I, too, thank the Minister for her explanation of the purpose and content of these regulations, and for her kind words, as well as those of my noble friend Lord Berkeley, in the previous debate.
We are not opposed to the SI, since the regulations are based on existing requirements made under the trade and co-operation agreement. My noble friend Lord Berkeley has spoken to his amendment to the Motion, which is in line with views expressed by the Secondary Legislation Scrutiny Committee to the effect that:
“The industry has expressed concerns about the cost and availability of the ‘smart tachograph 2’ which is currently in short supply”.
If the Government are opposing my noble friend’s Motion, I assume that in response they will provide evidence of the availability and cost of the new tachograph equipment, what steps they are taking to ensure the required availability of the new tachographs and why they believe that the concerns expressed by my noble friend and the industry will not materialise.
The Explanatory Memorandum reminds us that
“There were availability and timing issues with the implementation of the smart tachograph 1 in June 2019”,
so this is not a new or unexpected issue. The Government’s Explanatory Memorandum states that they came up with a pragmatic solution then, and that:
“If there are difficulties on this occasion, the Department would again work with the Driver and Vehicle Standards Agency and industry to come up with similar pragmatic solutions.”
Would not the best solution, having had prior warning at least three years ago, be to make sure in the intervening period that there would be no similar availability issues? Who makes the new smart tachograph 2, and where? Is it the same organisation that made the smart tachograph 1?
The Explanatory Memorandum also says:
“If there is a supply issue it would be apparent at European level not just in the UK and action at the EU level might be taken.”
That is interesting. The Government went for a hard Brexit to be able to make their own decisions, unencumbered by having to have regard to what the EU thought, wanted or was doing.
The regulations implement parts of the EU-UK Trade and Cooperation Agreement in relation to international road transport provisions in the TCA, including international haulage access to the UK, drivers’ hours rules and the requirement for specific new tachograph equipment—the smart tachograph 2
—in goods vehicles and coaches on international journeys. Some smaller vehicles over 2.5 tonnes, and used on international journeys, are brought into the scope of the drivers’ hours and tachograph rules from July 2026.
On the issue of cost, the Explanatory Memorandum states that
“industry sources have raised concerns about the cost of installing a tachograph for the first time into smaller vehicles by 2026 and the lack of knowledge by some smaller operators of this new requirement.”
The Government’s Explanatory Memorandum is, frankly, a bit dismissive of the concerns about availability and cost, stating that they would not affect the content of this instrument that we are discussing, and that the concerns will be discussed with industry. If that is the case, I hope that it will not be in the same way as the Government clearly have not already.
The new tachograph equipment records a vehicle’s position, including when it crosses borders and when it is loading or unloading. It also allows for the down-loading of data without stopping a vehicle. What will be the cost of this new tachograph equipment? To pursue other points made by my noble friend Lord Berkeley, have the Government assessed what impact these new costs will have on the industry? The impact assessment states:
“There is no, or no significant, impact on business”.
On the basis of what figures and other evidence did the Government reach this conclusion?
One final point that I would like to make relates to what was said when this instrument was debated in the Commons Committee a week ago. We raised the issue of driver welfare. In response, the Minister in the Commons said that it was right to focus on the issue. Continuing, he said that
“the Government have now topped up to £52 million the investment that we have been making in the industry to support better facilities for drivers”.—[Official Report, Commons, Third Delegated Legislation Committee, 1/11/22; col. 6.]
That tends to be the Government’s stock response across the board to any query about inadequate facilities or services—that is, we have spent, or are spending, X millions of pounds. Could I therefore please have a breakdown in writing of exactly what improvements, in what facilities and where, that £52 million is meant to deliver; the extent to which it will or will not actually deliver those intended improvements; and the total amount of money that would need to be invested by the Government to bring the level of all facilities for drivers up to the standard which, presumably, it is intended the £52 million will deliver in the locations in which it is being spent, and for the purposes for which it is being spent?