Automated and Electric Vehicles Bill

Lord Lucas Excerpts

Report stage (Hansard): House of Lords
Tuesday 5th June 2018 Lords Chamber

[Lord Spicer]

My Lords, again, these amendments are important, particularly when the industry is new, when it can be not just inconvenient but disastrous to turn up at a point which was on the map but which does not exist. As the industry gets older and more points are automatically there, a sunset clause could be built into this amendment. However, at a time when there are hardly any points around at all, it is important that there should be such.

[Lord Lucas (Con)]

My Lords, retrofitting can be very expensive, particularly in concrete structures and if you have not provided for the proper electricity supply or at least the potential for it. We are letting ourselves in for large bills in the future, and small bills in the present, if we agree with the idea that we should insist on new builds providing for charging points.

[Baroness Sugg]

My Lords, I thank the noble Baronesses, Lady Randerson and Lady Worthington, for raising amendments for consideration around housing issues and future-proofing new homes and developments. I entirely agree that if we are to move to zero-emission vehicles, as we all wish to do, we need to make sure that we have the correct infrastructure in housing and non-residential developments.

On Amendment 18 and the removal of public charge points, I hope that I will be able to provide reassurance on this matter. Where charge points are installed on local highways or land owned by local authorities, obviously local authorities already have the ability to ensure the installation of charge points, or prohibit their removal in line with any contracts they have in place. Where charge points are installed with public-funded grants to local authorities, as all public-funded charge points currently are, local authorities will have contractual arrangements in place regarding the charge points.

On the issue of planning permission, where a charge point is installed as a condition of a grant of planning permission, which could be determined in accordance with a particular policy in a statutory plan, whether it can be removed will depend on the specific conditions of the grant of planning permission as set out by the local authority itself. The developer would therefore have to apply to the local planning authority to have that condition lifted if it wanted to remove the charge point. The planning authority has the opportunity to consider the merits of agreeing to lift the condition, but we expect that it would not, and it would be difficult for these charge points to be removed.

On Amendment 19 and the issue of charging infrastructure rights and wayleave agreements, I said in Committee that I would discuss this further with other relevant departments, which I have done. Wayleave agreements are sometimes required for rapid charge point installations if cables need to be laid across third-party land for a new connection to the grid or to upgrade the grid. Currently, the wayleave agreement is voluntary for the third party who own the land and they do not have an obligation to accept the wayleave.

As I mentioned in Committee, in cases where an agreement for a wayleave cannot be reached between the installer of electricity equipment and the landowner, we have powers under the Electricity Act 1989 which give the installer statutory powers upon which it can call if no alternative solution can be found, such as another route for the cable. This means that a statutory application can be lodged with the Secretary of State for Business, Energy and Industrial Strategy to award the installer a necessary wayleave as long as it can prove why it is necessary and expedient. This process also allows the landowner to show how the granting of a wayleave will impact on their use and enjoyment of the land. This is a different situation from that of telecom lines, which, as the noble Baroness said, following the Digital Economy Act 2017 are now considered to be critical national infrastructure. There was widespread evidence of problems there which did not have the same resolution mechanism.

Therefore, although I appreciate the noble Baroness’s intentions, as she acknowledges, there is little evidence at the moment that the existing statutory powers are insufficient. Since Committee, we have discussed this issue with the trade body for the distribution network operators, the Energy Networks Association, which is of the view that the existing legislation is well established and effective, especially given the resolution mechanism.

We continue to have concerns that the amendment does not allow for the private rights of the owner of any third-party land to be taken into account or for any potential environmental effects to be considered. Because private land access rights are involved, we want to seek more evidence and consult a wide range of stakeholders before taking that any further.

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[Lord Campbell-Savours (Lab)]

My Lords, I wanted to concentrate my remarks on the final group of amendments, but I will intervene briefly on this one. We should be told—perhaps I could have the Minister’s attention—who is actually objecting. We have just been told that local authorities may have concerns, but are private companies, petrol companies or garages objecting? In this particular area, somewhere along the line, there is a blockage. Can we be told whom officials are meeting? What is being said at these meetings? What is blocking this change? Clearly, there is a lot of support across the House for the amendment moved by the noble Baroness.

[Lord Lucas]

My Lords, Clause 10 seems a crucial part of the Bill. We absolutely need a widely available, dense network of charging points if we are to get people to move to electric vehicles. If the Government want to discourage diesel vehicles, making diesel available only at motorway service stations would be a pretty good way of doing it. It is clear that what is in the Bill at the moment is vastly inadequate. For large parts of the country, motorways are irrelevant. I include my home town of Eastbourne in that; I do not think that I use the motorway from one end of the year to another. By and large, petrol retailers are small and specialised.

As the noble Baroness, Lady Randerson, pointed out, these charging points are not in the petrol station parts of motorway service stations. They are in the parking bits associated with all the things you can do for 30 minutes while you wait for your car to re-charge. You do not want to sit next to a petrol pump for 30 minutes. You want to be doing something—at a sports club or a nail bar, or whatever it is that you are going to fill the time with. It is at these big car parks, which are associated with something you can do for 30 minutes, that we ought to insist on charge points. We should insist not because it is in some way disadvantageous to these places to put them in but because, as my noble friend Lord Deben pointed out, some people are being remarkably slow—probably because there are not many electric vehicles around at the moment—to see the advantage of being at the front of the wave in putting in charging points. It is at these big car parks around the country—there are some of them near all of us—that we have to insist on charging points. That is what will make the difference to the take-up of electric vehicles.

[Lord Tunnicliffe]

My Lords, Clause 10 involves the classic dilemma of taking rights over private property for the greater good. I commend the fact that the clause is there, but whenever such rights are debated, you debate both breadth and reasonableness. I will listen to the response of the noble Baroness, Lady Worthington, on that breadth with interest, because I think there is a case for an incremental improvement in the breadth and power of this clause.

My three amendments are about the other side of the coin: that the regulations should be reasonable. Amendment 27 seeks assurances on the whole matter of how the regulations shall be reasonably applied. Amendment 42 is about notice. We need to be assured that private owners will not be immediately required to do things and that there is appropriate and adequate notice. Amendment 43 relates to the consultation process being appropriate.

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[Lord Lucas]

My Lords, before my noble friend sits down, I am sure he will agree that the House has expressed widespread disquiet over the narrowness of this clause. Will the Government commit to continuing conversations between now and Third Reading?

[Lord Young of Cookham]

I am possibly more aware than anyone else in the Chamber of the strength of feeling that we have had during debate on this issue. I understand where my noble friend is coming from but I would be misleading him if I said that I could give the commitment he asks for.

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[Baroness Randerson]

I shall speak to Amendment 33, which seeks to amend government Amendment 29. This would allow the Secretary of State the power to extend the provisions in Amendment 29 to other local transport authorities as well as to metro mayors. This is where I differ from the general view that has been expressed so far, and have differed from it in our past debates, because in our view it is unfair that this power should apply only to areas with metro mayors. Perhaps that is because I come from Wales, where it is the policy of the Government not to have metro mayors so, however large the city, you have no metro mayors.

However, I can think of other areas that might want to take a lead in encouraging modern transport—for example, Cornwall, which was granted special powers on bus franchising but clearly does not have a metro mayor. I remember reading recently that a list of the most congested towns in Britain was topped by Bournemouth, which has no metro mayor. Those are all areas that would quite likely wish to encourage the use of electric cars and ultra-low-emission vehicles which in some areas suffer from considerable congestion. As we all know, congestion means increased emissions, and that is why they would have a legitimate reason to want extra powers along the lines that the metro mayors are being allowed.

The new amendment was picked up by the DPRRC in its 28th report, to which I draw the attention of the House. In its previous report, the DPPRC highlighted the fact that the power to make regulations under Section 10 should be made by affirmative procedure, and it was not convinced by the idea that only the first set of regulations should be affirmative. In its 28th report, it argued that the new clause further undermines the Government’s argument. It states:

“Allowing mayors to request different regimes for their own areas, in our view, must imply that provision which will be made in such area specific regulations will be significantly different from that made in relation to the UK generally. Accordingly, we consider that the affirmative procedure should apply to all exercises of the power where regulations under clause 10 are made in response to a request under the new clause”.


We are asking for the Secretary of State to have additional powers to devolve powers, no matter what local government structure is in place because, as others have said, in urban areas, there is a strong need to encourage the use of ultra-low-emission vehicles.

[Lord Lucas]

My Lords, I support the amendment of the noble Baroness, Lady Randerson, and others in this group. Local transport authorities ought to be able to deal with particular problems that arise.

We have a problem in Eastbourne, surprisingly enough, with high levels of particulates—seemingly related to the geography of the place. The local authority therefore wishes that we should be able to reduce them. We do not have a motorway. My noble friend Lord Young said that service centres had not yet been defined. I should be interested to know how the Government are thinking of defining service centres. In Eastbourne and, I should think, most metropolitan areas, we have a petrol station as part of a large, shared area where there is a lot of parking and a lot of other retail. Will this be defined as a service centre? It is as close as we get to a service centre. That would enable the benefits of Clause 10 to extend to an area such as ours and, if the amendment of the noble Baroness, Lady Randerson, is accepted, we might even get the full benefits of Clause 10. As that is clearly a direction in which our community wishes to move, I would very much like the Bill to give it the power to do so.

[Lord Tope (LD)]

My Lords, I need to begin by declaring an interest that I did not have in Committee, because I think that this morning I was elected co-president of London Councils. No one has confirmed that yet and, as a Liberal Democrat, I know only too well not to take things for granted but, just in case I was successful in an unopposed election, I declare an interest as co-president of London Councils.

When we debated this in Committee, there was considerable concern about the apparent slow progress of London boroughs in acting on rapid charging units. It is therefore only fair that I put on record a response, although I do not want to dwell on it. I am told:

“The TfL transformation has impacted heavily on their ability to engage efficiently and consistently with the London boroughs and other stakeholders. We have been told by a number of boroughs that they had identified and submitted numerous locations for rapid charging points to TfL, only for the engagement to end, in some cases for months, with little or no information provided to the borough on whether the plans are progressing. In many cases local authorities have done all that is necessary and are waiting for TfL to complete the installation”.


I thought it was fair to put that on record, but I really do not want to get into the blame game—none of us do; we want rapid progress to rapid charging points. To that end, now that the London borough elections are out of the way as well, I am pleased to know that discussions have taken place and continue to take place between the GLA, TfL and London Councils. I think that I mentioned in Committee that London Councils had already established a sub-group of members to deal rapidly with these issues, and I am pleased to say that that is now progressing. As a consequence, I understand, TfL has said that it will not pursue its wish for permitted development rights—and that is welcome to the boroughs and to me, having had some considerable experience as a member of the GLA and as a London borough councillor. So far, all that is good.

I turn to Amendment 29. I seek clarification; I think that I understood the Minister in moving the amendment to say that the government intention was that it would apply only to large fuel retailers and service area operators—and the Minister nods in agreement with that statement. That is not what the amendment actually says. It could certainly be interpreted—and indeed I think that it says this—as relating to all roads in the key route network. Anyone reading the Bill would take that as applying to all roads in the key route network—and, indeed, the other amendments apply it to all other roads. I understand that the Government intend to come back with a further amendment on that.

I think that the Minister has clarified this issue in moving the amendment and in nodding in assent to my interpretation of it. However, if the Government are bringing back further amendments in respect of what is before us—Amendments 30A, 31 and 33A—would it not be better also to take back Amendment 29 and rewrite it clarifying what the Government want it to mean: that it applies specifically to those two areas, to area operators and large fuel retailers, rather than to all roads on the route network? That seems to me a very sensible thing to do, given that we are going to come back to the issue anyway at Third Reading next week.

Those are my points. I went through in Committee at some stage as to why it is not a good idea to give metro mayors the power over things which, certainly in London’s case, are properly the matter for the borough councils as both parking authorities and highway authorities. I do not need to repeat that; I could give many instances of how that has not worked and does not work—but I hope that we are not going to go down that route and that TfL is not going to pursue that route, as I hope is nobody else. When we come back to Third Reading, I hope that the Government will bring before us amendments that make the situation absolutely clear, and we can progress to actually getting on and installing rapid charging points.

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[Lord Campbell-Savours]

My Lords, Clause 12(1) states:

“Regulations may make provision for the purpose of ensuring the ongoing transmission of charge point data to a prescribed person or to persons of a prescribed description”.


Amendment 41 would insert the following:

“Regulations under subsection (1) may not impose requirements on owners or occupiers of domestic premises”.


There is a big hole in the Bill. I want to know where the Government will raise their revenue from when fuel duty is reduced. At the moment we raise £28 billion per annum. Over a period of years, as the use of electric vehicles increases, there will be a revenue loss. At the moment, the duty on petrol is nearly 60p a litre, on LPG it is nearly 32p, on natural gas it is 25p, and on diesel it is roughly the same as petrol.

The Society of Motor Manufacturers and Traders has expressed concern about this. Its view is that revenue will come through road pricing, which I think some people call “spy in the sky”. This whole question of road pricing has always worried me. However, there are other forms of raising the revenue. There is road fund licensing, which would be very expensive if it is substituting fuel duty, or a tax on the meter in the home. In the end, that is where they will have to raise the tax. However, I think that it would be based on the recorded usage on the meter at the residence. If it is based on tax according to the meter at the home, there will have to be two meters in every home—one for the domestic use of electricity and one for the raising of revenue to substitute for the loss of fuel duty—which means that there will be two separate rates. We are entitled to know the Government’s thinking on this. How do they intend to raise revenue in future to substitute for fuel duty losses? In the time that I have spoken, I am sure that the civil servants in the Box have provided the Minister with an answer to my question.

[Lord Lucas]

Is there some rule of law that implies at the end of Amendment 41 the words “in respect of those premises”? If there is, I would like to know what it is. If there is not, then all that a vast operator of charge points has to do is to buy one house. It will then be the owners of domestic premises and this clause will no longer apply to it.

[Lord Young of Cookham]

I think that it would apply to it as an operator, although of course it would not apply to it as an owner of residential property. We have made it absolutely clear that it is the charge operator and not the consumer who has to supply the data. That is the thrust of these amendments. Perhaps I may reflect on what my noble friend has said and write to him, but we do not see this as a loophole whereby a charge operator can escape its obligation to notify the national grid or whoever of the volume of consumption at a particular charge point.

I commend the noble Lord, Lord Campbell-Savours, for his ingenuity in seeking to broaden a rather narrow debate about data from a charge point into one about the future taxation policy as the nation moves from petrol-consuming vehicles to electricity. I am sure that there are brains in the Treasury who are aware of the potential threat to their revenue, but it is essentially a matter for the Treasury and not for this Bill. The Bill is not about taxation. The policy scoping notes and the Explanatory Notes make it clear that it is not intended to use this clause for taxation purposes in any way. The noble Lord raises important issues but, with respect, they do not arise from this narrow group of amendments.

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[Lord Brooke of Alverthorpe]

My Lords, having been critical, I now extend a word of gratitude. In particular, I welcome subsection (1)(b) of the proposed new clause in the amendment to which the Minister drew attention, because that will definitely be needed in the future. It is a very helpful amendment indeed.

[Lord Lucas]

My Lords, I too am grateful to the Government for the amendment. I particularly congratulate them on subsection (2) of the proposed new clause which, for those who do not have the amendments with them, states:

“Each report must be laid before Parliament after the end of the reporting period to which it relates”.


A Government who could lay the report before the end of the reporting period would be some Government. This provision has no timescale, which could allow the report to be laid before Parliament 45 years after the end of the reporting period to which it relates. That is quite a commitment and again I congratulate the Government on their drafting.

[Lord Tunnicliffe]

My Lords, I believe that we asked for this provision in Committee, and if we did not, we meant to do so. Either way, we thank the Minister.