Haulage Permits and Trailer Registration Bill [HL]

Debate between Lord Berkeley and Lord Tunnicliffe

Ping Pong (Hansard): House of Lords
Wednesday 4th July 2018 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, I also welcome these amendments. I share the noble Baroness’s concern about the method of allocation of permits, but I think that we have gone as far as we are going to get on that one. I was particularly interested in the Minister’s comments about Amendments 5 and 6, which she said did not apply to Northern Ireland. I thought the whole point of trailer registration, in Part 2 of the Bill, was that it was a necessity to have trailers registered in case there was a need for any trailer to go outside the UK on to the continent, or into the EU, following Brexit, which of course would also apply to the Republic of Ireland. My logical mind therefore thinks that, if a trailer cannot be registered in Northern Ireland, it cannot leave Northern Ireland—or the UK—for the European Union, which means it cannot go across the border to the Republic.

Notwithstanding that, in Amendment 11, if a driver does take a trailer into the Republic that is registered in Northern Ireland—which apparently it cannot be—they can still be fined. This seems slightly illogical because, if I were a trailer owner in Northern Ireland and not able to register it and therefore go into the Republic, that would not seem quite right to me. Can the Minister explain where I have got it wrong or whether there is something more that needs to happen?

[Lord Tunnicliffe (Lab)]

My Lords, I agree with much of what the noble Baroness, Lady Randerson, said, but also that we have gone as far as we can in those areas. On government Amendments 5, 6, 7 and, I think 8, my research assistant, Catherine Johnson, who drafted the original amendment passed in your Lordships’ House, assured me that the Minister has accepted your Lordships’ amendment but put it in her own words. Accordingly, we support the government amendments and thank the Minister for her efforts.

Automated and Electric Vehicles Bill

Debate between Lord Berkeley and Lord Tunnicliffe

3rd reading (Hansard): House of Lords
Wednesday 13th June 2018 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, at the risk of causing a bit of trouble at this stage of the Bill, I cannot see why it matters particularly where the charging points are in a motorway service station. If you are going to park your car and go off to have a drink, you might as well plug it in while having it. If you do not want to do that but have a high-powered, high-speed charger you can probably do that as if you are filling up with petrol. The general principle in the Bill is all right but I suspect that the commercial pressures on the operators will persuade them to put the charging points where they are most convenient.

[Lord Tunnicliffe (Lab)]

I thank the Minister for bringing forward these amendments, which seem to have produced a consensus on all the issues which were brought up on Report. I must agree with other speakers that the Bill is narrow and, to be fair, it is generally our role to scrutinise Bills. While we have done that, there has to be much wider consideration given by government to this whole area. That consideration has to work with other parts of government and local government, so that we do not trip into the area of sovereignty conflict. Fortunately, that seems to have been effectively solved by the amendments and the consultation. It is an important area to get straight if we are to achieve the spread of charging points that will be necessary, particularly to achieve our air-quality targets.

Automated and Electric Vehicles Bill

Debate between Lord Berkeley and Lord Tunnicliffe

Committee: 1st sitting (Hansard): House of Lords
Wednesday 9th May 2018 Lords Chamber

[Lord Tunnicliffe]

My Lords, I will speak to my Amendment 21 in this group. The Bill as currently drafted means that the insurer or owner of an automated vehicle is not liable where the event was caused by a person allowing the vehicle to drive itself where it was not appropriate to do so. However, it does not define when it is or is not appropriate to do so. This amendment requires the Government to provide regulatory guidance for when it is and is not appropriate for a person to allow an automated vehicle to drive itself.

It would clearly not be appropriate in some circumstances for vehicles to drive themselves: for example, early automated vehicles might be deemed safe to use only on motorways and not on some urban roads. Another example would be that a software issue might arise so that using the automated function at that point would be inappropriate. Clause 3(2) is not clear enough in its intentions. Does it even apply to fully automated vehicles or bimodal vehicles? We need more clarity on this.

One of the primary purposes of Part 1 is to provide a framework to give insurers, manufacturers and potential users greater clarity, providing confidence and encouraging progress on automated vehicles. However, it is still not clear from the Bill what the Government have in mind about when their use would be appropriate. We are asking for regulations to be brought forward to better define those circumstances, because we cannot afford to have confusion here. People must be clear about where their obligations lie. If we are to see the growth in the industry we all wish for, we do not want to leave this issue hanging over it.

[Lord Berkeley]

My Lords, I will make what I hope is a helpful suggestion to my noble friend in connection with Amendment 21. The most appropriate authority to make these regulations would be the Office of Rail and Road. It is responsible for safety on the railway; it should be responsible for road safety, but we have not got there yet. Maybe the noble Lord, Lord Lucas, would support me on that one. However, I hope that is a helpful suggestion.

Haulage Permits and Trailer Registration Bill [HL]

Debate between Lord Berkeley and Lord Tunnicliffe

Report stage (Hansard): House of Lords
Tuesday 17th April 2018 Lords Chamber

[Lord Berkeley]

Well, maybe that will change someday.

To speak briefly to Amendment 4, I think the noble Baroness has tried hard to interpret the long debate we had in Committee about the method of allocation and we will have to see how it goes: I think we cannot go much further on it. However, I support my noble friend Lord Whitty’s Amendment 5 on these criteria, which Unite has quite rightly been proposing for the operators. As the noble Earl, Lord Attlee, mentioned, though, it is going to get even more unfair if foreign lorries coming here do not have to comply with the same criteria. We risk losing more traffic to foreign lorries: it is massively out of balance at the moment and will get worse. I am not sure how we do it, because the Minister said about a previous part of the Bill that we cannot legislate about anything to do with foreign lorries coming here. I hope she will reflect on the need not only to take into account my noble friend’s amendment but how to apply that to lorries that come to this country so that there is a fair balance.

[Lord Tunnicliffe]

My Lords, I too welcome the movement that the Minister has shown in the redrafting of Amendment 4. The essence seems to me that there will be a series of criteria to determine who should get permits and that the use, particularly, of random selection will emerge only where the differentiation by the criteria shows candidates to be equal. In other words, the objective will be to have objective criteria that can do the differentiation process, and only when bids of equal merit are placed in front of the selection would we stoop, sadly, to random selection. Let us hope we never get there—let us hope that there are enough permits anyway.

The Minister met many of the aspirations of Amendment 5 and I hope she will repeat them in her summing up. I hope she will give some warmth to repute as a concept for selection. There is the idea of a single criterion—safe, environmentally okay, et cetera—but it is crucial to recognise that it is more complex than that. We need to look at an operator’s track record: do they consistently work to a high standard? Are they consistently a good representative of that industry?

--- Later in debate ---

[Lord Berkeley]

My Lords, I welcome this amendment, as far as it goes. Again, we debated this in Committee. The noble Baroness has tabled the amendment after Clause 8 and explained very clearly its purpose. However, when I read it, I said to myself, “What are ‘relevant restrictions’?” It is not included in the definitions and, although she has explained it, in the cool light of day when the Bill becomes an Act, I would read it and say, “Whatever is that?” Could she look again at that and either clarify it or come back with a definition at some stage?

[Lord Tunnicliffe]

My Lords, in speaking to Amendment 12, I will speak also to Amendments 13 and 14 in my name. In the real world, you have to realise when you are not going to get any further. The noble Baroness has, in effect, accepted the thrust of our concern that there should be proper reporting. I think our amendments are much better but I know that she will not agree with me, and so I will settle for what I have got.