Draft Heavy Commercial Vehicles in Kent (No. 1) (Amendment) Order 2021 Heavy Commercial Vehicles in Kent (No. 2) (Amendment) Order 2021

Trudy Harrison Excerpts

Wednesday 20th October 2021 General Committees

[The Chair]

Before we begin, I encourage Members to wear masks when they are not speaking. This is in line with current Government guidance and that of the House of Commons Commission. Please also give each other and members of staff space when seated and when entering and leaving the room. Members should send their speaking notes by email to hansardnotes@ parliament.uk—we never used to say that a few years ago. Similarly, officials in the Public Gallery should communicate electronically with Ministers.

[The Parliamentary Under-Secretary of State for Transport (Trudy Harrison)]

I beg to move,

That the Committee has considered the draft Heavy Commercial Vehicles in Kent (No. 1) (Amendment) Order 2021.

[The Chair]

With this it will be convenient to consider the Heavy Commercial Vehicles in Kent (No. 2) (Amendment) Order 2021 (SI 2021, No. 988).

[Trudy Harrison]

It is a pleasure, to serve under your chairmanship, Sir Gary, in my first statutory instrument Committee as a Minister.

These amendment orders relate to the Heavy Commercial Vehicles in Kent (No. 1) Order 2019 and the Heavy Commercial Vehicles in Kent (No. 2) Order 2019. Although the Heavy Commercial Vehicles in Kent (No. 3) (Amendment) (No. 2) Order 2021 is subject to the negative procedure, the Committee should be aware of that third order when considering the two amending orders before us today. Together, they support the effective management of Operation Brock and strengthen the enforcement regime that underpins it.

Operation Brock is a co-ordinated multi-agency response to cross-channel travel disruption and is owned by the Kent Resilience Forum. It replaces Operation Stack and has been specifically designed to keep the M20 motorway in Kent open in both directions, with access to junctions even during periods of severe and protracted disruption. The amending orders remove provisions from the 2019 orders relating to the transition period and covid-19, putting Operation Brock on a long-term footing. They also remove the sunset clauses due to expire on 31 October. I am grateful that time has been found to hold these debates ahead of the expiry date.

The legislation was first put in place in 2019 in preparation for a potential no-deal departure from the European Union. It was updated in 2020 before the end of the EU transition period, and again in 2021 in response to the coronavirus pandemic. The No. 1 2019 order provides powers to traffic officers to support Operation Brock and sets the amount of the financial penalty deposit for breaching restrictions created by the three orders. The amount of the deposit for breaching the restrictions introduced by the instruments is set at £300. The No. 1 amendment order we are considering removes the sunset clause and references to redundant offences from the Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order 2009, to reflect amendments made by the other amending orders. The No.2 2019 order restricts cross-channel heavy commercial vehicles from using local roads in Kent other than those on the approved Operation Brock route when Operation Brock is active. The amending order updates which roads are restricted and removes the sunset clause.

To complete the picture, the Heavy Commercial Vehicles in Kent (No. 3) (Amendment) (No. 2) Order 2021, which is subject to the negative procedure, will remove the existing sunset clause provisions from the No. 3 2019 order. The amending order updates the sections of the Kent motorway network. The No. 3 2019 order restricts cross-channel heavy goods vehicle access to when Operation Brock is active, including the contraflow on the M20 and use of the M2, thereby reflecting updated operational requirements. Provisions relating to local haulier permits are retained. The third amending order removes provisions relating to M26 queuing permits, the Kent access permit, cross-channel permits, the prioritisation and expedited return schemes and covid-19 provisions. It also removes references to redundant offences from the Fixed Penalty Order 2000 and the Road Safety (Financial Penalty Deposit) Order 2009 to reflect changes made by the amending orders.

The draft orders are vital to enable sensible traffic management in Kent. Operation Brock has proved to be an efficient and effective traffic management measure in mitigating traffic disruption at the short straits and must continue to be available should significant disruption occur in future.

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[Trudy Harrison]

I thank the hon. Members for their consideration of these instruments and in particular I thank the shadow Minister, my right hon. Friend the Member for Ashford and my hon. Friend the Member for Chatham and Aylesford for their comments. Tackling the haulier shortage does not actually pertain to this Committee debate, but I hope you will allow me to respond to the shadow Minister’s question, Sir Gary. We recently announced a significant package of measures, including plans to streamline the process for new drivers to gain their HGV licence and increase capacity for HGV driving tests. As driver shortages across Europe demonstrate, this is a widespread problem caused by a range of factors, including an ageing workforce.

Earlier this month, the Government announced a package of new measures to tackle HGV driver shortages. One thing that would really put drivers off would be dealing with unmanaged congestion, and if we fail to agree these instruments today that could be an added challenge for drivers of heavy goods vehicles, and indeed all drivers.

[Mr Goodwill]

Does the Minister also agree that extending the cabotage rules from two journeys to two weeks will result in fewer foreign trucks traversing Kent, because they will be able to ply their trade in the rest of the UK for longer?

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[The Chair]

Let us stay on the instruments if we can.

[Trudy Harrison]

My right hon. Friend has a great deal of experience in the Department for Transport and I thank him for his comments, but I shall stick to the aspect the draft orders deal with.

I pay tribute to my right hon. Friend the Member for Ashford for his collegiate and collaborative work alongside his Kent Resilience Forum. I echo the words of my hon. Friend the Member for Chatham and Aylesford in thanking the Kent Resilience Forum because it has been difficult over a period of many years, but by working together we will stand the best chance of solving these challenges.

On the methodology for instigating Operation Brock, the Kent Resilience Forum partners constantly review the threat and risk associated with possible disruption at the ports and any impact this may have on road networks and local communities. Consideration is given to the daily flow rates and reasons and the likely duration of disruption. Implementing Operation Brock is always the last resort measure. It is costly to put up, run and take down, so the decision is not taken lightly. Consideration is given at the tactical and strategic levels of the Kent Resilience Forum, and there is a suite of plans that can be used, with Operation Brock being one option.

The shadow Minister also said that she would like to see improved facilities at lorry parks. I assure her that Sevington in the Ashford constituency, which will provide about 1,100 lorry parks as well as excellent facilities, is one of our significant plans going forward. On the amount of times that Brock has been activated to date, while I think I am straying from this particular debate, I want to reassure my right hon. Friend the Member for Ashford and my hon. Friend the Member for Chatham and Aylesford that the decision is not taken lightly and it is one of many measures that is undertaken to minimise disruption. These instruments are essential to ensuring we have an effective means of continuing to have appropriate traffic management systems in place to avoid lengthy queues at the border. I hope the Committee has found this debate and my responses informative and will join me in supporting these orders.

Question put and agreed to.

HEAVY COMMERCIAL VEHICLES IN KENT (NO. 2) (AMENDMENT) ORDER 2021

Resolved,

That the Committee has considered the Heavy Commercial Vehicles in Kent (No. 2) (Amendment) Order 2021. (SI 2021, No. 988).—(Trudy Harrison.)