Haulage Permits and Trailer Registration Bill [HL]

Lord Tunnicliffe Excerpts

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.

[Baroness Sugg]

My Lords, I thank all noble Lords for participating in this short debate and for their support for the amendments. As ever, the scrutiny and analysis of noble Lords has improved the Bill—in particular, on the important issue of trailer safety. The points raised by the noble Baroness, Lady Randerson, will be covered by the report, and we will work closely with the devolved Administrations. On the point made by the noble Lord, Lord Berkeley, Amendments 5 and 6 relate only to the trailer safety report; the rest of the Bill applies to Northern Ireland.

Throughout the passage of the Bill, the Government have been clear that our priority is to maintain and develop liberalised access for commercial haulage as part of our future relationship with the EU. It is in no one’s interest to put up barriers to trade, and we will seek to agree a reciprocal deal that allows hauliers to continue to travel freely between the UK and Europe. I agree with the view of the noble Baroness, Lady Randerson, on limited permits. We are confident that we will secure a liberalised approach and avoid the need for any new documents or processes—or, at a minimum, that all hauliers who seek a permit can get one. However, as a responsible Government, we are preparing for all outcomes through the Bill.

Road Maintenance

Lord Tunnicliffe Excerpts

Tuesday 19th June 2018 Lords Chamber

[Baroness Sugg]

I certainly agree with the noble Lord on that. We have introduced the lane rental scheme, which has encouraged utilities to work together at weekends and in the evening to reduce congestion and the inevitable annoyance to motorists. We saw disruption to drivers cut by half in Kent and London, where we ran a pilot, and we are looking to extend that across the country. On licences and permits, we absolutely encourage local authorities to use permit schemes for works on the roads, which will help with planning. They will also ensure that utilities work together. Around 65% of local authorities use permit schemes now, and we encourage others to join.

[Lord Tunnicliffe (Lab)]

My Lords, will the Minister tell us whether Her Majesty’s Government believe in value for money? If the answer is yes, will she explain how patch and mend delivers value for money on a whole-life basis? If the answer is no, does she accept that Her Majesty’s Government are storing up a massive bill as roads self-destruct under the present policy?

[Baroness Sugg]

My Lords, I can certainly confirm that this Government believe in value for money. We are spending a record £23 billion on the enhancement, renewal and maintenance of our roads up and down the country, and will continue to invest in that to provide better journeys for motorists and to cut congestion. We have seen improvements and that our investment is making a difference. A, B and C roads combined have seen a gradual improvement, with fewer roads being considered for maintenance.

Automated and Electric Vehicles Bill

Lord Tunnicliffe Excerpts

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.

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[Lord Tunnicliffe]

Before the Minister sits down—because it seems to me that I have to use that ridiculous device—I reciprocate the thanks to the noble Baroness, her co-pilot the noble Lord, Lord Young, and the team. They have set a very high standard of involvement with the Opposition and the political parties and, I believe, with individuals. It is a standard which I hope the Government will copy in all areas. We have made great improvements to the Bill, and I do not think there has been a Division on anything. We are there, and I thank the Minister for that. I also thank my massive team of one-fifth of a person, Molly Critchley, for all her support.

[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.

Heathrow Airport

Lord Tunnicliffe Excerpts

Thursday 7th June 2018 Lords Chamber

[Lord Tunnicliffe (Lab)]

My Lords, I thank the Minister for repeating that Answer as a Statement, but it is, in my view, not realistic. Having looked at Tuesday’s Statement, liabilities about cancellation were not covered but there was certainly a commitment to surface access, with extensions to the Piccadilly line, improved connections to Crossrail et cetera. Without these surface transport improvements, the air-quality commitments will be unachievable, and they have to be met. The statement of principles document has allowed Heathrow Airport Ltd to set out what it will not pay for. On surface access, it has essentially said that it will pay for the roads that have to be moved and no more. If HAL is not going to pay, what are Her Majesty’s Government going to do, given the commitments they have made on surface access? In reality, the Government are committing themselves to billions of expenditure. I have extended the odd Tube line, and it is very expensive.

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[Baroness Sugg]

My Lords, there is a huge amount of pent-up demand at Heathrow and I imagine that those flights will be some of the first coming in when the new runway is built, which Heathrow expects to be in around 2026. I have spent much time in many regional airports and they have all been welcoming of the expansion of Heathrow, particularly on the domestic connectivity point where we expect to see up to 15% of slots reserved for domestic flights.

[Lord Tunnicliffe]

My Lords, if the Minister will forgive me for extending my question, she ran through a number of schemes which she said were committed. Who is committed to paying for these claims and under what sort of process are they committed?

[Baroness Sugg]

The schemes which I mentioned—those that are already in progress on HS2, Crossrail and the Piccadilly extension line—are already committed and agreed on. The other two to which I referred for southern rail and western rail are still in development.

[Lord Tunnicliffe]

But who is paying for the committed schemes?

[Baroness Sugg]

Those schemes have already been currently funded, and I will have to write to the noble Lord with exact details.

Airports National Policy Statement

Lord Tunnicliffe Excerpts

Wednesday 6th June 2018 Lords Chamber

[Lord Tunnicliffe (Lab)]

My Lords, I thank the Minister for repeating the Statement and for providing the extensive documentation that went with it. Labour’s position on Heathrow was set out by my honourable friend Andy McDonald MP in the other place yesterday:

“Labour will consider proposed expansion through the framework of our well-established four tests: expansion should happen only if it can effectively deliver on the capacity demands; if noise and air quality issues are fully addressed; if the UK’s climate change obligations are met in their entirety; and if growth across the country is supported”.—[Official Report, Commons, 5/6/18; col. 172.]


Labour’s decision will emerge in due course.

The Statement says:

“To ensure fairness and transparency we appointed an independent consultation adviser, the former Court of Appeal judge, Sir Jeremy Sullivan”.—[Official Report, Commons, 5/6/18; col. 169.]


I invite the Minister to set out in a little more depth what the role of that individual was and whether it will continue into the future.

I turn to the Government’s response to the Transport Committee’s report. Recommendation 2 of that report says:

“We recommend that both Houses of Parliament allow the planning process to move to the next stage by approving the Airports National Policy Statement, provided the concerns we have identified later in our Report are addressed by the Government in the final NPS it lays before Parliament”.


Does that mean that we will have a debate in this House on a divisible Motion?

Turning back to the Statement, it says:

“Our draft NPS was scrutinised by the Transport Committee, and I thank the Chair of the Committee and her team for the thoroughness of their work. I was pleased that they, like me and my colleagues in the Government, accepted the case for expansion and concluded that we are right to pursue development through an additional runway at Heathrow. We welcome and have acted on 24 out of 25 of its recommendations. Our response to the Committee is also being published today”.—[Official Report, Commons, 5/6/18; col. 169.]


For the avoidance of doubt, I will tell your Lordships that the 25th recommendation was recommendation 22, which was about an incinerator. Does “acted upon” mean “We have agreed with the recommendation”? Clearly, it does not. The committee’s recommendation 19 is that there should be a seven-hour noise ban at night and the Government have responded by saying, “No, you will get only six and a half”. I have done my best to try to understand the response to the committee, which is vague and, at times, woolly.

On capacity, the Statement says:

“Expansion at Heathrow will bring real benefits across the country including a boost of up to £74 billion to passengers and the wider economy, providing better connections to growing world markets, and increasing flights to more long haul destinations”.—[Official Report, Commons, 5/6/18; col. 169.]


That makes it sound like thousands. In fact, the committee’s report says:

“The NPS states that the NWR scheme is ‘expected to lead to more long-haul flights and connections to fast-growing economies’. The DfT’s forecasts show that, at the UK level, the NWR scheme will offer one more destination overall to emerging and fast-growing economies when compared with no expansion”.


One seems a rather modest number.

The Statement touches on savings. It says:

“We took a firm step when I asked the industry regulator, the Civil Aviation Authority, to ensure the scheme remains affordable while meeting the needs of current and future passengers. This process has already borne fruit, with the identification of potential savings of up to £2.5 billion”.—[Official Report, Commons, 5/6/18; col. 170.]


Is this saving coming from the mooted scheme, which I believe Heathrow is consulting on, to reduce the length of the third runway from 3.5 kilometres to 3.2 kilometres? If it does, will there be any significant operational impact of that reduction? When, many years ago, I was privileged to be a co-pilot on 747s, 2,500 metres seemed enough, and certainly many of the operations presently at Heathrow require nothing like 3,500 metres. Given how expensive the M25 issue is to this scheme, are further reductions to the runway length being considered?

We increasingly appreciate the importance of air quality, as well as its fatal consequences. What is the commitment on air quality? There is a commitment in the Statement but there was another in the Government’s response to the Transport Committee, which said very solidly:

“No scheme would be allowed to proceed if it did not comply with air quality obligations”.


Can the Minister flesh out what those air quality obligations are?

On noise, once again the Statement is fairly bullish. It says:

“Communities will be supported by up to £2.6 billion towards compensation, noise insulation and improvements to public amenities—10 times bigger than under the 2009 third runway proposal”.—[Official Report, Commons, 5/6/18; col. 170.]


That may be, but Heathrow Airport Holdings Ltd has recently proposed a cap of £3,000 on any insulation project. Anybody who has their house insulated against noise knows that that is a trivial sum. Can the Minister confirm that there will be no cap and that Heathrow will pay what it takes to achieve the appropriate levels of noise insulation?

It is a shame to see that the references to the community came right at the end of the document. It is the community that will be very impacted by this scheme. Towards the end of the Statement the Secretary of State said:

“Earlier this year a community engagement board was established, and we appointed Rachel Cerfontyne as its independent chair. It will focus on building relations between Heathrow and its communities, considering the design of the community compensation fund, which could be worth up to £50 million a year, and holding the airport to account when it comes to delivering on its commitments today and into the future”.—[Official Report, Commons, 5/6/18; col. 170.]


Can the Minister set out what powers the independent chair will have? Will she in fact be acting as something like a tribunal and able to direct Heathrow in disputes to provide the appropriate money?

[Baroness Randerson (LD)]

My Lords, this Statement has an air of Alice in Wonderland about it. Governments have been considering this problem for 20 years but I am afraid that the question is out of date, and so is the answer. Hub airports are no longer the growth area in aviation; the growth area is now in direct long-haul flights. The idea of concentrating ever more development in the overcrowded south-east will, the Government say, benefit other parts of the UK as well. Yet the report by the New Economics Foundation, Flying Low, shows that a new runway at Heathrow will cost regional airports 14 million passengers a year. It will harm them, not benefit them.

The first lack of reality is on the timescale, since 2026 is ridiculously optimistic. The idea that you are going to build a runway as well as demolishing 800 houses, moving an incinerator and dealing with the public inquiry, with development consent and—I am fairly certain—with challenges in the courts from local councils suggests to me that the Government do not have realistic expectations in that regard. This is important because it will have a big impact on the ability for any airport development to help our trade situation. There is also a level of fictional economics, which is that the Government have assigned this a zero cost by saying that it is a private development. Can the Minister clarify her attitude to Transport for London’s estimate of a £6 billion cost to the public purse for public transport? Who will pay for the cost of the disruption to the M25 and M4?

I greatly regret that there is a very brief paragraph on air quality. We were hardly aware of emissions issues when this problem was first investigated. Can the Minister provide us with more detail on how this development will enable the Government’s compliance with international obligations? Will she particularly address the issue of surface transport access and surface transport within the airport?

This is supposed to be a national statement yet there is only one brief paragraph in it referring to anywhere other than the south-east of England. How do the Government intend to achieve their promise of supporting other airports to make best use of their runways? Is that a concrete promise of support or is it simply wishing them well in the process? Liberal Democrats believe that the Government should be using airport development as a springboard for the development and prosperity of the north and the Midlands. They should be spreading prosperity across the whole country.

Finally, I warn everyone who is interested in this to look carefully at the wording in the Statement, especially that on page two. All the reassurances are couched in weasel words.

“We expect up to 15% of slots”,


will “facilitate domestic connections”. What does that promise to other parts of the UK? The Government expect,

“up to £2.6 billion … compensation”,

to be paid. They expect not at least £2.6 billion, but up to that figure. They,

“expect … a six-and-a-half hour ban on scheduled night flights”.—[Official Report, Commons, 5/6/18; col. 170.]

What exactly are the guarantees, not the Government’s expectations, on compensation and night flight bans?

Automated and Electric Vehicles Bill

Lord Tunnicliffe Excerpts

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

[Baroness Randerson (LD)]

My Lords, I shall speak to my Amendment 2. I submitted this amendment to give us the opportunity to clarify further exactly how the Government’s definitions would apply in practice. External organisations still voice concern that the Government are not using SAE International levels 4 and 5, which they regard as an accepted international standard. I accept entirely that it is slightly complicating matters that UNECE is still discussing this issue. I wonder whether, given that it will ultimately produce the precise definition, there could at some point be reference to the fact that these will be standards according to those laid down by UNECE. I assume it will get to the end of its discussions pretty soon, otherwise the roads will be full of automated vehicles without people understanding what they are.

I do not actually think there will be much confusion about level 5—I believe they will not have steering wheels, so it will be pretty obvious that they are automated vehicles—but I still cannot entirely get my head around the wording, at line 9, that they are,

“designed or adapted to be capable, in at least some circumstances or situations”,

of safely driving themselves. That does not suggest necessarily that these vehicles are going to be in a sustained mode of automatic driving. I think that the problem will arise with what are currently called level 4 vehicles, because that is almost a gradation further than level 3; there is no absolute cut-off point between level 3 and level 4. Level 3 cars can be driven on their own in some circumstances. I understand that using the word, “safely” is a very useful way of putting it, but it could be open to interpretation.

The Government have complicated things for themselves by using the phrase, “driving themselves”. The industry does not use that term—it does not say that the car “drives itself”. That is not the technical term that it uses; therefore the Government are using in legislation phrases that might be fairly obvious to the layman but are not used by those who deal with these issues every day.

I am extremely grateful to the Minister for the number of amendments she has brought forward. She has listened carefully to what we have had to say, and we have certainly made a great deal of progress, but I would be grateful if she would go away before Third Reading and consult a bit more with representatives of the industry to ensure that the categories are watertight. As I have said here before, probably at a much earlier stage, insurance companies are extremely good at arguing that particular situations do not apply to them and the Government are going to have to be watertight in their approach.

Amendment 4 in the name of the noble Lord, Lord Tunnicliffe, is along very similar lines in that it seeks clarity. That is what concerns us. I welcome that amendment, as I do the amendments from the Minister which have added some elements of clarity in a potentially complex situation. It is complex simply because we are trying to imagine ourselves into the future.

[Lord Tunnicliffe (Lab)]

My Lords, with the leave of the House, and with apologies for being a little late, I shall speak solely to my Amendment 4. As I understand it—and I would value a nod from the Minister—she did not refer to Amendment 4 until I arrived. Amendment 4 is exactly as we moved before and we got some response to it on the issue of consultation. We heard:

“That is something that we plan to do … we fully expect this to be subject to full consultation”.


We got something really absolute only when the Minister said that the Government,

“will absolutely consult on the detail”.

I thought, “Great, those are the sorts of absolute terms I like”, only to see that she also said,

“where we need to make further primary or secondary legislation”.—[Official Report, 9/5/18; cols. 196-197.]

Well, of course you will consult when you are trying to get legislation through.

I accept that the Minister has gone some way to reassuring us but I am fearful that, given the order-making powers for conventional vehicles, Parliament may never see the safety criteria—ever. What I would like from the Minister, given the public concern about the conceptually new way of travelling, is an assurance that the safety criteria will come in front of us in one form or another before there is substantial automated vehicle activity on the roads.

[Baroness Sugg]

My Lords, I thank noble Lords for their broad welcome of these amendments. As I said, standards will be set separately to the Bill, both internationally and domestically, using long-established procedures that are well understood by industry. I take the noble Lord’s point, given the public concern on this and the fact that standards are usually set in this way. I fully expect that when the standards are developed, there absolutely will be an opportunity for both the public and Parliament to be consulted on them. I cannot confirm today what mechanism would be used for that. But as the noble Lord pointed out, given the concern and given that this is such new technology, different from what we have seen before, I fully expect that to happen.

The SAE levels lack the precision needed for technical standards and are not currently recognised as a technical standard in either the technical committee or the forum looking at use within the UNECE, and that is why we do not believe they should be referenced in the Bill. We have worked closely with the industry—yes, the insurance industry but also the motor manufacturing industry—on these definitions. We will certainly get in touch with them again before Third Reading to check that they are content.

The noble Baroness asked about the reference to,

“in at least some circumstances or situations”.

That is in the Bill because we expect the first automated cars to be used only in specific areas, such as on motorways. There will be a procedure to safely hand back to the driver. On the point about “safely driving themselves”, this is where the line is between partly and fully automated vehicles, which will not need monitoring by the driver. That is the differentiation. At level 3 the driver needs to monitor and to be able to take control at any point, whereas at levels 4 and 5 they do not need to monitor in any way. But I take the noble Baroness’s point on the usefulness of the SAE levels and I will certainly take that back to our representatives on the UNECE. As I said, we play a leading role in that. I am sure they are discussed but I will make sure they are and will look at whether they can be referred to when the standards are set.

As I said, technical standards and future regulations will be developed with the appropriate level of scrutiny and consultation, just as current road traffic laws and vehicle standards are developed. We do not believe that a consultation clause is needed because we are confident that there will be appropriate scrutiny.

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[Baroness Sugg]

My Lords, in Committee the noble Lord, Lord Tunnicliffe, proposed a reporting amendment to ensure that the Bill’s proposed insurance framework for automated vehicles is in place and working effectively. I committed to consider whether there was anything further we could do in this area. I absolutely agree that there is value in reporting on the impact and effectiveness of Part 1, so I have tabled Amendment 7 to determine whether this legislation is effective.

Given the uncertainty around the timing of the introduction of automated vehicles, rather than set a date in statute for issuing the report we have chosen to require the report to be laid before Parliament no later than two years after the list of automated vehicles is first published. We want the report to be as meaningful as possible. That will be possible only if the measures have been in operation for a period of time, with automated vehicles being added to the list and insurance policies being offered to drivers of those automated vehicles.

Subsection (1)(a) of this proposed new clause will require the Secretary of State to report on both the impact for consumers and industry and the effectiveness—whether or not the definitions and list work as intended—of the listing of automated vehicles. I hope that this provision will go some way to reassuring noble Lords, given the conversation we had on the previous group. Subsection (1)(b) of the proposed new clause addresses the issue raised by the noble Lord, Lord Tunnicliffe, in Committee: whether the obligations and duties required by the other clauses of this part of the Bill are working to deliver an effective framework for insuring the use of automated vehicles.

I can reassure noble Lords that the insurance industry supports our intended approach to reporting on the Bill’s impact and effectiveness, and that we will work closely with the industry when delivering the report on the operation of this part. I hope that the amendment provides reassurance that we will report on the effectiveness and impact of Part 1 of the AEV Bill, in order to ensure that it is functioning correctly, and that noble Lords will support it. I beg to move.

[Lord Tunnicliffe]

My Lords, I could spin this out but will the Minister settle for “Thank you”?

[Baroness Sugg]

My Lords, I could spin this out too but I am pleased that the noble Lord welcomes the amendment. That is probably all I should say on this matter.

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[Baroness Randerson]

My Lords, I shall speak to Amendments 49 and 50, which are in this group. Before I do so, I reiterate my thanks to the Minister, who has taken on board the criticisms of the Bill that were made in Committee by me and the noble Baroness, Lady Worthington, in relation to the slight reference to hydrogen in the Bill when it came from the other place. The Government have accepted most of the amendments and have therefore dealt with the confusion of referring to charging hydrogen vehicles when it is not a phrase anyone would use—one would say “refuelling hydrogen vehicles”.

The amendments may appear simple, but they are very significant because the terminology used sends signals to investors and markets about the Government’s wishes and what form of ultra low emission vehicles they are supporting in this legislation. As originally written, it looked as if the Government were backing battery electric vehicles over other technologies, and these amendments put things in a more balanced light and level the playing field considerably.

However, I invite the Minister to think again before Third Reading and change the title of the Bill. The Bill now refers to three specific categories of vehicles—automated vehicles, electric vehicles and hydrogen vehicles—but its title refers to only two of those three categories, so to the less-than-expert observer it would appear that the Government have no legislation to encourage hydrogen vehicles. The Government could have chosen a much more general title, but they have chosen a relatively specific title because the Bill is limited and specific, so it would be sensible to flag up to the world that the Government have this legislation by putting the word “Hydrogen” in the title. I urge the Minister to reconsider this. I have no intention of pushing this to a vote today, but I think it would be useful if the title could be amended at Third Reading.

[Lord Tunnicliffe]

I agree with the noble Baroness, Lady Randerson, that a change to the title would be helpful, and I accept her point that it is not something we are going to divide the House on.

[Lord Brooke of Alverthorpe (Lab)]

Shame!

[Lord Tunnicliffe]

“Shame,” somebody said. The hydrogen compatibility amendments that the Minister has brought forward are very welcome. She illustrated their value by talking about what the Government are doing in investment in hydrogen. I cannot reasonably expect an answer now, but I wonder whether the Government have a fuller programme than the one she describes because, as far as I could understand from what she was saying, she was talking about the vehicle end of that, whereas I feel that with such a new technology some knowledge of government investment in the total hydrogen picture—the means of production, what the economics look like and so on—would be extremely valuable. If she is able to put that together in an interesting letter for all of us who have been involved in this debate, I would be very grateful.

[Lord Craig of Radley (CB)]

My Lords, on the subject of title change, I think the Minister is absolutely right. I have some previous experience of trying to change the title of a Bill: the department was quite determined that the title could not be changed but further advice from the clerks of this House assured me that it could be, and that was accepted. So I hope there will be no misunderstandings this time.

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[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.

[Lord Young of Cookham (Con)]

My Lords, the co-pilot is in charge of this group of amendments. I am grateful to all noble Lords who have spoken to this group and made the case for seeking to expand the scope of Clause 10 beyond the destinations that are so far defined in it.

The amendments of the noble Baroness, Lady Worthington—Amendments 21, 23 and 28—seek to expand the scope of Clause 10, so that privately owned large car park operators would also be required to ensure provision of charge points at their premises. A number of noble Lords and Baronesses have spoken in support of that group of amendments. It is important that we carefully consider which location should be captured in Clause 10. As my noble friend highlighted in Committee, we believe that the Government should regulate only where there is a specific need and not where we are confident that market forces will deliver the necessary infrastructure to meet the needs of EV drivers. I seek to reassure noble Lords by giving examples of what is now happening in the private sector.

First, perhaps I can deal with my noble friend’s comment about the London Borough of Kensington and Chelsea. I think it is providing a number of spaces and that the Government are taking the initiative in encouraging it to do better. Indeed, through the Government’s on-street residential scheme, we have just provided funding for 50 additional lamp post charge points to be installed. I hope that is of some reassurance to my noble friend. But we are already seeing the private sector taking the lead, with charge points going in at destinations including car parks and supermarkets, as these locations begin to appreciate the advantages that offering charging facilities will ultimately have in attracting the growing number of EV drivers to their shops or to use their services. For example, NCP, one of the largest car park operators in the UK, already offers charge points at some of its car parks and is investing to grow the number of sites offering this facility.

Electrical vehicle charging points have been installed in car parks at Heathrow Airport and around 500 charge point connectors have been installed in the UK in the last 30 days. The Office for Low Emission Vehicles has also worked closely with the British Parking Association to develop guidance for its members on investing in and installing charging infrastructure.

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[Lord Brooke of Alverthorpe]

My Lords, in the absence of the noble Baroness, Lady Worthington, I shall move the amendment she has tabled. I shall not speak at any great length on it. The change which has been tabled is welcome, but it falls considerably short of what we were hoping for and, in particular, what the mayors were hoping for. They do not feel that the Bill gives them the powers to tackle the fundamental problems they have with air pollution. They see it as an important part of several pieces of equipment they need to tackle air pollution. In particular, as I said in my earlier intervention, they have to be able to bring pressure to bear to ensure that there are more electric charging points in car parks. The noble Baroness, Lady Randerson, made the point very clearly. Most people using electric cars are not concerned about long journeys. They have bought their electric cars for good green reasons and for other reasons, and they are using them principally in cities. They are looking for the infrastructure to back them and, in particular, they find that in many areas in which they park there is no facility.

The mayors recognise this. They know what their cities have and what their citizens want. I am sure they will feel that while they welcome this change, there are a lot of words but little change and little benefit for them. Others may speak on this but we hope that the Government might take this away, reflect on it and see if they can come back and do better on it next time around. I beg to move.

[Lord Tunnicliffe]

I am somewhat confused. I thought we were still debating the group starting with Amendment 29, and my understanding of the rules is that no other amendment is yet moved. Anyway, I will make the speech that I was going to make. I thank the Minister for her help in trying to get me to understand the amendment, those that preceded it and the amendments to the amendments that preceded the latest amendments to the amendment. I have to admit that I am now totally confused. Hence I am absolutely delighted that the Minister has assured us that this group of amendments will be translated into a single government amendment. I will reserve my views on that amendment until I have seen it, and I hope it turns up quite soon. Because that amendment will be tabled, we may choose to bring forward amendments to it at Third Reading, but I will refrain from using the time of the House any more at this point.

[Baroness Randerson]

My Lords, I am totally confused as well because I thought we were still on group 7. I am going to confuse everyone even further by moving and speaking to Amendment 33.

--- Later in debate ---

[Baroness Sugg]

My Lords, I apologise if there is any confusion on this issue. Obviously, having amendments to a government amendment can lead to confusion. As I said, we will bring forward a government amendment, taking on board other comments, and we will endeavour to do that as soon as possible.

On Amendment 33, on extending the power to local transport authorities, we have a number of combined authorities with a directly elected mayor which are designed to deliver their strategic transport priorities across their city regions. We support the devolution of powers to authorities when local decision-making will support improved delivery of transport outcomes. Mayoral combined authorities and the Mayor of London provide an appropriate level of democratic accountability and strategic oversight, which individual local authorities do not necessarily have. We have made the decision to devolve certain strategic powers to metro mayors and metro mayors only and, in this case, we do not think that we should extend them to other local transport authorities.

I will move on to the issues involved in Amendment 29. We discussed London councils, TfL and the mayor at length in Committee and I mentioned this in my opening remarks. We welcome the new taskforce which has been set up and is well represented by all these organisations. There is a real will to work together to deliver these rapid charge points. We are encouraged by that and look forward to seeing progress made.

[Lord Tunnicliffe]

My understanding from the Minister’s opening remarks is that Amendment 29 is in the pot to be brought together with the other amendments in a new amendment being brought forward at Third Reading.

[Baroness Sugg]

Yes, the plan is to bring forward one amendment. We aim to combine Amendments 29, 30A, 31, 32A, 33 and 33A into one—we hope simplified—government amendment. On the point made by the noble Lord, Lord Tope, I make it clear that these are only regulation-making powers under Section 10, which is solely for large fuel retailers and service area operators. That is what these devolved powers refer to. I acknowledge that they do not go as far as the metro mayors want. I do not suggest that we get into another conversation about widening the scope of the Bill and the powers of the metro mayors. The Government’s amendment is related purely to those operators. We will come back to this ahead of Third Reading.

The noble Baroness, Lady Randerson, referred to the DPRRC memo. We will go back to the committee with our response and I will copy in all noble Lords. Under Regulation 16(4), the first regulations made following a request by a metro mayor would be subject to the affirmative procedure so the first use of the powers would be debated by Parliament. However, any further exercise of the power is expected to raise similar issues to the first such exercise. Any such regulations would also have been subject to two periods of consultation: the metro mayor would be required to undertake local consultation before asking the Secretary of State to make regulations, and under Regulation 16(3) the Secretary of State would be required to undertake consultation before making the regulations. We think that is sufficient. I am afraid I received the letter only yesterday evening, but we will reply in the coming days and I will make sure that all noble Lords are copied in.

As I said, we will endeavour to come back as soon as possible with a revised government amendment which I hope will simplify matters.

--- Later in debate ---

[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.

[Baroness Sugg]

My Lords, I am grateful for the broad welcome expressed by noble Lords for the reporting amendment. I can reassure my noble friend that we will lay the report within two years of the Act being passed and further reports every 12 months after that. I did raise the issue of this wording and I have been assured that it has many precedents.

As this is the last group of the day, I thank all noble Lords for their contributions. I know that some believe that the Bill is too narrow in scope and does not go far enough in the provision of electric charging infrastructure. I would like to point out that infrastructure is just one element of Part 2. We have also made provisions on access, connection, information, data, smart charging and now reliability. While I acknowledge the views of noble Lords on infrastructure, we have sought to address any issues where we find them. Again, it is a part of the Bill, not its entirety. Indeed, the Bill forms only a small part of the work that the Government are doing to ensure that we have a successful transition to electric vehicles. I may as well say one last time that our upcoming “road to zero” strategy will set out our plans in more detail.

I have listened to the arguments put by noble Lords throughout the passage of the Bill and I have moved amendments to improve it. Again, I thank noble Lords for their constructive engagement.

New Cars: Sales

Lord Tunnicliffe Excerpts

Monday 4th June 2018 Lords Chamber

[Baroness Sugg]

My Lords, I am afraid that I do not agree that 2040 is unambitious. As the noble Baroness points out, the industry is setting its own targets, which is a great thing to see; everyone is working together to deliver this. On the international point, the UK was the first major economy in the world to set out a challenging ambition to end the sale of new conventional petrol and diesel vehicles by 2040. We are also the second largest market in Europe for ultralow emission vehicles, and for their development and manufacture. One in eight electric cars sold in Europe was made in the UK, and we are ranked sixth globally and second in Europe in that regard, which is a position we should be proud of—but I entirely agree that there is more that we can do.

[Lord Tunnicliffe (Lab)]

My Lords, the Government’s silver bullet on this seems to be the Road to Zero document. Could she tell us a bit more about it? When did work on it start, and how did its existence become known? I could find only one reference in government documentation, which is to Defra owning it. Why has there been no public consultation, when will it be published and what questions will it answer?

[Baroness Sugg]

My Lords, we have been working hard on the Road to Zero document and are in the final stages of pulling it together, having welcomed the input of many stakeholders. It will be published shortly. I wish that I could give noble Lords an exact date, but I am afraid that I cannot at this point. We are working closely with departments across government on that issue. It forms part of all our efforts to reduce emissions following the Clean Air Strategy consultation, which was recently published. We set out our aim and ambitions in the manifesto, and the two strategies taken together—the Road to Zero strategy and the Clean Air Strategy—will help to deliver those goals.

Rail Timetabling

Lord Tunnicliffe Excerpts

Monday 4th June 2018 Lords Chamber

[Lord Tunnicliffe (Lab)]

My Lords, the national railway is a public service for two reasons. First, most passengers have no choice and, secondly, a vast amount of its expenses are paid for by the taxpayer. One has to ask: who is responsible for this public service? It is very clear: it is just one person, the Secretary of State. He owns Network Rail, he hires and fires the directors, he determines their pay, he can give them directions, he decides what funding they get. He commissions the train operating companies and the various, appropriately complex, conditions on their contracts. He is personally responsible for the mess.

My colleague in the House of Commons said that the Secretary of State should resign. I would not be nearly so presumptuous, but an apology would be a step in the right direction. There is not a word of apology in the Statement. I share his sorrow, and I wish that he would take personal responsibility for the sorrow that he has caused. He failed fully to understand the operation; he did not assure himself that he had sufficient skilled resources to understand the risk. Furthermore, he carries on trying to make the present structure work. The present franchise system does not work. You need much more skill than the Secretary of State has so far displayed to get a profit-maximising organisation with virtually no real competition to maximise the concept of public service. His favoured solution for getting the railway right is a partnership, as he set out in his east coast Statement, but Northern was managed by a partnership and it failed; GTR had a partnership and it failed. Why did it fail? It failed because a publicly owned Network Rail and a profit-maximising train operator do not make natural partners.

The Secretary of State fails to understand the basic financial pressures on the train operating companies. They go on about increases in passenger numbers, but this is much more dependent on external forces such as the economy than anything that the train operating company can do. Revenue is largely outside their control; the road to shareholder value is by cutting costs.

Finally, the Secretary of State’s plan to get us out of this mess, a programme of incremental introduction, is likely to go as wrong as the current mess. I have run a railway in the public sector. It is a complex system, and any change to any part has an effect on the whole system. Change needs to be modelled and tested by high-quality research staff, which takes time and effort and long lead times to recruit and train staff, particularly drivers. Does the Secretary of State have access to such staff? If he has, are they recommending incremental introduction?

To summarise, does the Secretary of State accept personal responsibility for this mess? Will he apologise, and has he got sufficient skilled resources to manage the situation? Is he still convinced that a partnership really can work? Given the continuous failure of the present franchise structure, does he not agree that the train operating companies should be taken into public ownership?

[Baroness Randerson (LD)]

My Lords, like the noble Lord I am horrified by the tone of this Statement. The passengers, who bear the brunt of all this, have absolutely had enough, and the lack of any shadow of an apology in that Statement from the Secretary of State is going to anger them even further. The Secretary of State lurches from catastrophe to chaos, and I believe that he thinks that he is Teflon man.

I differ from the noble Lord in that I do not believe that nationalisation is the answer. Indeed, when you look at the ability of the Department for Transport to manage things effectively, one shudders to think of what it would do if it was in charge of the whole lot. I do not subscribe to the kneejerk approach to politics that heaps all blame on Ministers; I realise that government is difficult and that Ministers cannot be expected to micromanage. But I have been a Minister in two Governments and I recognise the point where a Minister has to take direct responsibility when something goes wrong. The Secretary of State has reached that point, and he needs to take that responsibility for his part in this debacle. You cannot claim the credit for something if you are not prepared to shoulder the blame when things go wrong. The latter part of this Statement trumpets the wonderful things that are still going to happen in future; the Secretary of State has trumpeted all this in the past and therefore takes responsibility for it.

Why were basic precautions not taken to ensure that a big change like this ran smoothly? It is the coward’s way to blame the staff and managers involved. Transport Focus warned of potential problems with the new timetables last autumn. Why were its warnings not heeded? What meetings took place with Transport Focus, and between it and the train operating companies, to deal with the concerns which it voiced? For how long has this change been planned? Was there any element of speeding it up to get it done by a particular time, which might have been a factor in why it went wrong? Has Network Rail, or the train operating companies involved, ever raised any concerns about either the scale of change or the timescale for it? The Statement says that there were meetings recently and no concerns were raised then. Were they raising concerns some months back? Why were these changes introduced on such a grand scale, involving several train lines? Would a pilot project not have been a good idea? Given the delays to the Bolton electrification project, why go ahead at all with changes on Northern at this time?

The Statement refers to compensation, but it is not precise. Can we please have exact details about compensation to long-suffering passengers? Finally, the Statement referred to the ORR undertaking an inquiry. Will this be entirely independent? Will it analyse the roles and responsibility of Government, as well as of Network Rail and the train operating companies, so that Government can learn the lessons from this and ensure that it never happens again?

Automated and Electric Vehicles Bill

Lord Tunnicliffe Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Thursday 17th May 2018 Lords Chamber

[Lord Campbell-Savours (Lab)]

My Lords, I will intervene briefly to make what I can only describe as a very trivial point. The Industry and Parliament Trust wrote to me and a number of my colleagues in the last few weeks telling us that there would be a breakfast meeting in the House on 1 May. I do not think that it realises that some of us simply cannot turn up for breakfast meetings on this extremely important issue. I raise this in the Chamber because it is important that it realises that these are problems for some Members. I would have attended because it is a fascinating area of development.

In particular, my interest is in the possibility of applying this kind of technology to lorries, which is what has happened in America. There have been tests. In so far as commercial vehicles are the major polluters, we should be doing everything possible to ensure that they are in the front line of the shift to this technology. As I said, I hope that the Industry and Parliament Trust has that in mind when it arranges these meetings in the future, because it means that some of us are denied the opportunity of the very excellent work that it does on many issues that come before Parliament.

[Lord Tunnicliffe (Lab)]

My Lords, I did go to that breakfast, so I have heard the hydrogen manifesto, as it were. I also attended a dinner last night arranged by ChargePoint and witnessed my first outbreak of range anxiety among electric car owners, who explained at some length and some volume that 120 miles with the lights on meant about 50 miles. The battery electric formula has still a long way to go. There are many areas where hydrogen might be used, the classic example being buses in London. Hydrogen needs greater emphasis in the Bill. I hope that the Minister will be able to bring forward amendments to produce a little more balance in the Bill so that it does not so blatantly presume a battery solution.

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

My Lords, as I stated at Second Reading, it is this Government’s ambition that every car and van will be zero-emission by 2050. The Government are using a range of tools, including tax incentives and grant schemes alongside regulation and legislation. I acknowledge the point made by the noble Baroness, Lady Worthington, on the narrow scope of the Bill. The Bill focuses specifically on areas that we have identified as needing the regulatory tools available to intervene in the market so that we might ensure that the UK’s charging infrastructure is easy to use for consumers and that charging is “smart” to reduce impacts to the grid. I agree that we need a much wider strategy. That is exactly what we are working on—although, I am afraid, not in this Bill.

The Government’s upcoming strategy will set out their approach to the transition to zero-emission road transport and drive down emissions from conventional vehicles during the transition. It will include hydrogen vehicles. I apologise that the strategy has not yet been published. We are working hard with other departments and the industry to ensure that the strategy is as strong and ambitious as possible.

Our commitment to zero-emission vehicles is technology neutral. This means that we want to drive forward the development and deployment of any technologies that can deliver a zero-emissions future. At the moment, that capability is limited to battery electric and hydrogen fuel cell electric vehicles, although we do not want to rule out other innovations.

The level of support provided to these technologies is dictated by the maturity of their respective markets. There are very few hydrogen fuel cell vehicles currently being manufactured globally—I believe that some 6,500 such vehicles were sold last year.

As noble Lords have said, refuelling infrastructure availability is a key potential barrier to rollout of hydrogen fuel cell electric vehicles, which is why they are included in the Bill. Despite that, the UK has secured the position as one of the world-leading, but still embryonic, markets. We believe that hydrogen fuel cell electric vehicles are an important technology, alongside battery electric vehicles, for decarbonising road transport.

This is why, since 2014, we have provided £5 million to fund 12 new hydrogen refuelling stations and £2 million for public and private sector fleets to become early adopters of the vehicles—as the noble Lord, Lord Campbell-Savours, said, commercial vehicles can contribute disproportionately highly to pollution, so that is something we are working on. It is also why we announced an additional £23 million in March last year to leverage a ramp-up in investments from industry in refuelling infrastructure and vehicle deployment out to 2020.

It has always been the intent of the Bill to include both hydrogen fuel cell and battery electric vehicles. That is explained in Clause 8(1)(c), which makes it clear that hydrogen refuelling points are included in the definition of “public charging point”, but I take the point made by the noble Baroness, Lady Randerson, on charging versus refuelling.

The powers relating to infrastructure provision in motorway service areas and large fuel retailers in Clauses 9, 10 and 11 therefore cover the provision of hydrogen refuelling points. As we have said, the infrastructure around hydrogen will be incredibly important. Having points at those key positions is one thing we will act on. Draft regulations will include hydrogen refuelling points as well as electric battery charging points.

On Amendment 39 and the definitions of “electric vehicle” and “zero-emission vehicle”, as we have said, this part of the Bill is focused on charging or refuelling infrastructure for vehicles. Such infrastructure is defined by reference to its capacity to recharge either battery or hydrogen-propelled vehicles. We think that the Bill includes the relevant definitions necessary in relation to refuelling points. In addition, there is a definition of “electric vehicle” in legislation already, as the definition contained in the Alternative Fuels Infrastructure Regulations made last year mirrors the definition proposed by the noble Baroness, Lady Worthington. Given that the definitions in the Bill already work as intended, we do not think there is a need to duplicate the definition of “electric vehicle” within the Bill.

--- Later in debate ---

[Baroness Worthington]

My Lords, I shall speak to the amendments in the group to which I have lent my name. The noble Baroness, Lady Randerson, has eloquently explained what it is like to be an electric car user in Britain today. It is certainly not always a pleasurable experience, and a number of serious issues need to be addressed—not least that of faulty charging points.

One of the reasons why we have a problem is that the demand for electric vehicles is not being met by the manufacturers, so there are lengthy queues and waiting lists, but people are hoping that this will be a big market. They are therefore fitting charging infrastructure, but it is operating at a loss: there is no financial benefit for anyone fitting charging points at the moment, because there are insufficient users, as insufficient numbers of cars are sold. That means that expensive infrastructure is put in—sometimes subsidised, sometimes not—and then there is no incentive to keep it operating.

This morning my assistant and I did a spot check on Zap-Map—one of the multiple apps you need on your phone to know where charging points are. Within a three-mile radius of here there are around 100 charging points, but of those, 13 are non-operational. That is just not good enough. What is the point of putting in all this effort to create a network, only for those expensive pieces of kit not to be maintained? If the Bill has any purpose, it is to ensure that at least we can get rid of that irritant. It causes people considerable harm and anxiety not to know, when they turn up in their car with the charge running down, that they are guaranteed to be able to recharge it. That is a big impediment to people taking up this technology.

The Minister said that we might see some regulations under Clause 13 some time soon, so let us also say that we will definitely, and quickly, see some regulations under Clause 9. This is not new technology; there is no risk of it becoming outdated. The charging points are there. People are putting them in, but they are not making money because there are insufficient users, and the points are not being maintained. This is no way to set about meeting the goal that the Government put in their manifesto—that nearly all cars will be zero-emission by 2050. Let us think more about what is happening today, and use this legislative opportunity to sort out the problems that people are experiencing now. I fully support the amendments in the group, particularly the one about a requirement to maintain standards and to take steps to repair faulty charging points.

[Lord Tunnicliffe]

My Lords, I do not want to be too repetitive, but I have been persuaded by the speakers in the debate so far—and, of course, at last night’s notorious dinner. Again, I hope that the Minister will be able not only to give us warm words but to see whether she can make some progress in tabling amendments that at least partly support the general direction of the debate.

[Baroness Sugg]

My Lords, I am very sorry that my noble friend and I missed that wonderful dinner, to which I think all noble Lords were invited last night; our invitations must have been lost in the post. The Government’s aim is to develop our infrastructure so that current and future drivers of electric vehicles can locate charging infrastructure that is affordable, efficient, reliable and easily accessible. The amendments, understandably, seek to improve availability and reliability.

Most government-funded charge points started out as being free to access, but payments have been gradually introduced over the years. Taking a payment in exchange for charging is a crucial step in the development of a long-term sustainable business model for charge point operators that will in turn lead to greater choice and improved future reliability of the network. Of course I agree that reliability is a critical issue, but we think that the market is developing to meet consumer expectations about charge point reliability. We welcome the fact that a number of charge point owners currently report on their level of reliability. The noble Baroness, Lady Randerson, mentioned Zap-Map.com, which incorporates a real-time feed that drivers can use to report on their recent charging experiences and report out-of-action charge points. As this market continues to develop, it is clear that operators will want their charge points to be functioning and accessible to attract customers, and indeed to receive payment.

Some operators are already providing information voluntarily, and as the market develops all may do so. However, should the Government need to intervene in this area, powers can be introduced under Clause 11. As currently proposed, this could require charge point operators to make reliability information available in open-source formats, which could be used to improve the consumer experience. Clause 11 also specifically mentions,

“whether the point is in working order”,

and making this information available will help to incentivise charge point operators to maintain working charge points and to ensure that they can be held to account by customers. I agree with the noble Baroness that for the infrastructure to work, the charge points have to work, and people need to feel confident that they will be able to charge their car—so I agree with the intent behind the amendments.

The noble Baroness also proposes an amendment on contactless card payments. Again, we absolutely recognise the importance of having easily available payment options to encourage the uptake of these vehicles. We have seen progress in this area. Since 2017 regulations have been in place for new charge points to ensure that they are available without the need for any form of membership. This applies to all new charge points from last November, and all existing charge points will need to meet that requirement by November this year. In the policy scoping notes contactless payment is one of a number of potential access or payment solutions, but we are not sure about mandating for this in primary legislation, which could risk forcing charge point operators to overhaul their entire network for a specific access method that may not be the preferred solution by drivers or industry, and may well be succeeded by another form of access. We want to consult on that. In advance of introducing any secondary legislation we will consult drivers and operators before proposing a minimum defined access method. If the preferred option is through contactless payment—which, I acknowledge, it may well be, so that people can easily pay for charging—that would be included in the regulations.

Amendment 50, proposed by the noble Lord, Lord Berkeley, which was mentioned by the noble Lord, Lord Campbell-Savours, rightly seeks to ensure that the Secretary of State has regard to innovation, customer choice and competition when bringing forward regulations under this clause. Those three things should always be at the heart of the Government’s policy-making, and will underpin any regulations brought forward under this, and indeed any other, clause.

As I have said, I agree with the intent behind all the amendments, and I will consider them further.

Automated and Electric Vehicles Bill

Lord Tunnicliffe Excerpts

Committee: 2nd sitting (Hansard - continued): House of Lords
Thursday 17th May 2018 Lords Chamber

Moved by

[Lord Tunnicliffe]

52: Clause 9, page 6, line 22, at end insert—
“( ) Before making regulations under subsection (1)(b), the Secretary of State must consult charge point operators and vehicle manufacturers on the prescribed requirements for connecting components.”

[Lord Tunnicliffe (Lab)]

My Lords, in moving Amendment 52 I shall speak also to three other amendments in this group. The Bill as currently drafted gives the Secretary of State the power to make regulations in relation to the components of charging points. What the Bill does not do is define what criteria will be used or who the Government will consult when making this decision.

The Bill presents a significant opportunity for the United Kingdom to lead globally on encouraging the uptake of electric vehicles. Making the most of that opportunity will require action in a number of areas, one of which is availability and interoperability of charging points. There is some concern about differing design standards for charging points. It is important to avoid a situation in which vehicles have a wide range of different connecting components, because they will have to be reflected on forecourts; such a range will be impractical and create confusion on forecourts. The amendment would require the Government to consult charge operators and vehicle manufacturers on these vital infrastructure decisions. The amendment’s purpose is to ensure that the Government consult properly and widely, specifically with recharge point operators, on the final form and implementation of those connecting components.

Amendment 67 would require the Secretary of State to consult on and publish the criteria to be used for the definition of “large fuel retailers” and “service area operators”. This will make clear to the industry which companies are covered by the regulations.

Amendment 87 focuses on the collection and use of data from electric charging points. As with the data collected by automated vehicles, charging points and electric vehicles will also hold important and useful information which, if it were to fall into the wrong hands, could be damaging. It is important that we get this side of the legislation right because, as the technology advances, it is likely that more information will be held. Some of this information will be personal and sensitive, which is why it is important that the Government ensure that the gathered data is secure and private. It is important that the legislation addresses who is responsible for collecting this data, how the data is then shared between different parties and any limitations on such data. In the amendment, we ask Ministers to properly consult with the relevant stakeholders in this area and make sure that the correct safeguards are put in place.

Finally, Amendment 102 would require the Government to consult widely before regulations were implemented. One significant area that our proposals would deal with is the impact that the expansion of charging points may have on the national grid, which the Bill barely addresses. There is a fear that sudden huge spikes in demand could easily damage the network and, in extreme cases, lead to power outages. For it to work, this policy requires serious planning and consultation between the Government, the grid and charge point operators. I appreciate that the Government are trying to address some of that with smart charging, but the risk is still there, particularly if rapid charging is used at charge points during peak rush hour times. Those concerns need to be considered carefully and the impact must be monitored in the rollout of the infrastructure changes. The Government will have to consider a great many things that they do not know yet, such as what regulations they want to bring in, who they will affect and how they will be affected. That underlines why it is important that the Government consult stakeholders, as this amendment asks them to do.

I am not opposed to the use of secondary legislation because it will be necessary to future-proof the Bill, but it is important that the Minister comes back to Parliament with more detail and specific proposals for regulations—particularly for something that, as it stands, is not included in much detail. I beg to move.

--- Later in debate ---

[Lord Young of Cookham]

My noble friend is absolutely right. Some fuel retailers may be in remote locations where the necessary electricity supply is not immediately available. Therefore, it would not make sense to oblige them to have charge points if they could not get the power. We have taken that on board. When we consult, we will look specifically at the availability of power supply before deciding whether to make progress.

Clause 16(4) would require the Secretary of State to lay the draft regulations in Parliament and their approval by each House before they are made. I understand the intent of the amendment: to ensure there is enough time for stakeholders to consider and comment, and make their views known to parliamentarians, before the regulations are discussed in the House. However we believe that, given the commitment to full consultation and the use of the affirmative procedure, it is not necessary or proportionate to publish the regulations six months before they are made. There will be many opportunities to comment on what should be included in the regulations throughout the consultation, and a delay of six months from the final draft to a vote in Parliament could adversely affect the delivery of the policy. Regarding Amendment 68, I hope this also reassures the noble Baroness, Lady Randerson, of our commitment to consult fuel retailers about the appropriateness of regulations before they are introduced.

I turn to Amendment 87 and the important issue of data. The collection and use of data from charge points is increasingly important to those who help manage the electricity system. We will need carefully to consider how that data is used and how to ensure data privacy. We are already statutorily obliged to consult on the regulations through Clause 16(3). The consultation will cover the issues referred to in the amendments: who is responsible for collecting the data, how the data is shared, and any limitations on the use of such data. Therefore, we do not believe that a specific amendment on data is necessary. Data security and privacy are essential. Data would be anonymised and aggregated and it could be handled in a similar way to how smart meter data is treated. The noble Lord, Lord Campbell-Savours, suggested that one of the prescribed persons might be the Treasury, so that it could get this information in order to charge motorists. I do not think that is the intention, but I will take advice before I commit myself on it. It is an ingenious thought, which the Treasury may follow up now that the noble Lord has mentioned it.

Amendment 95 is proposed by the noble Baroness, Lady Randerson. She must have a very small carbon footprint if she generates through solar panels the power for her car. The amendment would require night-shift workers and households with solar panels to be taken into account for regulations under Clause 13, about smart charge points. I would hope that night-shift workers might be able to charge at work and therefore benefit from the lower rates, but off-peak is not only at night; lowest demand can now be in the afternoon because of solar power, so it could be the new off-peak—I understand that this happened for the first time in the UK in 2017. We will of course look to ensure that the introduction of smart charge points does not have adverse effects on any groups of consumers. However, we do not believe it is appropriate to specify, and implicitly prioritise, a small selection of people, however important, as the noble Baroness’s amendment seeks. I understand that it is important to take into account different groups of consumers, but as the clause is about the requirements for smart charge points rather than the pricing structures, I am not sure that it is the right place.

On smart charging pricing structures, I hope noble Lords will be reassured that the regulator for the electricity system, Ofgem, has an explicit responsibility to make the system fair for all energy consumers. Amendment 102 in the name of the noble Lord, Lord Tunnicliffe, would extend the consulting requirement for this part of the Bill to ensure that the Secretary of State included the National Grid, large fuel retailers and service area operators. I agree that it is important to consult widely and of course that includes such stakeholders, but we do not think it appropriate to specify in the Bill a small proportion of the organisations that should be consulted.

Amendment 103 in the name of the noble Baroness, Lady Randerson, is about requiring draft regulations in this part to be approved in both Houses of Parliament every time they provide or amend a definition in this Act. Clause 16(4) already requires the Secretary of State to do this for the first time regulations are laid, with exceptions for technical regulations under Clause 9(3) and Clause 13. This is a rapidly evolving market and may require the Government to act quickly. The initial regulations will be subject, quite rightly, to the affirmative procedure, but it may not be appropriate to extend this to every provision or amendment of a definition.

I am grateful to noble Lords for raising important issues. I hope they are reassured that we intend to fulfil existing duties in respect of secondary legislation, that we will consult widely and thoroughly before any regulations are brought forward, and that the statutory obligation to consultation in Clause 16(3) will ensure that we do so. I recognise the importance of proper parliamentary scrutiny when defining terms used in the Bill, as the Delegated Powers and Regulatory Reform Committee noted in its report. My noble friend is considering its recommendations and will respond to the committee before Report and copy this response to all noble Lords who have taken part in today’s debate. On that basis, I hope that the noble Lord might withdraw his amendment at this stage.

[Lord Tunnicliffe]

My Lords, I shall not delay the Committee unnecessarily. I will study the response with some care. I suspect that we will bring forward an amendment on Report unless the Minister does so for us, because there is something rather special about the timescales. The standard consultation is 12 weeks. The six months that we propose recognises the considerable work that will be required if a fuel retailer or service operator is caught unawares. Either such a provision is needed or the regulations have to be sensitive about time. I hope for a perhaps more in-depth response—I do not want to be rude—which recognises these timescales. Perhaps we can put that on record on Report, even if the Minister is unable to suggest some useful words to add to the Bill.

Before I withdraw the amendment, can I assume that when Amendment 53 is called, we will commence discussion on the original group without Amendment 51? I see nodding from the Whips; therefore, we are all on the same page. I beg leave to withdraw the amendment.

Amendment 52 withdrawn.

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[Lord Tope]

My Lords, we must recognise, first, that there is a resource problem for TfL, boroughs and everyone in the public sector. That is possibly the greatest inhibition to rapid implementation. I must say that, in my experience, giving permitted development rights to TfL, while it would be intended to speed things up, would in practice have exactly the opposite effect, because it simply cannot have—this is not a criticism but a statement—detailed local knowledge. I could cite the example of proposing to put a charging point in a parking bay reserved for hearses for the local church—but we can get into too much detail here.

My key point is that the way in which to make rapid progress with rapid charging and all the rest of the infrastructure is not to set up something strongly opposed by the London boroughs, which is going to lead inevitably, sadly, to more conflict and disagreement, more objections and less public support—because that is where the objections will come from. That is not the way to go: the way to go is to give a kick-start, or whatever word the noble Baroness used, and say that we want to see greater active co-operation between TfL and the London boroughs. What we would like to see in particular is not an agreement to pursue permitted development rights for TfL but a requirement—or not a requirement, because we cannot require, but a request—that TfL and the London boroughs and councils, if possible, come back to us for Report, which I know is only a few weeks away, with an agreed amendment, if that is necessary, to achieve the objective that we all share. I think that that is a much more positive approach, and one that is far more likely to succeed in achieving the objective, which I think that I share with the noble Baroness, Lady Worthington, and everyone else, than the one now, which is being opposed by the people who will actually have to do most of the implementation.

[Lord Tunnicliffe]

My Lords, as a generality I support the thrust of these amendments, but I worry about whether this is the right place for them. Clearly, there is a case for some overall strategic planning, and there is a need for it to happen everywhere. There is also a possibility that that may require some powers to be provided for TfL. But we are trespassing into dangerous waters, because we are getting into sovereignty—and there is no more delicate area in a sovereignty debate than between an area or regional authority and constituent members. I worry whether this Bill is the place to make such a profound move.

I am genuinely open-minded about whether we should press in this direction, but I join the noble Lord, Lord Tope, in urging the department to do all that it can between now and Report to get a negotiated settlement between the boroughs and TfL that, if necessary, we can put into the Bill.

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

My Lords, this is a wide-ranging group of amendments and I shall aim to address all the points raised, so I am afraid that I shall have quite a bit to say.

On permitted development rights and expansion, as the noble Baroness noted, it is already allowed through town and country planning, which allows permitted development rights for one electric vehicle charging point per parking space, public or private. The noble Baroness, Lady Worthington, mentioned specific restrictions on that, which were introduced into the permitted development right to protect the environmental amenity of an area—hence the planning permission is needed. However, there is no height limit for charge points installed by or on behalf of local authorities, which are able to consider the impact of a charge point at a particular location, as well as on the safety of road users and pedestrians, and any other local considerations. That is what we want to bear in mind.

In general, the intention of these amendments is an important consideration. Given the change in technologies, it is important that the Government ensure the existing flexibilities and terms of permitted development rights and that they remain fit for purpose—and certainly deregulate where we should. So I shall take the issue away and consider it further with the Ministry of Housing, Communities and Local Government before Report.

On permitted development rights in London and TfL, my noble friend Lord Borwick raised the proposal to give TfL or the Mayor of London permitted development rights to install rapid charge points. Again, we agree with the intention behind aspects of this amendment; the installation of charging provision in London is crucial to help to ensure that air quality and climate change targets are met and, despite some excellent progress by local boroughs, many more charge points will be needed. While we recognise TfL’s frustration at not being able to make quick improvements to a road network that it may be responsible for, it is right and proper that it works collaboratively with local boroughs to consider the local democratic process.

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[Baroness Worthington]

I shall speak to the amendments in this group which stand in my name. I fully support the points that the noble Baroness, Lady Randerson, has made. We have had to crowbar in amendments to enable us to discuss the more strategic need for the Bill. We have probably all sat down with a clerk and argued quite forcefully that the Bill is too narrow and that we need to expand it, but we have singularly failed. Despite its Short Title, it is a very narrow Bill. It seems that electric vehicles are not the purpose—it is all about charging infrastructure—and as we discussed at the start of the debate, zero-emissions vehicles are certainly not what it is about.

My Amendment 98 requires a reporting clause that tries to draw out the reasons behind the Bill, which must relate back to an increase in the use of zero-emissions vehicles. It cannot be a goal in itself to have a lot of charge points dotted around the country—that would be completely ridiculous. We must learn how we have done transition in other sectors. We should take a leaf out of the power sector book, where the Government took the reverse approach to this. We had lots of incentives for new generators of different types of power, but what lagged was the infrastructure of the grid. Here, we have the exact opposite: we are pushing out the infrastructure but have no incentives for the actual vehicles that would make use of it. We felt that the very least we needed to do was have a debate on that other aspect of this. We have to see these things moving in tandem. You need infrastructure and you need cars: infrastructure without cars equals a lot of fine kit but loss-leading, not profit-making enterprises, and companies would come in and there would be a boom and then a bust. That is not what we want or need in this sector. Therefore, a report is needed to require the Government to look back at what they have achieved and at what is happening as a result of this Bill. I suspect we could probably predict the answers, but we would like to require a report on the effectiveness of the Act and its regulations.

The report should include the number of electric vehicles on the road and that have been sold. Essentially, that is an integral part of why you want a charging infrastructure in the first place. There is a great need to ensure that we have the right ratio of charge points to drivers, so the Government’s reporting back on that seems perfectly reasonable.

In proposed new subsection (2)(b), we have asked for a report on the effectiveness of the Act in ensuring that 90% of electric vehicle drivers are within 50 miles of a rapid charger. This comes back to the point that rapid charging needs to be looked at as a strategic infrastructure question. I know that National Grid has published a plan—I suspect we will have to debate how it is paid for—to show that by using the transmission network, which nicely marries up to the motorway network, you can get to the target with strategic investment in transmission-connected chargers. That would be a class of chargers well beyond rapid chargers—super-rapid charging—and would put us at the forefront of this technology, not simply limping along following in China’s wake. A much wider approach must be taken by the Government.

You just have to look at other countries to see examples. We have mentioned China a lot but we should also look to California. It has introduced a successive series of policies to support the shift to zero-emissions vehicles. In October 2017, 340,000 zero-emissions vehicles were sold with a 4.5% market share, compared to the 0.5% market share in the UK at the moment. When California started its policy of a zero-emissions mandate, only one model was on sale; now, there are 25 models, offered by 14 manufacturers. These vehicles are actively available and on the market, not simply seen once in a showroom and then never sold. There are examples out there of how countries and regions have delivered this transition, kicked the car manufacturing sector into action and ensured that the latent demand and support from citizens for this type of vehicle is met by available and affordable vehicles.

So much more needs to be done and there is so little in this Bill. We feel that there should at least be some reporting requirements included that can flag the paucity of the Bill in its attempts to reach the goals that it says it has. I hope that something along these lines will be included.

[Lord Tunnicliffe]

My Lords, our Amendment 104 is in this group. This group is about reporting, and different ways been suggested. I hope that when she responds after my speech the Minister will offer to bring them together in the best possible mix and agree to a reporting procedure.

The proposed new clause would require the Government to lay a report before Parliament each year to consider how the regulations are working, and, specifically, the impact they are having on charge point operators, fuel retailers, the National Grid and the overall uptake of electric vehicles. The Government are intending the Bill to enable and encourage the uptake of electric vehicles, and they are right to do so. It would therefore make sense for them to review regularly whether it is actually happening and whether things need to be changed down the line. Involving Parliament in this issue would not only be beneficial for the Government but would enable them to regularly reassess their work. I am sure that the Minister would be saying that to us if our seating arrangements were reversed. We must keep the matter constantly under review and be prepared to revisit it if the circumstances require.

[Baroness Sugg]

My Lords, I very much agree that it is important that the Government take a strategic approach to encouraging and supporting the uptake of electric vehicles and the infrastructure that they rely on, that we monitor our progress against our air quality and carbon targets and that we review the effectiveness of any regulations brought forward under this Bill. I know that there is frustration about the narrow scope of the Bill, but I am afraid that it is just about electric vehicle infrastructure. It is not the extent of the Government’s work in this area.

In 2013, the Government published a strategy entitled Driving the Future Today, which set out the path towards achieving our zero-emission vehicle aims. Of course, much has changed since then—10 times as many ultra-low emission vehicles were registered in the UK last year as in 2013. While the aims of that strategy remain relevant, we are rightly considering how our approach needs to change in light of developments in the automotive sector and beyond.

As noble Lords are already aware, the Government will shortly publish a new strategy for promoting the uptake, manufacture and use of zero-emission vehicles, which will set out the Government’s vision and support for the provision of charging infrastructure for both battery electric and hydrogen cell electric vehicles to help facilitate this transition.

The strategy will go wider than just zero-emission vehicles. We recognise that it is also important to drive down emissions from the conventional vehicles that currently dominate our roads if we are to meet our ambitious climate change and air quality commitments. That includes considering air quality and carbon impacts in parallel and setting out the Government’s view on the role of different fuels in the coming decades.

With regard to Amendment 55, moved by the noble Baroness, Lady Randerson, to review the effectiveness and uptake of the Government’s incentive schemes, the department already keeps under review its existing schemes supporting the rollout of infrastructure and will take the necessary steps to encourage the installation of charge points where they are needed. Further steps will be identified on that in the forthcoming strategy.

I thank the noble Baroness for her suggestions in Amendment 70. We are also looking at the potential of lamp posts. She is quite right to say that not all of us have driveways or garages and so we need to make sure that we get on-street parking right, too. We have an on-street residential charging scheme and we are funding several local authorities to help them to install lamp-post charge points—450 this year. That is something that we are looking to develop.

On the important point of reporting against our air quality and carbon targets, which noble Lords have addressed in Amendments 98 and 99, there are already legal obligations to report and make public data on ambient air quality and emissions of a range of damaging air quality pollutants. In some cases, these obligations implement international level commitments. Of course, the national air quality plan and the clean growth strategy also set out how the Government plan to meet the UK’s air quality and climate change obligations. In addition, we are also already required to report to Parliament on progress against our obligations under the Climate Change Act 2008, of which of course the noble Baroness, Lady Worthington, was a lead author. Our ambitions to achieve a greater uptake of zero-emission vehicles is central to delivering the transport sector’s contribution to those obligations and will therefore form part of the reporting requirement.

As I have explained, the introduction of regulations will depend on the precise circumstances at the relevant time, so we are concerned that we may not be in a position to report on the impact of these regulations within the 12-month reporting period set out. The policy scoping notes set out the approximate timings for when we expect the regulations to be brought forward. I will probably follow that up in writing rather than go through the different clauses in detail now because the question of when we envisage the regulations coming in has been raised a number of times in today’s debate.

Our wider strategy for electric vehicles as well as the infrastructure to which the Bill specifically relates will be published shortly. I have mentioned the existing requirements to report against our air quality and carbon targets. We want to ensure that a requirement for reporting on this quickly moving area of technology is not disproportionate and unnecessary, but following the debate today, I will reflect on the points made ahead of Report and consider an amendment on this point. Given that assurance, I hope that the noble Baroness will feel able to withdraw her amendment.

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[Lord Mawson (CB)]

Listening to the debate I find it really interesting, but I certainly would not claim to be an expert. I can easily imagine circumstances in which we end up with many diverse charging points across the country, and not enough people buying cars to use them. I have seen many examples in other areas of government doing things and pushing forward proposals, but with disconnects on the ground.

Having a 17 year-old, one thing that I have discovered recently is the cost of insurance for that age group. We need some joined-up thinking in that respect. We live in a rural area and my son has quite an old petrol car, but the insurance for him is £1,857—a great deal of money. If we are to get the next generation of young people buying electric cars and helping us to move this agenda forward, we may need some joined-up thinking between that amount of money being invested in insurance companies and the need to trigger more purchases of electric cars, with incentives to that generation to own a better, cleaner car, which would work for them and also begin to trigger the economy. I suspect that there are opportunities in all this, amid the problems that the younger generation face—but we need more joined-up thinking to ensure that we do not have lots of power points that are not used.

[Lord Tunnicliffe]

My Lords, I shall speak briefly to Amendment 66, in my name. It would provide exemptions for operators with limited forecourt space who could not accommodate public charging points without an expansion of land, and ensure that retailers and operators did not incur disproportionate costs for complying with regulations. The general thrust of the Bill is to make more charging points available, but we must ensure that there are no unreasonable unintended consequences. I do not think the wording of the amendment is particularly good, but I would like the Minister to consider that general approach. There are a lot of powers in the Bill, and if we are not careful we may find some pockets of unreasonableness.

[Baroness Sugg]

My Lords, I acknowledge this as a particularly excellent group of amendments. These points are all key priorities that will need to be consulted on before any regulations are brought forward. As proposed in Amendments 63 and 64, it is important that the Government can specify the type of charge points being installed in large fuel retailers or service areas. It is already the Government’s intention, as is made clear in the policy scoping notes, that any regulations under Clause 10 would include details of what provision of electric vehicle infrastructure will be required to ensure that the needs of users are met, and to deliver a quick and hassle-free charging experience, similar to refuelling conventional cars today.

This would include: specifying the level of charging infrastructure, most likely to be measured by number of charge points or hydrogen refuelling points; the specification for that infrastructure, such as the minimum power outputs and the connectors of charge points—I entirely agree that we want to avoid multiple chargers, and another VHS/Betamax situation—and any other operational requirements, such as the opening hours of the charge point. Decisions on those will not be taken by the market; they will be set by regulations—but they will be informed by consultation both with the market and with users of vehicles, to ensure that we get it right.