Automated and Electric Vehicles Bill Clause 12: Duty to consider
making regulations under section 11 on request by elected mayor
Amendment 1 Moved by Baroness Sugg 1: Clause 12, page 7, line
22, leave out from “making” to “relevant” in line 23 and...Request free trial
1: Clause 12, page 7, line 22, leave out
from “making” to “relevant” in line 23 and insert “section
11(1)(a) regulations in relation to the whole or part of a”
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My Lords, this group of amendments follows the
debate on Report considering the role of metro
mayors in enabling the installation of charging
infrastructure. In line with commitments I made on
Report, I have tabled government amendments to
provide clarity around this clause. I have removed
reference to the “key route network” so that metro
mayors can take a strategic view of large fuel
retailers across their areas. As I mentioned on
Report, this is limited to “large fuel retailers”
and not “service area operators”, as these areas,
which are situated primarily on motorways, are best
dealt with on a national level.
I have made it clear that regulations can be
proposed only once “large fuel retailers” has been
defined. In any instance where the Secretary of
State of State chooses not to introduce
regulations, he will be required to inform the
applicant mayor of the reasoning and there will be
a requirement to ensure that relevant local
authorities are consulted. I beg to move.
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I thank the Minister for that explanation. For the
information of those listening, the noble Baroness,
Lady Worthington, and I attempted to lay an
amendment to clarify the issue of service areas, or
car parks as they might be called. However,
according to the rules of the House that was not
possible at Third Reading, so there is no amendment
from us. But there is still a question in my mind:
how do the Government envisage the strategy and
policy, going forward? As I mentioned the last time
we discussed this, if you go to a service area on a
motorway you get your electric charging near the
café—very often hundreds of feet from the fuel
station—but that does not appear to be what is
in the Government’s mind in relation to other
service areas. I would like to know what the
Government’s strategy is on this. I am sorry to be
raising such a detail at Third Reading but we
really only talked about this on Report. I still do
not have a real understanding of why the Government
are not considering having regulations in relation
to the car parks associated with service areas,
rather than just the fuel stations.
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My Lords, I too thank the Minister for her
introduction of these amendments. They are very
helpful; they clarify the position and make the
Bill much more useful. In Committee we debated the
fact that this is a very narrow power being taken
in relation to the infrastructure necessary to
facilitate a greater uptake of electric and
zero-emission vehicles. It is important that we
look carefully at what more can be done to
encourage everybody, at all levels of
government—whether national, metro mayor or indeed
at borough level—to take stock and introduce an
effective network of chargers, which can help
people to be confident that they will be able to
use electric vehicles in a way that matches their
current vehicle use.
I echo the comments of the noble Baroness, Lady
Randerson, in asking: can we hear a little more
from the Government, specifically about car parks
but about destination charging in general? I feel
that it is a little too laissez-faire to think that
this will all happen through market forces. There
are going to be times when we will need to take a
strategic look at this in a specific geographical
region. We need to have sufficient powers to enable
us to make this infrastructure happen; we will
otherwise not see the uptake that we need to hit
our air-quality and climate-change targets.
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My Lords, at the risk of causing a bit of trouble
at this stage of the Bill, I cannot see why it
matters particularly where the charging points are
in a motorway service station. If you are going to
park your car and go off to have a drink, you might
as well plug it in while having it. If you do not
want to do that but have a high-powered, high-speed
charger you can probably do that as if you are
filling up with petrol. The general principle in
the Bill is all right but I suspect that the
commercial pressures on the operators will persuade
them to put the charging points where they are most
convenient.
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I thank the Minister for bringing forward these
amendments, which seem to have produced a consensus
on all the issues which were brought up on Report.
I must agree with other speakers that the Bill is
narrow and, to be fair, it is generally our role to
scrutinise Bills. While we have done that, there
has to be much wider consideration given by
government to this whole area. That consideration
has to work with other parts of government and
local government, so that we do not trip into the
area of sovereignty conflict. Fortunately, that
seems to have been effectively solved by the
amendments and the consultation. It is an important
area to get straight if we are to achieve the
spread of charging points that will be necessary,
particularly to achieve our air-quality targets.
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My Lords, I thank noble Lords for their
contributions on this last group in the Bill. On
the location of charging points within service
areas, I take the point made by the noble Baroness,
Lady Randerson, and the location of the charge
points will be consulted on for the regulations.
On car parks and destination charging in general, I
entirely agree that destinations such as car parks
should install charging infrastructure to support
the overall transition to electric vehicles. While
in relation to the provision of public charge
points the Bill focused on enabling long-term
strategic journeys, following the debate on Report
my noble friends and I are well aware of noble
Lords’ strength of feeling about the provision of
charge points in private car parks, and we have
followed this up with the department. I thank the
noble Baroness, Lady Worthington, for her
persistence on this matter, and I am today able to
commit to taking forward more action in this area.
We will engage further with the private car parking
industry to encourage best practice and will
consider whether voluntary commitments can be made
by the main private car park operators. We will
also work with the Institution of Civil Engineers
with a view to ensuring that industry guidance on
the design and maintenance of car parks includes
information and advice on charging provision. We
will consider addressing requirements for charging
infrastructure for car parks through the Private
Member’s Bill on a parking code of practice, which
has cross-party support.
I take this opportunity to update noble Lords on an
issue which has come up at various stages of the
Bill: the provision of electric charge points in
our car park. I spoke to the parliamentary estate
office this morning, and I am pleased to say that
despite there being many other pressures on its
time, we are making good progress on this. The
feasibility study has produced some positive
results and we are expecting the installation of
some charge points in Royal Court soon.
This Bill provides a stepping stone in the
development and deployment of automated vehicles on
UK roads, and for zero-emissions vehicles, both
electric battery and hydrogen refuelling, it will
address access, standards and connection for public
charging or refuelling points. It will address some
of the issues of range anxiety, ensure adequate
information for users and ensure that future charge
points are smart. I acknowledge noble Lords’
feelings on the narrowness of the Bill, and I
entirely agree that the Government must look at the
bigger picture. The Bill is just one part of the
work the Government are doing to ensure that we
have a successful transition to zero-emissions
vehicles. The upcoming strategy on electric
vehicles will set out in more detail a suite of
other measures which will enable us to reach a
zero-emissions future.
I also take this opportunity to thank the Bill
team, who have worked on this Bill for many months,
and my noble friends and , the noble
Lord, Lord Tunnicliffe, the noble and gallant Lord,
Lord Craig, the noble Baronesses, Lady Randerson
and Lady Worthington, and all other noble Lords who
have helped to ensure rigorous scrutiny throughout
the passage of the Bill. The constructive
engagement, conversations and debates have led to
significant improvements.
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Before the Minister sits down—because it seems to
me that I have to use that ridiculous device—I
reciprocate the thanks to the noble Baroness, her
co-pilot the noble Lord, Lord Young, and the team.
They have set a very high standard of involvement
with the Opposition and the political parties and,
I believe, with individuals. It is a standard which
I hope the Government will copy in all areas. We
have made great improvements to the Bill, and I do
not think there has been a Division on anything. We
are there, and I thank the Minister for that. I
also thank my massive team of one-fifth of a
person, Molly Critchley, for all her support.
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My Lords, before the Minister sits down, we have
concentrated very much on charging points, but the
Bill was amended on Report to cover hydrogen
refuelling points. They may not need exactly the
same thing, so I would like an assurance that the
way they are treated will take account purely of
what they are for rather than making the broad
assumption that they are charging points and
therefore electric only.
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I am happy to confirm that. Many amendments changed
the Bill to ensure that we were dealing with
hydrogen refuelling points as well. That was always
the intent of the Bill but I agree that that was
not clear enough, which is why we moved government
amendments following interventions by the noble
Baroness, Lady Randerson, and others on that issue.
The technology around hydrogen is not yet as
advanced as it is around electric battery but we
will be addressing our hydrogen strategy in the
upcoming Road to Zero document.
Amendment 1 agreed.
Amendments 2 to 11
Moved by
2: Clause 12, page 7, line 26, leave out
“and 2” and insert “to 3”
3: Clause 12, page 7, line 28, at end
insert—
“( ) “Section 11(1)(a) regulations” means regulations under
section 11(1) that impose requirements on large fuel
retailers within section 11(1)(a).”
4: Clause 12, page 7, line 31, leave out
from “for” to “, and” in line 32 and insert “section
11(1)(a) regulations to be made in relation to the whole or
part of the relevant area”
5: Clause 12, page 7, line 33, at end
insert—
“( ) each local authority any part of whose area falls
within the relevant area or, if the request relates to part
of the relevant area, within that part,”
6: Clause 12, page 7, line 39, at end
insert—
“( ) Condition 3 is that regulations have been made under
section 11(3) in relation to the meaning of “large fuel
retailer”.”
7: Clause 12, page 7, line 40, leave out
subsection (4)
8: Clause 12, page 7, line 41, at end
insert—
“( ) If the Secretary of State decides not to make section
11(1)(a) regulations in response to the mayor’s request,
the Secretary of State must notify the mayor of the
decision and the reasons for it.”
9: Clause 12, page 8, line 1, leave out
paragraph (b)
10: Clause 12, page 8, line 16, at end
insert—
““local authority” means—(a) a district council,(b) a
county council, or(c) a London borough council.”
11: Clause 12, page 8, line 16, at end
insert—
““large fuel retailer” has the same meaning as in section
11.”
Amendments 2 to 11 agreed.
Clause 18: Regulations
Amendment 12
Moved by
12: Clause 18, page 11, line 16, at end
insert—
“(8) If a draft of a statutory instrument containing
relevant section 11(1) regulations would, apart from this
subsection, be treated for the purposes of the standing
orders of either House of Parliament as a hybrid
instrument, it is to proceed in that House as if it were
not such an instrument.(9) In subsection (8) “relevant
section 11(1) regulations” means regulations under section
11(1) that are made pursuant to section 12 (duty to
consider making regulations on request by elected mayor).”
Amendment 12 agreed.
Bill passed and returned to the Commons with amendments.
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