Jesse Norman
MP for Hereford and South Herefordshire · Conservative · United Kingdom
“In view of the new Prime Minister’s spending priorities, it now seems highly unlikely that the ruinously expensive current plans will be put to the House before the end of this year. Seven months have already passed with no action.”
“10 North have real spending powers of its own? If the answer is yes, then this will be a new kind of cross-departmental Ministry—perhaps a territorial Ministry, like a regional Government but with no defined scope or mandate. We will need to see the legal instruments delegating Treasury authority and functions to it.”
“I rather fear that, given our longevity and at least the level of banter on the Government side of the Dispatch Box, we will be seen over time as the Morecambe and Wise, or perhaps the two Ronnies, of British politics.”
“The past few weeks have brought news of the deaths of Dolly Parton, Tim Curry and Wendell Berry. I am sure that many colleagues will share my sense of shock and sadness at the loss of those extraordinary figures, but also give great thanks for their lives. Truly, we live in a world of change.”
“10 North will not have spending power of its own, then ultimately the Treasury and the Chancellor will continue to sign off on its public spending and on any taxing matters. Decentralisation is really important, but No. 10 North will not be a means of decentralisation in this scenario; it will be just another layer of Government.”
“But we are not going to cast nasturtiums, in the words of a friend of mine, on any of this nonsense—not even on Baroness Lloyd and the hopeless Building Digital UK, who have entirely failed to address the issue of fibre broadband in neglected parts of my constituency and simply repeated the same language of incompetence and failure to me…”
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“I can tell the hon. Gentleman that I am very much persuaded that many of the effects of man have been deleterious to the environment in many different ways, including relating to climate. Of course I share his concerns, but I am surprised that the Labour party is not taking this issue more seriously. How can he make a speech that discusses wide-ranging issues and not merely fails to mention issues of diversity or disability but barely focuses on cycling and walking—a critical set of interventions in which we are investing heavily across the country?”
“Far from having failed to read the hon. Gentleman’s speech, I have scrutinised it with almost rabbinical closeness. It is a rather interesting mixture of the good, the incoherent and the baffling. I quite liked some of the stuff about land value capture— I thought that was sensible—but it misunderstands the nature of carbon budgets, the entire purpose of which is to allow the whole of Government to make decisions about how carbon budgets, which we are presently meeting, will be addressed. It is also incoherent in wishing to nationalise the rail service, while also somehow removing Whitehall from the process. I look forward to further details and updates for the House.”
“I thank my hon. Friend for his question. I am delighted to announce that we are making available from today £21 million in new funding to support the national cycle network. I have agreed with Sustrans that it will work with High Speed 2 and Highways England to integrate routes wherever possible and to use the money we have provided to leverage further investment from other sources.”
“That is such an important question. We are working closely across all parts of the Department for Transport to think about improving road safety. I have huge respect for the work that Chris Boardman is doing in Manchester. I have met him on several occasions, as well as Brian Deegan, his chief designer, and we have specifically discussed that issue. There is a tension between national standards and local innovation. We are keen to ensure that both are met in the right way. I will certainly take this up again, because it is an important issue, and we want to see more innovation, particularly in support of road safety.”
“It is absolutely right to celebrate what is being done in Manchester. It is also important to celebrate what is being done elsewhere in the country. If Sheffield is taking a lead, that is fantastic. Great work is also being done in Birmingham by the Mayor there, who has just appointed his own west midlands cycling champion, which we welcome.”
“The answer to that, I think pretty clearly, is no. The roadway is for all users. Cycling infrastructure is used to try to preserve and protect cyclists. If that had the effect of forcing people into cycle lanes, it might have all kinds of road safety consequences that we would like to avoid.”
“I think the hon. Lady is absolutely right, and I very much salute her support for disabled people. She can have a word with the Secretary of State and, on her side, the shadow Secretary of State on the issue of disabilities. Walking is a very important part of the same issue. We are in the process of working very hard on a pavement parking review—it is coming towards the end of its work—and we are also working on the question of micro-mobility and how we regulate that. Both those issues are going to bear very closely on the question of how we think about enforcement against cyclists and other users of pavements who make life difficult for walkers.”
“I am happy to look at that. I met Oxford City Council, including its cycling champion and the leader of the council, just recently on these issues. Let me make one other point, which is that the advent of e-bikes—the Department is supporting them, and further news about them has been given this week—will also open up further housing opportunities around the country in a way that can only be good both for housing and for future personal health.”
“I do not know the particular circumstances of the route the hon. Gentleman is talking about, but I am sure he will join me in welcoming today’s news of the work on the national cycle network, which is precisely designed to target the kinds of cyclists and walkers he is describing. Mr Speaker, on the issue of e-bikes—there is a somewhat “Not the Nine O’clock News” quality about this—an e-bike, m’Lud, is an electronically or electrically powered velocipede, either a pedal bike or a moped, which are differently regulated by the Department in each case.”
“I am very grateful to my hon. Friend. I have actually walked Long Mynd on several occasions, and I have also paraglided from the top of Long Mynd. I very much encourage him to contemplate that as a perfectly splendid additional mode of transport enabled by walking.”
“I welcome that question. The hon. Gentleman will be aware that I am a keen cyclist to and from work. Sometimes cars are required for security and other reasons, but I barely use a ministerial vehicle, and I encourage all colleagues to enjoy the benefits of cycling and walking.”
“In 2010 the funding levels that we inherited from the previous Government stood at about £2.50 per person, and they are now about £7.55 per person. We would like to get that spending a lot higher if we can, as we fully agree about the merits and benefits of cycling and walking. However, funding is now three times the amount that we inherited from the Government who had governed for 13 years.”
“As my hon. Friend will know, Highways England is spending a lot of time and effort thinking about improving the strategic network around the midlands through its investment strategy; smart motorways and junction improvements on the M5 are part of that. I am sure he will also join me in celebrating the recent announcement of our large local major schemes, including the A4440 at Worcester-Carrington bridge.”
“My hon. Friend will be aware that we are already investing in the A46 link road phase 1 at Stoneleigh junction and in junction improvements around Coventry. We have also funded Midlands Connect to carry out a full corridor study designed to look at potential improvements, and that is an important piece of work. We expect to receive its corridor investment strategy later this year and will be taking it very seriously.”
“I thank my hon. Friend for registering that point in the most public way possible. I am not aware of any particular bias in Midlands Connect; I do not think it has one. We work closely with it on any of the schemes that it brings forward.”
“As my hon. Friend will be entirely aware—he is a tireless campaigner on this issue, on which we have met—Highways England is reviewing plans for the A27 in light of feedback from the public consultation. We will hopefully have a chance to review and discuss it with Highways England and, in due course, with my hon. Friend. I look forward to it, but I cannot tell him exactly when it will be.”
“I recognise my hon. Friend’s expertise and understanding, and I thank him for the question. Of course drivers deserve to know how secure their cars are. The taskforce brings industry, police and the Government together to see what more can be done, which includes reviewing public advice on how owners can secure their vehicles, as well as addressing new and emerging threats. We look closely at what it is doing, and we will continue to do so.”
“This is obviously a very serious matter. I thought my hon. Friend would raise the announcement of the preferred route for the Air Balloon roundabout, but this is even more important. He will be aware that the cycling and walking investment strategy safety review includes consideration of horse riders. As it happens, the Department’s Think! campaign has only just launched a new “learn the ways of the road” campaign, which includes looking out for vulnerable road users, particularly horse riders. The point is well made, and I will talk to DEFRA colleagues about this issue because, as he says, getting horse riders off the road is the best way to keep them safe.”
“I thank the hon. Gentleman for that question. Of course dockless bikes are a source of interesting innovation, and it has been important to see how that innovation is playing out. They can be regulated under a variety of local government powers. As we see further developments, we will continue to look at this. They will also potentially be subject to the discussion in respect of the micro-mobility review we are doing at the moment, through the future mobility strategy.”
“As I said in my opening remarks, we are continuing to work to achieve a positive future relationship with the EU, but these instruments are an essential element of our contingency planning for a no-deal exit. They would ensure that, in the event of a no-deal exit from the EU, the UK’s framework for aviation noise, statistics and safety continues to work effectively, and that the aviation industry and consumers have clarity about the regulatory framework that will be in place. I commend the instruments to the Committee.”
“All certificates, licences and approvals issued by EASA or EU EEA states prior to exit day will remain valid in the UK by virtue of the withdrawal Act if they were valid in the UK immediately before exit day. The draft instrument provides that such certificates should be treated as if they were issued by the CAA. With the exception of certificates relating to aircraft design, the instrument also limits the validity of such certificates to two years after exit day, after which time CAA certificates will be required. The CAA needs to issue the safety certificates to have full oversight over aviation safety in the UK, in accordance with the UK’s obligations under the Chicago convention.”
“The instrument also transfers certain functions currently undertaken by EASA to the CAA—for example, approving organisations that design aircraft, and certifying the design of aircraft and engine types. Under the EU regulations, the Commission has a number of functions, including the power to adopt regulations, to adopt or amend technical requirements and to make certain limited amendment to the principal EU regulations. These legislative functions will be transferred to the Secretary of State to be exercised through regulations subject to the negative resolution procedure. These powers are very limited, and are designed to ensure that the regulatory system can adapt to technical developments and changes to the international standards adopted by the International Civil Aviation Organisation.”
“The implementing regulations each deal with a specific aspect of aviation safety regulation, including the design, construction, maintenance and operation of aircraft; the licensing of flight crew, maintenance engineers and air traffic controllers; the provision of air traffic management and air navigation services; and the design and operation of aerodromes. The draft instrument makes the changes necessary to ensure that those regulations, when retained in UK law on exit day continue to function correctly. The changes include, for instance, making it clear that the retained legislation applies only to the UK and not “the territory to which the treaties apply”, and replacing references to the competent authority with references to the Civil Aviation Authority.”
“Although the latter has been largely superseded by the former, provisions on flight and duty time limitations still apply to the crews of aeroplanes undertaking air taxi, emergency medical services and single-pilot commercial air transport operations. The third of the five regulations is regulation 2111/2005, which establishes the list of air operators banned from operating into the EU on safety grounds; the fourth is regulation 996/2010, which sets requirements for the investigation of air accidents and incidents; and the final one is regulation 376/2014, which establishes requirements for civil aviation occurrence reporting.”
“The version of the instrument we are considering today also takes account, therefore, of the new EU regulation, the resulting changes to regulation 318 in this instrument and the minor addition required to regulation 327. The rest of the instrument remains unchanged. The current instrument corrects five principal EU regulations relating to aviation safety, together with a number of Commission implementing regulations made under them. The five principal EU regulations include regulation 2018/1139, more commonly known as the EASA basic regulation, and regulation 3922/91 on technical harmonisation.”
“As a consequence, a few aspects of regulation 318 in the original draft instrument would no longer accurately correct retained EU legislation, as the EU legislation they acted upon would have changed. In particular, the inaccurate aspects of regulation 318, on the medical assessment of pilots, would have been outside the powers of section 8 of the EU withdrawal Act, under which the draft instrument has been made—in other words, ultra vires. To ensure that the entirety of the draft instrument made proper and correct use of the powers in the EU withdrawal Act, the Government made the decision to withdraw it, correct it and re-lay it at the earliest opportunity.”
“Consequently, the Department decided to match the enforcement power in the Airport Charges Regulations 2011, with a civil penalty of up to £5,000. That part of the regulations is required regardless of final decisions on the UK’s future relationship with the EU. Hon. Members may recall that the draft aviation safety instrument was debated in a Delegated Legislation Committee on 19 December 2018. Since then, a new EU regulation was published on 10 January and entered into force on 30 January. That regulation amends a small number of provisions relating to the medical assessment of pilots that were already being corrected by the draft instrument.”
“As such, it is important that the legislation continues to operate after the UK has left the EU, and the amendments to the retained EU legislation are essential if that is to be achieved. During the preparation of the instrument, a review of the statistical returns regulation highlighted the requirement for an enforcement mechanism, to meet the UK’s responsibility as a member state. That is why the Secondary Legislation Scrutiny Committee recommended that the instrument be upgraded to the affirmative procedure. The instrument therefore provides a mechanism whereby the CAA can enforce the obligation on airports to provide the data specified in the statistical returns regulation. In determining the penalty, enforcement mechanisms in similar legislation were considered, so as not to go beyond prior precedent.”
“The power to collect statistical data and the obligation on respondents to provide that data are to be retained, with responsibility for the functions being given to the CAA. The instrument amends the implementing regulation to remove the specific list of airports covered. The list is, in fact, superfluous, as the existing implementing regulation contains a mechanism that sets the burden of data collection at different levels, depending on the volume of traffic seen by an individual airport. The mechanism will remain in the retained EU regulations, so what is expected of airports will stay the same. The data-collection power provided is an important tool for accessing data, due to the competitive and commercially sensitive nature of the sector.”
“The withdrawal Act will retain EU regulations 437/2003 and 1358/2003 in their entirety on exit day in UK law. The draft instrument that we are considering makes the changes necessary so that those EU regulations continue to function correctly after exit day. It is essential to ensure that the regulatory regime in place after exit continues to allow statistics on the total volumes of passengers and freight using UK airports to be compiled. The gathering of such data and publication of derived figures by the Civil Aviation Authority are activities that are important for Government, the public and the sector itself to be able to monitor performance. Further, the draft instrument amends the statistical returns regulation to remove the duty on the UK to continue to transmit the data to Eurostat.”
“In its existing form it specifies information that must be compiled by the member state: in this case, a function carried out by the Civil Aviation Authority. It also requires that the same information must be provided to the European Commission’s statistical office, Eurostat. It further sets in place standards that must be met during the compilation and submission processes. EU regulation 1358/2003, referred to as the implementing regulation, requires that the process set out in the statistical returns regulation is applied to a set list of airports and updates the list of statistical information that said airports must supply. The list of airports comprises effectively all that see commercial air traffic. The list included 46 airports across the UK at the point of its last update by the EU.”
“A further part of the instrument made under the European Communities Act 1972 creates a mechanism to enforce the obligation on airports to provide data, because there is currently no penalty if an airport does not comply. The SI was initially laid as a proposed negative instrument, but we have accepted the recommendations of the Secondary Legislation Scrutiny Committee to re-lay the SI using the affirmative procedure instead, acknowledging its concerns about the potential impact of the changes on commercial airport operators. I thank the Committees for their work in considering the statutory instrument. EU regulation 437/2003, referred to as the statistical returns regulation, requires operators of airports served by commercial flights to provide their member state with specified statistical data.”
“An instrument was laid on 5 March appointing competent authorities for Scotland. It is a requirement under regulation 598 that the competent authorities are independent of any organisation that could be affected by noise-related action. There is a requirement for right of appeal. It is also a requirement under regulation 598 that stakeholders are consulted before any operating restrictions are imposed. That remains unchanged. The draft aviation statistics instrument amends EU regulations 437/2003 and 1358/2003, and seeks to maintain the status quo with regard to the provision of data by operators of airports served by commercial flights. This is achieved by making technical changes to ensure that retained legislation continues to function, including amending redundant references to the UK being a member state.”
“The Commission’s power to adopt delegated measures providing for technical updates to the regulation to take account of changes in relevant international rules is conferred instead as a power for the Secretary of State to make regulations subject to the negative resolution procedure. The changes to the operating restrictions regulations reflects a very small amendment to the title to regulation 598 made by the instrument and removes the word “Union”. When the instrument was debated in Grand Committee in the House of Lords last week, the issues of consultation and independence of competent authorities were raised. As the aviation Minister, Baroness Sugg, said during that debate, the instrument itself does not appoint the competent authorities. That was done last year for England and Wales following extensive consultation.”
“The amendments to regulation 598 provide for obligations conferred on member states under the regulation to be conferred instead directly on the Secretary of State and, where appropriate, on the Northern Ireland Department for Infrastructure or on Scottish Ministers. It includes an obligation on competent authorities to inform the Commission and other member states that operating restrictions are planned to be imposed. The instrument instead provides for a UK-based relevant authority to be notified in place of the Commission. It also places an obligation on the relevant authority instead of the member state to ensure a right of appeal.”
“Those offences already apply to third-country operators and to operators of UK-registered aircraft operating in the EU, but not to certain smaller civil subsonic jet aeroplanes registered in an EU member state, EEA state, Gibraltar or Switzerland. The amendments to the noise regulations that I have described mean that from exit day the aircraft will be covered by the offences for breaching the noise regulations. The changes to the environmental standards order amend the terminology used in the order so that it is aligned with changes made to aviation safety legislation on EU exit. For example, the instrument removes references to EASA.”
“That will in effect end the automatic recognition of noise certificates granted in the EU and EEA. Rather than the UK automatically recognising noise certificates granted in the EU and EEA, noise certificates from the EU and EEA will be subject to the same rules that currently apply to noise certification of aircraft from non-EU and non-EEA countries. The requirements relating to certification of UK-registered aeroplanes are being amended so that they apply only to use in the UK rather than use in the EU and EEA. The regulations apply to propeller-driven and civil subsonic jet aeroplanes. That includes light aircraft and commercial passenger aircraft. Criminal offences for breach of the noise regulations have existed in domestic legislation since 1999 and carry a penalty of up to £2,500.”
“Finally, the Airports (Noise-related Operating Restrictions) (England and Wales) Regulations 2018, otherwise known as the operating restrictions regulations, appointed competent authorities for England and Wales for the purposes of regulation 598. The withdrawal Act will retain EU regulation 598 in its entirety, on exit day, in UK law. The draft instrument makes the necessary changes to the noise regulations, the environmental standards order and the operating restrictions regulations to ensure that the legislative framework continues to function correctly after exit day. The noise regulations are being amended so that in the UK the same noise certification requirements apply to aeroplanes registered in a European economic area state which apply to other foreign-registered aeroplanes.”
“Secondly, the Air Navigation (Environmental Standards For Non-EASA Aircraft) Order 2008, also known as the environmental standards order, sets out the environmental standards relating to the noise and emissions of specific UK-registered aircraft that are not subject to the basic EU aviation safety regulation—EU regulation 2018/1139—and regulation by the European Union Aviation Safety Agency. Those regulations apply largely to light and microlight aircraft. Thirdly, EU regulation 598/2014, commonly known as regulation 598, establishes the rules and procedures with regard to the introduction of operating restrictions at certain EU airports, based on a balanced approach to noise management, which has been an agreed International Civil Aviation Organisation principle since 2001.”
“The relevant regulations are, first, the Aeroplane Noise Regulations 1999, which were made to implement in UK law EU obligations relating to noise certification requirements in respect of propeller-driven and civil subsonic jet aeroplanes. The noise regulations prohibit certain aircraft from taking off or landing in the UK without having an in-force noise certificate issued by the UK or a competent authority of the state of registry that is recognised by the UK.”
“It is a pleasure to serve under your chairmanship, Mr Gray. The draft instruments that we are considering will be made under the powers conferred by the European Union (Withdrawal) Act 2018 and will be needed if the UK leaves the European Union without a deal. The Government’s priority is still to leave the European Union with a deal, but of course we must make all reasonable plans to prepare for a no-deal scenario, and that includes ensuring that there is a functioning statute book for aviation. The first draft instrument, on aviation noise, makes amendments to domestic legislation and a directly applicable EU regulation that relate to aviation noise certification and the circumstances in which operating restrictions are considered at airports.”
“I hope the Committee supports the statutory instruments. Question put and agreed to. Draft Aviation Statistics (Amendment etc.) (EU Exit) Regulations 2019 Resolved, That the Committee has considered the draft Aviation Statistics (Amendment etc.) (EU Exit) Regulations 2019.—( Jesse Norman. ) Draft Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 Resolved, That the Committee has considered the draft Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019.—( Jesse Norman. )”
“The CAA has not unfortunately been able to hold formal discussions with EASA about EU exit issues, but it is clear, as are we, that it will need to liaise with EASA very closely in the event that this country leaves the EU without a deal. Many of those relationships are already in place. I am grateful to the hon. Member for Inverness, Nairn, Badenoch and Strathspey. I lack his skill for aviation metaphors, such as evacuation, bail out or whatever. He was right to focus on rights. I hope he is reassured that this, as a formal lift-and-shift and modest correction exercise, does nothing to impugn the rights of people as they currently exist under this legislation. Indeed, it seeks to ensure that they are protected by ensuring that the UK statue book continues to work in a functional way for aviation.”
“There are something like three more people to be retained or hired, and this sum relates to those people. There are currently 47 full-time equivalent staff in place out of 50, with three expected, so I think the CAA is well on top of the issue. The hon. Gentleman asked whether we will have to remain part of EASA. He will understand that we wish to continue UK participation in EASA for all kinds of reasons. It is a highly respected organisation. The CAA has always had a very close relationship with it. As we discussed, the CAA was one of the progenitors of EASA. It is in the interest of both the UK and the EU not to disrupt existing safety arrangements.”
“I thank the hon. Members for Kingston upon Hull East and for Inverness, Nairn, Badenoch and Strathspey for their questions, which I will address in turn. The first question raised by the hon. Member for Kingston upon Hull East was about the number of further SIs to be debated. I am delighted to tell him that I do not expect us to have to debate any further SIs on aviation. Therefore, on the question of grouping— [ Interruption. ] I am sure colleagues will feel extreme joy. Certainly, there is a little frisson in the ministerial team. That is good news. The hon. Gentleman raised the question of the cost impact on the CAA. I think he will agree that the number he raised—£192,000—is remarkably small. I reassure him that the CAA is well advanced in managing the overall burden of its scale-up for Brexit.”
“The draft regulations will ensure three things after exit day. First, they will allow the UK to continue to license its road haulage and passenger transport operators to high standards. Secondly, they will provide UK hauliers with appropriate documentation to facilitate their operations in EU member states. Thirdly, they will allow EU member state haulage operators to continue to operate in this country, supporting our industry with imports and exports. I commend the draft regulations to the Committee.”
“The draft regulations also make a number of consequential amendments to domestic legislation, mainly to ensure that references to the two EU regulations point to either the EU version or the retained version, as appropriate. We are also amending the Goods Vehicles (Licensing of Operators) Act 1995 to remove a provision that exempts holders of Community licences from the requirement to possess a UK-issued operator’s licence, and reinserting the exemption made in the Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) Regulations 1996 under the 1995 Act. We are making those amendments now so that when we come to agree future haulage arrangements with the EU, we can act without having to wait for a primary legislation slot to embody those arrangements in domestic law.”
“However, an important modification is that the Government may suspend cabotage if, say, it disrupts the domestic market. In the EU version of the regulation, member states have to apply to the European Commission to suspend cabotage. My right hon. Friend the Secretary of State for Transport has indicated that he would be prepared to suspend cabotage if reciprocal arrangements were not accorded to UK hauliers. The EU has unilaterally proposed permitting UK hauliers, after the UK’s exit from the EU, to engage in cabotage operations in a limited capacity under its draft legislation. Under this statutory instrument, it would be feasible for the UK to apply similar limitations to EU hauliers operating in the UK.”
“As with licences, the regulations ensure that the UK is able to reciprocate as regards any access granted under a future road agreement. The regulations before the Committee apply to the United Kingdom. Road operator licensing is a devolved matter in Northern Ireland. The statutory instrument recognises that the traffic commissioners do not operate there, and makes consequential amendments to Northern Irish legislation as well as that for Great Britain. The common access rules set out by EU regulation 1072/2009 include provisions for hauliers from one member state, after having made an international delivery in another member state, to undertake a limited number of domestic haulage deliveries in that state as part of their return trip. That provision, known as cabotage, is retained in the UK version of the regulation.”
“However, the regulations before the Committee provide for UK hauliers to hold a UK licence for the Community—a new document that will look very similar to the Community licence that hauliers currently hold when operating internationally, and which will be issued according to the same criteria. The European Commission has published draft legislation that would apply to UK hauliers operating in the EU for the first nine months after exit if we should leave without a deal. The Commission’s proposal is based on the UK reciprocating. Although not specifically designed with those proposals in mind, the regulations before the Committee will enable reciprocal conditions for EU hauliers operating in the UK after exit day. The regulations will also aid the negotiation of the future EU-UK roads relationship.”