Pedal Cyclists: Insurance

Lord Young of Cookham Excerpts

Thursday 23rd May 2024 Lords Chamber

[Lord Davies of Gower (Con)]

I am grateful for that question from the noble Lord. The Government have no plans to implement a system of licence plates for cyclists. There are over 20 million cyclists in Great Britain, and a national licensing system for all cyclists similar to the one for cars and motorcycles would be complex and expensive to design and administer. Cycles would need to be fitted with registration plates that are sufficiently visible and robust. Those would not easily be transferred from one cycle to another and the cost of administrating such a scheme would be likely to outweigh the benefits.

[Lord Young of Cookham (Con)]

My Lords, it is not a vote winner with the Young family, but what is the point of introducing new laws on cycling when we cannot enforce the existing ones—particularly new laws which would discourage children from cycling to school, which the Government are supporting with £60 million of funds?

[Lord Davies of Gower (Con)]

The noble Lord’s question is properly best directed to the Home Office in terms of enforcement, but I share his view that it does need to be enforced far more heavily than it is at this moment.

NATS: Staffing

Lord Young of Cookham Excerpts

Tuesday 19th September 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

There are plenty of questions there for me to get my teeth into. I shall focus on staffing and staffing resilience at Gatwick in the tower. Two unrelated operational incidents caused withdrawal pending review, which is a standard safety procedure, and that impacted the flow on that day. However, when NATS took over air traffic control at Gatwick in October 2022, it inherited a staffing shortage. It takes at least 13 months to train an air traffic controller at a specific airport, and as I am sure the noble Baroness realises, 13 months have not yet elapsed. We have reviewed NATS’ plans, we are continuing to do so, and we believe that progress is being made.

[Lord Young of Cookham (Con)]

My Lords, a fortnight ago, I asked my noble friend whether NATS should be liable to pay compensation for its failures in the same way as the airlines are, but she resisted. In defence, she said that NATS’ licence conditions allow penalties to be imposed for its failures. However, in a Written Answer, my noble friend told me that over the past five years, those penalties amounted only to £600,000, whereas this month the airlines have had to pay £100 million for NATS’ failures. Surely NATS should have to pay compensation in the same way as the airlines.

[Baroness Vere of Norbiton (Con)]

I thank my noble friend for his continued questions on this matter. There are 55 licensed air navigation service providers in the UK. I am not saying that all of them could look after Gatwick, because it is incredibly complicated, but it is a commercial operation, entirely separate and different from what happens in upper air space, which is what I think my noble friend was questioning me about last week. There is a contractual arrangement between the airport and NATS which will include service level agreements and, I am sure, financial penalties, but it is a commercial matter of which the Government do not have oversight.

National Air Traffic Services: Operational Failure

Lord Young of Cookham Excerpts

Tuesday 5th September 2023 Lords Chamber

Asked by

[Lord Young of Cookham]

To ask His Majesty’s Government what assessment they have made of the case for making National Air Traffic Services liable to pay compensation to customers for operational failure.

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

My Lords, the Government deeply regret the recent NATS operational failure and its impact on airlines and their customers. The incident is being investigated and lessons will be learned. NATS has an outstanding aviation safety record and is regulated against service targets set by the Civil Aviation Authority. There are incentives for NATS linked to its performance; failure to reach target levels may incur penalties and reduce the charges paid by airlines.

[Lord Young of Cookham (Con)]

My Lords, last week 2,000 flights were cancelled because of NATS’s inability to process flight plans, and a quarter of a million passengers were grounded. When airlines are responsible for delays, they must pay compensation to the passenger and pay for alternative flights, accommodation and food. When NATS is responsible for delays, no compensation is payable at all—and, worse, the airlines have to pick up the bill for alternative flights, food and accommodation, which, in this case, was £100 million. Both NATS and the airlines are commercial companies—NATS had a profit of £150 million last year—so is not the differential compensation between NATS, on the one hand, and airlines, on the other, wholly indefensible?

[Baroness Vere of Norbiton (Con)]

I am grateful to my noble friend for highlighting this issue, but I am afraid that I do not accept the premise that the two are comparable. There are elements in NATS’s current licence that allow financial penalties to be placed on it in the instances of poor performance. Indeed, as I stated in my first Answer, there is also a mechanism to reduce charges in subsequent years to the airlines because of poor performance. However, I would say that the event that happened was, thankfully, very rare; nothing similar had been seen for over 10 years. Therefore, we are very grateful for the work that the airlines did, and we worked closely with them to repatriate people as necessary.

Bus Funding

Lord Young of Cookham Excerpts

Wednesday 17th May 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I have to remind noble Lords that this is not the only money the bus sector gets; there are many other streams that should be considered. I think there is just over £1 billion in concessions; there is the existing money, £260 million, from BSOG; and obviously there is some money in the block grant. All in all, we have to be realistic about what the bus sector is going to look like in the future. It will have to adjust to new travel patterns, but there is the combination of this new funding and the existing funding, which will stay in place, and we have committed to having conversations with the operators and local authorities about longer-term measures, which will include a reform of BSOG. I would not be surprised if that reform looked very carefully at emissions from buses. One could put that in place, although an element of BSOG is already based on zero-emission buses.

All in all, I am satisfied that the sector is getting the funding it needs, and we need to work as hard as we possibly can with the operators and local transport authorities to encourage people back to buses, including those who use concessionary fares. I believe that if we do that, if we use the capital spending from the BSIP effectively, and if we have bus lanes and bus priority in the right sorts of places to improve the passenger experience, that combination of input is really good. Sitting there and saying, “Just throw money at the problem” is not it. We have thrown money at the problem. We have carefully considered how much money it needs, and we believe that this is a good future for the bus service.

[Lord Young of Cookham (Con)]

My Lords, I think that so far, the House may have been less than generous to my noble friend in the welcome they have given to her announcement. At a time of enormous pressure on public expenditure, an extra £300 million has been found to help the bus industry, and some funds going towards the caps. But I just pick up a point made by the noble Lord, Lord Snape. At the beginning of my noble friend’s announcement, she said:

“Today I can announce a long-term approach to protect bus services”.


But then, towards the end, she said that the cap would be reviewed at 30 November next year and said:

“We will also undertake a review of bus fares at the end of November to support the sector”.


Can I press my noble friend a bit more on that review? November next year may be a sensitive political time and I think the bus industry and passengers will want to know before the end of November what the outcome of that review is going to be. Will my noble friend say a little more about the review, which will have to be announced before the end of November? What is the timing of it and what is the consultation exercise that will be involved in identifying the outcome of that review? I assume it will involve consultation with local authorities, passenger representatives and operators, so a little more on the timing of that review would be very helpful.

[Baroness Vere of Norbiton (Con)]

I thank my noble friend for his welcome of this funding, this additional £500 million for the sector. Yes, he is right: November next year may well be a very sensitive political time. I suspect that the review will happen before the November period. One thing that needs to happen prior to the review kicking off is the completion of various reforms. Reforms to BSOG will be key. We will also need to see how travel patterns have been impacted by the fare cap. Again, we will be getting data back from operators as to the implications and the price elasticity of demand when it comes to fares, and whether they have encouraged people back on. So, I will write with further information if I have it, but I suspect the details of the review will become clearer in about spring next year, by which time we will have brought in some of the reforms we plan to undertake later this year, particularly around the calculation of concessionary fares reimbursements and BSOG. Those things need time to bed in, so we can see what the landscape looks like.

Public Service Vehicles (Accessible Information) Regulations 2023

Lord Young of Cookham Excerpts

Tuesday 16th May 2023 Grand Committee

These are positive regulations. They will make a difference to disabled people and to all people. Does my noble friend agree that all bus companies should be encouraged to get on side with the RNIB’s charter, which simply says “Stop for me. Speak to me”? In so many ways that sums up the right way to start any bus journey. “Stop for me. Speak to me”, and then the potential of the bus can truly be realised. These regulations could be a key part of inclusive buses connecting people and places, unleashing potential, and being part of the next chapter of positive bus travel for all members of our community.

[Lord Young of Cookham (Con)]

My Lords, I apologise for missing the beginning of my noble friend the Minister’s journey as she introduced her remarks. I very much welcome the regulations before us, which build on the PSV regulations 2000 and use modern technology to bring in improvements for those with a sight or hearing impairment. I particularly commend the department on its very thorough analysis on pages 4 to 42, looking at all the various options. I only wish that every government policy was subjected to the very thorough analysis that the Department for Transport has subjected this proposal to.

Building on what my noble friend Lord Borwick said, I do not propose to chastise the department quite so violently as he did, but page 4 in the department’s defence refers to the high volume of consultation responses and the technical subject matter as reasons for the delay—but there were only 101 responses, apart from the supportive campaign by Guide Dogs, which produced 229. Like my noble friend Lord Borwick, I wonder whether the technical matters needed to preoccupy the department for quite so long. Perhaps my noble friend the Minister could address that.

The document refers to the risk of what is called network contraction due to the cost of implementation impacting on smaller bus operators and thereby services being withdrawn. It goes on to say that the accessible information grant of £3.5 million rising to £4.5 million might mitigate this. Is the grant meant to cover all the installation costs for smaller bus operators or will they have to fund part of it themselves? If it funded all the costs, the network contraction issue would not arise, but it is not quite clear from the document whether the grant will cover all the cost or only part of it.

My noble friend the Minister said that the instrument is technology neutral. It is not quite clear from reading it whether the bus driver simply announcing the next stop would qualify. The regulations state:

“Passengers must be given the following information … at each stopping place on the route”.


It is not clear whether if the driver just announces that over the intercom it would qualify or whether there has to be some technology-based system to make sure that, as my noble friend Lord Holmes said, the driver does not just forget to announce it. Perhaps my noble friend the Minister could clear that up.

I have two final points. First, on enforcement, how would we know whether bus operators have done what they are meant to do? Will the department rely on feedback from customers? Will the traffic commissioners be proactive in going out and making sure that the bus routes in their area have the necessary kit?

Secondly, the regulations will provide information while you are on the bus, but in London at any rate, at many bus stops there is a visible sign telling you when the next bus is going to arrive. That is quite useful and I wonder whether the department has any plans to roll out that information at bus stops, which would again encourage use and build up confidence in the system. At the moment, some bus stops in London have this but not all of them. Does my noble friend the Minister have any strategy for improving the information available at the bus stop, as well as that provided on the bus? Having said that, I very much welcome this as an important step forward and I endorse what my noble friends Lord Borwick and Lord Holmes said in welcoming these regulations.

--- Later in debate ---

[Baroness Vere of Norbiton (Con)]

My Lords, I am extraordinarily grateful for all the comments from my noble friends and all other noble Lords. They mostly welcome this SI because there is nothing in it that cannot be welcomed. I also welcome the enormous experience of the noble Lord, Lord Tunnicliffe, and his description of the time when he was working at TfL and the Tube. I agree with him; it is about culture, and one of our challenges is to inculcate that culture onto the buses. I do not know how many bus operators there are—the number 140 is in my head but I cannot remember—but it is a lot. Some operators are extremely small with fewer than 20 vehicles. This is about making sure that we bring everyone along with us, although I have to say that I expect some of the big operators in the larger metropolitan areas to be very much on the front foot with this. I expect that disability campaigners and representative groups will be on their cases— I hope that they are—to get dates for implementation from those companies that, frankly, have the wherewithal to do so quickly and set an example that others might follow.

I turn to some of the comments from my noble friends. The first was from my noble friend Lord Borwick. He was duffing me up a little. The “violent chastisement” of my noble friend Lord Borwick were the words of my noble friend Lord Young. I should like to say in mitigation that I was the Buses Minister for a vast period when we as the Government were considering this SI. I was pushing for improvements and to move things faster. It was disappointing every time when, as a Minister, I had to decide whether to reprioritise and re-timeline various things.

Covid has faded into the rear-view mirror, but it is extraordinary to me how, for more than two years of my life, it was all-consuming. For that time, as Buses Minister, saving the bus at all was my absolute priority, and it was a priority for the sector. I think there were two issues why the delay due to Covid happened. First, there was reprioritisation within my department as we were coming out of Covid—and we could potentially see the endgame—and we tried to get the national bus strategy out there to help in that recovery and to provide that strategic framework that we needed. Secondly, there was the ability of the operators to be able to give headspace to the very technical and detailed arrangements that they needed to consider to make these regulations right. Frankly, they were more concerned about keeping the buses on the road, keeping the drivers trained and recruiting drivers—all of the challenges that have either happened during Covid or subsequently.

While it is always regrettable when one has to deprioritise anything because there are other more pressing issues, having a stable bus network was the right priority at the time. I wish that we had been able to do everything at once but sometimes in Government, one just cannot. When it comes to these regulations and the technicality around them, it is because buses are not standard, and they can come from all sorts of manufacturers in various parts of the world. Therefore, there had to be a reassurance that whatever we put in the regulations worked on the buses that were available. Of course, the older buses are not particularly standard at all—some of them have very random seat configurations —and they often operate on the rural routes, the less profitable routes, or sometimes the supported routes by local transport authorities. They are the ones with the greatest vulnerabilities—so it is about getting that balance right between implementing those very important changes while making sure that we maintain all the benefits of buses which all noble Lords have already discussed today.

This was particularly reflected in the comments by my noble friend Lord Holmes in the way that buses can be the most inclusive form of transport and they are the best-loved form of public transport in our country. I thank my noble friend Lord Holmes for his positive remarks; he has been an assiduous campaigner in this area for many years. I completely agree that these benefits are for all people. There cannot be a noble Lord in this room who has not forgotten to get off the bus at some point or another. Our reflections in our analysis show that we do believe this will encourage more people on to buses—not just those with disabilities, but other people too as they feel reassured about the information provided on their journey. This is part of the mitigation for the cost of putting it in place in the first place.

My noble friend Lord Holmes also mentioned Northern Ireland. The matter of equalities is devolved to Northern Ireland. However, Translink, the bus operator there, has got audio-visual equipment widely deployed on its buses. I would encourage anybody to go to Northern Ireland, because it is a fantastic place for a holiday. Extra information can be added, but that is up to the discretion of operators. As I said previously, we expect some sort of increase in patronage as a result of this. It is difficult, obviously, to put a firm figure on it, but we do think it will be a positive outcome.

On floating bus stops, the Department for Transport is undertaking some research to ensure that they do the job they are intended to and can be operated safely. My noble friend Lord Holmes also mentioned bringing forward the review of the regulations. It is our intention to review them after five years, but noble Lords will be able to see our progress due to the annual bus statistics. This is a key document issued by the department, which collates all sorts of interesting information about buses, whether they are zero emission et cetera. One of the stats that we will put in that will be the extent to which this is being rolled out. I think that will enable the Government to think about whether it is going quickly enough.

My noble friend Lord Young mentioned support for smaller bus services. It is envisaged that the roughly £4.5 million will cover all the costs of implementation for those operators with fewer than 20 vehicles, which is incredibly welcome. He asked whether the bus driver could just shout, but visual information needs to be provided as well and the two often go hand in hand, so I do not think it would fulfil the requirements in the regulations for the bus driver just to shout.

[Lord Young of Cookham (Con)]

I am looking at Regulation 13, which is entitled “Requirements regarding audio information”. There is a lot about the volume, but it does not say that the information must come from a machine; it seems that it could come from the driver. I do not see where Regulation 13 excludes the driver providing the information.

[Baroness Vere of Norbiton (Con)]

This might be one of those grey areas. My officials say that it is right that the driver could provide the information, but there is a minimum and a maximum volume for that information. I suppose that the driver could provide it, but I do not think this would be widespread across the bus industry, given that much of the technology links audio and visual together and the computers behind it project that information at the same time.

Information at bus stops is a key part of the national bus strategy. It is not the responsibility of the operators; they provide the information that is used for those real-time scoreboards at bus stops, but bus stops are operated by local transport authorities, as I am sure my noble friend knows. The BODS is the DfT’s means of collating as much real-time information as is available and making it available to local transport authorities, which can then put it into bus stops. Some of the BSIP funding we issued to successful local transport authorities recently will go into boosting the information at bus stops. I agree that it is very helpful to know when your bus will arrive.

The noble Baroness, Lady Randerson, mentioned contrast. There will be further information on that; we have discussed it with campaigners and representative groups in this area. It will be in the guidance, which will come out this summer. There will be training for drivers; it will not be centralised as such, but the operators will be encouraged to make use of the REAL training syllabus and can sign up to the inclusive transport leaders scheme to make sure that staff have the knowledge and skills to support all disabled passengers.

The regulations apply to a service and not a vehicle. Therefore, if a vehicle is being used in different services—it might sometimes be running a scheduled service and sometimes be doing something else—it would still have to provide the information set out in the regulations.

I shall finish on enforcement, as I am conscious that I have spoken a fair amount. There are two main ways of enforcement. First, the Government will be able to check progress via the annual bus statistics, which come from industry, so we can chivvy people along as such. However, if elements go wrong for a certain customer or there is persistent non-compliance on a particular route or vehicle or by a particular operator, we would expect that passenger to escalate a concern to Bus Users UK outside London and to London TravelWatch inside London. That is the standard method; in my experience, passengers are very good at escalating concerns, particularly as this is such an important issue. We expect that bus operators will want to make their passengers aware of when they have fitted this technology in their area.

Great British Railways

Lord Young of Cookham Excerpts

Tuesday 25th October 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I completely agree with the noble Lord.

[Lord Young of Cookham (Con)]

My Lords, further to my noble friend’s reply, while understanding the reason for postponing the legislation, can she confirm that it will not stop worthwhile reform, such as simplifying ticketing, introducing more e-tickets, replacing diesel trains on branch lines with battery electric trains and other steps such as providing more real-time information about trains?

[Baroness Vere of Norbiton (Con)]

I can absolutely assure my noble friend that the Government are hard at work with the train operating companies, Network Rail and everybody in the railway industry to make sure that as much progress that can be made is being made. For example, the accessibility audit of all railway stations is now well under way and should yield really good results for accessibility in the future.

Airports: Delays

Lord Young of Cookham Excerpts

Thursday 30th June 2022 Lords Chamber

Asked by

[Lord Young of Cookham]

To ask Her Majesty’s Government what assessment they have made of the impact of recent airport delays.

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

My Lords, Ministers have been very clear that the current situation is unacceptable and that passengers must be properly compensated where applicable. We are working closely with industry as it resolves the current issues and today the Transport Security announced a set of 22 measures that this Government are taking to support the aviation industry.

[Lord Young of Cookham (Con)]

I am grateful to my noble friend. Responsibility for the chaos rests primarily with the airports, which are not providing the necessary support services, and with the airlines, which cannot provide the flights that people have paid for. To improve the industry’s response, a fortnight ago my noble friend set up a strategic risk group to meet weekly. Can she tell the House what fresh solutions that group is working on to minimise disruption to holiday travel; in particular, is it looking at lifting the restrictions on night flights?

[Baroness Vere of Norbiton (Con)]

My noble friend is absolutely right. The strategic risk group is now well under way. It meets weekly at the highest level. It is a CEO-level meeting with the Aviation Minister. It is working on all of the mitigations to the risks as they become higher up the priority list and therefore more urgent. The 22 measures are some of the things that have resulted from the strategic risk group and, indeed, from other conversations that are happening, particularly on the operational side of matters. On night flights, the Government are well aware that there is always a balance between the aviation travelling public and the communities that live and work near airports. The current rules extend to October 2025 and the Government have no plans to change them.

Highway Code (Rule 149)

Lord Young of Cookham Excerpts

Wednesday 6th April 2022 Lords Chamber

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, I am delighted to support the regret Motion in the name of the noble Baroness, Lady McIntosh. I was weaned on the Highway Code, and when I was taught to drive by Durham Constabulary many years ago the Highway Code was an integral part of the training.

Your Lordships will know that the Highway Code is not law. A breach of the code is not a crime per se. However, it is important to understand that a breach of the Highway Code can be used as evidence to support a prosecution for the commission of an offence such as careless driving or dangerous driving.

Obviously, the code needs to be revised from time to time, and the public are entitled to think that a new code will reflect the realty of life on our public roads. Furthermore, I recently spoke on an Oral Question on e-scooters, when I described their introduction on public roads as

“a catastrophe waiting to happen”.—[Official Report, 8/2/22; col. 1390.]

There have been a number of deaths already during the pilot use of e-scooters, and there appears to be little or no guidance or regulation available on their use. Privately-owned scooters cannot be used on public roads, but this appears to be more honoured in the breach than the observance.

This is an area of road safety that is crying out for regulation and guidance. In my view, it is the greatest threat to public safety in a generation. There have been two changes to the Highway Code recently, within weeks of each other, presumably requiring additional print runs, and yet there is no reference to e-scooters in the new code, as the noble Baroness, Lady McIntosh, said.

The Highway Code should be taught in schools—I hope it is. In any event, it should cover contemporary changes in the use of the road before they are implemented. The current, updated code fails massively in this regard, and I ask the House to support the Motion in the name of the noble Baroness, Lady McIntosh.

[Lord Young of Cookham (Con)]

My Lords, I begin by commending my noble friend Lady McIntosh for bringing this important matter before the House this evening, and for the diligent research she has done in forming her speech. I agree 100% with what she said at the beginning about cyclists who ride dangerously. I have no time for them. They bring into disrepute the vast majority of cyclists who behave responsibly, and they give us all a bad name.

My noble friend raised the important issue of why the measure before the House does not apply to cyclists. I hope that when my noble friend Minister replies, she can confirm that cyclists who ride while using their mobile phone can be prosecuted, perhaps under some other legislation than that before us. Of course, cyclists are slightly different in that, whereas a motorist can have points on his or her licence for the offence, that does apply to cyclists, who do not need a driving licence. Can the Minister reassure both my noble friend Lady McIntosh and me that cyclists who risk their own lives as well as being a danger to pedestrians by talking on their phone can be prosecuted under legislation?

My final point, to pick up on a point made by previous speakers, is about e-scooters. It seems to me that the best way to handle e-scooters that are illegal is simply to confiscate them. They are portable and quite easy to put in the back of a police van. By definition, that would prevent a reoffence by that person with that scooter. I wonder if my noble friend has any statistics on whether there are more e-scooters in London now than, let us say, three or four months ago. My impression is that the exponential growth has perhaps stopped, but that may just be my own perception. Could my noble friend say what guidance is given by the Metropolitan Police to officers on the beat for when they see an e-scooter that is not a legitimately rented one? What are their instructions? How are they meant to deal with what is manifestly an offence? Having said that, I welcome the provisions before the House this evening.

[Lord Snape (Lab)]

My Lords, I too congratulate the noble Baroness, Lady McIntosh, on introducing this Motion. I have previously made my views about e-scooters plain, and I shall not bore the House by doing so again.

I know it is the Minister’s job to defend the wretched things, but I can see no purpose in them. The last time we had a debate about them, she said—again, I understand why—that they are seen as another method of transport and as an alternative to the overuse of the private car; I do not think she used those words, but I shall use them now. Perhaps I can look forward to going down to the other end of the building and, when I pass Speaker’s Court, instead of a line of ministerial limousines seeing a rack of e-scooters, and I will watch the noble Baroness—I am not sure what will happen to her red box—sail out of Carriage Gates on an e-scooter. I do not think it is likely to happen, and I am not sure that it should, given her ministerial responsibilities.

So far as the Motion itself is concerned, I differ slightly from the noble Lord who has just sat down. The noble Lord was known as the Bicycling Baronet in his younger days.

[Lord Young of Cookham (Con)]

The Bicycling Peer.

Draft Revision of the Highway Code

Lord Young of Cookham Excerpts

Thursday 27th January 2022 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate the noble Baroness on securing this debate and on so ably setting out the changes, on which I will not elaborate. It is not entirely clear whether cyclists or drivers of e-scooters will be covered by these changes as well, so I hope that the Minister might address that in her reply. Does she agree that one of the difficulties of the present Highway Code—and, in particular, with these current changes—is that cyclists can, on occasion, display insufficient regard for other road users. I echo what the noble Baroness, Lady Jones of Moulsecoomb, said about insufficient awareness.

I speak from the vantage point of a rural dweller who travels on country lanes a lot by car rather than by bicycle, particularly in North Yorkshire and County Durham. What concerns me is that, if I understand the Highway Code changes correctly and cyclists are to be asked to cycle in the middle of a country lane, it is going to be impossible for other road users to pass them safely. I want to flag this up to my noble friend the Minister, since in the pubs and tea rooms of North Yorkshire people will talk of little else until these come into effect. It would be helpful to know whether that is the case. Also, with regard to cycle lanes in cities, is it the case that cyclists are now requested not to use them if they do not feel safe but to revert to using the lane?

Finally, my noble friend is aware of my Bill to amend the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988, extending the Road Traffic Act 1988 to include the offences of causing death by dangerous cycling, causing serious injury by dangerous cycling and causing death by careless or inconsiderate cycling. The reason why I raise this in the context of the Highway Code is to ask whether we require primary legislation to make these changes. I was delighted to hear the Secretary of State announce that the Government are now prepared to make these changes. Do we need legislation? Can I lay my Bill to rest, or do we actually require primary legislation? If so, when do the Government intend to bring that legislation forward?

[Lord Young of Cookham (Con)]

My Lords, as a former Secretary of State for Transport and a keen cyclist, I very much welcome the new Highway Code and congratulate my noble friend and her colleagues in the department on producing it. It makes a very sensible adjustment in terms of the trade-off between pedestrians, cyclists and horse riders on the one hand and those driving cars and motor vehicles on the other. As such, it goes with the grain of the Government’s overall transport policy of promoting sustainable forms of transport. My only reservation, which has already been touched on, is not about the measures themselves but about the information vacuum that has been filled by some inaccurate press reporting, which I will come to in a moment.

Four years ago the Government committed to revising the Highway Code to improve safety for pedestrians and cyclists. Cycling UK, along with Living Streets and others, put forward proposals that were then refined by the snappily named Highway Code review stakeholder focus group. These went out to consultation, and what is before us basically reflects those proposals.

I welcome the principle that those using the roads in vehicles with a greater potential to endanger others have a greater responsibility to avoid doing so, which seems to me to be self-evident. I welcome the advice to cyclists to stay away from the edge of the road and from potholes and parked cars. This has actually been the advice given to cyclists for the past 16 years in the government-backed Bikeability training scheme, but it has only just made it into the Highway Code. It does not advise cyclists to pedal in the middle of the road or to ride two abreast all the time, but it does say that that can happen in certain situations when it is safer to do so.

On cycle lanes, which I welcome—indeed, I successfully campaigned for the first one in Hyde Park in the 1970s—perhaps cyclists should be encouraged to use them where we have them. I know that car users are irritated to find cyclists on the road when there is a parallel cycle lane. The relevant rule 140 says:

“Bear in mind that cyclists are not obliged to use cycle lanes or cycle tracks.”


Perhaps an additional few words could have been added, saying, “But they are strongly advised to do so, not least for their own safety.” Related to that, could my noble friend alert local authorities to the opportunity to redesign junctions crossed by cycle tracks, giving them priority over vehicles turning across them?

My concern, shared by others, is that so far there has been an inadequate public awareness campaign to publicise these changes. We have seen stories that drivers will be fined £1,000 for opening a door with the wrong hand, which simply are not true. I welcome the proposed factual awareness campaign. I would be grateful if my noble friend could perhaps concede that there could have been more publicity before the scheme came into effect—as happened, for example, with the publicity before the Covid regulations were passed, so there are precedents. Can she say a little more about the timing and the budget for phases 1 and 2 of the public awareness campaign?

Against that background, I very much welcome the new Highway Code.

[Baroness Hodgson of Abinger (Con)]

My Lords, I thank the noble Baroness, Lady Jones of Moulsecoomb, for securing this debate. As has been mentioned, this statutory instrument enables the proposed revision of the Highway Code aimed to improve safety for cyclists, pedestrians and horse riders when using the highway, but 71% of the members of IAM RoadSmart, the UK’s largest road safety charity, feel that it will increase conflict.

E-scooters

Lord Young of Cookham Excerpts

Thursday 20th January 2022 Grand Committee

[Lord Young of Cookham (Con)]

My Lords, I congratulate my noble friend on introducing this debate, which has been monopolised by seven Conservative Back-Benchers. It is a very timely debate because, as we have discovered, we are trying to identify the correct new regime for e-scooters. I will take a slightly more nuanced view than some of my noble friends—and I do so as a former Secretary of State for Transport.

Where I entirely agree with everything that has been said is that we need to minimise this interregnum where there is widespread illegal use of e-scooters, alongside legal use of rented e-scooters. We have listened to the questions. What do the police do? Do they intervene only if an e-scooter is being driven dangerously? Do they stop somebody and warn them that it is illegal? Do they confiscate the e-bike? Or do they simply turn a blind eye, in which case the law is brought into disrepute? We need clarity on the final regime as soon as possible, and then enforcement.

On 24 December, the Government said they were extending several trial areas to November this year. They then have to evaluate the scheme and legislate, so what is the earliest date by which we can have a final regime, which we can then begin to enforce? What is the target date?

As for what the regime should look like, I have travelled to Westminster on two wheels for the best part of 50 years—although the wheels have a longer circumference than those on an e-scooter—so I am aware of both the benefits and the hazards of two wheels. The benefits are the speed, the certainty of the length of journey, the flexibility, the economy and the scope for replacing car use. Nottingham launched a trial zone for e-scooters in October, which saw 1 million rides in the first 12 months. The latest citizen research by the TIER project showed that 17.3% of rides replaced car journeys.

On the other hand, we have heard about the risks and hazards, not just to the rider, which can be reduced by high-visibility clothing and observing the Highway Code, but, more importantly, to other road users and pedestrians. There is no excuse whatever for riding on pavements or for anti-social behaviour.

Looking ahead, my view is that we should live with the e-scooter. While I understand all the problems outlined by my noble friends, I am not in favour of banning them. If we are to ban activities—something deeply un-Conservative—I would choose smoking before e-scootering. A ban would be an unnecessary barrier to the promotion of an individual and popular mobility scheme, which can complement public and private transport.

Having said that, I agree with my noble friends that we need parameters. I have been overtaken by someone on an e-scooter going twice as fast as the 15 mph that I do on my bike. The Dualtron e-scooter has an advertised top speed of 68 mph. I favour a maximum speed limit, as with e-bikes.

On licensing, at the moment you do not need a driving licence for an e-bike; you just have to be 14. But you do need one, even if provisional, to ride a rented e-scooter legally, as my noble friend Lady McIntosh said. If we have licences for one, we should have them for the other, and on balance I am not in favour of driving licences for either e-scooters or e-bikes. If you need a licence for an e-bike with a top speed of 15 mph, what about bicycles that go twice as fast? If we are to make it compulsory for e-scooter riders, capped at 15 mph, to wear helmets, what is the logic of exempting cyclists, who can go much faster?

Finally, I think you should be able to buy e-scooters and not have to rent them—but why are nearly all of them made in China? I understand why the trials are restricted to rental projects, but I see no reason for subsequent restrictions, which would constrain the beginning and end point of each journey because you have to dock the scooter. Owned scooters are less likely to be left around, and are likely to be ridden more carefully. I hope that these points might be taken on board.