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Transport Act 2000: Implementation

Lord Berkeley asked Her Majesty's Government:

Lord Macdonald of Tradeston: Sections 16A-I of the Railways Act 1993, as introduced by Section 223 of the Transport Act 2000, will be implemented once a number of exemptions from the new provisions it will put in place are completed. The exemptions are expected to be finalised shortly and hence permit commencement of the new provisions.

Sensitive Lorry Miles

Lord Berkeley asked Her Majesty's Government:

Lord Macdonald of Tradeston: The Strategic Rail Authority has published its conclusions and a paper, Sensitive Lorry Miles: Results of Analysis, which summarise the findings of the consultants' reports. A copy of that summary is being placed in the Libraries of the House.

Bull Bars

Lord Harris of Haringey asked Her Majesty's Government:

Lord Macdonald of Tradeston: We do not have figures for vehicles imported from outside the European Union with bull bars fitted but we would expect the number to be small, given that a commitment not to fit rigid bull bars covers many non-European car manufacturers.

The most effective way of controlling after-market bull bars is via technical standards in European legislation. We have submitted a technical proposal to the Commission setting out how this could be achieved. We expect the Commission to bring forward its proposals on controlling such bull bars later this year.

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Blue Badge Scheme: Supermarket Enforcement Powers

Baroness Masham of Ilton asked Her Majesty's Government:

    Whether they will introduce legislation to permit supermarkets to clamp vehicles parked in a disabled person's space without displaying a valid Blue Badge. [HL3130]

Lord Macdonald of Tradeston: The Blue Badge Scheme and the enforcement powers to protect it do not apply to off-street car parks. There are no plans to change that position.

Vehicles can be clamped on private land, but the legality depends on the circumstances of the particular case and whether the clamper has acted reasonably in the protection of private property rights. Off-street car parks are private property and the conditions of use are a contractual matter between the owner and the motorist.

There are other ways of tackling abuse in off-street car parks, which are set out in a factsheet which is available from the Department for Transport. In addition we are also working closely with, and supporting, the Baywatch campaign, which is committed to encouraging more protection of disabled persons' parking bays in retail car parks from abuse by non-disabled drivers. My response to the noble Baroness in answer to [HL3131] provides further details.Joan

Baroness Masham of Ilton asked Her Majesty's Government:

    What recent discussions they have had with the main supermarket chains in England and Wales about the misuse of disabled persons parking bays by motorists not displaying a valid Blue Badge.[HL3131]

Lord Macdonald of Tradeston: Although the Blue Badge Scheme does not apply to off-street car parks (such as supermarket car parks), the Government have offered their full support to Baywatch, a coalition of the four main supermarkets (Asda, Safeway, Sainsbury's and Tesco) and disability organisations, who are committed to encouraging more protection of disabled persons' parking bays in retail car parks from abuse by non-disabled drivers.

Following meetings with the campaign representatives, the Department for Transport has provided £15,000 towards a national feasibility study on awareness/enforcement of disabled persons' parking bays in the supermarket car parks. A report

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will be produced later this year on the findings of the study, at which stage consideration will be given to how best to take forward the project.

Railway Penalty Fares

Viscount Astor asked Her Majesty's Government:

    Why rail travel between Stansted Airport and London has been excluded from the penalty fares regime; and [HL3160]

    What are the reasons for the penalty fares regime being reintroduced for rail travel between Gatwick Airport and London stations; and [HL3161]

    Whether the Strategic Rail Authority was consulted about and approved (a) the penalty fares regime exclusion from Stansted Airport to London and (b) the reintroduction of the penalty fares regime from Gatwick Airport to London; and [HL3162]

    Whether the Strategic Rail Authority consulted the London Transport Users Committee on the issue of the rail penalty fares regime from Stansted and Gatwick Airports to London. [HL3163]

Lord Macdonald of Tradeston: Train operating companies are free to decide whether or not to apply penalty fares. Those that wish to charge penalty fares must submit a scheme for approval to the Strategic Rail Authority (SRA). The scheme has to comply with the Penalty Fares Regulations made by the Secretary of State for Transport and the Penalty Fares Rules made by the SRA. The approval process includes consultation with the relevant rail passengers committee and passenger transport executive. The London Transport Users Committee was consulted on all the London area penalty fares schemes, including Thameslink and South Central. Thameslink and South Central charge penalty fares on most of their networks, including on their services between Gatwick and London. Gatwick Express and WAGN's dedicated London—Stansted Express service have decided not to operate a penalty fares scheme.

Channel Tunnel: Safety Checks

Lord Fearn asked Her Majesty's Government:

    What safety checks are carried out on the Channel Tunnel; and by whom.[HL3170]

Lord Macdonald of Tradeston: The Channel Tunnel operator, Eurotunnel, has primary responsibility for ensuring the safe operation of the Channel Tunnel system. In order to fulfil this responsibility it undertakes a wide range of safety checks on all aspects of its operations. Its safety performance is monitored by the independent, binational Channel Tunnel Safety Authority on behalf of the Channel Tunnel Intergovernmental Commission (IGC).

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The safe operation of through passenger and freight services is the responsibility of the train operators Eurostar UK Ltd and SNCF (for passenger services) and English, Welsh and Scottish Railway International (EWSI) and SNCF (for freight services).

To ensure a coherent approach throughout the system, safety inspections in the Channel Tunnel are carried out jointly by inspectors from both the British and French authorities, appointed jointly by the Channel Tunnel IGC and the Safety Authority. On the British side, these inspectors are drawn from the Health and Safety Executive (HSE), the Kent and Medway Towns Fire Authority, and the Kent County Constabulary.

Eurotunnel's updated safety case, with (as supporting documents) the safety cases of the three train operators whose services currently run through the tunnel, was accepted by the Channel Tunnel IGC in February 2003.

Intelligence and Security Committee: Annual Report

Lord Tomlinson asked Her Majesty's Government:

    When they expect to lay the Intelligence and Security Committee's annual report for 2002–03 before Parliament.[HL3295]

Lord Macdonald of Tradeston: The Government are grateful to the Intelligence and Security Committee for its valuable work and its latest annual report. Following consultation with the Intelligence and Security Committee over matters which could not be published without prejudicing the discharge of the function and operation of the intelligence and security agencies, the report will be laid before the House today. Copies will also be placed in the Libraries of both Houses.

3.4GHz Fixed Wireless Access Licences

The Earl of Northesk asked Her Majesty's Government:

    Whether the terms and conditions of the 3.4GHz broadband fixed wireless auction provide for licence terms of 15 years; whether successful bidders are not required to provide bankers' guarantees; and whether they are not under any obligation to roll out services within the period of the licence. [HL2944]

The Parliamentary Under-Secretary of State, Department of Trade and Industry (Lord Sainsbury of Turville): The terms and conditions of the 3.4GHz Public Fixed Wireless Access licences are as follows. Licences are issued for an initial duration of five years. The licensee will have the option to renew the licence for up to two further periods of five years. Bankers guarantees are not required as payment must be made in full at the start of each period. No roll-out obligations are included in the licences.

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