WEDNESDAY 29 MARCH 2000 _________ Members present: Mrs Gwyneth Dunwoody, in the Chair Mr Andrew F Bennett Mr Brian H Donohoe Mr Clifford Forsythe Mr James Gray Dr Stephen Ladyman Miss Anne McIntosh _________ EXAMINATION OF WITNESSES LORD WHITTY, Parliamentary Under-Secretary of State, MS ANGELA MOSS, Head of Road Haulage Division, and MR IAIN TODD, Head of Transport, Environment and Taxation Division, Department of the Environment, Transport and the Regions, examined. Chairman 610. Good afternoon to you, my Lord. I apologise for keeping you. We are Members of the Lower House; we have no discipline, you understand. Do you want to make some opening remarks? (Lord Whitty) Very briefly, madam Chairman. First of all can I introduce Iain Todd who is the Head of our Transport, Environment and Taxation Division, and Angela Moss, who is the Head of Road Haulage Division, who will be helping me out on the more difficult questions, I trust. 611. I am very glad to hear that. Do you have anything that you wish to say first? (Lord Whitty) Just atmospherically, madam Chairman. 612. You are very good at that. Do carry on. (Lord Whitty) It is probably the case that there is an impression that the relationship between the road haulage industry and the government has been through some choppy times. Although the industry did welcome our Transport White Paper and the Sustainable Distribution document there have been some fairly public disputes, particularly over issues of taxation. That is really why we felt a year or so ago that we needed a closer relationship with the industry and we set up the Road Haulage Forum to try and sort out some of the differences between us, both in terms of information and facts and in terms of policy. We have not entirely reached an accord but on the other hand we have clarified a lot of those issues and the relationship is much better now. I think you will have observed that following the Budget, for example, there was a fair degree of appreciation from at least sections of the industry for the change in relationship and I think it is important. Of course we cannot give the industry everything they want. We have environmental concerns, we have transport mode concerns, and we will continue hopefully now in the Road Haulage Forum to debate those constructively whereas previously we have been engaged in a certain degree of megaphone diplomacy up until about a year ago. I hope that relationship will have improved and I hope that reflects through the witnesses that you receive. 613. Thank you. That is helpful. For what reasons is the British road haulage industry a world leader? (Lord Whitty) In the sense that the top end of the industry in particular has developed logistical systems which are certainly in advance of most of Europe and probably most of America. That has meant that they have to some extent dragged the rest of the industry with them in terms of the way they have developed their own systems. Part of the pressure on that I would say was that there are costs and regulation pressures on them to improve their performance and that has had a significant effect certainly on the own account industry and very substantially at the top end of the hire and reward industry as well. That is not to say that there are not some pretty inefficient firms at the bottom end of the industry as well as some very efficient ones. It is an industry of different parts, as you will know, madam Chairman. 614. So whilst the government is undoubtedly committed to maintaining the United Kingdom's position at the competitive edge, is it also committed to making sure that that is in the person of and in the firms of British hauliers? (Lord Whitty) The interests of UK PLC, if I can use that rather trite term, are that it must be important for the rest of the British economy that their goods are distributed and delivered in the most efficient way. That involves some degree of testing the British industry against competition as with the rest of industry. 615. So you are not concerned if a proportion of our goods, either internally or externally, are carried by foreign hauliers? (Lord Whitty) I am concerned that we make profits out of road haulage which are in this country, that there is employment in this country, and by and large it is the British industry which can best meet the requirements of the consignors within this country. 616. Is that why the government has decided to suspend the fuel duty escalator? (Lord Whitty) The fuel duty escalator as you know was devised by both the last administration and us to contribute towards the meeting of our climate change targets, both through improved fuel efficiency and through greater efficiency of the use of vehicles on our roads. The increase in the escalator which the Chancellor announced at the beginning of this government has increased the price very substantially. However, that was against the background of generally a reduction in the crude oil price. Last year we felt that there was too much pressure on the industry by continued automatic escalation at the previous level and the Chancellor therefore announced that it would not be automatic thereafter and he would judge it Budget by Budget. This last Budget of course we have seen a very substantial increase in crude oil prices. If we had gone with the escalator that would have added about 3p to pump prices, whereas actually the crude oil price increase has already added 7p, and hence the Chancellor decided that there should be no increase above inflation this time round. Mr Bennett 617. How much has that affected CO2 emissions? (Lord Whitty) Of course it is a long term effect on CO2 emissions. What it has done clearly in the haulage industry - this is leaving aside cars of course to which it also applies - is that both indirectly through improved technology and directly in terms of efficient distribution there has been a 10 per cent improvement of fuel efficiency and some improvement in efficient distribution. The target of course is for the year 2010 and we reckon that running the escalator from 1993 to 1999 has got us at least one million tonnes of carbon less and possibly up to 2.5 million tonnes of carbon less. Chairman 618. And you are now going to dissipate the advance? Is that it? (Lord Whitty) No, that advance is in the pocket, and the pressure on the industry, the fuel industry and the motor industry and the haulage industry, is to improve their technology so that there will be further pressures continuing through that period. We are expecting some continuing pressure on fuel efficiency and the haulage industry to contribute further so that we reach the top end of that range. Mr Forsythe 619. Before the fuel duty escalator came in was any research done as to what effect it would have on industry such as the road haulage industry? (Lord Whitty) Since it was brought in in 1993 that is probably not a question I can easily answer. If you are looking for pre-1993 research I think I had better turn to my colleague, Mr Todd, who may be able to answer that question. 620. Perhaps I could add to it before he answers. What research has been done since that came in? (Mr Todd) The Department has produced estimates of the impact of the escalator in terms of how much carbon it will save the country. The range of estimates has produced, as the Minister has said, between one and two and a half million tonnes of carbon. It is in fact a very difficult subject to look at evidence of behavioural change on, to prove that saving, because of course a number of separate policies are happening simultaneously. In terms of the hard evidence you are asking about, I am afraid I will just have to go back to the estimates that were made which are based on elasticities of people's behaviour when various price changes happen. That is the basis of those estimates. 621. During the estimates being carried out did you take them in the United Kingdom as a whole or did you take them in the various parts of the United Kingdom? It mentions that the south of England would have a greater effect upon it, being close to the Channel and so forth, and in Northern Ireland it would have a greater effect because of the land frontier. Was any account taken of that? (Mr Todd) The estimates I refer to were done on a national basis and as far as I know there was not a regional approach taken. What I can say is that in the work in the last 12 months in the Competitiveness Working Group we have looked more closely at the different effects on different parts of the country. That is a feature. As you say, the south east is more exposed to competition from mainland Europe haulage and, as you say, there are particular issues that arise in Scotland and Northern Ireland, so we have done some work in that area. Chairman 622. So what conclusions did you reach in relation to, for example, Northern Ireland? (Mr Todd) We have not reached any particular conclusions at this time. The work is continuing. We have been concentrating on informing the Budget that occurred last week. 623. You must have come to some conclusion in order to help the Chancellor. (Lord Whitty) Part of the conclusion is clear, that in a sense, irrespective of whether it was being effective in terms of reducing fuel consumption and therefore contributing to the carbon targets, there was a serious competitiveness problem in relation to Northern Ireland in particular and something of a competitiveness problem, although somewhat less than generally alleged, for the United Kingdom as a whole. As regards competition with the Republic of Ireland, clearly the totality of taxation there on operating costs did lead to a serious competitive disadvantage for Northern Ireland based hauliers and that has been reflected in at least a short term substantial flagging out into the Republic. The figures that Iain Todd has referred to in relation to competitiveness in the south east of England for the industry as a whole with our nearest neighbours on the continent however do not give such a clear picture at all. Indeed, we would say that, taking total operating costs, including taxation, with Belgium and the Netherlands, we are very much on a par. There was probably a slight advantage in relation to France but not enormous. These all depend on a lot of assumptions and they are different from vehicle to vehicle and type of operation to type of operation. We are still in discussion with the FTA and the RHA on these very issues, but that is our general impression. Miss McIntosh 624. It would be remiss not to recognise the reduction of the vehicle excise duty in the Budget, but we have just heard some really quite damning evidence about the number of vehicles that are either flagged out or registered in, for example, another EU country over the last two years in particular. I am wondering if the Minister would accept that, and also if he would accept by his own admission the fact that crude oil prices went up by 7p before the Chancellor came to consider his Budget. Would it not have been a greater help and assistance to UK PLC in general and our road hauliers in particular not to have any increase in fuel duty at all for this one year? (Lord Whitty) I do not think it is reasonable. The fuel duty of course is a part, and a very significant part, of our general taxation system. It would have been a very odd decision not to have kept pace with general inflation in that regard. Indeed, it does help on the pressure on efficiency in the industry to keep at least some escalation of the figure. In relation to flagging out, the indication that we have is that the biggest problem of flagging out, although they do not always call it that, is in Northern Ireland, where about 5,000 lorries have been flagged out from the north to the Republic. It is causing great problems, it is causing problems for the Irish Republic's own administrative system and, as I understand it, they have tried to reverse that and already 600 or 700 lorries have been effectively de- flagged out, if that is the expression. In relation to the rest of the continental side, our estimate is also about a total of 5,000 which have now been flagged out for a variety of reasons and in total terms that is not a big impact on the total number of lorries on the road and some degree of specialisation is expected. It is also true to say that the comparative competitive advantage which the hauliers expected from flagging out has by and large not materialised. There are serious misunderstandings as to what the implications of flagging out are if you then bring the lorry back in to operate on domestic haulage within Britain because you cannot avoid the VED in those circumstances and therefore some of the propaganda that has gone around the industry has been misleading to those people it was supposed to help. 625. That answers my question as far as it goes concerning flagging out but I did also address the issue of registration in other EU countries. Could the Minister also address that and also has he formed a view on the Euro-vignette, whether he would like to see that introduced in this country in some way towards covering the cost of using EU lorries on our roads? (Lord Whitty) On the first point, on registration, and Angela and Iain will correct me if I am wrong, we have not received evidence of any significant full registration outside --- I am sorry: flagging out is registration of the lorry. I thought you meant registration of the company. 626. I understood from evidence that was given that registration of a vehicle can take place in, for example, an EU country. (Lord Whitty) Yes, but that is flagging out. If we are talking about registration of a lorry, that is the same as flagging out. We are not aware of the registration of whole companies, which was threatened at one point. Chairman 627. What happens if somebody is already doing trans-European trade, who would previously have had the depot dealing with that on the British side of the Channel and then decides it is better value to shift it to say France or Belgium? Have you any instances of large numbers? (Lord Whitty) Not large numbers. (Mrs Moss) There have been a few small ones, we are not aware of large ones. 628. What numbers are we talking about? (Mrs Moss) Thirty or so. 629. Thirty or so? (Mrs Moss) Yes. 630. You do not have evidence that there are particular instances where firms have moved the bulk of their business from the United Kingdom to Belgium. (Mrs Moss) All the evidence we have on this is anecdotal. We have no evidence of major changes. Miss McIntosh: Could I ask the question again about the Euro-vignette? Chairman 631. We will come back to that. Do you have evidence of the reverse? Do you have figures, not anecdotal evidence, about the amount of inward-traffic that is now being handled by foreign firms? (Lord Whitty) We have some evidence of the extent of cabotage. There is a document we have commissioned under the Road Haulage Forum, which has just been completed, which we will let your secretary have. In terms of strict cabotage, the allegation there were big incursions into the cabotage field by overseas operators is clearly not proven. It was more than not proven it was proved not to be true. 632. Not true. (Lord Whitty) Not true on strict cabotage. The figure I think is still 0.06 per cent. 633. Is that up or down on the previous year? (Lord Whitty) It is marginally up on the system which was under-regularised before it was liberalised, very, very marginally. This is an infinitely small part of the total trade, there is therefore no evidence of foreign hauliers significantly coming over here and taking domestic trade. There is, of course, evidence that there are more foreign vehicles on our roads. In terms of international trade it is clear that the total number of vehicles passing through our ports which are foreign registered has grown from 48 per cent to 60 per cent. 634. We are then told they are not just responsible for inward-traffic but they are increasingly taking contract work within the United Kingdom. (Lord Whitty) We have no evidence of that. The evidence we have looked at suggests that this is minimal in terms of intra-United Kingdom trade. It may be that some of that increase of traffic is back-loading and taking it on the international circuit, that we cannot tell from the statistics and information that we have. Mr Gray: They must be or otherwise they would not be here. A lot of them go back empty. Chairman 635. If we can ask the questions, Mr Gray, and wait for the answer. (Lord Whitty) The fact of the matter is that with the strength of sterling there are more goods being imported to this country than was the case prior to that, therefore you expect more people to be importing anyway. Clearly it is an advantage to them if they can also back-load and take goods back out again. Even with the change of manufactured trade you would expect some increase. It is a significant increase I would accept. Chairman: We were going to ask you about the Euro-vignette. Miss McIntosh: Without the Euro-vignette I would be very interested to know how they constituted those figures? Apart from checking the weight of the vehicles and checking the tachographs I would be very interested to know on what basis they come to this conclusion? Chairman 636. How did you do it or is it, again, an estimate? (Mr Todd) When we started our work in the Competitiveness Working Group we saw this as a significant gap in our knowledge and so we commissioned a survey by a professional survey company to interview foreign lorry drivers as they leave the Dover area through the Channel tunnel and through the ferries. 637. All of them? (Mr Todd) We interviewed over 1,000 drivers in January of this year. Miss McIntosh 638. What about Felixstowe? (Mr Todd) We chose the route through which most of the United Kingdom international travel passes. I should say, we are very grateful for the help of the FTA and the RHA in drawing up the questionnaire and planning the work, so we are convinced that the work is sound and robust. Chairman 639. Now we have had the commercial, what were the results? (Mr Todd) We found that the domestic cabotage figure was very similar to what we had back in 1997, before the restrictions on cabotage were lifted, 0.06 per cent of the volume of domestic goods carried are carried by international vehicles while they are in this country. 640. Did you generate the 1997 figure in the same way? (Mr Todd) No, it was done differently because as that time cabotage was done through a permit system and so it was obtained in a different manner but the basis of the calculation is exactly the same as was done previously. 641. You are saying that even though you did it differently the questions were the same, the baseline was the same and it is statistically robust; is that what you are saying? (Mr Todd) We say so, yes, and our statisticians would agree. 642. Robust enough for us to have access to it? (Lord Whitty) This is the document I just referred to. 643. The Euro-vignette. (Lord Whitty) The Euro-vignette - presumably you mean a Brit-vignette. Chairman: Whatever it is called. Mr Donohoe 644. Euro-speak. (Lord Whitty) It will be a Brit-disc on certain elements of the road. Chairman 645. It is no worse than a Euro-vignette. (Lord Whitty) An attempt was made to ensure that foreign vehicles made a contribution more or less equivalent to the VED contribution which British based vehicles would have to make. When we looked at this initially on the Road Haulage Forum, I and others thought it was an attractive idea, however there are restrictions on what you can do under European law because there are vignettes across Europe and there is a maximum figure. The maximum figure is œ760 a year. If you work that out that is nowhere near the top of the range VED. 646. It would be something, would it not, my Lord? (Lord Whitty) It would be something but it would not make the differential between paying VED and--- 647. Why not do what the French police do, pull the lorries off the road and stick them at the back of some police station and leave them there? This is an alternative form. (Lord Whitty) I could not possibly condone that in this country. 648. It is what the French do. (Lord Whitty) We are restricted on how much we can charge under the Euro-vignette. Our estimate would suggest that the cost of administering that would be more than the money that came in, on which the Treasury, no doubt, would have views. Miss McIntosh 649. The cost of commissioning would be less? (Lord Whitty) The cost of collecting it would be at least as much as the money we got in. Chairman: We might want to pursue that sometime. Mr Donohoe 650. What do you think the effect of the extent of driver fatigue is within the industry? (Lord Whitty) It is difficult to estimate precisely but it is certainly the case that both the unions and the Health and Safety Executive are now taking an interest in this field, and the Vehicle Inspectorate would suggest that some of the accidents which are caused which involve HGVs are due to driver fatigue. It is one of the reasons why we wish to maintain and enforce driver hour regulations, both British and European. 651. Do you think it is right, in these circumstances, that the drivers who drive during the week drive at the weekend, driving lorries for the TA, for instance? Without there being any tachograph they can drive up to thirteen hours additional without there being any involvement. Do you think that is right? Do you think that should happen? (Lord Whitty) I do not think that is wise. Whether one can control what are basically voluntary activities outside the field work is an entirely different matter. 652. Do you think that the hours of driving at present are too high? (Lord Whitty) I do not know that I would say on average they are too high but there are certainly drivers on the road that have been driving for too long. Chairman 653. I think Mr Donohoe was referring to the restrictions. (Lord Whitty) The restrictions. Broadly speaking we think that the United Kingdom restrictions are probably roughly appropriate. Of course this will be affected by the restrictions on total working time which will de facto bring down the driving time. Mr Donohoe 654. What are they by comparison to what they are on the continent? (Lord Whitty) I have no figures to indicate that our drivers drive more. 655. Are they higher or lower than say France, Germany or Belgium? (Mrs Moss) Certainly there are fewer hours driven in France because of the restrictions there on the total working week. I do not think we have any evidence to suggest higher, lower or significantly different in any other way in any other country. 656. Has anybody done anything in terms of a study that suggests that the French driver of the HGV is by far safer as a driver than the United Kingdom one? (Lord Whitty) No. Only the road traffic statistics would suggest that. The French road safety record, including for HGVs, is worse than ours. I do not think that necessarily proves a causal link at all in either direction but there are no statistics that would suggest that. 657. What would be your opinion of incentives being paid to drivers, bonuses? (Lord Whitty) We wondered about this because we had seen this is a concern of the Committee. Because we do not have records of the precise payment systems or collective agreements on all companies the overall figure is that of pay only, less than four per cent of the income of the road haulage industry is in terms of bonuses. I personally think some bonus schemes might well be counterproductive if they force drivers to speed or drive over their hours in order to receive financial reward. I have no particular evidence that particular bonus schemes have achieved that. You can see how they could be detrimental. Mr Gray 658. Two matters. First of all, the Road Haulage Forum, is that in final form at the moment? (Lord Whitty) We have another meeting coming up the week after next. It has proved a very useful and frank working shop. We have reached a lot of accommodation and we have done some very useful work, which Iain Todd was referring to in part, both on taxation costs, enforcement and we are now looking at some of the other regulations, including working time. I think it has been a very useful initiative. That does not mean we have reached total agreement. 659. When did it last meet? (Lord Whitty) February. 660. Was one of the subjects discussed the introduction of the 44 tonne limit? (Lord Whitty) It was not discussed at the last meeting, it has been touched upon and there have been further developments since then. 661. That is my second point, really, why is it that the Commission for Integrated Transport is still thinking about it? Why is it that the Commission for Integrated Transport said, "Do not do anything until we produce our report", and you have nonetheless gone ahead and announced that it will be allowed from 1st January 2001? (Lord Whitty) Let us be clear about the status of CfIT. CfIT is an advisory Committee to the Secretary of State, it is not part of Government, it does not determine Government policy. It is healthy, we have a slightly arm's length relationship with them which by implication means they occasionally have slightly different views from us. On the substance of the matter the CfIT study shows pretty clearly there is actually an environmental and transport advantage for the 44 tonners full stop. They think that that should also be accompanied by various other measures, much of which we agree with in principle and in relation to enforcement. For example, we are now going to bring forward the impounding provisions which were in the Private Members Bill last time and will now be in the Transport Bill for us. We are already engaged in constructive discussions with the SRA, the Strategic Rail Authority. They suggested that we should wait until those discussions were complete but we felt we have to make a decision now for introduction probably next year of the new 44 tonne regime. Chairman 662. Have you announced it or not, I am not clear? (Lord Whitty) We have announced the principle. The date was a provisional target date. Mr Gray 663. What happens if CfIT comes out and says they think it is a very bad idea? (Lord Whitty) CfIT have not come out and said it is a very bad idea. 664. They have not done the report at all yet, have they? (Lord Whitty) They have done a report which says, "We should do this subject to the outcome of the inquiry." 665. Surely they produced an interim report but the final report has not yet been published. Perhaps you have seen it but it has not been published. (Lord Whitty) You can call it an interim report but it has dealt with the substance of the matter. 666. In the interim report it says, "The Government must not come to a decision on this matter until such time as we publish our final report." (Lord Whitty) Because they want to wait for the final decision of the SRA. 667. The final report is not out yet, is it? (Mrs Moss) No. 668. My question was, supposing in the final report they say, "We think it is a very bad idea", what happens then? (Lord Whitty) We are in disagreement with CfIT. We do not agree on every issue and we should not agree on every issue. They are there to advise and advance arguments, we would take it very seriously. The final report covers only the SRA side, it does the cover the side they have already dealt with, which is the economics and the environmental impact of the 44 tonners themselves. 669. What effect will the 44 tonners have on rail freight? (Lord Whitty) We believe that there is relatively little impact on rail freight and the constraints on rail freight are not the introduction of larger lorries, they are their ability to acquire new traffic and they have done very well in acquiring new traffic and we hope that the rail freight industries continue to acquire new freight traffic. 670. Are you aware of the Report produced by McKinsey for Railtrack which indicates it may well reduce rail freight by up to 3 per cent? Are you aware of the Report? (Lord Whitty) I am aware of the Report. 671. When did you become aware of that Report? (Lord Whitty) Me personally or the Department? 672. The Department. (Lord Whitty) I believe the Department became aware of it a few weeks ago. (Mrs Moss) I believe the Department became aware of it in February but did not see it until it was published in early March. 673. That explains why you did not give that to the Commission for Integrated Transport in considering their--- (Mrs Moss) CfIT were well aware of its existence. It was mentioned in one of the papers going to CfIT and it was discussed by CfIT and they concluded that it was not material. 674. It is quite a significant accusation that if McKinsey, a very well respected firm of consultants, come to the conclusion that it may well have a detrimental effect on rail freight to the tune of three per cent -the DETR is aware of it but did not discuss it with CfIT - but now you decide to go ahead with the decision despite the fact that CfIT specifically, when the committee you set up said, "Please do not come to the conclusion until we produce our final report." You have gone straight ahead and said, "Let us do it on 1st January 2001", ignoring CfIT, ignoring Mc Kinsey, ignoring therefore, presumably, Railtrack. Why have you done that? (Lord Whitty) We have not ignored all of that. We have said that the case for the 44 tonners from an environmental point of view stands up on its own. We do not necessarily accept the figures, and Railtrack do not necessarily accept the figures that McKinsey put to them. However, the question of the impact on the rail freight does not invalidate the environmental assessment and the economic assessment of the 44 tonners as such. 675. It is a bit worrying, so far rail freight is down as a result of the decision. (Lord Whitty) Rail freight will not go down as a result of this decision. The growth in rail freight has been substantial and the inhibitions on its further growth are there irrespective of the 44 tonners. That is effectively what McKinsey also referred to in relation to the constraints on, if you like, the track and the infrastructure which Railtrack are having to address. Chairman 676. Where did you announce this decision, my Lord? (Lord Whitty) I think formally speaking we said it in the Budget - is that correct? (Mrs Moss) It was mentioned in the Budget and in the Budget supporting documents and in press notice that Lord McDonald issued. 677. The press notice certainly, but where was it announced to House of Commons? This is a matter of some material importance both to the road industry and to the rail industry, where was it announced to the House of Commons? (Mrs Moss) I believe the Chancellor mentioned it. Chairman: The Chancellor mentioned it. Mr Gray: In his speech. Chairman 678. There was no attempt to put down a written question although a press notice was issued from the Department. (Lord Whitty) Our understanding was that it was to be announced by the Chancellor in the course of the Budget debate and we provided a background press notice. Mr Bennett: He forgot to do it. Chairman 679. We cannot find it in Hansard. The House of Commons like to be officially told things that are not put out in press notices. (Lord Whitty) In part I accept that, our understanding was that it was going to be announced in the Budget debate. I think it was referred to by the Chancellor. 680. So briefly that nobody noticed it. Before Lord McDonald made a press statement, did you announce to the House of Commons the amount of money that he intended to use as his transport budget? (Lord Whitty) It was announced at the same time as we provided a written answer last Friday. Mr Gray 681. Last Friday, the budget was Tuesday. (Lord Whitty) The Budget on Tuesday allocated 280 million to transport. Chairman 682. When did Lord McDonald make his statement, on Thursday? (Lord Whitty) On Friday. 683. On Friday? It seemed to get a lot of publicity on Thursday. (Lord Whitty) Not in the detail it was announced on Friday, to be fair. It got some publicity on Friday morning but not in the detail that it was announced on Friday. Chairman: Perhaps you could take a little message from this Committee that it might be rather nice in future if these announcements were made through the House of Commons and not just briefly in some passing mention which it might attach in due course. Dr Ladyman: I have a recollection of seeing it in the Red Book following the Budget but I may be wrong about that. Chairman: It may be there was some mention in the Red Book. We are told that the Chancellor was to announce it. Dr Ladyman: Well--- Chairman: I do not think you need worry about his Lordship, he is a big boy he can look after himself. The Chancellor is an even bigger boy. Dr Ladyman 684. Given that you made the point about the vehicles being more environmentally friendly, whether they are or are not there are certainly improvements that can be made in vehicles to make them better engines, et cetera. Can you just tell me, what do you plan to do to encourage the industry to shift those types of vehicles? The previous witnesses suggested that far more effective than the stick would be the carrot and that capital allowance to allow them to change their vehicles would be a more appropriate way forward. (Lord Whitty) The structure of the VED that we have introduced in the Budget does in itself encourage a move to a more environmentally friendly lorry, engine forms and fuels. Our whole taxation policy on ultra low diesel also helps that, in a sense they are carrots against the broader strike of taxation. In addition, we have set the targets and we played a very positive part in the European regulations relating to this in terms of the development of Euro II, III and IV. I think it would be fair to say that the British Government have taken a leading position in relation to that and the British manufacturing industry and the haulage industry has taken a lead from that. It is not just a question of sticks. We use the sticks constructively and the carrots are there too. 685. Have you looked at capital tax allowance write-offs to encourage environmentally friendly vehicles to be purchased? (Lord Whitty) This would have to fit into a broader approach to capital allowance, which would be a matter for the Chancellor rather than for me. Could I just say, in your earlier point Mr Todd referred to the Red Book and there is a specific reference in the Red Book, however that does not obviate your point. Chairman 686. The message is still the same. (Lord Whitty) I take your point. Chairman: Good. Dr Ladyman 687. Can we just carry on on the subject of costs and environmental concerns? Would you agree with the evidence that we have been given that the taxes the road haulage industry pays only account for 70 per cent of the total costs that it imposes in terms of roads, environmental issues, social factors, et cetera. (Lord Whitty) The most recent study that we have commissioned on the costs side would suggest it is not as low as 70 per cent but it varies very much on some fairly heroic assumptions about the costs of pollution and environmental damage and also on the type of vehicle and the mix of vehicles you are talking about. What is clear is the usual contention from the Road Haulage Forum and the industry and from motorists that the tax they pay does not go back into improving the transport system. That is the wrong argument and you need to look at the total external and social cost of road traffic transport. In that context the tax take is very close to the total environmental damage. There will be some vehicles where the tax take is as low as 70 per cent, possibly even lower, but on average it would be nearer one hundred per cent. Those figures are based on not entirely robust assumptions and other people can make slightly different calculations but they are of that order. I do not know whether you want to add to that? (Mr Todd) The Minister refers to some work we have carried out in the last twelve months by consultants and this Report will be published very shortly and it will be open to public scrutiny very soon. Chairman: You ought to put down some questions on the amount of money you are spending on consultancy - I am just being cruel. Dr Ladyman 688. While we are on the subject of figures that require some robust calculation, can I just bring you back to your estimate of the amount of carbon that was going to be saved as a result of the road fuel duty escalator, which is 1.2 million tonnes of carbon? Admittedly the road fuel escalator bites on all forms of road use, rather than just road haulage, but I recollect asking some Parliamentary questions last year, unfortunately I have not brought them with me, and I asked questions about the amount of fuel that was being used each year over the last ten years, the types of vehicle that were being bought and the average fuel consumption and the one thing that you could pick up from those figures was there was absolutely no correlation whatsoever between the trend growth of car use and the level of taxation on car use. The only hypothesis that one could support with the figures as they stood was not that the road fuel duty escalator works and encourages people to drive less or road haulage to use different vehicles, it was that people have a certain amount of money they are prepared to spend on transport and they drive up to that limit of their money. If that is true, how are you going to justify your 1.2 million tonne estimate? (Mr Todd) I think that refers back to point I made earlier about the difficulty in proving the evidence. There are all kinds of societal changes taking place. People travel more now than ever they did, so, the figures you refer to, traffic is increasing, travelling is increasing. We do have to make an estimate of how much carbon would have been saved through these measures, but it is an estimate, it is based on some information we have about how people's behaviour changes in the face of fuel prices. That is one change in amongst a number of other societal changes that are going on simultaneously. 689. Given we accept now that this is just a wish figure, this saving? Would it not be worth looking at the possibility of giving some sort of refund to the road haulage industry for the duty they are paying linked to measures for them to change to much more efficient vehicles? That would deal with the social problem of the road fuel escalator as well as the environmental problem. (Lord Whitty) This proposition has been put to us by the industry, we are talking about very substantial figures here. We think that the tax system that we are now introducing, both on the fuel and VED encourages more environmentally friendly forms of lorry. A rebate would be an extraordinary crude way of achieving an objective unless you had a very sophisticated offset to it, to some extent on a straight rebate, which is more or less what the industry was advocating, you would be subsidising the less efficient vehicles more than the more efficient vehicles. You would have to have a lot of offsets to that to make it work. I think the other thing, of course, in terms of the objective evidence of change is that the issue is not the amount of tax, the issue is the price. We have been through a period of falling, until very recently, until the last fifteen months or so, crude oil prices and pump prices in real terms. You would not necessarily find in figures up until the end of 1998 a positive movement as a result of behaviour change because it is the price that affects behaviour not the level of tax within that price. 690. If you will not contemplate a rebate to the road haulage industry, how about hypothecating some of that income by spending on the railways to deal with the infrastructural problem that would stop the railways taking extra capacity? (Lord Whitty) The Chancellor indicated that if we do increase the fuel duty escalator beyond the level of inflation all that money will be ploughed back into transport infrastructure. Chairman: That is not beyond the rate of inflation. Mr Gray 691. Surely if there was any evidence of behavioural change at all it would be logical that the revenues, which are listed in the back of the Red Book, would slightly ease off or go down, but that is not the case and the revenues for fuel duty go straight up in a straight line in direct proportion to the amount by which they increased in last year's Budget and this year's Budget, thereby saying there is no evidence at all of any behavioural change. (Lord Whitty) You have to take out the effect of the economic growth and the overall growth. If after that there is absolutely no change, then you might be right but I do not believe that is the case. Mr Gray: I think it is if you look at the figures. Mr Bennett 692. Enforcement, in respect of both working hours and vehicles, it is a joke, is it not? (Lord Whitty) No, I do not think it is a joke. I think that the Vehicle Inspectorate and the regulations are very important in the industry and the deterrent effect of Vehicle Inspectorate powers do have an effect. Having said that, I would accept that there are a number of vehicles on the road - I have been out with the Vehicle Inspectorate myself and found a fair level of noncompliance both in relation to tachographs and in relation to vehicle safety. Nevertheless the deterrent effect is there. Regrettably there is a significant part of the industry which tries to get by those regulations. The responsible bodies do not like that and they press us for better enforcement to ensure that that systematically illegal element is penalised. 693. What are you doing to improve that enforcement? (Lord Whitty) We have already switched the VI approach to targeting the worst offenders to a large extent. We have improved the information system for VIs so they use a roadside electronic information system which will give them the background on the vehicle. 694. Is that working? (Lord Whitty) Yes. 695. Oh. (Lord Whitty) As compared to other Government IT projects. 696. As compared to the one they have had for sometime, is it working? I do not find it surprising if Government's computers do not work, I find it astonishing if they do. I do happen to know they were in need of a considerable amount of improvement. (Lord Whitty) Not the system, it was how they were used on the roadside needed some improvement and that has largely been done, I think. 697. Is there a disincentive for police to stop those vehicles which are more likely to fail? (Lord Whitty) A disincentive? No, there is an incentive to do so. 698. If they have to do so many checks a day, is it not better to do checks where the person speaks good English, where the vehicle looks as though it is in good order so you get all the ticks in the right place? (Lord Whitty) I think precisely the opposite. The intelligence led approach does tend to identify those where there is likely to be a problem, that includes foreign lorries. 699. Does that include police officers as well as the special inspectorate? (Lord Whitty) The police are the only people who can stop the lorry and in order to stop the lorry the police have to pull the lorry across, if we are talking about taking it off the road, and that involves cooperation with the VI. There are occasions inevitably where the police have other priorities where the VI would like it. That has nothing to do with discrimination between those who are likely to pass or those who are likely to fail. The police will pull across those lorries which the VI identify for them or in some cases the police identify themselves. 700. You are going to impound vehicles, is that right? (Lord Whitty) We are going to introduce legislation that gives us the right to impound. We not impounding vehicles for the sake of it, we are using it as a deterrent. 701. Is it going to work? (Lord Whitty) I think impounding is a pretty substantial deterrent. I think it is important we now have agreement to put this in the Transport Bill. Chairman 702. This Transport Bill going through the House at the moment? (Lord Whitty) Indeed. Mr Bennett 703. What are the implications if you have a vehicle that is carrying a load of sheep? Sheep transporters always seem to me to be some of the most dodgy vehicles on the road, who is going to look after the sheep while it is impounded? (Lord Whitty) You appear to be more familiar with sheep transporters than I am. Clearly the inspectorate will have to have some regard to the cargo and the perishability of the cargo. 704. What about that sort of vehicle or ones with refrigeration units, is the temptation going to be we will not stop that one because it might cause us a problem storing? (Lord Whitty) I do not think that is a temptation. The vehicles will be stopped, whether they will be impounded, we will obviously need to take into account the effect on the cargo and if they are live animals that is a particular problem. 705. I just picked that out - I would have thought that people who knew a bit more about the industry than I do could pick out one or two others where there might be problems with impounding. (Lord Whitty) Nobody is saying there will not be problems. The threat of impounding, the possibility of impounding applies in all of these areas. The degree to which we would actually impound in particular circumstances does need consideration on a case-by-case basis, it may also need some discussion with the individual sectors of the road haulage industry as to how you deal with particular circumstances. Obviously we would need to engage in consultation on that once the primary legislation goes through. 706. Is there a shortage of qualified drivers or should more be trained? (Lord Whitty) Probably more should be trained. We have taken steps in terms of the driver training scheme for 16 to 19 year olds, it has been extended to 20 to encourage more people in to get their HGV licence at 21. As with certain other slightly less attractive jobs, social and family purposes, there are more people who have a HGV licence than are practising HGV licence drivers. To say there is a shortage is not easy to establish. There is a shortage of people who, for various reasons, wish to take it up, the number of holders. 707. If they were paid more they might attract many of the people who have a licence back. (Lord Whitty) Pay is part of it certainly. 708. You can only hold a licence for a fairly short period without driving. (Lord Whitty) Can anybody help me out on how long that is? Chairman: Two years. We are happy to supply the answers as well as ask the questions. Dr Ladyman: I was approached by a constituent a year or so ago because the classes of the tests were being changed so that you could drive different classes of vehicle. He provided a HGV driving instruction service and his view was that it was no longer worth people training for a Class 1 licence because the additional cost involved in going for a Class 1 licence was so much greater than a Class 2 and people could earn a perfectly satisfactory living at Class 2. He found that his business was drying up with people willing to make that extra step into Class 1. Do you have any evidence of that as a result of the changes that have been made to the testing of HGV licences? Chairman 709. We are happy to have a supplementary note on some of these things. If the Department has information we are happy to have that supplementary. I want to ask you two or three small matters before I allow you to escape. Is it too easy to get into the industry? (Lord Whitty) It is an industry in which the threshold of entering is fairly low. By and large we think it has to be a competitive industry, we do not wish to put artificial barriers there. 710. Where it is low you accept that? (Lord Whitty) I broadly accept it. The question of the financial status of drivers needs some addressing, apart from that I accept that it is and probably will continue to be and should continue to be relatively easy to go into the industry, provided you are qualified. 711. Have you discussed the whole business of the financial probity? We have heard quite horrifying stories of how people establish their financial probity. You are seriously considering whether the step should not be a higher step in relation to financial probity. Good. We can expect some answer to that at some point in the near future. (Lord Whitty) Certainly the traffic commissioners are looking at it and we are concerned about their advice. 712. Are there too many vehicles in the industry? Are they competing in such a way that they are able to undercut one another because there are too many vehicles? (Lord Whitty) There are more vehicles in the industry than there are on the road in an active economic activity at any given time. We want to encourage the turnover of vehicles so that we get cleaner, better vehicles and more efficient vehicles. 713. You have just told us it is easy to get in, there is not any particular way of pushing owners into getting new and better vehicles but you are still quite content there should be more vehicles that are economically capable of being viable, is that what you said? (Lord Whitty) I suppose I am saying if we decide in arithmetic terms there are too many vehicles, what do you do about it? We want newer, cleaner and more efficient vehicles. 714. I know what you want. We have had a clear indication of your wishes. If it is an industry that is very easy to get into, where the steps concerned in order to prove your financial probity and general viability are not high and where you say that in the name of private enterprise they should be allowed to do whatever they like, are we to take your protestations about caring about climate change and other aspects of the environment terribly seriously? (Lord Whitty) Yes, I think so. I would hope so. When we say it is easy to enter the industry, it is easy to enter the industry provided your vehicles are safe. We are tidying up and trying to enforce better safety standards. 715. How many people are you going to need to get that level of enforcement? What urgent talks did you have with the Home Office about the need for enforcement? We are told consistently enforcement, enforcement, tachographs, quality of drivers hours. We are given all this anecdotal evidence, East German drivers coming in, although we are unable to establish the size of it. What are the Department doing about enforcement? If you are saying to us we can deal with this because we know we have good enforcement, what can you do that demonstrates that? (Lord Whitty) We have enforcement into the entry of the industry through the Traffic Commission. 716. That is very low, we have just agreed. You are looking at that. Let us not do that one again. (Lord Whitty) On that point, you asked me whether it was the near future, the consultation will be completed this summer. 717. Not the near future. (Lord Whitty) Fairly near future. Reasonably near future. We have also agreed with the Treasury that the licence income can now be hypothecated back to the Vehicle Inspectorate and that will give them more resources. We improved technology of the Vehicle Inspectorate and we are improving the facilities of the Vehicle Inspectorate and we are taking steps to increase the quantity and quality of enforcement. I do believe that that does have a fairly strong deterrent value. I accept, however, as I said earlier, there is still a serious problem of illegal operators on our roads. 718. Do you want to tell us what proportion of tax paid by road users was paid by the road haulage industry? (Lord Whitty) The proportion of total tax take? 719. What proportion was paid by road hauliers? (Mr Todd) The most recent year for which we have figures is 1997/1998 and the total tax for VED fuel duty was œ23.8 billion. 720. 23.8 billion. That is all road users. What percentage of that was paid by the road haulage industry? (Mr Todd) The road haulage industry above 3.5 tonnes is 16.8 per cent - about 4 billion. 721. Can you also tell me how much is the Government spend on all forms of transport, not just sustaining and improving the road network? (Lord Whitty) Yes. The figure is 8.6 billion over the last full year. Of course that is transport expenditure, it does not include the policing of the roads. 722. Can you tell us, after you have taken account of all forms of taxation and all other on-costs, whether it is cheaper or more expensive to operate a lorry in the United Kingdom rather than other European countries? (Lord Whitty) We touched on this earlier, the indications that we have, we have done a lot of work on this and the industry provided figures - and we are not completely in accord with the industry on this - and it indicated taking all costs into account we are very much on par with the Netherlands and Belgium and we are slightly higher than France. I cannot give you other EU countries, although we did briefly look at Germany, although we did not reach a conclusion. 723. If your Road Haulage Forum is doing such a good job, why do you think we have had to take evidence this afternoon from a group calling themselves the Shadow Road Haulage Forum? (Lord Whitty) Far be it from me to suggest that there might be a little element of political motivation here, we know the origins of that body, that is not to say they cannot give you useful advice, we are dealing with the authoritative trade associations and trade unions with the road haulage industry in the Road Haulage Forum. As I have said, we have not always agreed on everything but that is a process which we are now engaged in. We have reduced the area of disagreement and we have a number of constructive approaches and various working parties, to which Mr Todd has referred, which include demand enforcement and include looking at the regulations more generally, including the recently set up one on the Working Time Directive. All of that is a constructive relationship rather than a lobbying relationship. 724. Are your Working Parties going on now? (Lord Whitty) Yes. 725. Are you intending to call them altogether before very long? (Lord Whitty) The main Forum are meeting sometime in April and the Working Parties go on between that. 726. Will that evidence be made public or is it just to the Government? (Lord Whitty) We will have to decide that between ourselves and the industry, what evidence we agree on may be made public. Mr Bennett 727. You keep secret the stuff you disagree on. (Lord Whitty) If the industry disagree, I have no doubt they will tell the public anyway. Chairman 728. It is possible that your Working Parties will come up with evidence which will be quite useful to this Committee, particularly on enforcement or some of the other problems we talked about. (Lord Whitty) Would it be helpful to you if I committed myself today to say that any such information which comes up in the timescale of your investigation we will obviously provide to your secretary? Mr Gray 729. On this question about impounding vehicles, there is a proposal for impounding powers in the Immigration and Asylum Bill, are there going to be new powers brought into the existing Transport Bill for other reasons? (Lord Whitty) That was the implication of the Chancellor's statement - the Chairman will have a go at me - that was said around the Budget time. Chairman: I have never had a go at you, even when you were a commoner. Mr Gray: The Bill is processed through this House? Chairman 730. Are you saying you would go for a general empowerment in the Bill? It needs to be done by regulation, is that what you are saying? (Lord Whitty) Yes, it needs regulation. 731. This is not in the existing legislation brought in either at Report stage or in another place, is that what you are saying? (Lord Whitty) Yes. 732. Which of those? (Lord Whitty) I think it is probably a matter for those who are dealing with the Bill. 733. No, no. You are in control of the legislation in your Department. I ask you again. (Lord Whitty) We will bring it in as soon as we can. We are still in committee on that Bill, as you well know. It is our intention to bring it in as early as possible, I cannot say more than that. 734. You expect it to be done subsequently by regulation. Either positive or negative, you have not come to the point where you have taken a decision on that? (Lord Whitty) Most of it would be done by negative resolution. 735. We would welcome a small note from you on that. (Lord Whitty) As soon as we finalise the proposition I will ensure that a letter goes to you at the same time. Chairman: You so inspire my colleagues, I keep thinking I am winding up. Mr Forsythe: Very briefly, the decision taken by the Republic of Ireland to clamp down on some ways of "flagging out", did any discussions take place between the Republic of Ireland Government and Her Majesty's Government before that happened? Chairman 736. Do you mean by de-flagging, which sounds like a very Irish solution? (Lord Whitty) Basically they are lorries which were then registered in the Irish Republic but did all of their business back in Northern Ireland. The Irish Authorities felt that was not appropriate. They did have discussions with us and the Department of Transport in Northern Ireland. Miss McIntosh 737. The Department I am sure will be aware of the huge concerns which are reflected in the evidence that this Committee has heard on the œ2,000 fine for vehicles under the Asylum and Immigration Act, has the Minister or Government considered taking any measures to allay the fears of what the impact will be on each individual haulier, particularly those who are working for a larger company, who will be put very much at risk, and even more so for the owner-drivers? (Lord Whitty) We have. This is more a matter for the Home Office Minister than myself. It has an implication for this industry and we had to strike a balance between what is a very serious problem of smuggling illegal immigrants and the potential difficulty for the industry or individual driver themselves. Considerable inter-departmental discussions did go on about this being introduced and the Act is obviously not designed to penalise hauliers who unwittingly carry illegal entrants. On the other hand it is an incentive to check, for both owners and drivers, and we are consulting on that with the Home Office and we are consulting on the details of the Code of Practice under which these powers will be exerted. I do recognise the anxiety in the industry and amongst the trade unions on this. I hope that Code of Practice will make it clear what our intention is. Chairman 738. I think, put simply, a driver who was handed a vehicle that he cannot get into to check, for whatever reason, and finds himself in jail he is not going to be a happy person. (Lord Whitty) There are certain checks that a driver can make and there are certain routines the employer can insure or require him to make, that ought to be the effect of the Act. Dr Ladyman 739. What, the status of the agreed Code of Practice for drivers? If the driver followed that Code of Practice he is not at risk? (Lord Whitty) Courts would have to take that into account. Chairman 740. My Lord, I think you should. We are very grateful to you for coming. I am sure your knowledge and your previous training in your Labour party trade union post enabled you to deal with this Committee with great charm and speed, and all of those matters that make a successful Minister. We shall call you back. (Lord Whitty) Thank you very much. We will provide that additional information as rapidly as possible. Chairman: It was very nice to get the chance to question you, yet again.