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Mr. Khan: That is a good question for a different Committee. We have consulted Intelligent Transport Systems UK and other stakeholders to ensure that we get the right system. The question relates to the reassurance that our solution is the right one. We need local, regional and national solutions to the challenges that we face. Although the example that the hon. Gentleman gives is not relevant to that point, it demonstrates the problems that may occur with a uniform system across Europe in a village in Germany versus Scarborough or Whitby, for example. One reason why we need to have subsidiarity and proportionality is to take on board examples like that in the ITS field.
Mr. Goodwill rose—
The Chairman: Order. One more question at this stage, Mr. Goodwill, and then you can have a breather and let others speak.
Mr. Goodwill: The proposals could result in cars being fitted with a black box. According to the proposals, such devices would have the capability to apply road charges on a pan-European basis, which we oppose, particularly in relation to the Eurovignette. Does the Minister agree that the Commission’s argument that the proposal helps to iron out internal market disparities is simply window dressing for its wish to grab power and promote its Eurovignette or road-charging schemes?
Mr. Khan: We have no intention of allowing the intelligent transport system to allow road pricing via the back door. I cannot be clearer than that.
Mr. John Leech (Manchester, Withington) (LD): The Minister accepted that the ITS take-up has been a lot slower than expected. Does he think that the reason for that is based on cost, or do some of the member states’ concerns relate to effectiveness?
Mr. Khan: That is another important question. I am concerned that some member states are attracted to the legislative route because they think that it will lead to money. One of the reasons for the slow take-up may have been the cost, but the Commission and Europe need to look into the reasons for that, because there has been no such research. We can speculate, and the cost could well be a reason.
Mr. Leech: Is there not therefore a danger that, unless we go ahead with the proposal, member states will simply not introduce it?
Mr. Khan: Once again, if the hon. Gentleman recalls my introductory remarks, I am in favour of the principles of ITS; the issue is how we deliver them. I am not sure that the legislative route is the best way to do that. I have not seen any evidence that that route will be quicker, but I have heard concerns about whether there has been an analysis of the cost benefits. What about those countries that are moving faster? The UK is one of the leaders in the field, as are Germany and the Netherlands. There is a concern that some of our technology may be redundant if we move ahead, because of the investment that we have already made.
Mr. Leech: The Minister says that he is not convinced that legislation will introduce the proposal faster. Surely, if some member states are not introducing it at all, legislation is the only way that it could be introduced.
Mr. Khan: We have other levers. The proposal is for the Transport Council to farm out the provision to the Commission, which will farm it out to an expert working group to make recommendations. Some of those may be unpalatable to us and may be used in other parts of Europe, but not in the UK. They would be rubber stamped by the European Parliament. A far more attractive option would be for the Transport Council, which has the expertise and experience, to discuss the matter with colleagues and try to help them to deliver the proposal. We need to find out the reasons for the delay and work with member states to help to improve their systems by using best practice from the UK.
Sir Peter Soulsby (Leicester, South) (Lab): Will my right hon. Friend take us back to the fundamental reasons for the Government’s resistance to the legislative approach? Are they arguing that such an approach is unnecessary, or are they arguing that it would impede progress?
Mr. Khan: Our concern is one of process, not substance. First, will there still be issues of proportionality, or will there be concerns about our influence as a member state if the proposal is delivered across the board? Secondly, is there a business case for following the route under discussion? The third concern is that those countries that have moved further ahead and made more progress will be penalised by the levelling down rather than the levelling up. The problem is the process. As such, we agree with the ends and the principles, but the process of comitology and reliance on experts makes us nervous because we believe that the proper format is a Transport Council with the expertise around the table, and co-decision, rather than the other route, via comitology.
Sir Peter Soulsby: I understand the Minister’s argument. However, to what extent are the Government concerned that the adoption of a legislative approach might lead to existing or developing systems being rendered redundant, which might set things back rather than promote their development?
Mr. Khan: It is exactly that.
Mr. Goodwill: The lines to Brussels have obviously been buzzing this morning. I was particularly pleased that the Minister’s colleague, Brian Simpson, had got this important job, particularly as he is a fellow steam enthusiast. Philip Bradbourn MEP, our spokesman for the European Conservatives and Reformists group and who is more eagle-eyed than I, pointed out to me that the proposal addresses the transport corridors and conurbations. The Minister will correct me if I am wrong, but is urban transport not within the competence of the EU? In his arguments against the proposal, will he point out to his colleagues in Council that it is beyond the competence of the EU to talk about urban transport as well as the pan-European transport routes, which are within the treaty?
Mr. Khan: Our reasons for wishing to go down the non-legislative route are not related to the matter of competence; they are about pragmatism and what is best for the UK—what is best for the towns, communities and constituencies that we represent. We believe that the best option is the non-legislative route.
Mr. Goodwill: The Minister referred to the new committee that will be set up under the comitology procedure. Will it be a qualified majority voting committee under article 71(1) or will it be an area of comitology in which there is a veto, as outlined in article 71(2), affecting important issues such as employment? It would be reassuring to know that some vetoes will fly around in this matter, rather than the UK once again being outvoted by others.
Mr. Khan: The nub of our concern going down this route is the qualified majority. That is why I have made the point that, if we can reach agreement and consensus with our colleagues who have the same concerns, all is well and good. However, if we cannot, our concern is illustrated by the hon. Gentleman’s point about a qualified majority rather than a veto.
Mr. Goodwill: My final question relates to article 5 of the proposal. Does the Minister agree that insisting on type-approval in a variety of applications will be a barrier to new entrants to the market, limiting competition in a new and innovative field? Does he agree that self-certification would be better in many cases, except possibly with the introduction of safety-related innovations or where data capture can be used in criminal law, which is the case for Home Office approvals for safety cameras in the UK?
Mr. Khan: The hon. Gentleman raises a number of different issues. We are keen to ensure that we abide by our data protection rules, and we make sure that we do. Our domestic legislation is strong on that. His concern relates to how other member states capture data. He is right to say that a lot of innovation comes from the private sector and there is concern that going down the legislative route will hamper innovation.
Raising the level of new entrants is also a live concern, which is why we believe that more work needs to be done on co-operating and co-ordinating with the new arrivals to the EU to see what challenges face them. The hon. Member for Manchester, Withington asked about the reasons for the delay. That is one of the questions to which we want the answer.
Mr. Leech: Six priority areas are planned including the optimal use of road traffic and travel data, safety and security, integration of the vehicle into the transport infrastructure, data security and protection, and co-operation and co-ordination. Which of those do the Government see as the most important?
Mr. Khan: They are all important. One of our concerns regards the cost-benefit analysis, or the impact assessment, when the draft regulatory order was drawn up. The Commission claimed that there would be a 15 per cent. reduction in carbon dioxide emissions. One reason why we are keen to have an impact assessment and a cost-benefit analysis done properly is to see what impact there will be on the specific issues. One problem is that no impact assessment has been done on those by the Commission. Going down the comitology route without the evidence is a concern.
Mr. Leech: Do the Government accept the studies that suggest that fatal accidents may be reduced by 42 per cent. if all vehicles are fitted with non-overriding intelligent speed adaptation?
Mr. Khan: I have not seen that particular statistic, but I am happy to look into it and get back to the hon. Gentleman. I do not want to mislead the Committee.
Mr. Leech: There is a danger that we are concentrating on major inter-urban routes, motorways and trunk roads when introducing ITS. Is there a danger that we are taking our eye off the ball in terms of road safety priorities for those places where accidents occur? It is a fact that the motorways are our safest roads, and yet the measure will concentrate on the major routes.
The Chairman: If no more Members wish to ask questions, we will proceed to the debate on the motion.
Motion made, and Question proposed,
That the Committee takes note of European Union Document No. 17564/08, draft Directive laying down the framework for the accelerated deployment of intelligent transport systems in the field of road transport and for interfaces with other transport modes; and endorses the Government’s cautious approach to discussions on this document. [24th Report of Session 2008-09, HC-xxii, Chapter 1].—(Mr. Khan.)
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Mr. Goodwill: I hope that the Minister’s compelling arguments about why we should not legislate will prevail upon his colleagues in the Council. Although intelligent transport systems offer potential improvements to road safety and can reduce carbon emissions while ensuring better use of existing networks, the dead hand of the state, particularly the European superstate, is not the way forward. If one looks at the suggested alternatives in the Commission’s report, option A—no new action—seems the most sensible way forward. If absolutely pushed, option B, which would allow for some co-ordination but not the strict legislation for which the Commission and the Swedish presidency seem to be pushing, would be sensible too.
One of our major concerns is that if we were to implement the directive, the Commission and its committee of experts might be tempted to pick winners. We may well end up with the Betamax of intelligent transport systems or, to pick another example of Government choosing the wrong technology, the gas-cooled reactor. Also, the Commission may try to justify further the investment in Galileo by picking that as the preferred platform for any pan-European system.
It is good to have systems in place where motorists can get better information. If I drive back up to Yorkshire via Norwich, as I do from time to time—I generally take the train—I use the A1. When that is blocked by an accident, motorists tend to choose a variety of ways to get around the congestion. One of my concerns is that if every car received a message that the A19 through Selby town was the best alternative, we would see knock-on effects in terms of serious congestion and damage to other road users, including pedestrians. Any system would need to be fine-tuned so that it did not send everyone down one alternative route, which would cause problems.
We are concerned about any proposal to fit all cars with a black box, which could be a stepping stone to a pan-European road-charging scheme, such as the proposed Eurovignette scheme, but of course we already have road-charging schemes for lorries in a number of EU countries, including Germany and the Czech Republic. The Conservative party is proposing a similar scheme in the UK, but those countries have already acted without a directive, in the same ways as many countries have moved forward with eCall, the emergency calling system, which sends a message when the airbags are deployed or when the vehicle is subjected to other forces. As the Minister knows, and as I mentioned in questions, there is a proposal from the industry in the UK, which I hope he will look at over the summer so that we can put this in place.
With regard to the financial crisis, it was often said that there was nothing that member states were prevented from doing because the Lisbon treaty was not in place. In the same way, I cannot think of any measures that member states could not put into force without the need for this directive. We need the light hand of co-ordination, not the dead hand of regulation, which might be ignored anyway because some other member states do not have the same good record of implementing things as the UK. We need an environment that will foster innovation and invention, and not force one solution on everyone.
Lastly, will the Minister represent us in the Council discussions, or will it be left to officials? I know from experience how good and well-advised those officials are, but no one has quite the same clout as a Minister when it comes to getting one’s own way in a Council discussion.
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