Net Zero Targets and Decarbonising Transport

Matt Western Excerpts

Tuesday 4th February 2020 Westminster Hall

[Damian Hinds]

My hon. Friend is not only an advocate for walking and cycling but, in his high-vis jacket, a very visible advertisement for it. He is absolutely right, and that is another type of modal shift. Holland is in a slightly different position, in that it is a lot flatter than this country, which makes a huge difference. That should not take away from the fact that there are plenty of places in this country—London is one of them—that are pretty flat, and where there could be more cycling. Throughout our country, there is an opportunity for more walking and cycling. Those things have great benefits beyond decarbonisation, in terms of health, fitness and being outdoors.

[Matt Western (Warwick and Leamington) (Lab)]

To echo the point made so well by the hon. Member for Cheltenham (Alex Chalk), something like 80% of journeys are less than 2.5 miles. Therefore, if we can make a modal shift, so that that type of journey is made by bike, on foot or by public transport, we will make a huge difference.

[Damian Hinds]

I will let that point hang in mid-air because, like the points made by my hon. Friend the Member for Cheltenham (Alex Chalk) and the hon. Member for Ceredigion (Ben Lake), it is spot on. Those things are all part of the mix.

On electric vehicles and the infrastructure network, there is quite a spread in the concentration of publicly available charging points in local areas. That is partly because some areas have more on-street parking than others. Some have more off-street parking, and we would expect more private charging points there. The conventional wisdom would suggest that we should look at the places that have a low concentration and try to get them up. Actually, I think there is an argument the other way: places that already have quite a high concentration of charging points benefit from network effects, and we could concentrate on building up the number of electric vehicle users there. They are in very different types of places. London has a significant concentration, but so does Milton Keynes, Dundee, Oxford, West Berkshire and South Lakeland. A wide variety of places have relatively high concentrations of charging points relative to the population.

On regulation, I hope that the Minister will be able to say more about the required availability of charging points in new-build homes. I also hope that he will say something about electricity tariffs and ensuring that all domestic consumers can benefit from lower-cost electricity overnight, when the market rate is cheaper, in order to charge vehicles. I think this is outside the remit of the Department for Transport, but if fleet buyers create an extra surge of demand for electricity in one particular area, who bears the cost for upgrading the kit?

Most important of all on the issue of consumer acceptance is the fact that the product has to be in the consideration set. Whatever other cars consumers look at buying or hiring, they should at least think about an electric vehicle. Therefore, just getting people behind the wheel of one of these cars to try them out is a great opportunity. I wonder about the potential of a mass test-drive campaign across the country.

We should also think, perhaps less ambitiously, about the role of the dealer. We have concentrated an awful lot on manufacturers and consumers, but we have not thought much about the car salespeople.

Portishead Railway

Matt Western Excerpts

Wednesday 16th October 2019 Commons Chamber

[Chris Heaton-Harris]

I do recognise the work of the Mayor of Bristol that the hon. Gentleman details and I can give him that commitment.

[Matt Western (Warwick and Leamington) (Lab)]

Bristol and that area is a fabulous part of the country—I used to live there. The Portishead line is a microcosm of the problem in many regions across the country. Does the Minister agree that one of the great challenges, as we have just heard, is that if we are to improve air quality in our urban areas—our city centres and so on —improvement in sub-regional transport, as exemplified by this project, is critical? Does he see that as a greater priority than HS2?

[Chris Heaton-Harris]

I will deftly pass on answering the last part of the hon. Gentleman’s question, but I do absolutely see that as critical—100%. That is why we stepped in to provide £31.9 million to bridge the funding gap for the Portishead line element of the project after costs increased.

I thank my right hon. Friend the Member for North Somerset for acknowledging that that support was over and above what was expected from the Government, which I hope shows our commitment to seeing the line reopened. That support is, obviously, subject to my Department receiving a full business case that demonstrates the benefits for passengers and successfully passes through the Department’s rail network enhancements pipeline process, as he described. That is a process, not an excuse to cancel. I assure him that it will be used as it would be for any other scheme.

I am pleased to say, as my right hon. Friend notes, that the business case for the scheme is looking positive. It is currently at the outline business case or design level. Work is under way by North Somerset Council and the West of England Combined Authority to develop the scheme further to a full business case.

Once that work is concluded and the outcomes of the development consent order are known, the business case will be assessed to ensure that it delivers sufficient passenger benefits and offers value for money for the taxpayer, to inform the Department’s final investment decision. That approach will ensure that we are confident in our decision making, and it is in line with the Government’s approach to funding all major improvements to our railways.

My right hon. Friend will be pleased to hear that outline designs for the project are being been completed and feasibility works are under way to look at timetabling and how the new Portishead services will fit around existing train services in Bristol. Network Rail is continuing to develop strategies for the construction and future maintenance of the line. My officials and I will continue to work closely with the West of England Combined Authority and North Somerset Council to support the delivery of all elements of MetroWest as quickly as possible and to ensure the best possible outcomes for the Greater Bristol area.

Our transport investment in the Greater Bristol area, and our work with local authorities to improve transport in the area, does not stop there. My Department last year committed to jointly fund the Greater Bristol area rail feasibility study with the combined authority, which will conclude shortly. The purpose of the study is to address transport priorities in the area, assess the feasibility of a number of proposals and support delivery of a local transport network that can be locally run and sustainable.

The study is looking at a wide range of areas such as station improvements, light rail and tram-train options in the Bristol area and a passenger demand study. That is a positive step towards developing a shared long-term vision for transport in the area and determining how best to meet the needs of passengers, the rail industry and all interested stakeholders. We will continue to support local authorities in the area, again because rail in the Bristol area and the west of England is a priority for the Government and the subject of significant investment.

I am aware of the benefits of reopening the railway to Portishead and of the need for an improved local rail service in the area. I look forward to continuing to work with the combined authority and North Somerset Council to support the scheme’s delivery.

My right hon. Friend asked whether other options such as light rail could be considered. No, this is a rail solution—a heavy rail solution. He also mentioned the Sustrans plans for the local area. I met the chief executive officer of Sustrans today, and I look forward to developing all the proposals with that organisation that will get people out of cars and on to bicycles and, we hope, walking as well.

I should conclude, before I am timed out, by thanking everybody who took part in the debate. I thank my right hon. Friend again for securing this debate on the future of Portishead railway. I hope that, like me, he feels it has a very bright future indeed.

Question put and agreed to.

Oral Answers to Questions

Matt Western Excerpts

Thursday 18th July 2019 Commons Chamber

[Ms Ghani]

The hon. Gentleman has mixed up two distinct types of services: community transport, and regular bus services. Over £1 billion is spent on concessionary travel, and over £250 million directly on bus service operators grant. If he wants to sit down with me and get further ideas on how his local authority can secure a partnership, I am more than happy to do that.

[Matt Western (Warwick and Leamington) (Lab)]

6. What recent estimate he has made of the resources required to implement his Department’s cycling and walking investment strategy.

[John Woodcock (Barrow and Furness) (Ind)]

16. What recent estimate he has made of the resources required to implement his Department’s cycling and walking investment strategy.

[The Minister of State, Department for Transport (Michael Ellis)]

Spending on cycling and walking in England has doubled from £3.50 per head to around £7 per head over the current spending review period. The Government estimate that around £2 billion will have been spent on measures to implement the strategy between 2016 to 2021 alone.

[Matt Western]

While I welcome that increased investment, the Department has acknowledged that “current policy and resource levels will not enable the current aim of doubling the number of trips made wholly or partially by cycling to be met”, including in my own constituency of Warwick and Leamington. Will the Minister meet me and my parliamentary neighbour, the right hon. and learned Member for Kenilworth and Southam (Jeremy Wright), to discuss a particular project, namely the Kenilworth to Leamington cycle route, which is in desperate need of investment?

[Michael Ellis]

I am always very happy to meet the hon. Gentleman. I would point out, however, that as well as the doubling of investment in cycling and walking and the £2 billion, we channel money from the Department for Transport and the Government to local authorities such as his so that there is even more money for them to allocate to cycling and walking.

Active Travel

Matt Western Excerpts

Tuesday 9th July 2019 Westminster Hall

[Matt Western (Warwick and Leamington) (Lab)]

I congratulate the hon. Member for Witney (Robert Courts) on bringing forward this clearly important issue. Like him, I sit on the all-party parliamentary group for cycling. I am a keen cyclist; according to The Sun on Sunday, I am a “fanatic”—I am not sure how that came to be. I would say I am an advocate; let us leave it at that. In that vein, I put it on record that I am a member of my local Cycleways group, which I congratulate on its campaigning work, as well as Sustrans. It is important that we have such bodies who speak out and campaign in these areas.

We have heard about the generic benefits we can get from cycling: the great health advantages, both mental and physical; the reduction in congestion as a result of using existing capacity more efficiently; and the improvements to air quality from taking more polluting vehicles off the road. That is particularly relevant to my constituency, which sadly every few weeks registers the worst air quality in the country.

We have also heard about how the lack of safe provision on our roads is deterring new cyclists and road users from taking up a really important form of transport. Last week’s tragedy in Battersea, in which a young design student, Giovanna Cappiello, was killed, is a reminder of how vulnerable people can feel. Our thoughts are with her friends and family. The priority must be to make our routes, particularly routes to schools, safe, to encourage behavioural change, and to encourage the next generation to think about how they move.

Let me focus briefly on a scheme in my constituency and in Kenilworth, which adjoins it. The Kenilworth to Leamington scheme is a three-mile route that has been talked about for 20 years, although no progress has been made. I believe it would be transformational. It would cost just £3.5 million, including a bridge that would cost £1 million. A petition has been signed by more than 1,000 people. The route would enable students and academics to access the University of Warwick from the town of Leamington far more easily. That would reduce queues and congestion, particularly on the A425. I encourage Warwickshire County Council to look closely and favourably at this scheme, because its expenditure on cycling is a fraction of the £7.50 average.

Infrastructure is holding us back, but as we have heard, a revolution is coming, particularly through e-bikes. In Germany, 960,000 e-bikes were bought last year. That compares with 64,000 in the UK, which was up by just 1,000 on the year before. France has a subsidy of €200 for every e-bike. That is driving active travel, particularly among women, who make up 58% of participants, while 21% of those who use the scheme are retired. Half of e-bike trips replace a car trip; that is the advantage. We need a revolution.

Bus Drivers’ Working Hours

Matt Western Excerpts

Thursday 6th June 2019 Westminster Hall

[Matt Western (Warwick and Leamington) (Lab)]

I beg to move,

That this House has considered local bus drivers’ working hours.

It is a pleasure to serve under your chairmanship, Sir Graham.

Back in February I brought forward my ten-minute rule Bill raising the issue of local bus drivers’ working hours. It asked for two things: a change to working hours and an increase in more robust, independent medical checks for bus drivers. I do not believe that our current laws around the working hours of bus drivers are keeping our public safe. The Bill that I put forward, to which this debate relates, simply seeks to limit bus drivers on local routes to driving for no more than 56 hours in any one week and 90 hours in any two consecutive weeks. Doing this would bring the hours worked into regulatory alignment with those for long-distance bus and coach drivers, and for heavy goods vehicle lorry drivers. Some would say that this is simple common sense. Let me put it like this: how can a packet of cornflakes have more chance of safe arrival at its destination than a child on a bus?

I proposed the Bill in response to the terrible tragedy in Coventry city centre in October 2015, and in particular in memory of the two individuals who died in that accident: seven-year-old Rowan Fitzgerald and 76-year-old Dora Hancox. I pay tribute to Rowan’s family, Natasha, Barbara and Liam, who have joined us today. I thank them once more for their courage and encouragement, and before them I recommit myself to ensuring there is an important legacy from their terrible loss. That is why we are pushing for Rowan’s law—so that the rules around local bus driver working hours are made consistent with those for long-distance bus and coach drivers, and HGV drivers.

Many others were injured that day, including Rowan’s cousin Paige, but it could have been even worse. Were it not for the brave actions of Teil Portlock, who managed to disperse the pedestrians outside the Sainsbury’s, many others would have been killed or seriously injured. For the benefit of the Minister, may I describe what happened that day in Coventry? It was a busy Saturday afternoon. The video shown at the inquest revealed how the tragedy could have claimed more lives. In it, the bus careers across the main road, striking another bus and then a lamppost, before hurtling down a pavement and ploughing into a bus stop and the supermarket. As I have said repeatedly, it was an absolute inevitability that such a tragedy would happen.

The driver that day was Mr Chander, a 77-year-old male, of Leamington Spa. In the year leading up to the fatal accident, Mr Chander had worked an average of 47 hours per week. That statistic disguises the number of hours worked during busy periods, namely school term time. At those times, he was frequently working in excess of 56 hours a week and could drive school specials. These hours are long by any measure, particularly for a driver in his mid-70s. In the four weeks leading up to the crash, he had driven 62 hours, 76 hours, 76 hours and 72 hours respectively, which was an average of 72 hours a week over that period. That was despite his shocking safety record and some 16 written complaints from passengers, who, over the preceding couple of years, had contacted the company to register his erratic behaviour and innumerable incidents. Those hours are entirely legal under current UK law, and that is what many of us are seeking to address.

This issue is not new, and the crash in 2015 could have been prevented. Back in March that year, before the tragedy, my right hon. Friends the Members for Islington North (Jeremy Corbyn), and for Hayes and Harlington (John McDonnell), proposed such changes through an early-day motion. That was four years ago. Currently, British laws limit bus drivers’ hours on local routes of less than 50 km to 10 hours of driving a day, with no weekly or fortnightly limit, except that in any two consecutive weeks there must be at least one period of 24 hours off duty. That means it is entirely legal for a local bus driver to drive 130 hours over two weeks. If you extrapolate that, a driver could work 260 hours in under four weeks, which would be extraordinary.

Under EU law, a long-distance bus or lorry driver cannot drive for more than 56 hours a week, or more than 90 hours over two consecutive weeks. I believe this tragedy could have been avoided if driving hours for local bus drivers had been capped at 56 hours a week, and no more than 90 hours over two consecutive weeks, as is already the case for long-distance bus and HGV drivers.

When the family and I met the Minister, just a month ago, she shared with us Department for Transport data that showed that bus drivers drive an average of 42 hours a week. I believe that hides the reality and what is happening at the extreme margins. It is reported that 10,000 bus or coach drivers are working in excess of 56 and a half hours per week, and that 42,000 drivers—some 40% of total drivers—are working in excess of 90 hours per fortnight on average.

Part of the issue is that drivers are seeking recompense for depressed earnings; they have seen their wages reduce, relative to other drivers, such as train or tube train drivers. That divergence, where there was once parity, is a great cause of the additional hours that have been worked. It means that on average bus drivers work nearly six hours per week more than average workers.

The Bill proposes moving to EU regulations that cover total hours worked, but also includes proposals to bring changes to mandatory breaks that would ensure a break of no less than 45 minutes would be taken after no more than four and a half hours of driving. At present, the entitlement to a 30-minute break after five and a half hours behind the wheel often results in drivers taking smaller breaks or none at all due to congestion on the route or other factors beyond their control. Also, it is not realistic to think that a driver can obtain proper rest and refreshment in that timeframe, after five and a half hours of driving passengers on often complicated routes, with frequent stopping.

Importantly, the changes to hours in the Bill should be introduced by employers at no detriment to bus drivers’ pay. The culture of long hours amongst bus drivers is accompanied by low rates of pay, which places on drivers a dubious incentive to work overtime. Regulations must prevent this, but must also ensure that bus drivers are paid properly for the essential public service they provide. This is important at a time when operators are cutting unprofitable routes and local councils are cutting funding to bus services. This all sounds obvious, particularly when looking at the regulations that apply in other European countries, but it is why so many of us are calling for change. I applaud Rowan’s family for their petition doing just that. It already has 2,800 signatures, mostly local, but I am sure the number will build as this campaign makes further headway.

Since I spoke to my ten-minute rule Bill, the family and I met with the Minister responsible for buses, who disappointingly cannot be here today. It was an emotional meeting. The Minister said she would look into this; I appreciate her honesty and her commitment to doing that. I have met representatives of the relevant unions to garner their views. The TUC, GMB and National Union of Rail, Maritime and Transport Workers all back this change, as does the Mayor of Greater Manchester. I met those responsible at Transport for London to hear their concerns, and to try to better understand the reasons behind the 16 or 17 deaths per year, on average, involving buses on the capital’s streets.

[Mr Jim Cunningham (Coventry South) (Lab)]

The accident happened in my constituency; I thought it only right and proper to come along today to support my hon. Friend. The accident is a by-product of deregulation about 30 years ago. I am surprised that the Government have never adopted the EU regulations. I support my hon. Friend and I extend every sympathy to the families of those killed in the accident. I hope that the Government will, for a change, take action, rather than drag this out so that, at the end of the day, nothing changes. That would be no comfort to the families concerned. Earlier this year, I met my hon. Friend and members of the victims’ families right here in Westminster Hall. We support them all that we can. I congratulate my hon. Friend on securing this debate.

[Matt Western]

I thank my hon. Friend for his intervention. I agree with him entirely about the marketisation of the bus sector, and the pressures that that has put on bus drivers and the hours that they work, and the pay and working conditions that they suffer as a result. Of course, that does not apply to tube drivers, for whom that has not been allowed to happen. We have seen widening divergence in tube driver and bus driver pay in the capital; it is a good example of what has been allowed to happen through marketisation of local bus services. I thank my hon. Friend for coming today. I know that many others hoped to be here, and were it not for the by-election in Peterborough, I am sure a great many more would have been here. Unfortunately, that is just a scheduling problem.

When I met Brake, the road safety charity, it was extremely impressed by the campaign and put its full support behind it, as did London Bus Watch. Sir Graham, you will not be surprised to learn that many bus drivers have approached me to share their stories and the reality of what is happening under existing legislation. Across the country, their responses have been clear and consistent. For example, a bus driver in Cornwall drives on a route longer than 50 km, so it should come under strict EU rules for long-distance drivers, but the local company exploits a loophole and splits the route into three, so that the same driver can continue the route and they do not have to comply with EU working hours restrictions—a simple example of how companies work the system. In Liverpool, a driver who used to work for Stagecoach said that drivers were regularly forced to work 12-hour shifts day after day, which caused fatigue. There are many other examples, but time does not permit me to give them.

There is also concern about who enforces legislation. What are the roles, and how are the Driver and Vehicle Standards Agency and the traffic commissioners resourced? It is disturbing, and may come as a surprise, that very few councils and local authorities have any bus safety data at all. Following a Freedom of Information Act application by one of the campaign groups, 46 of the 74 councils and local authorities approached said they had absolutely no bus safety data; eight said they did, and 24 are yet to respond. There is clearly much to do.

It is evident that what happened on that day in Coventry city centre could have happened anywhere, and it is unlikely to be the last such accident. In fact, what motivates me, and, I am sure, Rowan’s family, is our determination to ensure that there is no repeat of the Coventry crash, and that no worse tragedy ever occurs. I fear it is simply a matter of time unless the Government act.

I sum up by repeating that it is simply common sense to align the working hours legislation for local bus drivers with that for long-distance bus, coach and lorry drivers to bring safety to our streets, and to avoid an even more serious tragedy, but that must not impact on drivers’ pay. That is sensible, pragmatic and certainly not radical. We need only look at the legislation and what happens in Germany and the Netherlands, where daily driving cannot exceed nine hours, with an exemption twice a week, when it can be increased to 10 hours. Total driving time is limited to 56 hours a week, with a total fortnightly limit of 90 hours, and drivers have 45-minute breaks after four and a half hours of driving time. That is what happens in other European countries.

We must also introduce independent, regular health checks. Coventry was an example of an individual being suspected of being in ill health, but for some reason, that was not exposed, though it should have been. Through the Bill, I urge the Minister to provide for more regular, independent health checks to ensure the safety of all our passengers and other road users. That could be introduced via a simple statutory instrument, if the Government so wished. I urge the Minister to review the matter with his colleague and the Secretary of State. In the meantime, the family and I will continue to press for the introduction of Rowan’s law. We have come a long way, but we will continue until Rowan’s legacy is fulfilled.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Transport (Andrew Jones)]

It is always a pleasure to serve under your chairmanship, Sir Graham, and I congratulate the hon. Member for Warwick and Leamington (Matt Western) on having secured this debate about local bus drivers’ working hours. I should probably also start with an apology: I am not the bus Minister. My hon. Friend the Member for Wealden (Ms Ghani) is away on an overseas ministerial visit, which is why I am covering for her in today’s debate. However, I understand that she has been very engaged with this issue and met the hon. Member for Warwick and Leamington, together with the family of Rowan, to discuss it on, I believe, 7 May. She has promised to look into the concerns raised; she is doing so, and she will write back to the family through the hon. Gentleman very shortly.

Before turning to some of the issues, let me join colleagues in paying tribute to Rowan’s family for their work. I must say that it is astonishingly brave, when something must be acutely painful, to draw something so positive from it by campaigning to see that other families do not have to suffer as they have suffered. That is noble and brave work, and we as a House should recognise it.

The Government are committed to ensuring that the bus industry complies with the current law, including its duty of care to passengers. As promised, my hon. Friend the Member for Wealden will press that with the industry at every opportunity. We all agree that the tragic accident that occurred in 2015 in Coventry should never have happened and must never be allowed to happen again.

However, the Government are not convinced that amending the local drivers’ hours legislation is the answer. A number of pieces of legislation already exist to regulate the bus industry, which together should have stopped this tragic accident happening. It might be helpful if I detail some of those.

There is a general duty of care under the Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990, which set standards for bus companies and their drivers, to ensure safety for their passengers. The GB domestic drivers, hours rules in the Transport Act 1968 limit bus drivers to 10 hours daily, with 30 minutes’ break after five and a half hours and a daily rest of 10 consecutive hours.

There are the general Working Time Regulations 1998, which limit the working week to an average of 48 hours—although I am aware that of course individuals can opt out of that requirement if they choose to—and provide an entitlement to adequate rest. There is also health and safety at work legislation, which places a duty on employers to ensure the health and safety of their employees and others who may be put at risk by their work activities. That includes a duty on employers to manage the risks from fatigue, irrespective of any individual’s willingness to work extra hours.

Colleagues have made some comments about the legislation in other countries, so I should perhaps just clarify that. A point was made about not adopting EU regulations, but the EU regulations do not apply to local bus drivers. No EU regulation of local bus driver hours exists. Is fatigue covered? Yes, most certainly it is; it is right at the heart of health and safety legislation, which includes a duty on operators to manage fatigue. The safeguards we have in place should have prevented the tragedy of that terrible crash in Coventry, had they been properly followed. The point, of course, is that they were not.

[Matt Western]

On that point, it is my understanding that this is a derogation and every country can derogate from the EU directive on local bus driving hours. However, in the two examples I gave, Germany and the Netherlands, they abide by the 56 hours and the 90 hours for a fortnightly period. My simple premise is, why can we not have consistency between the hours worked by a long-distance bus driver or HGV driver and those worked by a local bus driver? As I said, is it not bizarre that a box of cornflakes is more likely to arrive at its destination safely than a seven-year-old child?

[Andrew Jones]

I remind the hon. Gentleman that, as I understand it, there are no EU regulations that apply directly, so the read-across is not absolute, and we have other legislation in place. However, as with all the comments from colleagues here, I will, of course, make sure that I go back and discuss that with my hon. Friend the Member for Wealden, who is the bus Minister and is taking this case forward, to ensure that they are all absolutely understood. The key point, I think, is that a difference has been seen in the style of driving and the recognition of driving, with different stoppage patterns, but the point about fatigue is correct and that is why it is built into health and safety legislation.

I will press on to talk about the incident. We have a legislative framework in place and it should have been followed. It was not followed. While the driver in question was within the working hours limits—a point made by the hon. Member for Warwick and Leamington—there had been multiple warnings that he should not have been behind the wheel that day, including numerous passenger complaints, which were not acted upon.

Although I am sure this is of no comfort at all to Rowan and Dora’s families, the bus driver was found guilty in his absence of causing death by dangerous driving, and the bus company was found guilty under the Health and Safety at Work etc. Act 1974 of putting members of the public and its own staff at risk and was fined £2.3 million. Following the bus operator’s conviction, the traffic commissioner held a public inquiry on 30 January this year to consider the operator’s good repute.

As part of the inquiry, the operator listed the actions taken since the October 2015 accident with a view to preventing such an accident from happening again. Those include medical reviews of drivers over 70, which now take place every six months rather than the statutory requirement of every 12 months. Any driving instructor’s report highlighting a need to restrict a driver’s hours must now be brought to the attention of the company’s operations director and managing director. Instructions and advice about such restrictions must now be issued in writing. The company has limited casual drivers to 40 hours, work per week since the incident and, since 5 January this year, has ceased using casual drivers altogether.

The traffic commissioner published his decision in March this year. On top of the £2.3 million fine imposed by the courts, the traffic commissioner took the regulatory action of varying the company’s licence to reduce the number of vehicles it could operate for a 28-day period. That regulatory action was a strong warning to the company, and through the company to the entire industry, that it had failed to come up to expectations in ensuring the safety of its staff and other road users, and that if such a failure was ever repeated, the complete loss of its right to operate would be the likely consequence.

It is important that we look at every opportunity to raise awareness of the lessons learned from this tragic accident and the importance of continuing to improve safety. The hon. Member for Reading East (Matt Rodda) spoke about how safety should be at the heart of our transport networks. That point was also made by the hon. Member for Poplar and Limehouse (Jim Fitzpatrick). We have discussed it on countless occasions, and he knows that we are in exactly the same place in placing great priority on road safety.

[Matt Western]

Does the Minister sense that there is possibly under-resourcing or under-capacity in the enforcement of what should be going on with these bus companies and through their depots? How much random independent checking is going on to ensure that they are conforming to existing legislation?

[Andrew Jones]

That is an important point. The traffic commissioner is the regulator and responsible for the licensing and regulation of public service vehicles, which includes enforcement and prosecution where appropriate. We also have the DVSA—the Driver and Vehicle Standards Agency—which carries out monitoring and compliance checks. Those can include not only routine checks, but reactive or proactive checks where there is evidence that an operator is non-compliant or an issue has been reported.

There are methods in place, with checks and balances, to be reactive in response to information or proactive if necessary. Those checks can include looking at the logs of drivers’ rosters and considering the health and wellbeing of drivers. Those are the two methods through which the regulations can be enforced.

--- Later in debate ---

[Matt Western]

I thank the Minister and, indeed, everyone who has participated in the debate. I also thank the Minister for standing in for his ministerial colleague, because clearly this is not his direct brief.

Where I differ from the Minister is on his point that the bus industry’s focus is on sustainability and safety. I am not convinced by that; I think that the focus of any private sector company is really profitability and sustainability. Safety seems to be a little further down the list of priorities.

As my hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick) so eloquently put it, the fundamental issue here is driver fatigue, and the need for us to legislate to ensure that passengers, and the driver, have every chance of arriving at a destination safely, and to ensure that the driver is not put in the difficult position of having to work excessive hours simply to survive and bring enough money home, which is what has happened as a result of the depression of drivers’ wages over recent decades.

The point about health checks is important, and I welcome the moves being made in that regard. Health checks have to be independent and regular. I do not believe that 70 is the right threshold—I think it should be an earlier age—but that is for independent authorities to review and consider.

It is important to look at European legislation. The Government claim that our legislation is generally stronger or better than that of Europe, but that is clearly not the case in this instance. The legislation in Germany and the Netherlands is much stronger, and would, I believe, result in much safer road conditions for passengers and other road users here.

I thank my hon. Friend the Member for Reading East (Matt Rodda) for his remarks. He is quite right about safety devices: they should be fitted to all vehicles. I do not believe they were operating at the time of this incident. Certainly, on many of that particular bus company’s vehicles, many of the devices were found not to be operable. These are the sorts of things that require greater enforcement, and the relevant agencies should check for compliance. I ask the Minister to refer this to his colleague, and to commit to publishing the data on what checks are done and how frequently. I am not convinced that we have that reassurance from the various authorities that are supposed to do that on behalf of the public.

To return to the point I made at the outset, the simple truth is that there is more chance of a box of cornflakes arriving safely at its destination than of a child or any other passenger on a local bus route doing so. That cannot be right. That is why so many of us here are calling for these changes, and have done so in other forums. I am disappointed that more people were not here today, but it is understandable, given how important the by-election in Peterborough is.

I am calling for the introduction of a maximum of 56 driving hours per week, and of 90 hours per fortnight, with a 45 minute break over a work period of four and a half hours. We have to avoid a race to the bottom. Many of us in this House fear that post Brexit, whatever happens, there will be a race to the bottom, and legislation will become ever weaker and more diluted. That point was well made by the hon. Member for Linlithgow and East Falkirk (Martyn Day). I welcome the inclusion of this issue in the Transport Committee’s report. It is important that it be given more prominence and urgency, and I hope that we can bring the changes to realisation soon.

Finally, I thank Rowan’s family for coming along today, for their courage, and for their encouragement. I assure them that I will continue to fight on their behalf to bring about this change.

Question put and agreed to.

Resolved,

That this House has considered local bus drivers’ working hours.

Electric Vehicles and Bicycles

Matt Western Excerpts

Wednesday 9th May 2018 Westminster Hall

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

It is a pleasure to serve under your chairmanship, Mr McCabe. Like everybody else, I commend the hon. Member for South West Bedfordshire (Andrew Selous) for introducing the debate. He spoke really well and knowledgeably, and gave a fair and balanced presentation. He said it is his third debate on electric cars, so I would like to ask him how he goes about achieving his tabling success—it is a tip I could maybe use for the future. I have spoken in every one of those debates. I served on the Automated and Electric Vehicles Bill Committee, as did he, and I see a lot of familiar faces here from those debates and from the Bill Committee.

I completely agree with the hon. Gentleman’s point that 2040 is too far away on the horizon for the phasing out of the sale of petrol and diesel vehicles. I agree with the point about more ambitious stage targets, in order to get there quicker. I disagreed—as I think he did too—with the intervention of the hon. Member for Solihull (Julian Knight), who was concerned that people suddenly will not buy Land Rovers, because they will see in the future that they might decrease in value. It is certainly my experience in my constituency that if someone pays £50,000 for a Land Rover they can afford to drive that vehicle, and they are not looking at a second-hand market down the road. I think luxury vehicles will not be affected by the stage targets, and I urge the Government to think about stage targets in that earlier phase-out of carbon vehicles.

I am unsure about the suggestion by the hon. Member for South West Bedfordshire that 2022 might become a tipping point for the sale of electric vehicles as costs come down and upfront costs become more competitive. My concern is that we have heard for a while that we have reached the tipping point. Every so often there are Government announcements that say, “We have reached the tipping point. The sale of electric vehicles has gone up 50% compared with the year before,” but the reality is that less than 2% of vehicles on the roads are electric, so we are some way from that tipping point. Norway is a small, independent country, yet somewhere between 18% and 25% of vehicles on its roads are electric, so more can be done here. The Government need to look at what is happening elsewhere.

The hon. Members who spoke about electric bikes had a common theme, which was the access they provide to getting out and about in the great outdoors for people who are older or vulnerable, or who perhaps have a disability. I certainly echo those sentiments.

In Scotland, a third of all car journeys are actually for less than two miles, and a further quarter are for a mile or less. People take very short journeys in cars, and if we can get them either out of their petrol cars and into electric vehicles, or ideally on to bicycles or electric bikes, it would make a huge difference to carbon emissions and obviously to people’s general fitness.

[Matt Western (Warwick and Leamington) (Lab)]

Will the hon. Gentleman give way?

[Alan Brown]

The hon. Gentleman will need to be brief.

[Matt Western]

Would the hon. Gentleman encourage similar programmes to that in Sweden, where they put in a 25% subsidy to encourage people to switch to electric bikes? It has been massively successful.

[Alan Brown]

I would fully support that. I do not think I will be able to respond to all the points that hon. Members have made. It is fair to say that I agreed with most points. The enthusiasm for electric vehicles and electric bikes shone through.

The hon. Member for Angus (Kirstene Hair) mentioned the Scottish Government’s money running out quickly. I point out that Scottish Tories actually criticised the Scottish Government’s bringing in a loan system that allowed people to apply for loans to buy electric vehicles. It has been a success, to the extent that it has been oversubscribed, so the Scottish Government are looking at providing additional funding for that. Her comments should be a compliment, not a criticism. I urge the UK Government to extend their grant scheme, because that has a short horizon as well. We really need to look at extending that further.

I commend the Kilmarnock Station Railway Heritage Trust in my constituency, which has completely renovated and occupied a number of rooms and basement areas of Kilmarnock railway station. It provides a huge number of third sector support services. Like the Stirling Cycle Hub, which the hon. Member for Stirling (Stephen Kerr) complimented, it operates a cycle hub and undertakes led runs to encourage other people to take up cycling. It also takes referrals from people recovering from addictions, making cycling part of their recovery process and giving them motivation and fitness and getting them out and about. It is a fantastic scheme. It also has a volunteering and mentoring operation.

The trust also operates a cycle hub at Whitelee wind farm, which is the second biggest onshore renewable energy site in Europe. It encourages people to get out there and cycle in the great outdoors, which is a fantastic co-location idea, harmonising renewables with getting people out and about. I pay tribute to my constituent, Alan Vass, who led the expansion of the cycle hub. It is getting bigger and better, and I wish him well for the future.

Much has been said about making the UK a world leader. The truth is that the UK has a long way to go and needs to look elsewhere. There is nothing wrong with ambition, but we need to put strategies in place to match that ambition.

Automated and Electric Vehicles Bill

Matt Western Excerpts

3rd reading: House of Commons & Programme motion: House of Commons & Report stage: House of Commons
Monday 29th January 2018 Commons Chamber

[Madam Deputy Speaker (Mrs Eleanor Laing)]

I call Matt Warman.

[Matt Western (Warwick and Leamington) (Lab)]

Thank you, Madam Deputy Speaker. May I start by—

[Madam Deputy Speaker]

Order. I beg the hon. Gentleman’s pardon. In being carried away by listening to the right hon. Member for South Holland and The Deepings (Mr Hayes), I called him by the wrong name. Mr Western.

[Matt Western]

Thank you, Madam Deputy Speaker. It was not an issue.

I start by thanking the right hon. Member for South Holland and The Deepings (Mr Hayes), the former Minister, for conducting what was my first Bill Committee. I found his style particularly remarkable, welcoming and friendly, and very constructive.

I wish to speak to new clause 3, which is in my name, but also to reference new clauses 1, 2 and 4. When I spoke on Second Reading and in Committee, I highlighted what I thought was perhaps an omission—the Minister picked up on this earlier—with regard to making sure that the Bill is viewed by the public, but particularly by consumers, manufacturers and authorities, as setting the right framework, or groundwork, to bring about a change in our mobility. Critical to all this is why we are looking to make this move and why it is happening not just here in this country but globally. Part of that is looking to address the targets for reducing carbon dioxide that are set out in the Paris accord. Transport is of course an important contributor to CO₂ emissions, particularly with regard to petrol vehicles.

There is also the issue of air quality. In my constituency of Warwick and Leamington, we suffer from poor air quality, particularly as a result of the topography of the towns, but also by virtue of our medieval streets. This is brought about by old vehicles—old buses, old lorries, old vans and old cars. It is not an issue with new vehicles. We have some terrific vehicle manufacturers, as has been mentioned. We have highlighted the investment of Nissan, but we should also consider the likes of Mini and Jaguar Land Rover, which is in my constituency. Jaguar Land Rover is making a move to hybrid vehicles, but its current diesel vehicles are very clean, with such things as particulate filters. The responsible manufacturers have moved very quickly on this already.

--- Later in debate ---

[Stephen Kerr]

Is there not a danger that the lack of these charging points and their lack of visibility in our landscape will drive earlier adopters such as the hon. Member for Bishop Auckland (Helen Goodman) out of the market? It is therefore very important that this Bill and all that comes from it are set in motion, because if we are not careful, we will miss the tide.

[Matt Western]

I thank the hon. Gentleman for his intervention. This is always the issue when an early adopter picks up on a product in any sector. I remember the first smart products such as the mini-computers of yesterday—PalmPilots and all those things. If one was not careful, one bought the wrong product and got caught out. The crucial part of this is ensuring that Governments take the lead, but there is also an international drive about pushing the agenda and making sure that there is commonality and the upfront investment that pulls manufacturers and consumers along with it.

[Carol Monaghan (Glasgow North West) (SNP)]

I would like to correct slightly what the hon. Gentleman said. I hope that he will be gracious in accepting this. The problem is not that Orkney has more charging points; it is that Grimsby does not have enough. Rural locations, particularly around Scotland, will, by their nature, need more charging points.

[Matt Western]

I accept the hon. Lady’s point. What I said was factually correct; I was just trying to point out the disparity between areas. Good for Orkney, but this is about getting other areas to come along and invest to set up these infrastructures as well.

At present, there are multiple charging point operators across the UK, each with their own plugs, software, customer charges, billing systems and payment methods. That is clearly one of the issues that we are trying to address in the Bill and new clause 1. Critical to that is that the Government need to standardise charging infrastructure to make the network far more accessible. To draw a parallel, it is rather like the old mobile phones of the early days that some of us will remember. Mobile companies started moving into the sector and establishing their networks, with the investment that had to go with that. We realised that without a Government lead or a national infrastructure, pylons were starting to cluster in certain areas when in fact one pylon would have done, but with a different antenna fixed to it. We must try to avoid that sort of thing, so that we do not have little clusters on our streets or in our town centres when one will do.

It is crucial to ensure not only that we have charging points, but their interoperability for all types of vehicle. By way of parallel, I cite the fantastic thing that is the USB. We all know what it is like when we forget the charging cable for our mobile phones and find we have no means of recharging our phone, because we happen to have a product of a particular brand and a plug does not fit that phone. It is crucial that we not only legislate but work with other countries to ensure there is interoperability. Often when we have these debates, we are thinking about cars, but we also need to think about all the other sectors. That is why it is vital that we have a comprehensive approach to the electrification of all sectors relevant to mobility.

Those of us in London recognise just how much the bus network has improved over recent years. I was amazed to discover that a third of our famous red buses are now hybrid. Something like 73 are electric and about 10 are hydrogen buses. Those hybrid buses are super-quiet and relatively clean, with 30% or 40% less emissions. That has made a noticeable difference to air quality, as I remember how poor that was 30 years ago when I lived in London.

One of the businesses in my constituency is Volvo Buses, which has done a lot of work on electric vehicles and has had all sorts of issues. For example, it has invested heavily in trying to establish a network in Harrogate. The costs of getting the DNO connection have varied considerably, and the project has been extremely difficult. We have to recognise that these businesses are the first adopters. They are the ones trying to get new technologies established, so we need to make the process as easy as possible.

One issue with commercial vehicles and buses is the need for pantograph-type systems to charge vehicles from above. European manufacturers, including Mercedes, Fiat, Renault and Volvo, are looking at how to recharge those vehicles when they are at a bus stand or in a garage. We need to ensure that such infrastructure is generic and standardised across all manufacturers.

[Iain Stewart]

I absolutely agree that we need to look at the technology for charging buses and other vehicles en route. May I invite the hon. Gentleman to look at the pilot scheme that has been running in Milton Keynes with an induction charging system for a bus route that is wholly electric? That could represent the technology for recharging, rather than expensive overhead line equipment.

[Matt Western]

I thank the hon. Gentleman for his invitation, and I would certainly be delighted to take him up on it. That is one for the future.

[Mr John Hayes]

I have no desire to prolong the hon. Gentleman’s speech unduly, as the Financial Secretary to the Treasury is waiting for his dinner. However, on the hon. Gentleman’s point about buses and local support for electric vehicles, he will know that the Government have done a great deal to support the provision of low emission vehicles by bus companies. Indeed, workplace charging has also been supported strongly by the Government. Does he agree that perhaps we need just to broadcast that more, so that more people know they can benefit from the support that is available? The Government have done their bit, and I am extremely grateful for the great work that my officials did on that in my time. Does he think it is about more publicity?

[Matt Western]

It is. It is about motivating and encouraging change through consumers.

I would like to move on finally to electric bikes and mobility vehicles. That might seem like a less glamorous or glossy sector of the market, but we have some terrific bike manufacturers in this country. We have Pashley and Moulton, and Brompton here in London. Brompton’s first e-bike is about to roll off the production line. However, our sales of electric bikes are way behind those of other countries. We are something like seventh in Europe, with 5% of its total sales, way behind Austria, Italy, France, Belgium, the Netherlands and Germany. Germany has 36% of the total sales for Europe.

In 2016, the city of Munich started a subsidy scheme for electro-mobility that includes electric bikes. The subsidy for the purchase price is granted to private companies and non-profit organisations, with a contribution of, say, €500 for electric bikes or €1,000 for electric cargo bikes. In Sweden, there is a 25% Government subsidy for all e-bikes until 2020, which has led to a 50% surge in electric bike adoption in the country. It has been hugely successful in the past 12 months, and that shows what leadership can do to change consumer behaviour, which the right hon. Member for South Holland and The Deepings referred to. The same thing applies to commercial vehicle fleets, whether they be for haulage or local delivery.

I urge the Government to adopt new clause 3, which is simple and straightforward. It puts forward a framework to identify all the vehicle sectors that need to be considered, so that we ensure that they are very much in the front of our minds.

[Wera Hobhouse]

I shall speak to new clause 2, which I tabled. We have already had a good discussion about making it as easy and quick as possible for consumers who are considering buying electric vehicles to do so. That is why I very much encourage the Minister to reconsider whether new clause 2 should be included in the Bill.

Let me set the scene for this urgency. Air pollution in the UK is a big killer, contributing up to 40,000 deaths a year and costing the NHS £15 billion. As a country, we have been slow for a long time to comply with EU limits on pollution. We have been very slow at tackling high levels of pollution in the past.

These issues are incredibly relevant to my constituency. Bath is officially one of the most polluted areas in the country. Bath and North East Somerset was named among 29 local authority areas with high levels of nitrogen dioxide. According to the council’s own data, 92% of air pollution in Bath is caused by traffic. The swift take-up of electric vehicles is therefore very important.

I welcome the Government’s proposal to create universal charging points, which was also a Liberal Democrat manifesto commitment. However, as we have said several times, the Government should be more ambitious. The Bill must go further to ensure that it is as convenient as possible for people to own electric cars and to help consumers to make decisions that will benefit the environment and, particularly, public health.

New clause 2 would give the Secretary of State the power to make regulations requiring owners and operators of certain public facilities to work with local authorities to provide public charging points and to ensure that public charging points are maintained and easily accessible to the public. Again, a number of points have already been made about why local authorities have not picked up voluntary schemes. I believe that the carrot and the stick is the right approach, and I again say that the Government must consider using a little bit of stick.

The Bill allows the Government to regulate petrol stations and motorway service stations to provide electric charging points. The new clause would ensure that people with electric cars could easily charge their cars on shorter journeys as well as when travelling longer distances. I am considering whether I should buy an electric vehicle, but I do not fancy sitting around for eight hours in a service station on the motorway to charge my car.

Local authorities should have powers to require new commercial and industrial developments to provide electric charging points and, for example, to pilot the use of lamp posts as charging points in residential areas where homes do not have driveways. All this is about encouraging creative ways of making sure that charging our vehicles is as convenient as possible and increasing take-up among people who want to acquire electric cars.

If the Government are serious about reducing transport emissions, far more radical measures will be needed, but this Bill is a step in the right direction. I believe that new clause 2 would improve the Bill even further.

Automated and Electric Vehicles Bill (Seventh sitting)

Matt Western Excerpts

Committee Debate: 7th sitting: House of Commons
Thursday 16th November 2017 Public Bill Committees

[Alan Brown]

I beg to move, That the clause be read a Second time.

New clause 13 would formalise the need for a reporting strategy for establishing charge points covering the varied demographics and geography of the UK, and would include differentiating between rural and urban areas. I appreciate that the Minister has spoken at length about the commitment to consider how we can roll out so as to ensure that rural areas are not left behind.

Again, this is about ensuring a UK-wide approach and picking up on other investment required for rural areas, which I have touched on before, such as mobile coverage upgrades. Additionally, as other hon. Members have highlighted, a strategy for domestic properties needs to be developed covering solutions such as charging points accessible to terraced houses and flats, and possibly roll-out in future developments, so that infrastructure is incorporated as new developments take place. We also need to consider the road networks and allow best practice to be rolled out fully across the UK. That is the idea behind the clause, and I look forward to the Minister’s response.

[Matt Western (Warwick and Leamington) (Lab)]

As I did on Second Reading, I want to re-emphasise the point about the provision for other forms of electric vehicle—the Minister and I have had conversations elsewhere about it—particularly in the provisions for EV buses, for example, and cycles.

We are facing a revolution, not just in cars but in all forms of mobility. It is incumbent on us to recognise that at this juncture we should be thinking about how to integrate those needs into the Bill, and specifically about infrastructure. We have talked about where sites might be located, and about commercial properties, but we should be thinking specifically about the infrastructure needed for buses in our town centres. I urge that that be incorporated into the new clause as well.

[Alan Brown]

I welcome that intervention. It is a valid point; we need to look at the wider considerations. Buses and other vehicles are the biggest polluters in terms of NOx, so it is certainly an important consideration. As I said, I will be happy to hear the Minister’s response; I hope that it will encapsulate these issues as well.

--- Later in debate ---

[Sir Oliver Letwin]

I am delighted that the Minister is talking to the National Grid and others. I entirely sympathise with the hon. Gentleman’s desire to see a transparent product of those discussions: a continuous published analysis of impacts.

There are two kinds of impact. The hon. Gentleman mentioned the adverse impact on the grid from peak moments early in the morning or late in the evening, and in winter there is a lot of fast charging, which will increase the peak effect. However, I am much more interested in the other kind of impact, which I see as much more serious: the benefits, which many of us have seen for some years, that the National Grid anticipates from peak shaving. Night-time, and indeed daytime, vehicle charging can be switched off at moments indicated as economically advantageous to the car owner by the half-hourly settlement price. It is also highly economically advantageous for the grid to have reduced demand at such moments, avoiding the need for additional power. That would transform the economics of intermittent energy supply, including through renewables, for example solar, which are currently not regarded as having any contribution to capacity. I am very much in favour of new clause 14’s general principle; I am sure the Minister is about to assure us that he will fulfil that principle through regular publications.

[Matt Western]

To emphasise the point and go back to buses, which I mentioned earlier, the scale of the need will be quite significant, say in our town centres, where we may have a bus that will be using these charge points for opportunity charging—an immediate fast charge—drawing 300 kW. If we think about, say, 10 buses in our town centres, we can imagine what sort of requirement would be needed. I add that to the debate.

[Sir Oliver Letwin]

The hon. Gentleman is clearly right that the bus issue is serious. This is not the place for a prolonged discussion about the patterns of charging and so on, but my own instinct is that battery life will have got to the point at which overnight charging will probably mainly suffice for buses. I am also quite optimistic about the ability to have charging en route on the most thickly used routes. Let us leave that aside for the moment. Clearly, we are joined in the view that the Minister will need, through the grid and others, to publish assessments of all kinds of use and storage, including not just cars but buses, taxis and vans, and indeed bicycles, although that is a minor item.

Another issue connected to new clause 14 goes back to the third of the letters that the Minister has helpfully written to the Committee in response to points that I raised earlier about clauses 11 and 12. I am very grateful for the subsequent discussions the Minister has facilitated about that with his officials. I hope he can confirm that he will now look at one specific issue further, which I do not think is wholly handled in the third of his letters. That is the question of ensuring that the vires given by clause 12(1) and (2), for him or the Secretary of State to issue regulations mandating the transfer of data from charge points through to the grid and the distribution network operators, are sufficiently well established by a technical drafting amendment to ensure that they are not challenged successfully in court.

That is obviously vital, because if the spirit of new clause 14 is to be observed and the grid is to be able to publish reasonably reliable forecasts of the pattern of charging and storage provided or demanded by electric vehicles, it needs to be able to use and mine the data from the use and charging of electric vehicles as it evolves. The only way to structure an electricity system is to plan some years ahead. Therefore, we need evolving information to be relayed from an early stage, so that before the load or the opportunity for storage become very big, the pattern is well understood.

To say one further word about that, the Committee must be aware that it is not a marginal point. If those patterns are well understood, the history suggests that one can save in the order of one quarter to one third of the investment costs of the entire electricity supply industry, compared with a situation in which there is chaotic unanticipated demand. The whole system relies on ensuring that one has a capacity margin at peak. If we cannot accurately predict the peak, because we do not understand the configurations of demand and supply on the system, we have to over-provide. We thus end up having bought a lot of heavy metal that is sitting there doing nothing, which is very expensive for the economy. We are talking about fives or 10s of billions of pounds. It is material that that data flow starts, starts early, and starts accurately, without missing anything off, so that the grid can start building a transparent picture that then, as in the hon. Member for Kilmarnock and Loudoun’s new clause 14, is regularly published and updated.

Automated and Electric Vehicles Bill (First sitting)

Matt Western Excerpts

Tuesday 14th November 2017 Public Bill Committees

[Clive Efford]

Again, I am grateful to the right hon. Gentleman. I have a feeling of déjà vu because he is putting my points better than I can. I have little to add to that. There is an issue there that my hon. Friend the Member for Kingston upon Hull East has raised in his amendment that the Government should go away and consider.

[Matt Western (Warwick and Leamington) (Lab)]

It strikes me that there is potentially a grey area between the software company and their design and the hacker and where the responsibility begins and ends, and how any court or technical expertise will be able to determine where ultimate responsibility lies. A software company could readily say “We designed it. We were perfectly happy with it and there were all these protections and safeguards in place,” and they will blame the hacker, but who can determine if it was down to a hacker or the failing of the software designs? I just throw that out because sometimes these things are very difficult to determine and I am not sure where the responsibilities lie.

[Clive Efford]

I will finish on this point and I will not take much more of the Committee’s time. The Bill is designed to ensure that the injured party is paid out swiftly in the event of an accident, with blame subsequently apportioned either through agreement or by a court. In this case, however, there is another consumer—the insured party—who could be open to enormous liabilities through no fault of their own where nobody else can be found to be at fault because they have taken all reasonable steps. There is a grey area, as my hon. Friend has just said, where the Government need to go away and give that some further consideration.

Automated and Electric Vehicles Bill (Fifth sitting)

Matt Western Excerpts

Committee Debate: 5th sitting: House of Commons
Tuesday 14th November 2017 Public Bill Committees

[Clive Efford]

Again, I am grateful to the right hon. Gentleman. I have a feeling of déjà vu because he is putting my points better than I can. I have little to add to that. There is an issue there that my hon. Friend the Member for Kingston upon Hull East has raised in his amendment that the Government should go away and consider.

[Matt Western (Warwick and Leamington) (Lab)]

It strikes me that there is potentially a grey area between the software company and their design and the hacker and where the responsibility begins and ends, and how any court or technical expertise will be able to determine where ultimate responsibility lies. A software company could readily say “We designed it. We were perfectly happy with it and there were all these protections and safeguards in place,” and they will blame the hacker, but who can determine if it was down to a hacker or the failing of the software designs? I just throw that out because sometimes these things are very difficult to determine and I am not sure where the responsibilities lie.

[Clive Efford]

I will finish on this point and I will not take much more of the Committee’s time. The Bill is designed to ensure that the injured party is paid out swiftly in the event of an accident, with blame subsequently apportioned either through agreement or by a court. In this case, however, there is another consumer—the insured party—who could be open to enormous liabilities through no fault of their own where nobody else can be found to be at fault because they have taken all reasonable steps. There is a grey area, as my hon. Friend has just said, where the Government need to go away and give that some further consideration.