M56 Motorway (Junctions 6 to 7) (Variable Speed Limits) Regulations 2022

Lord Tunnicliffe Excerpts

Monday 11th July 2022 Lords Chamber

[Baroness Foster of Oxton (Con)]

My Lords, the noble Baroness raises some serious and good points. However, I gently remind noble Lords of how these smart motorways came to pass. I recall that, in my time in the European Parliament as the transport spokesman—obviously covering road, rail, aviation and maritime—the huge push for smart motorways came from the regulations and directives in the European Parliament some years ago. This was not just about the UK. We found that many member states were having problems with capacity due to the growth in traffic, and it was about trying to look at a way that we did not have to build motorways in different parts of the country but just expand the ones that we had.

I fully acknowledge that there have clearly been some awful accidents due to the fact that there was no hard shoulder. When motorways were built in the first place, it was known that there could be a risk of accident—obviously, there is always the risk of accident—and it was paramount that there needed to be a safe space to go. I also understand that in some cases where there have been accidents, it has been very much a technological failure because the notification above the lane that it was closed, or the X, was not showing. People have then got confused, and of course some of the results of that have been appalling. There are also appalling accidents even for the miles of motorways where we have hard shoulders, which is why we have tried to make sure that people are alert if they pull in and why we now tell people to get out of their cars, notwithstanding the size of the lorries that sometimes have to pull in.

Can my noble friend say whether the Government are looking at how, for example, the technology can work, notwithstanding that we have spent millions expanding these motorways? I use the M6 with great frequency when I drive down here, and the M56 too, which the noble Baroness mentioned, and we have miles of full lanes where we are doing 60 miles an hour. We have had years of this expansion—obviously not of infrastructure—for all the right reasons on the motorways, to get the capacity, and we have been under terrible restrictions with roadworks; it is now even more infuriating that we have four lanes but are still all crawling along half of the time.

Notwithstanding the issue of technology, which clearly needs to be seen to be working and to work properly so that people and organisations have confidence, I look forward to the response from my noble friend. We need to move this on. As the noble Baroness opposite said, there is clearly a need for more laybys to access. This will take some time, because more roadworks will have to be started, but it is imperative that those can be put in place as quickly as possible.

[Lord Tunnicliffe (Lab)]

My Lords, the Government’s failed rollout of smart motorways costs lives, which is exactly why Members of this House have long warned of serious flaws. It is a tragedy that lives were lost before action was taken, and it is thanks only to the dedication of bereaved families that the rollout was paused at all. It is therefore beyond belief that the Government are still pressing ahead with new introductions.

Even in their current form, smart motorways, coupled with inadequate safety systems, are not fit for purpose, and clearly no adequate explanation has yet been offered for their further introduction. Unfortunately, the reality of this new scheme is even worse. The emergency areas in this new scheme have average spacings of 2.5 kilometres, which is much greater than the recommended separation of 1.5 kilometres. Before pressing ahead, the Minister needs to offer proper reassurances on the monitoring of CCTV, further reviews of the evidence and improved distances between refuge areas, at the very least.

Besides the well-noted safety concerns, there are also serious issues with the scrutiny afforded to these changes, not least the fact that the Explanatory Memorandum does not address any of these obvious issues. I hope that the Minister can provide such assurances today and address the points made in the noble Baroness’s Motion.

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, I am grateful to all noble Lords who have spoken in today’s debate. I am also fairly grateful to still be here; I have enjoyed being the Roads Minister for the past three years, and I know a fair amount about smart motorways, so I shall try to answer as many questions as have been raised, but of course I will happily write with more detail because I suspect that I will not be able to get through everything.

This is an opportunity to remind noble Lords of the commitments we have made in our response to the Transport Select Committee report. Noble Lords will recall that the second anniversary progress report was published earlier this year, in March 2022, and set out the progress we are making on the action plan we set out in 2020 on smart motorways. That was when issues about their safety first came to the fore and were picked up by the media. The Secretary of State and I did an awful lot of work on that to ensure that smart motorways are not only as safe as they possibly can be but feel as safe as they possibly can.

They are the type of road that gets the greatest amount of scrutiny in our country. I also note that this country has very safe roads relative to pretty much any other country in the world. Interestingly enough, smart motorways are the safest roads we have in the country with regard to the killed and seriously injured figures.

We are talking about roads that are already very safe—compare them to the average rural road and you will see that they are far safer, as we must always recognise. However, the Government remain determined to continue to make people safe, and feel safe, on these roads. That is why we agreed to the Transport Committee’s report and all the recommendations therein. This included an agreement to pause the rollout of all future all-lane running motorway schemes until five years’ worth of safety and economic data are available for those schemes that opened before 2020. In our response, we also clarified that we would continue with those roads that were more than 50% complete.

Why, many years ago now, did we start the smart motorways scheme programme? We need greater capacity on our roads, as was noted by my noble friend Lady Foster, and smart motorways offer a way to get that. We get improved reliability, reduced journey times and smoother traffic flows, which is key for safety. Much of this does not appear in the safety stats for these roads, but we also shift traffic from less-safe roads, because capacity on the road increases, so some people using less-safe roads will necessarily move to these roads. They require much less land take, so they have a lower environmental impact, including on biodiversity. They cost 50% to 60% of the amount that would be spent on a traditional widening scheme—significantly less of a call on the taxpayer—and they can be done more quickly.

The M56 is no different. It was included in the June 2013 spending review, which seems like a very long time ago, and it was confirmed in the first road investment strategy in 2015. The main construction works on the scheme began in November 2020 and, as noble Lords have pointed out, it is due to open later this year. It is well over 80% complete.

The M56 scheme is four miles long and has four emergency areas. Here we get to the problem that we had in the Explanatory Memorandum, and I can only apologise that the wording in the Explanatory Memorandum is incorrect. The spacing of 2.5 km, or 1.6 miles, refers to the maximum spacing between places to stop in an emergency. That was the design standard when this scheme was designed. In reality, there is an emergency area every 1.7 km, or 1.07 miles, on average, on this stretch. It was built and designed to the design standard in place at the time, which I think all noble Lords would expect, and actually has emergency area spacing of far less. We may well go on to include further emergency areas on the M56, but this will be considered as part of the emergency area retrofit programme, which will be available later this year.

As with all smart motorway schemes opening now, this scheme will open with stopped vehicle detection. This is radar-based technology, further elements of which I shall come to later. Essentially, it looks at the road and sees where vehicles have stopped and then provides an alert to the regional operating centre, and various things then happen as a result of that.

Let us think about the smart motorway safety data. It is important to bear in mind that the latest data we have available is for 2020, so the data available is from before any of the interventions that the Government set out in the smart motorway action plan, back in 2020, were put in place or had any impact. This data is from before the Government intervened, as we have now committed.

A conventional motorway has 1.45 killed and seriously injured per 100 million vehicle miles. I encourage noble Lords to keep that in their heads. An all-lane running motorway has 1.38, so 0.07 fewer. It is safer when it comes to killed and seriously injured. That is before the widescale rollout of stopped vehicle technology, before the commitment to retrofit emergency areas, before the signage improvements we have committed to and put in place, before the recent communications campaign which told everybody to go left, before the upgrade to the HADECS cameras for Red X enforcement, and before all of the 18 measures which the Government said they would do in 2020. I am fairly convinced that those 18 measures will improve safety further.

On the basis of the 2020 data, an all-lane running motorway is already safer than a conventional motorway when it comes to killed and seriously injured. For all these people who say, “Put back the hard shoulder; let’s go back to conventional”, I do not know on what evidence that would be remotely the right thing to do. If the evidence changes, of course we should look at it again, but I cannot see at this moment—and after how much scrutiny?—that the evidence exists to even contemplate ripping out these motorways, removing capacity, putting some of those people on less-safe roads and, for the people who stay on the motorway, making them slightly less safe. I cannot see it myself.

[Lord Tunnicliffe (Lab)]

Can the Minister explain why all this evidence was not contained in the Explanatory Memorandum, which she personally approved?

[Baroness Vere of Norbiton]

I will happily explain that. All the evidence I just outlined was in the progress report—as I said, there was an enormous amount of scrutiny. If I had my time again, would I have put all that evidence in the Explanatory Memorandum? No, because Explanatory Memorandums cannot possibly include every bit of evidence on which the Government have made a policy decision. This M56 variable speed limit SI is very standard—I cannot even begin to tell your Lordships how many we have done. However, I wish I had included a paragraph with links to all the different reports we have already done into smart motorways. There is a balance between providing sufficient information and links and ending up with an Explanatory Memorandum that becomes unwieldy. We could provide those links though.

[Lord Tunnicliffe (Lab)]

My recollection, though I may have got it wrong, is that the standard for Explanatory Memorandums requires them to be easily understood by a person with no previous knowledge. The arguments that she has revealed to us, which may or may not be persuasive, are not available to people with no previous knowledge.

[Baroness Vere of Norbiton]

That is exactly why, as I set out, we will update the Explanatory Memorandum. Am I going to regurgitate everything in the progress report, the response to the Transport Select Committee, the progress report from last year, and the original 2020 action plan and stocktake? No, because it would become a document of several hundred pages. We must be selective, but I think we can include links to other reports to explain it to people.

However, let us be absolutely clear that all this SI does is allow a variable mandatory speed limit to be put in place. Will that have any impact on road safety for that stretch? No, it will not. In allowing a mandatory speed limit to come in, it will probably make it safer. If the Government are then required to do an entire Explanatory Memorandum about the much broader policy, we will end up with some very lengthy Explanatory Memorandums.

[Lord Tunnicliffe (Lab)]

The Minister has illustrated that it can be done in a reasonably concise way. She just went through all the arguments—I cannot say that I am convinced because I cannot see them all together on a piece of paper—but the length of her speech is not that long compared with the paucity of information in the Explanatory Memorandum.