Lighthouses: Light Dues 2019-2020

Nusrat Ghani Excerpts

Monday 4th February 2019 Written Statements

[The Parliamentary Under-Secretary of State for Transport (Ms Nusrat Ghani)]

A strong and growing maritime industry is vital to the economy of the United Kingdom and it is critical that we treasure and protect this vital artery if we are to remain a world-leading maritime centre.

The work of the general lighthouse authorities, which provide and maintain marine aids to navigation and respond to new wrecks and navigation dangers in some of the busiest waters in the world, is crucial to underpinning that vision while maintaining our vigorous safety record and continuously improving standards of safety.

Reductions in the three general lighthouse authorities’ running costs have enabled the UK to reduce light dues for four successive years. For 2019-20 intend to freeze light dues rates at 37½ pence per net registered tonne. This will mean that light dues will have fallen by 28% in real terms since 2010.

Light dues rates will continue to be reviewed on an annual basis to ensure that the general lighthouse authorities are challenged to provide an effective and efficient service which offers value for money to light dues payers.

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Draft Maritime Transport Access to Trade and Cabotage (Revocation) (EU Exit) Regulations 2019

Nusrat Ghani Excerpts

Tuesday 29th January 2019 General Committees

[The Parliamentary Under-Secretary of State for Transport (Ms Nusrat Ghani)]

I beg to move,

That the Committee has considered the draft Maritime Transport Access to Trade and Cabotage (Revocation) (EU Exit) Regulations 2019.

It is a pleasure to serve under your chairmanship, Mr Walker, in this oasis of calm on this ordinary Tuesday afternoon. The Department for Transport has conducted intensive work to prepare for the UK’s departure from the EU, which includes ensuring that our statute book continues to function. The Department plans to lay about 65 statutory instruments before exit day; I believe that 44 of those have already been laid.

The regulations before the Committee revoke EU legislation that would otherwise be retained in UK law under the European Union (Withdrawal) Act 2018. For the most part, that legislation would be redundant after we leave the EU; it would have no effect. For example, Council regulation 4058/86 is about anti-competitive measures taken by non-EU countries. It allows member states to ask the European Commission to co-ordinate retaliatory action against such countries. That remedy will not be available to the UK when we are no longer a member state.

EU regulation 3577/92 gives member states rights to provide maritime cabotage with another member state. For the information of hon. Members, I should say that “cabotage” in this context is essentially the operation of ships between two UK ports, or one-port operations to and from an offshore site. If we do not revoke that regulation, it will be retained in UK law, which would mean that member states would continue to have cabotage rights in UK waters but UK vessels would no longer have such rights across EU waters.

It is important to say that the UK has no intention of restricting cabotage by EU vessels in UK waters. By removing the statutory rights provided in the regulation, we are simply putting EU vessels on the same footing as vessels from other countries: that is, they will continue to be able to operate cabotage without any express statutory right.

In preparing this legislation, the Department has discussed the scale of activity with the UK Chamber of Shipping. In practice, relatively little cabotage is undertaken by UK-flagged vessels in EU waters. Furthermore, a number of EU countries have an open approach to cabotage, as do we. We expect there to be very little change in the provision of cabotage by UK operators in EU waters after the UK leaves the EU, and these regulations do not change that position.

There is also no reason to believe that the regulations will have any effect on service provision by EU operators in UK waters. As I mentioned, the UK has no intention of restricting cabotage: we believe that an open approach promotes competition, leading to better and more efficient services. However, the UK does not intend for member state cabotage rights to continue to be expressly guaranteed in UK legislation.

The changes made by these regulations are appropriate to ensure that on exit day, the UK statute book does not contain regulations that are redundant. The regulations are fully supported by the Government, and I commend them to the Committee.

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[Ms Ghani]

I am grateful to the hon. Members for Kingston upon Hull East and for West Dunbartonshire for their contributions, which underline the importance of the maritime sector to the UK’s trading capacity and success. It is important that people understand that, despite revoking EU legislation, the UK will still operate a liberal cabotage regime. That means shipping companies registered in EU member states will still be able to operate in the UK as they do now, so very little will change.

Competition was mentioned. After exiting the EU, the UK will have a robust competition regime, overseen by the Competition and Markets Authority, and will be able to take trade remedies action in its own right under the aegis of the World Trade Organisation. If hon. Members have concerns about what may or may not happen in a no-deal scenario—obviously, this instrument is intended to ensure that we have everything in place for such a scenario—I suggest that they support the Prime Minister’s deal.

The hon. Member for Kingston upon Hull East mentioned consultation with unions. We undertook extensive consultation, not only with the UK Chamber of Shipping but with the Scottish and Welsh Governments. We can discuss many issues, but we need to ensure that, in a no-deal scenario, we continue doing business as we do today. That is what this statutory instrument is about.

[Karl Turner]

On consultation, have there been any discussions with the National Union of Rail, Maritime and Transport Workers, which represents many crew members on vessels?

[Ms Ghani]

I thank the hon. Gentleman for that question. We are not only blessed with the International Maritime Organisation, across the water, but the maritime sector is a global sector and one that we take very seriously. Only last week, we launched “Maritime 2050”, working with all stakeholders. We communicate with as many agencies as we can. We want to do what we can to ensure that the maritime sector in the UK continues to be as robust as it is.

I turn to cabotage. The draft regulations will make no practical difference to cabotage arrangements in UK waters. Operators from EU or non-EU countries will be able to continue to provide cabotage services as they do now. However, EU operators will no longer have guaranteed rights, which operators from other countries similarly do not have in UK waters. Such rights would not be reciprocated for UK operators in EU waters, so it is reasonable for us to revoke them.

[Karl Turner]

I am afraid the Minister did not answer my question. The question is, what discussions has the Minister had with the Rail, Maritime and Transport union, which happens to be the biggest trade union in the sector, representing seafarers in this country? It seems incredible to me that the Government have not had any discussions with the RMT union. Will she be clear about that quite simple point?

[Ms Ghani]

What is incredible is that the RMT did not update the hon. Gentleman to say that we did indeed speak to it recently. The union made it very clear that this piece of legislation does not adversely affect its practical interests in any way. Perhaps that is the incredible piece of information that he can take back to the RMT.

The changes made in the draft regulations are appropriate. They will remove from the UK statute book regulations that would otherwise be retained after EU withdrawal. They are fully supported by the Government, and I commend them to the Committee.

Maritime Strategy

Nusrat Ghani Excerpts

Thursday 24th January 2019 Written Statements

[The Parliamentary Under-Secretary of State for Transport (Ms Nusrat Ghani)]

I am today announcing the publication of “Maritime 2050: Navigating the Future”, the Government’s landmark strategy setting out our vision and ambitions for the future of the British maritime sector.

Our nation depends on the wide range of benefits the maritime sector delivers. It contributes over £14 billion a year to the UK economy and directly supports an estimated 186,000 jobs. Around 95% of British imports and exports are moved by sea. The leisure and marine sectors are vital to our enjoyment of the seas. Our maritime clusters around the UK showcase the diversity of our regional economies, from professional services in London to ship management and educational excellence in Scotland.

We rightly take pride in our maritime past. Maritime 2050 is about looking forward, anticipating the challenges and opportunities ahead and recognising the UK’s strengths so we are well placed to capitalise on them. Maritime 2050 looks at these across seven themes and under each makes short, medium and long-term recommendations: UK competitive advantage; people; environment; technology; infrastructure; trade and security and resilience. It highlights multi-billion pound commercial investment in maritime infrastructure at ports and beyond; our unwavering commitment to safety and security; and our reputation for innovation. We pave the way on regulatory frameworks and technology to facilitate smart shipping and autonomy, and lead the way in clean maritime growth. But no matter how far advances in ships and technology take us, it sets out how the people graduating from our maritime training and academic institutions will reflect the world around us and continue to be sought after across the globe for their skills.

As the global maritime sector adapts to challenges such as climate change, rapid technological advances and security concerns, Maritime 2050 sets a series of strategic ambitions around which Government and the sector will focus their efforts, and core values which we will be guided by.

The partnership between Government and the maritime sector has been vital to the development of this strategy. It began in March 2018 with a call for evidence, seeking to reach all branches of the sector, complemented by workshops around the UK to capture the views from across our maritime clusters, and interviews with leaders in industry and academia. Maritime 2050 has also benefited from the advice and scrutiny of an independent panel of 13 internationally respected academics, industry leaders, maritime business services providers and promotional bodies. As a result, Maritime 2050 reflects the depth and breadth of the UK’s rich maritime sector.

A copy of Maritime 2050 has been placed in the Library of both Houses and is available on gov.uk, together with the trade and technology route maps setting out in greater detail the steps needed to achieve the UK’s strategic maritime ambitions.

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Draft Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019

Nusrat Ghani Excerpts

Wednesday 23rd January 2019 General Committees

[The Parliamentary Under-Secretary of State for Transport (Ms Nusrat Ghani)]

I beg to move,

That the Committee has considered the draft Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019.

It is a pleasure to serve under your chairmanship, Mr Robertson. The draft regulations are made under the European Union (Withdrawal) Act 2018, which retains EU-derived legislation in UK law. Section 8 of the Act makes provision for correcting deficiencies in EU-derived legislation that may arise as a result of the UK leaving the European Union.

Ensuring the safe and environmentally sound dismantling and recycling of ships at the end of their operational life has been a concern for a number of years. Many ships are currently dismantled on beaches in Asia, with little regard for human safety or environmental protection. EU Regulation 1257/2013 transposed into EU law key parts of the Hong Kong convention on recycling ships. The main provisions of the regulation have applied since 31 December 2018. They include requirements that EU-flagged ships be recycled at an approved ship recycling facility and that new EU-flagged ships carry a valid inventory of hazardous materials. The provisions apply to ship recycling facilities in the EU and to EU-flagged ships above 500 gross tonnes.

The draft regulations will ensure that the legal framework for ship recycling remains operable when the UK leaves the EU on 29 March 2019, by making amendments to the EU ship recycling regulation and the Ship Recycling (Requirements in relation to Hazardous Materials on Ships) (Amendment etc.) Regulations 2018. They will also amend legislation on waste management and ship recycling facilities to address a number of deficiencies arising from EU exit that would hinder the operation of the UK ship recycling regime.

The EU regulation establishes a European list of approved recycling facilities that must be used for all EU-flagged ships, including UK ships, when they need to be dismantled and recycled. After we leave the EU, it would not be appropriate for the EU to decide where UK-flagged ships can be recycled, so the draft regulations provide for a UK list that will replace the European list for UK-flagged ships. The Secretary of State will have the power to add or remove facilities. However, the UK list will include all recycling facilities on the European list.

Ships typically contain quantities of hazardous materials. The EU ship recycling regulation requires new ships to carry a list of such materials from the beginning of this year, and existing ships to carry such a list from 31 December 2020. Since the 2018 Act will retain in UK law only EU measures that are in force when we leave the EU, it will not retain the requirement under the EU regulation for existing ships to carry a valid inventory of hazardous materials, but the Government will seek to implement that requirement when the opportunity arises. Ships will still need an inventory before they can obtain a “ready for recycling” certificate, which is required when a ship is sent for recycling.

The draft regulations apply to waste management, which is a transferred matter under the Northern Ireland Act 1998. The Government are committed to restoring devolution in Northern Ireland, but time is short. We have therefore, in consultation with Northern Ireland Departments, included provisions in the draft regulations that relate to waste management legislation that applies in Northern Ireland.

The changes made by the draft regulations will ensure that environmental law continues to function after the UK’s withdrawal from the European Union. They will enable the UK to continue to comply with its international obligations, as established by the International Maritime Organisation, and maintain the highest environmental and safety standards. They are fully supported by the Government, and I commend them to the Committee.

--- Later in debate ---

[Ms Ghani]

I thank hon. Members for giving their time and consideration so early this morning. The regulations will ensure that we continue to combat environmental pollution and enforce safety standards in the maritime sector after we leave the European Union. They make changes only to ensure the functionality of EU retained law on the UK statute book after exit day. I am pleased that we seem to have cross-party support for this statutory instrument.

The hon. Member for Kingston upon Hull East asked about the UK ship recycling list. I want to remove any concern by confirming that the UK list will be the same as the European one when we leave the EU on 29 March. The two lists may diverge over time as the Secretary of State rather than the EU will decide which facilities can be added to or removed from the UK list. In practice, however, we expect the two lists to remain closely aligned. I shall of course drop the hon. Gentleman a note on all the points he raised.

I am pleased that we can agree that protecting the environment from all kinds of shipping pollution and ensuring that ship recycling is undertaken in a responsible manner is vital to broader Government commitments to environmental standards and shipping safety. I hope that the Committee will agree that the SI is essential to ensure that legislation on environmental protection and ship recycling will continue to work effectively in the UK from day one after exit.

Question put and agreed to.

British Bioethanol Industry

Nusrat Ghani Excerpts

Wednesday 16th January 2019 Westminster Hall

[The Parliamentary Under-Secretary of State for Transport (Ms Nusrat Ghani)]

It is a pleasure to serve under your chairmanship, Mr Gapes, and I must get it out into the open that I am not the Minister responsible for roads, and neither have I been promoted to that position. Unfortunately, the Minister of State, Department for Transport, (Jesse Norman) is taking part in a debate on a statutory instrument, and I am doing my best to step in. I know it was a bit of a disappointment to one of our colleagues to find that I am not a he but a she.

I congratulate the hon. Member for Scunthorpe (Nic Dakin) on securing this debate. Low-carbon fuels such as bioethanol play, and will continue to play, an important role in meeting the UK’s carbon budgets. During this debate, and in parliamentary questions, Members with constituencies in and around Hull and Teesside have made clear the wider economic benefits of UK bioethanol production, and the environmental benefits of deploying bioethanol as a transport fuel. Some may consider that to be a niche matter, but the contributions we have heard today show that it is a nationwide issue.

I had not realised that there was a Teesside collective, but now I see how powerful that force is. I thank the hon. Members for Stockton North (Alex Cunningham), for Sedgefield (Phil Wilson), for Kingston upon Hull West and Hessle (Emma Hardy) and for Redcar (Anna Turley), and my hon. Friend the Member for Cleethorpes (Martin Vickers) for their passionate contributions and representations on behalf of the bioethanol industry and their constituencies. I believe that I will cover many of the issues that they raised, but if I do not address them all, the Minister of State will no doubt respond in writing.

The Government understand the potential benefits of the bioethanol sector, and we stressed the benefits of E10 when advancing draft legislation last year—legislation that doubled targets for the supply of renewable fuel between 2018 and 2020. That provided space for a roll-out of E10 should suppliers choose to deploy it. Concerns about not having a clear legal mandate for E10 are well understood by the Department. In September last year, we concluded a call for evidence on whether and how E10 might be introduced in the UK, and if introduced, how it could be done in a way that addresses the concerns of retailers, fuel suppliers and motorists. The Department has now analysed the responses to that consultation and hopes to publish the Government’s response soon. We are continuing to work with the bioethanol industry. Indeed, I understand that the Minister of State hopes soon to meet the hon. Member for Scunthorpe and representatives from the bioethanol industry, and I believe that a date for that has been set in the diary.

[Dr Paul Williams]

The Minister said that the Government hope to publish a response to the consultation soon, but that is not particularly helpful for people working in the industry who have a mothballed plant and are waiting for a Government decision on the future of their industry. Is there any possibility of the Minister being a little more specific about what “soon” might mean?

[Ms Ghani]

The hon. Gentleman spoke passionately about the Ensus plant in Wilton in his constituency. I cannot make that commitment here and now, but a meeting is due to take place—it is in the diary—and there will be further clarification after that. As has been said, that meeting will be open to all those who wish to attend. I cannot give that confirmation right now, but we are committed to working with the sector to ensure that the plants are open and running as soon as they can be.

Plant closures were discussed throughout the debate. The hon. Member for Kingston upon Hull West and Hessle made a very passionate contribution, but I must take her up on one point. I know that she wants this debate to be as respectful as possible, because we do not want to reflect what is happening in the main Chamber on all occasions. She mentioned a Government promise, but I would argue that it was never a promise—we must be clear if something is a Government intention and how that should be perceived, as it is very different from the word “promise”. We must ensure that we are honest in our contributions.

[Emma Hardy]

The words I was using were those of the industry, so if the Minister has an issue with a promise being made by the Government, perhaps she should take that up with the industries involved. There is no way that any industry would invest many millions of pounds on a mere suggestion that the Government might be interested in it in future, and if they had not been led to believe that it was indeed a Government promise.

[Ms Ghani]

An interpretation of how a Government may respond and a promise are two very different things. The Department is working closely with the sector and will do what it can to support it. We must ensure that we understand the difference between what is and is not a promise.

We heard passionate contributions about the bioethanol sector and businesses in Members’ constituencies, and the halting of bioethanol production at Vivergo Fuels and Ensus plants last year is saddening and regrettable for all those impacted. I understand the frustration of those calling on the Government to act quickly to mandate the introduction of E10.

[Dr Paul Williams]

Does the Minister accept that the sole reason for the closure of the Vivergo plant and the halting of production at Ensus was the Government’s procrastination?

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[Ms Ghani]

That is an interesting way of responding to how the business environment is dealing with global issues beyond what the Government may or may not have intended to do, so I do not accept that point.

It is clear that UK producers of bioethanol from wheat have faced challenging market conditions, due in part to high wheat prices following a hot summer, and a low bioethanol price—that may in some way answer the hon. Gentleman’s question. However, it is by no means clear that an E10 mandate would address all the challenges that the UK bioethanol industry has faced. It is also clear that the introduction of E10 is not without barriers, including the need to take into account the concerns of a significant number of owners of vehicles that are not compatible with E10—that point was raised earlier in the debate. To be successful, it is vital that any introduction of E10 is backed by fuel suppliers and consumers alike.

Since its inception, the policy on biofuels in the UK has been complex and not without controversy. Immediately after the renewable transport fuel obligation scheme—RTFO—was set in law in 2007, the Gallagher review into the indirect effects of biofuel production was published. It became clear that to maintain faith in the emissions reductions achieved and to retain consumer buy-in, we would have to address the negative indirect effects of certain biofuels. To reward fuels that may perform worse than the fossil fuels they replace would have undermined the rationale of a scheme designed to reduce greenhouse gas emissions.

It was with those challenges in mind that the Department jointly established a transport energy taskforce with the Low Carbon Vehicle Partnership, to consider how biofuels can contribute to meeting our climate change commitments in the context of measures introduced to address the negative indirect impacts of some biofuels.

[Alex Cunningham]

The Minister said a few minutes ago that some cars might not be compatible with E10 or even E5. Of course that is the case, but there are always alternatives at the petrol stations pump: diesel, fuel with bioethanol included or ordinary unleaded petrol. I cannot see that as the barrier that she described.

[Ms Ghani]

I do not think I described it as a barrier but a challenge. We must understand needs and impacts on consumers, which is why we should not rush, but ensure that what we do has a positive impact on all people.

[Sir Greg Knight]

I think the point made by the hon. Member for Stockton North is a good one: a choice of fuels available at the pumps needs to remain, and those fuels need to be properly labelled so that owners of cars not compatible with E10 are made aware.

[Ms Ghani]

My right hon. Friend makes a very valid point about choice; there should choice also in the cost of refuelling cars and appropriate labelling, too.

[Nic Dakin]

The changes to labelling that must take place would be an ideal opportunity to introduce E10. It would get the public information out at the same time the Government do what they need to do anyway.

[Ms Ghani]

Indeed; that is why the consultation took place. As the hon. Gentleman knows, he can take up those issues further with the Minister of State, which is why we need to ensure that when we respond, we take into account all the issues raised in this debate.

The taskforce report to Government noted not only the potential benefits of E10 in helping the UK to meet our renewable energy targets, but the barriers and risks associated with its introduction, not least in respect of ensuring consumer acceptance. It is clear that UK suppliers, including of bioethanol, have made great progress in ensuring that renewable fuel delivers reductions in greenhouse gas emissions.

Since the RTFO was introduced in 2008, savings in greenhouse gas emissions have increased significantly from 46% to 70% in 2014-15. Latest data suggest that current biofuels provide an average 71% reduction in greenhouse gas emissions even when land use change impacts are included, but it has always been essential to evolve the policy on biofuel. That way, we maintain the integrity of the schemes that promote its use, such as the RTFO.

Following the work of the taskforce and building on the success of the RTFO, in September 2017, the Government set out a 15-year strategy for renewable transport fuels. The strategy established an investment platform to develop sustainable advanced fuels for automotive, aviation and road freight. I am proud to say that, as part of our strategy for renewable fuels, in March 2018, regulations were agreed that make the UK the first to set targets for renewables in transport beyond 2020, all the way to 2032; and the first and only country to set development fuel targets to drive a market for advanced low carbon fuels. For the first time, we have made aviation fuels eligible for reward under the RTFO. Our 15-year strategy for renewable transport fuels is designed to maximise the industrial opportunities to be gained for the UK while maintaining public confidence in the value of renewable fuels.

The hon. Member for Scunthorpe has previously shown support for increased biofuel supply targets in the 2018 regulations. He has also been clear in calling for a mandated introduction of E10. As I said, I am not in a position here and now to update colleagues on when we will publish a response to last year’s consultation on whether and how to introduce E10, but E10 is our main focus in the biofuels policy area. We are working hard to publish the Government response as soon as possible.

[Dr Paul Williams]

I understand that the Minister is not in a position today to tell us when the response will be published, but if I were the owner of a mothballed plant, probably trying to persuade my bank and investors, I would need some kind of certainty. Would the Minister pledge to write to us in the next week to give us a date on which the consultation response will be published, just to help the businesses that need certainty to make future decisions?

[Ms Ghani]

The hon. Gentleman once again champions the employers in his constituency very well. As I said, I do not believe that the time it has taken to ensure we make the right decision on E10 via the consultation is the only reason those businesses are in a challenging position. As I mentioned, a meeting is due to take place; that meeting will be the best time and place for a letter to be forwarded. The hon. Gentleman will be in the best place to challenge the Minister of State and get the responses he needs.

[Nic Dakin]

Do the Government see the British bioethanol industry as an important industry to the UK? If time continues to disappear, the industry will disappear and we will have to rely on imports.

[Ms Ghani]

Indeed, and I apologise if I have given any other interpretation. Without wanting to give a promise, we see this sector as very important to what we are trying to achieve.

[Anna Turley]

I am deeply frustrated that the consultation closed such a substantially long time ago. Can the Minister identify the barriers in the civil service and the ministerial process to getting a decision? In the light of today’s debate, was there not some kind of briefing, impetus or a rocket put under this urgent issue? Will the Minister confirm that, following this debate, a rocket is under it?

[Ms Ghani]

The Teesside massive, as I will call them, have no doubt put this issue back firmly on the Minister’s agenda, although no doubt it was already there. We always want to ensure that any consultation we undertake provides a good response to all involved—not just the sector providing the fuel but those putting the infrastructure in place and owners of classic or older cars.

There was mention of the impact on international roll-out. I was reflecting that the roll-outs in Europe have been quite mixed: in some places, they have done well and in others they have not fared as well as one might have assumed. We have to ensure that we get this right. I am hearing, and no doubt the Department is too, frustration at getting a response. That is why a meeting was agreed.

[Emma Hardy]

I am sure the Minister understands how frustrated everyone feels, including businesses. To go back to the central point of my speech, does the Minister not acknowledge that trust in the Government will be undermined, potentially undermining investment in areas such as ours, where it is desperately needed?

[Ms Ghani]

When Government make rash decisions that are not fully thought through, when a sector is involved, that further undermines trust in Government. That is why it is our responsibility to ensure that we get the right decision. Unfortunately, on occasion, that can take time. The hon. Lady’s frustration has no doubt been noted. It is absolutely right that if and when we roll out E10, we do so in a successful way, not least for EU bioethanol suppliers.

Given the barriers to introduction, it is right that we have taken time to learn from the experiences, good and bad, of the roll-out of E10 in other countries. If a decision were taken to mandate E10 further to last year’s call for evidence, we would also need to test the costs and benefits against firm proposals, ensuring that all those with an interest, including fuel retailers and motorists in particular, have an opportunity to submit evidence. If E10 is rolled out in future, the Government remain committed to ensuring that E5 remains available and that any introduction of E10 is well managed, with information on compatibility made available to vehicle owners.

[Anna Turley]

I appreciate the Minister giving way—she is being extremely generous with her time. I want to pick up the point about costs. We know that the cost of ethanol is lower than oil; unfortunately, bioethanol is currently more highly taxed than petrol, which makes E10 fuels about 1p more expensive—about £20 per year for the average motorist. Tax incentives are extremely important to incentivise behaviour. Are the Government looking at tax incentives to encourage the roll-out?

[Ms Ghani]

The Government will be looking at all issues to ensure that, if a roll-out is suggested, it is an option favourable to those pulling into petrol stations. That is why it is interesting to learn what has happened in Europe. In France, I believe, the roll-out was more underwhelming than had been expected and in Germany it did not deliver the impacts that had been hoped, so it is important that we look at this closely.

[Dr Paul Williams]

Is the Government’s view that they need to mandate the roll-out or that the industry should lead the roll-out itself, without a Government mandate?

[Ms Ghani]

The hon. Gentleman is trying to tease out a statement from me, when he knows that he has to wait for the consultation to get the response that he wants. I thank him for his tricky intervention, but he will have to wait for the consultation response to get the answer.

The Government agree that the aim must be to reduce emissions and that low carbon fuels must play a part. The regulations made last year introduced a greenhouse gas reduction obligation on suppliers and incentives for the development of fuels capable of delivering higher greenhouse gas emissions reductions. These allow us to reward low carbon fuels because of the emissions reductions they deliver. We have also made £20 million of match capital funding available under the future fuels for freight and flight competition. In the wider context, the Government have recently published two major strategies focused on combating climate change and improving the UK’s air quality. Our Road to Zero strategy sets out a clear pathway to zero emissions vehicles by 2050, and this week we have published our clean air strategy. The pathway is not just about driver behaviour and electrification. Low-carbon fuels will continue to play a vital role in reducing greenhouse gas emissions from the vehicle fleet.

The renewable transport fuel obligation, as amended last year, is expected to save nearly 85 million tonnes of CO₂ over the 15-year period from 2018, which represents around a third of transport’s projected contribution to UK carbon budget savings during the 2020s. In achieving those savings there is an opportunity to increase the amount of bioethanol in petrol, from 5% today up to 10%.

[Alex Cunningham]

The Under-Secretary is doing a grand job stonewalling on behalf of the Minister of State. If there is one message that we would ask to be taken back, it is that we desperately need a date and we need that certainty. Will she commit to go to the Minister and say, “Look, these guys are going to bash your door down if you do not actually make a decision and make it soon”?

[Ms Ghani]

I believe that the door has already been bashed down, because a meeting is set in the diary.

[Anna Turley]

With the Teesside massive?

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[Ms Ghani]

That meeting is in place with the Teesside massive, as I am referencing them now. I completely understand the frustration about not having a date, but we need to make sure that we get this absolutely right. A meeting is a place and that can be raised directly with the Minister.

It is not agreed that there is conclusive evidence to show that switching from E5 to E10 will have a significant impact on air quality but I would like to assure Members that, as with all policy on low-carbon fuels, we will continue to assess our policies and support against the ambitious targets we have set to improve air quality and reduce carbon emissions.

If we were to mandate E10, it could give suppliers an opportunity to meet those carbon budget targets in a more cost-effective way. That is why the Department has consistently made clear its desire to work with industry in considering an E10 roll-out. The Government are mindful that rolling out E10 is a huge change to the UK petrol market. If such a roll-out were not managed well, it could impact on motorists across the UK. It is important that we prioritise consumer acceptance and ensure the vehicle fleet, consumers and retailers are ready. As was raised throughout the debate, that is a big responsibility for Government to undertake. We need to make sure that everybody is ready and any decision we make is not rushed.

I would like to thank everyone who contributed to the debate for taking the time to further inform our thinking on E10. I must not forget the intervention made by the hon. Member for Strangford (Jim Shannon).

[Jim Shannon]

It was a speech, actually.

[Ms Ghani]

Forgive me. I know that the hon. Gentleman has spoken very positively about the bioponics of E10. The bioponics will be accounted for in our response to the consultation when it is published.

I thank everyone for contributing to the debate. The use of biofuels is and will remain a challenging policy area. However, this must never stop us from finding the right balance between maximising the contribution that low-carbon fuels can make to reducing greenhouse gas emissions and taking into account the interests of consumers.

Draft Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2018

Nusrat Ghani Excerpts

Tuesday 15th January 2019 General Committees

[The Parliamentary Under-Secretary of State for Transport (Ms Nusrat Ghani)]

I beg to move,

That the Committee has considered the draft Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2018.

It is a pleasure to serve under your chairmanship, Mr Wilson. The Department for Transport has conducted intensive work to prepare for the UK’s departure from the EU and ensure that our statute book continues to function. The Department is laying about 66 statutory instruments before the House before exit day, of which 42 have already been made. The draft regulations are one such instrument. They will make changes in three areas of transport and environment legislation: legislation on air pollution, controlling sulphur dioxide emissions from ships; legislation on substances used to prevent the fouling of ships’ hulls; and transport and works legislation in relation to environmental impact assessment. If they look familiar, it is probably because they were one of several draft statutory instruments published on 28 March 2018 to support the passage of the European Union (Withdrawal) Act 2018.

The amendments that the draft regulations will make are technical. There are no policy changes in them, nor is there any reduction in the environmental standards or obligations to which the UK is subject. They are made mainly under the 2018 Act, which retains directly applicable EU legislation in UK law and makes provision to correct deficiencies that arise from the UK’s leaving the European Union. To enable the legislation to continue to work as part of UK law, the draft regulations will, where necessary, change references to “the Member State” and “the Commission” to “the Secretary of State” and “the United Kingdom”. Changes to definitions and other wording in the legislation have been made to reflect the UK’s position outside the EU.

That is the essence of the draft regulations, but I know that hon. Members are keen to hear more, so I will provide a bit more information. Although the regulations are made mainly under the 2018 Act, some changes are made under section 2(2) of the European Communities Act 1972 to update references to an EU directive on sulphur emissions from ships in the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008. Since the 2008 regulations were made, Council directive 1999/32/EC has been repealed and replaced by EU directive 2016/802, so the draft regulations will replace references to the 1999 directive with references to the 2016 directive, which consolidates previous legislation on marine fuels. A further change, made under the 1972 Act, will correct an out-of-date reference to the European economic area agreement in the Transport and Works Act 1992.

I will say a little more about the three areas of legislation that the draft regulations will amend, because I know that hon. Members present are interested and the shadow Minister, the hon. Member for Kingston upon Hull East, has raised related issues. The first area is the control of sulphur emissions from ships, which is vital for meeting the Government’s policy of improving public health, reducing environmental damage from acid rain and protecting biodiversity. Powers to change references to international law have been transferred from the European Commission to the Secretary of State, which will enable us to keep up to date with changes to International Maritime Organisation rules on environmental protection. As colleagues will know, the IMO is the UN’s maritime body; as maritime Minister, I am very lucky that we host its headquarters here in London, just across the river.

Changes to the legislation on air pollution from ships will remove references to SafeSeaNet, a database operated by the European Maritime Safety Agency. The Maritime and Coastguard Agency will continue to receive information on compliance with IMO measures. The MCA is setting up a UK database to hold information on sulphur inspections and the taking of fuel oil samples. The draft regulations will ensure that recreational and pleasure craft will continue to benefit from certain exemptions in respect of diesel engines. The UK’s requirement to report to the European Commission, which will be redundant as it applies only to European member states, will be replaced with an obligation for the Secretary of State to publish an annual report on compliance with sulphur standards in marine fuels.

The second area of legislation that the regulations will change relates to the ban on the use of certain harmful chemical compounds, known as organotins, in ships’ anti- fouling systems. Anti-fouling paint and coatings, which inhibit the attachment of unwanted organisms to ships’ hulls, have an important role in improving ships’ fuel efficiency, which also improves the environment. However, the organotin compounds in some anti-fouling products, notably tributyltin—TBT—have been shown to be very damaging to marine life and have been banned under international and EU legislation. The UK is supporting work in the IMO to ban the use of a further compound used as a booster in anti-fouling paints. That will provide further protection to the marine environment. The regulations make no changes to EU restrictions on those substances; the changes made include replacing references to member states with references to the UK.

Finally, the regulations also introduce technical changes to the environmental impact assessment provisions of the Transport and Works Act and procedural rules. The changes will allow the UK to continue to take a co-ordinated and streamlined approach to producing an environmental impact assessment. For example, they will, as now, avoid the need for certain information to be collected twice. The Welsh Government have been consulted on the changes to the provisions and given their approval to the regulations.

The changes made by the regulations are needed. They will ensure that environmental laws on shipping and other transport continue to function after the UK’s withdrawal from the European Union. That will enable the UK to continue to comply with its international obligations as established by the International Maritime Organisation. The Government fully support the regulations, which I commend to the Committee.

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[Ms Ghani]

I am grateful to the hon. Member for Kingston upon Hull East for his contribution to the debate, which shows that the Committee appreciates the importance of measures on environmental protection in relation to shipping and other forms of transport. The draft regulation will ensure the continuity of that legislation, as well as correct some minor but long-standing errors.

Some of the issues that the hon. Gentleman raised are quite technical, so I will indeed respond in writing, but I will address a couple of points now. He referred to SafeSeaNet, which provides information on ships in, or expected at, ports of member states. It is used for maritime safety, port and maritime security, marine environment protection and the efficiency of maritime traffic and maritime transport. The subject of access to databases has been raised regularly, so it is important to note that the THETIS database, which is linked to SafeSeaNet, shows which ships have priority for inspection and allows records of inspections. Via THETIS, reports are available to all port state control authorities in the EU and signatories to the Paris memorandum of understanding. The UK will continue to have access to THETIS, but not to additional EU modules for THETIS that are tied to EU legislation.

The hon. Gentleman also referred to the burden that could be placed on the MCA. As the Minister responsible, I work closely with the MCA team, who are very well aware of their extra roles and responsibilities and of their reputation for delivery. Above and beyond that, we have a responsibility as the host country for the IMO and as part of the delivery group for the 0.5% cap on sulphur by 2020. We foresee a serious leadership role there, too.

The Government recognise the significant harm that air pollution can cause to human health. When the hon. Gentleman raised the subject in a previous debate, we wrote to him about it; I would be pleased if he allowed me to respond in writing again. We have now published our clean air strategy, which includes further measures on ports and shipping. Shipping must play its part, and I was pleased that last year my Department established the Clean Maritime Council. One of the council’s first tasks was to develop a clean maritime plan by spring this year, setting out domestic policies to reduce greenhouse gas and pollutant emissions from shipping. Our clean air strategy makes further commitments, including the development of air quality strategies by ports. It will supplement the good progress made through international action, such as the North sea emission control area and the tougher global controls on sulphur emissions from 2020, which have led to major reductions in emissions.

The draft regulations will not restrict our ability to take necessary action; they will only make changes that are essential to ensuring that environmental legislation continues to function effectively in the UK from day one after exit. I hope that the Committee has found this morning’s sitting informative and that it will join me in supporting the draft regulations.

Question put and agreed to.

Draft Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2018

Nusrat Ghani Excerpts

Tuesday 8th January 2019 General Committees

[The Parliamentary Under-Secretary of State for Transport (Ms Nusrat Ghani)]

I beg to move,

That the Committee has considered the draft Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2018.

It is a pleasure to serve under your chairmanship, Mr Evans. The UK maritime sector is thriving. We are one of the largest flag states, have one of the largest port industries and attract significant investment. We lead the world in many areas of maritime business services, education and research. Subject to parliamentary approval, the draft regulations will amend ship and port security legislation so that the current regime of protective security on board ships and at UK ports continues to operate following the United Kingdom’s withdrawal from the EU.

International agreements and European legislation form the bedrock of the UK’s well established ship and port security regime. The UK is a contracting party to the International Maritime Organisation’s safety of life at sea convention—SOLAS. In response to the perceived threats to ships and port facilities in the aftermath of the terrorist attacks in America on 11 September 2001, the international ship and port facility security code—ISPS—was adopted under SOLAS. The code established a range of protective security measures that are required to be taken on ships and at ports to protect vital infrastructure and people from acts of terrorism or violence. The code is set out in two parts: part A includes a number of mandatory provisions for signatory states, and part B, intended as guidance, contains measures for states to consider implementing to enhance the security of ships and port facilities.

In 2004, the convention and code were given a basis in EU law by regulation 725/2004 on enhancing ship and port facility security. The regulation provided for the harmonised implementation of the convention and the ISPS code within and across EU member states. It made implementation of the provisions of part A and specific elements of part B mandatory in all EU member states. The regulation is directly applicable in UK law, but it was further implemented, as far as was necessary, in domestic legislation by the Ship and Port Facility (Security) Regulations 2004. The 2005 port security directive complements the security measures introduced by the EU regulation by expanding the area of port that is subject to a protective security regime. The directive was transposed into UK law by the Port Security Regulations 2009, and by 33 separate designation orders that define the boundaries of ports across the UK.

The existing legislative regime ensures that proportionate security measures are in place on board ships and at the UK’s maritime ports. On withdrawal day, regulation 725/2004 will be converted into UK legislation and will become part of the body referred to as retained EU law. To ensure that retained EU law continues to function effectively after exit day, a number of changes are required to the text of EU regulation 725/2004, and the 2004 and 2009 regulations. The changes are designed to prevent, remedy or mitigate failings of, or deficiencies in, retained EU law resulting from the UK’s withdrawal from the EU. The policy behind the changes is that in the UK, there should be no practical change to, or noticeable impact on, how the industry daily operates an effective protective security regime.

Most of the changes to the current legislation are minor. Some involve the restatement of the retained EU law in a clearer or more accessible way, to make it fit for purpose within domestic legislation. The draft regulations also revoke regulation 324/2008, which established procedures across the EU for the European Commission to conduct inspections of UK ships and ports. Such inspections will neither be required nor appropriate following EU withdrawal; the Department for Transport and the Maritime and Coastguard Agency will continue to deliver a well established programme of ship and port inspections, to ensure that required security standards are met.

The draft regulations include provision for three more detailed, but equally necessary, corrections to the existing legislation. First, they amend article 3 of regulation 725/2004 in relation to domestic vessels. That does not alter or impact on current administrative practice, the categories of domestic vessel to which the legislation applies, or how those vessels are required to comply with the legislation.

Secondly, the draft statutory instrument includes provision to enable the direct application of future amendments made to the ISPS code. That will allow the legislation to keep in step with future changes and ensure that the UK is meeting its international obligations. As part of that provision, the Secretary of State will have the power to exclude any such change relating to international shipping by the making of regulations—as the Commission does currently—if it is determined that there is a manifest risk that implementation would lower the standards of the UK’s maritime security regime. Any future regulations made in that regard by the Secretary of State would be subject to parliamentary procedures.

Finally, the Port Security Regulations 2009 contain references to section 2 of the European Communities Act 1972, which will no longer be in force on exit day. To fix that deficiency in the legislation and to ensure that the Secretary of State can continue, under the legislation, to define or amend the boundaries of particular ports, the draft regulations rely on powers in the European Union (Withdrawal) Act 2018 to confer on the Secretary of State powers to continue to update or amend the existing suite of legislation. That power would be used when, for example, a port boundary is changed or a new port comes into existence. The amendments made to the 2009 regulations will ensure that the Secretary of State can continue to discharge all his statutory duties. The power in the draft regulations for the Secretary of State to make regulations will maintain the effectiveness and operability of ship and port security legislation following EU withdrawal.

In conclusion, the regulations before the Committee are intended to make changes that will ensure that the current legislative regime for ships and ports is able to operate effectively, and continues to meet the UK’s maritime security requirements, following EU withdrawal. I commend the regulations to the Committee.

--- Later in debate ---

[Ms Ghani]

I am grateful to hon. Members for participating in this morning’s Committee, and turning up so early to deal with this important piece of legislation. The current protective security regime for ships in UK ports operates effectively; there is a range of measures in place to protect vital infrastructure, the travelling public, and those working in those environments from attack. The draft regulations make the appropriate changes to what will become the retained protective security legislation when the UK exits the European Union.

Turning to some of the points that have been raised this morning, a question was asked about security and standards on ships. I will do my best to ensure that more robust replies are provided in writing, but I will put on the record that the robust security standards at UK ports and on ships will continue following EU withdrawal. We must not forget that we have the fantastic, internationally renowned Maritime and Coastguard Agency, which does fantastic work and is well respected across the world; it will continue to do that work with even more detail post Brexit. It is important to note that most ships carry data on board, which exempts them from having to present it when they come into port. All we are asking is for the shipowners to press a button to make sure that information is available, if requested, when they are pulling into port. That data is already pooled and gathered. I will make sure that a more detailed response is provided to the hon. Member for Kingston upon Hull East.

It is important to note that the Department is making plans for all eventualities, including a no-deal Brexit. That is why we are undertaking exercises and modelling, working with local communities—whether in Kent or with the port of Dover—and doing everything we can to ensure that freight travels up and down our country with the least friction possible. Unfortunately, every exercise that we undertake is done under the full glare of the media and the public, but we would also be criticised if we were not implementing all remedies and not practising all of our modelling for a situation in which we exited without a deal. The statutory instrument is essential to ensure that ship and port security legislation continues to work effectively in the UK from day one after exiting. It enables the status quo in the UK to continue. I hope that the Committee has found this morning’s sitting informative and will join me in supporting the regulations.

Question put and agreed to.

Draft Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019

Nusrat Ghani Excerpts

Wednesday 12th December 2018 General Committees

[The Parliamentary Under-Secretary of State for Transport (Ms Nusrat Ghani)]

I beg to move,

That the Committee has considered the draft Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019.

It is a pleasure to serve under your chairmanship, Sir Christopher. Recognised organisations play an important part in ensuring that ships are built and maintained so that they can operate in compliance with national and international standards on safety and the prevention of marine pollution. ROs are organisations with experience and expertise in the surveying, inspection and certification of ships. They carry out those functions on behalf of maritime nations such as the United Kingdom.

Globally, the International Maritime Organisation develops rules on ROs. The IMO introduced the recognised organisations code, which updated and consolidated existing requirements, and entered into force in 2015. The code contains criteria against which ROs are approved, authorised and assessed, and gives guidance on how flag states should monitor ROs. As in many other areas, the European Union has adopted legislation to harmonise the way in which member states implement IMO requirements. EU regulation 391/2009 and related legislation established a system for approving ROs, criteria for assessing RO performance based on IMO criteria, monitoring measures, and remedial measures if ROs are underperforming, including fees, penalties and, finally, the removal of RO status.

The regulations before the Committee are made under the European Union (Withdrawal) Act 2018. The Department expects to lay approximately 65 EU exit statutory instruments. The Act retains EU legislation that is directly applicable in UK law, such as that on ROs.

[Michael Fabricant (Lichfield) (Con)]

Does my hon. Friend—[Interruption]—yes, and possible future Prime Minister, as my hon. Friend the Member for Wyre Forest says—believe that these regulations are a good example of contingency planning in the event of no deal, but also the planning that has to go ahead following our withdrawal from the EU?

[Ms Ghani]

Absolutely. My hon. Friend hits the nail on the head. The Department for Transport has always been, and continues to be, thorough in preparing legislation for all scenarios, including no deal.

[Michael Fabricant]

Bravo.

--- Later in debate ---

[Ms Ghani]

I thank my hon. Friend.

The regulations make provision under section 8 of the 2018 Act to correct deficiencies in such EU legislation as arise from the UK leaving the European Union. We need to amend retained EU legislation on ROs for the legislation to function correctly in future. The regulations will therefore amend EU regulation 391/2009 and subsidiary EU legislation, which comprises Commission regulation 788/2014 on rules for fines, penalty payments and the withdrawal of recognition, and Commission decision 2009/491 on criteria for member states to use when judging whether an RO’s performance is unacceptable. The regulations also revoke Commission implementing regulation 1355/2014.

Under EU legislation, member states may delegate the inspection and survey of ships to EU authorised ship inspection and survey organisations, or EU ROs. At present, there are 12 EU ROs, six of which have been authorised to act on behalf of the UK. The regulations will make the necessary changes to adapt an EU system for ROs to one that can function as a UK system after exit. It is the Maritime and Coastguard Agency’s intention that the six EU ROs that are currently authorised on behalf of the UK would continue to remain authorised and recognised as UK ROs following our exit from the EU.

To enable the legislation to continue to work as part of UK law, the regulations will change references to “the member state” and “the Commission” to “the Secretary of State” or “the United Kingdom” where appropriate. Changes to definitions and other wording in the legislation have been made to reflect the UK’s position outside the EU, and redundant reporting requirements have been removed.

Certain powers have been transferred from the European Commission to the Secretary of State for Transport. That will enable us to keep up to date with changes to the IMO rules that apply to ROs in relation to standards and the criteria for assessing RO performance. Those criteria are used to measure the effectiveness of the rules, procedures and performance of recognised organisations in relation to safety and the environment.

The regulations will also enable the Secretary of State to make rules in relation to the imposition of fines and penalties and the withdrawal of recognition; the establishment of criteria for assessing ROs’ performance and the effectiveness of their rules; the amendment of the criteria that ROs must follow and the interpretation of those criteria; and the amendment of the criteria for use of port state control inspection data for assessing unacceptable levels of performance by ROs. Other changes include transferring powers to review fines and penalties from the European Court to the UK courts by way of a statutory appeals procedure.

The regulations will be accompanied by merchant shipping notice 1672, which provides information to the industry on the standards that ROs apply and on requirements for recognising, authorising and assessing ROs. I should also mention directive 2009/15, which governs the relationship between states and ROs and includes the authorisation of ROs. That directive was implemented administratively through formal agreements between the Maritime and Coastguard Agency and each RO. The directive will not be saved in UK law after exit, but the MCA will put in place new agreements with each RO when the regulations come into force. Those arrangements will be very similar to the previous agreements between the MCA and the ROs but will reflect the changes made in these regulations.

The regulations make necessary changes to ensure that the existing regulatory framework for recognition, authorisation and monitoring of recognised organisations is retained and operates effectively. They will ensure that the law on recognising, authorising and monitoring ROs continues to function after the UK’s withdrawal from the European Union, enabling the UK to continue to comply with its international obligations as established by the International Maritime Organisation. The regulations are fully supported by the Government and I commend them to the Committee.

--- Later in debate ---

[Ms Ghani]

I am grateful to the hon. Gentleman for his contribution to this morning’s debate, and to the Opposition for their support. This debate has shown that the Committee appreciates the important part that ROs play in ensuring maritime safety and environmental protection.

The regulations will ensure continuity for ROs and the shipping companies that rely on their services. It is not our intention to make changes to how ROs operate, or to the relationship between the MCA and ROs. The regulations only adapt a system for ROs designed on behalf of the EU member states into a UK system. The MCA has already taken steps to promote continuity in discussions with the ROs.

The regulations are essential to ensure that legislation on ROs, which are a crucial part of the regulatory framework for shipping, continues to work effectively in the UK from day one after our EU exit. I am grateful that the hon. Gentleman will allow me to respond in writing to some of the issues that he raised. However, I remind him that we are part of the high ambition coalition driving the IMO’s standards not only on greenhouse gas emissions but on other emissions into our waters.

I am in the middle of preparing the Government’s 30-year strategy, “Maritime 2050”, which will look not only at the training and rights of seafarers but at environmental impacts. I am more than happy to give more detail as I take that forward. I established the clean maritime council to ensure that we not only deliver on our country’s ambitions but lead the way in the world. I hope the Committee has found this morning’s sitting informative and will join me in supporting the regulations.

Question put and agreed to.

Private Parking: Ports and Trading Estates

Nusrat Ghani Excerpts

Tuesday 11th December 2018 Commons Chamber

[The Parliamentary Under-Secretary of State for Transport (Ms Nusrat Ghani)]

I congratulate my hon. Friend the Member for Central Suffolk and North Ipswich (Dr Poulter) on securing this debate on private parking enforcement at commercial ports and trading estates. I am pleased to respond to a debate on a subject that is clearly important to my hon. Friend, his constituents and hauliers. Although there are no major commercial ports in North Ipswich and Central Suffolk, his constituency is close to that great hub of maritime activity and excellence on the Harwich Haven waterway.

That includes one of the country’s largest and most important ports at Felixstowe, as well as other significant commercial ports at Harwich International and the port of Ipswich. Together, those ports deal with some 11% of total freight tonnage handled by English ports— 36 million tonnes in 2017. They have a significant impact on the local economy as a source of employment and business activity. I am sure that I do not have to convince my hon. Friend and other Members of the economic importance of our ports to our country. They make a massive contribution to our economy and, to put it simply, are the reason why we can thrive as a trading nation. Our ports are our main gateway to the world, handling 95% of all imports and exports, employing 24,000 people and boosting our economy by £5.4 billion a year.

As Minister for maritime, I see the story behind those statistics every day and the enterprise, investment, and commitment to customers that make Britain’s ports among the best in the world. I also had the opportunity in May to visit a number of our ports, including Felixstowe, and saw first hand the fundamental role they play.

The scale of the operations at Felixstowe is impressive. The port handles the largest container vessels in the world, some 400 metres long each and holding some 18,000 twenty-foot equivalent unit—or TEU—containers, with 33 cranes to load and unload them. Felixstowe handles some 4 million TEU containers each year. Our other large container ports, including at London Gateway and Southampton, are just as impressive.

Our ports operate on a commercial basis in a competitive environment, including with ports on the continent. They have an impressive record of investment in new facilities, investing hundreds of millions of pounds in new facilities over the past 10 years, with further planned for the future. As my hon. Friend mentioned, their importance will grow as we leave the EU and start to make the most of the new global trading opportunities it brings.

As a consequence of their success, our major commercial ports generate significant volumes of road traffic moving freight to and from ports, with goods for export travelling to our ports and imported goods being taken to their destinations inland, such as warehouses, distribution centres and factories. Our ports are a key link in the supply chains of our economy. That is particularly the case at ports specialising in shipping containers, such as Felixstowe, London Gateway and Southampton, as well as larger roll-on roll-off ferry ports including Dover and Harwich International.

In most cases, the aim is for a vehicle to spend as little time as possible at the port, often arriving at a set time to pick up or deposit a container before departing shortly afterwards, or arriving at a port to catch a ferry service with as little time as possible spent at the port. The provision of parking for vehicles is not therefore that relevant to such ports. The priority is to ensure that traffic is kept moving smoothly through the port. However, some ports will provide more parking facilities, such as for use by departing cruise passengers. For other mainly smaller ports, car parking for tourists and other visitors can provide an important source of revenue, particularly over the summer season.

Each port is responsible for managing its own car parking arrangements. Some ports may use their statutory powers under harbour byelaws to do that, particularly where parking control is needed to ensure the safe and effective operation of the harbour. Others may use an approach involving private parking contractors.

Whatever the arrangements, they seem to work effectively. My Department receives very little correspondence from members of the public or businesses with concerns about parking arrangements at our ports, although that is not in any way to discount the concerns of my hon. Friend’s constituents.

[Dr Poulter]

I understand that the Minister is reading from a pre-prepared speech, but will she acknowledge that I represent the views of more than 30 haulage companies that have a problem with how commercial parking enforcement is being run at Felixstowe port by Proserve? It is damaging their competitiveness and it is potentially costing jobs. Proserve’s unethical behaviour needs to be addressed.

[Ms Ghani]

I was just about to come on to that. It is important that we understand any potential damage to our haulage industry, which is key to getting freight in and out of our country and to ensuring our ports thrive now and in the future.

If any individual or business has concerns about parking arrangements at ports, those concerns are always best addressed directly to the ports themselves—I understand that my hon. Friend is frustrated by the lack of interaction from the port and the operating company—and it is for the contractor to consider and quickly resolve those concerns.

My hon. Friend’s constituents have raised concerns about the way in which one particular private parking enforcement company has been operating at a distribution facility at Felixstowe. I understand that the facility is not part of the port itself but is close to it. He has written to the site’s owners raising his constituents’ concerns, to which I hope and expect he will get a satisfactory response. Although I would not wish to comment on the specifics of that particular case, improving the way the private parking sector works is an important issue for the Government.

The private parking industry is currently self-regulating. However, like my hon. Friend, we have concerns about the practices of some private parking companies. That is why the Government are pleased to support the Parking (Code of Practice) Bill, a private Member’s Bill tabled by my right hon. Friend the Member for East Yorkshire (Sir Greg Knight). The Bill passed its remaining stages in the House of Commons on 23 November, and it was introduced in the other place on 26 November.

The Bill seeks to create a single code of practice that is applicable to every private parking operator, rather than the current position in which each parking association has a different code of practice and different standards to which it holds its members. By providing a single code of practice, the Bill aims to create clarity and consistency across the industry for both parking operators and motorists. It also aims to raise standards by incorporating best practice as standard across the industry.

I welcome the amendment made on Report, which will allow a single appeals body to be appointed. That is key to some of the concerns raised by my hon. Friend, and it will create a straightforward process for motorists who have received a private parking ticket to follow to appeal.

My hon. Friend raised a number of concerns—one was about penalties. I will be taking that back to my Department so that the roads Minister, the Minister of State, Department for Transport, my hon. Friend the Member for Hereford and South Herefordshire (Jesse Norman), ensures that my hon. Friend gets a robust response. Once again, my hon. Friend highlighted the importance of the logistics industry, and we cannot have it feeling that it is being particularly targeted because of the way it conducts business.

I am pleased that my hon. Friend the Member for Suffolk Coastal (Dr Coffey) has joined us in the Chamber. She is already across these issues, and I will make sure that my Department is working closely with hers to ensure that both hauliers and local constituency Members of Parliament are represented appropriately. I hope that my response has assured my hon. Friend the Member for Central Suffolk and North Ipswich that the Government are well aware of the issue of parking at commercial ports and trading estates, both in my Department and in the Ministry of Housing, Communities and Local Government, which is also involved in enforcement. I will make sure that the record of today’s debate is passed to the appropriate Minister so that they can respond to my hon. Friend, too. We must not forget that the parking code of practice, when it becomes law, should help to address a number of the concerns the Government have about how the current systems works. I am grateful to my hon. Friend for raising this issue this evening, but I am sure that his constituents will welcome the proposed Bill. I will ensure that the appropriate Ministers respond further on the issues relating to penalties that he raised.

Question put and agreed to.

Leaving the EU: Port of Sheerness

Nusrat Ghani Excerpts

Tuesday 30th October 2018 Westminster Hall

[The Parliamentary Under-Secretary of State for Transport (Ms Nusrat Ghani)]

It is a pleasure to serve under your chairmanship, Mr Bone. I congratulate my hon. Friend the Member for Sittingbourne and Sheppey (Gordon Henderson) on securing this important debate. It highlights an issue that is topical for both his constituency and the wider economy.

Our ports are key to our economic success. They deliver 95% of our exports and imports. I hope that we can agree that first and foremost, the United Kingdom ports are exemplary. My experience visiting our ports as Maritime Minister has reinforced my belief that our ports are the best in the world. We have the most liberalised ports sector in Europe and arguably the world, with the private sector predominating and ports competing to attract and facilitate trade with both the EU and the rest of the world, all on a fully commercial basis with minimal expense to the taxpayer. This responsible sector has invested vigorously throughout fluctuating conditions in world trade and the domestic economy. It has adapted to changing patterns of demand, including radical changes in the requirements for energy generation over recent years. Consequently, it is well placed to meet the challenges and opportunities that the country will welcome as we resume our position as an independent trading power.

The Government have set a highly facilitative context for private investment through the national policy statement for ports, which was designated in 2012. It sets a strong presumption in favour of socially and environmentally responsible development. The sector has long recognised its environmental stewardship duties as it often occupies sensitive sites at the land/water interface. Moreover, ports have permitted development rights that help to facilitate modest adaptation of port estates in a nimble way where that has no adverse environmental implications.

Our ports have many strengths, especially being nimble and flexible, so the ports sector as a whole stands ready to meet challenges. As the ports sector is such a competitive one, I must remain neutral in that commercial arena, so I hope my hon. Friend will understand if I do not sing the praises of Peel Ports or of any other individual port operator at the expense of others.

Many other hon. Members will doubtless be quick to point out that they have equally alert and vigorous ports in their constituencies, which I know to be true as I have had the privilege of seeing several in operation at first hand.

[Gordon Henderson]

I want to make it clear—I thought I made it clear in my speech—that I was using Sheerness as an example only because it is in my constituency and I know a lot about it, but the case could apply to many other ports. We should point out to those who are filled with doom and gloom about what will happen post-Brexit that we have ports other than Dover. That is all I am trying to say.

[Ms Ghani]

My hon. Friend makes an important contribution. He is absolutely right. We must seize the opportunity and recognise that we have many productive and flexible ports up and down our country.

One of the reasons prompting this timely debate is the success of the port of Dover, along with the channel tunnel, which is why any sizeable proportionate reduction in their traffic would be so challenging to replace elsewhere. My hon. Friend talked about the level of traffic and freight going through the port of Dover, and he also referred to the port of Felixstowe. That remains the largest UK container port and is another example of a world-class port capable of accommodating today’s ultra-large container vessels. Its sister port, Harwich, is a versatile ro-ro facility that handles both accompanied and unaccompanied ro-ro trailers. Also, Associated British Ports has advertised the strengths of its Humber ports for unaccompanied ro-ro and is also investing in short sea container capability at Immingham. Those are just a few examples. The Government are involving the whole UK ports industry in discussions on resilience issues directly and through the UK Major Ports Group and British Ports Association. Nevertheless, the initiative of Sheerness in promoting its ro-ro facilities is a good example of an enterprising and positive transport sector.

My hon. Friend will have heard from Ministers that we are confident of securing a withdrawal deal with the European Union that is in the interests of both the UK and the EU member states as trading partners, for this is not a zero-sum game. All the participants in international trade stand to gain, and that applies as much to the UK’s ro-ro business with the EU 27 after we leave as it does to our trade with the rest of the world, so we expect an agreement and a transition period that will enable a sensible adaptation to the inevitable technical changes in border arrangements. However, as a responsible Government, we must plan for all eventualities.

There has been a great deal of speculation, especially in the past week, about the Government’s intentions in the event of a no-deal outcome. The Government have made it clear that UK border controls—those that we control—will continue to enable trade to flow as frictionlessly as possible, which is what we are working towards.

[Gordon Henderson]

I am sorry to interrupt again. I accept everything the Minister says, but, because the Calais-Dover route is so short, it does not lend itself to electronic trans-shipments at the moment, so we have to upgrade those facilities. My understanding is that the software used at Felixstowe could be changed to accommodate Dover. When asked how long it would take, someone said a few minutes, and we should explore such options.

[Ms Ghani]

Once again my hon. Friend makes a positive intervention on how our ports can continue to be flexible and take on board new technology to ensure that all the checks are made in good time, especially when we consider the very short journeys to Dover.

Certain checks and controls, including those already undertaken from time to time on EU goods, have to take place at the frontier to be effective, and that will continue to be the case. But there is much that we can and will do to expedite flow, especially where checks can be undertaken away from the physical frontier. We cannot control what controls the EU will require or what member states will do in response to those requirements in the event that we leave without a deal. We can seek to influence such things, of course, but ultimately there remains a risk that the flow of traffic will be affected.

The Dover strait, encompassing the channel tunnel, concentrates the greater part of accompanied HGV trade with the continent. It is a 24/7 operation that includes a stream of ferries departing at half-hourly intervals. Inevitably, such a dense flow of HGVs could become subject to some constriction in the event that prolonged checks feed back into the queue of arriving vessels. We would be failing in our duty to the public if we did not take such possibilities very seriously and prepare for all eventualities.

On the opportunities proposed at Sheerness, earlier this year Peel Ports issued its pamphlet, “Brexit unlocked—A Contingency Option Using Uncongested Ports”. That report highlighted the ability of ports that are geared up to welcome and handle unaccompanied trailers to provide a service to customers whose cargo is not perishable or otherwise necessarily quick to the market. That can have further benefits, allowing a little more time to clear border controls in either direction and within commercially agreeable bounds to use temporary storage on ports rather than increase stockholding in the customer’s onsite warehouse or distribution centre.

Of course, unaccompanied cargo is nothing new. Indeed, the pamphlet itself points out that more than 70% of unit-load traffic from ports in France, Germany, Belgium and the Netherlands already travels unaccompanied, whether in trailers or sea containers. Equally, of course, Dover and the tunnel will remain open for business whatever the outcome on borders, and along with the ferry operators will themselves continue to attract a powerful commercial pull through geography as well as customer service, especially on the more time-critical traffic, although not limited to that. It is not my job to pick winners or direct traffic. Decentralised decision making by traders who are best placed to weigh their own needs and time pressures will continue to do that. However, it is my and my Department’s job to consider all reasonably possible outcomes and pursue the overarching objective for traffic to be as frictionless as possible. That is what we have been doing and will continue to do. I am glad that port, ferry and rail operators are also engaging with those challenges.

My hon. Friend raised the issue of traffic management. My Department, Highways England and other partners are working closely with the Kent Resilience Forum and other partners to develop contingency plans that will replace Operation Stack. First, we have established the Dover TAP—traffic assessment protocol—which has successfully avoided the need to deploy Stack since 2015. That will continue and Operation Stack will be superseded by Operation Brock, which will ensure that the M20 can be kept open and that traffic will continue to flow in both directions at times of cross-channel disruption from whatever cause.

Operation Brock consists of three phases: a contraflow queuing system between junctions 8 and 9 of the M20, with holding areas at Manston airport and, if necessary, on the M26. This represents a significant improvement on previous deployments of Operation Stack when junctions were closed and traffic diverted off the M20 on to local roads, adversely affecting local communities and businesses in Kent. We will therefore have substantial truck-holding capacity while maintaining flow of traffic on the M20. Obviously, we hope that none of that will be needed, but I hope my hon. Friend will be reassured that the Department and the agency are working hard to cover all eventualities and improve the quality of our collective response.

[Gordon Henderson]

Although we have been talking about the implications of Brexit, I said at the beginning that we have to solve the problem whether or not we have a no-deal scenario. It is bad for Kent and for the country. Whether or not we have Operation Stack, we need more lorry parks. Every constituency in Kent suffers from all its lay-bys being cluttered with lorries. Lorries are parked on the M2 every night. We have to do something about that. I have been working with Kent County Council and Highways England, and I have offered sites in my constituency for lorry parks, but nothing ever happens. I hope that the Minister can encourage something to happen on that.

[Ms Ghani]

My hon. Friend again raises the important issue of lorry parks. We know we need more, but no Member would like them in their constituency. I value his contribution, and I will ensure that his passion for ensuring that we have lorry parks is passed on to the Roads Minister.

I know that the A249 is important to my hon. Friend. Road connections are vital to any ro-ro port, and indeed to most others. Our port connectivity study, published just last April, surveyed the situation in England nationally. It acknowledged that there is a good case for strengthening sections of the strategic road network and specific potential to upgrade sections of the A249 near Sheerness. The study is a platform for future investment in worthwhile improvements at a range of ports including Sheerness, but of course the port is open for business with its existing connectivity. I would welcome another meeting with my hon. Friend to try to take that forward, especially with the Roads Minister.

[Gordon Henderson]

rose—

[Ms Ghani]

I see another intervention on its way.

[Gordon Henderson]

I am sorry to intervene yet again. The A249 and the link I mentioned into the port are important. I mentioned it to the Secretary of State a year ago, and he instructed Highways England to go down and have a look at it. The response from Highways England was that it is not necessary because it is not busy enough. Highways England does not seem to understand that we will make it busier only if we get the road link in. That is where it is sadly not always singing from the same hymn sheet as the Department for Transport.

[Ms Ghani]

I hope Highways England will acknowledge my hon. Friend’s intervention. Our port connectivity study made it clear that that part of the A249 requires investment to ensure that our ports continue to do what they do best, which is not only bringing freight in but moving it up and down the country.

I thank my hon. Friend for raising an important topic. He has rightly highlighted the potential of an important port business in his constituency, as well as of other significant businesses up and down the country. I am sure that he and I agree that it is part of a wider picture of readiness to seize commercial opportunities across the UK ports sector. I look forward to working with him in flying the flag for UK ports. I have no doubt that you will agree, Mr Bone, that the UK was a great maritime trading power for many years before we joined the European Union, and we will continue to be a great maritime nation after Brexit.

Question put and agreed to.