The substantive requirements for assessing whether there has been subsidisation, unfair pricing practices or injury to industry remain exactly the same. The changes made by the instrument are intended primarily to ensure that the scope of the retained EU regulation is correct once the UK has left the EU. Amendments made by the instrument include, for example, the substitution of references to “Community” with references to the “United Kingdom”.
The draft instrument has a number of effects. The retained regulation applies where there has been injury to the UK aviation industry instead of the Community industry. Instead of applying where there are unfair pricing practices by non-community air carriers on certain routes to and from the EU, the retained regulation will apply where non-United Kingdom air carriers have engaged in unfair pricing practices on certain routes to or from the UK. Similar changes apply in relation to the subsidisation provisions in the retained EU regulation. The instrument also transfers functions currently carried out by EU institutions to appropriate bodies in the UK. The European Commission, for example, is currently tasked with carrying out investigations covering subsidisation and/or unfair pricing practices. The draft instrument transfers that function to the Civil Aviation Authority.
Finally, the draft instrument transfers the function of imposing provisional or definitive redressive measures. As the EU regulation sets out that that should be done using a regulation, the draft instrument also sets out that any provisional or definitive redressive measures would be imposed by the Secretary of State through regulations. I want to make it clear that we do not expect to use those powers, but if we do, in order to allow parliamentary scrutiny and debate, any such regulations must follow the affirmative resolution process and be approved by both Houses of Parliament.
We continue to work hard to achieve a positive future relationship with the EU and to ensure that the UK’s aviation framework in law remains operable in a no-deal scenario. I commend the regulations to the Committee.
Jesse Norman
I am very grateful to the Opposition for their support for the instrument. I am very glad that we can bring this small but important change into law with their support.
Question put and agreed to.
Dartford-Thurrock River Crossing Charging Scheme
Jesse Norman Excerpts(5 years, 10 months ago)
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The Minister of State, Department for Transport (Jesse Norman)
The Dartford-Thurrock crossing charging scheme account for 2017-18 is published today under regulation 3(1)(d) of the Trunk Road Charging Schemes (Bridges and Tunnels) (Keeping of Accounts) (England) Regulations 2003. A copy of the accounts will be placed in the Libraries of both Houses.
[HCWS1259]