National Policy Statement for Ports

Mike Penning Excerpts

Thursday 19th January 2012 Commons Chamber

[The Parliamentary Under-Secretary of State for Transport (Mike Penning)]

With permission, Mr Deputy Speaker, I will conclude the debate that started on 29 November, speak about some of the issues raised in that debate and respond to my hon. Friend the Member for Suffolk Coastal (Dr Coffey), who has one of the country’s great ports in her constituency.

Ports are such a significant part of the economy of this country that it was right and proper that so many Members of this House took the debate so seriously. I understand why some colleagues are not present this afternoon, as they made their contributions on the day. The Select Committee on Transport and its Chair, the hon. Member for Liverpool, Riverside (Mrs Ellman), have also taken ports particularly seriously in this Parliament and the documents and strategy under consideration today show the significance that the new coalition Government attach to ports.

The huge ports, such as that mentioned by my hon. Friend and the great port of Dover—I could mention all the great ports throughout the country, as they are hugely significant and we are a great maritime nation—and the small ports are very significant to our constituencies around the country. By weight, 96% of all products brought into the country come in through our ports.

We are a great maritime nation and I am very proud, as the shipping Minister, to be responsible for dealing with the red ensign, the shipping industry and the problems of piracy on the high seas, which is one of the most significant issues that I have dealt with in the past 18 months. I have worked on that with the International Maritime Organisation, and I want to take this opportunity to welcome the new secretary-general of the IMO to his extremely important post. I became a good friend of the outgoing secretary-general and we will host a dinner for him here in the House of Commons. I hope the shadow Minister will be here for that—if the invitation has not yet arrived, it is in the post.

Our previous debate served to demonstrate the importance of ports not only in economic terms, but for leisure. As highlighted in a Westminster Hall debate yesterday, there is often controversy about changes to ports, such as harbour revision orders. However, we need growth to get out of the economic mire the coalition Government inherited, and for that to happen we must use the best modes of transport.

We will always need our roads, and significant investment is going into our road system—almost £3 billion in the next three years. We also need to carry more freight on rail, and we are achieving that, too. However, there is a capacity issue, particularly on the west coast main line. That is one of the reasons why High Speed 2 is so important; it will free up capacity.

We also need to think again about our ports. The ships coming into our ports are getting ever bigger, and we must work out how we can get their vast cargos around our country, as our transport networks will struggle to cope. Some goods will be carried by rail, but most will go by road. We must also use coastal shipping, however, and we should use the ports in the constituency of my hon. Friend the Member for Suffolk Coastal and the new Gateway port on the Thames as hubs to promote a renaissance in coastal shipping in this country.

Happily, that has already started, but we must remain united in Parliament and continue to promote this move. It is the environmentally friendly way of regenerating the economy and bringing jobs to port areas where previously, perhaps, many were employed but which have recently struggled economically.

When ports are altered and harbour revision orders are made, environmental issues must always be addressed. The Marine Management Organisation has a vital role to play in that. We must not, of course, just bulldoze in, but the habitats directive has been a problem in respect of developing our ports. The directive is therefore being reviewed. The findings will be reported in March, and they will be significant for the future of the ports of our country.

The Chair of the Transport Committee, the hon. Member for Liverpool, Riverside, has just entered the Chamber, and I welcome her. She will not have heard this, but I have already praised her Committee extensively. I probably will not have time to do so again.

[Sarah Newton (Truro and Falmouth) (Con)]

I represent the small ports of Falmouth and Truro, and they have terrific potential to deliver on the agenda the Minister is articulating so well. Will he let us have the names and addresses of the people involved in the review of the UK interpretation of the EU habitats directive being undertaken by the Department for Environment, Food and Rural Affairs, as Members are struggling to find that information and we want to make representations to those people?

[Mike Penning]

I will certainly make that point to DEFRA. I have had the privilege of visiting Falmouth and listening to the issues and concerns there. It is a smallish—although not very small—port, but it is hugely significant, especially in my hon. Friend’s part of the country, and it can clearly contribute a lot. I pay tribute to the work being done there.

I will not rehearse all the points that were made in our earlier debate, but before I close this debate I want to say that this Government are taking the future of our ports, both large and small, very seriously. We have big decisions to make over the next few months and years on matters that can greatly help the growth of the economy and help us get out of the mess we inherited 18 months ago.

Question put and agreed to.

Business of the House

Ordered,

That, at the sitting on Wednesday 25 January, notwithstanding the provisions of Standing Order No. 20 (Time for taking private business), the Private Business set down by the Chairman of Ways and Means shall be entered upon (whether before, at or after 4.00 pm), and may then be proceeded with, though opposed, for three hours, after which the Speaker shall interrupt the business.—(Stephen Crabb.)

Port of Southampton

Mike Penning Excerpts

Wednesday 18th January 2012 Westminster Hall

[The Parliamentary Under-Secretary of State for Transport (Mike Penning)]

I am honoured to be serving under your chairmanship this morning, Mr Gray. It has been an interesting debate, but perhaps I may seek your indulgence, as this is the first opportunity that I have had to address the House following the disaster in Italy. Our thoughts and prayers are with the families who have lost loved ones or been injured over the weekend. I asked Sir Alan Massey, the chief executive of the Maritime and Coastguard Agency, to contact his counterparts in Italy and offer any assistance that they would need with the rescue, investigation or contamination. Perhaps they may need some skimmers from us. I have also written to my counterpart in Italy with similar remarks. On that point, I shall be on a cruise liner as soon as I can—not crossing the Atlantic, like the shadow Minister, but to stand steadfastly by the cruise industry and show that the disaster, although significant, should not reflect on the industry as a whole. I expect that nearly 2 million British people will go on a cruise by 2014-15, and I hope that that figure will be exceeded. I wish every success to all ports involved in the cruise industry.

Interesting comments have been made about the link between the position of Southampton and that of Liverpool. I am the decision-making Minister and will be considering the matter carefully and making a decision soon. If Liverpool had offered to pay back all the grant, as the hon. Member for Poplar and Limehouse (Jim Fitzpatrick) said, we would not be discussing anything here today. The decision would have been made by the previous Administration, and that would have been enough. Liverpool has not made the offer that the hon. Gentleman described, but it has made an offer, which I am considering. However, even if I make a decision, there is an issue to do with the funding that came from Europe, and state aid clearance will be required by the European Commission. However, I will look at the matter. I want a level playing field and growth in the cruise liner industry. I want Liverpool to be a success. I have been to Liverpool—twice now—and have worked with the city council and with Peel Ports. One of the most exciting things that Peel has done is to start to use the capacity of the Manchester ship canal in a way that has not happened for nearly 100 years. There is a desperate need for that, and I congratulate Peel.

The port that I have visited more than any other in the 18 months when I have had the honour and privilege to be the shipping and ports Minister is Southampton. There are many reasons for that, but not the least of those is its significance within the ports industry. That cannot be looked at in isolation. The issue has to do with a commitment of £150 million of private funding for increased capacity of 201 and 202 berths. Anyone who has heard me speak as shipping Minister in the past 18 months will have heard me go on and on about the importance of ports to an island nation. Frankly, successive Governments have not taken ports seriously enough. With the dramatic change that the right hon. Member for Southampton, Itchen (Mr Denham) alluded to in the size of bulk ships, which we could not have envisaged a few years ago, we need to make sure that our nation is not left behind, and that we have the necessary capacity in the UK. The investment by Hutchison at Felixtowe, which as hon. Members can imagine I have also visited, was significant in that context. I pay tribute also to DP World for sticking with it and going ahead with a £1.5 billion investment—36,000 jobs—in London Gateway. That will create competition for Felixstowe, which is good because competition within the ports industry is important. As I have said many times before, it is about not just those very big ports, but the provision of myriad services through the ports.

What is proposed in Southampton is not the largest deepwater port. Some of the bigger ships that are now being built will not be able to get in there. We are talking about a 16-metre depth when a 17-metre-plus at Gateway is under discussion and Felixstowe already has 17 metres. None the less, what this will do is allow the capacity to be spread around the country. Anyone listening to me will probably think that I am not supportive of Southampton having this port facility; well, categorically, I am. I want others to have it as well. Planning permission for deepwater ports already exists in Tees, Bristol and Liverpool. They will not be the largest ports, but they will take deepwater capacity ships—certainly to the size of 13,000 or 14,000 20-foot equivalent units.

As we look at this matter, we must ensure that the environment is protected. My hon. Friend the Member for Harwich and North Essex (Mr Jenkin), who is no longer in his seat, referred to the habitats directive. That directive has become a real issue; it was designed to do one thing and has become a hindrance in other areas. A review is currently under way, which will report in March. It will try to address the balance between protecting the environment and allowing this country to grow and businesses, especially ports, to carry out their work.

Members will hear the frustration in my voice when I say that much has been said about the MMO. The shadow Minister will not like what I am going to say, but the MMO was a creation of the previous Government. It did not come into force until April 2010. All the earlier action was carried out by the Marine and Fisheries Agency. Let me say—I will not beat about the bush here—there was a big cock-up, which is why the judicial review said that maladministration had taken place and that the agency had not done what it should have done.

Can I criticise Southampton for looking at what was given to it as a requirement and saying, “The legal body is telling us to do this, this and this”, and then doing it? I have always been involved in small businesses, and issues relating to the highways and to rail would have been addressed within their own business plans. If they had been asked to do something, I am sure that it would have happened. There is no doubt about that. In this case though, that did not apply. One of the things that Hutchison is concerned about is that it was certainly asked to do such things when it was expanding the port at Felixstowe which I visited at the start of my tenure as Minister. One of the delays to do with Gateway’s decision was with DP World. It was asked to do significant things relating to rail and road infrastructure. Negotiations, particularly over junction 30, went on right up to the last minute. Something that Hutchison has raised with me is whether the subsidies are there or not.

As we go forward, we can look at what the problems have been over the past few months. As I have said before with a degree of frustration in my voice, I do not have control over the MMO. I have control over the national ports policy, which we will debate tomorrow. Members will hear me talk about the renaissance in coastal shipping and in ports, both small and large. I can take so much freight off our roads. So many road miles can be taken away if we utilised our ports.

[Mr Watts]

I understand the political banter and why the Minister has talked about things happening on the previous Government’s watch and not his own. I think that that is a valid point. What action has been taken to deal with the officials who made that “cock-up”? This is what I find all the time. When one Government leaves office, the other one blames them. On this occasion, the problem is down to civil servants and individuals. Are they still working? Has action been taken to ensure that they do not make the same mistakes again?

[Mike Penning]

I do not know how Hansard is going to get the word “cock-up” in, but there it is again.

The MMO is a quango with almost no ministerial control whatever. Many of the civil servants in the previous incarnation did not transfer to the new organisation because it was reincarnated in Newcastle. Much of the personal knowledge about this particular case was not transferred. Once we have got through this—I must ensure that I do not interfere with any judicial process—we will be looking very closely at the matter. Remember this is a Department for Environment, Food and Rural Affairs and Department for Transport issue. Do not get me wrong, the Minister would never have seen this; it would never have got to him. This was below the radar level. None the less, it is quite simple to say, “You looked at these ports and you asked for this, this and this. When you came to this port, you didn’t ask for something that you have asked for at nearly every other port that I have looked at.” We will address this matter.

I want to look at how the MMO works. As the Minister standing before the Chamber, listening to colleagues and going on visits, it is enormously frustrating having very little control over things such as the harbour revision order. Even if the whole local community and the MP is against that order, all I can do is advise the MMO; I cannot actually instruct it.

[Mr Denham]

I am sure that there are many bigger issues to do with the MMO that need to be dealt with; the Minister is right. None the less, in five weeks’ time, the consultation will end. The MMO has to deal properly with that consultation so that it is free of legal challenge, but it must do it in an extremely timely manner. One of the reasons for having the debate with this Minister and this Department is that it is this Department that understands how important the issue is. I am not convinced that DEFRA Ministers do, and I am not sure that the MMO does. What we are asking the Minister today is for him and his Secretary of State to say to DEFRA, “In five weeks’ time, if you don’t have the right people in place with the right expertise, you will not be able to handle this in a satisfactory and timely manner.”

[Mike Penning]

I thank the right hon. Gentleman and he has probably taken the first point that I was going to make. I can do three things today. First, I can speak to my counterparts in DEFRA and tell them how seriously we consider this matter. If the MMO does not have the expertise, capacity and confidence to make a watertight decision, we will offer it the officials to help it to do that. It is independent of the Department for Transport, but I am sure that we can provide secondments if we need to.

The second thing we can do, which was mentioned by my hon. Friend the Member for Suffolk Coastal (Dr Coffey), is to say to Hutchison, “You have made your point.” There is no benefit in delaying this matter with a further challenge. As long as Associated British Ports does what it is asked to do with regards to the MMO and it supports the MMO decision, then that should be it. I cannot make it do that, but I am a constructive friend. I am sure that there are people who will be listening carefully to what the Minister has said about this delay. I am a friend of all the ports. I want competition, but this is not looking particularly good any more with regard to Hutchison. I fully understand its position. The law was not adhered to and maladministration took place, which is why the judicial review was minded to go down such an avenue. For lots of reasons, not least those relating to UK plc, jobs, infrastructure and the people of the Southampton area, we need to move on. Capacity ports need to be available. When outside investment considers UK plc, they may say, “We would like to invest there”. However, their Google alert or some other agency may then say, “Hold up a second, if you try to get consent down there, these are the sorts of problems you will get.”

I want Bristol to go ahead with its decisions. I want Liverpool, separate from the cruise business, to be able to go ahead with the deepwater port. I want Tees to go ahead as well. The Tyne is another one that should go ahead despite the issues relating to contamination. I was there only the other day. If all those ports go ahead, it will create the capacity that we need to get freight off the roads. As our economy grows, and it will grow, we need to ensure that we can be in the marketplace. We need to be a hub for these huge containers. Let us not underestimate the sheer size of the task that we are talking about. I stood at Felixstowe on the deck of one of the larger Maersk ships and looked down on the cranes that were trying to load her. Those cranes have now been replaced by even larger ones, which the Secretary of State must have seen when she was there the other day.

We need to be in-step with a market that is world led. We have been world leaders in this field for years and years. We stepped back when previous Governments did not take ports and shipping seriously. I do take them seriously and I hope that this plan goes ahead for Southampton.

Parking (Westminster)

Mike Penning Excerpts

Tuesday 17th January 2012 Westminster Hall

[The Parliamentary Under-Secretary of State for Transport (Mike Penning)]

It is a pleasure to serve under your chairmanship this afternoon, Mr Howarth. I apologise that the Minister responsible for local government is not here. I am stepping in on his behalf. He is in Newcastle, although I know that he would have liked to have been at this debate. Some of the questions asked by the hon. Member for Westminster North (Ms Buck) may need to be dealt with by letter.

As the hon. Lady knows as a former Under-Secretary of State for Transport, it would be wrong and improper for me to get drawn into the decisions of the judicial review. I stress that some of the comments she made seemed to pre-empt what the judges at the judicial review will look into. I am pleased to see my hon. Friend the Member for Cities of London and Westminster (Mark Field) in his place.

Very unusually for me, I am going to read. I normally know my brief well enough not to need to do so.

The Government are fully aware of the strength of feeling surrounding the proposed changes by Westminster council. It is difficult not to be, given what is in the local press and on the local news. The strong views expressed, and the concerns raised by residents and businesses in Westminster, show just how important issues such as this are, not just for Westminster, but across the country as a whole. It is essential that local authorities do all they can to get the balance right and to develop and maintain an effective parking and traffic management strategy that serves the interests of all stakeholders in as fair and equitable a way as possible.

There will be a little repetition, for which I apologise, but it is important that the Government set out their position. Among other things, Westminster has to strive to understand the needs of industry, shops, restaurants, clubs, theatres and Churches, as the hon. Lady alluded to, as well as the needs of the employees, customers and residents in the area affected.

[Mark Field]

It is also worth stressing, and this point perhaps relates to something that the hon. Lady said, that the west end and the centre of London seem to belong to more than just one or two constituencies. It is fair to say that relatively few of my constituents—my residential constituents—wrote to me about this scheme and of those who did a number were in favour of it. However, it is also the case that a lot of businesses, particularly independent businesses, are implacably opposed to the scheme. There are specific issues in Westminster because of the nature of our local authority, which means that this scheme has become a higher-profile issue and aspects of it would not necessarily be transferrable to other local authorities throughout the country; I disagree with the hon. Lady that they would be transferrable.

[Mike Penning]

My hon. Friend raises an important point. The character of this part of town—a town in which I was born and brought up—is unique in the country. However, I will come on to the issues relating to parking and parking spaces, and revenues that are surplus to the cost of creating those parking spaces. They are important issues, and they were the issues that the hon. Lady was referring to.

Many people choose to travel by public transport, but many others usually use their car or van. Also, parking spaces are clearly limited, both on and off the street, and there is considerable demand for road space in one of the busiest areas not only in London but in the country. Without doubt, congestion—one of the areas covered in my portfolio—is a real problem. I can understand the competing concerns that the local authority in Westminster has to address. There are very difficult issues that need to be addressed when developing appropriate parking strategies in such circumstances.

The hon. Lady referred to the fact that Mary Portas produced a report for the Government on high streets, recommending that local areas should implement free controlled parking schemes in their town centres wherever possible. However, I am not certain that such a scheme would work brilliantly within Westminster, for obvious reasons.

The Portas review points out that the high street is in serious threat of decline. No matter where we look around the country we can see that, and Westminster is no exception. Town centre shopping is affected by the internet and out-of-town stores. The number of shops in the country as a whole has gone down by 25,000 during the past 10 years, so it is not something that has just suddenly happened, and Opposition parties cannot blame everything on the current Government; that decline has been going on for some considerable time. The case that Mary Portas makes in her report is that a range of measures—not just parking measures—should be used to encourage people to use secondary and main high streets, and it is an absolutely important case.

However, as the hon. Lady said, the report by Mary Portas indicates the crucial role of parking in making an area vibrant, and I think that that is the biggest point that we have heard today. The Government agree with the report by Mary Portas on that. I am not saying whether the Government fully agree with the comments that the hon. Lady said that Mary Portas had made, because I have not actually seen those comments, but I am sure that Mary Portas is more than capable of standing up for her own comments. So we are encouraging local authorities to look closely at how parking provision and charges work.

The Government understand that these issues have a massive effect. So, in January 2011, we amended the national planning guidance to remove Whitehall restrictions that imposed maximum numbers of parking places in new residential developments; to change a policy that inhibited competition between council areas, so that one parking charge would be imposed and another would not, which related to in and out of town centre developments; to introduce a policy that parking enforcement should be proportionate, and I stress proportionate; to remove the policy that encouraged councils to set car parking charges to discourage the use of cars; and to increase support for electric car power-charging infrastructure in parking areas.

The Government’s draft national planning policy framework follows through on those changes by removing the restrictions that impose maximum numbers of parking spaces in new non-residential developments. That will also relieve pressure on on-street parking.

As we know, Westminster council has now postponed its plans until beyond the Olympics and the jubilee celebrations. The Government welcome that decision, but we will wait—I think everyone will wait—for the judicial review to reach its own conclusions. It is up to Westminster council—if we believe in localism, we must leave it to the council—to come forward and make its decisions, based on the guidance that it has.

We appreciate Westminster council keeping Department for Transport Ministers fully informed, and council representatives have had several meetings and conversations with Ministers; I myself had a phone conversation yesterday with Westminster’s chief whip, Mr Caplan, about this debate. I understand that Westminster council has agreed to use the intervening period to discuss its policy and to continue to listen to the concerns of residents, visitors and businesses, who I am sure also want to find solutions to the ongoing pressures that the hon. Lady alluded to in her speech. The key is achieving a sustainable economy for the residents and the businesses together, and that is something that we all want to achieve.

It would perhaps be useful if I provided some context and said where Westminster is in the legal framework; the hon. Lady referred to the legal framework. The Department issues operational guidance to local authorities on parking policy and enforcement. That guidance was revised in November 2010, and it supports and complements the statutory guidance published under section 87 of the Traffic Management Act 2004, to which local authorities must have regard—I stress the word “must”.

Local authorities have long been responsible for managing all on-street parking and some off-street parking, and their relevant powers were first laid out in the Road Traffic Regulation Act 1984. Section 16 of the Traffic Management Act 2004 imposes an explicit duty on local authorities when they are carrying out these functions to manage their network so as to reduce congestion and disruption, and to appoint a traffic manager.

Following the provisions for authorities to manage parking that are laid out in the Road Traffic Regulation Act 1984, the Road Traffic Act 1991 significantly changed the way that on-street parking restrictions are enforced. Before the 1991 Act, the police and traffic wardens were responsible for enforcement, and income from fixed penalty notices specifically went to the Chancellor of the Exchequer. However, the police found that the impact of parking enforcement on the resources of a number of forces supported the idea that another agency should take responsibility for such enforcement.

The potential road safety and congestion implications of a lack of enforcement were unacceptable, so the 1991 Act made it mandatory for London boroughs and optional for other local authorities to take on the civil enforcement of non-endorsable parking contraventions; in other words, parking fines where a driver does not receive points on their licence. In London, boroughs were responsible for enforcement of such fines and some other authorities also enforced such fines. The legal framework for enforcement authorities is now contained in part 6 of the Traffic Management Act 2004.

Now you know, Mr Howarth, why I am reading it and not trying to do this from memory.

[Mr George Howarth (in the Chair)]

Order. I think that the hon. Gentleman was referring to his notes.

--- Later in debate ---

[Mike Penning]

Correct, Mr Howarth. And noted.

The legislation clearly places the responsibility for managing and enforcing parking on local authorities, and it is a mandatory requirement in London, including in Westminster.

The Department for Transport supports local authorities by issuing both statutory and operational guidance on parking policy and enforcement. The guidance makes it clear that each local authority should have a clear idea of what its parking policy is and what it intends to achieve by having that policy. Then the local authority needs to make traffic regulation orders to put parking arrangements in place, displaying appropriate traffic signs to show the public what the restrictions mean.

The parking strategy needs to take account of planning policies and transport powers; the needs of the many and various road users, businesses and residents in the area; the appropriate scale and type of provision that it will undertake; the balance between short and long-term provision; and the level of charges, which must be formally addressed.

On the issue of charges, I should add that both the statutory and operational guidance make it clear that parking charges are a tool to manage the demand for parking and should not be used as a revenue-raising measure. I will return to that point in a few moments if I can. The Department also recommends that authorities should consult the public on parking policies as they formulate or appraise them, before coming to a decision.

What I think the hon. Member for Westminster North was asking about earlier, and I think that my hon. Friend the Member for Cities of London and Westminster alluded to it too, is what happens if a council tries to reduce congestion and address the parking issues—as set out in the guidance—and there is a surplus. In my constituency, there is a surplus. We have looked very carefully at how we fix the charges, and there were lots of discussions about whether there should be a charge of £1, £1.50 or £1.75, and there were all the arguments about the change and so on. The figure ended up being, say, £2, and then the surplus comes.

I do not think that there is any doubt that Westminster council knew—I think that it has been very open about it—that there would be a surplus and that that surplus would be used. However, it is quite specifically set out in the regulations and the guidance how that money—the surplus—should be used within the community. So I think what the Secretary of State for Transport was alluding to in her comments was that there was a knowledge that there would be a surplus, but the main reason Westminster council was introducing this scheme was to reduce congestion and to ensure that it is possible for the local community, businesses and people—

[Mr George Howarth (in the Chair)]

Order. We must now move on to the next debate.

Noise Reduction (M54)

Mike Penning Excerpts

Tuesday 17th January 2012 Westminster Hall

[The Parliamentary Under-Secretary of State for Transport (Mike Penning)]

My hon. Friend the Member for South Staffordshire (Gavin Williamson) will be pleased to know that roads are part of my portfolio, so I should be able to handle the debate slightly better than the previous one. I congratulate him on securing the debate and giving me the first opportunity to congratulate him on his work in getting Jaguar Land Rover to invest in his constituency. It is the sort of investment we desperately need.

With investment comes infrastructure issues, particularly in my Department. I am sure that all my hon. Friend’s constituents welcome the investment and the new jobs, but, interestingly, with that often comes enhancement—we could call that 106s, “planning bribes” or whatever we call them these days. As he knows better than me, there will be a lot of work on junction 2, which I will come on to in a moment. We have already moved in the debate from the whole length of the M6 to the Chilterns, so it is a shame that we have only another 15 minutes or so.

I assure my hon. Friends that investment in High Speed 2 has no effect on the money secured from the Treasury for road improvement and infrastructure. I had about £1.4 billion to spend on capital road infrastructure over the three years of the spending round and was then given just over £1 billion in the autumn statement, which is about £2.5 billion, give or take, over three years. We would not have dreamed of such investment when we entered coalition Government and inherited the financial mess 18 months ago, but the money has been found for good reasons—the biggest of which is that without infrastructure, we cannot have growth, and without growth we cannot get out of the financial mess we inherited.

My hon. Friend has done his homework correctly. There have been fads in construction over the years, and I say “fads”, because one minute something is the greatest piece of design technology we have ever seen and needs to be protected, and the next minute it is out of fashion and out of the way. There are two sides to concrete road construction. The upside is that such roads last for a very long time and do not wear out like flexible coverings—that is a technical term for tarmac. The bad news is that the concrete part of the M54 is unlikely to need resurfacing for 10 years. We will keep a close eye on it and ensure that, if it starts to deteriorate more quickly than that, we will address it immediately.

The downside to concrete is noise, and I freely admit that. It often depends on the type of tyre used on the vehicle. We have so far—touch wood—not had the worst winter, and my stockpiles of salt are doing remarkably well at the moment, but this time last year we had had a severe winter already. People—lorry drivers and hauliers—are starting to think about switching to the tyres that they use at other times of the year. That has a massive effect on noise. If people address the type of tyre they need for the environment they are working in, we will have fewer breakdowns and blockages, so it is a positive step. There have been fantastic developments in the tyre industry. In the old days, there would be a town tyre and a town and country tyre. There are much better developments now, but noise is an issue. No matter where I go in this great country of ours, road noise is an issue in every constituency, including mine.

[Gavin Williamson]

I would like clarification of the Minister’s remarks about when concrete-topped surfaces need repair. Will he confirm that when the road needs repair, it will not be repaired with more concrete but with a low-noise surface?

[Mike Penning]

There is a difference between repair and replacement. I cannot guarantee that that will be the case when the road is repaired—in other words, when potholes and so on are fixed—but what is needed to repair it will be done. I will come on to replacement in a moment.

We do not have a huge amount of concrete road, but a lot of local authority roads are concrete, and for maintenance, the longevity of the investment is an issue. My hon. Friend is right about the rest of the tarmac on the M54; low-noise surfacing, which reduces noise by about 50%, is not on that part of the motorway. I have never heard it called “whisper” tarmac, but developing that would be fantastic for everybody. The i54 development, with which he was involved, will lead to significant changes to junction 2 and the slip road, which I know the local authority has planned carefully. We will work with it to ensure that the project works for the local community and Jaguar Land Rover. I can categorically say that all the new parts of it will be low-noise.

The Department for Environment, Food and Rural Affairs was told by the European Commission—not many good things have come out of the Commission over the past few years, but this is one good thing—that it should do a noise survey of the whole country, including the road network. I am sorry to say to my hon. Friend that this particular part of the M54 does not fit the criteria for being excessively noisy. That offers no comfort or solace to residents in his constituency, but think about how bad the problem is on the road network in other parts of the country. Interestingly, the A449 going north from junction 2 meets the criteria and will be resurfaced imminently with low-noise tarmac. It already needs replacing, but it is deemed to have a significant problem with noise.

That is nearly all the bad news. The tarmac on the M54 where the concrete stops is also in good condition. We do not predict that we will need to replace the tarmac on the M54 for approximately four years. Although there will be new tarmac on the new roads—new, low-noise tarmac on the A449—it will be a considerable time before the M54 concrete-tarmac is resurfaced. However, I assure my hon. Friend that, when that is done, low-noise tarmac will be used on the concrete as well as on the existing tarmac.

The solution might seem simple—as I have asked my officials, surely we can lay the tarmac on the concrete, because it provides a strong sub-base—but that is not the case. It will have to be broken up and created as a sub-base, and the tarmac will then have to be re-laid in great depth on top, because the product is flexible, not rigid. Wear can cause so many problems.

My hon. Friend has alluded to the debate that is taking place, rightly, in all our constituencies throughout the country. I hold up my hand—it is happening in my constituency, where I have had exactly the same discussions. I have to look at the money available for maintenance and for capital projects that will keep the country going, and I must spend that as wisely as possible. I do not have the bottomless pit of money to which my hon. Friend has alluded, and in many ways I am pleased that I do not, because it gives me the opportunity to study carefully where our money is being spent. That makes me popular in certain parts of the country. I am pleased that the M6 widening project will be popular. It will give us capacity, and road safety will be significantly enhanced.

As an ex-fireman, I was very sceptical about managed motorways, because they were taking away the hard shoulders. Then I thought back to my time in service. Where did I see the major, serious fatalities on a motorway? It was on the hard shoulder. One of the first incidents that I ever went to involved an ice cream van parked on the hard shoulder. It is not the most robust of vehicles, because of the chassis, engine and fibreglass on top. It had broken down, pulled over to the hard shoulder and been hit by a lorry. The driver thought he was safe. Fortunately, he had left the vehicle to walk to an SOS phone. The vehicle resembled a skateboard—we would never have known that it was an ice cream van. It had been completely wiped out. If people’s vehicles break down on the motorway, they should pull over to the hard shoulder and then get out and on to the other side of the barriers, which is where they will be safest. Modern technology on the motorways means that assistance should get to them quickly. SOS phones are available and mobile phones have enhanced safety enormously on our roads.

Managed motorways have rescue areas and sanctuaries that allow us to sweat the existing assets. We do not have to go through planning all over again, because the motorway has already been built and the hard shoulder is up to road standard. It is interesting that, while hard shoulders were built to road standard all those years ago, we are only starting to use them now. The M42 pilot project showed that it works and road safety on such roads has been enhanced. We can get more vehicles on and it is much easier to control the flow of congestion. If we look at the M42, we see that there are far fewer traffic jams and stationary traffic. I would much rather see traffic running at 40 or 50 mph than it being stationary before rushing off at 70 mph and having to stop again later.

I cannot promise to put up sound barriers all along the motorway. I have made a note—and my officials are present—to look specifically at junctions 13 and 14, as my hon. Friend has asked me to do, and I will write to him about that.

[Gavin Williamson]

I thank my hon. Friend the Minister for being so generous in giving way again. I welcome his reassurance that low-noise, low-impact tar will be used across the whole stretch of the M54 when it is resurfaced. He has pointed out that the road between the M6 and junction 2 already has a tarmacadam, or flexible, surface. Can he give my constituents and me an idea of when the resurfacing will realistically happen? Will it happen in my lifetime or in my daughter’s lifetime? My top priority as a constituency Member of Parliament—I am being selfish; there are no Members from Shropshire present—would be from junction 2 to Telford and on to junction 3. When could that happen?

[Mike Penning]

It will be during my hon. Friend’s time as a constituency MP for his area—he is going to be there for a long time, because he is such a hard-working constituency MP. The time scale for the expected replacement of the tarmacadam part is four years from now. It may wear out slightly earlier than that, or—I am crossing my fingers—it may last a little longer. The longer it lasts, the more money we will have in the pot. I fully understand that that would be good news for my hon. Friend, and it would be good news for me regarding the budget. The faster it is replaced, the faster the low-noise tarmac will come in.

Sound screens will also be used and some are already up. They help, but they are not, under any circumstances, the answer to the problem. Mounding or bunding is another option—I know that that has been done in my hon. Friend’s constituency. Trees help, but they have to be placed at such depth. They have to be at about 10-plus metres before they can provide any tangible benefits. They look pretty, but if people stand on the other side of them—as I have done on many an occasion—they will see that they do not really help. We will put in sound-proofing, particularly wood-panel sound-proofing, where we can, but it is not feasible to do so across the motorway network and the A-road network.

We are looking at specific areas. On areas where we are doing new works in particular—this is why I touched on the M6—it is built into the project that we look at the issue. I am sure that that has happened with junctions 13 and 14, but please do not think that that is not also true of the A15, A16 and A17—we probably have done it. It is a massive advantage that, if we can sweat the assets, it leaves us some money elsewhere to do the sort of advanced projects to which my hon. Friend has alluded.

On the concept itself, the i54 project is so important not just to my hon. Friend’s constituency—I fully understand that—but to the country as a whole. It sends a message that this country is open for trading and investment. I was lucky to be on the Thames estuary when DP World announced a £1.5 billion investment in the newest port—it is huge—in the United Kingdom, just at the time when people were saying how difficult the situation was. Yes, the situation is difficult, but there are people who are willing to invest, and that will lock straight into the M25 and give us an opportunity.

Even though I have not said that this issue will be resolved imminently, works will be done soon in relation not only to the local authority and the i54 development, but to the A449. When the roads wear out, we will resurface them with low-noise tarmac. The estimated time is four years for the tarmac and 10 years for the concrete. I stress that the concrete is a major job and not something that can be done overnight, because the expense will be huge.

Question put and agreed to.

Electrically Assisted Pedal Cycles

Mike Penning Excerpts

Thursday 12th January 2012 Written Statements

[The Parliamentary Under-Secretary of State for Transport (Mike Penning)]

I am today publishing the responses to a public consultation which sought views on proposals to provide closer alignment of GB regulations with European rules.

The consultation was launched on 5 January 2010 in conjunction with a related consultation on electric personal vehicles (EPVs) and ran until 30 March 2010. The EAPC regulations were also included within the “Retail” and “Road Transportation” themes of the “Red Tape Challenge” which ran from 7 April to 17 June 2011.

The Department has considered the responses and supports recommendations to harmonise power limits (from 200 watts to 250 watts) with similar provisions in place across the EU—allowing consumers access to a wider range of electrically assisted cycles.

Regulatory proposals will be developed to update power limits and consider other amendments, for example on weight limits, once EU discussions on a much wider group of two, three and light four-wheeled vehicles conclude. The outcome of EU discussions could have implications for the regulation of EAPCs, and it would therefore be unhelpful to make amendments at this time which might need to be subsequently repealed.

A detailed summary of the responses to the consultation will be available in the Libraries of both Houses and will be available on the Department’s website at:

http://www.dft.gov.uk/consultations/dft-2010-02

Oral Answers to Questions

Mike Penning Excerpts

Thursday 12th January 2012 Commons Chamber

[Julian Sturdy (York Outer) (Con)]

13. What steps she is taking to improve road infrastructure.

[The Parliamentary Under-Secretary of State for Transport (Mike Penning)]

The Government announced in 2010 that we were investing £2.1 billion to start 14 new road schemes over this spending review period and to complete eight existing schemes. A further £1 billion of new investment was also allocated in the autumn statement to tackle areas of congestion on the strategic road network.

[Mark Garnier]

As the Minister will be aware, a number of other projects can have specific local economic impacts. Two such projects are the Stourport relief road and Hoo Brook link road in Wyre Forest. Will the Minister meet me and the leaders of Wyre Forest district council and Worcestershire county council to discuss how his Department might assist in the progress of those two projects?

[Mike Penning]

I will be more than happy to meet my hon. Friend and those council leaders, but I think this is probably a matter for my colleague the Minister for local roads, the Under-Secretary of State for Transport, my hon. Friend the Member for Lewes (Norman Baker). If he can meet them, that will be fine, although, ultimately, these matters are for the local authorities.

[Gavin Barwell]

Congestion on the A23 is a major problem. Will the Minister or one of his colleagues meet me to discuss what the Department, along with the Mayor of London, can do to improve conditions on that road?

[Mike Penning]

I am always more than happy to meet colleagues, especially to discuss the A23, which is a much-improved road since the Hindhead link tunnel was opened. The stretch of the A23 about which my hon. Friend is concerned is mainly a matter for the Mayor, but I am more than happy to help in any way I can.

[Stephen Metcalfe]

The Minister is aware of the importance to the national economy of the Dartford crossing, and he is introducing plans to increase capacity. However, to get the maximum benefit from those improvements work must be done on junctions 30 and 31 of the M25. When will the Minister publish detailed, costed plans for those improvements, which are especially important given the developments that have taken place in the Thames Gateway?

[Mike Penning]

I can tell my hon. Friend the Member for Thurrock—[Interruption.] My hon. Friend the Member for South Basildon and East Thurrock (Stephen Metcalfe); I apologise for having got the constituency name wrong, but it is a long time since I stood for election in that part of the world. We are currently working on the costings for junctions 30 and 31. As my hon. Friend will be aware, the fantastic investment by DP World at the Gateway port means there will be work at junction 30, and we will publish proposals as soon as we can.

[Julian Sturdy]

As my hon. Friend the Minister will know, I am deeply concerned about the A64 and the A237 in York. Those vital road corridors are increasingly congested and accident prone and are a major drain on our local economy. Can the Minister give me any information about any future funding for projects, and will he again meet me and a group of local MPs who share my concerns?

[Mike Penning]

It looks like I shall be very busy with meetings, but I am more than happy to meet my hon. Friend and his colleagues as we look for new road programmes for the future. He may not know that I was on the A64 to Scarborough on new year’s day and experienced some of the traffic problems on that day.

[Kelvin Hopkins (Luton North) (Lab)]

As the Minister’s constituency is near mine, he will know that we in the eastern region have terrible east-west road links. Is he carefully considering any serious schemes for improving those links?

[Mike Penning]

Yes, and we are looking very closely at one of the most significant road problems we have: the A14 link across the eastern corridor. We have limited available funds, but I am very pleased that the Chancellor announced an extra £1 billion in the autumn statement. I will be happy to work with the hon. Gentleman at any time to improve the transport links in our part of the world.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Although we always like to hear of the big schemes, is the Minister aware that low-cost engineering schemes save the most lives? They are the best investment and offer the best bang for the buck. In this the United Nations decade of accident reduction, the most likely cause of death for any young man anywhere in the world is a road accident, so will we consider any innovations we might introduce on the roads through low-cost schemes?

[Mike Penning]

The hon. Gentleman is absolutely right and the fact that he mentions is a sad indictment. Boys aged between 17 and 25 are 10 times more likely to be involved in an accident than a lady of that age. Low-cost schemes are vital, and some of the very low-cost schemes, such as retro-reflective paint on roads, have moved things on a huge amount in the last 10 years. I assure the hon. Gentleman that I am considering such schemes.

[Bill Esterson (Sefton Central) (Lab)]

The Government have approved construction of the Switch island to Thornton relief road. The land is owned by a number of Government agencies, including the Forestry Commission, the Vehicle and Operator Services Agency and the Highways Agency. Will the Minister encourage his ministerial colleagues to speed up negotiations with Sefton council, so that work can start on the road?

[Mike Penning]

I am working with other Departments and Ministers. This is a vitally important scheme and we will push it forward as fast as we possibly can.

[Dr Julian Huppert (Cambridge) (LD)]

Cycle infrastructure is sadly lacking across the country and that causes a number of safety problems, such as a recent tragedy at King’s Cross and many others around the country. What steps is the Minister taking to improve the quality and amount of cycle infrastructure on our roads?

[Mike Penning]

Most of the roads I am responsible for are part of the national road infrastructure, and I hope there are no cyclists on that part of the infrastructure. However, the hon. Gentleman is absolutely right: cycling is vital not only to local commuting and enjoyment but to the health of the nation. I am sure that the Under-Secretary of State for Transport, my hon. Friend the Member for Lewes (Norman Baker) was listening closely to what the hon. Gentleman said.

[Teresa Pearce (Erith and Thamesmead) (Lab)]

2. Whether her Department has conducted an impact assessment of the proposal in the McNulty report on closure of ticket offices.

--- Later in debate ---

[Mr Greg Knight (East Yorkshire) (Con)]

12. What plans she has for future use of variable speed limits.

[The Parliamentary Under-Secretary of State for Transport (Mike Penning)]

Mandatory variable speed limits will continue to be used as part of the management of traffic on controlled and managed motorways on the strategic road network. Three schemes will be started this year and there will be a further 10 schemes by the end of 2015.

[Mr Knight]

I am grateful to the Minister for that reply. We heard calls earlier today for the greater use of 20 mph speed limits, but is the Minister aware that often the danger that justifies a 20 mph limit is transient, such as outside a school, where the danger is present only briefly during the school day—in the morning, at lunch time and in the afternoon? As we already have the lowest speed limits in Europe, will the Minister encourage local authorities to make greater use of variable 20 mph limits so that once the danger has passed the limit will default to 30?

[Mike Penning]

That is exactly what is being looked at in the Department at the moment. On the motorway network, where variable speed limits help us to sweat the assets, where we can stick to national speed limits we shall continue to do so.

[Eric Ollerenshaw (Lancaster and Fleetwood) (Con)]

15. What progress has been made on the northern hub railway project.

--- Later in debate ---

[Fiona Bruce (Congleton) (Con)]

T8. Road crashes are the biggest single killer of young people aged between 17 and 25 in this country today. Will the Minister join me in congratulating Cheshire safer roads partnership’s “Think, Drive, Survive” scheme, which brings officers into schools to teach young drivers about better road safety? What more can the Government do in this respect?

[The Parliamentary Under-Secretary of State for Transport (Mike Penning)]

I am sure that my hon. Friend is aware that I have done that excellent scheme in Cheshire and have the certificate on the wall in my office. One of the things we can do is ensure that the test taken before someone is given a driving licence is fit for purpose and that it is not simply a case of passing a test, but of giving the skills everyone needs, particularly young people, to be able to drive and enjoy the road safely.

[Julie Hilling (Bolton West) (Lab)]

T6. Driver fatigue and sleepiness is a major cause of road accidents, and it is estimated that one in six lorry drivers suffers from sleep apnoea. Does the Minister have any plans to increase health checks on lorry drivers to diagnose sleep apnoea?

[Mike Penning]

This is a condition that I have known about for many years, as I used to be a heavy goods vehicle driver, and it is something I am looking at now. The hon. Lady has met me and knows that we are working on this. I look forward to bringing forward proposals so that we can ensure that an industry that is already very safe is even safer in future.

[Duncan Hames (Chippenham) (LD)]

Chippenham station lacks disabled access, in large part due to restrictions on modifying buildings and structures considered to be historically important—I wonder what Brunel would think of that. Does the Minister agree that such heritage concerns ought to be applied proportionately so as not to frustrate either access to the railway or, indeed, impose an unreasonable financial burden on achieving it?

--- Later in debate ---

[Elizabeth Truss (South West Norfolk) (Con)]

The A47 is a vital strategic route from east to west, but in many places it is still single carriageway. Does the Minister agree that it needs to be upgraded to a national strategic route, as it was before the previous Government downgraded it?

[Mike Penning]

I am very aware of the significance of that road. This is something we are looking at and will continue to look at as we develop plans for future road improvements.

[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

T9. I continue to receive representations from constituents regarding the Government’s plans for MOT tests. What assurances can I give them that concerns about safety have been taken into account, and what plans has the Secretary of State to update us?

[Mr Philip Hollobone (Kettering) (Con)]

May I thank the roads Minister for his interest in and commitment to the £110 million expansion of the A14 around Kettering, and, given its proximity to the town of Kettering itself, urge him to include as many noise reduction measures as he can when the scheme is constructed?

[Mike Penning]

I had a fantastic visit to Kettering and looked at the roads programme that is going to be developed, as well as at the town centre redevelopment, which is a huge success. We will ensure that noise reduction is part of the plan, so that the local community benefits from the new road and is not encumbered by it.

[Kerry McCarthy (Bristol East) (Lab)]

T10. In Bristol, the city council is being forced to make savings of £2 million, directly affecting its subsidy to First Bus. Routes are being cancelled, operating times are being cut and fares, which are already far too high, are still rising. What efforts are Ministers making to ensure that local bus routes remain operational and affordable?

Carriage of Passengers and their Luggage by Sea

Mike Penning Excerpts

Wednesday 14th December 2011 Written Statements

[The Parliamentary Under-Secretary of State for Transport (Mike Penning)]

I wish to inform the House that the Government have opted in to the Council decision concerning the accession of the European Union to the protocol of 2002 to the Athens convention relating to the carriage of passengers and their luggage by sea, 1974, as regards articles 10 and 11 thereof. The UK notified its intention to the Council and to the Commission that it wishes to accept the measure soon after the Council decision was adopted at Transport Council on 12 December 2011.

The Council decision sets out the basis for the Union’s competence in respect of articles 10 and 11 of the 2002 protocol and authorises the Council to conclude the 2002 protocol on behalf of the EU. A separate Council decision relating to the other provisions of the 2002 protocol was adopted in parallel to this decision. The Union has exclusive competence as regards articles 10 and 11 of the 2002 protocol as it affects the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters in the Union.

The UK has decided to opt in to this Council decision to ensure that it is in a position to ratify the 2002 protocol within the framework of the UN’s International Maritime Organisation, as soon as it is ready to do so. The UK must have opted in to the Council decision if the appropriate provisions on jurisdiction and the recognition and enforcement of judgments are to apply.

The UK strongly supports the entry into force of the 2002 protocol because it will significantly enhance the international regime of liability that exists for damage suffered as a result of the death of, or personal injury to, a passenger and the loss of or damage to luggage, by sea—established by the 1974 Athens convention. The 2002 protocol will require shipowners to maintain compulsory insurance up to approximately £250,000 per passenger per voyage to cover liability in respect of the death of and personal injury to passengers on board ships and significantly raise the limits of liability from approximately £46,000 to £400,000 per passenger on each distinct occasion. It will also introduce other mechanisms to assist passengers in obtaining compensation, based on well-accepted principles applied in existing liability and compensation regimes dealing with environmental pollution. These include replacing the fault-based liability system with a strict liability system for shipping-related incidents and introducing the right of direct action against the insurer.

The Union has already adopted EU Regulation 392/2009 on the liability of carriers of passengers by sea which incorporates the 2002 protocol into EU law and ensures the uniform application of the 2002 protocol in the EU from 31 December 2012. It is, however, important that the UK and other EU member states ratify, or accede to, the 2002 protocol to ensure that both instruments apply simultaneously within the EU as soon as possible. Such an approach will greatly simplify the application of Athens regime in the shipping industry.

A copy of this statement has been placed in the Libraries of both Houses.

Driver and Vehicle Licensing Agency

Mike Penning Excerpts

Tuesday 13th December 2011 Written Statements

[The Parliamentary Under-Secretary of State for Transport (Mike Penning)]

The DVLA has a long history of providing driver and vehicle licensing support to Great Britain’s drivers and motorists and in providing essential services to the police and other agencies to keep our roads safe. But times change and so do the needs of customers. To make sure the DVLA meets those changing needs, I am announcing today the launch of a consultation on a programme of work which will transform the way that the DVLA delivers its services to customers.

This programme will make it easier for motorists to carry out their business with the DVLA. This will be achieved by centralising services and providing much more choice and flexibility around how and when motorists deal with the DVLA. The proposals could deliver significant efficiencies with an estimated £28 million year on year saving.

As a result of these proposals I expect the DVLA to centralise services at its Swansea offices and to deliver those services electronically and in partnership with others. To this end, the DVLA will withdraw from its network of expensive, regionally located offices by the end of 2013. As this proposed centralisation of services is expected to have an impact on resources, the DVLA will now consult staff in these offices and the trade unions on the impact of the changes.

Also, motorists in Northern Ireland currently do not have access to all vehicle services that are available on the mainland, for example, the facility to tax a vehicle online is currently unavailable in NI. As part of this programme, the DVLA will also look to offer the full range of services to motorists in Northern Ireland.

The DVLA will ensure that the motor trade and customers are fully involved in the consultation on the transformation programme and that service delivery will not be adversely affected; rather, the expectation is that for many, services will be enhanced.

I am committed to improving the service all motorists receive while increasing efficiencies. I believe these changes will bring service improvements, better value for money and a faster, more responsive service for customers, while at the same time delivering greater productivity from the DVLA’s workforce.

Dartford Crossing Petition (Correction)

Mike Penning Excerpts

Tuesday 13th December 2011 Written Statements

[The Parliamentary Under-Secretary of State for Transport (Mike Penning)]

On 14 September 2011, the hon. Member for Dartford (Gareth Johnson) presented to the House a petition:

“The Petition of residents of Dartford and readers of the Dartford Messenger newspaper, declares that the Petitioners are opposed to any increase in tolls charged for the Dartford Crossing. The Petitioners therefore request that the House of Commons urges the Department for Transport not to increase tolls on the Dartford Crossing and to reconsider the emergency measures to lift the barriers during severe congestion and extend the local residents discount scheme. And the Petitioners remain, etc”. [P000960]

Regrettably, the “Observations by the Secretary of State” published by the Department for Transport on 14 October were incorrect, and related to another petition. The observations should have been as follows:

The Government set out its intention to revise the road user charging regime at the Dartford-Thurrock River Crossing as part of the outcomes of the Government's 2010 Comprehensive Spending Review in October 2010.

Subject to consultation, the Government proposed increasing the levels of road user charges in 2011 and 2012, in order to continue the prioritisation of improvements to the Crossing in the short, medium and longer term. The improvements include the suspension of charges at the times when an emergency exists such as severe congestion, the implementation of new, free-flow, charging technology, and the review of options for additional crossing capacity.

The Department for Transport published for consultation the details of its proposed revisions to the road user charging regime on 30 June 2011 and the consultation period closed on 23 September 2011.

The Department recently announced that there will be no increase in charges in November 2011 or April 2012.

The Department is considering the responses made during the consultation, and will consider carefully all the representations made before making any announcements on its conclusions.

The Highways Agency began a six month trial of an operational charge suspension protocol in July 2011, and it will review the effectiveness of the trial following its conclusion in December 2011.

Court Notification of Drink-Drive Offences

Mike Penning Excerpts

Thursday 8th December 2011 Written Statements

[The Parliamentary Under-Secretary of State for Transport (Mike Penning)]

In conjunction with my hon. Friend the Under-Secretary of State for Justice, the Member for Huntingdon (Mr Djanogly), I wish to inform the House of serious errors that have been identified in the way in which data on drink drive convictions are shared between the police, courts and the Driver and Vehicle Licensing Agency (DVLA).

At the end of last year, I asked the DVLA to review communication between the courts and the DVLA. As a result of these investigations it became clear that the alcohol levels for some drink-driving convictions were either not provided to the DVLA by the courts, or were inconsistent when there was a delay between the court sending the information and the reconciliation of this information by DVLA. These errors have been happening for more than 20 years. As a result, in some cases, driving licences were reissued to individuals whose ban had expired, but without them undergoing legally required medical tests.

As soon as the problem was reported to me in August 2011, DVLA put in place manual checks so that any court notification received at DVLA without an alcohol reading was immediately investigated and no licences were re-issued without the alcohol level being provided. In addition, DVLA have worked to identify cases where information was incomplete in the backlog of data since 1991.

The courts and DVLA are now implementing IT changes which will mean that their systems will not allow cases to be processed at either the courts or DVLA unless valid alcohol readings are provided. Furthermore, new operational guidance has been issued to staff who deal with these cases.

Drivers convicted of drink-driving offences with more than two and a half times the permitted legal alcohol limit are regarded as high-risk offenders (HROs). The law requires that such convicted drivers are required to prove their medical fitness before they can be re-licensed at the end of their disqualification period.

As a result of the review DVLA has undertaken, I was informed that some convicted drivers who should have been treated as HROs have been granted a driving licence at the end of their disqualification on the basis of their own declaration of health, without undertaking the required medical assessment.

In total, 265,225 driver records have been found to be missing the relevant information on alcohol levels. Correct alcohol levels have now been obtained for 50,330 of these. We have identified within this group 3,895 drivers who should have been treated as HROs—and therefore should have undergone a medical assessment—before being granted a licence following their disqualification. These drivers present a potential risk to road safety and are being contacted so that they can undergo a medical assessment immediately. Those who fail to comply, or cannot demonstrate their medical fitness to drive, will lose their entitlement to drive.

The Ministry of Justice, Her Majesty’s Courts and Tribunals Service, The Scottish Courts Services and the police are working together urgently to identify the correct alcohol readings for a further 28,830 records. Any further HROs identified from these will also be required to undergo a medical assessment.

We have identified that of the 265,225 cases, some 53,028 relate to convicted drivers who have not yet applied to renew licences. These individuals do not therefore pose an immediate road safety risk. Their records have been blocked to ensure that if they do apply for a licence in future any identified as being HROs will have to undergo the medical assessment before a licence can be issued.

Records retention policy and the time limits set under the terms of the Rehabilitation of Offenders Act 1974, means that it will not be possible to act upon the alcohol readings in the remaining 133,037 cases identified. We cannot therefore say how many of these drivers would have been HROs at the time of their conviction.

It is with great regret that I inform the House that we have identified two cases in 1996 and 2006 where a driver who was issued a licence without first proving their medical fitness to drive, has subsequently caused death while driving under the influence of alcohol. Every death on the road is a tragedy and we have the deepest sympathy for anyone affected by the actions of these drink-drivers. It is not possible to say whether the drivers in these cases would have got their licences back following a medical examination. Every effort is being made to contact the victims’ families to inform them and to ensure they receive full and proper support.

I can assure the House that we regard road safety and ensuring convicted drivers are treated correctly as of critical importance. Everything possible will be done to take action, where we are legally able, against those who represent a risk to other road users. The Under-Secretary of State for Justice and I have ensured that immediate action has been taken to deal with this issue and to make sure it does not happen again. I must make clear that this investigation is continuing but due to the complexity of accessing very old court data, final figures will not be known for a number of months.