Draft Motor Vehicles (Wearing of Seat Belts) (Amendment) (EU Exit) Regulations 2018

Jesse Norman Excerpts

Wednesday 16th January 2019 General Committees

[The Minister of State, Department for Transport (Jesse Norman)]

I beg to move,

That the Committee has considered the draft Motor Vehicles (Wearing of Seat Belts) (Amendment) (EU Exit) Regulations 2018.

It is a pleasure to serve under your chairmanship, Mr Hanson. As the Committee will appreciate, the draft regulations are a very minor and technical change to the law on seatbelts. I am keenly aware of hon. Members’ interest in proceedings in the Chamber, so I do not propose to detain them for longer than is necessary.

The draft regulations are made under powers contained in the European Union (Withdrawal) Act 2018. Their principal purpose is to make technical changes to ensure that domestic seatbelt legislation continues to work after the UK’s withdrawal from the EU. It is important to say that they will not make any substantive changes to domestic seatbelt wearing policy; if approved, they will maintain the status quo.

This legislation is a devolved matter in Northern Ireland, but in the absence of a Northern Ireland Executive and in the interest of legal certainty, the UK Government will take through the necessary secondary legislation for Northern Ireland. Accordingly, the draft regulations will make changes to legislation applicable both in Great Britain and in Northern Ireland.

There is no doubt that the introduction, over a number of years, of the compulsory use of front seatbelts, rear seatbelts and child restraints has had a highly beneficial effect on road safety. It should be borne in mind that failure to adhere to the rules on the use of seatbelts and child restraints carries a fixed penalty fine of £100— £60 in Northern Ireland—or a maximum fine of £500 in the magistrates courts. It is therefore important that the law governing those obligations remains clear.

The Government consider that it is only by making the technical changes in the draft regulations that clarity can be achieved for drivers, passengers and those responsible for enforcing the law. In our view, maintaining the status quo, both on seatbelt and child restraint use obligations and on recognition of medical exemption certificates, is the most appropriate way to achieve that clarity.

In essence, the draft regulations will make two key changes. First, they will remove powers and duties in the Road Traffic Act 1988 and the Road Traffic (Northern Ireland) Order 1995 to make subordinate legislation for the purpose of implementing an EU directive. Secondly, they will amend EU references in subordinate legislation by replacing “another member State” with “a member State”, thereby reflecting the fundamental change in the UK’s relationship with the EU.

The removal of existing powers and duties to make subordinate legislation for the purpose of implementing an EU directive is required because such powers will no longer be needed after the UK’s withdrawal from the EU. The draft regulations will achieve the removal of the powers to implement the EU directive by means of a straightforward deletion of the relevant powers from Great Britain and Northern Ireland legislation. The duties to implement the EU directive will also be deleted and replaced with a power that allows the UK to achieve the same outcome—the power to decide whether there should be an exemption from wearing a seatbelt for any person holding a medical certificate issued in an EU member state.

Replacing “another member State” with “a member State” is necessary to ensure that the law remains clear and continues to have effect when the UK is no longer a member state of the European Union. Without those changes, it is possible that the relevant provisions would be rendered legally ineffective or questionable.

These amendments to subordinate legislation will ensure three things in particular. First, medical certificates issued to drivers and passengers in EU member states who cannot wear seatbelts on account of a medical condition will continue to be recognised in the UK. This will prevent a situation whereby, for example, a driver resident in an EU member state who holds such a certificate issued by that state would either need to apply to a UK health practitioner for an exemption or be committing an offence if they did not use a seatbelt.

The second objective is to ensure that passengers are obliged to wear an adult seatbelt even when the only belt available was approved by an EU member state and is not otherwise compliant for use in the UK. That is important because there is an exemption from the requirement to wear an adult seatbelt when no compliant seatbelt is available. If such seatbelts ceased to be compliant by virtue of our not making this technical amendment, their non-use would no longer constitute an offence.

What that means in practical terms is that a failure to make the regulations could have adverse consequences for road safety. After exit day, any lack of clarity over what constitutes a compliant seatbelt could lead to drivers and passengers with seatbelts approved by “another member State” choosing not to wear those belts—clearly not a safe or sensible policy from the Government’s perspective. Making the regulations maintains the current position that seatbelts must be worn.

The third objective is to ensure that driving in the UK with a child restraint system that would meet the requirements of the law of an EU member state, but that would not otherwise meet the requirements of domestic seatbelt-wearing legislation, does not become an offence. We want to avoid confusion for any family travelling to the UK over whether that child restraint is legal.

The Government see considerable benefit in maintaining the status quo, enabling people from both the UK and the EU to carry on using the same child restraints on UK roads after exit day as they do now. In essence, we wish domestic legislation to continue to work effectively, in order to retain good travel, tourism and business access from EU member states following this country’s exit. I commend the regulations to the Committee.

Oxford to Cambridge Expressway

Jesse Norman Excerpts

Friday 11th January 2019 Commons Chamber

[The Minister of State, Department for Transport (Jesse Norman)]

I am grateful to the hon. Member for Oxford West and Abingdon (Layla Moran) for ending a long week with a little digestif on a topic we have discussed in different ways over a considerable period. I congratulate her on securing the debate, which is the latest in a sequence of public discussions we have had about rail and road links, and other forms of transport, in Oxfordshire.

As the hon. Lady kindly acknowledged, I know from my visit to her constituency last year that there is very strong interest in the proposals for this road, and particularly in what they may mean for Botley. I thought her speech was going terribly well until she introduced a rather unnecessary party political note at the end. The fact is that I get lobbied by Members of Parliament from around Oxfordshire of every political stamp, and she is quite prominent among them. She should be grateful for that, and delighted. As my hon. Friend the Member for Henley (John Howell) mentioned, this project originated in proposals by the coalition Government, which had Liberal Democrat support. We do not know quite where the Labour party is on the issue, but I have no doubt that, if it reflects on the project, it will see that it is of national as well as local significance.

I will of course turn to the hon. Lady’s questions about route design, but it is important to be clear about the wider issue of why the Government believe it is important to fill the “missing link”, as it has been called, between the M40 at Oxford and the M1 at Milton Keynes and to develop other road enhancements around Oxford. The arc between Oxford and Cambridge is a nationally—conceivably even globally—significant project. Two of the region’s universities are ranked in the global top four, and it is internationally competitive in attracting investment in a whole range of areas of science and technology. It has key industry concentrations in areas such as IT, life sciences, automotive engineering and professional services. We believe that, with the right package of interventions and investment, there is a further transformational opportunity to amplify the position of the arc, the cities that it links and the space in between as a world-leading academic and industrial powerhouse.

It must, however, be acknowledged that, statistically, Oxford and Cambridge are two of the least affordable places to live in the UK, with house prices double the national average. The hon. Lady was coy about whether she wanted house prices to go up or down, and it would have been interesting to know which it was. If they go up, that will benefit her constituents who own houses, but if she wants them to go down, she shares the Government’s view that more housing would be a good idea, and that steers her in the direction of the housing associated with this project and with east-west rail.

According to analysis by the National Infrastructure Commission, a shortage of housing presents a fundamental risk to the continued success of the area—and, of course, there is a wider shortage in the country. The commission estimates that taking action in the area could unlock more than 1 million new jobs and increase economic output by £163 billion a year. Those are enormous and, as I have said, potentially transformational numbers. Let me put the scale of that growth in context: £163 billion is roughly equivalent to an economy the size of Scotland’s. Even without such transformational growth, traffic growth of up to 40% by 2035 is forecast in the region and threatens to seize up the existing road infrastructure. The hon. Lady was right to raise traffic concerns—I absolutely agree with her about that—but separating strategic from local traffic, which is one of the goals of this project, may help to ease the congestion.

The Government are taking action through a commitment to investment in two infrastructure projects which will, we hope, transform the ability of local people and businesses to get about. Our investment in both east-west rail and the Oxford-Cambridge expressway will unlock economic growth and new housing. In particular, the expressway is expected to reduce journey times between Oxford and Cambridge by up to 40 minutes. Some have argued that we should build only one of those routes, but the Government disagree. Both road and rail have important roles to play, and they have different uses. They provide choice for users and competition, and they avoid overcrowding on unimproved networks.

As the hon. Lady said, some have also argued that we should redirect our investment to other parts of England to support economic growth, jobs and housing elsewhere. As she will know, no Government have taken that priority more seriously than this one. That is why we are investing in road, rail, active transport and other transport modes to support the goal of national and, indeed, rebalanced economic growth at rates not seen for a generation.

At the time when we announced that we would back the expressway, we also announced the dualling of the A66 across the Pennines and our commitment to improving the M60 around Manchester. Those are both very significant projects.

[Mr Steve Baker (Wycombe) (Con)]

I apologise for having missed the first few minutes of the debate.

Although Wycombe is not affected by this route, other parts of Buckinghamshire including Milton Keynes will be, as will my right hon. and hon. Friends in the Government who live along it. My hon. Friend has talked of transformational growth, and of both economic and housing growth. Can he reassure me that he will consult Members of Parliament who are currently in the Government—or, indeed, in the Chair—about their views on the project, and will ensure that our new unitary authority is fully involved as it develops?

[Jesse Norman]

As you and other colleagues will know, Mr Speaker, it is terribly important to be aware that no road can be built without consultation, and the scale of this road requires a consultation of commensurate scale and depth. A great deal of informal consultation has already been undertaken by Highways England and by the Government, and we expect it to continue.

As the House will be aware, we have been making substantial investments across the country. We have invested in dual carriageway links between Basingstoke and Taunton on the A303 and on the A30 through Cornwall, and in the motorway route between Newcastle and London.

Let me now turn to the question of the route for the expressway and its design. Last September the Government announced the preferred corridor for the expressway, central corridor B, with options to pass east or west—or, as one might see it, north or south—of Oxford. The preferred corridor was chosen following extensive engagement with local authorities, MPs and interested parties including local environmental groups. It broadly aligns with east-west rail, making it easier for people to choose between different modes of transport, improving competitiveness between the two modes and reducing car dependency for existing and new communities.

It is important for the House to be aware that we have not ruled out any options at this stage. That is a preferred route. We do not make prejudgments about decisions as to the extent to which existing roads are upgraded versus new routes constructed. We have not prejudged any decisions about the number of lanes, junctions, or other features of the road.

[Layla Moran]

If this a preferred route, does that mean the ruling out of Otmoor is not absolute, or is it?

[Jesse Norman]

As I have said, we have not made prejudgments. Our strong preference is not to cross Otmoor. We have therefore selected options that do not do that; we have given that very clear signal. But it is important to say that we are still at a relatively early stage of the process, and our preferred routes are just that, and are subject to further discussion, consultation and review. The Government and Highways England need to do serious further analytical work to develop, design and route options that are workable for communities and the environment, that facilitate freight movements, and that ease people’s travel for work and leisure.

As has been mentioned, there are considerable constraints of many different kinds in relation to Oxford, and those are part of the wider process of evaluation. I recognise that this will be particularly important for the hon. Lady’s constituents in Botley, as it is for those of other colleagues in the region who are affected both directly and indirectly. Their concerns expressed to her about the possibility of widening the A34 and the potential impacts on safety and emissions were made very clear to me when I visited the area—and walked around it, as the hon. Lady said—as they have been again today by her.

Local feedback is an important part of this process and has already influenced it. As has been said, the preferred corridor avoids Otmoor precisely because it has been widely recognised as an area of particular environmental significance. The Government wish to develop the scheme overall in a way that is sensitive to the natural, built and historic environment, and all those factors will be in play. Those considerations have played a central role in selecting the preferred corridor so far, and a full environmental assessment will be undertaken as part of the route development. More widely, the Department will continue to listen to interested parties of every stamp and from every quarter of the compass as it develops route options for public consultation later this year.

There will be a full consultation on route options to help shape the design so that it meets the needs of local people and businesses and the country as a whole. Indeed, the Department has commissioned England’s Economic Heartland, the sub-national transport body that comprises local council leaders across the region, to undertake a connectivity study in parallel with the work we are doing. That study will look at how the expressway can deliver wide-ranging benefits to parts of the country outside the immediate vicinity of the corridor and will go some way towards addressing the question raised by my hon. Friend the Member for Wycombe (Mr Baker).

All this design and analytical work will lead to a public consultation on possible routes later this year, when people will be able to have their say on route options, as well as the overarching case for the scheme. A further public consultation will be held on the design of the preferred route.

The expressway is due for delivery in 2030. By that time much work will have been undertaken on Oxfordshire’s transport infrastructure. The hon. Lady touched on some of that. East-west rail will be one of the country’s most strategically important rail projects, reinstating a rail link between Oxford and Cambridge. The Government reconfirmed our commitment to that project at the autumn Budget, and it is on schedule for delivery by the mid-2020s. Highways England is developing a series of safety enhancement projects for the A34; the hon. Lady asked about that. The work is currently at feasibility stage and interactions with the different expressway route options are being assessed. On the A34 Lodge Hill interchange improvements, Oxfordshire County Council is leading discussions with Highways England and the Government to develop a suitable scheme that meets local needs.

We of course recognise the importance of walking and cycling. I do so at least as much as any Member of Parliament, as I cycle to and from this building every day of the working week. We note the recommendations of the Gilligan review, which the hon. Lady and I have discussed. Local authorities can channel investment for cycling and walking from local funds and from the relevant national funding streams, of which there have been a plethora of late, including the local growth fund, the future high streets fund announced in the last Budget and the housing infrastructure fund that will come in later this year. There are also the Highways England designated funds in this road investment strategy and in the next period, and the clean air fund.

I conclude by assuring Members of this House that there will be ample opportunity for them and their constituents to express their views and to shape decisions about the expressway in a way that preserves and safeguards value for future generations.

Question put and agreed to.

Oral Answers to Questions

Jesse Norman Excerpts

Thursday 10th January 2019 Commons Chamber

[Andrew Rosindell (Romford) (Con)]

12. What assessment he has made of the potential effect of the delay to Crossrail on the London economy.

[The Minister of State, Department for Transport (Jesse Norman)]

My hon. Friend is absolutely right to raise the important question of Crossrail. He will know that it is a wholly owned subsidiary of Transport for London, and it is for TfL in the first instance to evaluate the future. Notwithstanding recent hiccups, we feel excited about the potential for the project.

[Andrew Rosindell]

I thank the Minister for his reply, but he will understand the huge disappointment in Romford, where we were hoping that Crossrail would be coming into action much sooner. At least partly because of the Mayor’s poor financial management of TfL, we have to wait a lot longer, so will the Minister assure the House that the new funding package will bring Crossrail to fruition much sooner?

[Jesse Norman]

As I said, Crossrail is a wholly owned subsidiary of TfL. It would be wrong for me to comment on the way the Mayor has handled TfL’s finances—that is a matter for him—but I will say that it is a very important project. As my hon. Friend will be aware, there is a new chief executive, Mr Wild, and he is understandably taking time to review the project fully before he publishes his own views.

[Clive Efford (Eltham) (Lab)]

Last night, the Evening Standard reported that officials from the Department for Transport and TfL were first notified about the Crossrail delays in June 2016. Will the Minister confirm that that is correct?

[Jesse Norman]

I have not seen the report that the hon. Gentleman describes, but he will know that in July we published a written ministerial statement touching on the question of whether there might be delays. It is striking that the Secretary of State was not notified until the end of August, and there has been some suggestion that TfL was notified before that.

[Mark Garnier (Wyre Forest) (Con)]

13. What assessment he has made of the effect of the revised EU motor insurance directive on innovation in the UK motorsport industry.

[The Minister of State, Department for Transport (Jesse Norman)]

The issue of Vnuk and insurance is very important and my hon. Friend is absolutely right to raise it. Our assessment is perfectly clear: if it is not amended, the proposal has the potential to shut down UK and European motorsport industries. We take it very seriously. Of course, there would be further impacts on innovation throughout the UK automotive industry, and potentially more widely.

[Mark Garnier]

I am grateful for the Minister’s response. From my conversations with the Motorsport Industry Association, I know that it cannot sing the praises of the Department and officials more highly in respect of this incredibly important point. If the motor insurance directive comes into force, not only will it completely destroy the market for the most innovative part of our automotive sector, but during the transition period it may also destroy the UK domestic market. I know that the Minister is doing everything he can to try to sort this situation out, but I ask him to redouble his efforts and work as hard as he can to make sure that we do not lose the crown jewels of our motor industry.

[Jesse Norman]

I thank my hon. Friend very much for the recognition of the work that my officials and I have been doing on this issue, which we take extremely seriously. Lotus, Williams, McLaren—this country has a £10 billion motorsport industry. These ill-judged arrangements might put it at risk, and we are determined to do everything we can to prevent that.

[Dr Rosena Allin-Khan (Tooting) (Lab)]

14. If he will hold discussions with the Rail Delivery Group and the Premier League on public transport for people travelling to sporting events.

--- Later in debate ---

[Craig Tracey (North Warwickshire) (Con)]

T8. I was alarmed to see the traffic chaos as a result of yet another incident on the A5 at Mancetter island this week caused by an overturned lorry. I have raised this issue before, so it is not an isolated incident. Will the Minister agree to meet me to discuss this precarious junction and look at what more can be done to protect local residents who live alongside it, as well as motorists using it?

[The Minister of State, Department for Transport (Jesse Norman)]

My hon. Friend has been a very tireless campaigner for transport issues in his constituency and I would be delighted to meet him.

[Wera Hobhouse (Bath) (LD)]

T2. In my constit- uency, it has been suggested that our regional Mayor—the West of England Combined Authority Mayor—has the power to adopt an underused bit of highway from Highways England to construct an east of Bath park-and-ride, and the council has failed for a long time to find a suitable site. Is it the Minister’s understanding that the regional Mayor has these powers, and does he agree that such a use of existing land is an elegant solution?

[Jesse Norman]

I will resist the temptation to comment in advance on the elegance of the solution, but I think it is a very interesting idea in principle. As the hon. Lady may be aware, it would require the transfer of the road from Highways England and the agreement of the Secretary of State. We would also want to be sure that any changes were consistent with the combined authority’s long-term transport plans. Subject to those constraints, we would be very interested to see it.

[Andrew Selous (South West Bedfordshire) (Con)]

Neither the police nor the Driver and Vehicle Licensing Agency has records of foreign-registered vehicles that have been in the UK for more than six months, which means that our roads are more dangerous and there is not equality under the law for British nationals. What are the Government going to do about this issue?

[Jesse Norman]

As my hon. Friend will be aware, the problem concerns foreign-registered vehicles. For British nationals, there is an equality under the law. I recognise that there is concern about this issue. He knows that we seek vigorously to apply road traffic legislation where we can. This is for the police, in the first instance. In some cases, local authorities use international debt recovery agents. However, I recognise the problem that he describes.

--- Later in debate ---

[Mr Philip Hollobone (Kettering) (Con)]

I declare my interest as a member of Kettering Borough Council. What further progress is being made by the roads Minister and his team towards tabling the statutory instrument to facilitate the decriminalisation of parking in Kettering?

[Jesse Norman]

As my hon. Friend will know, we have discussed this at some considerable length over a long period. The matter currently rests with discussions with Northamptonshire County Council, but we are pushing ahead as fast as we can on it.

[Hannah Bardell (Livingston) (SNP)]

T6. Following December’s fiasco at Gatwick airport, the Secretary of State displayed his characteristic Midas touch when he said on Monday: “The Government are taking action to ensure that passengers can have confidence that their journeys will not be disrupted in future”.—[Official Report, 7 January 2019; Vol. 652, c. 101.]Twenty-four hours later, Heathrow passengers found themselves having their flights suspended following another drone sighting. When can passengers expect this promised action to have the desired effect?

--- Later in debate ---

[Mr Speaker]

I do wish the hon. Gentleman would wear his Arsenal tie a bit more often.

[Jesse Norman]

I will not comment on that sartorial choice. Of course I completely disagree with my hon. Friend’s description of Highways England, but I would be delighted to meet him.

[Justine Greening]

rose—

Draft Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2018

Jesse Norman Excerpts

Wednesday 9th January 2019 General Committees

[The Minister of State, Department for Transport (Jesse Norman)]

I beg to move,

That the Committee has considered the draft Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulation 2018.

It is a pleasure to serve under your chairmanship, Mr Davies. The draft regulations 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 in March without a deal. Following the UK’s decision in the 2016 referendum to leave the EU, the Government have been working hard to develop a positive future relationship with the EU. The Department for Transport has undertaken significant work on the withdrawal negotiations and to prepare for the full range of potential outcomes from the negotiations.

The best outcome is for the UK to leave with a deal and, as hon. Members will be aware, a draft withdrawal agreement is being considered. Delivering the deal negotiated with the European Union remains the Government’s priority, but as a responsible Government we are under an obligation to make all reasonable plans to prepare for a no-deal scenario. To that end, officials have conducted especially intensive work to ensure that there continues to be a well functioning legislative and regulatory regime for aviation and consumer protection. We set out in the technical notices published in September how that would work, and the instrument before the Committee provides the means to deliver some of those outcomes.

The draft instrument corrects three EU regulations that provide an important consumer protection regime for passengers travelling by air. It also makes some changes to the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012, which were recently amended to implement elements of the package travel directive. The three EU regulations are: first, regulation 261/2004, which establishes the rights of passengers, including their right to compensation and assistance, if they are denied boarding against their will or if their flight is cancelled or delayed; secondly, regulation 1107/2006, which establishes the rights of disabled passengers and those with reduced mobility to use air transport, as well as their right in law to receive free-of-charge assistance; and thirdly, regulation 2027/97, which harmonises the obligations of Community air carriers regarding their liability for injury to passengers and damage to baggage, in line with the provisions of the 1999 Montreal convention.

The package travel directive provides for consumer protection in relation to package holidays and other linked travel arrangements. It is primarily implemented in the UK by the Package Travel and Linked Travel Arrangement Regulations 2018. Corrections to those regulations, so that they continue to work after exit day, have already been made through the Package Travel and Linked Travel Arrangement (Amendment) (EU Exit) Regulations 2018—quite a mouthful, but important in law.

Provisions under the directive relating to insolvency protection are implemented in part through the air travel organisers’ licensing scheme. The directive provides for the mutual recognition among European economic area member states of insolvency protection regimes. The draft regulations make changes to the ATOL regime to reflect the fact that that mutual recognition will no longer apply to the UK after exit day in a no-deal scenario. The draft regulations correct the retained EU regulations I have listed and the 2012 ATOL regulations to ensure that the statute book continues to function correctly after exit day and air passengers can continue to benefit from the rights and protections set out in EU legislation.

On regulation 261/2004, the substantive rights of passengers to assistance, rebooking and compensation in the event that they are denied boarding or are subject to long delays or cancellations remain the same. The EU regulation sets out that those rights apply to passengers travelling on a flight departing from any airport in the EU, and flights departing from an airport in a third country to an airport in the EU if the carrier is an EU carrier. The draft regulations change the scope of the retained regulation to reflect the fact that the UK will no longer be part of the EU after exit day. The retained regulation will apply to all flights departing from an airport in the UK and flights departing from an airport in another country if the carrier is a UK carrier. To ensure full continuity on the routes in relation to which passengers can benefit from the rights and protections set out in the regulation, the retained regulation will also apply to flights into the EU from countries other than the UK if they are operated by a UK carrier, and will also apply to flights from third countries to the UK if they are operated by an EU carrier.

Other changes that the instrument makes reflect the fact that the UK will no longer be part of the EU, including converting compensation amounts set out in euros in the EU regulation into pounds sterling. Finally, the instrument ensures that the Civil Aviation Authority is able to enforce the retained regulation fully and effectively by ensuring that provisions relating to complaints and the domestic provisions setting out criminal offences for persistent breaches by air carriers of provisions in the EU apply to the same routes and air carriers as in the retained EU regulation itself.

In relation to regulation 1107/2006, the rights that disabled passengers and persons with reduced mobility are able to benefit from when travelling by air also remain unchanged. Those rights include the right to assistance at airports without additional charge and the right to assistance by air carriers without additional charge. Once again, the draft regulations ensure full continuity for consumers by making certain that the retained regulation 1107/2006 will apply after exit day to passengers using or intending to use commercial passenger air services on departure from, transit through, or arrival at UK airports. Certain provisions will also continue to apply to flights departing from a third-country airport to the UK if the flight is operated by a UK air carrier. In the same way as regulation 261/2004, these provisions will also apply to flights into the EU from countries other than the UK if the flight is being operated by a UK carrier, and flights from third countries to the UK if the flight is being operated by an EU carrier.

These provisions set out that air carriers and tour operators cannot refuse travel to passengers on the grounds of disability or reduced mobility; that if it is not possible for an air carrier, agent or tour operator to accommodate a passenger with a disability or with reduced mobility on the grounds of safety or the size of the aircraft or its doors, the passenger should be reimbursed or offered re-routing; and finally that air carriers are required to provide assistance without additional charge—for example, allowing assistance dogs in the cabin of the aircraft and arranging seating suitable to meet the needs of the individual.

The third EU regulation covered by the draft regulations is regulation 2027/97, which sets out provisions relating to the liability of air carriers for injury or death of passengers, as well as for damage to or loss of baggage. Most of the provisions of that regulation implement elements of the 1999 Montreal convention, and the changes that the draft instrument makes to retained regulation are limited to those needed to reflect the fact that the UK will no longer be an EU member state after exit day—for example, substituting references to “Community air carrier” with references to “UK air carrier”. The instrument also makes a small number of consequential changes to existing domestic legislation to reflect those changes. Further elements of the 1999 Montreal convention relating to insurance were implemented by EU regulation 785/2004 and the statutory instrument making the necessary corrections to those regulations has already been debated and approved by this House.

Finally, the draft regulations change the 2012 ATOL regulation to require businesses established in the EU or EEA and their agents who wish to sell into the UK to hold an air travel organisers’ licence. That ensures that consumers who have purchased a package including an element of air travel continue to be protected in the event that mutual recognition of insolvency protection regimes between the UK and EU or EEA member states ceases if there is a no-deal exit from the EU. The instrument also removes the requirement for UK companies selling in EU or EEA member states to hold an ATOL. That reflects the fact that without mutual recognition, those companies would already be required to comply with the insolvency protection regime of the member state in which they are selling and would otherwise be required to hold duplicate protection.

We are continuing to work to achieve a positive future relationship with the EU, and this instrument is an essential element of our contingency planning for a no-deal exit. It ensures that in the event of no deal, the UK’s framework for consumer protection on air travel would continue to work effectively, and that the aviation industry and consumers alike have clarity about the regulatory framework that would be in place in the unlikely event of a no-deal scenario. I commend the draft regulations to the Committee.

--- Later in debate ---

[Jesse Norman]

I am grateful to the two hon. Members who have spoken for expressing their parties’ support for the legislation and for the questions they have asked.

The hon. Member for Kingston upon Hull East asked whether there is any way to extend the scope of the associated criminal offences. It is an interesting suggestion and we will take it on board. He will be aware that in law, under the European Union (Withdrawal) Act 2018, we are not permitted to extend the scope—we are really about “lifting and shifting” EU law into UK law—but in the event of a no-deal Brexit or another managed agreement, there may well be scope to consider his suggestion and I am grateful to him for it.

The issue of ATOL protection not being recognised is a technical one, as the hon. Gentleman said, and I will write to him if need be, but part of the point of the measure is that we should be able to enforce regulation where it is needed. There are only 13 EEA businesses requiring ATOL registration in the UK, so it is not an enormous issue in terms of the number of businesses involved, although some of them are large businesses. Of course, he will be aware that there are parallel protections under EU law for people who use EU services without regard to ATOL.

To the hon. Member for North Ayrshire and Arran, I say only that I note the point she made and that I am grateful for her support.

Question put and agreed to.

A40 in West Oxfordshire: Congestion

Jesse Norman Excerpts

Tuesday 8th January 2019 Commons Chamber

[The Minister of State, Department for Transport (Jesse Norman)]

I congratulate my hon. Friend the Member for Witney (Robert Courts) on securing the debate and welcome the opportunity to speak about the A40 west of Oxford, although, unfortunately, such has been the Periclean—indeed Demosthenic—quality of his oratory that he has left me nine minutes of a 30-minute debate in which to respond. He and other colleagues raised many issues that it would be nice to touch on, so in a way it is a pity that there is not more time for the Government to give the account he seeks.

I understand the great importance of this road in the area and to the local people who regularly use it. It will be no secret to hon. Members that the A40 can experience congestion—at times severe congestion. It should be said that the chief glory of the road is that it leads to Herefordshire. I was astounded that my hon. Friend the Member for The Cotswolds (Sir Geoffrey Clifton-Brown) neglected to make that point when sketching the gap between Gloucestershire and Wales, thereby ignoring much—almost all—of what is of value in this.

There are considerable growth ambitions for the west of Oxford along this corridor and the debate is therefore timely. The county has a fast-growing and successful economy that contributes some £21 billion per year to national output. It competes well on a global stage as a centre of science and innovation, but infrastructure constraints there, as elsewhere across the country, are a barrier to housing development and job creation. That was why in November 2017 the Government announced that Oxfordshire would receive up to £215 million of new funding to support its ambition to plan for, and to support the delivery of, 100,000 homes by 2031. That is alongside a commitment to adopt an Oxfordshire-wide statutory joint plan by that year. This ambitious and comprehensive investment programme is designed to deliver sustainable development and growth, with a focus on the amenity, quality and liveability of the area and on affordable housing.

On 12 September 2018, the first of the planning flexibilities agreed as part of the deal was enacted by written ministerial statement. This has amended land supply policies for Oxfordshire, and the Government look forward to the county developing its joint statutory spatial plan, making use of these new flexibilities.

As my hon. Friend the Member for Witney acknowledged, the majority of local transport improvement schemes are funded through the local growth fund—it is not entirely a Department for Transport scheme. We are providing some £6.7 billion to that fund over the six years from 2015-16 to 2020-21. Funding also comes through local enterprise partnerships, with some 600 transport schemes being funded across England.

There is also considerable planned investment on the A40 through the local growth fund. The Oxford science transit scheme has been allocated £35 million of the fund to support the expansion of the integrated public transport system west of Oxford, including the provision of bus priority and of a 1,000-space park and ride at Eynsham, to which my hon. Friend referred. We hope that this will deliver major enhancements to the strategic route, connecting centres of innovation and economic growth. I understand that the county council aims to have the park and ride and bus lane open for use by April 2021. Improvements to public transport should provide a viable alternative to private car use and, as my hon. Friend rightly said, a substantial modal shift would help to address congestion and would also be of enormous public value in others ways. This scheme and other current and planned projects will provide congestion relief in the short to medium term along the A40. Of course, there is also a £5.9 million local growth fund commitment to the Oxford North project, a package of measures to improve transport in the north of the city and to provide a new research space and new homes.

There are also wider aspirations to tackle congestion in the longer term. As my hon. Friend pointed out, a consultation has recently closed on plans for the first phase of these improvements, and my officials continue to work closely with Oxfordshire County Council to take the project forward.

The North Cotswold line is not strictly within the terms of this debate, but it has been raised and I am pleased to discuss it quickly. As with the road, its chief glory is that it leads to Herefordshire, so I have a certain stake in this issue, and of course colleagues representing constituencies along the line would like to see faster and more frequent services. Any proposals must be supported by a robust business case in accordance with the rail network enhancements pipeline. The Department will continue to provide advice to Lord Faulkner’s taskforce, which has been established to develop a vision for the route between Worcester and Oxford—and, ultimately, of course to Herefordshire—and to develop proposals.

On the housing side, the autumn Budget provided an extra £500 million for the housing infrastructure fund, bringing the total funding available to £5.5 billion. In March 2018, the Government announced the areas that are being taken forward through co-development, where the Government work with local authorities to further develop their proposals. Oxfordshire is one of the designated areas for co-development. The Department works closely with other Departments and local partners to take forward these proposals. Final funding awards for the proposals will be determined by the Ministry of Housing, Communities and Local Government following the assessment of detailed business plans. I understand that Oxfordshire County Council intends to submit its own proposals early this year.

My hon. Friend has raised the issue of maintenance and potholes on many occasions, and indeed he secured a debate on the subject in July last year. As he will know, the Government have since allocated a further £420 million of new money for local highways maintenance —not necessarily entirely as a result of that debate. That means an additional £7.4 million of funding for local roads in Oxfordshire, which adds to existing committed funding sources totalling some £28.2 million for the county.

My hon. Friend rightly mentioned the major road network. Oxford does have a section of the A40 that is eligible for the local roads network, in that it fits the criteria that we have set for that. It is now for local partners to gather evidence that demonstrates which improvements are priorities for their respective areas, and to bid for support. This is a major new Government initiative to create a package of support for schemes that are eligible along the future major road network. It therefore provides an opportunity across the country, not just in Oxfordshire. The Oxford to Cambridge expressway has also been raised, and my hon. Friend will know that considerable investment is being made in that area to improve transport connectivity and growth not just across Oxfordshire and the region, but for the benefit of the UK as a whole.

I think that my hon. Friend will recognise from this quick canter through the various pots of money and opportunities available that his county has done well and that if the bids can pass muster in this very competitive process, they will stand every chance of an attractive outcome. He knows that a series of bids have been placed, or are due to be placed, in front of the Government for those different pots, and I urge him, his county council and local partners to continue to build robust and compelling cases that can demonstrate to the Government that investment in key infrastructure is well worth while and will deliver the key targets that they have specified, along with benefits for current users and future growth and success.

Question put and agreed to.

Draft Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019

Jesse Norman Excerpts

Wednesday 19th December 2018 General Committees

[The Minister of State, Department for Transport (Jesse Norman)]

I beg to move,

That the Committee has considered the draft Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019.

It is a delight to serve under your chairmanship, Mr Evans. I wish you, Committee members and the Clerks a very happy Christmas.

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 next March. Following the UK’s decision to leave the EU after the referendum in 2016, the Government have been working hard to develop a positive future relationship with the EU. The Department for Transport has undertaken a significant amount of work with respect to the withdrawal negotiations themselves, and to prepare for the full range of potential outcomes from the negotiations. As Committee members will be aware, the best outcome will be for the UK to leave with a deal, and hon. Members will know that a draft withdrawal agreement is being considered. We remain confident that that agreement will enter into force at the end of March next year.

However, we must, of course, also make all reasonable plans to prepare for a no-deal scenario. To that extent, we have conducted particularly intensive work to ensure that there continues to be a well-functioning legislative and regulatory regime for aviation. We set out how this will work in the technical notices published in September, and the draft instrument will provide the means to deliver some of those outcomes.

The draft instrument corrects five principal EU regulations relating to aviation safety, together with several Commission implementing regulations made under them. As Committee members will understand, and as you will appreciate, Mr Evans, these are rather technical matters, but it is important to be clear about them. The most important of the regulations is EU regulation 2018/1139, more commonly known as the EASA—European Aviation Safety Agency—basic regulation, which establishes a comprehensive regulatory framework for aviation safety in the EU. In particular, it provides for the continued establishment of EASA and the adoption by the European Commission of implementing regulations on aviation safety. These implementing regulations also ensure that EU member states can meet their obligations under the wider convention on international civil aviation, known as the Chicago convention.

There are 13 implementing regulations dealing with different aspects of aviation safety that will be corrected by the draft instrument. These cover the design, construction, maintenance and operation of aircraft; the licensing of flight crew, maintenance engineers and air traffic controllers; the provision of air traffic management and air navigation services; and the design and operation of aerodromes.

The other principal regulations are: regulation 3922/91 on technical harmonisation, which has largely been replaced by the EASA basic regulation, although the flight and duty time limitations established under the regulations still apply to the crews of aeroplanes undertaking air taxi, emergency medical service and single-pilot commercial air transport operations; regulation 2111/2005, which establishes the list of air operators banned from operating to the EU on safety grounds; regulation 996/2010, which sets requirements for the investigation of air accidents and incidents; and regulation 376/2014, which establishes requirements for civil aviation occurrence reporting.

The draft instrument will correct deficiencies in the retained EU regulations that I have listed. It will also correct domestic legislation made to implement aspects of those regulations. These changes should ensure that the statute book continues to function correctly after exit day. Many of the corrections are to make clear that the retained legislation applies only to the UK. For instance, references to

“the territory to which the Treaties apply”

are replaced with “the United Kingdom”. References to “the competent authority” are replaced with references to “the CAA”. Other amendments relate to the relationship between member states. For example, requirements on mutual recognition are deleted, as are requirements for co-operation and the sharing of information.

The draft instrument will also reassign functions that currently fall to EU bodies. The majority of regulatory functions required under the EU regulations are currently undertaken by the competent authorities of the member states. Those include licensing pilots, air traffic controllers and maintenance engineers, certifying the airworthiness of individual aircraft, certifying airports and airport operators, approving production, maintenance and flight training organisations, and approving air traffic management and air navigation service providers.

However, EASA is responsible for a number of functions, which include preparing proposals for new technical requirements and for amendments to existing technical requirements; approving organisations that design aircraft and aircraft engines, and certifying the design of aircraft and engine types; approving organisations based in third countries—for example, flight training and aircraft maintenance organisations; and functions relating to the management and oversight of the aviation safety regulatory system, which include managing the mechanisms for the exchange of information and auditing the application of technical requirements by a member state’s competent authorities.

The Civil Aviation Authority will take on those functions, with the exception of those relating to the management of the EU safety regulatory system. While design certification has formally sat with EASA since 2008, it is not a capability that the CAA has totally relinquished, and we are confident that it will be able both to meet the needs of industry and to fulfil the UK’s international obligations as the state of design. The CAA is implementing contingency plans to ensure that it will be able to undertake the new functions effectively from exit day. In all, the CAA will need to take on around 59 new staff.

The European Commission also has a number of functions under the EU regulations. Most notably, it has the power to adopt regulations, to adopt or amend technical requirements, and to make limited, specified amendments to the principal EU regulations. Those functions will be assigned to the Secretary of State. The power to amend the retained principal EU regulations is very limited, and is designed to ensure that the regulatory system can adapt to technical developments and changes to the international standards adopted by the International Civil Aviation Organisation. Those powers mainly relate to the annexes to the regulations.

Most notably, the Secretary of State will have the power to amend the essential requirements contained in the annexes to the EASA basic regulation by making regulations subject to the negative resolution procedure. The essential requirements are the high-level safety objectives, which are implemented through the technical requirements. Amendments can be made only where it is necessary to reflect technical, operational or scientific developments or evidence in the relevant technical field to the extent necessary to achieve the objectives of the EASA basic regulation. In addition, the draft instrument revokes four implementing regulations that set out internal procedures for EASA, as they will not be relevant to the UK after EU exit.

Finally, I should stress that none of the amendments changes any of the technical requirements established by the retained EU regulations. All certificates, licences and approvals issued by EASA or EU/European economic area states prior to exit day will remain valid in the UK by virtue of the withdrawal Act if valid in the UK immediately before exit day. The draft instrument provides that such certificates shall be treated as if they were issued by the CAA. With the exception of certificates relating to aircraft design, the instrument also limits the validity of such certificates to two years after exit day, after which CAA-issued certificates will be required.

[Sir Oliver Heald (North East Hertfordshire) (Con)]

I do not want to detain the Committee for long. I have a question on the amendment of regulation 2111/2005, on the banned operator list. At the moment, the banning of an air carrier is based on information from right across the EU, so if an air carrier has performed badly in eastern Europe, it could well be banned. Will we in the UK have access to that sort of information when deciding who should be banned in Britain, or will it be a less full process?

[Jesse Norman]

It is a fair question. As my right hon. and learned Friend will be aware, we are discussing a context in which we do not have a deal with the EU, so this is a contingency that is not covered by the main case. Even in this contingency, however, there is every reason to think that the very extensive information sharing that exists would continue, even if only informally, for a period until the necessary protocols could be retained. He will know that the CAA was itself one of the progenitors of EASA, and there are extremely close working relationships between the two sides.

The restriction I have described is necessary, as the CAA needs to issue the safety certificates to have full oversight of aviation safety in the UK, in accordance with our obligations under the Chicago convention. We are working to achieve a positive deal with the EU, but this instrument is an essential element of our contingency planning for a no-deal exit; it will enter into force on exit day only under those circumstances. The instrument will ensure, in the event of a no-deal EU exit, that the UK’s aviation safety regulatory regime continues to work effectively and the aviation industry has clarity about the regulatory framework in which it would operate. I commend this instrument to the Committee.

--- Later in debate ---

[Jesse Norman]

I thank the hon. Members for Kingston upon Hull East and for West Dunbartonshire for their questions. I know it was a temporary slip of the tongue that the hon. Member for Kingston upon Hull East failed to wish a happy Christmas to those on the Government Front Bench, but I know, as an old friend, that he did so, and I am happy to take that in the spirit in which it was not intended. I thank both hon. Gentlemen for the support that the Labour and Scottish National parties are giving this important piece of implementing contingency legislation.

The hon. Member for Kingston upon Hull East raised the question of associate membership of EASA. I remind him that we are making plans against a contingency; there are continuing conversations between the UK and the EU on the relationship with EASA, and we are hopeful that those will be satisfactorily concluded. It is important to say that nothing has specifically changed from that point of view.

Will the UK lose influence? I think that is unlikely; the form of our direct relationship to EASA itself may change, but the UK remains a very large international and national market for aviation services and a leader in aviation technologies, so I expect its influence to remain very substantial.

The hon. Gentleman welcomed the news that has come today from the EU about basic landing rights, and he is right to do so. It reinforces the picture that he, I and other colleagues have discussed in previous Committee meetings about the generally positive trajectory of discussions. We heard the announcements that the European Commission made on 13 November about periods of visa-free staying in the EU for UK nationals, which of course will be reflected on both sides. The Committee will also recall that, at that point, the EU made it clear that it was comfortable with the overflying of EU states, which is important.

There is a positive trajectory here. It is important to say that we are looking at the proposals with a degree of caution, because they are not yet fully implemented; they are proposals from the Commission, and it is not absolutely clear that member states will not have their own ideas about these things. Possibly they will be more liberal and open than the Commission anticipates.

The hon. Gentleman asked how many more SIs there will be. We have four more SIs remaining in the area of aviation. We—and the Government, looking across the piece—do not anticipate any interruption to the flow of secondary legislation in this area.

The hon. Gentleman mentioned the industry’s concerns about the lack of clarity, and we fully recognise that this inevitably complex process has a lack of clarity associated with it. I hope he and the Committee will understand that, between the technical notices, the withdrawal Act and the various other commitments the Government have put in the public eye, as well as the implementing legislation, we have sought to reduce any obscurity and to create as much clarity and stability as possible for the sector.

I am also grateful to the hon. Member for West Dunbartonshire for his questions and, as I have said, for the SNP’s support. I can give him a very strong assurance that, as we have done in this contingency arrangement, we will not really be carrying over the standards of EASA, many of which were, of course, originally derived from CAA standards and are the product of UK regulation over many years, but we see no reason why there may not, in time, be scope to lead a conversation about improving standards across the European continent, whatever the status of the country.

The hon. Gentleman’s point about strengthening the independence of the CAA is well made. Of course, it is an independent body, funded by the industry; it has been supported a little in the past year by some taxpayer money to deal with contingency planning, but his point is well recognised. As an expert agency, it is important that it remains appropriately independent of any political influence.

To wind up, we remain confident that we will reach an agreement with the EU, but it is important that we, as a Government, prepare for the unlikely outcome that we may leave with no deal. This instrument is essential to ensure that a crucial part of the regulatory framework for civil aviation continues to work effectively from exit day in this country, and, as hon. Members have mentioned today, that we have a high level of safety, irrespective of the outcome of negotiations. I hope the Committee has found this sitting useful and will join me in supporting the regulations.

[The Chair]

I should hate to be left out, so may I wish everyone present and those watching via the ether a very merry Christmas and a happy 2019?

Question put and agreed to.

Tram Safety

Jesse Norman Excerpts

Monday 10th December 2018 Commons Chamber

[The Minister of State, Department for Transport (Jesse Norman)]

I congratulate the hon. Member for Croydon Central (Sarah Jones) on securing this important debate, and I know the whole House would wish to join me in offering our condolences to the families and friends of all who lost their lives or were injured, many of them very seriously, in the tram crash of November 2016. It has been suggested that the Government have not been active and energetic on this issue, and I am happy to respond in detail to rebut those suggestions. Let me remind the House of the incident and describe the follow-up actions we have taken.

On Wednesday 9 November 2016, the London Tramlink tram No. 2551 travelling from New Addington towards East Croydon overturned on the approach to Sandilands tram stop on a curved track that has a permanent speed restriction of 20 kph. The tram at that time was travelling at approximately 73 kph. Of the 70 people on board, seven lost their lives and 62 people were injured, 19 of them seriously. Following this tragic accident, the Rail Accident Investigation Branch undertook an investigation, as is normal practice in these types of incidents. RAIB is independent and its investigation and report do not apportion blame or liability. Its sole purpose is to ensure lessons are recorded and learned in order to improve safety and prevent future such accidents occurring.

RAIB published its report into the tram-overturning incident at Sandilands on 7 December 2017. Its investigation identified that the immediate cause of the tram overturning was that it was travelling too fast to negotiate the curve, and the causal factors for that were that the tram did not slow down to a safe speed before entering Sandilands south curve because the driver did not apply sufficient braking. RAIB’s report states that, although some doubt remains as to the reasons for the driver not applying sufficient braking, RAIB concluded that the most likely cause was a temporary loss of awareness of driving task due to a period of low workload. It is also possible that, when regaining awareness, the driver became confused about his location and direction of travel. RAIB found no evidence that the driver’s health or medical fitness contributed to what happened, but stated that, although highly unlikely, an undetected medical reason cannot be discounted. Of course, as the hon. Lady made clear, further investigations are continuing and I know the House will understand that it would not be appropriate to say anything further on this issue.

The RAIB investigation did, however, find that the risk of trams overturning on curves was not properly understood and so there were insufficient safety measures in place. It also found that many of the fatalities and serious injuries were as a result of falling through the windows or doors as the tram overturned.

As the hon. Lady made clear, the RAIB report made 15 recommendations to help to improve safety on UK trams. These recommendations relate to action in five main areas: the need for modern technology to intervene when trams approach hazardous features too fast or when drivers lose awareness of their driving; the need for operators to promote better awareness and management of the risk associated with tramway operations; the need for work to reduce the extent of injuries caused to passengers in serious tram accidents and to make it easier for them to escape; the need for improvements to safety management systems, particularly to encourage a culture in which everyone feels able to report mistakes, including their own; and the need for greater collaboration across the tramway industry on matters relating to safety.

That is why one of the main recommendations in the RAIB’s report was for the Office of Rail and Road to work with the UK tram industry to develop a body to enable more effective UK-wide co-operation, in what is inevitably a varied sector, on matters related to safety and on the development of common standards and good practice guidance. UK Tram, which is the voice of the light rail sector, and the Office of Rail and Road called a meeting of the industry in London last year at which it was agreed to establish an independent review group to consider the RAIB recommendation regarding setting up such an industry body to be responsible for ensuring better co-operation on light rail safety and standards.

At a further meeting held in Manchester in January this year, the Department for Transport, the Office of Rail and Road, tram system owners, operators and infrastructure managers convened to discuss the way forward and how the sector as a whole could take responsibility for and ownership of proceeding with the recommendations arising from the RAIB report. At that meeting, the independent review group reported its proposals for a light rail safety and standards board to be formed. The review group also proposed that there was a need properly to scope the new organisation and its function, structure and budget, particularly with regard to funding.

The board has now been created to provide expert support to the light rail industry in this country and to take forward sustainable improvements in the safety and efficiency of tramways and light rail systems. It will also oversee the work to undertake the recommendations from the RAIB report, and its primary functions will include risk analysis, informing industry decisions and sharing best practice; codification and development of standards and guidance; establishing relationships with other light rail jurisdictions around the world; light rail innovation and research; collaboration with other industry safety bodies; safety, accident and near miss reporting, collation and analysis; reviewing industry dissemination of information and lessons learned; and oversight of competent persons and accreditation.

The hon. Lady suggests that the Department for Transport has not provided funding or been active in ensuring that the recommendations from the RAIB report have been implemented, but let me assure the House that that is not the case. While the board was being set up, the Department allocated £250,000 to UK Tram in July this year as an interim payment to ensure that progress on working through the recommendations could begin quickly. I am pleased to report to the House that work on the recommendations is being taken forward by the sector. The light rail safety and standards board steering group has now developed a business plan setting out the functions of the full board. A board of directors has been elected and a chief executive officer has been appointed. The Department received a further funding proposal from the board in late October—that is, five or six weeks ago—and I am pleased to say that we are looking closely at this request and I expect to make an announcement shortly.

Meanwhile, a range of other work is under way. UK Tram has defined a programme to develop a light rail risk analysis model that can be applied to all UK tramway systems and, where appropriate, to other light rail systems. UK Tram has let a contract with consultants after the steering group agreed the terms of reference for this project, and work has now commenced on the development of this risk model. UK Tram has also reviewed the availability of technical devices for automatically monitoring and/or controlling the speed of a tram on the approach to junctions and other key locations. We expect a full report to be published by UK Tram next week. Building on work undertaken by Transport for London, UK Tram has reviewed the availability of driver vigilance devices—also named driver inattention devices—which could monitor the alertness of a driver and detect when they are likely to lose concentration. Again, a full report is due to be published for UK Tram members next week. I am also pleased to inform the House that all tramway operators in the United Kingdom have reviewed all bends and curves on their systems and introduced countdown speed restrictions and chevron signs on the approaches, where required.

In order to identify means of improving the passenger containment provided by tram windows and doors, UK Tram and the operators have been in discussions with manufacturers to see whether improvements can be made. The information that they have gathered so far indicates that laminated windows could be fitted—albeit, as the hon. Lady has mentioned, at extra cost and, more problematically, extra weight—to new vehicles. For current tram fleets, fitting a protective film to the windows would help to reduce risk.

Regarding doors, most UK tramway systems have more modern vehicles with doors that have fully welded construction, which offers far more structural integrity and should aid containment in the context of a crash. Operators have also reviewed their emergency lighting, and suppliers have been able to offer a cut-off switch that is covered and not exposed in the event of an impact. Most suppliers stated that they could also offer as an option internal lighting with integral energy storage in the lighting units, if required. Progress is being made on the recommendations from the RAIB report.

This is an important issue at an important moment. Light rail is popular, as can be seen from the statistics: more than 267 million passenger journeys were made on the eight light rail and tram systems in England in 2017-18. The sector prides itself on being one of the safest modes of public transport, and it strives to maintain high standards in safety. The safety record speaks for itself. Until this accident occurred in 2016, no passenger had been killed on a tram since January 1959. The Government are committed to ensuring that industry and the regulator apply the lessons that have been learned so that a tragedy of this kind can never happen again.

Question put and agreed to.

Road worthiness

Jesse Norman Excerpts

Friday 23rd November 2018 Written Statements

[The Minister of State, Department for Transport (Jesse Norman)]

I wish to inform the House that the Government are today introducing changes to formal guidance issued to the operators of heavy vehicles.

The Driver and Vehicle Standards Agency (DVSA) is publishing a revised guide to maintaining roadworthiness, which is the formal guidance for commercial operators and drivers on how to make sure their vehicles are safe to drive.

It includes guidance that tyres over 10 years old should not be used on heavy vehicles except in specific, limited circumstances. These changes reinforce guidance previously issued to bus and coach operators and extend it to include goods vehicles.

The Government take road safety seriously and in 2013 the Department for Transport issued guidance about the use of older tyres on buses and coaches. This precautionary guidance encouraged operators to remove any tyre aged 10 years or more from the front, steering axle, of their vehicles. Since that time, the DVSA has been monitoring the age of tyres fitted during annual roadworthiness inspections. Compliance has been good.

I reported to the House on 1 March 2018 that the Department for Transport was undertaking research to understand better the effect of age on a tyre’s integrity. I am pleased to report that this research is proceeding well and that I have made additional funds available to extend the number of tyre samples that are being analysed. The report will be available in spring 2019.

The DVSA’s priority is to protect everyone from unsafe drivers and vehicles. It will start conducting follow-up investigations whenever it finds a vehicle operator with a tyre more than 10 years old on its bus, coach, lorry or trailer. If the operator cannot provide an adequate explanation for using an old tyre, or their tyre management systems are not good enough, the DVSA will consider referring them to the Office of the Traffic Commissioner.

The revision to the guide to maintaining roadworthiness also includes information to help drivers of high vehicles to avoid bridge strikes. Bridge strikes cause significant disruption for the rail network and are often caused by drivers failing to appreciate the height of their vehicle.

The revision provides further guidance for drivers to remind them to record the height of their vehicle during their daily walk around checks. By improving guidance in this area, the DVSA aims to see a reduction in disruption to travellers.

The Government and the DVSA will continue their commitment to keep Britain’s roads amongst the safest in the world by enforcing legislation, as well as working with industry to provide guidance on vehicle and driver safety.

[HCWS1106]

Cycling and Walking Investment Strategy: Safety Review Call for Evidence

Jesse Norman Excerpts

Thursday 22nd November 2018 Written Statements

[The Minister of State, Department for Transport (Jesse Norman)]

Cycling and walking are increasingly being understood not just as modes of transport but as crucial parts of an integrated approach to issues of health, obesity, air quality, and town and city planning.

In this context, I am today publishing a response to the cycling and walking investment strategy (CWIS): safety review call for evidence (call for evidence).

The CWIS, published in 2017, set out the Government’s ambition to make cycling and walking the natural choice for shorter journeys, or as part of a longer one, by 2040. When the Department for Transport published the call for evidence on 9 March this year, I restated the Government’s commitment to increasing cycling and walking and making the UK’s roads safer for vulnerable users, including cyclists, pedestrians and horse riders.

The call for evidence was very well received, with over 14,000 responses from members of the public of every age and description, as well as local authorities, cycling and walking organisations, police forces and more. People responded with vigour, sending the Department for Transport great ideas, evidence of what works, examples of good practice from other countries, innovative technologies, and imaginative solutions.

More recently on 18 October, the Department published a purely factual document summarising the call for evidence responses and setting out the main themes emerging from our analysis.

We continued to analyse the contributions to the call for evidence, as well as outputs from our regional workshops held in London, Bristol, Birmingham and Manchester. The Government response published today includes a range of safety measures that will bring cycling and walking closer together as part of the Government’s overall ambition to increase active travel. The response also sets out a vision and a two-year plan of action, with 21 packages of measures addressing the key themes and issues raised in the call for evidence.

Among the key measures are:

A review of guidance in The Highway Code to improve safety for vulnerable road users;

New investment to support the police to improve enforcement by developing a national back office function to handle footage provided through dash-cam evidence;

Enforcement against parking in mandatory cycle lanes;

The appointment of a new cycling and walking champion to raise the profile of active travel;

Encouragement for local authorities to increase investment in cycling and walking infrastructure to 15% of total transport infrastructure spending

Work with key cycling and walking organisations to develop a behaviour change campaign alongside the action plan.

All these measures are designed to support the continued growth of cycling and walking, with all the benefits they bring to our communities, economy, environment and society.

I recognise and value the tremendous amount of activity being undertaken nationally to keep vulnerable road users safe. The Department for Transport wants to provide effective leadership and support to the wide range of partners and other bodies who collectively work together with great commitment to make a real difference to cycling and walking safety. We look forward to continuing our close working with other Government Departments, devolved Administrations, motoring agencies, local councils, police, cycling and walking organisations, motoring groups, road safety campaigners and wider stakeholders to take forward this action plan.

The House may also be aware that we have recently carried out a separate consultation on new cycling offences, which closed on 5 November. It sought views on whether cyclists should face offences similar to those of causing death or serious injury when driving dangerously or carelessly. We are in the process of analysing responses and will publish our response in due course.

[HCWS1099]

Oral Answers to Questions

Jesse Norman Excerpts

Thursday 22nd November 2018 Commons Chamber

[Helen Goodman (Bishop Auckland) (Lab)]

12. What steps the Government are taking to improve the condition of roads in residential areas.

[The Minister of State, Department for Transport (Jesse Norman)]

The Department for Transport is providing over £6.6 billion to local highway authorities in England between 2015 and 2021 to improve the condition of local roads. That includes a £296 million pothole action fund and the additional £420 million for local highways maintenance announced in Budget 2018.

[Alan Mak]

Many councils now use technology to enable residents to report road-related problems. Will my hon. Friend encourage the greater use of digital apps and technology tools to make councils more accountable for the road issues in their area?

[Jesse Norman]

I am well aware of my hon. Friend’s interest in technology and the potential ways in which it can improve productivity. He is absolutely right, and I encourage all councils to use technology better as far as possible for residents to report road-related problems. As he will be aware, they do so in Hampshire, where the county council uses an online reporting tool, but the Department has also done work to support this, not least through assistance to Cycling UK to revamp its pothole reporting website.

[Helen Goodman]

I hope that the Minister will find £60 million for County Durham. In the meantime, new estates are being built without proper roads. Instead of overseeing this 21st-century squalor, will he talk to his colleagues in the Ministry of Housing, Communities and Local Government to require the planning rules to be changed so that roads are built to adoptable standards?

[Jesse Norman]

The hon. Lady will be surprised to know that there is a housing infrastructure fund that is in part precisely designed to facilitate the relationship between road building and new housing, and of course, that is what it is doing.

[Huw Merriman (Bexhill and Battle) (Con)]

It is not so much the condition of local roads but the amount of obstructions on them, from double parking to kerbside parking to parking in bus and cycle lanes. Rather than waiting for traffic management orders, which can be quite binary, to come into place, would it not be better for the Department to issue guidance on the definition of “obstruction”, so that more local authorities can deal with it in a flexible way that means that motorists are not being penalised in an unreasonable manner?

[Jesse Norman]

Gosh, I am going to resist the temptation to bring in the casuists to discuss the question of how obstruction is to be defined, but I direct my hon. Friend, without giving too much of a sneak preview, to the work that we have done—announced today in a written ministerial statement—on the cycling and walking safety report, which includes enforcement against parking in mandatory cycle lanes for precisely the reasons that he indicates.

[Matt Rodda (Reading East) (Lab)]

This week is Road Safety Week, yet investment on minor roads has fallen by 40% since 2010 and the number of potholes is rapidly increasing, leaving 17% of local roads in England in poor condition, according to the Asphalt Industry Alliance. The Department’s own figures show that there have been 13 deaths and 192 cyclists seriously injured since 2010 on roads that have a defective road surface. In this week of all weeks, how can the Government defend their record on maintaining local roads?

[Jesse Norman]

I am not sure where to begin with that. If the hon. Gentleman looks carefully at the work of the RAC Foundation, he will discover that, in relative terms, the number of potholes on our roads spiked between the years 2005 and 2010 and has been coming down slowly but steadily, more or less, ever since.

[Matt Rodda]

Is the Minister in all sincerity denying the evidence of the Asphalt Industry Alliance, which carried out a detailed survey of local authorities, which showed that there is a backlog of a minimum of £9 billion of work on potholes?

[Jesse Norman]

I wonder whether the hon. Gentleman might want to look at a wider range of sources than just the Asphalt Industry Alliance for his information about the use of asphalt in filling potholes, but the issue is a serious one. He will know that I have made clear my interest not merely in an in-year road settlement of £420 million for potholes, which the Government have just passed and which is highly welcome, but in a more strategic approach to local roads funding over the next five years.

[Stephen Metcalfe (South Basildon and East Thurrock) (Con)]

5. What steps his Department is taking to encourage more girls and people from ethnic backgrounds to pursue a career in engineering.

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[Emma Dent Coad (Kensington) (Lab)]

10. What steps he is taking to promote the take-up of cycling and walking.

[The Minister of State, Department for Transport (Jesse Norman)]

The Department will today publish a response to its recent call for evidence on improving cycling and walking safety. This will set out a vision and a two-year plan of action, with some 50 actions. It will also include a summary of the many steps the Government have taken to encourage cycling and walking and the significant additional funding that has been made available under the cycling and walking investment strategy.

[Mr Seely]

When will there potentially be a new round of funding to support new and upgraded cycle routes such as the planned cycle route in West Wight between Newport, Yarmouth and Freshwater, which will significantly improve our cycling offer on the island?

[Jesse Norman]

The Government have made available £1.2 billion under the cycling and walking investment strategy, and that has been supplemented by a range of other funds since then, including the local growth fund. Further funding is to be made available through the highways infrastructure fund and the future high-street funding programme just announced in the Budget. Further funding from 2020-21 onwards will be a matter for the spending review.

[Emma Dent Coad]

Some 5% of my constituents cycle to work, which is double the national average. However, CrashMap shows the number of accidents between my home and Parliament Square and that has frightened me off taking the plunge. In addition, today is our third day in a row of poor air quality alerts. Will the Minister please tell me, in road safety week, what we are doing to tackle the scourge of poor vision and behaviour of construction and delivery lorries and the problem of air quality, which are, literally, a deadly combination?

[Jesse Norman]

We are addressing these issues with the utmost seriousness. Today, we are publishing a cycling and walking safety review, with 50 actions designed to pull together a whole suite of Government policies and set in motion further work specifically designed to improve not merely cycling and walking safety, but also air quality and the fight on issues of health and obesity, and to improve access to high streets and economic productivity, all of which go to many of the general points the hon. Lady raises.

[Fiona Bruce (Congleton) (Con)]

Following the success of the Tour of Britain in 2016, the Cheshire East Council leader called Congleton

“The heart of cycling in Cheshire East”,

and town councillor Suzie Akers Smith, who is mayor of Congleton this year, in our 700th year of having a mayor, made cycling her flagship project. Yet despite leading the development of a cycling masterplan for Congleton in 2016, more than two years later, after a number of funding applications and more than 400 meetings, Councillor Akers Smith has been unable to make any progress to obtain material substantive support for her project. Will the Minister meet me and the mayor to discuss this?

[Jesse Norman]

I am delighted to hear that Congleton has been declared the centre of cycling in Cheshire East, and I would be delighted to meet my hon. Friend to discuss the problem in more detail.

[Helen Whately (Faversham and Mid Kent) (Con)]

11. What steps he is taking to make air travel more accessible for disabled people.

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[Mr Stephen Hepburn (Jarrow) (Lab)]

15. What recent steps his Department has taken to improve road safety on the A19.

[The Minister of State, Department for Transport (Jesse Norman)]

Since 2011, Highways England has delivered safety improvements at many locations on the A19, and more are planned or are under way. For example, works to improve safety at Sheraton have commenced and are expected to complete by spring 2019. A safety review was undertaken along the A19 from Dishforth to the Tyne tunnel in summer 2018, in order to inform further interventions.

[Mr Hepburn]

The Minister will be aware that this week is Road Safety Week, and my two local newspapers, The Shields Gazette and the Sunderland Echo, are running a “Safe A19” campaign, backed by the local MPs. Bearing in mind that the Department’s safer roads fund was underspent by £75 million last year, will he commit funds to the A19 to alleviate local concerns?

[Jesse Norman]

I am grateful for the question. As the hon. Gentleman will be aware, the study of the A19’s safety has already been completed and is being analysed at the moment. The £75 million to which he refers was not underspent; the whole fund was used for the 50 schemes that were applied for and was fully discharged for that.

[Douglas Chapman (Dunfermline and West Fife) (SNP)]

16. What discussions he has had with Cabinet colleagues on the potential merits of creating free ports in the UK.

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[The Minister of State, Department for Transport (Jesse Norman)]

The UK Government and European Commission have agreed in principle that the two sides should negotiate a comprehensive air transport agreement, and the Department is working closely with the aviation sector to ensure its requirements are factored into the negotiations.

[Martyn Day]

The draft withdrawal agreement will have done little to alleviate the uncertainty of the aviation industry, and with the post-Brexit relationship yet to be negotiated and the risk of no deal increasing, can the Minister confirm whether the aviation agreement talks, which the Secretary of State earlier this month said were ready to start, have now begun? When does the Minister expect them to be concluded?

[Jesse Norman]

The hon. Gentleman is a keen student of Adam Smith and he will therefore know that free trade is constantly something that both sides will benefit from and will seek to derive gain. The conversations that he mentions continue and both sides have a strong interest in reaching a deal. That should be no cause for surprise, because the President of the European Council said on 7 March:

“I am determined to avoid that particularly absurd consequence of Brexit that is the disruption of flights between the UK and the EU”,

and he was right.

[Chris Elmore]

Less than a month ago, the Secretary of State told the aviation conference that it was theoretically possible that the European Aviation Safety Agency could refuse or delay the certification of UK-certified planes. Now we have even less time before we leave the EU, so can the Minister offer any more certainty to the aviation sector?

[Jesse Norman]

I can do no better than to remind the hon. Gentleman of the notice that was published on 13 November which said specifically that there would be reciprocity in operations between the UK and the EU in the air transport sector, that aviation safety certificates would remain valid for a period of time, and that passengers and cabin luggage from the UK would not need to be rescreened. This all points to the likelihood of a perfectly good, sensible and comprehensive agreement.

[Thangam Debbonaire (Bristol West) (Lab)]

Will the Minister tell us whether Airbus, which is critical for Bristol jobs, and the other manufacturing industries in its supply chain will be able to maintain planes and move parts between the UK and the EU exactly as before if there is no deal?

[Jesse Norman]

As the hon. Lady knows, we expect there to be a deal and there is every reason for there to be a deal. Contingency arrangements are already in place, and I would direct her to the technical notices that have been published on this topic.

[Alex Burghart (Brentwood and Ongar) (Con)]

20. What recent discussions he has had with the Mayor of London on progress on delivering Crossrail.

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[Tom Tugendhat (Tonbridge and Malling) (Con)]

T3. Disruption on the M20, M26 and all roads in Kent is having a serious impact on the county’s economy. Schools are reporting that as many as 15% of students are getting in late, and businesses are already preparing for shift working in case their employees cannot get to work. That will cost serious time and serious money. A combination of works on the M26 and overnight closures on the M20 not ending until 6 am are causing the problems. My hon. Friends the Members for Chatham and Aylesford (Tracey Crouch), for Maidstone and The Weald (Mrs Grant) and for Faversham and Mid Kent (Helen Whately) and I have already written to Highways England for answers. Will the Minister explain to residents, schools and businesses in Kent just what he, Highways England and Kent County Council are doing to keep Kent moving?

[The Minister of State, Department for Transport (Jesse Norman)]

My hon. Friend will know, because we have met on many occasions and discussed this matter in the Chamber, that the Department is very focused on concerns in the south-east. Highways England is carrying out works on the M20 smart motorway scheme between junctions 3 and 5. That work is about relieving congestion and improving journeys. Of course, some disruption is inevitable—that goes with major programmes of road investment—but I will ask Highways England to investigate the effect of the current roadworks, and in particular the timing of the overnight closures on the M20.

[Diana Johnson (Kingston upon Hull North) (Lab)]

If the Government really are serious about Northern Powerhouse Rail, will they commit to giving it precedence over Crossrail 2? Will they also commit to starting with the route from Hull to Leeds, as that part of the track has had very little investment over the years?

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[Ian Mearns (Gateshead) (Lab)]

We have known for five decades that there were 4,000 holes in Blackburn, Lancashire, but the number in Gateshead now far outstrips that—potholes I am talking about. When will we get some resources to the local authorities to mend the holes in our roads and to give drivers much-need alleviation from the problem?

[Jesse Norman]

I absolutely understand the hon. Gentleman’s concern. As I have already pointed out, the spike in potholes, to which he refers, originally occurred between 2005 and 2010. He asks when, and the answer is in the previous Budget where a specific £420 million in-year contribution was made. I do not have the numbers to hand, but if I did I have no doubt that I would find that multiple millions of pounds have been spent in his highway authority locally on potholes as a direct result of that funding announcement.

[Mark Menzies (Fylde) (Con)]

T6. Following our summer of severe service disruption that saw Northern rail cancel more than 12,000 services, will the Secretary of State meet me to discuss how we can ensure that it does not happen next year? More importantly, though, can we also discuss the building of the South Fylde line, which will see the doubling of the service from once an hour to every half an hour, as it will be a huge boost to the Fylde coast?