Harvey’s Law

Debate between John Hayes and Richard Burden

Monday 2nd March 2015 Westminster Hall

[Mr Hayes]

Yes, that is true, and it should make the commitment I have given easier to deliver. We will ensure that facilities are in place across the country to scan animals that are unhappily in the circumstances I have set out.

The Government take this matter extremely seriously. As soon as I heard about the case, I realised that the circumstance in which Harvey died was just not acceptable, for the reasons I gave at the outset. If we are made more human by the love of a pet, we need to understand that when a pet is lost and its fate is uncertain—my hon. Friend the Member for Stourbridge (Margot James) made this point wonderfully—that eats at the hearts of all those involved. To paraphrase Dickens, what greater gift can there be than the love of a cat or dog?

[Richard Burden]

I am not going to try to match the Minister’s quotations, but, for the benefit of those following the debate, I want to get absolutely clear the commitments that have been given. Would I be right in thinking that there are three? First, that new contracts will make scanning mandatory, with no delay, and so will not be preceded by a review—

[Mr Hayes]

That is already happening.

[Richard Burden]

Secondly, that a review will apply to existing contracts and the Minister will write to all Members present with a timetable, which will be placed in the House of Commons Library; and thirdly, that the requirements will be extended to cats. Will the Minister give some idea of the timetable for that final commitment?

[Mr Hayes]

I could not have summarised my own argument better than the shadow Minister has just done. Those are indeed the commitments. In the note that I will circulate on the contracts, it would be helpful for me to say a word about cats and the practicable means of contacting owners. I take the point that cats are often microchipped. As I was saying, that helps because of the availability of scanners and the fact that, as has been said in the debate, the straightforward business of locating and collecting animals in places where they can be scanned should mean that owners can be contacted wherever possible.

Infrastructure Bill [Lords]

Debate between John Hayes and Richard Burden

Monday 26th January 2015 Commons Chamber

[Mr Hayes]

I will make a little progress and then let the hon. Gentleman come back.

The Bill provides that a transferring employee can terminate their contract if there is a substantial detrimental change to it if they transfer. That reflects regulation 4(9) of TUPE. Government amendment 116 supplements that by providing that where the employee claims constructive dismissal in those circumstances, no damages are payable in respect of any unpaid wages that relate to a notice period he or she has not worked. I should stress that the amendment does not prevent employees from claiming for damages for constructive dismissal, but seeks to establish a common-sense position that damages cannot be claimed for a period of required notice that has not been worked. I should highlight that the amendment ensures that the provisions in the Bill properly reflect TUPE in that regard.

[Richard Burden]

I should like to press the Minister to clarify Government amendment 116. From what he has said, it seems that the intention is to put the TUPE principles into the Bill. The amendment contains the words “constructive dismissal”. It seems to me—this is certainly the advice we have had—that that is inappropriate. Will he look again?

[Mr Hayes]

The hon. Gentleman, with the courtesy he personifies, raised that with me before we came to the House today. I have committed to take another look at that through the parliamentary draftsman. There is no intention to disadvantage staff in that regard. I give that absolute assurance, but I will double-check the language, because language in such things matters. He and I are in discussion and I have committed to write to him as soon as possible, and certainly before the matter is discussed further, to clarify the use of the language to which he has drawn the House’s attention.

Oral Answers to Questions

Debate between John Hayes and Richard Burden

Thursday 22nd January 2015 Commons Chamber

[Mr Hayes]

I wondered whether my hon. Friend might ask this question, because he has raised the subject in an Adjournment debate and I know that he is a great champion of his constituents’ interests. I thought, as you must have done, Mr Speaker, of Ezra Pound, who said:

“What matters is not the idea a man holds, but the depth at which he holds it”.

Any man who advocates tunnelling at this scale certainly holds an idea at very great depth indeed. This is a matter for local councils—for Lancashire and Cumbria—and it is for them to consult their local enterprise partnerships. Nevertheless, I am interested in the scheme and am happy to invite my hon. Friend to the Department to discuss it with officials and see what can be done.

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

I do not know whether the Minister has a prepared answer for this one, but may I take him back just a few weeks to the launch of a poster showing a road smoothly stretching out into the distance which was discovered to be a German road full of potholes that had been airbrushed out? Is that why he and other Ministers are trying to airbrush out the fact that spending for local road maintenance will be lower in real terms in 2020 than it was in 2010?

Infrastructure Bill [Lords]

Debate between John Hayes and Richard Burden

Monday 8th December 2014 Commons Chamber

[Richard Burden]

My hon. Friend is right on that point. As well as being a shadow Minister with responsibility for roads, I have the honour of chairing the all-party motor group. Fortunately, the days of seeing the motor vehicle as an inevitable enemy of environmental protection are long gone. There is a great deal of innovation going on in the automotive industry. Although the hon. Lady has some very serious points to make, she should understand who brought in the Climate Change Act 2008, and who was Energy Secretary when some of the best initiatives on preserving the environment were taken in Britain. That should give her a little more confidence that the Opposition take our environmental responsibilities seriously.

Another area that the Bill does not tackle is that of local roads. The Minister talks about a roads revolution, but in reality this Bill addresses just 2% of the road network, as 98% of the roads in this country are local roads. Two-thirds of traffic is on local roads. Motorists, pedestrians, cyclists, HGV drivers and motorcyclists all rely on roads to get around. Nearly all our journeys start and finish on local roads, but it is those roads that are the most creaking part of our road infrastructure. A third of local roads are in urgent need of attention. There is a £12 billion pothole backlog that will take 12 years to fix, and congestion on local roads is set to rise by 61% by 2040. A record 91% of the public are dissatisfied with the condition of local roads. Nearly 90% of businesses surveyed by the CBI expect local roads to get worse, not better. That is not surprising, because spending on local road maintenance is down 11% since 2010. Under this Government, it will decline further in real terms by 2020. There is a risk that the Bill will make the situation worse.

Local government and transport campaigners have warned that giving strategic roads management to an arm’s length company could create a two-tier road system, pushing traffic on to local roads and into our towns and cities. We need proper joined-up planning between strategic and local road networks, with devolved bodies and local authorities having greater powers over local transport and traffic management to tackle congestion. That is why we on the Opposition Benches are committed to English devolution. City regions face huge congestion pressure between now and 2040. They are planning their 20-year growth strategies, and need confidence that the Highways Agency, or whatever it is called, is working to similar horizons. We need an independent commission to take that long-term view.

Ring-fencing money for environmental protection, innovation, cycling and safety is important, which is why I am pleased that there is a £100 million budget for cycling on strategic roads. The problem is that it is yet another one-off announcement. It is not the long-term commitment to funding to get Britain cycling. As far as I can tell, the Department for Transport still has no clear budget for cycling, and funding is set to end by 2016 when the local sustainable transport fund finishes. It seems ludicrous that we will have five years of that.

After two years of calling for safety targets to be reinstated, I am pleased that the Government have finally recognised that axing them was a mistake. It is good to see in the road investment strategy a target to cut deaths and serious injuries by 40% on strategic roads by 2020. However, if it is right to have road safety targets for the strategic road network, why cannot we have safety commitments and targets for all UK roads?

It seems ludicrous that we will have five years of road and rail plans that will not be joined up. One of the most pressing transport problems is that, too often, decisions on road, rail and airports are taken in individual silos. Investments are not joined up and maximised. The Government’s proposals to study the options for HS3 include a tunnel under the Peak district and other trans-Pennine road improvements, but they are being considered separately when they should be looked at together. Where is the requirement for the new company and Network Rail to share forecasts, and to map and plan investment in a co-ordinated way?

[Mr Hayes]

I agree with both the hon. Gentleman’s last two points on integration and road safety more generally. If he brings proposals to the Committee, I will consider them both very carefully.

[Richard Burden]

I am grateful to the Minister. I am sure we can pursue and discuss the matter in Committee if the Bill gets that far.

My final point—perhaps the Minister has reassuring words on this—is whether the new agency will have adequate accountability, which the right hon. Member for Wokingham (Mr Redwood) mentioned. Passenger Focus will be renamed Transport Focus because it will have a responsibility for roads as well as for rail and bus. Why is there still a silo mentality on the Office of the Rail Regulator, even though it will have a monitoring role? After pressure from the Opposition in the other place to give the new body more powers, it cannot be a regulator of roads. In the Bill, Transport Focus can represent only people who use strategic roads—it will not represent pedestrians or cyclists who use local roads, or motorists who are frustrated with conditions on local roads. I hope we can look at that if the Bill gets as far as Committee. With the recent ruling on the UK’s air quality infraction, should not a watchdog consider the environmental impact of any new company?

What about the Minister’s accountability to Parliament? Will hon. Members be able to table parliamentary questions and have proper debates on roads, whether in the Chamber or in Westminster Hall, or will we get letters from the chief executive of the new body instead? The chief executive of the Highways Agency has said that the reform will enable it to “set its own destiny”. The public depend on roads for daily life, so is that what we want? We will want to look at that closely in Committee if the Bill gets that far, and I hope the Minister reflects on it.

The Opposition support the extension of powers for the British Transport police to obtain driver information and take enforcement action outside the railways. That proposal was tabled by Lord Faulkner in the other place, with the Opposition’s support. It is an absurd situation when trained and effective British Transport police officers have to ask permission to take enforcement action on land outside railway jurisdiction. That makes no sense to the public. I hope the Minister will comment, today or later, on how that relates to the Smith commission recommendation that the British Transport police should be devolved.

The Opposition support a proper control regime for invasive non-native species, but we do not believe the Bill is fit for purpose. After the badger cull chaos, the Government listened to pressure from animal rights campaigners, wildlife groups, the National Farmers Union and Labour, and it is good that they included animal welfare protections in the regime. However, although there are three distinct categories of species in the Bill—native, former native and non-native—the definitions still seem problematic. We expect the Government to look at the EU habitats directive for those definitions, and will seek assurances that specific species such as the beaver will be given legal protection.

The Bill also includes a number of changes to the planning regime, none of which seem to go anywhere near addressing the housing crisis facing Britain today. Effective and efficient planning is vital, and we will support sensible changes to deliver a timely planning system, especially for nationally significant infrastructure projects. We want the Bill to define what the public can expect from garden cities in terms of high-quality design and sustainability for strong and inclusive communities for the future. My hon. Friend the Member for City of Durham will expand on that point later, say why the Bill fails to ensure that building standards reduce CO₂ sufficiently, and explain our position on deemed discharge, land transfers to the Homes and Communities Agency, and the Land Registry. Suffice it to say that a trend seems to be emerging with the Government’s Land Registry reforms, which still seem rather confused, and they appear to have made a U-turn on putting those at arm’s length. Perhaps the most glaring omission on housing and land use is the fact that the Bill contains no acknowledgment of the housing crisis our country faces, of what the Lyons review said, or that Labour is right to call for ambitious reforms and 200,000 extra homes to be built a year. This Bill is a far cry from that.

Part 5 sets out a number of provisions on energy. Getting energy policy right is critical to our economy and vital to enable all infrastructure sectors to function. It is therefore a shame that the Bill contains no ambitious commitment or strategy to ensure that the UK will meet growing demand in a sustainable way. The Bill sets out a new community right for a stake in renewable energy schemes—that is fine, although we do not think it goes far enough—and it is good that it implements Wood review proposals for increasing oil and gas extraction, which have cross-party support. However, the issue that I am sure generates the most interest, both inside and outside the House, is in clauses 38 to 43 on underground access to shale and geothermal energy—there have already been questions on that.

--- Later in debate ---

[Richard Burden]

I must say that I am a little confused by the hon. Gentleman’s point. As I understand it, the current situation, even without this Bill, is that shale gas extraction can happen in Scotland only with the approval of the Government in Holyrood. I also understand—perhaps he will correct me if I am wrong—that the Scottish Government, despite having an effective veto over any development in Scotland, actually voted against a shale gas moratorium earlier this year. He is right that the Smith commission has recommended the devolution of mineral access rights and the licensing process to Scotland. If this goes as far as Committee, I am sure that the issue will be explored there.

Labour is committed to the decarbonisation of the power sector by 2030 and to reducing our carbon emissions in line with the Climate Change Act 2008.

[Mr Hayes]

Before the hon. Gentleman moves on from shale gas, and leaving aside the issue of where power is exercised and how close that is to its effects, let me repeat that we recognise that this is an embryonic industry. We are very happy, during the course of the Bill’s consideration, to listen to reasonable overtures about safety and other matters such as those that have been raised in this House.

[Richard Burden]

I am grateful for the Minister’s comments.

As the Committee on Climate Change has said, within our legally binding carbon targets, gas can have a role to play as part of a balanced energy mix, along with renewables, nuclear, and carbon capture and storage. With 80% of our homes reliant on gas for heating, and in the context of declining North sea oil production, indigenous shale gas production may have a beneficial impact on our energy security. However, only by fully addressing legitimate environmental and safety concerns about fracking, with the kind of robust regulation that I have been talking about, with comprehensive monitoring and strict enforcement, will we give people confidence that the exploration and possible extraction of shale gas is safe and a reliable source that can contribute to the UK’s energy mix. That is why we are seeking to amend the Bill in Committee to ensure that any fracking could happen only under robust safety and environmental standards.

The issue of underground access rights is separate from the environmental and safety framework. It does not affect the requirement for consent to be sought for exploration and extraction through planning and relevant environmental permitting processes. Any application sanctioned by local authorities will require a strict environmental assessment. Other industries requiring underground access—such as coal mining, water, sewerage, and gas transportation pipelines—already have underground access rights without requiring the landowner’s permission. In principle, we do not oppose the reforms to underground access. However, we will continue to push for the environmental framework to be strengthened, and for assurances that the responsibility for clean-up costs and the liability for any untoward consequences rest fairly and squarely with the industry, not with taxpayers or homeowners.

Important regulatory questions must be answered before large-scale extraction can begin, but Conservative Ministers have so far chosen to ignore those legitimate environmental concerns rather than address them and provide safeguards for communities. That is why we will table amendments to close a number of loopholes in the existing regulatory framework. My hon. Friend the Member for Rutherglen and Hamilton West will set those out in detail in Committee. We are taking a responsible approach. People will have confidence that shale gas is a safe and reliable source only if this Government provide robust regulations, set out a comprehensive monitoring process, and ensure strict enforcement of exploration and extraction. Sadly, we heard no such assurances from the Minister.

The Bill has some important provisions to help to facilitate and improve national infrastructure planning, but too many parts are weak or confused. Above all, it is no match for the infrastructure challenges that face the UK in transport, in housing, and in energy. That is why Labour wants an independent commission to set out the priorities and strategy that we need to deliver—not just announce, re-announce, and re-announce again—the infrastructure that the UK so urgently needs.

Oral Answers to Questions

Debate between John Hayes and Richard Burden

Thursday 4th December 2014 Commons Chamber

[Mr Hayes]

This is not the first time that my right hon. Friend has raised this matter. Indeed, since I became a Transport Minister, I have spent a good deal of my life answering his perfectly proper and assiduous inquiries and representations on behalf of his constituents on transport-related affairs. He is right that there is a history of congestion in that area, and I would be more than happy to look at it and take his advice and guidance on the matter.

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

Back in September, the Public Accounts Committee described the Government’s approach to local road maintenance, which, as we know, is a major cause of congestion, as “ludicrous”. Now, despite the rather bashful claims that the Minister has made today about Monday’s road announcement, I have not actually heard members of the PAC queuing up to say that they have changed their mind. Does that not tell him something?

Oral Answers to Questions

Debate between John Hayes and Richard Burden

Thursday 23rd October 2014 Commons Chamber

[Mr Hayes]

It is a hallmark of this Government that we have taken cycling as seriously as we have, and that is in no small measure due to the work of the Under-Secretary, my hon. Friend the Member for Scarborough and Whitby (Mr Goodwill). All new road schemes must take account of cycling provision, and, although I am never unnecessarily partisan in this Chamber, as you know, Mr Speaker, I am not sure that previous Governments could have claimed that.

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

I welcome the Minister to his role. Congestion is, as we have heard, all too often made worse by the poor state of local roads. The Local Government Association has warned of a road maintenance “time bomb”. The Minister may think that everything is going swimmingly well, with funding competitions, which pre-date him, that rob Peter to pay Paul, but when the Public Accounts Committee says that it is

“very frustrating that the Department for Transport still has not got a grip on how it funds road maintenance”,

one might think that he would listen, so why will he not?

[Mr Hayes]

I always take that kind of analysis and scrutiny seriously. This Government are going to resurface 80% of roads, because we acknowledge the hon. Gentleman’s point about the effect of road condition on congestion. This Government are taking a more strategic approach, putting their money where their mouth is and listening to the kinds of arguments the hon. Gentleman has amplified.