Aviation Security (Reasoned Opinion)

John Hayes Excerpts

Monday 31st October 2016 General Committees

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

It is a pleasure to serve under your chairmanship, Mr Hanson, and a pleasure to follow the hon. Member for Blackley and Broughton, who, as ever, has brought sagacity and eloquence to our affairs. On this matter, it gives me a great deal of pleasure to say that I agree with what he has said already, and I will set out why.

This measure is probably an archetypical example of the European Union doing what it does not need to do, in a way that it does not need to do it, and that is unhelpful to this country’s interest. I understand entirely therefore why the European Scrutiny Committee has recommended that the matter be debated.

I have an immensely long speech prepared for me but I will abbreviate it—you will be pleased to know that, Mr Hanson—because I think I can set out in sufficient detail in a much shorter way a legitimisation or justification of the assertion that I have just made that is true to the motion.

There are several critical things here. The first is that the UK has one of the strictest aviation security regimes in the world and we keep that regime under constant review. In my previous job at the Home Office as Security Minister, I looked at these matters very closely and at first hand, examining the latest developments in screening technology at airports, for example, which enable us to maintain high standards of security.

The second point is that much of our aviation security derives from a common regime that is already in practice. That regime is Europe-wide; it applies across the European Union. However, that regime allows member states to add their own more stringent measures on top of the baseline standard that applies across the continent.

Of course, that regime is based on particular risk assessments. The circumstances at different airports and in different countries will vary, and it will be necessary to put in place particular measures that are relevant to those circumstances. Different countries have different threat levels; I think that is well understood. To reflect that, we in the UK apply a number of more stringent standards, of the kind that I looked at in my previous job.

I also mentioned a moment ago that aviation security has at its heart the way in which we screen individuals and materials that pass through airports. Screening methods vary from the archways designed to detect metal objects carried on a person’s body to machines designed to detect explosives in cabin baggage or hold baggage.

To ensure that such equipment is fit for purpose, I entirely recognise that it is important that we have standards and that those standards are applied with rigour. It is also important that we are aware of changing threats and take advantage of changing technology. Screening technology is moving on, allowing us to detect materials that previously would have been undetectable.

Standards for checking, testing and validating those technological advances are already in place, having been developed over a number of years and having been overseen by ECAC, which is a pan-European body that brings together 44 European states to work jointly on such matters. Government scientists work alongside their contemporaries from other countries, clearly making a significant contribution to the work on testing standards for screening equipment. It is important that these standards are very exacting and encourage manufacturers to innovate in order to promote the development of new technologies that drive up performance.

Under the proposal that has emanated from the European Union, each member state would be required to designate a body with responsibility for approving the compliance of equipment that is used in the delivery of EU security rules, by issuing EU-type approval certificates on the basis of prototype testing. Once a state has granted type approval to a manufacturer for a particular model of equipment, it is valid throughout the European Union.

The problem is that equipment standards are already at least as high as those required under the proposed regime, so the regime would add nothing to what is happening now. It is unnecessary and unwelcome, but it might be worse than that: it might actually prevent us from developing and applying these new higher standards. It is undoubtedly true that this proposal conflicts, although not necessarily intentionally, with the principle of subsidiarity, as the hon. Member for Blackley and Broughton amplified in his opening remarks and as is implicit in the motion. Because of those core points—first, that there is a high level of aviation security in the UK, secondly, that there is a pan-European approach that already works, thirdly, that this might worsen the situation and, fourthly, that it is clearly contrary to the principles that underpin subsidiarity—I fully appreciate, understand and am mindful to support the motion.

[The Chair]

I thank the Minister. We now have until 5.35 pm at the latest for members of the Committee to ask questions. Members, at my discretion, can ask more than one question in an exchange.

[Richard Burden (Birmingham, Northfield) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Hanson, and to serve alongside the Minister. We were just saying that the last time I did so was on the Infrastructure Bill, which went on for a great deal longer than this debate will.

I have a few questions. First, the Government’s explanatory memorandum, the Minister and the Under-Secretary in the other place, Lord Ahmad, have all said that there have been improvements in the European Civil Aviation Conference’s common evaluation process in recent years. I would be grateful if the Minister can outline those improvements and how they address some of the issues that the regulation is intended to address.

Secondly, both the Government and the European Scrutiny Committee expressed concerns about the impact that this regulation could have on the ability of member states to implement higher standards and more stringent measures on aviation security equipment. I am not entirely clear whether that is a theoretical concern or whether it is based on any evidence. Are there any examples of similar regulations that have caused that to happen?

Thirdly, since the publication of the European agenda on security, have the UK Government been consulting with other member states on aviation security equipment? Does that have any significance for the European Commission’s argument for this proposal on the subsidiarity principle? There may be a link between my first question and my third.

Fourthly, as the Minister is aware, the European Commission drew up five policy options in its impact assessment for this proposal. It would be useful to know the Government’s position on those five options.

[Mr Hayes]

On the third question—to maintain the Committee’s interest, it is important that I mix up the order of my answers—it is certainly true that the UK Government have enjoyed close co-operation with other European countries on aviation security. Indeed, by necessity, our approach to aviation security is pan-national, and not just with European countries. The Home Office has worked with countries from around the world that are important destinations for UK travellers to improve airport security, including by sharing equipment and expertise where appropriate. In specific relation to the proposal, we have worked with other members of the EU. The hon. Member for Blackley and Broughton mentioned France. France is known to share our view on the proposal, and it is likely that other countries will, too. I will not go exhaustively into the process that will now enjoin the European Union as a result, but it is likely that a considerable number of countries will try to ameliorate, mitigate or block the proposal. Indeed, France is already actively, in the way the hon. Gentleman mentioned, doing what we are being asked to do today.

In answer to the first question asked by the hon. Member for Birmingham, Northfield, which was on the development of standards, I mentioned ECAC and the role it has played over a considerable time. We have succeeded in developing standards that essentially do two things. Actually, they do three things—I am receiving advice, which I will use to supplement what I am saying, as Ministers always should. You know that, Mr Hanson, from your time as a distinguished Minister in the Home Office.

The first thing the standards do is take advantage of cutting-edge technology. In practice, that means we are trying to detect more things more accurately. The read-out from the latest scanning technology is clearer. It is designed to detect smaller items that might be concealed about someone’s person or in their baggage. In essence, it is about having a speedier, more effective process.

Secondly, the process produces fewer false alarms. False alarms are important in this area, because they delay the process and the alacrity necessary for the efficient practice of airports. Having fewer false alarms reassures people about the certainties in the system. If there are many false alarms, that undermines confidence on the part of airport staff and others that the system will deliver when it needs to.

Thirdly, co-operation in the scientific community among security experts in both the private sector and the public sector is facilitated by the ECAC process. Discussion at Government level and at primary source level—if we think of the technologies, the scientists and the businesses as primary sources of the equipment—is facilitated by the process. Improvements are being made, is the answer to the hon. Gentleman’s first question.

The hon. Gentleman’s second question was about why the proposal might do harm. The risk is that, at its worst, it could force us to accept technology that does not detect the latest threats. If we moved away from the ECAC system, which is essentially what the proposal means, we would be transferring power to the Commission under the guise of that slightly Orwellian term, “harmonisation”. I have a very balanced view of the EU, as members of the Committee know—I take an immensely reasonable position—but when it comes to the EU, that term is usually a proxy for taking power.

Under the guise of harmonisation and with the delegation of responsibility to individual member states, it is not inconceivable that we could end up with equipment that was less effective than it needed to be. I am concerned about that. I do not say that it is a likelihood, but it is a possibility under the proposed regime. Fundamentally, if it ain’t broke, don’t fix it. ECAC seems to be working well, so it does not need to be changed. As I said at the outset, the provision seems unnecessary.

Was there a fourth question? If so, what was it?

[Richard Burden]

The fourth question was about the policy options that the Commission is looking at.

[Mr Hayes]

I am grateful to the hon. Gentleman. As he said, we have worked together before. There are options to try to mitigate the provision. He will be as familiar as other members of the Committee with how the process works in Europe. There will be continuing discussions before the provision gets to the point of being implemented. If it were to be implemented, that would be at least two years down the line. The question that has not been asked—almost the question that dare not speak its name—is, what will happen to this proposal in relation to Brexit? [Interruption.] The hon. Gentleman says he is coming to that, and I have rather unkindly anticipated his next question.

To be frank, I cannot see us implementing this proposal and we will do all we can not to do so. If we could not mitigate the proposals in the process that we will now endure and if we could not build a sufficient blocking minority among other nations—which I think we probably could—I suppose it would be theoretically possible that we might end up having it forced upon us for a very short period.

My real anxiety, however, which will be spinning through the hon. Gentleman’s mind at the moment, is what happens to other European countries. Even if we were not part of this scheme—if ECAC is undermined by this—we might all in the end be losers. It is in the interest not just of our country, but of all the countries of Europe, that we affirm our support for the existing arrangements, which seem to me to work well. The frank answer is that we will oppose this proposal at every turn and try to stop it.

[The Chair]

If there are no further questions from Members, we can proceed to debate the motion.

Motion made, and Question proposed,

That the Committee takes note of European Union Document No. 12090/16 and Addenda 1, 2 and 3, a proposal for a Regulation of the European Parliament and of the Council establishing a Union certification system for aviation security screening equipment; considers that the proposal does not comply with the principle of subsidiarity for the reasons set out in Chapter 1 of the Sixteenth Report of the European Scrutiny Committee (HC 71-xiv) and, in accordance with Article 6 of Protocol No. 2 annexed to EU Treaties on the application of the principles of subsidiarity and proportionality, instructs the Clerk of the House to forward this reasoned opinion to the Presidents of the European Institutions.

--- Later in debate ---

[Mr Hayes]

The hon. Gentleman has raised three or four important points and it is important, because of the significance of this subject, that I address them. He is right that aviation security is a matter of profound concern to us all. I do not need to rehearse the events of recent years but it is very clear to members of the Committee and clear more widely that it is vital that we are as sure as we can be about safety and security at our airports. The Government are absolutely committed to that aim.

The hon. Gentleman is right, as I said earlier, that this has to be considered pan-nationally. The nature of the business we are in, travelling from one place to another, means the point at which someone arrives is as important as the point of departure. To that end, the Government will continue to work with countries across the world—not just across Europe—to maintain and raise standards.

The hon. Gentleman asked about the real chance of this proposal from the European Commission having a deleterious effect on our ability to do the things I have just described. Let me be clear that the proposal is that each member state will be required to designate a body severally, with responsibility for approving the compliance of equipment that is used in the delivery of EU security rules by issuing an EU type approval certificate on the basis of prototype testing.

Once a state has granted type approval to a manufacturer for a particular model of equipment, that would then be valid throughout the EU. The manufacturer would then issue a certificate of conformity to accompany each new piece of equipment. However, the proposed new regulation’s article 4, to which I draw the attention of the Committee, appears to override that provision on internal market grounds by expressly prohibiting member states from imposing “additional requirements” in respect of any equipment that has been approved by any other EU member states under the proposed regime. For the benefit of Members who do not have the text in front of them, the article states:

“Member States shall not impede the making available and/or putting into service of any equipment which is accompanied by a valid certificate of conformity issued in accordance with Article 5”—

which I mentioned a moment ago, and:

“They shall not impose additional requirements in respect of such equipment.”

That is not what happens now. ECAC devised and delivered a baseline standard, and countries across Europe are able to build on it. As the hon. Gentleman said, it is absolutely right that we maintain those baseline standards, and that we do more as necessary. As I think he said, it is also right that different countries do different things at different times, because not only does the technology change, but the threat is dynamic.

Our fear is—although legally this is not absolutely clear, to be honest—that it is possible that the measure could have the disadvantageous effect mentioned by the hon. Gentleman as a question, and to which I alluded earlier.

[Richard Burden]

I understand what the Minister is saying, but I still put that against the assurance of the European Commission in the quote I cited. The Commission seemed to be saying—certainly its impact assessment stated this—that the proposal would allow producers to market and sell their products throughout the European Union once certified by one member state. It does not state, as I understand it, that therefore any airport or member state has to buy those products when it has more stringent requirements of its own.

[Mr Hayes]

It does not say that—the hon. Gentleman is right. It does not oblige member states or particular airports to buy that equipment, but given that what applies at the moment is that we have the baseline standards that I outlined, and some countries and airports choose to do more, it is hard to know what advantage this proposal brings. At the very least, it is unnecessary, and perhaps worse, it may be undesirable. That brings me to his second core point, about consultation.

The consultation conducted by the Commission was on general principles, not on the specifics that the hon. Gentleman has, with his usual keen eye, drawn to the attention of the Committee. Those general principles, rather than a specific proposal that could have been considered, are things about which we can all largely agree, frankly, so I would not put much weight on the consultation that the EU has so far enjoined. The specific concerns highlighted by the European Scrutiny Committee only really came to the notice of Members of this House or of other legislatures in Europe when the proposals were published in detail recently. That is why it is good to have this debate now, and it is why the Government have had only an informal consultation.

The hon. Gentleman asked, thirdly, about the future of ECAC. I think that there is a future for it, not least because its members value it. Turkey is a growing aviation power, and ECAC provides a forum to draw it into selected discussions. The worldwide character of the threat to aviation means that ECAC can and more especially should continue to play a key role, but it is certainly true that its position would become less significant—not insignificant, but less significant—were the new powers to be taken by the Commission, which is in part why I do not want them to be taken.

As I have said repeatedly, although perhaps this is indicative not so much of my Euroscepticism, which has more recently become extremely fashionable among the great and the good—or at least among the good—but more of my conservativism, we do not need to do things that we do not need to do. If things are working well, we do not change them—and that is not necessarily about political conservatism, but a slightly more cultural affair, Mr Hanson, which I say to reassure Opposition Members and others who might be listening.

The hon. Gentleman is right to ask his questions about consultation, the future of ECAC and the detail of the proposal. The reason that the French have taken the stance that they have—I suspect that they have enjoyed similar conversations, discussions and debates to the ones that we are now enjoying—is that the proposal is, at the very least, shrouded in uncertainty, doubt and scepticism. On that basis, and given the moderate and modest way in which the European Scrutiny Committee has gone about its work, it would ill behove us not to listen carefully to its advice on this occasion and support the motion.

I cannot end—you might be pleased, or sad, to hear, Mr Hanson—without a reference to Keats, since the shadow Minister challenged me to refer to him at the very outset of the sitting:

“Happy is England! I could be content

To see no other verdure than its own;

To feel no other breezes than are blown

Through its tall woods with high romances blent”.

On this occasion, England, Britain, the United Kingdom, is happy with the existing arrangements, and we should stick with them.

[The Chair]

The Minister might not have finished yet—it depends on whether anyone else wants to contribute in the almost one hour and 50 minutes that we have left for the debate. There is opportunity for others to contribute, if they so wish, but I sense that people do not wish to do so.

Question put and agreed to.

A34 Safety

John Hayes Excerpts

Wednesday 26th October 2016 Westminster Hall

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

It is a great pleasure to speak in this debate, Mr Chope, and I congratulate my right hon. Friend the Member for Wantage (Mr Vaizey) on securing it. He is a doughty champion of his constituents and a great friend of mine.

As my right hon. Friend described, the A34 has been of concern for a considerable length of time. He was right to draw attention to the work of my hon. Friend the Member for Oxford West and Abingdon (Nicola Blackwood), who raised and discussed this issue with me just this summer, following the tragedies that my right hon. Friend the Member for Wantage drew to the Chamber’s attention. It is absolutely right, at the outset, that I offer my condolences and sympathies to all those affected by those dreadful events he has highlighted today. Sympathy matters, but support matters more. It is really important, for those people and others, that we show that support; I think Disraeli said that

“justice is truth in action.”—[Official Report, 11 February 1851; Vol. 114, c. 412.]

We need action, because it is just and right that we give proper consideration to the A34.

First, let me deal with a matter that the right hon. Member for Oxford East (Mr Smith) raised—I have lots of notes here but I will refer to them only fleetingly, because I do not want to lecture people who already know more than most about details relating to the A34. However, I want to say, following his remarks, that I will review safety on the A34. I will take a close look and commit to a study of safety on the road. I have been thinking about the issue for some time; discussing it with my officials, given that this has been a matter of detailed concern, as I say, for a considerable time; and I have reflected on representations that have been made to me by Members in this Chamber and others and feel that we now need to look at safety on the A34.

Secondly, I am absolutely committed to the meeting that has been mentioned twice. It needs to be with all interested parties—by that I mean not only all colleagues who have a direct involvement and interest in these matters because of their constituency responsibilities, but Highways England and my officials. This round-table meeting should involve a genuinely open-minded debate about what more can be done.

A series of steps can be taken, so let me rehearse those in detail. I have no doubt that further technological improvements that we can make to this road will make a difference. Having looked at the map of the area, I am particularly conscious of the problems in the constituency of my right hon. Friend the Member for Wantage because of its topography. This is a relatively small road with hilly terrain, carrying a large number of HGVs, not least to and from the port of Southampton and the south coast. For that reason, it is sometimes a difficult road to navigate.

There may be further technological changes we can make. I am happy to write to hon. Members following this short debate to rehearse in detail some of the improvements that have been made. Many safety improvements have been made over the last five or six years by the Government, Highways England and prior to that, the Highways Agency, as hon. and right hon. Friends and Members know. However, we may be able to go still further with technological changes, by which I mean such things as interactive signage, gantries, and more information being provided to drivers that will compensate and mitigate some of the challenges associated with the topography that I described.

That being the first thing, the second thing was referred to by my right hon. Friend. We are, of course, looking at the Oxford-Cambridge expressway, which is part of the Government’s roads strategy. He made clear that the provisional study—the interim report—was published in August and he will know that the final report is due to be published later this year. Inevitably, that will include considerations about this stretch of road and will give us the opportunity to think through what more can be done in a reasonably short time. I take the point made by the right hon. Member for Oxford East about 2020 and know that hon. Members, local authorities and others will want more urgent work. When we have that report, I am prepared to look, on the back of the round-table discussions, at what more urgent work could be committed to as part of the road investment strategy phase 1 and consistent with the Oxford-Cambridge expressway report.

However, I want to go further. The call has been made for a still more strategic piece of work—my hon. Friend the Member for Henley (John Howell) described this as “a motorway”—and I think we need to think that through. I suspect that would be part of the road investment strategy as it moves into its second and third phases, because it requires a different scale of work, but none the less, the significance of the road is not lost on me. We may be able to look in the road investment strategy as it moves forward at that still more fundamental piece of work on this stretch of road.

Safety and congestion are the two issues that have been raised in this debate, and they relate closely to each other. A road that is congested does not only cause inconvenience to the local traffic, and hon. and right hon. Members will know that we are committed to a number of local schemes in Oxford. We are working with the LEP, which I emphasise is absolutely at the heart of making representations on this matter, and alongside local authorities to ease congestion around Oxford. However, the safety issues are there and further south on the road, in the constituency of my right hon. Friend the Member for Wantage and beyond. Looking at the separate but related issues of safety and congestion requires the lateral, innovative thinking that I have tried to illustrate and outline in this brief response.

In summary, we will continue to work with all the interested parties concerned and continue to invest in the local schemes that ease congestion around Oxford; I agree to the round-table, open-ended meeting of the kind that I described to seek views from all those who know and care about this road; I am happy to review safety on the road—there are criteria for that, but I have never been a man who is constrained by criteria imposed by others, as you know, Mr Chope. I am prepared to say that I have made the decision and announce now that I will institute that safety review. I am also prepared to look at further technological change to improve safety on the road; happy to consider what can be done in the road investment strategy in its first phase to mitigate some of the risks associated with this route; and prepared to consider what more strategic changes might be made at a later stage of the road investment strategy as it moves to phases 2 and 3.

I thank my right hon. Friend for drawing these matters to my attention once again. I hope he feels that the debate has been worthwhile in pressing a Minister who is not reluctant to use these kind of debates to reconsider Government thinking, and in pressing this Minister to take action necessary not only to avoid the tragedies that I mentioned, in amplifying my right hon. Friend’s words of sympathy at the outset, but to improve the wellbeing of the people in this part of our country.

Question put and agreed to.

Highways England Compensation: Broadway in Chadderton

John Hayes Excerpts

Wednesday 26th October 2016 Westminster Hall

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

It is, as ever, a delight to be in your presence, Ms Dorries, and to serve under your diligent chairmanship. It is also a delight to welcome the hon. Member for Oldham West and Royton (Jim McMahon), as a newish Member, to his first debate in the Westminster Hall Chamber. I congratulate him on securing the debate, which follows the work of his predecessor, a distinguished Member of this House who served his constituents for a very long time.

Ms Dorries, might I offer the hon. Gentleman, through you, some advice that he seems already to have followed, even if he has not heard it? When approached by constituents about these kinds of things, you and I try to put ourselves in their position. We try—I know that this is true of the way that you serve your constituents, if I might say so, and it is certainly the way that I serve mine—to imagine how we would feel in similar circumstances. We ask, “What would we feel like if this were our home, our community and our family’s interests?” That is precisely what he has done in bringing this debate to the Chamber, and I commend him for that. It seems that he did not need my advice, but I offer it anyway, as a more experienced Member to a newer one.

Given the overtures that were made by the hon. Gentleman’s predecessor, this case is familiar to Highways England and my Department. As he says, it concerns the A663 at Broadway, a busy urban trunk road linking the M60 with the A627(M) and the M62. It is an important link between Oldham and Manchester and forms part of the strategic road network, for which Highways England is responsible.

As the hon. Gentleman will be aware, the local authority, Oldham Council, constructed a new school, the John Henry Newman College, on previously disused land close to the road-widening scheme. It is wonderful that the college should be named after that great man, who by the way is one of my heroes—we do not have time to discuss that at length. None the less, the council, having agreed in response to local demand to construct that new school, was obliged to make changes to the road, and those changes are the alterations to which the hon. Gentleman referred. The changes were designed to allow safe access to the site, and the council took powers under section 6 of the Highways Act 1980, which allows local authorities to make such changes to the strategic road network where such a development is taking place.

It is worth listing the improvements that were made. They included the construction of a new signalised junction, giving access from the A663 to the new school; the widening of the carriageway and the construction of a new footpath; the creation of dedicated turning lanes into the school from both northbound and southbound directions; and the construction of central islands to help pedestrians cross the road. Improvements were also made to the road itself. The junction between Broadway and Foxdenton Lane further south of the school was improved, including by widening the carriageway on all four arms of the junction and improving pedestrian refuges. As the hon. Gentleman will know, all those alterations were completed by around September 2012.

Following the completion of those works, a formal submission was made by a land claims agent representing the interests of 32 households. Compensation was claimed under part 1 of the Land Compensation Act 1973 for residents living close to the new access to the school. On that occasion, Highways England did the proper thing and sought advice from a valuation consultant on the changed property values. Indeed, it went further than that and sought advice from two experts in that field, because it felt that that was the right thing to do.

[Jim McMahon]

The Minister is quite correct in his assertion that two separate experts were selected, but can he confirm that those experts were both in-house, not independent of Highways England?

[Mr Hayes]

They were valuation consultants, who are accustomed to dealing with these things and in so doing adopted the appropriate empiricism—indeed, that is their stock in trade—to gauge whether the changes in the values of the properties that the hon. Gentleman has suggested took place could be attributed to any of the environmental factors that would entitle the 32 households to compensation, such as increased vibration, increased noise or even light pollution from headlights shining into homes. Those experts would have taken those things into account, though he will have some good news at the end of my short but fascinating speech along the lines that he has just implied.

The problem is that when those tests were applied, the claim was found wanting. The hon. Gentleman has made the case that the value of the houses has fallen, and I am not in a position to dispute that.

[Nadine Dorries (in the Chair)]

Order. If anyone in the room would like to take their jacket off, they should feel free to do so. The heating is apparently broken. The temperature is about 25° and I think it is going to get hotter, so please feel free to disrobe.

[Mr Hayes]

Ms Dorries, I never remove my jacket, except in the most extreme circumstances. One of those is playing competitive sport, and as I am not doing so, I will not remove my jacket, but I am grateful for your typical generosity and indulgence in giving me permission so to do should I wish to.

As I said, the valuation that was done does not necessarily contradict the hon. Gentleman’s assertions. He has provided evidence that values have indeed fallen, but I suppose the point that I was making—for the sake of emphasis, I make it again—is that according to the expert analysis, the criteria on which compensation could rightly have been paid, according to the basis that applies to all similar schemes, were not met. In essence, that means that there was no loss in property value as a result of the physical factors—I described them earlier as environmental factors—arising from the alterations to the A663. The question is really whether any loss in value met the necessary terms and conditions set out in the Land Compensation Act 1973. In truth, the A663 was already a busy urban route, and a signalised pedestrian crossing was already in place on that road before the roadworks were undertaken. The new access to the school is not in constant use but is used largely at the beginning and end of the school day, as can be expected.

The hon. Gentleman understandably made a point about council tax banding. I was aware of that point. However, it is clear from the council tax decision notice issued by the local authority that the rebanding was due to the presence of a new school rather than the road improvement scheme. Highways England fully accepts its obligations under the 1973 Act and never seeks to deny the payment of compensation that is due, but it has no power to pay compensation that it does not consider to be payable statutorily. Highways England has accepted the views of its valuation consultants and no claim has been paid with regard to the A663 junction improvements, and he will know that the claimants were advised accordingly in March 2015. He made reference to the possibility of appealing, and he will know that the Act allows a claimant who disagrees with the amount of compensation offered by the relevant authority—in this case Highways England—to refer their claim to the lands chamber of the upper tribunal for independent determination. Claimants have until 25 September 2019 to make reference to the tribunal in this case.

As is my wont, I am going to go a little further than I have been advised to do. As I said at the outset, I have been impressed by the hon. Gentleman’s diligence in bringing this matter forward, and I was an admirer of his predecessor, as I have also made clear. If I—like you, Ms Dorries, and the hon. Gentleman—put myself into the place of those affected, I feel a duty to share his and their perspective as much as possible. My second piece of advice to the hon. Gentleman, therefore, is that he obtains a further independent assessment of whether the alleged loss of value can in any way be attributed to the work that has been done and therefore fits the criteria laid out in law. If he brings that to me directly and personally, I will commit to looking at the matter again. That would not oblige the residents to seek a tribunal hearing, which I appreciate is expensive, and it would give him an opportunity to take the matter further. If the criteria cannot be met—or if evidence cannot be brought that they may be met—it will clearly be difficult for me to help him or those residents.

The hon. Gentleman wants to do the right thing by those residents, and I do, too. These debates must have a purpose in holding Ministers to account and encouraging them to go the extra mile to support colleagues from across the Chamber in representing the wellbeing and interests of their constituents.

[Jim McMahon]

rose—

[Mr Hayes]

That was my pre-peroration. Before I move to my exciting peroration, I give way once more.

[Jim McMahon]

I thank the Minister for giving way. Given that I do not get to come back at the end of the debate, I should take the opportunity to say that I find that very constructive. I am thankful on behalf of the residents of Chadderton for the opportunity to present that assessment at a future date.

[Mr Hayes]

It is my willingness to be constructive that has built the solid reputation I enjoy on the Opposition Benches, in which I take such great pleasure. I am grateful to the hon. Gentleman for his complimentary remarks and look forward to hearing from him further on this important subject for his constituents.

Question put and agreed to.

European Maritime Safety Agency

John Hayes Excerpts

Tuesday 25th October 2016 Written Statements

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

The Government welcome the efforts of the Commission to address the ongoing migration crisis, but have decided not to opt in to the JHA content in the proposal for a regulation of the European Parliament and of the Council amending regulation (EC) No. 1406/2002 establishing a European Maritime Safety Agency (EMSA).

The proposal—which has now been adopted—forms part of a wider package of measures by the Commission to ensure the protection of the EU’s external borders.

The Commission has taken the view that the challenges which have arisen from the recent migratory crisis cannot be adequately dealt with by member states acting in an uncoordinated manner and that integrated border management should be a shared responsibility of a new European Border and Coast Guard into which national authorities with coastguard and border control responsibilities, the European Maritime Safety Agency (EMSA) and European Fisheries Control Agency (EFCA) can provide additional resources and contribute to better, more effective co-ordination and co-operation.

The core tasks of EMSA currently deliver a high, uniform and effective level of maritime safety and prevention of pollution within the EU, achieved by ensuring a consistent application of EU maritime law.

The amendments to the EMSA founding regulation will have the effect of immediately expanding EMSA’s role and responsibilities beyond its current core tasks of managing maritime pollution and safety. It will formally establish co-operation for the prevention, detection and investigation of criminal offences by enabling EMSA to make available information with other national authorities with coastguard and border control responsibilities, the European Fisheries Control Agency (EFCA) and the European Border and Coast Guard Agency, which is currently accessible through ship reporting and other information exchange systems.

Such co-operation is indirect—EMSA itself will have no role to play in the exchange or analysis of such information between the agencies—and there is little practical or operational benefit for the UK from this measure. The Government maintain that the effect of the measure amounts to an obligation that falls within the scope of the JHA section of the treaties and is, therefore, subject to the UK’s JHA opt-in. It is on that basis that the Government have decided not to opt in.

[HCWS215]

Oral Answers to Questions

John Hayes Excerpts

Thursday 15th September 2016 Commons Chamber

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

An assessment of the impact on the economy is a routine part of transport investment decisions. The Department uses an internationally respected analytical framework for assessing schemes, which includes the impact on jobs, growth and regeneration.

[Victoria Atkins]

May I welcome the Minister to his place and say how pleased I am that the Department will have the benefit of the experience and wisdom of my Lincolnshire colleague? I say that not just because I would like his help with the roads! Every day this summer, my constituents, tourists and I had to wait up to 45 minutes to pass through the traffic lights at the Bull Ring in Horncastle, where the very busy A153 crosses the even busier A158. The single carriageway road cannot cope with the volume of traffic between the city of Lincoln, the market town of Louth and the east coast. Will my right hon. Friend meet me and local councillors to discuss what can be done to get rid of these bottlenecks to help local residents and businesses and to encourage even more tourism at the wonderful Lincolnshire coast?

[Mr Hayes]

My hon. Friend is a doughty and articulate campaigner for her constituents’ interests. She will know that all counties of our great country are dear to my heart, but none more so than my own county of Lincolnshire. I am familiar with this part of the county and I understand the pressures on the roads there. I would be more than happy to meet my hon. Friend and local councillors to discuss the situation. Indeed, I want to go further, because that alone is just not good enough. I want to hold a round-table meeting with all concerned parties in my Department and to ask my officials to look specifically at what my hon. Friend has said. If I may say so, her complimentary words were most welcome. She could have added, for future reference, dexterity, determination and, in the light of recent events, durability!

[Mrs Louise Ellman (Liverpool, Riverside) (Lab/Co-op)]

Will the Minister give a firm commitment to ensure that High Speed 2 goes ahead with a clear timetable, and will he accelerate work on trans-Pennine links from Liverpool to Hull so that the United Kingdom’s economy can be supported and its rebalancing can be assisted throughout the UK?

[Mr Hayes]

At a meeting earlier this week, the hon. Lady and I discussed a range of issues in the light of a report from the Institute for Public Policy Research, including the significance of the trans-Pennine connection. It is important for us to see all our transport needs in terms of not just north-south but east-west links. I know that that will be recognised by many Members who represent constituencies in the east of England, as I do, and in the west of England, as the hon. Lady does.

I am more than happy to look at all the options to which the hon. Lady has referred. As she will know, we are considering a range of ways of making those links real. In her role as Select Committee Chairman, she will want to test me further when she, no doubt, calls me to appear before her.

[Sir Alan Haselhurst (Saffron Walden) (Con)]

Will my right hon. Friend have particular regard to the reports from the Great Eastern and West Anglian taskforces, chaired by two of his colleagues, about the contribution that they can make to the future prosperity of the Anglian region, so that there can be a reliable rail structure on which the splendid new trains that are to come can run more efficiently?

[Mr Hayes]

As you know, Mr Speaker, I have a deep regard for the past, and my relatively recent past reminds me that the right hon. Gentleman tested me on these matters at the time of my last incarnation in the Department for Transport, when he advanced similar arguments about the importance of the links to which he has referred today. I look forward to receiving and studying that report, and when I do so, I shall be more than happy to have further discussions with him on its contents, but no one could argue that he has not made his case powerfully and repeatedly.

[Mr Speaker]

I hope that the right hon. Member for Saffron Walden (Sir Alan Haselhurst) realises how lucky he is to have the prospect of further conversations with the Minister of State. Not all of us are in that category.

[Ruth Smeeth]

(Stoke-on-Trent North) (Lab): Infrastructure is vital to economic growth, which is why it is so unfortunate that the Highways Agency has, without consultation, announced the closure of the A34 at Talke junction. That stretch of road is the main access route to Freeport shopping centre. The works are much needed, but they are due to start next week and continue until 23 December, which will affect Christmas shopping at the centre. Will the Minister endeavour to work with me and with the Highways Agency, so that it can see the error of its ways?

[Mr Hayes]

With your indulgence, Mr Speaker, I shall make a general point and then a specific one. The general point is this. On my first day in this job, I met representatives of Highways England, as it is now called, and made it very clear that one of the things they had to do better was give proper notice of their plans, communicate with all interested parties—including Members of Parliament—and be very precise about the time that decisions and their implications would take. Obviously, the case in point is apposite.

As for the specific point, I was not aware of the situation that the hon. Lady has described, but this is what I am going to do. I will meet representatives of Highways England today, I will raise that particular issue, and by tomorrow I will speak to the hon. Lady about it.

[Mr Edward Vaizey (Wantage) (Con)]

My right hon. Friend is dexterous, determined and durable, as well as being extremely distinguished. The A34 is one of the most important roads for our economy, taking freight from the south coast to the midlands, but it is becoming increasingly dangerous: two recent crashes caused fatalities. Now that I have recorded that he is dexterous, determined and durable, will my right hon. Friend hold a round table with me and other Oxfordshire Members to discuss how to improve safety and the free running of the A34?

[Mr Hayes]

My table grows ever more round. I am none the worse for it, by the way.

I am familiar with that road. As my right hon. Friend will know, a number of suggestions have been made for the improvement of the scheme. There are always demands relating to different roads, and different ideas about how those demands should be met. We study these matters carefully, and part of that process involves the kind of consultation that my right hon. Friend has recommended. I am always delighted to speak to him about any matter that he raises in the House, including the one that he has raised today.

[Graham Jones (Hyndburn) (Lab)]

The Government talk about rebalancing the economy, and it is interesting that the Minister just talked about improving east-west links in the north, but may I make one suggestion that I hope he will take forward? Can we extend the M65 all the way to Scotch Corner? That needs to be done. Millions of people in the north-east need to be connected directly to millions of people in the north-west and the Manchester region. That vital east-west infrastructure link would rebalance that economy.

[Mr Hayes]

The hon. Gentleman is known for making the case for links that would further boost his local economy. There have been scurrilous suggestions that the northern powerhouse has in some way faltered. Let me tell the House that the northern powerhouse is not only alive and well, but will thrive under this Government. That will include the kind of infrastructure investment necessary not only to provide transport links, but to boost economic growth, build skills and spread opportunity. That is the kind of Government we are: a Government with big ideas who put them into action for the benefit of our people.

[Lilian Greenwood (Nottingham South) (Lab)]

2. What recent progress has been made on the plan to electrify the midland main line.

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[Kevin Brennan (Cardiff West) (Lab)]

3. What recent assessment he has made of the effect on aviation safety of the use of drones.

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

The safety of the public is our top priority. We are working closely with the Civil Aviation Authority and industry to understand and address the safe use of drones. We are continuing to adapt and strengthen the regulations as the use of drones evolves. The current regulatory framework balances clear rules on safety and strong penalties for misuse, with a commercial permissions system that ensures responsible use of this emerging technology.

[Kevin Brennan]

But I asked the Minister what assessment he had made of the effect on aviation safety. How real is the risk? I know that he knows that it was discussed this week at the Trades Union Congress conference and that there is great concern about the matter. We need to know what the risk is and what steps the Government are taking, before we end up with the inevitable ministerial statement about lessons learned.

[Mr Hayes]

The hon. Gentleman is right about the TUC discussing the issue yesterday. We had a word about that earlier. The TUC is right to raise it because it is an emerging technology and the risk is dynamic. We constantly need to have analysis in place about the risk that poses. It is not just irresponsible use; it could be malevolent use that poses risk. Drones could be used by all kinds of agents to do all kinds of things. The assurance I give him is that I will ensure that my Department is continuing that analysis and makes sure that the regulatory framework is fit for purpose having done that analysis. The best thing to do is for me to come back to the House to give regular reports on how that is going. He always takes a diligent interest in the affairs of the House. He has raised an important issue, which I think is entirely bi-partisan and which we need to take seriously.

[Michael Fabricant (Lichfield) (Con)]

My constituent Lesley Smith administers Tutbury castle and she tells me that drones are not only a danger to aircraft; they also affect privacy. They affect copyright law. They are also a danger to people who may be visiting the castle: the drone may run out of power and fall on to their heads. When will we see tighter instructions and education about how to use drones? Incidentally, Mr Speaker, intellectual property rights was the phrase I was searching for.

[Mr Speaker]

And you found it.

[Mr Hayes]

To be absolutely clear, we take drones very seriously, as I said in answer to the previous question. Anyone who “recklessly or negligently” causes or permits their drone to endanger any person or property can face a fine of up to £5,000 or two years’ imprisonment, so we are not taking the matter lightly. The point that my hon. Friend and the hon. Member for Cardiff West (Kevin Brennan) make is that, because the technology is evolving, it is important that we do proper work to look at the scale and type of danger we face, and then the regulatory framework can be fit for purpose.

[Tom Elliott (Fermanagh and South Tyrone) (UUP)]

I wonder whether there has been co-operation between the Department and the Ministry of Defence in relation to security and the threat that drones pose to the security of the nation.

[Mr Hayes]

Indeed. I have recently arrived back at the Department for Transport from the Home Office, where I was Minister for Security, and I can tell the hon. Gentleman that the Ministry of Defence and the Home Office take this matter very seriously. He can be absolutely sure that, across the Government, we are looking at this issue. As I said earlier, it is not just about irresponsible use; it might also be about malevolent use of the kind that he has described.

[Margaret Ferrier (Rutherglen and Hamilton West) (SNP)]

4. What plans he has to expand airport capacity.

--- Later in debate ---

[Maria Eagle (Garston and Halewood) (Lab)]

6. What his policy is on tolls for roads and bridges.

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

Successive Governments have taken the view that tolling is justified on certain infrastructure, such as significant river crossings.

[Maria Eagle]

I thank the Minister for the reply. Before the general election, the former Chancellor promised motorists in Cheshire West, Warrington and Chester discounts on the tolls that are to be introduced in 2017 on the new Mersey Gateway bridge and the old Silver Jubilee bridge. I have no objection to the Government’s paying for discounts for motorists, but my constituents in Liverpool and in Knowsley live closer to those bridges and rely on them just as much as people who live in Chester and Warrington. So will the Minister have a word with the new Chancellor and ask him to provide some money to pay for those discounts to be extended to my constituents?

[Mr Hayes]

I imagined that the hon. Lady would ask that question, because she has tabled a number of written questions in a similar vein. She rightly says that a local discount scheme will operate on the Mersey Gateway bridge. The Government have said that they were looking to extend those discounts, as she also said. Let me be clear: officials are currently working through the character and effect of that extension, and no decision has been made upon it. Of course, I will give full consideration to the arguments she has made on behalf of her constituents and others.

[Mr David Nuttall (Bury North) (Con)]

Is a toll being considered for the proposed cross-Pennine road link?

[Mr Hayes]

I did say at the outset that successive Governments have taken the view that tolling is justified on major infrastructure schemes. My hon. Friend will know that those matters are, as I said earlier, also being considered in the round. No decisions have been made to the effect that he describes.

[Jonathan Edwards (Carmarthen East and Dinefwr) (PC)]

The M4 is the main supply route into the Welsh economy and hence there is cross-party support in the National Assembly for devolving ownership of the Severn bridges once they return to public ownership. Will the right hon. Gentleman update the House on what discussions he has had with the Welsh Government on this issue?

[Mr Hayes]

I am always happy to have discussions with the Welsh Government, and I have done so in a variety of ministerial roles. My view is very clear, and I think that we have been plain about the toll on that important crossing. It is this Government who, when the current regime comes to its conclusion in 2018, will halve the toll. The hon. Gentleman must welcome that, as he knows how good it will be for his constituents, so I hope that after today’s questions he will put out a press release, congratulating the Government on their decision.

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

On behalf of the Scottish National party, may I welcome the Secretary of State and his new Ministers to their places?

Was the Minister aware that the very first act of the SNP Scottish Government was to introduce the Abolition of Bridge Tolls (Scotland) Act 2008, which means that, in Scotland, there is no need for discounts? Tolls are gone, saving commuters around Scotland hundreds of pounds a year and boosting tourism and the economy. Has he studied that model for his own use?

[Mr Hayes]

I will give a mercifully short answer: Scottish independence would mean that the SNP Government could not afford that anymore.

[Drew Hendry]

Of course, there will be no tolls either on the new £3 billion dual carriageway of the A9. On the subject of the A9, will the Minister congratulate the Scottish Government on the safety cameras on the non-dualled section between Perth and Inverness, which was unbelievably opposed by one of the Minister’s former colleagues, Sir Daniel Alexander? Those cameras have seen speeding drop from 43% to 10% since 2012, thereby reducing death and injuries. Will the Minister consider that matter?

[Mr Hayes]

Of course we always give consideration to those kind of matters and it is important that we give credit where credit is due. When I have worked out, following the hon. Gentleman’s rather long question, whether credit is due, I will decide whether or not to give it.

[Jo Stevens (Cardiff Central) (Lab)]

9. What recent assessment he has made of the adequacy of existing legislation for the taxi and private hire vehicle industries.

--- Later in debate ---

[Jessica Morden (Newport East) (Lab)]

What is the Minister’s current assessment of when the Severn bridge’s concession will end, given the extra traffic when the Severn tunnel is closed for electrification work? Are the Government on top of this, given that we have not yet had a date for the public consultation?

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

It is right that we should have that confidence. I am more than happy to commit to doing the work necessary to reassure the hon. Lady about that. It needs to be safe, it needs to be secure, and it needs to be right which is why I am more than happy to make that commitment.

[Mr Speaker]

I call Parliament’s grassroots sports champion of the year, Mr Tom Pursglove.

--- Later in debate ---

[Christian Matheson (City of Chester) (Lab)]

My constituents who work at Liverpool airport face paying an extra £1,000 a year in tolls when the new Mersey crossing is opened. Will Ministers try to find some mechanism for existing employees so that they are not hit with what is essentially a retrospective charge for going to work?

[Mr John Hayes]

Yes. The answer is that that sounds like a very good idea to me. I will obviously need to look at the detail, but I am very happy to do so. My open mind is well known.

[Mr Speaker]

I always thought, having known him for 30 years, that it was the defining characteristic of the right hon. Gentleman.

HGV Fly-parking: Kent

John Hayes Excerpts

Wednesday 7th September 2016 Westminster Hall

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

It is a delight to speak in this debate, and I congratulate my hon. Friend the Member for Faversham and Mid Kent (Helen Whately) on securing it. It is understandable that she has done so, and I well understand the problems that she and other hon. Members have highlighted. I know many hauliers, not least because road haulage is an important part of the economy of my constituency; it is vital to our whole economy as well. The high concentration of heavy goods vehicles passing through Kent is a subject of particular concern, however, in view of the deleterious effects outlined by a number of the contributors to this short debate. It is a matter on which I have cogitated as Roads Minister, in both my previous and current incarnations in the Department. Indeed, as my hon. Friend the Member for Folkestone and Hythe (Damian Collins) said, I am visiting Kent tomorrow to look at exactly the matters in question, to meet councillors, and to look at the proposed site of the park, which has been mentioned a number of times.

As I said, HGVs are vital to the economy. They carry what we need to where we need it, and take what we make, grow and fashion to those elsewhere who want to buy it. Nevertheless, the presence of heavy goods vehicles on local roads and public highways can present a challenge and cause difficulties of the kind that have been outlined. In addition, parking is often at a premium. Those who park should of course keep in mind the effect on their neighbours of what they do. Careful and lawful parking is never more important than when the vehicle is a lorry. We hear regularly from the haulage industry that there is a shortage of affordable, good-quality facilities for lorries and their drivers. As my hon. Friend the Member for South Thanet (Craig Mackinlay) said—incidentally, I do indeed know the Thanet Way extremely well, and was in Broadstairs on holiday again this summer—there is a question of incentive, or carrot, and penalty, or stick, in dealing with the problem. I shall try to deal with both carrots and sticks in my short and pithy but none the less impressive speech.

The last national survey, in 2011, suggested that facilities on or near the strategic road network were underutilised, on average, across England, but not in Kent, where there are particular problems, which local stakeholders have reported repeatedly.

[Robert Flello]

It is good to see the right hon. Gentleman return to the Department. He referred to the study on underutilisation, but the big problem is that a lot of the stops are in the wrong place. It is not surprising that they are underutilised outside Kent, because they are not where the lorry drivers want them to be.

[Mr Hayes]

I am inclined to agree with that, which is why I want to do a new piece of work on it. I have decided today that, as a result of this debate, we will look at the issue afresh. We need to do a new study that takes account of the current circumstances and the distribution of supply and demand, as the hon. Gentleman says. I send a message to Members in this Chamber and to my officials, whom I like constantly to surprise, that we will, as a result of this debate, have a fresh look at the provision and location of parking space. The hon. Gentleman is right.

[Sir Roger Gale (North Thanet) (Con)]

I do not wish to try your patience, Mr Turner, so I will endeavour to be as brief as I can.

It is vital that we, as Kent Members, make the point that if the taxpayer is to get value for money, the lorry park proposed for Stanford West needs to be a 24-hour, 365-days-a-year facility, not just an Operation Stack facility. That will take a considerable amount of pressure off the M20 road system, but it will not help the M2, the A2 or the Thanet Way, which my right hon. Friend the Minister knows very well.

Given that we cannot waste Manston airport as an Operation Stack overspill for much longer—we need it back as an operational airport as quickly as we can—will my right hon. Friend the Minister undertake to look very carefully at Brenley Corner when that bit of the road system is sorted out properly? There is an opportunity there to create some lorry parking. When the gap in the A2 between Canterbury and Dover is dealt with, can we also look very seriously at parking facilities there? It really is time that we learned one or two lessons from the French.

--- Later in debate ---

[Mr Hayes]

It is right that we look at this issue more widely, and not simply at the provision of this additional facility. We must look both at the capacity challenges on the roads to and from Dover and, as my hon. Friend says—he has comprehensive knowledge of the locality—at additional facilities that could be put in place above and beyond the advantages we will get from the large new park. I will talk a bit more about that in a moment. I take my hon. Friend’s point. We should consider these things strategically, as a number of hon. Members, not least the hon. Member for Bootle (Peter Dowd), have suggested, rather than on a piecemeal basis. My hon. Friend has made his point powerfully, and I will ensure that it is built into our thinking.

The clearer picture that I seek through that fresh strategic work will be conducted with Transport Focus, to understand better the current provision and road users’ expectations. As well as looking at the impact of Operation Stack, we will take account of projections of the growing use of the road network in Kent and elsewhere—this is not just an issue for Kent, as a number of hon. Members emphasised, including my hon. Friend the Member for Cannock Chase (Amanda Milling).

Operation Stack is only ever used as a last resort, but as my hon. Friend the Member for Folkestone and Hythe said, that last resort might be brought about by a variety of causes. Its growing use at a particular period of time is illustrative of precisely that.

[Damian Collins]

My right hon. Friend the Minister is absolutely right that it is used only when necessary, but the trouble is that there is no alternative to its use. If the port or the channel tunnel is not operational, at the moment there is no alternative other than parking the lorries on the motorway. That is the nub of the problem, which is why we require a different solution, and we are glad that the Government have found the resources and strategy to implement it.

[Mr Hayes]

Yes, and when Operation Stack is used it demonstrates just how significant the effect of the disruption on the M20 can be on businesses, local people and hauliers themselves. That is why I am determined to deliver an alternative solution. As my hon. Friend the Member for Faversham and Mid Kent said, we have committed £250 million for the lorry area, and now we are looking to make that a reality. I take the shadow Minister’s point that that needs to be done carefully and on a considered basis. We must not rush into this. We need to take into account all cost-effectiveness measures. This will be a significant project, so it has to be done properly and cautiously. That is an argument not for delay but for getting it right. I am sure all hon. Members in this Chamber and beyond want that to be the approach adopted by a responsible Government.

[Helen Whately]

rose—

[Mr Hayes]

I can see that my hon. Friend wants to add further value to these considerations.

[Helen Whately]

I thank my right hon. Friend the Minister for his thoughtful and full response. I want to emphasise the point about the Operation Stack lorry park, about which my hon. Friend the Member for Folkestone and Hythe (Damian Collins) is incredibly knowledgeable; he has done a huge amount of work on it. As he said a moment ago, it has been talked about for at least a decade, yet nothing has happened. Although it should not be rushed—it is a substantial investment—the desire to get absolutely everything right needs to be balanced against the need to ensure that we do not have another summer with Kent at a standstill, with all the awful knock-on effects. Can we manage doing it carefully alongside getting on with it?

[Mr Hayes]

My rich experience of Government, to which the shadow Minister so generously alluded in his welcome, has taught me that there is always a plausible argument for doing little and a pretty convincing one for doing nothing. I am not inclined to fall foul of either of those approaches, but it is important that we do this in a way that takes local stakeholders with us, takes local authorities’ views into account, engages the local community, is satisfactory for hauliers and becomes an attractive option for them as well as a necessary one when stacking occurs. A number of hon. Members said that the facility needs to be available above and beyond Operation Stack, for the very reason that led my hon. Friend to bring the debate to the Chamber today.

[Damian Collins]

The Minister is being very generous in giving way. I thank him for making that point. Although I and my county colleagues regard the creation of this facility as vital, we need to take into account the needs of a number of residents who live close to the site and have very special needs. Special consideration must be given to the needs of the residents and businesses. I know that the Department has already flagged up that issue and is looking at it in detail, and I am glad that the Minister has made that point.

[Mr Hayes]

That is one of the reasons why I am going to Kent tomorrow. My hon. Friend is right that we need to take fully into account the specific concerns in the locality. I will ask Highways England to work closely with residents and local stakeholders to ensure that the design of the new lorry area minimises the social and environmental impact while addressing this issue for users of the road network. Highways England is also exploring the use of the lorry park for the overnight parking requested by my hon. Friends. We are seeking feedback through the consultation, which, as my hon. Friend the Member for Folkestone and Hythe and others know, is going on presently, on how that can and should work.

This is not just about Operation Stack and the new facility. It is a national problem that requires the Government, local authorities and industry to work together. Overnight parking of HGVs on the highway and in various business parks has been a significant and growing problem for a considerable time, and the wider effects are various. There is a problem with noise, nuisance, litter, safety and environmental damage, as a number of hon. Members described. Dogs were brought into the equation by my hon. Friend the Member for South Thanet, who said that the solution requires a carrot and a stick. I thought it should be a bone and a stick—the stick to throw and the bone to feed.

Nevertheless, a variety of challenges arises from that important concern. To that end, I want to have ongoing discussions with motorway service area and lorry park operators and with the freight industry. I want to see what can be done nationally to improve the availability of quality, safe and secure parking areas. In Kent, Members, councillors and others will play their part.

I am aware of illegal parking by HGVs on the hard shoulder of motorways and local roads in Kent. On the motorways, last winter, in a concerted effort by Highways England and Kent police called Operation Kindle, Highways England traffic officers patrolled key locations systematically and advised drivers of illegally parked vehicles to move on. If they did not do so, the traffic officers informed the police. Fixed penalty notices were issued—if drivers refused to pay, their vehicles were moved to a secure location where they were immobilised until the fines were paid. Graduated fixed penalty notices allowed officers to issue cumulative fines measured against the number of offences and their severity. I understand that operation to have been successful in clearing the targeted areas. For example, on the night of 9 December last year, the police moved on 153 illegally parked vehicles on the M20 and M2, and more than 50 drivers were fined.

Many such vehicles are foreign-owned, which causes a particular problem, as changing the law to allow enforcement of tickets given to foreign-registered vehicles would require an international treaty. When I was told that by my Department, I said that I would quite like to sign an international treaty—it sounds so grand and important, doesn’t it? If that is what we need, that is what we will do, make no mistake. The important thing is to solve the problem, not to focus continually on the obstacles to doing so.

[Robert Flello]

I thank the Minister for giving way. He is being generous with his time.

Forgive me if I have the figures slightly incorrect, but I understand from the Department’s own statistics that in the past two years alone there has been a 50% increase in the amount of freight carried by overseas-registered vehicles, so the issue will grow and grow. The sooner those treaties are on his desk and his pen is in his hand the better—that sounds like a very good move.

[Mr Hayes]

The treaty is not on my desk yet—I would not want to deceive the hon. Gentleman or anyone else. Certainly, however, we need to find the solution to the problem of foreign-owned or foreign-driven vehicles. Even if we get the rest right, if we do not solve that problem I suspect we will have only a partial success. Whether any solution involves clamping or seizing those foreign-owned vehicles I do not yet know, but I will certainly ask for further advice on what might be done to tackle that particular issue, which he is right to emphasise again.

Let me sum up and move to my exciting peroration. My hon. Friend the Member for Faversham and Mid Kent asked for many things. She focused her attention on the possible benefits of any solution for Operation Stack, but she also stressed that that was not the whole story. She talked about needing more space more generally in Kent—my hon. Friend the Member for South Thanet emphasised that point—and we will certainly consider that. She asked me to be more specific about the timing of the provision of a new lorry park, and I will endeavour to do that. I want to get this right, and she is right that if we are to do it, we need to set out a timetable for it, so I understand the anxiety that we should do so. She and others have made that point well. She talked about enforcement and fines, which I will come on to in a moment, and about foreign vehicles, which we have heard about, and she also called for a meeting.

Let me tell the House what I think we should do. I take the view that debates in Westminster Hall and elsewhere in this place must deliver outcomes, rather than simply allow Ministers to repeat what they have already thought or, more especially, been told. This is what we are going to do: I will look at whether we can improve enforcement, if necessary through a change in the law. If we have to put in place new measures to allow enforcement, we will look at doing so. I will seek further advice on that, and will bring further information to the House accordingly.

I am happy to look at new long-term solutions for overnight parking, as I described in my response to the hon. Member for Stoke-on-Trent South. We also need more information—reasonably quickly, actually, as we cannot delay further—because relying on a survey from some time ago is not good enough. I am happy, too, to approach hauliers’ groups directly about the advice they give to drivers. My hon. Friend the Member for South Thanet made a point about sat-nav, which, personally I do not use, of course, but I understand others do. It can often divert people, unhappily, to routes that are not only unhelpful but injurious to the interests of local communities. We need to work with hauliers on that, and I am happy to meet the Road Haulage Association to talk through what advice it might provide to drivers about parking. I will do so as a result of this debate.

I want to do more on litter. Litter came up in the debate, but I did not raise it with my officials earlier, so this is another delightful surprise for them. I want to do a lot more about litter. I began the fight when I was previously in the Department, but I was moved on to the Home Office and was not able to complete the work. We need to do a lot more about litter in areas such as lay-bys, but also more widely on our road network.

At root, of course, the problem is one of how people treat litter. If they throw things out of car windows, it is pretty hard for Highways England or any local authority to cope. None the less, we can do more about the provision and emptying of bins and the clearing of lay-bys. Also as a result of this afternoon’s debate—I have listened carefully to what people have said—I will ask Highways England to look again at a new initiative on the littering of our roads and, in particular, areas where people stop or park.

I want to look at motorway service areas. A point made forcefully by a number of hon. Members was that the alternatives to parking in lay-bys are not sufficiently attractive. That is sometimes to do with the security of those areas. Someone who parks overnight in a heavy goods vehicle will be concerned about who might get access to that vehicle. The provision of adequate security at the alternative sites is an important element of the solution. I want to look at motorway service areas, the kind of alternative that they are offering, the security of that alternative, its attractiveness and, by the way, its cost. As a number of hon. Members argued, if something is too costly, drivers will avoid it. We need to look at whether the better offer, as it were, is competitive and attractive.

[Sir Roger Gale]

Briefly on that point, when my good friend Robert Key, the former Member of Parliament for Salisbury, was Roads Minister—when God was a boy, that was how long ago it was—I put it to him that the French road system has regular aires de repos. I was told by Robert that the British road system could not accommodate such areas because land was too scarce and journey distances too short. We can live with that no longer, and we have to get to grips with the situation. We absolutely have to provide off-road, properly landscaped areas, with lavatory facilities, and with parking not only for domestic cars but, significantly, for lorries. It is time we did that.

[Mr Hayes]

I agree. My hon. Friend is immensely widely travelled, which is why he is so well informed. I tend to limit my own travel to the east of England, which means that I am not as well informed, and therefore rely on advice that I receive from him and others. I will say, however, that part of this business of looking closely at the provision of parking for HGVs is to consider more widely—as he has just described—the sort of roadside services that we provide generally. I am not convinced that the roadside services that we provide in this country are generally good enough. Of course there are exceptions, and I recognise them, but again as a result of today’s debate, I may ask for some further work to be done on the quality of roadside services more generally—the problem we are discussing is a part of that issue. My hon. Friend makes a powerful point, based on his wide travel and deep understanding of all such matters, that encourages me to do that. I have already mentioned foreign drivers, and that is in response to my study and the argument that has been made by a number of colleagues.

Finally—I hope that this will excite my hon. Friend the Member for Faversham and Mid Kent and others—I am more than happy to agree to a meeting, but I do not think that we should have just a small and insignificant meeting, not that any meeting with me is insignificant. We should have a round-table meeting with the people I have described. We need the hauliers; we need the providers of private lorry parks; we need the motorway service stations; we need the local councillors; and we need colleagues—and the meeting needs to be bipartisan. I am very happy to agree now to hold that kind of round-table meeting, where we can thrash out the range of important issues that have been raised in the debate.

Returning to where I started, I strongly support the principle and practice of moving goods by road. That is an important part of what we do as a country—let us be clear about that—but it needs to be done in an ordered way. Edmund Burke said:

“Good order is the foundation of all good things.”

My friend Evi Williamson, with whom I was discussing this very issue yesterday, affirmed just that idea in anticipation and preparation for the debate. The ordered use of our roads and ordered parking are beneficial to those who park and all those whom they affect. That is precisely why my hon. Friend has brought forward this debate in her constituents’ interests, championing their wellbeing as she always does. She can be assured that my Department and this Minister will respond in the same spirit. I thank her again for giving me the chance to give those particular and specific commitments in response to this important and valuable debate.

[Mr Andrew Turner (in the Chair)]

Helen Whately may wish to sum up.

Transport Infrastructure: York

John Hayes Excerpts

Tuesday 6th September 2016 Westminster Hall

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

Benjamin Disraeli said:

“The greatest good you can do for another is not just to share your riches, but to reveal to him his own.”

During my brief speech I hope to reveal to my hon. Friend the Member for York Outer (Julian Sturdy) the riches that he has brought to this debate and, indeed, to all his work in advancing the interests of the people of York, particularly on the need for infrastructural investment to improve their wellbeing and their social and economic prospects. He is right that we need to think about such things strategically and, indeed, the Government’s infrastructural investments are founded on exactly that principle. I commend and congratulate him on securing this debate, which gives me the chance to say a word or two about that.

My hon. Friend is right that York is a wonderful ornament to our country and its history and, more than that, is a vibrant living place that does much not only for its inhabitants but for its area. My wife did her master’s degree at York University, and I have visited York many times. Indeed, I often holiday in East Yorkshire and North Yorkshire, particularly at Whitby, so I understand my hon. Friend’s point about the wider impact of transport around York and its effect on East Yorkshire and other parts of that important county.

The Government agree with my hon. Friend’s core assertion that work between local partners and national Government in delivering infrastructural investment—the kind that he recommended to us today—is critical. We are investing significantly in transport infrastructure, as he said, and we have brought forward major investment programmes for road, rail and local transport. To that end, we created Transport for the North precisely for the reason he highlighted—the necessity of a strategic approach. The aim of Transport for the North is to provide plans that support economic growth in the north, and I will return to that in my closing remarks.

I will dedicate a good part of my short, pithy but, I hope, none the less impressive speech to my hon. Friend’s particular concerns about the York outer ring road, which he described as a “noose” around the neck of the city. He is right that there are ongoing challenges in respect of that ring road. I support his desire for the roads around York to work effectively in order to minimise traffic disruption in the centre of the city, to ensure that people can get to where they need to go quickly and reliably, and to support the city’s continued growth.

My hon. Friend made an important point about housing development. Bluntly, the Government need to do more to co-ordinate policy across a range of elements of growth. The important relationship between infrastructural investment and population growth must be part of our thinking, as he has powerfully described in respect of his constituency. I acknowledge his point that we need to think laterally and strategically in those terms.

My hon. Friend acknowledged that York Council has already made improvements to the route by improving a number of roundabouts. He will know that the council also has plans in train to access funding from the West Yorkshire Plus transport fund to improve the remaining seven junctions on that outer ring road. It is a good example of central and local government combining, as I described a moment ago. As he made clear, the West Yorkshire Plus transport fund programme, which is worth up to £783 million over 30 years, is being funded from the Government’s local growth fund awards in July 2014.

City of York Council is currently developing the business case for its next plan of work and schemes, and will be taking it forward through the West Yorkshire approval process. Once funding is confirmed, York will start a programme of works to improve seven roundabouts in 2017, which the council expects to be completed in 2021-22. In addition, York Council has also made a bid to the Department’s large local majors scheme for development funding to build the case for dualling the route. That is a separate and significant piece of work.

We set up the scheme for exceptionally large and potentially transformative projects that, because they are too big to be taken forward through the normal local growth fund allocations, would otherwise not be funded. We have allocated £475 million in local growth fund money to a competitive scheme that will enable local enterprise partnerships to implement the best of those large schemes. It is a two-stage approach, as my hon. Friend will know. Recognising that transformative schemes can take significant time and resources to develop, we are enabling sponsors to apply for development costs for their business case and then, later, to apply for full scheme costs.

The criteria for the development funding are clear; I hope that this will be helpful to my hon. Friend. We are considering schemes that will help deliver area growth objectives, which were at the heart of his speech, and clear value for money, and that can produce an outline business case quickly but with robust and plausible time scales. The schemes must be deliverable and have strategic impact that can be delivered cost-effectively. My right hon. Friend the Secretary of State has already announced funding for four schemes in the fast-track round of the competition.

The Department is now considering bids under the main round, including the bid from York. The winners will be announced around the time of the autumn statement later this year. I must say to my hon. Friend that the process is very competitive; I am sure that he imagined so anyway, but it is important for me to put it on record. The Department has received a significant number of bids, and of course we want to back the strongest proposals. As I am sure he will appreciate, I cannot comment further on York’s bid. None the less, he has highlighted the significance of the challenges associated with York and its infrastructure needs. In that respect, he has done a service to the House, his constituents and the city of which he is so proud.

We are investing record amounts in the strategic roads network. My hon. Friend will know that when I was in the Department for Transport previously, I took through the House the Infrastructure Act 2015, which gave life to the road investment strategy. We are committed as a Government to creating a better road network that works for drivers and the people who live in and around cities and communities such as York. In Yorkshire and the north-east, we are investing £1.4 billion in the strategic road network, delivering the biggest increase in capacity in the region since 1971. That includes an upgrade to the strategic roads serving York and North Yorkshire.

As my hon. Friend mentioned, the road investment strategy also announced a scheme to improve the A64 Hopgrove junction by upgrading the Hopgrove roundabout east of York. That scheme is set for delivery by the end of the second road investment strategy period of 2020 to 2025, and Highways England is currently conducting a feasibility study to identify options for upgrading the roundabout.

My hon. Friend referred to wider transport issues for the north. He will know that the Government remain committed to creating a northern powerhouse to rebalance our economy, which is why we created Transport for the North. We have given £200 million to resource that effort, providing both a long-term financial commitment and the leadership required to deliver that kind of vision. The north now has a single joined-up body to shape the investment that will transform transport across the north of England.

It would be remiss of me not to mention in the time available the significant investment that we are making in railways. The north of England rail infrastructure upgrade programme will transform rail travel in the region, delivering faster and more frequent rail services with benefits and better connections for many cities across the north by 2019. Our £1 billion investment programme includes a substantial electrification programme and other track, station and signalling improvements to improve capacity and the number of services, making journeys quicker and more reliable.

Between Manchester and York, for example, options are being developed to deliver an improvement in journey times of up to 15 minutes by the end of 2022. Passengers will benefit from additional infrastructure and other franchising investments. York travellers are already benefiting from the extra seats and services provided by the Virgin Trains east coast franchise awarded in 2014. I point out that I often travel on trains that originate in York, getting on the train at Peterborough and travelling to King’s Cross, so I know that service well and how important it is for the many who travel from York to London. Further proposed investment in that line will add benefits to travellers like my hon. Friend and me.

I am pleased to say that the Government and our agencies are working with York Council to develop the potential of York station as a major gateway to York, Yorkshire and the north. Successful developments at stations such as Birmingham New Street, Manchester Victoria and London King’s Cross have delivered transformational improvements to the communities that they serve. As I have responsibility across the Department for the built environment, I am determined to ensure that all station improvements are as good as the development at King’s Cross. We must ensure that they are not only ergonomically satisfactory but aesthetically of the highest order. As he will know, York station was announced to be part of the station regeneration vanguard in April this year.

My hon. Friend said a word or two about Haxby station, so it would also be remiss of me not to mention it briefly. He will know that the new round of the new stations fund was launched on 26 August, making £20 million available to promoters. Haxby bid in an earlier round of the fund, and I understand that it is likely to bid again. As he will also know, the criteria have been altered. Although I cannot comment on the outcome, I am keen—although I am not the Rail Minister as a rule, I take the opportunity to say this now, because for the purposes of this debate, I am—to open new stations. We should be ambitious about reopening stations where there is a strong business case for doing so. My hon. Friend has done a service in highlighting the case of Haxby station in this short debate.

As I say, my hon. Friend has done a service to the House, and in doing so, has given me the opportunity to restate this Government’s commitment to the kind of transformative investment and strategic approach that he has recommended to us. It is vital that this House and these debates inform Government thinking. It is not good enough for Ministers simply to parrot what was going to happen anyway; we must also think carefully about the arguments made by Members across this House and, where necessary, recalibrate and rethink policy approaches accordingly. That is precisely the approach that I have taken as Minister, and I shall continue to do so as a result of this useful contribution to our thinking.

I spoke earlier of Disraeli, and I will end with him too. He said:

“Man is not the creature of circumstances, circumstances are the creatures of men. We are free agents, and man is more powerful than matter.”

Let us gauge circumstances and create a better future with the power that men can bring to alter those circumstances where necessary.

Question put and agreed to.

Maritime and Coastguard Agency

John Hayes Excerpts

Thursday 26th March 2015 Written Statements

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

I am pleased to announce the publication of the Maritime and Coastguard Agency’s (MCA) business plan for 2015-16.

The business plan sets out:

the services that the agency will deliver and any significant changes it plans to make;

the resources the agency requires; and,

the key performance indicators (KPIs) by which the agency’s performance will be assessed.

This plan will allow service users and members of the public to assess how the MCA is performing in delivering its key services, managing reforms and finances.

The Business Plan will be available electronically on gov.uk and copies will be placed in the libraries of both Houses.

Attachments are available at http://www.parliament.uk/writtenstatements

[HCWS495]

Budapest Convention on Contract for Carriage of Goods by Inland Waterways

John Hayes Excerpts

Tuesday 24th March 2015 Written Statements

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

The Government have decided to opt in to the proposed Council decision authorising Austria, Belgium and Poland to ratify, or to accede to, the Budapest convention on the contract for the carriage of goods by inland waterways (CMNI).

The Budapest convention was adopted by the diplomatic conference organised jointly by the Central Commission for the Navigation of the Rhine and the Danube Commission in collaboration with the United Nations Economic Commission for Europe. It entered into force on 1 April 2005, and is intended to harmonise contractual and navigational standards on inland waterways in European countries. The UK is not a contracting party to the Budapest convention.

The convention is intended to harmonize contractual and navigational standards on inland waterways in European countries. Article 29 of the Budapest convention contains provisions on the choice of law by the parties to a contract of carriage falling under the convention. Those provisions affect the rules laid down in the Rome I regulation, which came into force on 24 July 2008 and applies in situations involving a conflict of laws and to contractual obligations in civil and commercial matters.

Austria and Poland have on several occasions expressed their interest in becoming parties to the convention. Although Belgium ratified the Budapest convention on 5 August 2008, it was after the adoption and entry into force of regulation (EC) 593/2008—the Rome I regulation—on the law applicable to contractual obligations within the EU. Therefore, the Budapest convention falls partly under exclusive European Union competence, because of its relationship with the EU regulation and any member state wishing to join the Budapest convention is first required to obtain Union authorisation to do so. The proposal is therefore also addressed to Belgium, in order to ensure Union authorisation and to rectify the currently unlawful situation.

The proposal has been published with a legal base falling within title V of part 3 of the treaty on the functioning of the European Union (TFEU)—justice and home affairs (JHA) matters. The EU currently has competency in this matter; the Government also maintain that the UK is still entitled to use its opt-in under protocol 21 of the treaty and in negotiations the Government will continue to seek amendments to the wording of the relevant recital of the proposed decision to reflect this. If the Government are unable to succeed, we will revert to laying a minute statement to underline the UK’s position.

The UK is not a party to the Budapest convention and has no cross-border exchange of goods within EU inland waterways. The UK has previously indicated, as has the Republic of Ireland, that there is no commercial carriage of goods by inland waterways between the two and so there is no impact on the UK. Nonetheless, it is clearly an important legal instrument for those member states that do have cross-border exchange of goods within EU inland waterways, since it provides a mechanism for resolving conflicts of law in relation to the contracts associated with the carriage of goods.

Since the provisions are not expected to have any impact on UK businesses or operations involving contracts for the carriage of goods by inland waterways, and there are no effects on relations with the three member states seeking authorisation, the Government have chosen to opt in.

[HCWS459]

Highways England Framework Document

John Hayes Excerpts

Friday 20th March 2015 Written Statements

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

Last week I announced to the House the formal appointment of Highways England as the strategic highways company with effect from 1 April 2015 and published a number of key governance documents.

Today I am publishing the final part of the formal governance framework, the Highways England Framework Document. This sets out the relationship with Government, especially the arrangements for accountability to Parliament and stewardship of public money.

As I have made clear before, Ministers will continue to be accountable for making sure the network is managed responsibly, in a way that safeguards value for public investment and meets the needs of road users and wider society, both today and for future generations.

A copy of this Framework document has been placed in the Libraries of both Houses and is available at:

https://www.gov.uk/government/collections/roads-reform.

[HCWS430]