Haulage Permits and Trailer Registration Bill [Lords]

Rachael Maskell Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons
Monday 14th May 2018 Commons Chamber

[Rachael Maskell (York Central) (Lab/Co-op)]

We have had an essential debate this evening on a Bill that we really should not have any necessity to debate. Although the title of the Bill sounds somewhat niche, the Government’s complete failure to secure trading arrangements with the EU means that the haulage industry could come to a complete standstill without this Bill. For that reason, we will not stand in the way of its progress to Committee this evening.

The haulage industry contributes £13.1 billion to gross value added, with 3.7 million tonnes exported and 4 million tonnes imported each year. It employs 319,000 HGV drivers. Although it is 45,000 drivers short, and the settled status is also creating uncertainty for EU nationals, Parliament must, without doubt, understand the importance of this sector to both the economy and jobs, especially with all the other uncertainties in the industry over Brexit, such as driver hours, custom borders and many of the issues that we have heard about this evening.

Negotiations should have established that the UK would be part of the Community licence scheme, along with all other EU countries, European economic area countries and others. This would enable the continuation of the free flow of goods to service our economy, and that is Labour’s position. However, even that most basic provision has caused much division on the Government Benches.

Today, the Government have tried to brush over this Bill as a “just in case” measure. The reality is that a no deal scenario, or even a “frictionless as possible” deal, and all things in between, highlight what a complete and utter nightmare our borders will prove to be without Community licensing or a customs union.

Currently the UK has permit-based agreements with Belarus, Georgia, Kazakhstan, Morocco, the Russian Federation, Tunisia and Ukraine and liberal agreements with Serbia, Albania and Turkey. They are typically managed through the DVLA, which in itself is already overstretched. Similar reciprocal arrangements exist, but now everything is up in the air. Therefore, for a lorry to drive on the continent to a destination, or to drive through another country to reach its destination, or within cabotage rules, the haulier will need documentation to prove that they have permission to be there.

We are debating this legislation when we still have no clarity over what the European negotiators will determine is required in these matters, so it is only a “virtual” Bill on something that the Government have no clue about what will be required. As the Secretary of State said, the Government are still, at this 11th hour, consulting on the content. We may pass legislation here, but without knowing for certain that the EU will accept the UK regime, this Bill could be redundant anyway. It is as if we are passing legislation to guide a negotiation process, such is the weakness of the Government with their chaotic Brexit.

Those of us on the Labour Benches are clear: be part of the Community licensing regime, and remove these completely unnecessary trade barriers and uncertainties. This legislation will give the Government powers to create a permit scheme for UK hauliers to be recognised across the EU. It will establish a trailer registration scheme in line with the 1968 Vienna convention on road traffic, which this Parliament ratified on 28 March 2018, so UK trailers are registered for use on EU roads.

If hauliers are looking for clarity over how these new arrangements will operate and how much it will cost them, I have to tell them that they will have to wait until secondary legislation is laid, except, of course, for the £75.8 million from the Government—or should I say the taxpayer—in set-up costs. That is another Brexit expense. Therefore, this is simply an empty Bill, built on a possible negotiated position, with no clarity over how the scheme will operate, or how much it will cost the operator for needing to go to the EU to save our economy—an emperor’s new clothes Bill.

For those Brexiteers who now feel that they can say, “Well, at least this means that our borders will be secure”, I am afraid to say that this Bill does not automatically stop international road haulage either. But they are right to suspect the worst-case scenario: vehicles stacking up without the right documentation. Research already suggests that two additional minutes spent on checks will result in 10 miles of lorries stacking up. Get this legislation wrong and we will have gridlock at our borders.

I have asked the Minister whether licences could be electronic documents. “No”, was the reply. Can Members believe that we are talking about a new system only issuing paper documents? Even in 2018, drivers will be expected to carry paper documents as they cross borders that could be subject to checks. If a permit is not present, fines could be issued. We therefore need an inspectorate. Where will this be based? How will it operate? I am afraid that that is not clarified in the Bill either. We have to wait for the regulations, but that will be all too late to create any certainty for the industry, as the hon. Member for Waveney (Peter Aldous) has highlighted with regard to the music industry.

Commercial traders over 750 kg and non-commercial traders over 3.5 tonnes will need to be registered with the DVLA and will be required to carry paper, not electronic documents. We are told that most caravans and horse trailers will be exempt, unless owners opt for the voluntary register, which we have not heard about in today’s debate. However, my hon. Friend the Member for Bristol South (Karin Smyth) made a powerful case as to why we also need comprehensive safety measures for light trailers. The tragic loss of little Freddie Hussey showed why this Bill must be amended in Committee to bring about greater public safety. My hon. Friend the Member for Rotherham (Sarah Champion) further highlighted the impact that tow bar safety would have, not least as 91% of trailers have failed basic safety tests. We need another inspectorate of certificates and trailers in order to ensure compliance as well as administration in the issuing of registration certificates. This means more unknown costs to the industry. Failure to comply could lead to imprisonment and/or a fine.

The noble Lord Tunnicliffe of Bracknell rightly won a vote in the House of Lords on improving safety standards and recording accidents. In Committee we must look at measures such as improvements to exhaust emissions, trailer safety and tyre safety in order to keep the public and drivers safe. He also sought clarity that there would be no restrictions on the number of permits issued—this is so vital for trade to flow—and said that we should not create even more obstacles.

I must seek clarity over the Irish border question with regards to haulage licensing. We are being led to believe that there will be no new restrictions that would limit cross-border road haulage on the island of Ireland. This means that EU to UK haulage and UK to EU haulage will flow without checks. However, when probed on this the Minister said that there could be differentiation across the Irish sea. This is completely unacceptable to the parties in Northern Ireland, and is the central point of the whole customs union argument.

As we understand it, road haulage—for example, originating from Germany—will travel into the Republic of Ireland as it does now, and will be able to continue its journey into Northern Ireland without checks, without borders and with “no new restrictions”. However, it will need a permit if it crosses to England, Wales or Scotland. In effect, are the Government saying with this Bill that they are going to create borders across the Irish sea and therefore cross other red lines? Clarity is needed and has not been provided by the Secretary of State. These important issues need to be resolved, particularly across the whole island of Ireland. This is too important for the Minister just to skim over in his reply, so I trust that he will spell out in detail exactly how these borders will work. Finally on Northern Ireland, the Bill requires a legislative consent motion from the Northern Ireland Assembly, but we all know that the Assembly is currently not sitting. I would be pleased if the Minister told us how he plans to handle that situation.

The true cost and chaos of Brexit can be judged by this Bill. We will hold the Government to account throughout its passage, while advising that we should remain within current arrangements. There is no reason for the UK to leave the Community licensing scheme, but this is a matter for negotiation—something so simple to establish, but which appears to be too controversial for the Conservative party to unify on.

Haulage Permits and Trailer Registration Bill [ Lords ] (First sitting)

Rachael Maskell Excerpts

Committee Debate: 1st sitting: House of Commons
Tuesday 22nd May 2018 Public Bill Committees

[Alan Brown]

It is a pleasure to serve under your chairmanship, Mr Davies. I will not be too long; I just want to make some brief comments. Amendment 12 and new clause 3 both call for the Government to submit reports. When the Bill was going through the House of Lords, the Government did, surprisingly, agree to report on accidents, and I thought that as the Government had now shown a willingness to do reporting, I would try their patience and see whether we could put additional reporting requirements into the Bill.

Overall, this is enabling legislation, which will allow the Government to bring forward regulations—secondary legislation—so we still do not know what the end outcome will be with regard to the Bill and subsequent regulations. On Second Reading, I concluded that the Government were saying, “We don’t know whether part 1 of the Bill will be required. We don’t know, if it is required, what the secondary legislation will look like. We don’t know what the fees will be. We don’t know what the application process will be and whether there will be limits on the permits available.”

Amendment 12 is therefore designed to firm up on that. We want the Government, as they develop the regulations, to submit a report outlining what the impact of the regulations will be, how they will apply to the haulage industry and what they mean for it. That is very important. The haulage industry as a whole is looking for continuity of the arrangements that are in place now—the community licence system—but if for some reason the Government cannot get a suitable agreement with their European counterparts, that might lead to a number of bilateral arrangements; it might lead to a whole scenario of additional requirements for permits. That could have an impact in terms of cost and time. We want to know what it means for the haulage industry, so we want the Government to set out clearly, once they know what the regulations look like, what the impact will be on the haulage industry. I think that is a fair ask of the Minister.

I am sure that the Government will not entertain new clause 3 because it asks for updates on the international negotiation process. We know that the Government like to play their cards close to their chest. We keep hearing how no one enters negotiations saying clearly what they want, and that they should play it close to their chest and keep negotiating effectively in a closed room. But that is not good enough. We want transparency. I think it is fair to ask the Government to come back and report on how the negotiations are progressing and what that means.

The other day, the Secretary of State for Transport commented that trade unions never state what their asks are before entering into negotiations, but I would argue differently: trade unions often do set out exactly what they are looking for. There is nothing wrong in stating what is being sought in negotiations and then advising and updating Parliament on how the negotiations are going, so I am interested in what the Minister has to say about the additional reporting requirements.

[Rachael Maskell (York Central) (Lab/Co-op)]

It is a pleasure to serve under your chairmanship, Mr Davies.

Labour Members believe that the Bill is important legislation, because it signifies many important aspects of the final agreement that is reached with the EU and the wider international community. Without it, and should negotiations result in no deal being struck, haulage movements and therefore our economy would seriously be damaged. Haulage is a servant of our economy, and getting this right is vital for its future. That is why we support the Bill and want to participate in the debate to improve it, should it ever be required. In fact, we argue that on some aspects of the Bill, regulations should be laid before the House come what may, as the Bill makes provision for improving and monitoring trailer safety. I thank the Minister for his part in this and, not least, I thank my hon. Friend the Member for Bristol South.

I first turn my attention to new clause 3, which is immensely sensible in so far as it is right to highlight the intrinsic link between the Bill and the continuing international trade negotiations with both the EU and the wider international community. Smooth passage over our borders is essential for the haulage industry’s survival, and more so for the business that haulage serves.

Labour Members believe that we should remain in the community licence scheme. The scheme currently enables goods to move frictionlessly over national borders with the EU, and I would find it incredibly helpful if the Minister could state whether it is his ambition to remain within it. I appreciate that that is subject to a negotiation process but, as the spokesperson for the Scottish National party, the hon. Member for Kilmarnock and Loudoun, has said, an indication of intention would not only help us to progress through the Committee sitting today, but inform those to whom the Bill would apply.

Understanding the intent of, and the progress being made in, this area of the deal could also assist in the planning of regulations associated with the Bill, which will need to be laid before the House before the UK leaves the EU, in the light of the timescales before us. Clearly there needs to be transparency, which is something the new clause brings about. We need to understand what happens after a community licence arrangement, or its equivalent, depending on where negotiations end up.

The Bill is a framework Bill and is subject to further regulations, and we appreciate that there could well be reciprocal arrangements, for instance with the EU as a partner on the continent. That, too, could assist, or have consequences for, the UK’s import and export markets.

The second part of the new clause focuses on the time by which reports must be laid in association with the Bill. Time is not on our side, and in the light of the fact that regulations need to be drafted after the Bill has completed its parliamentary process, it is right that we seek the shortest possible timeline for the preparation of the report to be presented. That will then inform any necessary regulations.

Labour is therefore fully supportive of new clause 3, and we trust that it will help with the process of smooth transition to an agreement that will assist the haulage industry.

[Alex Norris (Nottingham North) (Lab/Co-op)]

It is a pleasure to serve under your chairmanship for the first time, Mr Davies. I rise to speak briefly in favour of the new clause.

The Government are on a high wire here. The process of negotiating ongoing community licence membership on its own would be a difficult piece of work. Similarly, designing our own system on its own would be a difficult piece of work. To do those things at the same time is exceptionally difficult, so what we are considering today is very important. We saw on Second Reading, and I expect we will see over the forthcoming days, a great deal of consensus, support and understanding about the difficulty of the task. Relatively recently, I was involved in a similar Bill Committee about nuclear safeguards; that was very much the spirit in which we had those conversations.

This is enabling legislation—my hon. Friend the Member for York Central characterised it as a framework Bill. That is right and proper given the circumstances. We know that the Government need to have that latitude, given the fluid nature of the negotiations, and whatever arrangements may need to be filled in over time. However, we, as the legislature, need to secure some support and some structure to ensure that we insulate from Executive overreach. We understand that the Government need flexibility but, over time, as things develop, and as the Government know more and conversations start to have more detail, we ought to know a little more about what the nature of the scheme is likely to be, about the regulations on permits, and about what developments occur. I do not think that that is much to ask. The irony is that I dare say the vast majority of us on the Committee do not want the legislation to pass; that is a strange situation. It is important for us to have confidence in the process, so I hope that the new clause might be accepted.

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[The Chair]

It might be helpful if I mention at the outset that the Committee may debate the provisions of each clause during a stand part debate, even if no amendments have been tabled to that clause. As we proceed it will be helpful if Members who wish to debate any clause in any stand part debate could indicate that clearly to the Chair, either privately in advance or when we reach the relevant clause.

[Rachael Maskell]

I appreciate being called to speak to clause 1, Mr Davies. I seek clarity on how the Minister thinks the haulage permit system will work.

Haulage is part of the EU community licensing scheme, as we have already heard. I am disappointed that the Minister’s ambition is not to remain within the scheme, because we know not only that it is incredibly successful, but that it means there is smooth, frictionless movement of goods over our borders. The EU recognition of the licences means that lorries, for example, can pass smoothly from one nation to the next. Without permits being issued, lorries will not be able to cross borders after we leave the EU.

I want to express my concerns by talking through various scenarios, and I trust the Minister will be able to answer. I want to take the example of a lorry that originates in Spain and travels to the Republic of Ireland. It would not be required to have a specific permit, as it is still within the EU. If, however, the lorry then heads north and travels to Northern Ireland, it will have passed from the EU jurisdiction to that of the UK. Here the lorry would fall under this Bill and would need to carry permit documentation to prove that it was eligible to be in Northern Ireland. Will the Minister clarify whether there will be permit checks at this border or in Northern Ireland? Would the lorry even need a separate permit to be in Northern Ireland? Given that the Government have said there will be no hard border within the island of Ireland, that suggests that no permit is required. Or is it? I am seeking clarity from the Minister.

[Mr Goodwill]

Is it not the case that that truck would already have to pay the HGV levy to travel on the roads of Northern Ireland? Therefore the UK authorities would already have be notified, namely through that charge of £10 a day.

[Rachael Maskell]

The right hon. Gentleman raises the important point that we are talking about the permit and the ability to move north and south across Ireland, which will be different if we are not within the community licensing scheme. Will the Minister clarify what the position would be if another vehicle is travelling from its origin in the Republic of Ireland to Northern Ireland—would permits be required for that too? If permits are needed in either of those examples, that would create a border within the island of Ireland.

Let me carry on with my first example. If the lorry from Spain were to cross from Northern Ireland into England, Scotland or Wales, or within the UK, could it do that without a permit? My reading is that it would not. Secondly, if a lorry were to begin its journey in the Republic of Ireland and take the same route north, then across the Irish sea, would it require a permit? I seek clarity on both scenarios.

Will the Minister provide further clarity? My lorry begins its journey in Spain. If it skips Northern Ireland and goes straight to the Republic of Ireland, it would not need a permit; but if it were to travel east, without going to Northern Ireland, would it need a permit, and if so, would that not create a border across the Irish sea? That might sound quite detailed, but it is fundamental to the understanding of the Bill and, for example, the number of permits to be issued, and is therefore informative to today’s discussion.

We need to understand how permits will be issued according to each jurisdiction. With something as important as this, the Minister needs to understand that the industry is already very nervous. The lack of detail on these important issues, which also of course carry a cost implication, is already forcing business decisions that are not in the best interests of the wider economy. Clarity would bring confidence. I hope that this morning the Minister will end the confusion about how these permits will work across these borders.

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[Jesse Norman]

I am grateful to the hon. Lady for her comments. She raises several issues, which I am happy to address. The first relates to the different scenarios that hauliers would be operating under and the second to the nature of documentation and, potentially, electronic documentation or its equivalent. There is some lack of clarity that it is important to dispel here—I am not sure whether it exists in the industry. Let us be clear: this is a Bill that applies to UK hauliers. A foreign haulier with a vehicle coming into the UK will be bound by other legislation linked to foreign hauliers, but they will not be affected by the Bill. The effect of that is that in the first scenario the hon. Lady describes, a UK haulier with a load that starts in Spain and goes into the Republic of Ireland and then into Northern Ireland would require a permit if there were an agreement between the two sides—Ireland and the UK. However, there is no such agreement.

The clause provides an enabling power because current and future international agreements are all different and we need flexibility to require permits only when international agreements so require. It allows for different exceptions. In the case of the island of Ireland, permits would be required for journeys only if there were an agreement between the UK and Irish Governments to have them. It has already been made clear that no permit regime or hard border on the island of Ireland will be created by this Bill. The issue will, therefore, not arise. If they are coming into the UK under a permit scheme from a foreign haulier, that will not apply in the same way.

[Rachael Maskell]

Is the Minister saying that hauliers in the Republic of Ireland who will then be bringing their load to England, Scotland and Wales will need to carry a permit?

[Jesse Norman]

If there were a permit scheme in place between the UK and the Republic of Ireland, then a permit would need to be carried. If not, then it would not. There is no such permit scheme in place.

[Rachael Maskell]

I appreciate the Minister’s response, which clearly shows that there could be a creation of borders that are built. Would he therefore explain how permits will be inspected? That seems to be fundamental for haulage flow and traffic flow.

[Jesse Norman]

I am not quite sure why there is a lack of clarity. Borders are not the same thing as permits. At the moment we have frictionless trade with the EU, and we have mechanisms for inspecting lorries through the DVSA which are nowhere near the border, and have no impact at all on the flow of traffic or freight across borders. There should be no reason in principle why this should be different.

[Rachael Maskell]

I will ask again: will the Minister say how that inspection is different? This is about having a right to move haulage across the borders, and therefore it is about understanding how that inspection will take place. It is a different form of inspection to the one referred to by the Minister.

[Jesse Norman]

It really is not. The hon. Lady might not be clear, so let me say this again. At the moment there will be no transport checks at borders, and we have been perfectly clear about that. This does not change that at all; on the contrary. I could not be clearer. There are going to be no transport checks at borders. Under current arrangements, the community licence is a paper document that hauliers are required to carry in their vehicles and to show to inspectors on request. If we were to move to a paper copy permits arrangement as described, nothing would fundamentally change in that process. There are benefits to digital documents, and we do not disagree with that. The Bill allows scope for a shift to digital documentation in the future. Clause 1 states that the

“permit can be in any form the Secretary of State considers appropriate”

but the system put in place is a pragmatic solution that fully follows the current lines of the community licence regime, and should raise no further questions in people’s minds.

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[Jesse Norman]

What we have said that there will be no transport checks at borders. We do check transport. I have been out on patrol with the DVSA, and a very effective job it does too of pulling over truckers and checking whether their documentation is in order on a whole variety of different grounds, including compliance with the community licence. That is the difference, and that is the distinction we wish to draw and that it is important to make.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2

Number and allocation of permits etc

[Rachael Maskell]

I beg to move amendment 8, in clause 2, page 2, line 38, after “criteria”, insert

“, including compliance with emissions standards,”.

This amendment would explicitly include compliance with emissions standards as a criterion the Secretary of State may use in determining whether to grant an application for a permit.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 7, in clause 2, page 2, line 38, leave out from “or” to the end of line 40.

This amendment would remove reference to first come first serve or an element of random selection as methods for granting an application for a permit.

Government amendment 1.

[Rachael Maskell]

The amendments stand in my name. I shall first speak to amendment 7 and then to the amendment about emissions.

This part of the Bill highlights a number of different ways in which the permits will be allocated. How the permit is allocated will impact on our economy. The wording of the clause suggests a restricted number of permits, but it is unclear how such a restriction will be devised. How will the Minister and his Department determine the number of permits needed?

Journey numbers can be assessed and trends extrapolated post-Brexit, but the norms of yesterday may differ very much from the new reality in which we shall be living. Will there be a set number of permits, or will the numbers fluctuate in response to demand, such as by removing a cap on the number of permits? Clarity would be most helpful. If only a fixed number of permits are allocated, we need to understand how they will be scheduled throughout the year, so that that there is no feast and famine to the initiative. Surely a flexible approach would be the most sensible way to manage it so as to ensure that the UK economy is unrestricted in the number of journeys required by logistics companies.

We are deeply concerned by the suggestion that permits will be issued on a first come, first served basis, or randomly, because that suggests that there are no strategic objectives or any prioritisation of imports and exports. To drive forward the UK’s economy in a planned and measured way, there must be a planned and measured approach to how permits are allocated to build synergy with economic priorities. For example, if the car industry were unclear about whether it would receive the permits it required for its goods to cross the channel a number of times, such uncertainty would result in companies being more likely to disinvest in the UK.

The Labour party does not believe that we should restrict the number of permits as suggested in the Bill. That would be against the interests of the UK economy. We therefore believe that it would be helpful to remove the existing wording in brackets in clause 2(1)(c) in order to remove the suggestion that the process is random or conducted on a first come, first served basis. Just because people are there early, at the front of the queue, does not mean that they should have the most important place in our economic planning.

Turning to emissions, Labour believes that the way in which permits are issued could result in social engineering. There is no greater example than that of fuel emissions from vehicles. The UK has an air quality crisis that is causing the premature death of 50,000 people in our nation every single year. By tightening up on the environmental issues, the Bill gives us the opportunity to bring real environmental change through how permits are issued in future by using levers to force change in behaviour. On Euro 5 and Euro 6 emissions standards, the way in which permits are issued could help with focusing on behavioural change, which would be a far more welcome approach than that suggested by the Bill. Should the amendment be agreed, the Minister’s focus would be on improving, in a meaningful way, the UK’s abysmal record on air quality, which would bring real health benefits to our nation.

[Mr Goodwill]

I shall speak against the amendment because it seems to me that it would have the opposite effect to that described by the hon. Lady. If she is saying that UK trucks do not comply with emissions standards, I have to tell her that despite everything we have read about some diesel cars not complying, trucks have a very good record of complying, not least because the analytical equipment that exposed Volkswagen has for a long time been able to be carried on the back of a truck. Most trucks therefore comply with 90% or more of the actual emissions standards they are meant to meet.

[Rachael Maskell]

Does the right hon. Gentleman not recognise that the UK will not be subject to those EU jurisdictions on leaving the EU? The mechanism will be negotiated and it will relate to the EU (Withdrawal) Bill, wherever that gets to. Perhaps those standards will not apply in the UK.

[Mr Goodwill]

The Minister has made it clear that leaving the European Union will not be an excuse to undermine the tough environmental standards that are in place. Indeed, the majority of trucks used on British roads are produced to European standards. There is no suggestion whatever that the Volvos, Scanias and MANs of this world will produce a down and dirty truck just for the UK market. UK trucks have a good record. Indeed, unlike cars, truck engines operate at optimum temperatures and optimum loads and therefore are likely to perform particularly well. I pay tribute to the engineers who have delivered those fantastic systems introduced in Euro 6 and in Euro 5 before that.

The point I am making is about the hon. Lady’s wish to impose a tougher standard on a truck allocated a permit. Reading between the lines, I got the impression she would say, “We will only give a permit to Euro 6 trucks”, but that would result in a similar situation to that in which London taxis found themselves, whereby a higher emissions standard was forced on taxi operators in London and the older taxis went to operate on the streets of Manchester. If she is saying that only newer Euro 6 trucks would qualify for a permit, we would find the better performing trucks being used on continental runs, leaving the dirtier, older trucks operating on British roads. By allocating permits to cleaner trucks, she would have the opposite effect to that which she hopes to achieve.

[Rachael Maskell]

I am certainly not saying that; what I am saying is that this is a real opportunity. Given that we do not have certainty over future environmental protections—as the right hon. Gentleman has suggested—because that legislation is not enshrined in UK law, there is a real risk of dirty lorries on our roads. Obviously, we want to prevent such a scenario. Given the complete failure on measures to improve air quality in our country, it is important that we consider every opportunity to do so.

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[Jesse Norman]

The consultation is on the class of the lorries being used. If the consultation comes out in favour of an issue having some weight, the Government will look harder at what weight it should have, and will do precisely what has been contemplated by my right hon. Friend the Member for Scarborough and Whitby, namely balance it against potential unintended consequences. My right hon. Friend was pointing out that to legislate at this point would be to invite those unintended consequences, because it would lack the further scrutiny and balancing that a consultation is designed to give.

The Bill already gives the power to use a range of criteria, including compliance with emissions standards. It does not need to be included in the Bill for us to use that criterion. It is important that primary powers give flexibility to the criteria and allow for them to be amended in future. We intend to include those criteria in regulations, which will, of course, themselves be debated by Parliament and be subject to approval in both Houses.

We also wish—as no doubt future Governments will wish—to be able to change the criteria to make improvements to the scheme or as there are evolutionary changes in the industry. It is reasonable to include such detail in secondary legislation, which would allow those changes to be made more easily. I absolutely support the intention behind the amendment, in so far as it is to ensure that our haulage sector minimises emissions and complies with high environmental standards, but the amendment is not required to achieve that and I hope the hon. Lady will not press it.

Amendment 7, also tabled by the hon. Member for York Central, proposes removing the reference to

“first come, first served or an element of random selection”.

She asked how that would operate. It is important that those references remain in the Bill, not only because they deal with the more difficult situation, where there is a limited number of permits, but because they allow us to allocate permits in the “normal” manner, where there is no limit on permit numbers.

Let me look at the idea of first come, first served, in response to the hon. Lady. Our existing permits schemes are undersubscribed—it is very important to be aware of that—so applicants have always received what they have applied for. In 2017, for example, we issued 66 permits for Ukraine from a quota of 400. For Georgia, we issued six permits from a quota of 100. Permits are issued on demand, and in those cases it makes sense to issue permits as applications are received—that is to say, on a first come, first served basis.

In the future, where more permits may be available than are applied for, permits can be issued to all available applicants. The current drafting, with the reference to first come, first served, ensures that the Secretary of State clearly has the power to provide in regulations that permits may be allocated on that basis, and that no other factors are required to be taken into consideration.

[Rachael Maskell]

I am grateful to the Minister for setting out the surplus number of permits, but if we faced a scenario where there was increased demand on the number of permits—of course, we are entering a new scenario here—why would a cap be put on the number of permits available?

[Jesse Norman]

It entirely depends on whatever permit regime may be in place. It may well be an entirely liberalised one, with an enormous number of permits available, that therefore does not apply a cap—or it may not, as agreed.

[Rachael Maskell]

Following through on that logic, why even stipulate that it needs to be on a first come, first served basis? If applicants reach the set criteria to warrant having a permit, surely that should be the basis on which a permit is awarded.

[Jesse Norman]

I am struggling to make myself clear. I have just gone through a case where there are more permits available than the numbers demanded. Under those circumstances, it makes every sense for the Secretary of State to have a clear power to allocate on a first come, first served basis.

[Rachael Maskell]

indicated dissent.

[Jesse Norman]

I will come on to other circumstances later, if I am able to proceed, but there is no doubt that that clarity is of value, and that is the clarity that the Bill affords.

This is clearly a more simple process, both for Government and for hauliers. It would mean that hauliers would not be asked for as much information, and that additional criteria would not need to be applied. It would therefore keep the process as simple as possible. I will give detail on other cases later.

Moving on to random selection, the Bill enables regulations to be made that provide for how the Secretary of State is to decide whether a permit should be granted. Such provision may include specifying criteria or other selection methods, including an element of random selection. If the demand for permits exceeds their supply, we will look to allocate them in a way that maximises benefits to the UK economy, and that is fair and equitable to hauliers. We have made that perfectly clear, and it was repeated on Second Reading. We will set out criteria in regulations, and the Secretary of State will provide guidance relating to the information that applicants must provide in their applications.

[Rachael Maskell]

I thank the Minister for talking through how he sees the system operating. I still question what happens on a first come, first served basis to people at the end of the queue, in the worst-case scenario. Would they still warrant a permit? Also, the Minister used the word “random”. It seems a rather unplanned way of looking at the aspirations for our economy. Does the Minister agree that that is perhaps not the right word for the Bill?

[Jesse Norman]

The word “random” is a technical way of describing a mode of allocation. I do not think that it is not the right word; I think it may well be the correct word. The hon. Lady may take it in some folk sense of the word “random”, but that is not what is intended in the Bill. Let me proceed, and I will address the question that has been raised as we continue.

We are consulting on the criteria and methods to be used for allocating permits. Those criteria and methods will be included in regulations, and could include relevant factors such as the need for an applicant to hold a valid operator’s licence, the environmental standard of the vehicle organised to be used, as I have described, or the sector in which an applicant operates.

There may be cases, however, in which the application of such criteria does not enable the Secretary of State to allocate all the permits. It is therefore necessary for other methods of selection to be available. It is important to remind the Committee that we have said that we will look to allocate the permits in a way that maximises the benefits to the UK economy, and that is fair and equitable to hauliers. Those are the governing principles behind the assessment of the criteria.

[Rachael Maskell]

Could the Minister explain why the words that he has just used about the importance of our economy are not in the Bill, as opposed to the phrase “random selection”? Surely that is what the permits system is all about.

[Jesse Norman]

The Bill contains a framework by which permits are to be allocated. Maximising the benefits to the UK economy and making that framework fair and equitable to hauliers are overriding principles behind the legislation, as I pointed out on Second Reading. The Government have been quite clear about that. We have listened to the concerns raised in the other place that all permits might be allocated randomly and that getting a permit would be purely a matter of chance. That is not the case. Where random selection is used, it will not be used on its own without any other criteria being applied.

Although we expect some of the provisions in the Bill not to be necessary, we are under a duty to ensure that the Secretary of State has the power to make regulations that allow a range of outcomes to be realised. We have made explicit mention of “first come, first served” and “random selection” in the Bill in order to make it clear that the Secretary of State has the power to make regulations that include such provision. Given that there may be circumstances in which “first come, first served” or an element of “random selection” are required, it is appropriate for the Secretary of State’s powers to be spelled out clearly in the Bill, which will ensure that there is no doubt that those powers are available to him or her and provide transparency about what may be included in the regulations.

We have aimed to be open about the potential use of those methods and I have sought to set out the circumstances in which we envisage they may be used. To limit the powers would limit the ability to operate a permit scheme that works to the benefit of hauliers. We will consider all the responses to the consultation before bringing regulations forward, so that the criteria and methods we are using are suitable, and the regulations will be subject to debate and approval by both Houses, but we want to ensure that the Bill enables regulations to be made that address scenarios in which the application of criteria needs to be supplemented by other methods of selection. I hope that the detail I have set out allays fears about how they may be used and that the hon. Member for York Central feels content not to press her amendment.

Government amendment 1 will ensure that the Bill allows flexibility for whatever permit scheme we may have in future. It will allow the Secretary of State to issue permits in cases where the criteria prescribed in regulations may not be suitable. On Second Reading, hon. Members raised the issue of music tours and their hauliers not being able to travel internationally. That is a good example of an industry where a one-size-fits-all permit scheme may have some unintended consequences. Applying a single set of criteria to everyone might mean that some who are providing a highly valuable service with wider economic benefits are particularly disadvantaged. Amendment 1 will allow specific steps to be taken to mitigate that effect.

The Bill currently allows a number of permits to be available for a class of applicants, although the variety of situations in which those permits could be used is varied and often unforeseen. It might help the Committee if I give some examples. Let us take, for example, the case of an emergency where hauliers could not have foreseen the need to obtain a permit. In such a case, amendment 1 will allow permits to be issued to deal with those emergencies. That could be, for example, where there is a need to move fuel for energy supply, or to move medicines. There are also circumstances in which a haulier might be looking to move goods that are particularly important to the economy, perhaps with one-off, unusual loads, such as aeroplane parts, large turbines or the like. We want businesses to be able to move their goods, especially where there is a much wider economic benefit from that haulage.

[Rachael Maskell]

Will the Minister explain to the Committee why he is seeking temporary exemptions from the permit scheme, as opposed to emergency permits being issued to address the scenarios he has outlined?

[Jesse Norman]

We have taken the view that exemptions are the simplest and cleanest way to handle the cases we are talking about. Of course, some cases will be emergencies, but there might be circumstances that are not emergencies at all. I have described some examples, such as the movement of aeroplane parts, that would fall into that category. There are other cases that are worth touching on, where the type of haulage that a business does is unlikely to receive a permit due to the pattern of haulage movements, despite high economic benefits. That would be precisely the kind of case we have seen of music tours where a single journey from the UK might involve numerous stops across Europe. The amendment allows us to cater for those eventualities as well.

To be clear, the number of permits for such purposes will be small. We believe that we should apply a standard set of criteria to all applicants wherever possible. The amendment will allow us to smooth off some of the rough edges that come from having a permit scheme for, for example, matters of key national security or wider economic interests.

[Jesse Norman]

I have not considered that. I certainly think that there are cases of industrial action that might constitute a national emergency. We have seen that in fuel haulage, for example. I am not sure that I can give the hon. Gentleman that assurance, but I understand the spirit in which he intervenes.

The power before us is relevant only where the number of permits is limited. As I have said, we expect to reach an agreement where there is no limit on the number of permits, which would avoid the need to use subsection (2) of clause 2. I remind the Committee that we are consulting on the detail of a permit scheme, including how permits are allocated, which will inform the regulations that are made under the clause.

The policy scoping documents published in March set out that we intend the Secretary of State to have powers to allocate permits directly. These will be used for areas of economic importance or for security. Amendment 1 does not change the policy on the methods for allocating permits; it simply ensures that a small number of permits can be kept aside to deal with those cases, even when they are not a clear “class of applicants”, as the previous drafting would have required. That allows us to be clear with Parliament about how we envisage a permit scheme operating and how the powers in the Bill would be used.

[Rachael Maskell]

I really appreciate the Minister giving way. Could he outline how exemptions would not be abused by hauliers?

[Jesse Norman]

Of course, attempts to seek exemptions would be examined carefully and soberly. I have already said that we do not expect this to be anything other than a small number of exemptions. We are not expecting abuse of this provision. The point is to try to be clear and to allow for unusual circumstances, and to do so in a limited and constrained way. The haulage industry already rightly expects us to offer that level of flexibility to allow its own businesses to operate as flexibly as they do now. These simple and sensible amendments will allow us to work for the haulage industry in any future permit scheme, and I hope that the Committee will support them.

--- Later in debate ---

[Rachael Maskell]

Clearly we are handling the Bill in a most unusual way, because a consultation process is currently live on whether we should be using environmental measures to determine how permits are to be issued, so I will withhold my judgment on that. We will be able to address the issue at the next stage when we consider the regulations. I am happy not to press amendment 8.

On amendment 7, the Minister’s descriptions of “random” and “first come, first served” still do not satisfy the real requirements of driving our economy forward and ensuring that it is secure and that lorry movements will be able to support that. However, I also recognise that the Minister has said that the Government are consulting on those elements. Again, we will be able to address the issue of how the permit system will operate at the next stage of drafting the regulations.

I must say that the Minister was confused in the way he presented his rationale for the inclusion of these terms in the Bill. It is completely superfluous to suggest a “first come, first served” or “random” selection if the consultation is going on currently. I do not understand why they are included in the Bill.

[Jesse Norman]

The effect of not including them in the Bill would be that it was less clear to Parliament that these possible means of selection were available to the Secretary of State. Surely the hon. Lady agrees that more transparency is better than less.

[Rachael Maskell]

The drafting could have been greatly improved if it make the points that the Minister is trying to make. I still believe that the wording is somewhat clumsy but, given that this issue will be superseded by regulation, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Jesse Norman]

I thank the Committee for those comments on the amendments, and I am grateful for the support that hon. Members have given us on the question of flexibility. In response to the question about abuse, which was perfectly proper, I should say that we will certainly expect hauliers to demonstrate why they required a permit under those unusual circumstances, and what goods they plan to move. It is important to give that clarity. As I said, we do not expect it to be more than a small number. I thank colleagues for their contributions. Amendment 1 is a simple amendment, and I beg to move—

--- Later in debate ---

[Jesse Norman]

I beg to move amendment 2, in clause 2, page 3, line 2, leave out from “permit,” to end of line 3 and insert

“including provision specifying—

(i) when an application is to be made, or that the time when an application is to be made is to be determined by the Secretary of State;”

This amendment would ensure that regulations can provide for the time when a permit application is to be made to be determined by the Secretary of State.

The amendment relates to times when permit applications must be made. The Bill currently outlines that regulations may specify when an application may be made, and our intention was to include that in regulations, but the effect of that may be inadvertently to limit the flexibility to issue permits. For example, where we expect the demand for permits to exceed supply, we will ask hauliers to submit applications during a specified period that would allow permits to be allocated consistently, in accordance with the criteria included in the regulations.

However, because of the various possible permit types and different permit agreements that we have with different countries, we want to be able to accept applications at different times, in some cases where we have more permits than we require, and for permits to be issued in special cases, as we discussed earlier. We want to accept permit applications at any time, but by setting out in regulations where applications can be made we would be limiting that.

The haulage industry will, as I said, expect us to offer as much flexibility as we can. The amendment makes simple, sensible changes that, again, allow us to work for the haulage industry. I hope that the Committee will support its inclusion.

[Rachael Maskell]

The Minister’s explanation seems perfectly reasonable. He says that he believes that there will be a limited number of circumstances, so it will be interesting to see that in reality. I will reserve my other comments for discussion of clause 3.

Amendment 2 agreed to.

Clause 2, as amended, ordered to stand part of the Bill.

Clause 3

Temporary exemptions

[Rachael Maskell]

I beg to move amendment 9, in clause 3, page 3, line 18, at end insert—

“(4) The Secretary of State must prepare a report on the number and period of temporary exemptions made under this section.

(5) The report must be laid before Parliament within the period of one year beginning with the day on which this section comes into force and annually thereafter.”

This amendment would require the Secretary of State to report on temporary exemptions from a prohibition imposed in regulations.

We have already touched on the issue of temporary exemptions to the permits regime. The Minister has said that he believes that there will be very few exemptions. My hon. Friend the Member for Nottingham North highlighted an example where we could see a number of exemptions given. That is of deep concern to Opposition Members, in that it is trying to circumvent industrial action.

I have also raised the question of whether the exemptions could be abused, and how strict the regime will be. We have already heard about a number of examples where temporary exemptions could be made, but I still question whether permits could be applied for in those circumstances. We would like to have a better understanding of that.

--- Later in debate ---

[Jesse Norman]

As the hon. Lady said, the clause allows the Secretary of State to make a temporary relaxation of permit requirements, which is limited to dealing with an emergency or some other special need. By “special need”, we mean a situation in which it is essential to move particular kinds of goods—for example, as I have touched on, where there is a shortage of petrol or other fuel because of disruption in supply chains. We could also include moving medical supplies or radioactive materials.

Permit requirements will come from international agreements, so the UK cannot unilaterally decide to make an exemption. The other country will need to accept UK vehicles without a permit. The effect is that the power is as much about UK vehicles being able to take goods to other countries as about bringing goods into the UK. We intend that exemptions will be targeted at those who need to travel without a permit. That could be a particular kind of vehicle—a fuel tanker or a vehicle carrying specific goods, such as vaccines. The exemptions are made by publishing a notice or writing to a specific operator being exempted, similar to exemptions made in other regimes, for example with drivers’ hours. The circumstances in which this power is used are expected to be rare, and therefore we do not expect it to be used with any great frequency. It is important that it is included in the Bill in the event that exception is needed. That is why we have asked the Committee to agree that clause 3 should stand part of the Bill.

The hon. Lady’s amendment raises an interesting point. I think it is appropriate for the officials and me to consider what information about this should be published, but I do not believe that it needs to be a provision in the Bill. The circumstances in which temporary exemptions are to be granted are expected to be sufficiently rare that, although we can consider what information is published on them, I do not think there is great value in laying this issue before Parliament.

[Rachael Maskell]

Could the Minister therefore explain how he will make that information available so that Parliament can scrutinise whether the regime proposed for permit exemptions is operating well, and how he plans to gather that data and make it available more widely?

[Jesse Norman]

It is in the nature of these things that they are unpredictable. It is also the case that, where that information is published, as opposed to simply being notified, it will not be absolutely clear how many will be availing themselves of the exemption. We certainly do not wish to create onerous requirements. I am happy to have a further conversation outside the Committee, if the hon. Lady has ideas or suggestions about how information should be taken into account in any future work that we do.

[Rachael Maskell]

I listened carefully to the Minister, on how he is willing to engage on the amendment, given the lack of clarity. I am just considering again the regulations that will have to accompany the Bill, should it proceed to enactment. In the light of that, clearly there will be regulations on how the exemption scheme will operate. If he is willing to look at how the number and type of temporary exemptions are provided for through the regulatory process, I am happy to withdraw the amendment. Will he consider that?

[Jesse Norman]

I am very happy to consider that.

[Rachael Maskell]

I therefore beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 3 ordered to stand part of the Bill.

Clauses 4 and 5 ordered to stand part of the Bill.

Clause 6

Production of permits and inspection of vehicles

Question proposed, That the clause stand part of the Bill.

[Rachael Maskell]

I am grateful for the opportunity to speak to clause 6. As discussed before, there needs to be greater clarity around the inspection regime of permits. I have not been satisfied by the Minister’s response about the inspection regime. It seems strange to have a permit system but no systematic way of examining the permits to ensure that they are compliant with the vehicles they are attributed to, so we need to look at this serious issue. It seems that a slightly random process is applied to hauliers and whether they are hauled off the road and have their permits and documentation examined. If, as the hon. Member for Kilmarnock and Loudoun said, we are to take control of our borders, it is incumbent on us to have a systematic way of ensuring that vehicles’ documentation is in order. We therefore need greater clarity on how the inspectorate system will work and on whether there will be more resources put into the inspectorate, given that more documentation will have to be manually examined in the absence of digital opportunities. We need to ensure that there is full compliance with the regime.

There is a further concern. The Minister has set out for us today how there will be exemptions to the scheme and how vehicles, drivers and operators could fall through the gaps between exemptions and the lack of a systematic way of examining permits. Will the Minister give more attention to ensuring that our borders are secure and that trade will still be able to flow? People across the country will be surprised if hauliers do not have the correct paperwork on board, and people who voted to leave the European Union will be most disappointed that our borders will not be more secure.

Perhaps the Minister will set out how he anticipates ensuring a comprehensive inspectorate around his permit proposals, and how he will ensure we do not see the holding up of haulage, but at the same time have strong compliance.

[Jesse Norman]

I am slightly struggling with what the hon. Lady wants: on the one hand, she wants a comprehensive system where it seems that everyone gets checked at borders; on the other hand, she wants frictionless trade. Those two things are incompatible.

[Rachael Maskell]

May I help the Minister? I assure him that I want us to be part of the EU community licensing scheme, which would remove all those challenges.

[Jesse Norman]

That, of course, does not go to the circumstances contemplated by much of the Bill. The Bill is precisely designed to address issues where we may need a permitting regime. Therefore, what the hon. Lady said does not go the point, I am afraid.

Let us be perfectly clear: the Bill does not contain new powers. Examiners from the Driver and Vehicle Standards Agency already have powers to stop vehicles in other enforcement legislation. Community licensing is already enforced in roadside vehicle checks. At the same time, many other regulations are checked, including drivers’ hours regulations and vehicle roadworthiness. We intend to enforce permits in the same way as community licences. We have not created any new powers to stop vehicles. Vehicles are stopped at present; in that sense, our borders remain secure. Our hauliers are subject, as the hon. Lady knows, to a set of enforcement powers that ensure that regulations on moving goods are properly complied with. All this clause does is give similar powers for a future permit scheme, to ensure that it is properly used and enforced.

[Rachael Maskell]

Does the Minister not recognise that we are moving into a completely new scenario? Most of our haulage traffic crosses between the European Union and the UK, which will be a different jurisdiction after 29 March next year. Therefore, we are talking about a very different set of scenarios from the one we currently operate in, which will make more demands on the system. Currently, as part of that same community, we do not have to carry out those checks because there is recognition across those borders.

[Jesse Norman]

I think the hon. Lady misunderstands; there is a community licence scheme in place. When hauliers are pulled over at present, their community compliance is checked in the same way that their drivers’ hours regulations are checked. If she does not understand that, she may just not understand how our system actually works.

[Rachael Maskell]

I do understand how the system works, but we are talking about a different set of scenarios because we will have a border, whatever its nature may be. That is why we are dealing with a different set of circumstances. If we are outside the community licensing scheme, clearly, the way that the permit will operate, hence the necessity for this Bill, will mean that we will not be part of that wider community that currently exists. It is not just about making sure there is compliance; there is more need and demand to ensure that there is compliance with a new permit scheme.

[Jesse Norman]

The current scheme operates in the way I have described. What is contemplated under the Bill as regards the powers to enforce will track the current scheme. That is to say, the Bill does not contain new powers. In that sense, there will be a high degree of carry-over, quite independent of the arrangement that we strike with the European Union, which, as the hon. Lady knows, we expect to be one of liberalised trade. The point is that community licensing is already enforced and it will continue to be under the new regime in the same way it is already enforced. There are no new powers.

All we ask of the Committee is to recognise that these powers are required to implement the purpose of the Bill, the principles of which were agreed on Second Reading, and that they are properly fit for the task and reflect what we are doing in relation to the community licence. They are thoroughly sensible powers for proper enforcement of a permits regime.

Question put and agreed to.

Clause 6 accordingly ordered to stand part of the Bill.

Clauses 7 and 8 ordered to stand part of the Bill.

Clause 9

Report on effects of EU-related provisions

[Rachael Maskell]

I beg to move amendment 10, in clause 9, page 5, line 30, after “Kingdom” insert

“and setting out the number of permits requested, granted and refused”.

This amendment would require the Secretary of State to report on the number of permits requested, granted and refused.

The Committee will be pleased to know that this is the last amendment I have tabled to this part of the Bill.

The amendment looks at the way the permit system is operating, how it is working—or perhaps not working—and providing the data necessary for Parliament to carry out its scrutiny function. It is a simple amendment that asks Ministers to set out

“the number of permits requested, granted and refused”,

so that there can be real understanding of why permits are refused, and of the level of refusal, should that situation occur. It would also be useful for the industry to get a detailed understanding of processes that the Government operate over their permit arrangements, hopefully leading to a reduction in the number of permits refused in the future. This is not only an informative amendment, but again, one that deals with gathering simple data. I am sure we are looking at only a small number of permits that will be refused, but I believe that this is a sensible amendment, which will help with the scrutiny function over how well the Bill operates in the future.

[Jesse Norman]

I can be brief and supportive on this. The Government brought forward an amendment in the other place to add clause 9 to the Bill, honouring an undertaking that my noble colleague Baroness Sugg gave

“to consider how best to review the impacts of any permit scheme, should one be required.” —[Official Report, House of Lords, 17 April 2018; Vol. 790, c. 1100.]

We have been clear that we are seeking continued liberalised access to the EU. However, I recognise that there is some concern about the impact of any limited scheme on the haulage industry. If a report is required under clause 9, the Government would naturally plan for this to include the number of permits requested, granted or refused, and I can give the hon. Lady that assurance. Accordingly, I do not believe that the amendment requires the Secretary of State to do anything that he would not expect to do in any case. For that reason, the amendment is unnecessary and I ask the hon. Lady to consider withdrawing it.

[Rachael Maskell]

Will the Minister reflect on how he communicates how the refusal system is working? While I take on board what he has said, clearly there is concern that if there are refusals, greater understanding is needed around that, and whether that is due to the limitation on the number of permits provided—a concern I raised earlier—or to applicants not complying with the permit scheme’s requirements.

[Jesse Norman]

We are talking about circumstances in which a report is required. If so—and that may not be the case—the Government would plan for this to include the number of permits requested, granted or refused. Inevitably, that then becomes a matter for official discussion, scrutiny and further consideration. Of course, it is also a matter that can be raised and debated in Parliament. The hon. Lady should feel some reassurance on that front.

[Rachael Maskell]

In the light of the Minister’s response and of the fact that Parliament will have the opportunity to ask questions and have debates on the matter, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 9 ordered to stand part of the Bill.

Clauses 10, 11 and 12 ordered to stand part of the Bill.

Clause 13

Trailer Registration

[Alan Brown]

I beg to move amendment 13, in clause 13, page 9, line 1, at end insert—

‘(2A) The Secretary of State must lay before Parliament a report containing proposals for a trailer registration scheme. This report must make provision for whether—

(a) the proposed registration scheme would be compulsory or voluntary;

(b) non-commercial trailers will be included in such a registration scheme; and

(c) it would be appropriate for the operation of such a registration scheme to be run by a third-party authorised by the Secretary of State.

(2B) The report must be laid before Parliament within the period of six months beginning with the day on which this section comes into force.”

This amendment would require the Secretary of State to lay a report before Parliament outlining their proposals for a trailer registration scheme within six months of the passing of this Act.

In many ways this is similar to amendment 12. This, again, is about trying to get further clarity from the Government about what the permit scheme might look like. The Government previously acknowledged that they did not want to put too many exemptions on the face of the Bill. There has been a whole discussion of whether the Bill might apply to non-commercial trailers, and this is about trying to tease that out. The Government should clarify the issue, because there is still talk of whether it is a compulsory or voluntary registration scheme.

We are just trying to look for clarification that the Government have to do a report that confirms whether the registration scheme will be compulsory or voluntary, whether non-commercial trailers are included, and also whether it would be appropriate for a registration scheme to be operated by a third party. The third-party issue is included because the National Caravan Council already operates its own voluntary registration scheme, and it is suggested that there is merit in duplicating this scheme. All that will depend on what the Government bring forward in terms of whether the scheme will be voluntary or compulsory, and also how matters evolve in other parts of the legislation that consider safety, and whether there should be further measures looking at road safety measures in terms of registration too. There seems a lack of clarity at the moment in what the endgame will look like. The amendment just tries to tease out whether the Government will provide that clarity and a report. I would like to hear the Minister’s thoughts on that.

[Rachael Maskell]

Labour supports this amendment. Clarity is needed on the eligibility of the compulsory and voluntary schemes, and the amendment would be helpful in making it clear where obligations sit in this regard. Labour wants to extend the application of the legislation to non-commercial trailers, since incidents occur as a result of poor tow bar instalment and failed safety features on domestic trailers. It is therefore important to incorporate domestic-use trailers into the scheme. The significance of a voluntary registration scheme is unclear if there are no other levers on this issue, such as liability if incidents occur. Perhaps the Minister will clarify the use of the voluntary scheme to the Committee.

However, Labour does not believe that a third-party operator should run the scheme and wants to see this kept in-house, especially as it is a critical road safety issue. We believe that this function should be exercised through an arm’s length body. We support the call not to delay producing the report mentioned in clause 13, thus ensuring that it can be used to influence the drafting of regulations to accompany this Bill.

[Jesse Norman]

We turn now to the second half of the Bill and trailer registration. I will respond to the points made and talk about the wider thrust of the legislation. Hon. Members will be aware that the consultation launched on 16 May covered the extent of the proposals in the Bill across both haulage permits and trailer registration. We are consulting with the industry to help us get the details of any permit scheme and the trailer registration scheme right. The consultation on the proposals, as they currently stand, seeks views on a number of issues relating to trailer registration. Our proposals require the registration purely of those trailers undertaking international travel to a foreign country that has ratified the 1968 Vienna convention. This goes to the point about voluntary registration. That would apply to commercial trailers weighing over 750 kg and non-commercial trailers weighing over 3.5 tonnes. Ministers and officials in the Department have been engaged with industry throughout the development of these proposals. In spring this year, we held workshops to discuss them with hauliers and relevant trade associations, among a range of other stakeholders.

In addition to the public consultation, we have published a number of documents to assist and inform discussion of the Bill. Policy papers have been issued on the Bill and on the 1968 Vienna convention, which the trailer registration scheme is being introduced to support. Policy scoping notes are available to Members in the House of Commons Library.

The Government’s outline policy makes clear which types of trailer will be subject to additional obligations if used abroad, upon the coming into force of the 1968 convention. Trailer registration is commonplace throughout continental Europe. As such, if we did not place any obligations on users taking trailers abroad that would be likely to attract targeted enforcement action from foreign enforcement authorities. That point was well made by my right hon. Friend the Member for Scarborough and Whitby on Second Reading. That enforcement action would cause disruption on a significant scale, even to those trailers that are correctly registered, and would have an adverse effect beyond hauliers, causing disruption to UK businesses and the international supply chains within which they operate.

--- Later in debate ---

[Jesse Norman]

I think that language is not helping deliberation on this matter. We require registration for the classes of trailer that I have described, which undertake international travel to a foreign country. It is not voluntary for those trailers that fall within those categories. It is mandatory and therefore meets the hon. Gentleman’s concern. I will go on to discuss it in slightly more detail.

The Government’s outline policy makes clear which types of trailer will be subject to additional obligations if used abroad, upon the coming into force of the 1968 convention. As I have said, trailer registration is commonplace. The measure is designed to mitigate the effects of enforcement action undertaken abroad.

On the basis of engagement with industry and previously reported enforcement to UK authorities, we have drawn a distinction between commercial and non-commercial trailers, which is the basis for the higher weight limit of 3.5 tonnes for non-commercial trailers. Engagement with non-commercial stakeholders has indicated a negligible number of such trailers.

[Rachael Maskell]

Will the Minister explain to the Committee whether, when an incident occurs, it makes any difference if it is a commercial or non-commercial trailer?

[Jesse Norman]

Our experience is that there has been very little enforcement against non-commercial trailers abroad. There has, however, been some enforcement against commercial trailers, for which this would be a defence. That is a reason for recommending the Bill.

[Rachael Maskell]

With respect to the Minister, that did not answer the question I asked. I asked why there would be any differentiation in the weight of the trailer, if it was owned commercially or non-commercially, should an incident occur.

Haulage Permits and Trailer Registration Bill [Lords] (Second sitting)

Rachael Maskell Excerpts

Committee Debate: 2nd sitting: House of Commons
Tuesday 22nd May 2018 Public Bill Committees

[Rachael Maskell (York Central) (Lab/Co-op)]

I will address this point later, but as the police gather data around the causation of accidents, is it not right that they should also record whether or not causation is related to the towing equipment of a vehicle?

[Jesse Norman]

It is certainly true that police gather information on factors that may bear on causation—of course, causation itself is a judgment rather than a fact. The case for recording such data is under active consideration, but we are concerned about the balance between the amount of potential infraction and the good that it would do by creating an additional burden in an already very full assessment process. That is precisely one of the things that would come out of the wider assessment we are doing now, and is therefore of a piece with the direction of travel of the Government. We recognise that this is an important issue: I have asked officials to consider in the safety report what data may inform further investigation, and this may cover exactly the points raised by the hon. Lady.

The vehicle defect contributory factor is a useful starting point, which is already in the report. Relevant case studies may allow us to explore within that category the question of tow bar safety. Tow bars are clearly integral elements when taking a full picture of the trailer safety situation, and it is correct that they are considered in the report, although I hope, for the reasons outlined, that the hon. Member for Bristol South will not press her amendment.

The hon. Member for York Central has tabled amendment (b) to new clause 1 to outline with greater clarity that the report will cover both commercial and non-commercial trailers. To assuage any concerns that hon. Members may have about the scope of the report, it is important to say that the current drafting covers all accidents involving trailers in Great Britain, without distinction between commercial and non-commercial usage. Those terms are not actually defined in the Bill and may be shaped by the consultation, so it would be premature to insert that requirement. There is no trailer weight category excluded from the trailer safety report, so making the amendment would not change any of the requirements on the Secretary of State set out in new clause 1. I hope the hon. Lady will not press her amendment.

Under amendment (d) to new clause 1, the Secretary of State would be required, for each year following the first report, to lay subsequent annual reports on trailer safety, compulsory registration and periodic testing. The first report will provide a valuable opportunity to consider trailer safety in depth and, as I have said, will draw on recent data recorded under existing recording systems. We also wish to consider how else we can bring in additional data or contributions from industry stakeholders, to ensure that we consider the full breadth of issues relevant to trailer safety, but at this stage I do not deem it appropriate to make a commitment to further reports without knowing the outcome of the first report. Either way, the effect of this amendment would be to place a costly requirement on the Government, which is not necessarily warranted unless the first report turns out as feared. None the less, I am happy to consider the need for further reports based on an initial assessment of the overall waterfront, which the first report is designed to do. If the report recommends further registration and testing of trailers, that will take considerable time to implement, and it is important to be aware of that. Equally, if an extension of registration and testing is not recommended, an immediate further report may well offer no additional value.

The parliamentary debate has been valuable and considered. As my noble Friend Baroness Sugg said, we have considered extensively trailer safety and what more Government can and should be doing. That underlined my commitment to undertake a report on trailer safety. The process will allow us to consider how to take this matter forward, but I hope the hon. Member for York Central will be minded to await the initial report before making further commitments as to how this issue is best addressed.

I have gone through this quite thoroughly, and I commend the amendment to the Committee.

[Rachael Maskell]

I am grateful to the Minister for the way he outlined new clause 1 and responded to the many amendments before us on trailer safety. I would like to speak to many of those amendments, and indeed an amendment to an amendment.

First of all, may I welcome the progress made in the other place by my noble Friend Lord Tunnicliffe? His contribution particularly focused on trailer safety, and it is right that we acknowledge that, as well as the contribution made by Baroness Sugg to the progress leading us to new clause 1. It is clear that we will be supportive of the new clause, because we believe it is an improvement on the substantive Bill.

In making such provision for the inclusion of more trailers, should the evidence point to more trailers needing registering to keep the public safe, regulation should be brought forward. It has been welcome to hear that the Minister will be making those considerations once the report has been put together, but in response to his speech, I want to question how he envisages building up a more robust database. He refers to, in the time period allowed, not going to the depths of all the sources that could be available for formulating such a report, so it would be good to know how he plans to proceed. My amendment (aa), which seeks to have further reporting, could be a source of addressing a more in-depth study.

We could not have been more moved by the speech made on Second Reading by my hon. Friend the Member for Bristol South. Of course, we all know of her tireless and tenacious campaigning to improve trailer safety following the tragic death of young Freddie Hussey. Just three years old, his life was taken by a trailer that was out of control—a trailer that was only 2 tonnes in weight, that lost connection and then moved forward to failure, due to the position of the handbrake on the trailer. That demonstrates how important it is that we look at the detail of trailer safety and design fault, as well as operator poor use and malfunction. I trust that in the report, we will be able to look at those fine details, because that will be informative for the Minister in determining the best mechanisms to reduce risk on our roads. Ultimately, this is what I believe new clause 1 is trying to achieve: a real understanding of the risks that are presented and the nature of the faults, and therefore what measures can be taken to improve public safety.

Other safety features could also be included—for instance, tyre safety. We certainly know that incidents—some of them tragic—have occurred as a result of the ageing of tyres, and the Minister may want to consider bringing that under regulation and going further than just trailers. We also need to make sure that the work is comprehensive, so looking at weight limits could be an important consideration. I appreciate that we are looking at commercial and non-commercial trailers; I made the point earlier that the ownership of a trailer should not make a difference to the risk. We need to ensure that that is comprehensive. It may be that the data and the evidence show that 750 kg is not the right weight limitation. We need to keep an open mind and trust the reporting of incidents when considering that.

I will ask what I believe is quite a simple question on the changing jurisdiction. The Bill sets out that reporting will be for the UK, but the new clause talks about England, Wales and Scotland. What has happened to Northern Ireland? Will the Minister consider separate data for Northern Ireland, which I appreciate will probably be under a different jurisdiction? Will he take that into account, or was the new clause a tidying-up measure to remove Northern Ireland from the data sources?

My amendment (aa) is to amendment (a) to new clause 1, which was tabled by my hon. Friend the Member for Bristol South and is incredibly important. It would provide for monitoring incidents and ensuring that we create a culture of the highest standards. While many trailers are privately constructed, it is important that they are built to the highest safety standards and subject to inspection. The Minister’s comment on the scale of this and how we can bring in inspection regimes was interesting. The offer of free tow bar checks from the leadership of the National Trailer and Towing Association, as my hon. Friend the Member for Rotherham set out on Second Reading, is certainly a progressive step that could well address the question that the Minister posed in his opening remarks.

We need to ensure that trailers, whether for heavy duty or occasional use, are up to standard, and therefore a one-off test may not address the issue. Again, my hon. Friend the Member for Rotherham gave evidence of that when talking about the corrosion of trailers. We need to understand more about the lifecycle of trailers to ensure that safety is adhered to. Amendment (a) seeks to ensure that the report considers the construction, condition and safety of all trailers.

My amendment (b) to new clause 1 considers a point that the Minister addressed in his remarks on commercial and non-commercial trailers. As I have said, the risk seems to occur across the board, but we should look at recording the distinction between commercial and non-commercial trailers, because there may be a higher propensity in the non-commercial field, for example, of the attachment of trailers to create a higher risk, because the full operation of locking down that attachment may not be as efficient as when done by people who do it every day as part of their work. We therefore need to look at the distinction across the board to identify where risk sits in the system, and gathering data on that would be invaluable.

My amendment (c) to new clause 1 looks at the reporting of road traffic accidents, which the Minister referred to earlier. I believe that the police gather comprehensive data on accidents, and directly correlating or associating those with a trailer incident will be invaluable in understanding the risks created by trailers. The amendment would be an important inclusion in the Bill. We are not asking for additional work to be done, just for inclusion in the Minister’s report. I hope that he will consider that further.

--- Later in debate ---

[Karin Smyth (Bristol South) (Lab)]

On the point about compliance, which is part of the purpose of my amendment, it is also distressing for the people carrying out those checks, in garages and such places, to tell people that they are not compliant and would fail a test, and, because they have no real ability to make that person do something about it, then see that trailer go onto the road. We need to find some way of supporting the next stage of those checks.

[Rachael Maskell]

I thank my hon. Friend, who has so much expertise in this field: I think we are all in awe of her knowledge. She is right. We debate things in this House because we care about public safety. We want to know the detail because that is important in order to make informed and correct decisions. If there is risk—and clearly there is; we have heard the evidence—we need to respond to it. It is on our watch, and we fail the public if we do not; and, tragically, we could fail the public severely. My hon. Friend makes an excellent point about how we should take this issue forward. It is incumbent on the Minister to look into these matters and give assurances that he will bring forward proposals about how we address the whole issue of the safety of trailers, attachments, tow bars and operators’ use of them. We can then inform the industry that we have heard them and take these issues seriously; that, ultimately, should legislation be required, we will not be afraid to enact it; or, should stronger advice and support from the Department for Transport be needed to educate and support the industry and users of trailers, that we will take that forward as well. I trust that the Minister will consider that and I look forward to hearing his remarks.

[Karin Smyth]

It is a pleasure to serve under your chairmanship this afternoon, Mr Robertson. My purpose in trying to amend the Bill, working with the noble Lords, on Second Reading and here in Cttee, has always been safety, following the representation made by my constituents, Donna and Scott Hussey, about their tragic loss. I am grateful to the Minister and Baroness Sugg for their support through the Bill and for the wider campaign on the family’s behalf.

My main issue with the Minister’s amendment was the loss of “comprehensive”, without specifying any new consideration. That led me to be concerned about the Government making a further report based on the existing data, which would not take us any further forward than we were before the Lords debated it. I therefore tabled the amendment to push the Government to make an assessment of roadworthiness and, as we have just said, of compliance, which would inform that report.

I am assured by the Minister’s comments. He has said that they will look at the existing data and what else needs to be included. Although he reiterated that the data is considered comprehensive, those statements acknowledge the need to look further and wider.

On the STATS19 form, the Department has admitted that it is difficult for a police officer who attends the scene after an accident to identify the factors that contributed to that accident. For those who have not read it—I can send it round—the STATS19 form is hugely complicated and difficult. Hon. Members can imagine filling it in on a quiet road of a dimly lit evening and deciding what it is necessary to report in it. It is the basis of the evidence collated. There are 78 factors to choose from. It is a subjective issue for the police, who I have been working with to inform the system from the bottom up. That is my concern—that we look more widely at doing that. The Minister has heard that loud and clear on a few occasions, and I look forward to working with the civil servants to try to address it.

My work in the last three years has convinced me that the wider issue is weight and its distribution. Driver awareness is really important, and I am grateful to the DVSA for its campaign, which will continue. On driver behaviour, we want to make driving with an unsafe trailer as socially unacceptable as drink-driving or driving with a mobile phone. As my hon. Friend the Member for Rotherham said, tow bars and their attachments are also very important. Those issues apply in the commercial and non-commercial sectors, which is a point that has been made well today, including by my hon. Friend the Member for York Central.

I, too, have met the National Caravan Council, which is concerned about the issue. It has been running a scheme for several years, as have others. We need to learn from best practice across the industry. No one wants to have unsafe trailers on the road, and I look forward to working with all those organisations to continually get the best data, share good practice and inform the report.

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[Jesse Norman]

One great benefit of the Bill is that it has brought into the foreground a set of issues. It is the beginning of a conversation and a process of reflection that the Government need to have, and it will go well beyond the Bill itself. One can imagine what the different elements of that would be. The first might be education and public awareness, the next stage might be specific intervention, and so on all the way up the tree. I would not rule any of that out—it is just a matter of understanding the basis on which we operate.

In a way, it is a cautionary tale. The hon. Member for York Central mentioned tyre safety, which is another serious issue. She will know that Frances Molloy has campaigned in a very admirable way, having had a bereavement that was just as devastating in its own way as that of Donna and Scott Hussey. The view she has taken is that all tyres over 10 years old should be banned. In fact, in answer to her original campaign, the Department set out in guidance that no tyre aged over 10 years old should be fitted to the front steering axle of a bus. The effect has been remarkable and transformative in that we have seen very little infringement. We have tried on two previous occasions to commission what we considered to be an evidentially robust means of investigation. I am pleased to say that, after several years of trying and failing, we now have a process in mind. That is an example of how one can do an awful lot in advance as part of the process of evidence-gathering—that is what we are trying to do in the context of the Bill.

[Rachael Maskell]

I concur with the Minister on the need for good inspection regimes, whether that is applied to tyre safety, tow bars or trailers. Will he therefore look at what the tow bar industry is doing with regard to the free inspections it is offering the public? Perhaps the Government should support that while looking at the wider issue of trailer safety.

[Jesse Norman]

The hon. Lady is absolutely right to raise that. At the trailer summit, I had a chance to talk to the people running the programme, but there is no doubt that we can do more.

The hon. Lady rightly mentioned a range of issues that might have a bearing on this—design fault, operator misuse or the safety of the equipment. All those factors need to be included in the comprehensive consideration I have described. I have said that we expect that to include more data and sources. The vehicle defect category may offer more scope for enlargement if we want to gather more data. She has rightly stressed having an open mind, which is very much what I bring.

We want to involve an expert consideration with stakeholders as part of our reflection. I have found that enormously helpful in other aspects of my portfolio—walking, cycling or road safety—but it is an integral part of the discussion. When we are trying to bring an amorphous body of data under control, it is important to include case studies, which we can do. I hope therefore that what we achieve will be genuinely rich and satisfying, and provide the basis for proper further consideration and, if necessary, action.

Amendment 3 agreed to.

--- Later in debate ---

I hope that that summary of how the amendments replicate the relevant provisions for the testing of trailers has been useful. As with clause 13, I hope Members agree that my amendments will allow us to ensure that our intent can be fully achieved with an approach that is consistent with the rest of the Bill.

[Rachael Maskell]

The Opposition welcome new clause 2 and believe that good progress is being made in addressing vital safety issues. New clause 1 addresses reporting and understanding the evidence, and new clause 2 concerns the application of what happens next, so in some ways it is the most significant part of the Bill. As I have indicated, we want to ensure that significant steps are taken to improve trailer safety and that a solid inspection regime is put in place.

Clearly, we will want to see an initial report on the evidence gathered as a result of new clause 1 to know how best to proceed, and I believe that new clause 2 will enable that to happen. However, we will need to ensure that there is then proportionate follow-up action that provides public safety first and foremost. We want an opportunity for regular inspection, but that action should feed into trailer design to ensure that products on the market are safe and of the highest standard, that trailers are used safely, and that we learn from evidence.

Let me raise one further point. We have talked about British trailers, but obviously people from other countries use our roads. I wonder how an inspection regime will impact them and ensure that the highest standards are achieved across our roads and that safety is upheld at all times.

[Sarah Champion]

I have a series of questions for the Minister, rather than a speech. Could he give clarity on who is responsible for the periodic testing of trailers and the resources? Will he consider including tow bars or tow hitches in new clause 2, subsection (1), which states:

“Regulations may provide for periodic testing of the construction, condition or safety of relevant trailers”?

I have to apologise—I thought consideration of the Bill would last for four more sittings. Otherwise, I would have tabled amendments to that effect. It would be gracious of the Minister to comment on that.

[Jesse Norman]

I am very grateful to colleagues. If a testing regime is to be introduced, the Department will decide what the best way of doing that is. I anticipate that it would be done through an extension of work that has already been commissioned by the Driver and Vehicle Standards Agency and other relevant authorities.

Foreign trailers on our roads will be expected to obey the laws of Great Britain and Northern Ireland in the same way that any other trailer would. They will be subject to the applicable law. I want to be sure that I have caught the question that the hon. Member for York Central raised.

[Rachael Maskell]

I am grateful for the opportunity to respond to the Minister. We are looking not just at the trailers we produce ourselves, but at the use of trailers no matter where they come from. Depending on which jurisdiction they enter our roads from, they could carry risk. If tow bars are not fitted correctly, if the attachment is not locked down, or if the driver is driving carelessly, they pose a risk to the British public. How will the Minister respond to that?

[Jesse Norman]

I am grateful to the hon. Lady for clarifying the point. The answer is, of course, that laws will apply to those trailers just as they would to domestic trailers. However, she rightly raises a wider point. Whether there is a difference in the assessment of trailers brought in from other countries—they may be subject to different regulatory rules—could well be considered in the wider trailer safety report. The report could also consider whether EU standards, or those of other countries, are doing the job we expect them to do. Hopefully that covers all the questions.

[Jesse Norman]

I cannot take that as a formal amendment, but I will certainly give the matter consideration.

Amendment 4 agreed to.

Clause 14, as amended, ordered to stand part of the Bill.

Clauses 15 to 22 ordered to stand part of the Bill.

Schedule agreed to.

Clause 23

Regulations

Amendment made: 5, in clause 23, page 13, line 35, leave out subsection (3) and insert—

“(3) A statutory instrument containing any of the following (with or without other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—

(a) the first regulations under section 1;

(b) the first regulations under section 2;

(c) the first regulations under section 13;

(d) the first regulations under section 18;

(e) the first regulations under section (Trailer safety: testing regulations);

(f) other regulations under section (Trailer safety: testing regulations) which amend an Act.”—(Jesse Norman.)

This amendment requires the first regulations for periodic testing of trailers (see NC2), and any later regulations which amend an Act, to be subject to the affirmative procedure.

Clause 23, as amended, ordered to stand part of the Bill.

Clause 24

Extent

Amendment made: 6, in clause 24, page 14, line 8, leave out “Section 11 extends” and insert—

“Sections 11, (Trailer safety: report) and (Trailer safety: testing regulations) extend”.—(Jesse Norman.)

This amendment provides that the new clauses about trailer safety (see NC1 and NC2) extend to England and Wales and Scotland.

Clause 24, as amended, ordered to stand part of the Bill.

Clause 25

Commencement and transitional provision

[Rachael Maskell]

I beg to move amendment 11, in clause 25, page 14, line 16, at end insert—

“(1) Where as an outcome of the negotiations relating to the United Kingdom’s withdrawal from the European Union, the United Kingdom remains in the European Union’s Community Licence regime, sections 1, 2 and 3 will cease to have effect.”.

This amendment would mean that the powers set out in section 1, 2 or 3 would not be available to the Secretary of State where the UK remains in the European Union’s Community Licence Regime.

We have made excellent progress on the Bill this afternoon. In tabling this amendment, Labour was seeking assurances about what we do should we find that the legislation is not necessary. We believe that inserting a sunset clause would be a helpful way of tidying up that element of business. As we have learned from today’s debate, there are still a huge number of uncertainties about the future management of the Bill in the light of the negotiations taking place about the future, not least in relation to the community licensing scheme, which we trust that the Government will seek to be a part of as we move forward. In the light of our discussions and the greater clarity from the Minister today, we will not press the amendment to a vote. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 25 ordered to stand part of the Bill.

Clause 26

Short title

[The Chair]

We now come to Government amendment 14 to clause 26. The amendment is starred on the amendment paper as it was not tabled with the usual notice to be called today. I have, however, selected it for the convenience of the Committee.

Amendment made: 14, in clause 26, page 14, line 25, leave out subsection (2).—(Jesse Norman.)

This amendment removes the “privilege amendment” inserted by the Lords.

Clause 26, as amended, ordered to stand part of the Bill.

New Clause 1

Trailer safety: report

“(1) The Secretary of State must prepare a report on the number and causes of road traffic accidents occurring in England, Wales or Scotland during the reporting period which—

(a) involved trailers, and

(b) caused injury or death to any person.

(2) The report must contain an assessment of whether— The report must be laid before Parliament within the period of one year beginning with the day on which this section comes into force.

(a) regulations under section13 should provide for the compulsory registration of relevant trailers;

(b) regulations under section (Trailer safety: testing regulations) should be made.

(3) In this section—

“relevant trailers” means trailers which are kept or used on roads and—

(a) if constructed or adapted to carry a load, weigh more than 750 kilograms when laden with the heaviest such load;

(b) otherwise, weigh more than 750 kilograms;

“reporting period” means a period determined by the Secretary of State, which must be a continuous period of at least 12 months ending no earlier than 18 months before the day on which this section comes into force.”.—(Jesse Norman.)

This new clause requires a report on road traffic accidents involving trailers to be laid before Parliament, including a recommendation as to whether compulsory registration or periodic testing of trailers weighing more than 750 kilograms should be introduced. This amendment would amend NC1(a) to ensure that the report contains an assessment of compliance of existing provisions relating to the installation of tow bars.

Brought up, read the First and Second time, and added to the Bill.

New Clause 2

Trailer safety: testing regulations

“(1) Regulations may provide for periodic testing of the construction, condition or safety of relevant trailers.

(2) The regulations may amend provision made by or under Part 2 of the Road Traffic Act 1988.

(3) The regulations may, in making consequential or other provision as mentioned in section 23(1)(a), amend any Act (whenever passed or made).

(4) No regulations under this section may be made before the report is laid before Parliament under section (Trailer safety: report).

(5) In this section, “relevant trailers” has the meaning given by section (Trailer safety: report)(4).”—(Jesse Norman.)

This new clause allows the Secretary of State to introduce a system of periodic testing for trailers weighing more than 750 kilograms.

Brought up, read the First and Second time, and added to the Bill.

Bill, as amended, to be reported.