Deregulation Bill
Lord Davies of Oldham Excerpts(11 years, 3 months ago)
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“Road traffic legislation: use of vehicles in emergency response by NHS Traffic Management Act 20041 The Traffic Management Act 2004 is amended as follows.
2 In section 85 (prohibition of double parking etc), in subsection (3), for “for fire brigade, ambulance or police purposes” substitute “—
(a) for fire brigade or police purposes, or(b) for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service.“An NHS ambulance service” means—(a) an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;(b) an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;(c) the Scottish Ambulance Service Board.” 3 In section 86 (prohibition of parking at dropped footways etc), in subsection (4), for “for fire brigade, ambulance or police purposes” substitute “—
(a) for fire brigade or police purposes, or(b) for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service. “An NHS ambulance service” means—(a) an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;(b) an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;(c) the Scottish Ambulance Service Board.”Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986 /1078)4 The Road Vehicles (Construction and Use) Regulations 1986 are amended as follows.
5 In regulation 3(2) (interpretation), in the Table at the appropriate place insert—
“an NHS ambulance service | (a) an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services; (b) an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services; (c) the Scottish Ambulance Service Board.” |
(2) In paragraph (5)(a), omit “, ambulance”.
(3) After paragraph (5)(a) insert—
“(aza) used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service;”.7 (1) Regulation 82 (restriction on width of loads) is amended as follows.
(2) In paragraph (10)(a), omit “, ambulance”.
(3) After paragraph (10)(a) (but before the “or”) insert—
“(aa) for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service;”.8 (1) Regulation 101 (parking in darkness) is amended as follows.
(2) In paragraph (2)(a), omit “ambulance”.
(3) After paragraph (2)(a) insert—
“(aa) being used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service if compliance with those provisions would hinder or be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion;”.9 (1) Regulation 107 (leaving motor vehicles unattended) is amended as follows.
(2) In paragraph (2)(a), omit “ambulance,”.
(3) After paragraph (2)(a) (but before the “or”) insert—
“(aa) being used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service;”.Road Vehicles Lighting Regulations 1989 (S.I. 1989/1796)10 The Road Vehicles Lighting Regulations 1989 are amended as follows.
11 (1) The Table in regulation 3(2) (which sets out the meaning of expressions used in the regulations) is amended as follows.
(2) In column 2, in paragraph (a) of the definition of “emergency vehicle”, omit “, ambulance”.
(3) In that definition, after paragraph (a) insert—
“(aza) a vehicle used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service;”. |
“An NHS ambulance service | (a) an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services; (b) an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services; (c) the Scottish Ambulance Service Board.” |
(2) Omit paragraph (2)(y)(iii).
(3) After paragraph (2)(y) insert—
“(z) reflected light from yellow or orange retro reflective material fitted to the rear of a vehicle—(i) used for ambulance purposes, or(ii) used for the purpose of providing a response to an emergency at the request of an NHS ambulance service.”13 In Part 2 of Schedule 17 (requirements relating to optional side retro reflectors), in the first column of the Table, below “Ambulance” (but in the same row) insert “The provision of a response to an emergency at the request of an NHS ambulance service but only in respect of a vehicle which is owned by the service or held by it under a lease or hire agreement”.
14 (1) Part 2 of Schedule 18 (requirements relating to optional rear retro reflectors) is amended as follows.
(2) The first sentence becomes paragraph 1.
(3) At the end of that paragraph insert “, subject to paragraphs 2 and 3.”
(4) The second sentence becomes paragraph 2.
(5) In that paragraph—
(a) omit “But”;(b) omit paragraph (c).(6) After paragraph 2 insert—
“3 The colour of rear retro reflectors fitted to—
(a) a vehicle used for ambulance purposes, or(b) a vehicle used for the purpose of providing a response to an emergency at the request of an NHS ambulance service,may be red, yellow or orange (or any combination), provided that, in the case mentioned in paragraph (b), the vehicle is owned by the NHS ambulance service or held by it under a lease or hire agreement.”Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (S.I. 1997/2400)15 The Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 are amended as follows.
16 In regulation 3(1) (interpretation), at the appropriate place insert—
““an NHS ambulance service” means—(a) an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;(b) an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;(c) the Scottish Ambulance Service Board;”.17 (1) Regulation 12 (significance of vehicular light signals at Pelican crossings) is amended as follows.
(2) In paragraph (1)(e), omit “, ambulance, national blood service”.
(3) After paragraph (1)(e) insert—
“(eza) when a vehicle is being used for ambulance or national blood service purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service and the observance of the prohibition conveyed by the steady amber or the red signal in accordance with sub-paragraph (c) or (d) would be likely to hinder the use of that vehicle for the purpose for which it is being used, then those sub-paragraphs shall not apply to the vehicle, and the steady amber and the red signal shall each convey the information that the vehicle may proceed beyond the stop line if the driver—(i) accords precedence to any pedestrian who is on that part of the carriageway which lies within the limits of the crossing or on a central reservation which lies between two crossings which do not form part of a system of staggered crossings; and(ii) does not proceed in a manner or at a time likely to endanger any person or any vehicle approaching or waiting at the crossing, or to cause the driver of any such vehicle to change its speed or course in order to avoid an accident;”.18 (1) Regulation 13 (significance of vehicular light signals at Puffin crossings) is amended as follows.
(2) In paragraph (1)(f), omit “, ambulance, national blood service”.
(3) After paragraph (1)(f) insert—
“(fa) when a vehicle is being used for ambulance or national blood service purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service and the observance of the prohibition conveyed by the amber, red or red-with-amber signal in accordance with sub-paragraph (c), (d) or (e) would be likely to hinder the use of that vehicle for the purpose for which it is being used, then those sub-paragraphs shall not apply to the vehicle, and the red signal, red-with-amber and amber signals shall each convey the information that the vehicle may proceed beyond the stop line if the driver—(i) accords precedence to any pedestrian who is on that part of the carriageway which lies within the limits of the crossing or on a central reservation which lies between two crossings which do not form part of a system of staggered crossings; and(ii) does not proceed in a manner or at a time likely to endanger any person or any vehicle approaching or waiting at the crossing, or to cause the driver of any such vehicle to change its speed or course in order to avoid an accident;”.19 (1) Regulation 21 (stopping in controlled areas) is amended as follows.
(2) In paragraph (c), omit “, ambulance”.
(3) After paragraph (c) insert—
“(ca) when the vehicle is being used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service; or”. Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113)20 The Traffic Signs Regulations and General Directions 2002 are amended as follows.
21 In regulation 4 (interpretation), at the appropriate place insert—
““an NHS ambulance service” means—(a) an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services; (b) an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;(c) the Scottish Ambulance Service Board.”22 (1) Regulation 15 (keep right and kept left signs) is amended as follows.
(2) In paragraph (2)—
(a) omit “ambulance,”;(b) omit “, national blood service”.(3) After paragraph (2) insert—
“(2ZA) On an occasion where a vehicle is being used for ambulance or national blood service purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service and the observance of the requirement specified in paragraph (1) would be likely to hinder the use of that vehicle for one of those purposes then, instead of that requirement, the requirement conveyed by the sign in question shall be that the vehicle shall not proceed beyond that sign in such a manner or at such a time as to be likely to endanger any person.”
23 (1) Regulation 26 (double white lines) is amended as follows.
(2) In paragraph (5)(b), omit “ambulance,”.
(3) After paragraph (5)(b) insert—
“(bza) to a vehicle for the time being used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service;”.24 (1) Regulation 27 (zig zag lines) is amended as follows.
(2) In paragraph (3)(c), omit “ambulance,”.
(3) After paragraph (3)(c) insert—
“(ca) when the vehicle is being used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service;”.25 (1) Regulation 36 (light signals) is amended as follows.
(2) In paragraph (1)(b)—
(a) omit “ambulance,”;(b) omit “, national blood service”.(3) After paragraph (1)(b) insert—
“(bza) when a vehicle is being used for ambulance or national blood service purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service and the observance of the prohibition conveyed by the red signal in accordance with sub-paragraph (a) would be likely to hinder the use of that vehicle for the purpose for which it is being used, then sub-paragraph (a) shall not apply to the vehicle, and the red signal shall convey the prohibition that that vehicle shall not proceed beyond the stop line in a manner or at a time likely to endanger any person or to cause the driver of any vehicle proceeding in accordance with the indications of light signals operating in association with the signals displaying the red signal to change its speed or course in order to avoid an accident;”.26 (1) Schedule 19 (bus stop and bus stand clearways and box junctions) is amended as follows.
(2) In paragraph 4 (bus stop and bus stand clearways)—
(a) in paragraph (a), omit “ambulance,”;(b) after paragraph (a) insert—“(aza) a vehicle being used for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service;”. (3) In paragraph 9 (box junctions)—
(a) omit “ambulance,”;(b) omit “, national blood service”. (4) After paragraph 9 insert—
“10 When a vehicle is being used for ambulance or national blood service purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service and the observance of the prohibition in paragraph 7(1) or 8 would be likely to hinder the use of that vehicle for the purpose for which it is being used, then that prohibition shall not apply to the driver of the vehicle.”
Lord Davies of Oldham (Lab)
I have a question about this new schedule. As noble Lords, including Ministers, will recognise, it is a fairly lengthy addition to the Bill. I can see entirely the argument for the exemption of emergency vehicles carrying out an essential role, and why they need to be absolved from certain legal constraints in order to carry out their duties. However, I have the anxiety that the Government have provided for all bodies related to the National Health Service and vehicles driven on their behalf, in Wales and Scotland and so on—but what about other vehicles which are driven in emergency circumstances? If, for example, an accident occurs at a football ground and a St John Ambulance immediately springs into action, because one is always present, I have no doubt at all that it would seek the help of the nearest hospital. It could well have a vehicle and be able to expedite the matter more effectively. Would the driver be breaking the law if he or she exceeded the limits in seeking to get a trauma patient to hospital as rapidly as possible in a clear emergency, similar to those to which public vehicles respond?
Lord Gardiner of Kimble
My Lords, the amendments are designed to ensure that the definitions of “ambulance” and the way in which ambulances are used include the new vehicles that might well be used. I think that I will need to write to the noble Lord to make sure that all his points—I will look in Hansard at what he has said—are covered precisely.
I may have some assistance coming my way. These amendments relate, as at the top of Amendment 46, to emergency response by the NHS. They are to ensure that—because of case law, where there has been a particular problem with paramedic motorbikes—this is about an emergency response by the NHS. The noble Lord raises an interesting point, particularly about people going to emergencies. However, this legislation is to ensure that those who come out in response from the NHS are properly protected.
Lord Gardiner of Kimble
My Lords, I understand that in practice this relates to a call which would be from an NHS ambulance only. My officials have speedily passed me a note on this. One may ask why these amendments do not cover, for instance, all private organisations responding to emergencies. Our priority in this legislation is to allow NHS ambulance services to provide emergency responses. Those private organisations which have arrangements with NHS ambulance services to be dispatched by them to emergencies will be covered. Bringing other types of vehicle purposes within speed exemptions is part of a wider piece of work being carried out by the Department for Transport in relation to its commencement of Section 19 of the Road Safety Act 2006. I am most grateful to the noble Lord and my noble friend for their comments which have given me the opportunity to provide clarity—I hope—on the matter.
Lord Davies of Oldham
The noble Lord has certainly clarified the matter. I only hope that if vehicles are brought into use in this way they will act with due promptness, as did the Minister’s officials in providing an answer to a rather tricky question. I apologise for not giving notice of it. However, we wanted to clarify that regular support services which are not National Health services—St John’s Ambulance is the obvious one that springs to mind—would without doubt be covered by the legislation as the Minister described it.
Lord Davies of Oldham
My Lords, this is a long schedule. The Minister will be relieved to hear that we are in broad agreement with it. However, we have some difficulties because some real consequences need to be considered. Our Amendments 61A and 61B would improve the schedule by introducing further transparency into the process of issuing exemption orders. I am concerned about the extent of the Government’s powers to introduce accessibility standards for rail vehicles, established by the Disability Discrimination Act 1995. We, in fact, introduced the first set of rail vehicle accessibility regulations in 1998. In 2005, I and one or two other noble Lords who are present in the Room, contributed to updating that Act by making it unlawful to discriminate against disabled people using public transport or transport facilities. We introduced minimum accessibility standards for all new carriages and light rail, and placed a requirement on rail operators to develop a disabled persons protection policy.
We are obviously proud of our record in government, and are concerned that it should be continued in the amendments to the legislation that this Bill represents. All new stock must be compliant with the regulations, and all vehicles that fall under their scope will have to be compliant by 2020. However, we recognise that some heritage systems use vehicles that can never be compliant in these terms, and they deserve exemption. The Government’s proposals would remove the requirement for exemption orders to be made by statutory instrument, thereby reducing the time it takes to issue an exemption.
We appreciate the principle of reducing the time it takes to issue such an exemption, but we are concerned that the Secretary of State’s power to limit exemptions could be undermined. Our amendments seek to ensure that the Secretary of State retains full freedom to impose conditions on exemption orders, such as on length, rather than just issue blanket exemptions. The Department for Work and Pensions figures show that more than one in five people with a disability has experienced difficulty using transport and, on several occasions at Question Time, disabled Peers have indicated that they still face some transport difficulties, not least when the trains are longer than the platforms at some halts, and the train does not stop where the ramp is provided. In any case, fewer than one-fifth of rail stations have full step-free access via lifts or ramps.
The House of Commons Transport Committee suggested last year that the department involved disability organisations and charities in prioritising stations for improvements in a future “access for all” programme. Ministers dismissed the views of disabled people by saying that that those organisations’ involvement would add little value.
In the context of our amendment, as we live longer, increasing numbers of us will be living with some kind of disability. It is therefore essential to adapt the public transport system and ensure that it fits the needs of disabled people. Amendment 61B requires the Secretary of State to,
“produce a report detailing the nature”,
of any exemptions issued,
“including the conditions or restrictions made as part of that order”,
and to publicise it.
Currently there are no requirements to publish any details when exemptions are issued; only the statutory instrument itself is published. How will this shift from a statutory instrument to an administrative regime make the documents more accessible and the process more open for a wider range of UK citizens? I do not say that they will not be—I am not accusing the Government of causing a deterioration in the position—but I seek some reassurance from the Minister that this has been fully considered in this fairly lengthy amendment to the schedule.
Lord Gardiner of Kimble
My Lords, first, I thank the noble Lord for his broad agreement on Part 7. I agree that we are dealing with some lengthy paperwork. We have made much progress in making rail vehicles more accessible to disabled people since accessibility standards were introduced in 1998—and rightly so. More than 8,100 rail vehicles now meet modern accessibility requirements, and the law requires all rail vehicles to be accessible by 2020. However, it is occasionally not appropriate, or proportionate, for those access standards to apply fully, so the Secretary of State retains the right to exempt specified vehicles from all, or parts, of them.
Originally, all such exemptions were made by statutory instrument. However, in 2008, the domestic rail vehicle accessibility regime covering mainline trains was replaced by an EU regime, whereby exemptions are issued administratively. As a result of implementation of the EU regime for mainline trains, the number of vehicles which remained within the scope of the domestic regime was reduced to just over one-quarter of those originally covered. These are the vehicles which are still subject to the use of statutory instruments for exemptions. Such vehicles include trams, underground, metro, airport people movers and even brand new vehicles for use on heritage railways. That brings the domestic regime more in line with the European regime, which the majority of vehicles are subject to, and is more proportionate than the current situation whereby, if sought, exemptions for the hundreds of trains serving Gatwick, Stansted and Birmingham airport stations would be subject to an administrative process, while any for the 17 small vehicles shuttling passengers between terminals would remain subject to a process involving statutory instruments.
I highlight to the Committee the fact that the vast majority of responses from stakeholders to the Government’s public consultation were in favour of these proposals. In particular, the Disabled Persons Transport Advisory Committee, the Government’s statutory adviser on the transport needs of disabled people, was involved as the proposals were developed and is strongly in favour of these changes. In this respect I am also pleased to note that the Delegated Powers and Regulatory Reform Committee is now of the view that these proposals have merits and finds the arguments for consistency with the European regime compelling.
The practical effect of this measure will be to shorten the period between when an application is made and the outcome is given, so reducing uncertainty for the rail industry. It will also reduce the resources required within government to handle each application. I emphasise that it will not reduce in any way the strength of argument that any applicant will need to make to justify an exemption; no exemptions will be granted in future that would not have been granted under the existing arrangements. I also assure the Committee that we will continue to consult the Disabled Persons Transport Advisory Committee, and others as necessary, on the merits of each application. The final decision on whether to grant an exemption will remain with Ministers, and the Government will continue to report annually to Parliament on the use of the exemption powers over the last year. This will allow Parliament to call Ministers to account if they feel that the powers have been used excessively or inappropriately.
Given the overwhelming support from stakeholders that this proposal received, we believe that this reform makes sense. Proceeding with this proposal will mean that applicants for exemption receive a decision sooner, so reducing uncertainty for them, and will reduce administrative burdens on government, but without lessening protection for disabled passengers, or reducing transparency on the use of exemption powers. That is why we have concerns about the noble Lord’s first amendment.
Turning to the noble Lord’s second amendment, the Government recognise that members of the public and Parliament will wish to know that the Secretary of State has used his powers to grant exemptions from the rail vehicle accessibility regulations. That is important. However, this amendment is unnecessary as transparency is already provided through two new routes, both of which will continue. First, the Equality Act 2010 already requires the Secretary of State to make an annual report to Parliament on the use of exemption powers. The Secretary of State will continue to report annually to Parliament on those exemption powers. This will enable Parliament to call Ministers to account. Furthermore, the department already publishes on its website details of applications received for exemptions, the outcome of consultation on the merits of each application and the outcome, including the exemption order itself, if granted.
I assure the Committee that the Government’s intention is that openness must continue. Although I understand the position that the noble Lord has taken, it is for those reasons that we feel his amendments are not necessary.
Lord Gardiner of Kimble
My Lords, I am extremely grateful to my noble friend. His experience is invaluable and I will certainly discuss this with officials so that we can come to a mutually satisfactory conclusion.
Lord Davies of Oldham
As ever, the noble Lord, Lord Skelmersdale, is to be congratulated on his eagle eye. We shall see that the Minister gives a satisfactory reply. I listened carefully to the Minister and was grateful for his remarks, which were reassuring. The Delegated Powers and Regulatory Reform Committee’s acceptance of the position was enough for me, so I assure the Committee that when the time comes I will not move my amendment.
Lord Davies of Oldham
My Lords, those two powerful speeches have made the case that we wish to make from the Front Bench. We also hope to persuade my noble friend Lord Rooker than objecting to the clause itself is in fact a stronger position than his amendment. I hope the speeches have convinced a very significant number of Members of the Committee, perhaps even the Government, to think again, but they have also reduced the length of my speech because all the issues have been more than adequately covered.
I emphasise that the effect of the Government’s legislation would be to downgrade rights that are derived from a duty on the part of the Minister to a mere choice by him, which is the emphatic point that my noble friend Lord Prescott was making. There is an obvious flaw in the Government’s proposals. My noble friend has made his case already but I will show how much we on the Front Bench are concerned about this. It is not clear how the Secretary of State can be expected adequately to assess the existing evidence in order to suspect a miscarriage of justice without investigative help by the very accident investigation branch itself. As my noble friend Lord Prescott has indicated, there are very good reasons why the branch should be reluctant to participate in this. The work will now be undertaken by the branch only if the Secretary of State requests it because he already suspects a miscarriage of justice. That is a long shot in circumstances where he has no or very little evidence before him at that stage. In addition, reinvestigating might unearth difficult truths about the adequacy and focus of previous assessments by officials and the department when making the initial judgment. Any Minister should, of course, be able to process issues without fear or favour, but there is bound to be an inhibition when he is dependent on the department for certain facts.
The justification that Ministers have given for the change is entirely spurious. They have claimed that it is to safeguard the human rights of officers involved in accidents, whose careers could be undermined by an automatic investigation organised by the Minister. It might have that advantage, but it would block off new evidence to support future safety measures and which could tell families what really happened. We know, from the illustrations given today, two things from the “Derbyshire” inquiry. First, the families of those who were lost got to hear what had actually happened 20 years later, as opposed to the original depiction. Secondly, future safety measures were inaugurated by my noble friend in the department as a result of the evidence of why the ship had sunk.
I believe that the clause should be opposed and not stand part of the Bill.
Lord Gardiner of Kimble
My Lords, under the Merchant Shipping Act 1995, the Secretary of State is obliged to reopen a formal investigation either if new and important evidence that was not available at the time of the original investigation becomes known, or if there appear to be grounds to suspect a miscarriage of justice. For any other circumstances, the Secretary of State has a discretionary power to reopen an investigation. There is no time limitation on the current obligations to reopen a formal investigation. This is surely right and proper where there are grounds to suspect a miscarriage of justice, and the Bill most certainly does not seek to change this duty in any way. However, in other cases, the potential value of reopening a formal investigation in terms of enhancing safety for today’s mariners may—and I emphasise may—diminish with the passage of time after the loss of a ship.
The design of ships and their equipment, industry crewing and operating practices, continually change and develop. By the time that new and important evidence is found, these matters may be very different from those that applied at the time of an accident. That is not to say that one can draw a specific time limit on the usefulness of an inquiry. Each case is likely to be unique and should be considered on its own merits. This would be preferable to the current blanket imposition of a duty that may not always be beneficial for maritime safety, which is rightly our priority. Therefore, Clause 40 is drafted to enable the Secretary of State to take a considered view on the likely benefits of reopening a formal investigation in circumstances where new evidence comes to light. To be clear, a formal investigation, the subject of this clause, is very different from the safety investigations undertaken by the Marine Accident Investigation Branch. The noble Lords, Lord Rooker and Lord Prescott, mentioned that. The Marine Accident Investigation Branch’s sole objective is to determine the causes and circumstances of an accident to prevent a recurrence; it does not seek to apportion blame or liability. I re-emphasise that the clause does not affect these safety investigations, nor situations in which new and important evidence is found from accidents that have been subject only to a safety investigation. Of course, the Marine Accident Investigation Branch acts of its own decision.
In contrast, formal and reopened formal investigations are proceedings which, as well as probing the causes of an accident, can apportion liability and blame, censure ships’ officers, or cancel their certificates of competency. There have been four since 1997: a formal investigation into the loss of the “Marchioness”—the noble Lord, Lord Prescott, spoke very powerfully and with great experience of that tragedy—and reopened formal investigations into the “Derbyshire”, “Gaul” and “Trident”. The three reopened formal investigations all related to accidents that occurred prior to the establishment in 1989 of the Marine Accident Investigation Branch. With most accidents since then being subject to safety rather than formal investigations, increasingly any reopened formal investigation would relate to more historic accidents.
Deregulation Bill
Lord Davies of Oldham Excerpts(11 years, 7 months ago)
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Lord Davies of Oldham (Lab)
My Lords, I speak from the Back Benches because we have two excellent Front-Benchers who are concerned with the Bill. I find that my usual blissful state of either opening on legislation or winding up has now been reduced to a middle position in the debate, where everything I want to say has already been said and, if I make a mistake, there are enough people behind me to call me out. So it is with a degree of nervousness that I make a few short comments on the Bill.
We have serious reservations about the three main transport areas of the Bill. Those concerned with the regulation of taxis and minicabs, particularly the deregulation of minicabs, which my noble friend Lady Thornton identified a moment ago, raise serious risks for the public. We should recognise that people, particularly women, book minicabs for the security of the service being offered. That is being blown apart by the Bill. The cab firm could pass on the telephone call and engage another company. The person who has booked the cab will not have that surety, and it has the potential to let rogue drivers exploit the looseness in the Bill. There have been a few examples in recent years of dreadful things being carried out in cabs.
The Bill needs to be amended in that area. We should recognise that the black cab trade is worried about this situation. It is always worried about minicab competition and so it should be—minicab competition has the right to present a challenge—but we know that new technology, such as the Uber technology that is a source of great concern at present, is creating a situation whereby anybody can call a minicab at any time and minicabs will not suffer from the restrictions forced on them in the past. The black cab trade is central to safe, secure and proper transport in some of our cities, particularly London, and is admired all over the world, in all the world’s great cities. We should take threats to that seriously.
The second area we are concerned about is the banning of CCTV for parking enforcement. I have great sympathy with the Government in seeking to tackle a problem whereby the citizen receives a fine through the post, not having been aware that a charge has been laid, to which they have to make immediate return. We do not seem to have tackled this issue thoroughly or properly. On 10 June, the Government said that they had not reached a decision; on 17 June an amendment was made to the Bill in another place and was immediately translated into the Bill by a government majority.
There are real risks to road safety. There are risks at schools. There are risks in bus lanes, where drivers will chance it if they think they will not be surveyed. There are risks at bus stops. There are risks at yellow boxes on junctions. They are a good idea and have eased congestion, but a good idea is destroyed if one driver chances it and sits in that box and blocks the traffic. If the Government are open to persuasion that there should be exemptions to ending closed circuit TV prosecutions in these areas, those exemptions should be in the Bill and we will seek to achieve that.
The measure in the Bill on maritime accident investigation seems to us a miserable and mean little gesture on the part of the Government. The House will know that the most significant case in recent years involved the MV “Derbyshire”, which was lost in the South China Sea a few years ago with everybody on board—all 42 crew and two wives travelling—lost. There was always the suggestion, while nothing could be proved, that somebody had blundered and that the accident had occurred because seamanship was deficient. When the wreck was eventually identified, it became clear that the circumstances in which the vessel went down were nothing to do with error on the part of the crew or with their seamanship. The case was reopened thanks to great efforts by my noble friend Lord Prescott, who was Minister at the time and who had a long history with the seamen, and great pressure from the National Union of Seamen, which, together with international forces that came in to help, funded a great deal of the investigation. It is now suggested in the Bill that the Secretary of State should not be bothered to reopen such investigations except in specific circumstances.
Sea accidents are such that we should treat them with the greatest seriousness. We surely cannot have a Bill in which they are taken lightly. My noble friend Lord Rooker, in his excellent speech, identified this issue as one that did not add to the quality of the Bill. At least I have kept to time.
Extension of Franchise (House of Lords) Bill [HL]
Lord Davies of Oldham Excerpts(12 years, 7 months ago)
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Lord Dubs
Yes, my Lords, I was aware of it, but one has to arrive at a balance. Should I have said, “No, I am not prepared to accept the privilege of being here because I cannot vote in general elections”? My feeling is that it is better to get here and try to achieve the changes by using the arguments. I think that that applies to many of us. Even the noble Lord, I am sure, is not ecstatically happy about every aspect of our procedures here, but that did not stop him coming here and he is a very welcome Member of this House, even though I occasionally disagree with him.
Lord Davies of Oldham
How solicitous does my noble friend think returning officers and clerks in polling stations are about enforcing this position? Every time I have gone to vote in a local election that has coincided with a parliamentary vote, the returning officer has seemed oblivious to the fact and I have had to tell them, “Please don’t give me a vote for the parliamentary election because it is illegal”.
Lord Cormack
My Lords, I am speaking in the gap, with permission. My noble friend made a significant point: we in this House are indeed all Members of Parliament. We are Members of the second Chamber and we have our own particular role and responsibilities. If we are allowed to vote, should we be allowed to stand for election to another place? I do not believe that we should. While I have the greatest possible personal admiration for the noble Lord, Lord Dubs, and while I disagree profoundly with the noble Lord, Lord Wills, for whom of course I also have admiration, I agree with him on this point. This measure should not commend itself to your Lordships’ House. We are an undying House—the current situation is that we are here for life—so we are part of Parliament. Although the next general election will be the first in my adult lifetime that I have not voted in, or indeed voted for myself in, I will still accept the privilege, look with reluctance at those going to the polling booths and with little reluctance at those who are knocking at doors, and know full well that, God willing, I will come back at the beginning of the new Parliament.
I understand the motivation of the noble Lord, Lord Dubs. I also understand the frustration of the noble and learned Lord, Lord Brown, although I must say that I was moved by his touching faith that a team of lawyers could come to a speedy conclusion on anything, but I find myself in disagreement with someone else for whom I have great regard. The essence of debate is that one can disagree, and I disagree profoundly with this minor measure. I will certainly seek to move amendments at future stages if the Bill is given a Second Reading today.
Lord Davies of Oldham
My Lords, has the noble Lord taken on board the very strong argument that has been put before the House today that we are clearly not Members of Parliament pari passu with the other place? To take the most obvious point, at the next general election a great deal will revolve around the conduct and direction of the economy, the comprehensive spending review and the proposals that affect our citizens so grievously in this time of great austerity, and yet this House has no power to affect that position. We will have influence, perhaps, and will debate the issue to a limited extent, but power we do not have. Yet that is the most cardinal of election decisions on which the nation will vote. That inequality is why there is a strong argument that we should have the right to vote in general elections.
Lord Cormack
There might be, according to the noble Lord, but I just do not agree with him. I could argue that Members of Parliament in the other place also have very little power. We need a rebalancing of the powers within our parliamentary system so that we do not have an overweening Executive. To paraphrase Dunning’s Motion, “The power of the Executive has increased, is increasing and ought to be diminished”. We can play our part in that by the influence that we wield in this place. Influence can be tantamount to power when we have the sort of people that we have in this place, with their great knowledge of economic affairs. I rest my case.