Automated and Electric Vehicles Bill

Debate between Lord Craig of Radley and Baroness Sugg

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

[Lord Craig of Radley (CB)]

My Lords, before the Minister sits down, we have concentrated very much on charging points, but the Bill was amended on Report to cover hydrogen refuelling points. They may not need exactly the same thing, so I would like an assurance that the way they are treated will take account purely of what they are for rather than making the broad assumption that they are charging points and therefore electric only.

[Baroness Sugg]

I am happy to confirm that. Many amendments changed the Bill to ensure that we were dealing with hydrogen refuelling points as well. That was always the intent of the Bill but I agree that that was not clear enough, which is why we moved government amendments following interventions by the noble Baroness, Lady Randerson, and others on that issue. The technology around hydrogen is not yet as advanced as it is around electric battery but we will be addressing our hydrogen strategy in the upcoming Road to Zero document.

Airports National Policy Statement

Debate between Lord Craig of Radley and Baroness Sugg

Wednesday 6th June 2018 Lords Chamber

[Baroness Sugg]

My Lords, on the respite periods, the final flight paths obviously have not been confirmed yet, and I understand why there is frustration about that. The proposals to change airspace design have to follow the new airspace change process, which will be done in the coming years, in close consultation with the community.

On the 6.5 hour ban, it has not been decided between periods of 11 pm and 5.30 am exactly where that will go. As I say, that will also be done in consultation with local communities. We think that there could be more respite than that, and predictable respite too. Obviously, with a third runway, there will be more aircraft movements in the sky, so I acknowledge that there will be more noise. We have set out a comprehensive package of compensation, which includes noise insulation and improvements to public amenities.

On the surface access point, there is lots of investment to come on that. I would mention Crossrail, HS2 and Southern Rail and western rail access. There are clear commitments to 50% of public transport use by 2030 and 55% by 2040. Where that is directly to deal with expansion, it will be paid for by the developer.

[Lord Craig of Radley (CB)]

My Lords, I thank the Minister for repeating the Statement, which talks about ensuring timely delivery. One aspect of this will be a large number of legal challenges. What powers do the Government have, if any, to ensure after due process that this very expensive and ambitious programme will continue and be completed on time?

[Baroness Sugg]

My Lords, the noble and gallant Lord is quite right to point out that there may well be judicial reviews around this. Obviously, we are expecting that. The Airports Commission asks that the runway is delivered by 2030. As I said, Heathrow is working to 2026, and we have independent appraisals on that and will work closely with it. We will of course follow correct judicial processes on this, but we will work with Heathrow to get this delivered for 2026, as I say.

Automated and Electric Vehicles Bill

Debate between Lord Craig of Radley and Baroness Sugg

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

[Baroness Sugg]

I agree with the noble Baroness that this is a fast-moving industry, and we absolutely want to position ourselves at the front of it. As my noble friend pointed out, I am in an unusual situation of being offered powers to Government. This is a narrow Bill, which I acknowledged at the beginning. We have been trying to ask only for powers which we know how we will use in the future. We have an amendment from my noble friend coming up on that, and it has been interesting to hear people’s views. At the moment, the Bill is focused entirely on insurance, but I will be interested to hear views from everybody around the House ahead of Report.

In Amendment 11, the noble and gallant Lord, Lord Craig, is right to be concerned that vehicles must meet the appropriate safety standards, both before they are sold and to ensure their ongoing roadworthiness. They are important issues that will require attention from the Government, and we certainly expect safety throughout the vehicle’s life to form the basis of future regulation. We do not yet know, because of the technology, the timescale to expect for regular vehicle checks. As the standards have not yet been set, I am afraid that we are unable to introduce those detailed regulations at this time and in this Bill.

[Lord Craig of Radley]

On that point, the Minister says that the Government cannot introduce regulations at this time. Will it be primary legislation to do that, or does existing legislation give them the opportunity to produce regulations as and when required?

[Baroness Sugg]

Under the construction UNECE regulations, which are how we deal with conventional vehicles, we are able to introduce regulations, which is a potential future for automated vehicles. We have asked the Law Commission to do a far-reaching review on our regulatory framework for automated vehicles. That is designed to promote the safe development and use of automated vehicles, identify areas in the law that may be barriers to the use of automated vehicles, and propose potential solutions. One of those barriers was that we did not have an insurance framework, and those vehicles could not be insured. That is the purpose of the Bill. We are working with the Law Commission to understand where we need to make further primary or secondary legislation. As and when appropriate, the Government will come forward with legislative and regulatory proposals, and will absolutely consult on the detail.

I turn to the role of the insurer and my noble friend Lord Lucas’s Amendment 22. It is the policy intent of the Bill that it mirrors existing processes as closely as possible without making complex legislative changes to the existing framework. A vehicle is insured if there is in force, in relation to the use of the vehicle on a road or other public place in Great Britain, a policy of insurance that satisfies the conditions in Section 145 of the Road Traffic Act 1988. It is the contractual obligation of the insured person to provide accurate information to the insurer. Failure to do so may result in the policy being voided.

I understand that there is concern that we are proposing an insurance framework before we have agreed the safety standards, and before we are sure how we will regulate for those, but as I said, the Bill is designed to enable insurers to begin developing new insurance products, in response to a request from the insurance industry. We want those insurance products to be developed now so that it will encourage further investment and research in automated vehicles in the country—something I am sure noble Lords are in favour of.

I hope that these words have assured noble Lords that there will be comprehensive safety standards, which will be informed by consultation, to ensure that only automated vehicles that can be used safely will be placed on the list. Again, I am afraid, as the Bill is solely considering a list in relation to the insurance framework and not these safety standards at this stage, I hope the noble Lord feels able to withdraw his amendment.

Laser Misuse (Vehicles) Bill [HL]

Debate between Lord Craig of Radley and Baroness Sugg

Committee: 1st sitting (Hansard): House of Lords
Tuesday 23rd January 2018 Lords Chamber

[Baroness Sugg]

The noble Lord makes a valid point. I do not believe there are any such instances, but if there are I will certainly write to him with that information. That is a very good point. As I say, I will take it back and consider it. We should return to this at a later stage. With that, I ask the noble and gallant Lord to withdraw his amendment.

[Lord Craig of Radley]

My Lords, I thank those who have spoken in this very short debate. I listened, obviously, to what the Minister had to say. I am still a little uneasy about the argument that, because this has not happened, therefore we do not need to worry about it. Pedal cyclists are already covered by the Bill. I wonder how many attacks on pedal cyclists have taken place to justify including them in the Bill. Having said that, I again thank everybody who has spoken and the Minister, and beg leave to withdraw the amendment.

--- Later in debate ---

[Baroness Sugg]

My Lords, I am again very grateful for the experience and expertise of the noble and gallant Lord, Lord Craig of Radley, in this area. Once again, he has raised a salient point through this amendment.

In the Bill we have sought to capture those persons who are in control of the vehicle, and, in the case of aircraft, we have said that this will be pilots. The Bill specifically refers to pilots “monitoring the controlling” of aircraft to capture co-pilots, who defence lawyers could argue are not controlling the aircraft but who none the less should be covered by the offence because of the important role they play in the safe flying of aircraft. In some cases, members of the flight crew may have a safety-critical role and control of the aircraft but would not be classified as pilots. As I have said, the intention of the Bill is to cover all persons who have control of the vehicle.

I understand there are a number of instances where the non-pilot members of the flight crew could have some control of the vehicle, such as flight engineers or, as the noble and gallant Lord, Lord Craig, highlighted, winch operators on search and rescue helicopters. If these members of the flight crew were dazzled or distracted by a laser beam, it is highly likely that the pilot would be too. I understand that the current wording in the Bill could cause some ambiguity and a possible loophole, so I will ask the Bill team to look carefully at ways in which this can be clarified.

I thank the noble and gallant Lord for raising this issue. I hope that he is assured that it is something we will look at carefully and that he will agree to withdraw his amendment at this stage.

[Lord Craig of Radley]

Obviously, I am grateful to the Minister. I thank her very much indeed and look forward to the further work she will produce on that. I beg leave to withdraw the amendment.

--- Later in debate ---

[Baroness Sugg]

My Lords, the Government’s intention in the Bill is to cover both when a vehicle is in motion and when it is stationary if the vehicle is about to travel. There would be a safety risk in both cases if the person in control were to be dazzled or distracted.

A journey is intended to start when the vehicle is ready to commence travel. It includes taxiing in the case of aircraft, and for all vehicles will cover any temporary stops along the way, such as stops at a train station, bus stop or traffic lights, or when waiting to take off. It is also intended to capture journeys of any length and to include a journey that returns to the same place at which it began.

I appreciate the points that have been made and what the amendment is aiming to clarify. It is our intention that if the aircraft is about to travel or has not finished shutting down after coming to a stop, this should be covered, as there could still be a risk to transport safety. The Government believe that saying that all periods should be covered, including when a person occupies the vehicle, potentially goes too wide, as that person could be in the vehicle for a long time before the journey commenced or after it finished, when there would not be a risk to transport safety.

At Second Reading the noble Lord, Lord Berkeley of Knighton, highlighted the definition of “journey”, which can be found in the international aviation treaty—the Tokyo Convention. It states that an aircraft is in flight from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation. We intend the Bill to cover that definition, but I accept the questions raised in relation to the current wording and will ask the drafters to look at this matter carefully.

A point was made about journeys—including training flights, which were mentioned by my noble friend Lord Trefgarne—which start in one place and return to that same place. It is absolutely our intention that these types of journeys will be covered by the Bill but, again, I will look at the options for making sure that that is clearer.

I hope that I have been able to clarify our intention when the word “journey” is used but, as I said, we will look at this further to ensure that there is no ambiguity in the interpretation. On that basis, I hope that the noble and gallant Lord will withdraw his amendment at this stage.

[Lord Craig of Radley]

I thank the noble Baroness and others who have spoken in this short debate. Of course, I am very happy to wait until Report to see what she comes up with. Meanwhile, I beg leave to withdraw my amendment.