Driving Tests
Mike Penning Excerpts(11 years, 10 months ago)
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The Parliamentary Under-Secretary of State for Transport (Mike Penning)
Last year I asked the Driving Standards Agency (DSA) to consider arrangements for delivering practical car driving tests from premises other than traditional driving test centres such as local authority buildings or leisure centres to provide a more local service for candidates. On 27 March 2012 I announced to the House the next steps of that programme. I also informed the House that we would be seeking public and private organisations to work in partnership with the DSA to identify and provide locations from which the practical car test could be delivered.
I am pleased to report that real progress has been made and there are proposals being developed for partnerships with Halfords Group PLC and Mantra Learning Ltd. Subject to working agreements being finalised and suitable premises with driving test routes being identified, driving tests should be delivered, in the locations I have already announced, from premises of these organisations in the near future. These will be non-exclusive arrangements and DSA may, in future, consider other partnering agreements to provide premises, which meet its criteria. Local agreements with the fire and rescue service, particularly in areas not otherwise covered, are also being explored and there have also been discussions with several universities.
Significantly this use of property will be provided at no cost to DSA. Tests will continue to be conducted by DSA examiners.
DSA will evaluate the success of these arrangements and I will keep the House informed.
Dangerous Driving
Mike Penning Excerpts(11 years, 10 months ago)
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The Parliamentary Under-Secretary of State for Transport (Mike Penning)
It is an honour and a privilege to respond on behalf of Her Majesty’s Government to the debate introduced by the right hon. Member for Stirling (Mrs McGuire) on such a serious subject.
I do not know whether the right hon. Lady knows this, but in a previous incarnation I was a firefighter. All too often, I was called to road traffic incidents—they were called something slightly different in those days, but I am more politically correct now. It is heartbreaking for families to lose a loved one, and my thoughts and prayers are with Andrew’s family.
Let me say at the outset that I hope that we can arrange a meeting with the family, because our time this evening is quite short and what we can discuss is limited. I passionately believe that, in many cases, what families bring to the road safety debate is a lot more than the “professionals” bring. It is important that families feel involved. I think it is a shame that we have not debated the matter before. I fully respect the right hon. Lady’s point about how limited the statistics are; I am all too aware of that. When I answered her parliamentary question, I tried desperately to open it up as much as possible. She will recall how long that answer was. I was disappointed that the statistics that I gave did not tell the whole story. For instance, the deaths per year figure could have included a driver from another country in Europe or anywhere in the world, inexperienced at driving on the left, who was driving a right-hand drive hire vehicle on UK roads. We are looking into whether we can make the statistics clearer. As the right hon. Lady suggested, the police have to form an opinion on whether that was a contributing factor. In Andrew’s case it obviously was. I feel for the family when a court makes a decision that does not feel to them or to us like natural justice. I know that we are not allowed to go into the court’s decision, although we have powers as Members of Parliament to appeal against leniency in some cases, and very good lawyers sometimes get results from the courts. We need to make sure that the legislation on the statute book fits the circumstances.
The title of the debate covers a broad spectrum, but as we were preparing for it I guessed that the right hon. Lady would raise a very serious issue. I thank her for the fact that her office contacted mine earlier today to give us an indication of what she would be speaking about this evening.
On dangerous driving offences, we are tightening up. In a serious case resulting in death, such as the one the right hon. Lady spoke about, there is in my opinion only one charge that could have been brought, but that is entirely up to the police and the Crown Prosecution Service in England or the Procurator Fiscal Service in Scotland.
Jim Shannon (Strangford) (DUP)
I congratulate the right hon. Lady on bringing the matter to the House today. I spoke to the Minister earlier. With reference to the information and the statistics that the right hon. Lady asked for, will that include the relationship that Northern Ireland has with the Republic of Ireland and the relevant statistics? When it come to pursuing those who were involved in accidents and who flee the country, how will the Government deal with that?
Mike Penning
I thank the hon. Gentleman for his intervention. He indicated to me earlier that he would intervene. There are reciprocal agreements between the Republic and not only Northern Ireland but the rest of the United Kingdom. Interestingly, the Commission is looking at those reciprocal agreements to see whether they are fit and proper. I think the agreements work well between the Republic and the Province and the rest of the UK. We have very good relationships so prosecutions do take place. In the case of an offence as serious as the one described, it would not matter where the driver came from. They would be arrested on the spot if the police thought that they were responsible for committing an offence, and they would be prosecuted through the courts, as is right and proper.
I accept that there is an issue with minor offences, though not so much with commercial vehicles because of the system whereby we hold a deposit. If the vehicle is overweight or the driver has worked more hours than he should, we take a deposit so that they do not pay the fine. There is much more of a problem with cars. We have to be slightly careful that we do not damage our tourism industry. We want people to come to this country, drive responsibly and enjoy the wonderful countryside of England, Scotland, Ireland and Wales. I have seen what the devolved Parliament in Scotland has put out.
The difficulty arises at port. We cannot in any way delay someone at port under the existing agreements. In the case of some of the heavy goods vehicles that come into our ports, which we know have a track record of not being as roadworthy as they should be, I would like to detain them before they get on to UK roads. We are working with the Commission on the problem, but at present we have to let the vehicles get on to the road before we can stop them, which seems a somewhat perverse way of dealing with the problem.
There are things that we can do. The right hon. Lady referred to Lanesafe. Technology is moving on enormously. I recently drove a mid-range vehicle at the manufacturer’s test track—I must not advertise the company, but it is well known in the UK. It had lane awareness, so as I started to drift from the lane it pulled me back, although it is possible to override that. It had distance awareness, in case I got too close to the vehicle in front. More frighteningly, for those of us with daughters who drive, it had independent parking, so I was able to take my hands off the steering wheel and the car parked itself. I am not being sexist about my daughters’ driving abilities, but both my girls have had great difficulty with lateral parking—they will not mind my saying that. That is not one of the most expensive cars, a dream car or a concept car; it is a mid-range vehicle available in showrooms today.
That sort of technology is becoming available and car manufacturers are producing products such as Lanesafe, which the right hon. Lady mentioned. We would have to be very careful, because the Commission would come down on me like a ton of bricks if I in any way discriminated against another member of the European economic area who has a free right of travel here. In other words, I would have to make that available across the board, so the compulsion part would be quite difficult.
The right hon. Lady said that she had had a meeting with the Association of British Insurers. I have many such meetings. I must be honest and admit that this was not at the top of its list when it raised the matter with me. There are many other things it is concerned about, particularly the cost of insurance for young people and how we can make that transparent, but we must ensure that any ideas out there are listened to and that we work on an evidence base and ensure that our roads, which are some of the safest in the world, continue to be so.
We are very conscious of the concerns that the right hon. Lady raised about HGVs and overseas drivers, not least because they come here with their belly tanks full of diesel and compete with our hauliers. Even with the existing cabotage rules it is difficult for our hauliers to compete, so we are going to introduce lorry road user charging in this Parliament so that there is a better balance in the legislation and our truckers can compete with foreign hauliers.
However, the figures on actual incidents are very interesting. Only about 5% of the whole haulage industry is affected by overseas hauliers, and that is at the top end of the range, with the larger 44-tonners. The right hon. Lady is absolutely right that they are disproportionately represented in accidents, but not necessarily the most serious ones, which is the point I think she was making. The word “incident” is there for everyone to see. Some are reported and some are not. We are trying to ensure that foreign haulage vehicles are as rigidly maintained and as safe as our vehicles.
The Vehicle and Operator Services Agency does an excellent job of enforcement in this regard. Only recently I was on a motorway with VOSA staff when a foreign-registered 45-tonne truck went under a bridge that we had a monitor on. The electronic monitor showed that two of its axels were overweight, so the technology is simply outstanding. We pulled the vehicle over and got it to follow us back on to the weigh bridge. We identified that it was not only over its cabotage but over its hours, so we tend to pick up other things as well. What we must ensure is that exactly the same rules apply to our hauliers as apply to others.
The right hon. Lady touched on a really important point about gathering evidence. We gather unbelievable amounts of data from the police, VOSA, DVLA, ports, the Highways Agency and the courts, but do we make sure that we gather the data that we really need and are not just form-filling for the sake of it? Do we focus on exactly what we require so that, for instance, we can get a better answer to the parliamentary question she asked me? The answer is that we try. I think I am right in saying that the police fill in more than enough forms—I was on patrol with the police in my constituency on Friday night, and the amount of form-filling was mind-boggling—so we do not want them to fill in more forms; we want the forms to be as accurate as possible to give the information we require but not to be too opinionated. The evidence is absolutely crucial. The right hon. Lady says that the figures are often skewed because the police officer may think, at the time of the incident, that something was a contributory factor, but later, after looking at the evidence, that it probably was not.
We are trying to take the issue very seriously. The right hon. Lady was part of, and had a ministerial role in, the previous Administration, and such work is difficult, but that does not mean we should not do it. I am conscious that we need to do everything that we can to ensure that our roads continue to be some of the safest in the world, and that when we have visitors to this country, whether for pleasure or for business, we give them as much assistance as possible to ensure that they know what their obligations are on our roads.
We have reciprocal agreements with some countries, and I think we could develop that much more to ensure that prosecutions take place. In the case of serious offences, prosecutions do take place because the person is arrested there and then and often their bail conditions make it difficult for them to leave the country before they return to court.
The one thing that we must do, however, is to listen to the families—both the families who want, for understandable reasons, to walk away when a loved one has been lost or seriously injured, and the families who want to campaign and to make things better so that such incidents do not happen to others. I have done that with many families, by bringing them in to work with the Department, and we have actually funded some of their campaigns, rather than just those of larger organisations.
If we can do that, we can make our roads much safer, we can have fewer terrible incidents such as the one involving Andrew, and we can protect our tourism industry and allow, as we have to under EU rules, free movement, which is what we would all expect.
Question put and agreed to.
Cruise Market (Competition)
Mike Penning Excerpts(11 years, 10 months ago)
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The Parliamentary Under-Secretary of State for Transport (Mike Penning)
It is a pleasure to be here, Mrs Brooke. I should like to get some facts on the record, not only for my hon. Friend the Member for Romsey and Southampton North (Caroline Nokes), but to give the Government’s side.
Like my hon. Friend, I am keen on competition, because I am a free marketeer as well. I am also keen, as a Minister, to consider in detail a request made by anybody anywhere in the United Kingdom. That is not what happened in 2008. The right hon. Member for South Shields (David Miliband) knows full well that when a request was submitted in 2008, it was dismissed quickly. I have not seen any legal advice instructing the Government that it would be illegal for them to look at the matter. Certainly, my legal advice, when Liverpool city council said that it would like to start turnaround, was not that I could not look at that. As a free marketeer, the Minister for the whole United Kingdom, and a Tory MP, here I am defending Liverpool. That is an interesting anomaly. Lord Heseltine would be proud of me.
It is clear that we were open and transparent all the way through; I will come back to how we achieved that. I met the operators of Southampton port—and Members from across the House—on more than one occasion to explain things exactly. In a democratic society that believes in a free market, any request should be looked at fairly by a Minister of the Crown. I looked at the request made by Liverpool city council, and I asked my officials what the procedures would be, what powers I had, and what powers were not in my hands. It was obvious that I had the power to look at the request, so we consulted widely, and got submissions from all parts of the House and across the country on what should happen. The key thing that I got back from the submissions was the point about fairness; that needs to be in whatever we do.
I looked at what I could do about the two separate payments made to Liverpool when it got the grants. First, I asked whether I or anyone in the UK had the power to ask for the regional development grant to be repaid. The answer was no; it is a Commission issue, for the Commission alone to deal with.
Mike Penning
I will continue for the moment, because I am conscious of the time, and I want to cover many of the points made. If I have time at the end, I shall come back to my hon. Friend.
The issue is being looked at by the Commission, and it is for it to decide. What was in my power was the ability look at whether Liverpool had to pay back the full UK part of the grant, whether there was any depreciation because of the length of time, and whether interest would be added. My Department made an evaluation, and Liverpool asked to pay £5.3 million as a lump sum, which I rejected. The assumptions of my officials were that the amount should be about £8 million —we ended up with a figure of £8.8 million. To ensure that I was seen to be impartial, I asked for some independent advice on how much money should be repaid. My hon. Friend the Member for Romsey and Southampton North came up with the right amount, which was £8.8 million, or £12.6 million if phased. That is almost identical to the figures that the modelling came up with, after consideration of how other repayments were made.
I made that decision, and put it to Liverpool that it would have to pay those moneys back. As yet, Liverpool has not indicated how it will pay that—in stages, or in one lump sum. The assumption—that is all it is—is that it will be a one-stage payment. As yet, Liverpool has not indicated to the Department for Communities and Local Government how it will pay the money, or when it intends to do so. My officials have been in touch with DCLG officials, who have been in touch with the city council to push it on the need for a decision.
It is absolutely the case that state aid has not been cleared yet, but I do not have any power to stop Liverpool while we wait for the Commission to act. The key to the situation is that my officials and I as the Minister, independently and with no vested interests, have looked at what can be done. I believe that competition is good, and that competition around the country will drive up the excellent cruise market. I was at the European Cruise Council conference in Brussels only last week, and even after the terrible Costa Concordia disaster, the market has picked itself up and is moving forward again.
Mike Penning
If the right hon. Gentleman could bear with me, I will give way in a moment.
Looking at the situation from my point of view, have we been open and completely honest about what we did and the process? I believe we have. Is Liverpool doing what I asked it to do? No, because it has not paid the money back and we do not yet have state aid clearance. Do I have the power to stop Liverpool? The answer is no. Would I really want to? If the European Commission declares the payment to be incorrectly done state aid—my legal advice is that it is not—Liverpool would have to pay the moneys back. Liverpool, however, has indicated that it will pay the money back. The words of the then leader of Liverpool city council, now the mayor, were, in effect: “We will pay back what you ask us to pay back.”
Mike Penning
Will the hon. Lady bear with me for a second, because two other colleagues have tried to intervene as well? I have been given only 10 minutes to sum up the debate and, with so many people present, we could have done with a little longer.
The key for me is whether the effect on other ports and other incomes around the country will be dramatic. I have seen no evidence for that yet. At the European cruise conference, I spoke to the representative of a cruise operator that does not operate here at the moment, but will put 22 cruises in next year. I asked, “Would you be doing this at any other port in the UK?” The answer was no. I had to take that at face value. Will there be such a dramatic effect? I do not honestly think so. The Government have been genuine and honest about how much pain there should be, and Liverpool city council will have to step up to that and be as honest and open with us, and with its own electorate, as we were with it on what will have to be paid back and when. Also, should it have gone ahead without state aid approval? No, it should not have done.
Dr Julian Lewis
With regard to the European money, are the Government in a position to make representations to the European Commission on the matter? If the Government think that the Commission is unlikely to ask for the money back, does that not suggest that the Commission acted in a distorting and anti-competitive way when making the money available in the first place?
Mike Penning
My hon. Friend is leading me down a path that I am probably quite happy to be led down. I understand from my legal advice that the Commission has never asked for any such funding back in other, similar cases. Looking around Europe at subsidies, the Commission would probably rather not open such a Pandora’s box.
Mr Denham
The Minister says that he has no power to act, but infraction proceedings would be taken against the British Government in the first instance, not Liverpool. Ministers have always had the ability to prevent the misuse of European regional development fund money, if they thought the misuse would leave the Government liable to action by the Commission. There must be legal powers for him to take to guard against the risk of infraction proceedings by the European Commission.
Mike Penning
The right hon. Gentleman would be absolutely right if my legal advice was that I would be in breach, but my legal advice is that I will not be. He has had far more senior positions in government than me, so he knows that Ministers look at their legal advice and sometimes ignore it and sometimes accept it. In this case, I decided to accept the legal advice, as it came from those more qualified than me.
Mrs Glindon
I thank the Minister for giving way. In 2009, the Department for Transport specifically said that the port of Tyne would be adversely affected by the lifting of the restrictive conditions, and that remains the case, because as a port, we are in direct competition with Liverpool for some of the cruise destinations. Furthermore, if the Government do not enforce a suspension injunction, they could be failing to comply with their EU treaty obligations.
Mike Penning
I thank the hon. Lady for her intervention. I have visited the great port of Tyne, and there are great plans for it. I was not a Minister in the Department for Transport in 2009, so she will have to speak to her colleagues about not paying back the subsidy. The key is that there is a formula for how much should be paid back, because there is a discount for the period of time, and interest must be added. That formula produced the figure. The issue is difficult for hon. Members, especially those who represent other ports, and I would probably feel exactly the same if I represented a port. The issue is all about fairness and what is legal.
I have sought advice. Any former Minister in this Chamber knows that we would never have said how much must be paid back without obtaining legal advice on whether it would be in breach of anything. Based on the legal advice that I have received, we are not in breach, and that is why I gave Liverpool the option of paying back the £8-plus million, or £12 million over a period. That is what Liverpool must make up its mind about. It should have paid back earlier, and it should not have gone ahead as it did.
Mike Penning
I need to come to my conclusion. It is useful that people understand that the process has been open. I have tried throughout to ensure that competition is fair. I know that some colleagues will not like the result, and that people in other ports think that there will be a huge adverse effect. As a Conservative, I passionately believe in competition, and that is what this is all about. If the legal advice is that under the formula £8.8 million should be paid back, subject to the Commission’s permission, that is only fair. If I had acted in any other way, I would have had a load of Liverpool MPs in this Chamber arguing the matter the other way around.
Instead of ignoring the situation, I looked at it carefully, and instead of dismissing it straight away, which is what happened in 2008, we considered whether we could increase capacity, create jobs and create more turnaround. That is what I hope we have done. This debate has been useful, but I do not think everyone will agree.
Driver and Vehicle Licensing Agency
Mike Penning Excerpts(11 years, 10 months ago)
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The Parliamentary Under-Secretary of State for Transport (Mike Penning)
In December 2011, I launched a full consultation around a programme of work to transform the way that the DVLA delivers its services to customers. The consultation recognised the need to modernise the way these services are delivered and to respond to the growing demand for more flexible public services.
Today I am announcing that the DVLA will press ahead with its proposals to modernise its services. As a result of this decision the DVLA will centralise its enforcement operations by March 2013 and will close its 39 local offices by the end of 2013. While I recognise that a large number of respondents expressed concerns, I believe that many of these concerns can be mitigated and I am confident that this programme will result in modern, effective services delivering savings of £26 million each year.
I am also announcing that the DVLA will work to ensure that customers in Northern Ireland have access to the full range of vehicle services available to the rest of the UK. This will include online taxing of vehicles and introducing additional benefits such as retaining registration marks.
The DVLA will build on its successes in electronic delivery by providing more transactions online. Local businesses will act as intermediaries to offer motorists more convenient access to certain DVLA services through at least 4,000 outlets nationwide compared to the current 39 DVLA local offices. The DVLA will ensure that alternative service channels will be available before offices close.
Many of the concerns arising from the consultation related to issues around potential degradation of services and uncertainty over the alternative channels. The DVLA has developed its proposals to address these concerns. Discussions with stakeholders have helped shape these proposals, which will provide the motor trade and individual motorists with a more efficient and effective service through a greater number of convenient, accessible channels.
I am grateful to all those who engaged in the consultation process as their views have helped to develop the proposals in a way that can ensure customer needs are met.
Today, I am publishing a package of documents, including an impact assessment and a formal response to the consultation. These documents provide more detail of the future services and will be available on the DVLA website and in the Library of the House.
I am committed to maintaining or enhancing current service levels for all motorists and the DVLA will continue to work with stakeholders to support their transition onto new channels.
Careless Driving (Fixed Penalty Notices)
Mike Penning Excerpts(11 years, 11 months ago)
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The Parliamentary Under-Secretary of State for Transport (Mike Penning)
The Department has today published a consultation paper on changes to the treatment of penalties for careless driving and other motoring offences. This follows up key commitments from the Government’s strategic framework for road safety published in May 2011.
With careless driving, the current enforcement process is time consuming and inefficient. We are therefore proposing to make careless driving a fixed penalty offence and open to the offer of education training. We believe this will help the police to enforce against this offence more efficiently. It will also provide greater flexibility in dealing with those low level careless driving behaviours that fall below the threshold for a court summons, enabling the greater use of educational training.
We will also be consulting on raising the level of many motoring fixed penalty notices, including increasing the penalty levels for many (usually endorsable) road traffic £60 FPN offences to £90. We have broadened the scope of the measure and are consulting on other options including increasing the levels for non-endorsable offences, motor insurance offences, and graduated fixed penalties—all by a similar proportion.
Most of these penalty levels have not been increased since 2000 and are lower than other fixed penalties such as for disorder. This risks offences being perceived as minor infringements. In addition, increasing penalty levels will encourage the introduction of educational courses for other offences, such as not wearing a seat belt and the proposed careless driving fixed penalty.
There are no proposals to make any changes to penalty levels for parking restriction FPN offences.
These measures will play an important role in improving road safety for all road users as well as maintaining compliance with motoring laws.
The consultation documents can be found on the Department’s website. An electronic copy has been lodged with the House Library.
Port of Dover
Mike Penning Excerpts(11 years, 11 months ago)
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The Parliamentary Under-Secretary of State for Transport (Mike Penning)
It is a pleasure to respond on behalf of Her Majesty’s Government to the debate of my hon. Friend the Member for Dover (Charlie Elphicke) on the future of Dover. It is a subject that we have discussed privately and publicly many times, and we will continue to do so. I unashamedly pay tribute to my hon. Friend’s tireless work on behalf of his constituents on the issue of the future of Dover. The town has a wonderful tradition and history, and its future is enormously important not just for Dover but for the future of the UK, which needs growth to get us out of the economic situation that we inherited.
I accept many of my hon. Friend’s points. He touched eloquently on the point that I am fairly restricted in what I am able to articulate from the Dispatch Box this evening—I know what he would love me to say—so I hope he will understand that I cannot fall into proverbial potholes, which might have serious consequences as we take the process forward following receipt of the further submission from the harbour board in the near future.
As my hon. Friend alluded to, Dover has been a vital artery into the UK for many years. To this day, this great nation of ours, being an island nation, still relies enormously on our ports and our maritime industry. We are going through a renaissance as a maritime nation, with more and more shipowners registering their ships under our flag. We in the UK are not a flag of convenience; we are very strict about what ships are under our flag, which is one reason why others are attracted to the UK.
More than 90% of our international trade is conducted through our ports. Many have not had the sort of investment that my hon. Friend and others would like to have seen over the years. I think the polite term is that maritime has been a bit of a “poor relation” in transport matters. That certainly does not apply during the two years in which I have had the support of two Secretaries of State and the Prime Minister for the maritime industry.
Port capacity at Dover, particularly roll-on, roll-off issues, has to be addressed because we expect the amount of roll-on, roll-off to double by 2030. My hon. Friend touched on recent issues concerning Sea France. If he does not mind, I shall not dwell much on the acquisition of Sea France by Eurotunnel, which has been agreed by the French courts over the last couple of days—not least because we are closely studying that decision to determine whether it might be detrimental to competition for both the other ferry operators in Dover. My hon. Friend knows that I have met them on more than one occasion. They are worried about their margins, particularly in the light of pressures from emissions legislation, which adversely affects their profits.
Since I have been the Minister, the Department has had to make three important quasi-judicial decisions. The harbour revision order to which my hon. Friend referred, involving the western docks—also known locally as terminal 2—was issued in 2009. Objections by the ferry operators to harbour dues for 2010 and 2011, and a transfer scheme under the Ports Act 1991, which was originally put forward in 2010 by Dover Harbour Board to permit the port to be sold off, also need to be considered. Two of the three quasi-judicial decisions have been made in the last two years.
I know that my hon. Friend was keen for the harbour revision order to proceed. I do not think that it came as an enormous surprise when, after an 11-day public inquiry, the inspector sided with the board rather than the ferry operators on the question of the harbour dues. That is the decision that has always been made, which worries the Secretary of State and me. We will examine the legislation to ensure that it is fit for purpose, because that is obviously necessary if it is always at the back of people’s minds that no one has ever won.
The third decision that needs to be addressed is that involving, for want of a better word, the privatisation of Dover. My hon. Friend said that he did not want the port to be sold to a foreign national, a foreign country, or indeed anyone except the people of Dover. I respect and understand his view, but, as he well knows, it is not quite as simple as that. We are awaiting a further submission from the harbour board, whose chairman I have met in the last couple of weeks. I stressed to him that the Secretary of State and I considered it crucial for the board to produce its revised submission as soon as possible after the decision on harbour dues.
Let me explain what the Government seek from the harbour board. The criteria include an expectation that the Secretary of State
“'will not approve an application for the sale of a trust port”—
which is what Dover is—
“unless the sale is considered likely to deliver an enduring and significant level of community participation.”
I hope that the members of the harbour board have noted that. They know it for a fact, but I think it important to reiterate it as we await their written submissions.
My hon. Friend mentioned regeneration. I have visited Dover as a tourist over many years, but in recent months I have been there to meet members of the local authority and the harbour board, as well as local dignitaries including my hon. Friend. I know that it is imperative for the people of Dover to be able to see the tangible benefit of the wealth that it can produce, but my visits, correspondence and meetings with the hon. Gentleman and other local representatives have left me in no doubt that they cannot see it at present.
When I met representatives of the Unite union recently—a meeting facilitated by my hon. Friend—I encountered deep concern about the lack of investment, as it was described to me. I have put the points that were raised with me directly to the chairman and chief executive of the board, who have addressed themselves to many of them. I am not certain that the people of Dover, my hon. Friend or the union will accept some of their assurances, but I wanted to ensure that the concerns expressed to me by my hon. Friend and the union were put to the board formally, and to make public the point that our discussions had reached.
I genuinely believe that Dover has an exceptional future. I know that other countries around the world look to it—notwithstanding its problems—as a model for the development of their own roll-off ferries. I was in Taipei recently. Relations between Taiwan and mainland China are becoming exceptionally good—so good that roll-on, roll-off capacity is no longer anywhere near good enough so the authorities are looking to add five new ports. Members of the management at Dover were in Taiwan because the Taiwanese want to buy some of their skills and specialist knowledge on how to have so much movement through a port with a very small footprint and without having the best road infrastructure in the world. That infrastructure issue is also a reason why the western port—terminal 2—is so important.
I am disappointed that the harbour board feels that the market is not currently at a level that will allow for active development of the western port to go ahead, although I understand its decision. I intend to discuss the issue with the board soon. We should not just wait for the market to move; we must be ready when the market moves. The local authority is very keen for the western port to be developed so we can move forward and have regeneration.
I am sorry that I cannot at present do many of the things my hon. Friend asks me to do. I will consider all the points he has raised, however, but the quasi-judicial process that is under way may impose some restrictions.
I should pay tribute to the Bishop of Dover for the work he has done in bringing the community together. Others, as well as elected politicians, have a role to play, and he has done very helpful work.
My hon. Friend mentioned board appointments. We already have a situation in which there are advertisements for board vacancies so local people can apply for them; the posts will be advertised locally as well as in the national press. My hon. Friend asked whether there might be local involvement on the selection panel, too. I will look into that. At present it is not the case, however.
I am sure my hon. Friend knows that I was asked to extend the membership of the board by several members for two years. I looked into that and decided that, as we are currently waiting for the submission and so forth, a one-year extension was the maximum period I was willing to consider at present. I did that not to cause instability in the board, but to do the exact opposite: to make its members concentrate their minds on the future and the need to address the situation in Dover.
To be fair, that situation was created by the previous Administration, who pushed the privatisation agenda forward without carefully thinking through what that would actually do. They opened a Pandora’s box. What we now need to do is open things up fully, so that nationally we can get the full benefits of a much more efficient and growing Dover port, and at the same time the people of Dover and Deal have ownership and get tangible benefits, even if they are not involved in the day-to-day running of the port. Anyone who knows anything about the running of a port knows that it is absolutely crucial to have experts in there running it and overseeing the business side of things. It is a very skilful job to run a port.
In conclusion, although this is a very frustrating time for the workers, the unions and their representatives in Dover, it is also quite an exciting time. If we can all get this right—that is the most important thing—a great national asset with wonderful history, which is known around the world, could work brilliantly for the local people and the country as a whole. It could enhance this great maritime nation in which we live.
Let me conclude the debate by addressing a point that I found slightly amusing. Whatever happens, the cliffs of Dover are not for sale—not to anybody from any nation—as they sit outside the port of Dover.
Question put and agreed to.
Yacht and Boat Delivery Companies (Safety Regulations)
Mike Penning Excerpts(11 years, 11 months ago)
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The Parliamentary Under-Secretary of State for Transport (Mike Penning)
In the short time I have remaining, I will try as best I can to articulate my thoughts on the issue that my hon. and learned Friend the Member for Torridge and West Devon (Mr Cox) has brought to the House’s attention today, and to me privately before this debate. It would be wrong of me not to say that my thoughts and prayers are with the families of those who were lost at sea. Going to sea has always been an enormously dangerous occupation—for anybody—and the bravery of our seafarers has been renowned for centuries.
It is shocking for me to have to stand before this House with not one but both hands tied behind my back. I have questioned my officials at length about the powers that I or other Government agencies have to deal not only with this issue, but with the other serious crimes at sea that I have recently discussed with the International Maritime Organisation—the body with responsibility for such matters—so that we can achieve international recognition of the problems. I will return to that issue, if I can, in moment.
I want to express my particular admiration for the sister of John Anstess, Mrs Wendy Wood, who has pursued her campaign for improvements in safety not just in order to bring to justice those involved in this case, but to protect other seafarers in similar situations who are delivering British yachts and other vessels around the world. We would all like what she is calling for to actually happen—particularly me, as the Minister with responsibility for such matters. However, the difficulty is that, as became clear in discussions with the outgoing and the new secretary-general of the IMO, we cannot act in isolation. The cases that my hon. and learned Friend referred to are on the other side of the Atlantic. We must make sure that we do not simply move this problem to France or Belgium, for instance, so that the same terrible situation occurs there.
In saying that, it is very important that we get the facts right. As my hon. and learned Friend said, the yacht that John was employed to move was not registered in the United Kingdom, and the sad loss occurred outside our territorial waters. That restricts enormously the powers of the Maritime and Coastguard Agency. As I have said to him, he has full access to the MCA at any time, and to any information he requires. He is a learned man and perhaps knows more about these matters than I do, but I can only go by the legal advice I am given. We have no powers in this regard. I was very surprised to discover, on looking at the documents, that even though the company in question was registered in the UK, the HSE has no powers. I wondered whether anything could be done under the new UK legislation on corporate manslaughter, or under reciprocal international agreements—we have seen a lot in the press about our reciprocal agreements with America—but it cannot.
My hon. and learned Friend and I will work together with the families concerned, and if we can find a way to prosecute this issue through my Department, my agencies, my Secretary of State or through any other Government Department, we will do so. My fear is that we will not find a way, but we will try, and if we can act, we will. Should we not find suitable avenues, I intend to push within government to shut this down for future situations, which is what John’s sister so desperately wants.
We are signed up to the international convention for the safety of life at sea—or the SOLAS convention—and so are all the red ensigns in the Crown protectorate. I know that my hon. and learned Friend knows the Cayman Islands well, and it flies my flag—the buck stops with me in respect of the red ensign, no matter where it flies in the world. So we are all party to this. The regulations are quite explicit. They put the responsibility for all navigational decisions in the hands of the master or skipper of the vessel. The regulations also make it an offence for anyone to try to pressurise the master into making decisions against his better judgment. That fits perfectly within our territorial waters, but not on the high seas. That is one of the biggest things we can work on with the IMO and address in the work we are doing to tackle crimes at sea. That is because it is the responsibility of the signatory to the regulations and the member states, although on the high seas the situation is completely different.
An investigation did take place, and I have some quotes here from the United States Coast Guard. It investigated the accident, and the quotations that my hon. and learned Friend cited were absolutely right. But—this is the big but—it concluded that no criminal offence had been committed under US law. That was the US Coast Guard’s comment, not mine. I have to, probably understandably, respect its decision.
I find it astonishing that after Mrs Wood secured the civil judgment against the company, the fines were paltry—“loose change” would be the polite term for them. The fact that the owner has not even paid the fines is another matter. If there is any way we can work within government to try to address that, too, we will do so. It was a civil action, so the situation is slightly different from that of a criminal action, as my hon. and learned Friend understands fully.
Nobody in this House would have put the argument across in a more lucid way than my hon. and learned Friend. As the Minister responsible for the agencies involved in this situation, I feel that it cannot be right that we are so restricted within government as to what we can and cannot do, given that we all want to do the right thing internationally, as well as here. From the discussions I have had with the new secretary-general of the IMO, I am aware that there is a keenness within the international community to address the terrible situation of serious crimes at sea, of which this is one, that go, not “uninvestigated”, although I nearly said that, but without reaching the natural justice that we would all be looking for.
This is not the only incident that I have been working on recently. It is right and proper that my hon. and learned Friend has brought these issues to me, but I am dealing with other issues where people have been raped at sea, murdered at sea or have vanished off ships on the high seas. One of the things that I have found really difficult is that one of the defences from some of the smaller flag nations is that they—perhaps—do not see the offence as serious enough or perhaps do not have enough funding within their police authority to investigate it fully. That is no excuse at all, and that is one of the big issues that we are continuing to raise at the moment.
I believe that I am very close to the time when I will have to sit down, Madam Deputy Speaker. Thank you for your kind nod. The last thing that I wish to say is that I will certainly meet the families as soon as we possibly can. I will work with my hon. and learned Friend and the families, and with anyone else who wants to work with us, so that we do everything we can to see whether this prosecution is possible and, if it is not, to make sure that we protect other families’ loved ones when they put to sea on the high seas.
Question put and agreed to.
Maritime and Coastguard Agency
Mike Penning Excerpts(11 years, 11 months ago)
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The Parliamentary Under-Secretary of State for Transport (Mike Penning)
I am pleased to announce the publication today of the business plan 2012 to 2016 for the Maritime and Coastguard Agency (MCA).
The business plan sets out the services the agency will deliver over the next four years and the resources they will have available. This is a refresh of the plan the MCA first published last summer. The agency is also publishing a set of performance indicators for 2012-13.
Both documents will be available electronically on the MCA’s website, and copies will be placed in the Libraries of both Houses.
City of Liverpool Cruise Terminal
Mike Penning Excerpts(11 years, 11 months ago)
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The Parliamentary Under-Secretary of State for Transport (Mike Penning)
On 26 January, Official Report, columns 26WS, I undertook to report back to the House after taking external advice on an appropriate figure for grant repayment by Liverpool city council in order to assuage competition concerns sufficiently to withdraw the Department for Transport’s objection to turnaround cruise at the City of Liverpool Cruise Terminal.
The grant condition precluding turnaround had originally been set in 2007 in order to avoid unfair competition with other UK ports, which had invested in facilities without grant support. Liverpool city council had requested that the condition be lifted and it was agreed that a proportion of the grant be repaid.
I have now received this advice and have decided to accept the recommended figure of £8.8 million as a lump-sum repayment, or a total of £12.6 million if phased over 15 years. In my view this represents a fair outcome that addresses competition concerns while enhancing the benefits to secure which the grants were initially paid.
Final removal of the grant condition by DCLG will be dependent on securing state aid clearance from the European Commission, which will now be sought. The Department will assist in that process.
Government Car and Despatch Agency Business Plan
Mike Penning Excerpts(11 years, 11 months ago)
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The Parliamentary Under-Secretary of State for Transport (Mike Penning)
I am today announcing the next stage of the reform of the Government Car and Despatch Agency. By the end of this calendar year we intend to have ended GCDA’s agency status and to have integrated it into the Department for Transport.
We expect potential savings in administration costs of around £1.3 million to be achieved from the ending of agency status once all of the functions have been successfully merged with the Department. We will continue to publish information on expenditure and income to maintain financial transparency.
I am also announcing the publication of the 2012-13 business plan for GCDA.
The business plan sets out:
the services the agency will continue to deliver until agency status ends and details of the continuing significant change and reform programme being implemented there;
the resources they require, and
a framework of measures by which their performance will be assessed
The measures allow service users and members of the public to assess how the agency is performing in delivering its key services and reforms and in managing agency finances.
The business plan will be available electronically on agency websites and copies will be placed in the Libraries of both Houses.