Vehicle Technology and Aviation Bill

John Hayes Excerpts

2nd reading: House of Commons & Carry-over motion: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons
Monday 6th March 2017 Commons Chamber

[The Minister of State, Department for Transport (Mr John Hayes)]

If I may say so, the hon. Gentleman is making an extremely thoughtful speech. The socialisation of the inanimate depends on understanding the interface between the robotic technology he describes and human beings, as the hon. Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry) said. Understanding the impact it will have and the benefit it might bring allows the acceptance of the inanimate and socialises it accordingly.

[Stewart Malcolm McDonald]

The Minister is absolutely right.

In his first intervention, the hon. Member for Tonbridge and Malling asked about the change this will bring to our economy. The big technological change that stands before us will perhaps bring us some unintended consequences. For example, if driverless cars become a thing of the mass market, what of the future of car parks? Local authority car parks are worth over £1 billion to the economy according to the British Parking Association, and that does not take into account private sector car parks. Mr Deputy Speaker, if you can get your car to take you to the airport and programme it to pick you up after your two weeks in Salou—though I am sure you would not be away for that long—or wherever you have chosen to spend your time, why on earth would you pay the fees, which are in some cases exorbitant, for your car to sit in the car park for a fortnight? It also raises questions about what it will mean for the workforce who drive taxis, buses or HGVs, who, it has to be said, in most cases do not have the education or qualifications to go into other skilled parts of the economy.

--- Later in debate ---

[Neil Parish]

That is a very good point. We should lead by example in the House, and if more of us have electric cars, we shall need more electric charging points. I look forward to hearing the Minister respond to my hon. Friend’s point—

[Mr Hayes]

rose—

[Neil Parish]

And I see that he is just about to do so.

[Mr Hayes]

I think that is an excellent point, Mr Deputy Speaker, and I know you will think so too. We will get on to it straight away. I will ask my officials—indeed, Mr Deputy Speaker, I am asking them now, through you—to bring me some reports, as a matter of urgency, on how we can do something about the matter.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

It will probably be done overnight.

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[Mr Baker]

That is interesting, and I love the way the hon. Gentleman has framed that for me. The point I was trying to get to is the one I made, which is that the language of clause 4 must be tight enough to ensure that, should it be tested in court, we do not find that the law fails as a result of describing software as the “operating system”, which is the wrong term. I dread the day that this House starts regulating how software is written. Much as I respect my colleagues in this House, the last thing I would want to see in legislation, having been a professional software engineer, is detail of how to write software, particularly safety-critical software. I will be grateful for having done my MSc in computer science when the House is able to have a detailed discussion of Object-Z, but that day is far off. We should not be legislating for how safety-critical systems should be engineered.

I have two other points on the Bill. I am glad we are now legislating for offences relating to the use of lasers. I was an engineer, rather than a pilot, but I can see the issue. The Government are wise. If anything, I would ask whether the penalty is harsh enough given that we could be talking about airliners with large numbers of passengers.

My final point is about drones. Having looked at the legislation on remotely piloted vehicles, I think there is a danger of constraining things not just too tightly but quite wrongly. If we were to regulate drones such as the DJI Phantom, which are hobbyists’ toys for taking video footage, as if they were aircraft, we could end up ruling out perfectly legitimate uses—for example, the man who uses a drone to inspect tiles on rooftops so that he can reduce householders’ bills because, by doing so, he can avoid the expense of putting up the scaffolding that he is now legally required to use before going up on a roof. By investing in a drone and flying it near someone’s home, this person saves the householder a fortune, without endangering them. Were we to regulate these things as aircraft, he would not be able to do that.

[Mr Hayes]

Let me reassure my hon. Friend that we are consulting on those matters, and his contribution to that consultation is eagerly awaited and most welcome.

[Mr Baker]

I am grateful for the addition to my workload.

I wish to make a final point about diesel, which has been mentioned. I drive a diesel vehicle, and I am conscious that there is a good argument to say that so many of us are in diesel cars because Governments encouraged us to drive them, in the interests of reducing CO_2. Let us not compound one bad incentive with other poor incentives. Let us just be a little more humble about what we encourage people to do in large numbers and leave room for experimentation and for markets to work, provided always that people carry the costs of their own decisions.

--- Later in debate ---

[The Minister of State, Department for Transport (Mr John Hayes)]

I have just over two hours in which to sum up this debate, and it will not be easy. It is with great pleasure that I close the Second Reading debate on this Bill. It has been an excellent afternoon’s and evening’s debate, without a glimpse of animus, a hint of acrimony or a moment of contumely. In that spirit, I thank very much all who have contributed to the important consideration of this important subject.

The Bill is not politically charged or partisan. We act in the national interest and for the common good. I am grateful to Labour Front Benchers for their kind comments about the spirit in which we have embarked on this process. They can be assured that that will continue during its scrutiny. By the way, as they have said, it is right for the Opposition to hold us to account and that they should critique the Bill. I look forward to such discussions and debates in Committee and beyond, because I know that the Bill will be improved with that kind of considered and measured scrutiny.

As many of those who spoke have said, the Bill is certainly prescient, pertinent and, I might even say, pellucid—pearl-like—in its quality. However, that does not mean that we should not listen and learn from its further consideration. As well as the Government, other parties will help to frame the shape and form of the legislation; it is right that they should because we are preparing, together, for the future. As I have said, this has to be driven by the wellbeing of all our people. We share a commitment—do we not?—to ensuring that the UK remains one of the best places in the world for the research and development of the next generation of transport technology that is fit for those to come.

As the hon. Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry) said, these things must be shaped by the influence they have on people’s lives and life chances. It is true, as the hon. Member for Glasgow South (Stewart Malcolm McDonald) described so eloquently, that technological change is rapid, dramatic and—as the hon. Member for Birmingham, Northfield (Richard Burden) said—perhaps even revolutionary. However, it has to be measured against the difference it makes to those who enjoy it, and those who do so must not be limited to the privileged few; it must be for the many. It is also true that the Bill must ensure that the UK benefits from the economic and social opportunities that the next generation of technology will provide. This is not a Bill that tries too hard to do too much, but instead a Bill to pave the way, carefully, to the future.

Winston Churchill once said that the future is unknowable but the past should give us hope. The lesson of the past is that good government must always attend to the future, a future with all its potential and pitfalls, as the hon. Member for Southport (John Pugh) described it. It is the Government’s ascription of value to the future, as well as to the present, that motivates us in putting this proposed legislation before the House. Putative technology is rapidly changing, but we cannot predict exactly how it will develop.

Let me say what the Bill is not. It is not prescriptive. It directs us to the future, but it does not try to dictate it because we simply cannot. As the hon. Member for Birmingham, Northfield said in his summing up, that presents a dilemma for the Government. Should we delay to be certain and risk falling behind, or legislate now with the risk of error? It is true, as the hon. Member for Glasgow North West (Carol Monaghan) said, that these matters are changing rapidly. By the way, I would be delighted to attend her recently formed all-party group. That sounds as though I have invited myself, but I am sure she will accept my suggestion in the spirit with which it is offered to talk through some of the drama of the rapid changes she described.

In truth, we must do what we can now and leave what we could do for the future. This measured approach characterises the Bill. I recognise that, as the hon. Member for Birmingham, Northfield said, no one in this House, particularly the Opposition, would want to give the Government what he described as a blank cheque. It is right that we consult properly and fully and that we set out as much as we can about how further developments will happen. It is true that the Bill paves the way to the future through a series of powers taken by the Government, but it is right, too, that those powers should be framed in a form that the House will respect, as a means of further scrutiny and shared consideration. I understand that call and will respond to it.

The Bill, as the Secretary of State set out, will do a number of important things. It will make it compulsory for drivers of automated vehicles to have insurance that covers innocent “drivers” who are legitimately disengaged from the driving task, as well as any innocent third parties involved in a collision. The Bill will give the Secretary of State powers to improve the charge point infrastructure for electric vehicles, powers to create technical standards, enable interoperability and ensure consumers have consistent information on pricing, location and availability.

The need to ensure that the charging infrastructure is reasonably and fairly spread lies at the heart of our ambitions. As was said by many contributors to the debate, not least my hon. Friend the Member for Tiverton and Honiton (Neil Parish), it is right that rural areas across the country should have access to charging points. We do not want them to be focused entirely on urban areas, a point raised by other hon. Members, too. My hon. Friend also made a point about the rapidity of charging vehicles. It is important that we not only accelerate the roll-out of electric vehicle infrastructure at key locations, such as motorway service areas, but make charge points modern and flexible and take advantage of technological change, so that people can charge their vehicles more quickly.

As my hon. Friend the Member for Milton Keynes South (Iain Stewart) said, it is important that we take account of the regulatory environment, both in respect of electric vehicles and automated vehicles, and we will do so. He is right to suggest that that will change as the technology changes, and I understand his call perfectly.

Our management of those providing our air traffic services will be improved through more appropriate control of the licences under which they operate, including enforcement tools and unlocking access to more efficient forms of finance. Holidaymakers will see their protection against the insolvency of travel companies extended to cover a broader range of holidays. Protection will also be aligned with that offered across Europe to allow UK-established companies to sell more easily throughout Europe and across borders.

Commercial vehicle owners will be given access to a greater range of sites to undergo their mandatory tests, and controls will be put in place to ensure fair prices for using those sites.

The shadow Secretary of State raised the issue of employment. We will address that. I appreciate and understand his concern about jobs, so I will come back to that issue when I have concluded these brief introductory remarks and move on to the main part of my summation.

The legislation will make it an offence to shine a laser at an aircraft or any mode of transport, so improving the police’s ability to maintain the safety of our transport network and safeguard wellbeing. This has been widely welcomed across the House, as I think we all recognise the risk posed by these devices getting into the wrong hands and the need to act now to deal with that risk.

The Bill will provide greater transparency and police accountability in the way in which fees are set for courses offered as an alternative prosecution for driving offences.

We have heard so many interesting and thoughtful contributions to this debate. I shall try to respond to some of them now, but I give this, perhaps unusual, commitment, Mr Deputy Speaker, that I hope will be welcome: I shall respond in writing to every point that has been raised. There have numerous points and I would tire Members if I were to go through them religiously and in detail now, but I will commit to respond to each and every one of them, following today’s debate.

Let me therefore in this short peroration—[Interruption.] I hear someone behind me saying “all too short”. [Interruption.] Welcome to the Chair, Madam Deputy Speaker. I was just saying that in this perhaps all too short summation I shall have time to deal with only some of the contributions, but will deal with them all subsequently in writing.

On the points made about insurance, I appreciate that, as suggested by my hon. Friend the Member for Milton Keynes South, the hon. Member for Inverness, Nairn, Badenoch and Strathspey and others, people are keen to make sure that the insurance industry responds in a way that is appropriate and protects the interests of drivers and those who might suffer as a result of accidents. As it is important that we do not over-regulate, we are consulting; we have been in discussion with the industry; but the critical point is that no one must be worse off than they are now in respect of liability and that people’s interests are protected. Frankly, I accept that different insurance models will develop—different products are bound to result from these changes—but I am more than happy to discuss this during the passage of the Bill and outside it. We will have to deliver those objectives through the Government working with the insurance industry to guarantee absolutely the commitment that no one will be worse off and that people will be properly protected.

I think that Members have been right to suggest that it is possible for changes in technology ultimately to drive premiums down. The safety that results from automation might well reduce risk, and if risk is reduced, it is likely that the vehicles will become easier and less expensive to insure. I do not want to give any guarantee, but I think that change is most likely in that direction. Let us take the steps we need to take now, so that we do not constrain or inhibit these developments. Let us do so without dictating the future but simply by pointing towards it.

My right hon. Friend the Member for East Yorkshire (Sir Greg Knight) was understandably concerned about older vehicles. I understand that, as an owner of many of them, he speaks for many others who share his concern. I want to be absolutely clear, although I think that he knows this already, that vintage and classic car drivers have nothing to fear while the Secretary of State and I are in post, because we appreciate their perfectly proper concerns. They have a particular interest, which should be neither ignored nor disregarded. My right hon. Friend can be sure of that.

My hon. Friend the Member for Milton Keynes South made a good point about the protection in place to prevent hacking cyber-security on automated vehicles. It is clearly vital that security is designed for these systems from the outset. We are actively shaping the agenda to deliver outcomes on those important issues at the relevant international forums, including the European Union and the United Nations Economic Commission for Europe. We shall be chairing a technical working group with the aim of developing internationally harmonised guidance, standards and regulations.

I am pleased that the hon. Member for Middlesbrough (Andy McDonald) raised the issue of consistency and pricing in the context of electric vehicles. I shall be taking action in that regard. It is only fair for drivers to be charged the market rate for the electricity that they use. Electric vehicles will still offer significant savings in running costs, especially given that most charging takes place at private charge points—for instance, at home or at work—but we want to ensure that the market is competitive, the costs are fair, and the consumer’s interests are protected. We plan to introduce new regulations this year, under existing powers, consulting further when necessary, to improve the consistency and comparability of pricing information. Everyone is familiar with the price of petrol being given in pence per litre, and with the clear, simple signage at petrol stations. It should be just as easy to shop around and get the best deal for electric vehicle charging, and we will make sure that it is.

The hon. Member for Southport and the hon. Member for Inverness, Nairn, and other places—[Laughter]—not that those other places are any less important than Inverness or Nairn, as I am sure the hon. Gentleman will be quick to point out—raised the issue of hydrogen, and how that technology fits into the Bill. I know that I have talked a great deal about charge points and automated vehicles, but the Government must have a technology-neutral perspective. In achieving our goal of zero road transport emissions, we must rule out no emerging technology. Hydrogen fuel cell vehicles are at an earlier stage of technological development and market roll-out than battery electric vehicles, but, as has already been said, they can offer a useful alternative, particularly in certain settings. We are supporting the early market for those vehicles and the development of an initial refuelling network, and we are excited to see how the market is developing. We also recognise the wider economic and decarbonisation benefits that hydrogen, as a flexible energy source, could provide.

The hon. Member for Birmingham, Northfield spoke briefly about NATS. The Bill does not include privatisation measures, and, as the hon. Gentleman will know, the measures that it does include have been widely welcomed by those who felt that the regime needed to be updated and to become more practicable.

In the context of the air travel organisers’ licence, the hon. Member for Inverness, Nairn, Badenoch and Strathspey made a good point about how the Bill would help UK businesses to trade in the European economic area. UK-established businesses licensed under ATOL will no longer need to comply with the different insolvency rules in other EEA states, which will make cross-border trade easier. It will give such businesses more opportunities to sell to a wider consumer base, and to grow.

The hon. Gentleman also said that he wanted to ensure that British consumers were safe post-Brexit. Far be it from me to anticipate the negotiations—that would be well above my pay grade, and outside my orbit—but it is important for us to continue to co-operate in these matters, and of course it is right for us to continue to take into account holidaymakers and other consumers throughout Europe. I have no doubt that there will be many opportunities to debate such issues as the Bill progresses, and I do not want to anticipate those exciting opportunities this evening.

The hon. Member for Middlesbrough asked whether staff would lose their jobs when we closed Government-owned sites for vehicle testing. The answer is plain: no. The Driver and Vehicle Standards Agency will still employ the examiners who deliver the vehicle tests at private sector sites. Staff who maintain the facilities do so under a contract with a total facilities management provider, and are responsible for a number of different facility contracts as well as the DVSA contract, so they will be redeployed on those contracts. That will include the maintenance of local driving tests centre under the same contract with the DVSA.

My hon. Friend the Member for Wycombe (Mr Baker) raised the issue of lasers, so let me be clear again about that. Under the new offence, the police will have the power to search after arrest on suspicion. Creating a laser-specific offence will bring consistency across all modes of transport, give police the powers they need to investigate the offence fully, and carry penalties that reflect the seriousness of that offence.

As the hon. Member for Birmingham, Northfield raised this point, I emphasise that diversionary courses are not an alternative to proper enforcement. He is right to emphasise that, and I do so too from the Dispatch Box in accordance with his request.

The hon. Member for Strangford (Jim Shannon) asked for a reassurance that we will work with colleagues in Northern Ireland. I can confirm that we will and that we have been in close contact with devolved Assemblies in respect of this Bill. I have both spoken to Northern Irish Ministers and received their communications, which have allowed the further development of the Bill. Indeed, I have spoken to Scottish Ministers too, to ensure that they, the Welsh and the Irish understand what so many contributors to this debate tonight have grasped: this Bill is important, non-partisan, vital for our future, and measured. The Government understand that as the Bill develops it will evolve and change as the technology changes. That is the approach that we are adopting, and I am very grateful for the welcome that that approach has been given.

[Jim Shannon]

I am very pleased to have the Minister’s reassurance in relation to the Northern Ireland Assembly, and in relation to the Scottish and Welsh as well. The Government have given a certain amount of financial assistance, certainly for electric cars and ensuring there are charging points. Is it possible to confirm for Hansard today in this Chamber what that financial commitment will be to the Northern Ireland Assembly?

[Mr Hayes]

As many more issues to which I wish to respond have been raised in this debate, I suggest that I add the hon. Gentleman’s request to the list and make sure I satisfy him, as far as I can, in respect of the matter he has raised.

It is a consequence of our knowledge of the past and our assiduous stewardship of the present that we can now prepare for a presently unknowable future. I was challenged by one of my hon. Friends to introduce some poetry to my peroration, and I did not want to let her down. As T. S. Eliot wrote in the “Four Quartets”:

“Time present and time past

Are both perhaps present in time future,

And time future contained in time past.”

I thank all who have spoken for their contributions, and anticipate further consideration of the Bill without fear of contumely or animus, but rather with confidence and enthusiasm. In particular, I am grateful to the Opposition for their sedulous and thoughtful approach. Change and challenge face us all; Government must meet both with foresight tempered by care, and ambition softened by humility. We cannot be certain of all that will come, but we can certainly ensure that all we do is driven in the national interest and by the common good. I therefore commend this Bill to the House.

Question put and agreed to.

Bill accordingly read a Second time.

Vehicle Technology and Aviation Bill (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Vehicle Technology and Aviation Bill:

Committal

(1) The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 23 March 2017.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Proceedings on Consideration and up to and including Third Reading

(4) Proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and Third Reading.

Other proceedings

(7) Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.—(Chris Heaton-Harris.)

Question agreed to.

Vehicle Technology and Aviation Bill (Ways and Means)

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Vehicle Technology and Aviation Bill, it is expedient to authorise:

(1) the charging of fees for courses offered as an alternative to prosecution for road traffic offences;

(2) the payment of sums into the Consolidated Fund.—(Chris Heaton-Harris.)

Question agreed to.

Vehicle Technology and Aviation Bill (Carry-over)

Motion made, and Question put forthwith (Standing Order No. 80A(1)(a)),

That if, at the conclusion of this Session of Parliament, proceedings on the Vehicle Technology and Aviation Bill have not been completed, they shall be resumed in the next Session.—(Chris Heaton-Harris.)

Question agreed to.